Order Granting Motion for Protective Order — United States v. Bassett et al. (District of Utah, Document 28)

Summary

This is an Order Granting Motion for Protective Order filed 03/01/23 in the District of Utah in United States v. Zachary Bassett, Mason Warr, and COS Accounting & Tax LLC, Case No. 2:23-cr-0039-HCN. Based on the oral motion of the United States, the court finds a protective order necessary to prevent harmful disclosure of personal identifying information of various individuals while preserving the defendants' right to a fair trial. The United States will give defense counsel unredacted discovery, which may be shared only with the Defense Team and court officials and may be shown to the defendants. The discovery must be returned or destroyed within 90 days of the conclusion of the case, and the order's disclosure provisions do not terminate at the conclusion of the prosecution.

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Case 2:23-cr-00039-HCN-JCB Document 28 Filed 03/01/23 PageID.113 Page 1 of 3




                      IN THE UNITED STATES DISTRICT COURT
                                DISTRICT OF UTAH


 UNITED STATES OF AMERICA,                       Case No. 2:23-cr-0039-HCN

        Plaintiff,
                                                 ORDER GRANTING MOTION FOR
        VS.
                                                 PROTECTIVE ORDER
 ZACHARY BASSETT,
 MASON WARR, and
 COS ACCOUNTING & TAX LLC,                                                           FILED US Dish-id Court-UT
   dba 1099 Tax Pros
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        Defendants.


       Based upon the oral motion of the United States of America ("United States"), and

with good cause appearing, the court hereby finds that a protective order is necessary and

appropriate in this case to prevent harmful disclosure of the personal identifying

information of various individuals, while still preserving the defendants' right to a fair trial

and meaningful discovery.

       Pursuant to the Court's authority under Federal Rule of Criminal Procedure 16(d)(l),

it is hereby ordered:

       1.      The United States will provide counsel for the defendants with unredacted

copies of the discovery in this matter, including documents that contain the personal

identifying information of third parties.

       2.      The produced unredacted discovery shall not be disclosed or made available

for inspection or copying to any person other than as permitted in Paragraphs 3 and 4.
Case 2:23-cr-00039-HCN-JCB Document 28 Filed 03/01/23 PageID.114 Page 2 of 3




       3.     Unredacted discovery provided pursuant to the proposed protective order

may be further disclosed to the following people: (a) associates, secretaries, paralegals,

private investigators, and other employees or independent contractors of such attorneys to

the extent necessary to render professional services in this criminal prosecution

(collectively, the "Defense Team"); and (b) court officials involved in this case.

       4.     Unredacted discovery may be shown to and discussed with the defendants.

A defendant may be provided with a copy of the unredacted discovery by their respective 1

counsel for a limited period of time to review the materials for the purpose of assisting

counsel, provided that: (a) the copy of unredacted discovery is returned to the Defense

Team prior to the conclusion of the case, and (b) the defendant agrees not to show, to copy,

or to disseminate the unredacted copy to anyone other than his Defense Team.

       5.     Persons obtaining access to the discovery produced pursuant to this

protective order shall use the information only for the preparation and conduct of this

criminal trial, and any connected hearings or appeals. No information disclosed pursuant

to this order shall be used for any other purpose or any other proceeding.

       6.     Within 90 days of the conclusion of this case, all discovery produced

pursuant to this order and all copies thereof (other than exhibits of the court) shall be

returned to the United States Attorney's Office. Alternatively, counsel for the defendants

may inform the United States Attorney's Office in writing that all such copies have been

destroyed.

       7.     Counsel for the defendants are responsible for employing reasonable


                                             2
Case 2:23-cr-00039-HCN-JCB Document 28 Filed 03/01/23 PageID.115 Page 3 of 3




measures to control duplication of, and access to, the unredacted discovery. To the extent

any defendant is provided a copy of the unredacted discovery by his counsel for a limited

period of time for purposes of reviewing the materials to assist his counsel, that defendant

is responsible for employing reasonable measures to control duplication of, and access to,

the unredacted discovery.

       8.     Counsel for the parties shall meet and confer to discuss and try to resolve any

questions or concerns about the protective order or compliance with the protective order

prior to seeking relief from this Court.

       9.     The provisions of this order governing disclosure and use of the discovery

shall not terminate at the conclusion of this criminal prosecution.


       Signed this   d-t~    day ofFebruary 2023.


                                           1@f22~
                                              N. JARED BENNETT
                                            : :S:tes Magistrate Judge




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