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Proposed Protective Order Regarding Discovery Containing Personal Identifying Information and Privacy Act Information — United States v. Kerwin Aldric Jordan (Dkt. 19.1)

Summary

This is a proposed protective order in United States v. Kerwin Aldric Jordan, No. 2:25-cr-801-SVW, in the United States District Court for the Central District of California, filed 11/19/25. It recites that the Court considered the parties' stipulation, filed November 14, 2025, and that the government's discovery relates to the defendant's alleged crimes of aiding and assisting in the preparation of a false tax return and wire fraud. The government could produce discovery containing personal identifying information to defense counsel marked CONFIDENTIAL INFORMATION. The defendant could review it only in the presence of the defense team and could not copy, keep or possess it. The signature page has a date line for Honorable Stephen V. Wilson, United States District Judge.

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“Proposed Protective Order Regarding Discovery Containing Personal Identifying Information and Privacy Act Information — United States v. Kerwin Aldric Jordan (Dkt. 19.1).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/gov-uscourts-cacd-991972-19-1-24d5afc99a/, SHA-256 dcf0c97feac3499c21315dd0102d44d68136de772edbada931ff9c264661c9f2.

Full text

     Case 2:25-cr-00801-SVW    Document 19-1 Filed 11/19/25   Page 1 of 7 Page ID
                                        #:114


 1   BILAL A. ESSAYLI
     First Assistant United States Attorney
 2   ALEXANDER B. SCHWAB
     Assistant United States Attorney
 3   Acting Chief, Criminal Division
     RANEE A. KATZENSTEIN (Cal. Bar No. 187111)
 4   Assistant United States Attorney
     Acting Deputy Chief, Criminal Appeals Section
 5        1000 United States Courthouse
          312 North Spring Street
 6        Los Angeles, California 90012
          Telephone: (213) 894-2432
 7        E-mail:     ranee.katzenstein@usdoj.gov

 8   Attorneys for Plaintiff
     UNITED STATES OF AMERICA
 9
10                            UNITED STATES DISTRICT COURT

11                    FOR THE CENTRAL DISTRICT OF CALIFORNIA

12   UNITED STATES OF AMERICA,               No. 2:25-cr-801-SVW

13             Plaintiff,                    [PROPOSED] PROTECTIVE ORDER
                                             REGARDING DISCOVERY CONTAINING
14             v.                            PERSONAL IDENTIFYING INFORMATION
                                             AND PRIVACY ACT INFORMATION
15 KERWIN ALDRIC JORDAN,

16             Defendant.

17

18
          The Court has read and considered the parties’ Stipulation for
19
     a Protective Order Regarding Discovery Containing Personal
20
     Identifying Information and Privacy Act Information, filed by the
21
     government and defendant Kerwin Aldric Jordan (“defendant”) in this
22
     matter on November 14, 2025, which this Court incorporates by
23
     reference into this order, and FOR GOOD CAUSE SHOWN the Court hereby
24
     FINDS AND ORDERS as follows:
25
          1.   The government’s discovery in this case relates to
26
     defendant’s alleged crimes, that is, violations of 26 U.S.C.
27
     § 7206(2): Aiding and Assisting in the Preparation of a False Tax
28
     Return; and 18 U.S.C. § 1343: Wire Fraud.
     Case 2:25-cr-00801-SVW   Document 19-1 Filed 11/19/25   Page 2 of 7 Page ID
                                       #:115


 1        2.   A protective order for the discovery is necessary so that

 2   the government can produce to the defense materials containing third

 3   parties’ PII.    The Court finds that disclosure of this information

 4   without limitation risks the privacy and security of the

 5   information’s legitimate owners. Because the government has an

 6   ongoing obligation to protect third parties’ PII, the government

 7   cannot produce to defendant an unredacted set of discovery

 8   containing this information without this Court entering the

 9   Protective Order.    Moreover, PII makes up a significant part of the

10   discovery in this case and such information itself, in many

11   instances, has evidentiary value. If the government were to attempt

12   to redact all this information in strict compliance with Federal

13   Rule of Criminal Procedure 49.1, the Central District of

14   California’s Local Rules regarding redaction, and the Privacy Policy

15   of the United States Judicial Conference, the defense would receive

16   a set of discovery that would be highly confusing and difficult to

17   understand, and it would be challenging for defense counsel to

18   adequately evaluate the case, provide advice to defendant, or

19   prepare for trial.

20        3.   An order is also necessary because the government intends

21   to produce to the defense materials that may contain information

22   within the scope of the Privacy Act, 5 U.S.C. § 552a (“Privacy Act

23   Information”).   The Court finds that, to the extent that these

24   materials contain Privacy Act information, disclosure is authorized

25   pursuant to 5 U.S.C. § 552a(b)(11).

26        4.   The purpose of this Protective Order is therefore to

27   (a) allow the government to comply with its discovery obligations

28   while protecting this sensitive information from unauthorized

                                           2
     Case 2:25-cr-00801-SVW   Document 19-1 Filed 11/19/25   Page 3 of 7 Page ID
                                       #:116


 1   dissemination, and (b) provide the defense with sufficient

 2   information to adequately represent defendant.

 3        5.    Accordingly, the discovery that the government will

 4   provide to defense counsel in the above-captioned case will be

 5   subject to this Protective Order, as follows:

 6              a.    As used herein, “PII Materials” includes any

 7   information that can be used to identify a person, including a name,

 8   address, date of birth, Social Security number, driver’s license

 9   number, telephone number, account number, email address, or personal

10   identification number.

11              b.    “Confidential Information” refers to any document or

12   information containing PII Materials that the government produces to

13   the defense pursuant to this Protective Order and any copies

14   thereof.

15              c.    “Defense Team” includes (1) defendant’s counsel of

16   record (“defense counsel”); (2) other attorneys at defense counsel’s

17   law firm who may be consulted regarding case strategy in this case;

18   (3) defense investigators who are assisting defense counsel with

19   this case; (4) retained experts or potential experts; and

20   (5) paralegals, legal assistants, and other support staff to defense

21   counsel who are providing assistance on this case.          The Defense Team

22   does not include defendant, defendant’s family members, or any other

23   associates of defendant.

24              d.    The government is authorized to provide defense

25   counsel with Confidential Information marked with the following

26   legend: “CONFIDENTIAL INFORMATION -- CONTENTS SUBJECT TO PROTECTIVE

27   ORDER.”    The government may put that legend on the digital medium

28   (such as DVD or hard drive) or simply label a digital folder on the

                                           3
     Case 2:25-cr-00801-SVW   Document 19-1 Filed 11/19/25   Page 4 of 7 Page ID
                                       #:117


 1   digital medium to cover the content of that digital folder.           The

 2   government may also redact any PII contained in the production of

 3   Confidential Information.

 4              e.   If defendant objects to a designation that material

 5   contains Confidential Information, the parties shall meet and

 6   confer.   If the parties cannot reach an agreement regarding

 7   defendant’s objection, defendant may apply to this Court to have the

 8   designation removed.

 9              f.   Defendant and the Defense Team shall use the

10   Confidential Information solely to prepare for any pretrial motions,

11   plea negotiations, trial, and sentencing hearing in this case, as

12   well as any appellate and post-conviction proceedings.

13              g.   The Defense Team shall not permit anyone other than

14   the Defense Team to have possession of Confidential Information,

15   including defendant, while outside the presence of the Defense Team.

16              h.   At no time, under no circumstance, will any

17   Confidential Information be left in the possession, custody, or

18   control of defendant, regardless of defendant’s custody status.

19              i.   Defendant may review PII Materials only in the

20   presence of a member of the Defense Team, who shall ensure that

21   defendant is never left alone with any PII Materials.          At the

22   conclusion of any meeting with defendant at which defendant is

23   permitted to view PII Materials, defendant must return any PII

24   Materials to the Defense Team, and the member of the Defense Team

25   present shall take all such materials with him or her.          Defendant

26   may not take any PII Materials out of the room in which defendant is

27   meeting with the Defense Team.

28

                                           4
     Case 2:25-cr-00801-SVW   Document 19-1 Filed 11/19/25   Page 5 of 7 Page ID
                                       #:118


 1             j.    Defendant may see and review Confidential Information

 2   as permitted by this Protective Order, but defendant may not copy,

 3   keep, maintain, or otherwise possess any Confidential Information in

 4   this case at any time.     Defendant also may not write down or record

 5   any data or information contained in the Confidential Information.

 6             k.    The Defense Team may review Confidential Information

 7   with a witness or potential witness in this case, including

 8   defendant. A member of the Defense Team must be present if PII

 9   Materials are being shown to a witness or potential witness. No

10   member of the Defense Team shall permit a witness or potential

11   witness to retain Confidential Information or any notes generated

12   from Confidential Information.

13             l.    The Defense Team shall maintain Confidential

14   Information safely and securely, and shall exercise reasonable care

15   in ensuring the confidentiality of those materials by (1) not

16   permitting anyone other than members of the Defense Team, defendant,

17   witnesses, and potential witnesses, as restricted above, to see

18   Confidential Information; (2) not divulging to anyone other than

19   members of the Defense Team, defendant, witnesses, and potential

20   witnesses, the contents of Confidential Information; and (3) not

21   permitting Confidential Information to be outside the Defense Team’s

22   offices, homes, vehicles, or personal presence.

23             m.    To the extent that defendant, the Defense Team,

24   witnesses, or potential witnesses create notes that contain, in

25   whole or in part, Confidential Information, or to the extent that

26   copies are made for authorized use by members of the Defense Team,

27   such notes, copies, or reproductions become Confidential Information

28

                                           5
     Case 2:25-cr-00801-SVW   Document 19-1 Filed 11/19/25   Page 6 of 7 Page ID
                                       #:119


 1   subject to the Protective Order and must be handled in accordance

 2   with the terms of the Protective Order.

 3             n.    The Defense Team shall use Confidential Information

 4   only for the litigation of this matter and for no other purpose.

 5   Litigation of this matter includes any appeal filed by defendant and

 6   any motion filed by defendant pursuant to 28 U.S.C. § 2255.            In the

 7   event that a party needs to file Confidential Information with the

 8   Court or divulge the contents of Confidential Information in court

 9   filings, the filing should be made under seal.          If the Court rejects

10   the request to file such information under seal, the party seeking

11   to file such information publicly shall provide advance written

12   notice to the other party to afford such party an opportunity to

13   object or otherwise respond to such intention.          If the other party

14   does not object to the proposed filing, the party seeking to file

15   such information shall redact any PII Materials and make all

16   reasonable attempts to limit the divulging of PII Materials.

17             o.    Any Confidential Information inadvertently produced

18   in the course of discovery prior to entry of the Protective Order

19   shall be subject to the terms of this Protective Order.           If

20   Confidential Information was inadvertently produced prior to entry

21   of the Protective Order without being marked “CONFIDENTIAL

22   INFORMATION -- CONTENTS SUBJECT TO PROTECTIVE ORDER,” the government

23   shall reproduce the material with the correct designation and notify

24   defense counsel of the error.      The Defense Team shall take immediate

25   steps to destroy the unmarked material, including any copies.

26             p.    Confidential Information shall not be used by any

27   member of the defense team, in any way, in any other matter, absent

28   an order by this Court.     All materials designated subject to the

                                           6
     Case 2:25-cr-00801-SVW   Document 19-1 Filed 11/19/25   Page 7 of 7 Page ID
                                       #:120


 1   Protective Order maintained in the Defense Team’s files shall remain

 2   subject to the Protective Order unless and until such order is

 3   modified by this Court.

 4               q.   In the event that there is a substitution of counsel

 5   prior to when such documents must be returned, new defense counsel

 6   must be informed of, and agree in writing to be bound by, the

 7   requirements of the Protective Order before defense counsel

 8   transfers any Confidential Information to the new defense counsel.

 9   New defense counsel’s written agreement to be bound by the terms of

10   the Protective Order must be returned to the Assistant U.S. Attorney

11   assigned to the case.      New defense counsel then will become the

12   Defense Team’s custodian of materials designated subject to the

13   Protective Order.

14               r.   Defense counsel shall advise defendant and all

15   members of the Defense Team of their obligations under the

16   Protective Order and ensure their agreement to follow the Protective

17   Order, prior to providing defendant and members of the Defense Team

18   with access to any materials subject to the Protective Order.

19          IT IS SO ORDERED.

20

21   DATE                                      HONORABLE STEPHEN V. WILSON
                                               UNITED STATES DISTRICT JUDGE
22

23   Presented by:
24
      /s/
25   RANEE A. KATZENSTEIN
     Assistant United States Attorney
26

27

28

                                           7


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