Government’s Motion for a Protective Order Concerning Sensitive Discovery Material — No. 1:21-cr-00371 (Dkt. 11, N.D. Ala.)

Summary

The Government's Motion for a Protective Order Concerning Sensitive Discovery Material, Document 11, filed December 10, 2021 in United States v. Anthony Lamon Frazier, Kelvin James Dark, Charleen Porter and Frederick Andre Spencer, Case No. 1:21-cr-371-CLM-JHE, in the U.S. District Court for the Northern District of Alabama. Under Federal Rule of Criminal Procedure 16(d)(1), the government states that the indictment charges financial crimes including wire fraud, false statements on a loan application, filing false tax returns, structuring and money laundering, and that the evidence includes records with personal identifying information. It asks the court to order defense counsel not to make additional copies, not to leave copies with any individual or in any jail, and not to disclose the materials beyond the defendants and those needed for the defense.

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“Government’s Motion for a Protective Order Concerning Sensitive Discovery Material — No. 1:21-cr-00371 (Dkt. 11, N.D. Ala.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/government-s-motion-for-a-protective-order-concerning-sensitive-discov-2d180a6f91/, SHA-256 dccef460ff981a09417163930f44b875da521f98ccfcaaf0093d3145cce2a838.

Full text

Case 1:21-cr-00371-CLM-JHE Document 11 Filed 12/10/21 Page 1 of 4 FILED
2021 Dec-10 PM 01:55
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION

UNITED STATES OF AMERICA )
)
v. )
)
ANTHONY LAMON FRAZIER, ) Case No. 1:21-cr-371-CLM-JHE
also known as “Tony” )
KELVIN JAMES DARK, )
also known as “KDigga” )
CHARLEEN PORTER, and )
FREDERICK ANDRE SPENCER )

GOVERNMENT’S MOTION FOR A PROTECTIVE ORDER
CONCERNING SENSITIVE DISCOVERY MATERIAL

Comes now the United States, by and through the undersigned, and pursuant

to Federal Rule of Criminal Procedure 16(d)(1), and moves for a protective order

concerning certain sensitive discovery material containing confidential information

in this case. The Government shows the following grounds for this motion.

1. The Indictment in this case charges the Defendants with various

financial crimes, including but not limited to wire fraud, false statements on a loan

application, filing false tax returns, structuring, and money laundering.

2. The evidence in this case includes tax records and other financial

records containing personal identifying information, including names, residential

addresses, telephone numbers, dates of birth, social security numbers, drivers’

1
Case 1:21-cr-00371-CLM-JHE Document 11 Filed 12/10/21 Page 2 of 4

license numbers, and financial information, i.e., Personal Identifying Information

(“PII”).

3. The nature of the information and the way in which it overlaps with the

charges in the case makes it impractical to redact each document. Much of the above-

identified PII may be relevant to the Defendants’ preparation of their case.

4. Federal Rule of Criminal Procedure 16(d)(1) permits the Court to enter

a protective order regulating the manner in which discovery is conducted.

5. Given the nature of the discovery and the ongoing national emergency

related to the COVID-19 pandemic, as well as the need to balance the Defendants’

rights with the privacy interests of other individuals while using limited government

resources, the Government requests that the Court enter a protective order pursuant

to FED. R. CRIM. P. 16(d)(1) governing the disclosure and handling of the above-

referenced documents and items. Specifically, the government requests that the

Court order that defense counsel receiving documents and items as part of discovery

in this case, including original discovery and any future discovery, be ordered not to

make any additional copies of said documents and items, be ordered not to leave the

originals or copies of the same with any individual or in any jail or correctional

facility, and be ordered not to disclose the documents and items, any copies thereof,

or the contents thereof to anyone other than the Defendants or any person necessary

2
Case 1:21-cr-00371-CLM-JHE Document 11 Filed 12/10/21 Page 3 of 4

for the preparation of the defense. Further, the government moves that defense

counsel be directed, if they have any questions or seek modification of any Order

issued pursuant hereto, to seek guidance or clarification from the Court.

6. Such a protective order would provide defense counsel and the

Defendants with needed access to discovery while protecting sensitive PII.

WHEREFORE, the United States respectfully requests that the Court enter a

protective order.

Respectfully submitted,

PRIM F. ESCALONA
United States Attorney

/s/ Allison J. Garnett .
ALLISON J. GARNETT
Assistant United States Attorney

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Case 1:21-cr-00371-CLM-JHE Document 11 Filed 12/10/21 Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that, on December 10, 2021, I filed the foregoing with the

Clerk of the Court using the CM/ECF system, which will send notification of such

filing to defense counsel.

/s/ Allison J. Garnett .
ALLISON J. GARNETT
Assistant United States Attorney

File and source

File: 11.pdf
Size: 168,857 bytes
SHA-256: dccef460ff981a09417163930f44b875da521f98ccfcaaf0093d3145cce2a838
Our copy: 11.pdf
Original: No public link identified.