Order Granting Motion for Protective Order Regulating Disclosure of Discovery and Sensitive — No. 4:24-cr-06004 (Dkt. 48, E.D. Wash.)

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Order Granting Motion for Protective Order Regulating Disclosure of Discovery and Sensitive Information, ECF No. 48 filed April 15, 2024 in United States v. Leif Gerald Larsen, No. 4:24-CR-06004-SAB-3 in the Eastern District of Washington. The United States, represented by Freida Zimmerman and Jeremy Kelley, moved without opposition (ECF No. 47) for an order governing discovery that it says contains sensitive information and identifiers of the defendant and co-defendants; Larsen is represented by Gregory Scott. Stanley A. Bastian, Chief United States District Judge, finds good cause and grants the motion. Discovery is delivered through USA File Exchange and must be kept on password-protected or encrypted media; copies are to be retrieved and destroyed after final judgment, and violations reported to the court.

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      Case 4:24-cr-06004-SAB     ECF No. 48    filed 04/15/24   PageID.158 Page 1 of 4



 1                                                                           FILED IN THE
                                                                         U.S. DISTRICT COURT
                                                                   EASTERN DISTRICT OF WASHINGTON

 2
                                                                    Apr 15, 2024
 3                                                                      SEAN F. MCAVOY, CLERK


 4
 5
 6                        UNITED STATES DISTRICT COURT
 7                     EASTERN DISTRICT OF WASHINGTON
 8
 9 UNITED STATES OF AMERICA,                      NO. 4:24-CR-06004-SAB-3

10                            Plaintiff,
11        v.
                                                  ORDER GRANTING MOTION
12 LEIF GERALD LARSEN,
                                                  FOR PROTECTIVE ORDER
13                            Defendant.
                                                  REGULATING DISCLOSURE OF
14
                                                  DISCOVERY AND SENSITIVE
15
                                                  INFORMATION
16
17        Before the Court is the United States’ Unopposed Motion for Protective
18 Order Regulating Disclosure of Discovery and Sensitive Information, ECF No. 47.
19 The motion was heard without oral argument. The United States is represented by
20 Freida Zimmerman and Jeremy Kelley. Defendant is represented by Gregory Scott.
21        The United States asks the Court to enter a Protective Order regarding the
22 dissemination of discovery materials, and the sensitive information contained
23 therein, in this case. The United States indicates that a significant volume of the
24 discovery matters in this matter include sensitive personal, financial, and business
25 information and identifiers of the Defendant and co-Defendants. Good cause exists
26 to grant the motion.
27        Accordingly, IT IS HEREBY ORDERED:
28        1.     The United States’ Unopposed Motion for Protective Order

      ORDER GRANTING MOTION FOR PROTECTIVE ORDER ~ 1
      Case 4:24-cr-06004-SAB      ECF No. 48    filed 04/15/24   PageID.159 Page 2 of 4



 1 Regulating Disclosure of Discovery and Sensitive Information, ECF No. 47
 2 GRANTED.
 3        2.     The United States is authorized to disclose the discovery including
 4 sensitive information and materials (hereinafter “Discovery”) in its possession
 5 pursuant to the discovery obligations imposed by this Court.
 6        3.     Government personnel and counsel for Leif Gerald Larsen
 7 (“Defendant”), shall not provide, or make available, the sensitive information in
 8 the Discovery to any person except as specified in the Order or by approval from
 9 this Court. Counsel for Defendant and the Government shall restrict access to the
10 Discovery, and shall only disclose the sensitive information in the Discovery to
11 their client, office staff, investigators, independent paralegals, necessary third-party
12 vendors, consultants, and/or anticipated fact or expert witnesses to the extent that
13 defense counsel believes is necessary to assist in the defense of their client in this
14 matter or that the Government believes is necessary in the investigation and
15 prosecution of this matter.
16        4.     Third parties contracted by the United States or counsel for Defendant
17 to provide expert analysis or testimony may possess and inspect the sensitive
18 information in the Discovery, but only as necessary to perform their case-related
19 duties or responsibilities in this matter. At all times, third parties shall be subject
20 to the terms of the Order.
21        5.     Discovery in this matter will be available to defense counsel via
22 access to a case file on USA File Exchange. Counsel for Defendant may download
23 Discovery from USA File Exchange and shall exercise reasonable care in ensuring
24 the security and confidentiality of the Discovery by electronically storing the
25 Discovery on a password-protected or encrypted storage medium, including a
26 password-protected computer, or device. If Discovery is printed, Counsel must also
27 exercise reasonable care in ensuring the security and confidentiality of the
28 Discovery by storing copies in a secure place, such as a locked office, or otherwise

      ORDER GRANTING MOTION FOR PROTECTIVE ORDER ~ 2
      Case 4:24-cr-06004-SAB     ECF No. 48    filed 04/15/24   PageID.160 Page 3 of 4



 1 secure facility where visitors are not left unescorted.
 2        6.     If, during the pendency of the case, Defendant requests a copy of the
 3 any Discovery items from Counsel for Defendant, Counsel may provide a copy of
 4 Discovery items to the defendant provided that Counsel advises Defendant of the
 5 requirements of the Protective Oder and ensures that all sensitive third-party
 6 information contained in the Discovery, such as social security numbers, dates of
 7 birth, and bank account numbers, is fully redacted. Counsel for Defendant may
 8 review Discovery with a witness or potential witness in this case subject to the
 9 requirement that before being shown any portion of the Discovery, any witness or
10 potential witness must be informed of the requirements of the Protective Order and
11 no witness or potential witness may retain any copies of the Discovery after his or
12 her review of those materials with Counsel is complete.
13        7.     All counsel of record in this matter, including counsel for the United
14 States, shall ensure that any party, including the Defendant, that obtains access to
15 the Discovery, is advised of this Order and that all information must be held in
16 strict confidence and that the recipient may not further disclose or disseminate the
17 information. Any other party that obtains access to, or possession of, the
18 Discovery containing discovery information once the other party no longer
19 requires access to or possession of such Discovery shall promptly destroy or return
20 the Discovery once access to Discovery is no longer necessary. No other party that
21 obtains access to or possession of the Discovery containing sensitive information
22 shall retain such access to or possession of the Discovery containing sensitive
23 information unless authorized by this Order, nor further disseminate such
24 Discovery expect as authorized by this Order or the further Order of this court. For
25 purposes of this Order, “other party” is any person other than appointed counsel for
26 the United States or counsel for Defendant.
27        8.     All counsel of record, including counsel for the United States, shall
28 keep a list of the identity of each person to whom the Discovery containing

      ORDER GRANTING MOTION FOR PROTECTIVE ORDER ~ 3
      Case 4:24-cr-06004-SAB     ECF No. 48    filed 04/15/24   PageID.161 Page 4 of 4



 1 sensitive information is disclosed and who was advised of the requirements of this
 2 Order. Neither counsel for Defendant nor counsel for the United States shall be
 3 required to disclose this list of persons unless ordered to do so by the Court.
 4        9.    Upon entry of a final order of the Court in this matter and conclusion
 5 of any direct appeals, government personnel and counsel for Defendant shall
 6 retrieve and destroy all copies of the Discovery containing sensitive information,
 7 except that counsel and government personnel may maintain copies in their closed
 8 files following their customary procedures.
 9        10.   Government personnel and counsel for Defendant shall promptly
10 report to the Court any known violations of this Order.
11        IT IS SO ORDERED. The District Court Executive is hereby directed to
12 enter this Order and furnish copies to counsel.
13        DATED this 15th day of April 2024.
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                                    Stanley A. Bastian
19
                            Chief United States District Judge
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     ORDER GRANTING MOTION FOR PROTECTIVE ORDER ~ 4


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