Stipulation for Protective Order — United States v. Luigi J. Montes, Alexander Hoyos Rivera and Peter Alexander Stincer, No. 2:21-mj-1027-DJA (Dkt. 39, D. Nev.)

Summary

Federal prosecutors and counsel for Luigi J. Montes, Alexander Hoyos Rivera and Peter Alexander Stincer asked the U.S. District Court for the District of Nevada to enter a protective order over discovery containing the personal identifying information of victims and third parties. The stipulation says the charges rest on allegations that the defendants conspired to commit unemployment insurance fraud using victims' PII, and that the government will produce limited Rule 16 discovery to facilitate pre-indictment resolution. Protected Documents will be produced unredacted, but only defendants, their attorneys and listed support staff may see them, and they may be used only to defend against the Complaint. The stipulation is dated the 5th day of April, 2022, and the order block beneath it is dated the 6th day of April, 2022.

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Full text

Case 2:21-mj-01027-DJA Document 36
39 Filed 04/05/22
04/06/22 Page 1 of 5

1 CHRISTOPHER CHIOU
Acting United States Attorney
2 Nevada Bar Number 14853
JIM W. FANG
3 Assistant United States Attorney
501 Las Vegas Blvd. South, Ste. 1100
4 Las Vegas, Nevada 89101
Phone: 702-388-6317
5 Email: jim.fang@usdoj.gov
Attorneys for the United States of America
6
UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF NEVADA

8 UNITED STATES OF AMERICA, Case No. 2:21-mj-1027-DJA

9 Plaintiff, STIPULATION FOR PROTECTIVE
ORDER
v.
10
LUIGI J. MONTES,
11
ALEXANDER HOYOS RIVERA, and
12
PETER ALEXANDER STINCER,
13
Defendants.
14

15 It is hereby stipulated and agreed, by and between Christopher Chiou, Acting United

16 States Attorney, through Jim W. Fang, Assistant United States Attorney, Jess Marchese, Esq.,

17 counsel for defendant Luigi J. Montes, Ivette A. Maningo, Esq., counsel for defendant

18 Alexander Hoyos Rivera, and Jacqueline M. Tirinnanzi, Esq., counsel for defendant Peter

19 Alexander Stincer, that this Court issue an Order protecting from disclosure to the public any

20 discovery documents containing the personal identifying information (“PII”), such as names,

21 addresses, social security numbers, dates of birth, bank account numbers, and debit/credit card

22 numbers, of victims and other third parties in this case. Such documents shall be referred to

23 hereinafter as “Protected Documents.” The parties state as follows:

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Case 2:21-mj-01027-DJA Document 36
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1 1. The charges in this case are based primarily on allegations that defendants

2 conspired to commit unemployment insurance fraud by submitting unemployment claims using

3 victims’ PII. The government intends, in this case, to voluntarily produce limited Rule 16

4 discovery in order to facilitate pre-indictment resolution with defendants. Naturally, PII makes

5 up a significant part of the discovery and such information, particularly in this case, has

6 evidentiary value. Redacting all of the PII will result in the defense receiving a set of discovery

7 materials that may be confusing and difficult to understand, and may make it challenging for

8 defense counsel to adequately evaluate the case, provide advice to defendant, and prepare a

9 defense.

10 2. However, a crime victim has the right to be treated “with respect for the victim’s

11 dignity and privacy.” 18 U.S.C. § 3771(a)(8). “In any court proceeding involving an offense

12 against a crime victim, the court shall ensure that the crime victim is afforded” such right to

13 privacy, among other rights. § 3771(b)(1).

14 3. Subject to the conditions listed herein, the parties agree that the government will

15 provide Protected Documents without redacting the PII. The government agrees that any

16 discovery that does not contain PII, or in which all PII has been redacted, is not subject to the

17 terms of this Protective Order.

18 4. Access to Protected Documents will be restricted to persons authorized by the

19 Court, namely defendants, their attorneys of record, and attorneys' paralegals, investigators,

20 experts, secretaries, file clerks, law clerks, contractors, vendors, IT Department, and copy centers

21 employed by the attorneys of record or performing on behalf of defendants.

22 5. The following restrictions will be placed on defendants, defendants’ attorneys and

23 the above-designated individuals unless and until further ordered by the Court. Defendants,

24 defendants’ attorneys, and the above-designated individuals shall:

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Case 2:21-mj-01027-DJA Document 36
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1 a. Not make copies of the Protected Documents for, or knowingly allow

2 copies of any kind of the Protected Documents be made for, any person that is not an authorized

3 person, and will take reasonable steps to protect against allowing copies of any kind of the

4 Protected Documents to be made for any person that is not an authorized person;

5 b. Not knowingly allow any other person to read the Protected Documents

6 and will take reasonable steps to prevent any person that is not an authorized person to read the

7 Protected Documents; and,

8 c. Not use the Protected Documents for any other purpose other than

9 preparing to defend against the charges in the Complaint. To the extent defendants are indicted

10 by a grand jury at a later date, this protective order will remain in full force and effect, and the

11 parties will file the same protective order in the new case.

12 6. Defendants’ attorneys shall inform any person, to whom they disclose the

13 Protected Documents or to whom they know defendant(s) have disclosed the Protected

14 Documents, of the existence and terms of this Court’s order. Further, defendants’ attorneys shall

15 take reasonable measure to inform any person, to whom disclosure may be made pursuant to

16 this order, of the existence and terms of this Court’s order.

17 7. No party shall file Protected Documents with or submit them to the Court or

18 reproduce their contents in any court filing unless the document or filing is placed under seal or

19 the PII is redacted. The procedures for use of Protected Documents during any hearing or the

20 trial of this matter shall be determined by the parties and the Court in advance of the hearing or

21 trial. The parties shall consider measures such as redacting Protected Documents to remove PII

22 and requesting that any exhibit containing PII be placed under seal. No party shall disclose

23 Protected Documents in open court without prior consideration by the Court.

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Case 2:21-mj-01027-DJA Document 36
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1 8. Within seven days after the resolution of this matter by a defendant’s guilty plea at

2 a change of plea hearing, if such resolution does occur, such defendant shall return to defense

3 counsel any and all copies of Protected Documents furnished to defendants.

4 9. Within seven days after the resolution of this matter by a defendant’s guilty plea at

5 a change of plea hearing, if such resolution does occur, defense counsel shall direct all other

6 authorized persons or others defense counsel has reason to believe have obtained copies of the

7 documents, to return copies of Protected Documents to defense counsel’s office.

8 10. To the extent resolution of this matter is achieve through guilty plea, defense

9 counsels may retain the Protected Documents until the completion of the final appeal in any

10 criminal matters arising out of the charges in the Complaint, or if no appeal was filed, then the

11 expiration of the statute of limitations for the filing of any final appeal of any matter, including

12 collateral review. Thereafter, or to the extent resolution of this matter is achieved by the

13 government’s or the Court’s dismissal of the Complaint, defense counsels shall return to

14 government counsel or destroy all copies of Protected Documents in defense counsels’

15 possession, including copies of Protected Documents previously in the possession of all

16 authorized persons and returned to defense counsels.

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Case 2:21-mj-01027-DJA Document 36
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1 11. Nothing contained in this motion and order shall preclude any party from

2 applying to this Court for further relief or for modifications of any provision hereof.

3 Dated this 5th day of April, 2022.

4 CHRISTOPHER CHIOU
Acting United States Attorney
5
s/Jim W. Fang s/ Jess Marchese
6 JIM W. FANG JESS MARCHESE, ESQ.
Assistant United States Attorney Counsel for Defendant Montes
7 Counsel for the United States
s/ Ivette A. Maningo
8 IVETTE A. MANINGO, ESQ.
Counsel for Defendant Rivera
9
s/ Jacqueline M. Tirinnanzi
10 JACQUELINE M. TIRINNANZI, ESQ.
Counsel for Defendant Stincer
11
ORDER
12
6th
IT IS SO ORDERED this ________ April
day of ___________, 2022.
13

14 _______________________________________
UNITED STATES MAGISTRATE JUDGE
15

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