11/25/2009 48 MOTION for Protective Order by USA as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton. (Anand, Justin) (Entered: 11/25/2009)
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GOVERNMENT'S MOTION FOR PROTECTIVE ORDER FOR DISCOVERY MATERIAL
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA :
v.
RUFUS PAUL HARRIS;
BENJAMIN STANLEY; and
DARRYL HORTON :
Defendants :
CRIMINAL INDICTMENT NO. 1:09-CR-406
GOVERNMENT'S MOTION FOR PROTECTIVE ORDER FOR DISCOVERY MATERIAL
The United States of America, by and through its counsel, Sally Quillian Yates, Acting United States Attorney, Northern District of Georgia, and Justin S. Anand, Assistant United States Attorney, hereby moves pursuant to Fed. R. Crim P. 16(d), for a protective order that limits the defendants’ use and dissemination of information provided in discovery to that which is reasonably necessary to prepare their defenses.
Specifically, the Government requests an order providing that any discovery materials and all information included in discovery materials (referred to in this order as discovery”), regardless of whether such materials and information are defined as discovery under Rule 16 or already have been produced, that are provided by the United States to any defendant shall not be further disseminated by the defendant or his counsel to any individuals, organizations, or other entities, other than: (1) members of the defense team (co-counsel, paralegals, investigators, litigation support personnel, the defendant, and secretarial staff); (2) any experts or consultants retained to assist in the preparation of the defense; and (3) counsel for any co-defendant. The Government further requests an order stating that each defendant, his co-counsel, and any investigator may show but not provide copies of any discovery to witnesses if it is determined that it is necessary to do so for the purpose of preparing the defense of the case. The Government further requests that all discovery is to be provided and used by each defendant and his counsel solely for the purpose of allowing the defendant to prepare his defense, and that each defendant, defense counsel, or members of the defense teams will not disseminate, disclose, or provide the discovery produced by the United States to anyone who is not necessary to the preparation of the defense.
In support of this motion, the Government states that the discovery material in this case is voluminous, and contains over 40,000 documents. Many of these documents are personal bank or brokerage records of defendants, as well as certain family members of each of the defendants who are not charged. The documents also contain address and other identity information for other third parties. The Government has taken diligent steps to redact social security numbers, but given the volume of documentation and varying qualities of electronic images (which can degrade the effectiveness of Optical Character Recognition searches) it is possible that a redaction was missed. Further, for the same reasons, it is not practicable to redact every address or account number associated with every individual.
Thus, the Government submits that additional protective measures are necessary to guard against intentional or unintentional dissemination of confidential personal information. A protective order is the most reasonable way of balancing the defendants’ need for access to these materials, with the rights of individuals whose information may be reflected in this discovery.
WHEREFORE, the United States of America respectfully requests that the Court issue the protective order presented to the Court.
Respectfully submitted,
SALLY QUILLIAN YATES
ACTING UNITED STATES ATTORNEY
/S/ Justin Anand
JUSTIN S. ANAND
ASSISTANT UNITED STATES ATTORNEY
600 U.S. Courthouse
75 Spring St., S.W.
Atlanta, GA 30303
(404) 581-6322
(404) 581-6181 (Fax)
Georgia Bar No. 016116
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See attached proposed order -
11/25/2009 48 MOTION for Protective Order by USA as to Rufus Paul Harris, Benjamin Stanley, Darryl Horton. (Anand, Justin) (Entered: 11/25/2009)
Doc 48 PDF file
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