UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

v.

JASON DADE, et al.

No. 12 CR 497

Judge Sharon Johnson Coleman

PROTECTIVE ORDER GOVERNING DISCOVERY

Upon the unopposed motion of the government, pursuant to Fed. R. Crim. P.

16(d), it is hereby ORDERED:

1. All of the materials provided by the United States in preparation for, or in

connection with, any stage of the proceedings in this case (collectively, "the materials")

are subject to this protective order and may be used by defendants and defendants’

counsel (defined as counsel of record in this case) solely in connection with the defense

of this case, and for no other purpose, and in connection with no other proceeding,

without further order of this Court.

2. Defendants and defendants’ counsel shall not disclose the materials or their

contents directly or indirectly to any person or entity other than persons employed to

assist in the defense, persons who are interviewed as potential witnesses, counsel for

potential witnesses, and other persons to whom the Court may authorize disclosure

(collectively, “authorized persons”). Potential witnesses and their counsel may be shown

copies of the materials as necessary to prepare the defense, but may not retain copies

without prior permission of the Court.

3. Any materials containing taxpayer information obtained from the Internal

Revenue Service shall be plainly marked as such by the government prior to disclosure.

No such materials, or the information contained therein, may be disclosed to any persons

other than defendants, defendants’ counsel, persons employed to assist the defense, or the

taxpayer on whose behalf such information was provided to the Internal Revenue Service,

without prior notice to the government and authorization from the Court. Absent prior

permission from the Court, taxpayer information obtained from the Internal Revenue

Service shall not be included in any public filing with the Court, and instead shall be

submitted under seal (this Order does not, however, prohibit a defendant from making a

public filing containing the defendant's own taxpayer information).

4. Certain additional materials disclosed or to be disclosed by the government

contain particularly sensitive information, including financial information of one or more

persons other than the defendant to whom the information is disclosed. These materials

shall be plainly marked as sensitive by the government prior to disclosure. No such
materials, or the information contained therein, may be disclosed to any persons other

than defendants, counsel for defendants, persons employed to assist the defense, or the

person to whom the sensitive information solely and directly pertains, without prior notice

to the government and authorization from the Court. Absent prior permission from the

Court, information marked as sensitive shall not be included in any public filing with the

Court, and instead shall be submitted under seal (except in the case of a defendant who

chooses to include in a public document sensitive information relating solely and directly

to the defendant making the filing).

5. Defendants, defendants’ counsel, and authorized persons shall not copy or

reproduce the materials except in order to provide copies of the materials for use in

connection with this case by defendants, defendants’ counsel, and authorized persons.

Such copies and reproductions shall be treated in the same manner as the original

materials.

6. Defendants, defendants’ counsel, and authorized persons shall not disclose

any notes or records of any kind that they make in relation to the contents of the materials,

other than to authorized persons, and all such notes or records are to be treated in the

same manner as the original materials.

7. Before providing materials to an authorized person, defense counsel must

provide the authorized person with a copy of this Order.

8. Upon conclusion of all stages of this case, all of the materials and all copies

made thereof shall be disposed of in one of three ways, unless otherwise ordered by the

Court. The materials may be (1) destroyed; (2) returned to the United States; or (3)

retained in defense counsel's case file. The Court may require a certification as to the

disposition of any such materials. In the event that the materials are retained by defense

counsel, the restrictions of this Order continue in effect for as long as the materials are so

maintained, and the materials may not be disseminated or used in connection with any

other matter without further order of the Court.

9. To the extent any material is produced by the United States to defendants or

defendants’ counsel by mistake, the United States shall have the right to request the return

of the material and shall do so in writing. Within five days of the receipt of such a

request, defendants and/or defendants’ counsel shall return all such material if in hard

copy, and in the case of electronic materials, shall certify in writing that all copies of the

specified material have been deleted from any location in which the material was stored.

10. The restrictions set forth in this Order do not apply to documents that are or

become part of the public court record, including documents that have been received in

evidence at other trials, nor do the restrictions in this Order limit defense counsel in the

use of discovery materials in judicial proceedings in this case, except that any document

filed by any party which attaches or otherwise discloses the contents of taxpayer

information obtained from the Internal Revenue Service (other than taxpayer information

relating solely to the defendant filing the document in question) or specially identified

sensitive information as described in Paragraph 4, above, shall be filed under seal to the

extent necessary to protect such information, absent prior permission from this Court.
11. Nothing contained in this Order shall preclude any party from applying to

this Court for further relief or for modification of any provision hereof.

ENTER:

_______________________________

SHARON JOHNSON COLEMAN

District Judge

United States District Court

Northern District of Illinois

August 3, 2012

Date: _______________