UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

v.

JAMES CHARLESTON, et al.

No. 12 CR 532

Judge Matthew F. Kennelly

AGREED PROTECTIVE ORDER GOVERNING DISCOVERY 

OF FINANCIAL INSTITUTION MATERIALS

Upon the motion of the government, pursuant to Fed. R. Crim. P. 16(d) and 18 U.S.C.

§ 3771(a)(1) and (8), it is hereby ORDERED:

1. All of the financial institution materials provided by the United States in

preparation for, or in connection with, any stage of the proceedings in this case (collectively,

"the financial institution 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 financial institution

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 financial institution materials as necessary to prepare the defense, but
may not retain copies without prior permission of the Court. 

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

reproduce the financial institution materials except in order to provide copies of the financial

institution 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 financial institution materials.

4. 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 financial

institution materials, other than to authorized persons, and all such notes or records are to be

treated in the same manner as the original financial institution materials.

5. Before providing financial institution materials to an authorized person,

defense counsel must provide the authorized person with a copy of this Order.

6. Upon conclusion of all stages of this case, all of the financial institution

materials and all copies made thereof shall be disposed of in one of three ways, unless

otherwise ordered by the Court. The financial institution 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 financial institution materials. In the

event that the financial institution materials are retained by defense counsel, the restrictions

of this Order continue in effect for as long as the financial institution materials are so

maintained, and the financial institution materials may not be disseminated or used in

connection with any other matter without further order of the Court. 
7. To the extent any financial institution material is produced bythe United States

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

request the return of the financial institution 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 financial institution material if in hard copy, and in the case of electronic financial

institution materials, shall certifyin writing that all copies of the specified material have been

deleted from any location in which the material was stored.

8. 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.

9. 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:

_______________________________ 

MATTHEW F. KENNELLY 

District Judge

United States District Court

Northern District of Illinois

Date: August 1, 2012