UNITED STATES DISTRICT COURT 

 SOUTHERN DISTRICT OF FLORIDA 

 Case No. 22-CR-80144-SMITH/MAYNARD 

UNITED STATES OF AMERICA 

vs. 

JOFF STENN WROY PHILOSSAINT, 

MARIEL TOLLINCHI, 

REGINE MARIE RENE, and 

BRIANNA MONIQUE GAYLE, 

Defendants. 

______________________________________/

 UNITED STATES’ UNOPPOSED MOTION 

FOR PERMISSION TO PRODUCE RECORDS TO DEFENSE 

COUNSEL PURSUANT TO A PROTECTIVE ORDER 

The United States of America, by and through the undersigned Assistant United States 

Attorney, hereby moves the Court for entry of a Protective Order. The undersigned has conferred 

with counsel for each of the defendants, and all counsel have stated that they have no objection to 

the entry of the United States’ proposed Protective Order. 

The arraigned defendants have requested entry of the Court’s Standing Discovery Order, 

and those that have not yet been arraigned have informally requested discovery. With regard to 

the Indictment in this case, responding to that Order will require the production and review of 

evidence in the possession of the government which contains personally identifiable information 

(“PII”), including names, dates of birth, Social Security numbers, and banking information for 

numerous individuals who are not parties to this proceeding. This includes hundreds of loan 

applications and payroll information which only exist electronically. Due to the volume of the 

information and the electronic form in which it has been collected and maintained, redaction of 

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the PII is not possible. 

For example, electronic information collected from third parties are protected from 

modification, so redaction would require producing the material in hard copy rather than 

electronically and hand redacting the records page by page. In light of the volume of material 

involved, redaction of all PII within the time limit for production of discovery, and even within 

the Speedy Trial Period, would be impossible. Furthermore, the identities of the third parties and 

their Social Security Numbers, dates of birth, and bank account information may be relevant to the 

defendants’ preparation of the matter for trial because the defendants have been charged with 

conspiring to submit false loan applications and false tax documents. 

Accordingly, in order to protect the confidentiality of this PII and to satisfy its obligations 

under the Standing Discovery Order and Fed. R. Crim. P. 16, the government asks the Court to 

enter the attached Protective Order. As noted above, counsel for the defendants are in agreement 

with the language below, which is contained in the Proposed Order. 

1. The government is authorized to produce discovery to the defendants, including PII 

of third parties, in encrypted form, that is, counsel for each defendant shall provide a 1 terabyte 

encrypted hard drive to counsel for the government, and government personnel shall load the 

discovery onto the encrypted drive provided by defense counsel and return it. Items that are not 

available in electronic format shall be made available for review at the offices of the FBI. If any 

of those documents later become available in electronic format, they shall be loaded onto defense 

counsel’s encrypted hard drives. 

2. Defense counsel shall maintain the encrypted files in a secure area when not in use. 

3. Any copies of the encrypted discovery must also be encrypted or placed on a secure 

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password-protected server. If documents containing PII are printed from the encrypted drive, 

they shall be maintained in a secure area when not in use and shredded when no longer needed. 

Records containing PII of third parties may be shown to the defendants, but the defendants cannot 

keep a copy of those records. Documents and information that do not contain PII are not subject 

to the restrictions set forth in this paragraph. 

4. Any PII that is produced pursuant to the Standing Discovery Order or otherwise 

disclosed in this proceeding shall be held in strictest confidence by defense counsel, and access to 

this material shall be restricted. Access to this information shall be permitted to defense counsel 

staff only to the extent necessary to prepare their client’s defense. Such information may be 

further disclosed by defense counsel to their clients and to expert witnesses and consultants hired 

by the defense who must review and agree to be bound by the terms of the Protective Order. 

Persons to whom any such PII is disclosed on behalf of the defendants shall not further disclose or 

disseminate this information without further Order of the Court. Documents and information that 

do not contain PII are not subject to the restrictions set forth in this paragraph. 

5. No PII related to individuals who are not defendants or witnesses shall be entered 

in the record during trial, either through testimony or documents, or in motions in this proceeding, 

unless all practicable means of masking or redacting PII have been employed. If it is not 

practicable to mask individual identifiers during testimony, or to redact individual identifiers from 

exhibits or motions, then the party wishing to proffer such evidence shall first seek approval from 

the Court to do so shall file such motions and exhibits under seal. 

6. At the conclusion of this proceeding, all PII that was not entered in the record at 

trial through testimony or exhibits, and that is unnecessary to the maintenance of the record of the 

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proceeding, shall be destroyed. Counsel for the defendants may maintain the encrypted drive 

through the completion of any direct appeals. Upon entry of a final judgment in this matter and 

conclusion of any direct appeals, defense counsel shall destroy or cause to be destroyed all copies 

of covered information except as otherwise required to be maintained pursuant to document 

retention polices. Alternatively, counsel for the defendants may return the encrypted material to 

the FBI, who will dispose of it. 

7. The U.S. Attorney’s Office and the investigating agencies may maintain the 

evidence collected in the case in accordance with their file retention and destruction protocols. 

Respectfully submitted, 

JUAN ANTONIO GONZALEZ 

UNITED STATES ATTORNEY 

By: s/A. Marie Villafaña 

A. MARIE VILLAFAÑA 

Assistant United States Attorney 

Florida Bar No. 0018255 

500 South Australian Avenue, Suite 400 

West Palm Beach, FL 33401 

Telephone: 561 820-8711 

Facsimile: 561 820-8777 

ann.marie.c.villafana@usdoj.gov 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on September 19, 2022, I electronically filed the foregoing 

document with the Clerk of the Court using CM/ECF. According to the Court’s website, counsel 

for all parties are able to receive notice via the CM/ECF system. 

 s/A. Marie Villafaña 

A. MARIE VILLAFAÑA 

Assistant United States Attorney 

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