UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

IN RE APPLICATION OF THE UNITED 

STATES OF AMERICA FOR AN ORDER 

AUTHORIZING THE INSTALLATION 

AND USE OF PEN REGISTERS AND 

TRAP AND TRACE DEVICES ON 

CELLULAR TELEPHONE NUMBER 

513-226-0831

Case No. 1:18-mj-282

 

Motion And Order Requesting Case To

Remain Sealed

Now comes the United States Attorney and moves this Court, pursuant to Rule 16(d)(1) of 

the Federal Rules of Criminal Procedure, and the Court’s inherent power to control papers filed 

with the Court, for an order requiring that all documents associated with the above-referenced case 

number, including this Motion and Order remain sealed until July 31, 2020 (pursuant to General 

Order 18-01) or until directed by this Court.

In support of this Motion, the United States Attorney states:

1. The case number referenced above relates to a complex investigation which

involves covert investigative steps such as search warrants for electronic evidence. The 

investigation involves numerous targets. The full scope and nature of the investigation is 

unknown to the public. The case captioned above contains detailed factual statements about parts 

of the investigation or targets that are unknown. Unsealing these documents would hamper the 

government’s ongoing grand jury investigation as detailed below.

2. There is an Information pending before this Court in United States v. Robert 

Stracke, case number 1:20-cr-006. On January 28, 2020, an Information and Plea Agreement was 

filed in this Court under seal and to date, this case remains sealed.

3. The documents in this case relates to an ongoing investigation into several unindicted co-conspirators that is neither public nor known to all of the targets of the investigation, 

and its disclosure may alert the targets to the ongoing investigation.

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4. Pursuant to Rule 12 of the Federal Rules of Criminal Procedure the proper time for 

moving to suppress evidence obtained pursuant to the Court order is subsequent to the filing of an 

Indictment or Information and arraignment thereon. Therefore, no prejudice would be caused to 

any defendant or potential defendant by the granting of this motion.

5. The disclosure of certain information and statements contained in said documents 

filed under this case number would alert the targets to the existence, nature and full scope of an 

ongoing, covert criminal investigation involving sensitive techniques, and could lead to the 

destruction of evidence or endanger confidential sources and/or undercover agents involved in the 

investigation. Furthermore, public knowledge of the facts of the case through reporting of the 

contents of these documents would hamper the government’s grand jury investigation, and would 

compromise agents’ ability to covertly investigate the schemes and targets involved in suspected 

criminal activities. Good cause thus exists to grant the government’s motion.

WHEREFORE, the United States of America respectfully requests that any documents 

related to the above case number, including this Motion and Order remain sealed until July 31, 

2020 or until directed by this Court.

Respectfully submitted,

DAVID M. DEVILLERS

United States Attorney

s/Karl P. Kadon III

KARL P. KADON III (0009324)

Assistant United States Attorney

221 East Fourth Street, Suite 400

Cincinnati, Ohio 45202

Office: (513) 684-3711

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Upon the Motion of the United States Attorney and for good cause shown, it is

ORDERED that all documents filed under the above-referenced case number, including 

this Motion and Order remain sealed until July 31, 2020, and the Clerk is instructed not to unseal 

said documents filed under the above-case number, including this Motion and Order, until further 

order of this Court, or until July 31, 2020, whichever comes first.

DATE UNITED STATES MAGISTRATE JUDGE

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