STIPULATION AND [PROPOSED] DISCLOSURE 

& PROTECTIVE ORDER; CR 17-CR-00029-YGR 1 

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BRIAN J. STRETCH (CABN 163973) 

United States Attorney 

BARBARA J. VALLIERE (DCBN 439353) 

Chief, Criminal Division 

JOSE APOLINAR OLIVERA (CABN 279741) 

Assistant United States Attorney 

450 Golden Gate Avenue, Box 36055 

San Francisco, CA 94102-3495 

Telephone: (415) 436-6888 

Facsimile: (415) 436-7009 

Email: jose.olivera@usdoj.gov 

Attorneys for United States of America 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

ERIC OASE, 

 Defendant. 

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No. 4:17-CR-00029-YGR 

STIPULATION AND [PROPOSED] 

DISCLOSURE & PROTECTIVE ORDER 

The United States of America (the “Government”) and defendant Eric Oase submit this 

stipulation requesting that the Court authorize the Government to disclose certain taxpayer 

information and issue a protective order. The parties stipulate as follows: 

1. Defendant Eric Oase was charged by indictment on January 17, 2017, with 6 counts of 

filing false claims with the United States of America, in violation of 18 U.S.C. § 287. 

2. The Government has already provided Defendant with search warrant materials seized in 

connection with this case. The Government possesses additional discovery that it intends 

to provide to Defendant, including: 

a. Tax returns and other tax return information belonging to numerous individuals 

that were obtained from the IRS and others; and 
STIPULATION AND [PROPOSED] DISCLOSURE 

& PROTECTIVE ORDER; CR 17-CR-00029-YGR 2 

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b. Financial records and other records containing the personal identifying 

information (e.g., names, social security numbers, & dates of birth) of others. 

3. Disclosure of taxpayer returns and tax return information is governed by 26 U.S.C. 

§ 6103(a), which prohibits the disclosure of tax return information, except as authorized 

by § 6103. Section 6103(h)(4)(D) of Title 26 permits disclosure to the Defendant, by 

order of the court, of another’s tax return and taxpayer information as required under 

Rule 16 of the Federal Rules of Criminal Procedure and the Jencks Act, 18 U.S.C. 

§ 3500. The Government intends to provide defense counsel with taxpayer information 

because it may use such information in its case-in-chief and, as such, it is required to 

disclose it by law. Accordingly, a court order authorizing this information is necessary. 

4. The parties agree that the discovery described above along with any other discovery 

provided by the government containing the personal identifying information of others 

will be provided subject to the following conditions: 

a. Pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure and Title 

28, United States Code, Section 1651, unauthorized disclosure of discovery 

material and information contained therein to nonlitigants is prohibited under the 

following provisions (when the term “Defendant” is used, said term encompasses 

an attorney for the Defendant): 

i. The additional discovery remains the property of the Government and is 

being produced as required by Rule 16 and the Jencks Act in preparation 

for or in connection with any stage of the proceedings in this case. All 

such materials and all copies made thereof shall be returned to the United 

States Attorney’s Office unless otherwise ordered by the Court or agreed 

upon by the parties, at the occurrence of the last of the following: 

1. The completion of all appeals, habeas corpus proceedings, 

clemency or pardon proceedings, or other post-conviction 

proceedings; 

2. the conclusion of the sentencing hearing; or 
STIPULATION AND [PROPOSED] DISCLOSURE 

& PROTECTIVE ORDER; CR 17-CR-00029-YGR 3 

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3. the earlier resolution of charges against the Defendant. 

b. The additional discovery identified above may be used by the Defendant solely in 

connection with the defense of this case and for no other purpose and in 

connection with no other proceeding. 

c. Upon written request to the United States, by the Defendant, at or before the time 

of such return, all specified materials returned shall be segregated and preserved 

by the Government in connection with any further proceedings related to this 

case, which are specified in such request until such proceedings are concluded. 

d. The additional discovery described above, shall not be disclosed either directly or 

indirectly to any person or entity other than the Defendant, persons employed to 

assist in the defense or prosecution of this matter, or such other persons as to 

whom the Court may expressly authorize disclosure upon proper motion. 

e. The additional discovery described above will not be copied or reproduced except 

as necessary to provide copies of the material for use by an authorized person as 

described above to prepare and assist in the defense or prosecution of this matter, 

and all such copies and reproductions shall be treated in the same manner as the 

original matter. 

f. Before any disclosure to the Defendant of the discovery described above, 

defendant’s counsel shall personally inform the Defendant of the provisions of 

this order and direct him not to disclose any information contained in the 

Government’s discovery in violation of this order, and shall inform him that any 

unauthorized disclosure may be punished as contempt of court. 

g. The Defendant shall be responsible for controlling and accounting for all such 

material, copies, notes, and other records described above, and shall be 

responsible for assuring full compliance by himself and any person assisting in his 

defense with this order. Written certification of such compliance shall be made to 

the Court at the time discovery materials are returned to the United States. 
STIPULATION AND [PROPOSED] DISCLOSURE 

& PROTECTIVE ORDER; CR 17-CR-00029-YGR 4 

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h. The provisions above are not meant to limit use of information provided in 

discovery from being used in pretrial proceedings, investigation, motions and 

briefs, trial and other proceedings in this litigation, unless the discovery 

information is protected by another order protecting information received from a 

financial institution regulatory agency. 

WHEREFORE, in the best interests of the administration of justice and because of the 

importance of protecting tax return information and the personal identification information of others, 

the parties request that a protective order as described above be entered in this case and that the 

Court order the Government to disclose tax return information in this case pursuant to 26 U.S.C. § 

6103(h)(4)(D). 

BRIAN J. STRETCH 

United States Attorney 

Dated: April 25, 2017. s/ Jose A. Olivera 

JOSE A. OLIVERA 

Assistant United States Attorney 

Dated: April 25, 2017. s/ Jerome Matthews 

JEROME MATTHEWS 

Federal Public Defender 

Attorney for Defendant 

IT IS SO ORDERED. 

Dated: _____________________, 2017 

 

HON. YVONNE GONZALEZ ROGERS 

United States District Court Judge 

April 28