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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

 Plaintiff, 

 vs. 

Michael Lacey, et al., 

 Defendants. 

No. CR-18-00422-PHX-SMB 

ORDER 

Pursuant to Federal Rule of Criminal Procedure 16(d)(1) and 26 U.S.C. 

§ 6103(i)(4)(A), the United States’ motion, no objection from Defendants, and good cause 

appearing, 

IT IS HEREBY ORDERED that the United States’ Motion for Limited Disclosure 

of Tax Information and Motion for Protective Order is GRANTED. 

IT IS FURTHER ORDERED that the United States may disclose to defense counsel 

and Defendants return and return information obtained pursuant to 26 U.S.C. § 6103(i), in 

accordance with its discovery obligations. For purposes of this Order, “return” and “return 

information” shall be defined as set forth in 26 U.S.C. § 6103(b). 

IT IS FURTHER ORDERED that: 

1. The United States may disclose to defense counsel, without redaction, the 

private information and personally identifying information (collectively “PII”) to the extent 

that PII is present in discoverable materials. PII includes addresses, telephone numbers, 

dates of birth, and social security numbers. The United States may also disclose return and 

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return information (collectively “tax information”) pursuant to its discovery obligations. 

2. Defense counsel may share materials containing tax information and PII with 

members of the defense team, including experts, investigators, and other professionals 

retained by defense counsel to assist in the preparation of the defense. 

3. The defense team shall safeguard and shall not disclose the tax information 

and PII provided to them, other than to the extent necessary to prepare the defense. 

4. Defense counsel may share materials containing tax information and PII with 

Defendants to the extent necessary to prepare the defense. 

5. Defendants shall safeguard and shall not disclose the tax information and PII 

provided to them (except for Defendants’ own tax documents and those of entities in which 

they hold an interest). 

6. Defense counsel may review materials containing tax information and PII 

with potential witnesses to the extent necessary to prepare the defense. 

7. Potential witnesses shall not be allowed to retain any materials containing 

tax information or PII during the course of the litigation unless defense counsel ensures 

that all tax information and PII has been redacted from the copies to be retained. 

8. The defense team, including Defendants, shall destroy, at the conclusion of 

this matter, all tax information and PII in its possession, except that defense counsel shall 

be allowed to retain materials containing tax information and PII until the time expires for 

all appeals, collateral attacks, other writs or motions challenging the conviction or sentence, 

and actions for professional malpractice, and Defendants shall be permitted to retain their 

own tax information and the tax information of entities in which they hold an interest 

without limitation. 

 IT IS FURTHER ORDERED that excludable delay under 18 U.S.C. § 3161(h) 

____________ will commence on ____________________________ for a total of 

__________days. 

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