UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

v.

MARCIN CIBOROWSKI,

also known as “Rafal Golaszewski,” 

“Seba,” and “Sebastian,”

MARIUSZ DANILUK,

also known as “Karol,” and

MATEUSZ DZIELSKI,

also known as “Mati”

No. 20 CR 216

Judge Matthew F. Kennelly

PROTECTIVE ORDER GOVERNING DISCOVERY

Upon the unopposed 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 materials provided by the United States in preparation for, or 

in connection with, any stage of the proceedings in this case (collectively, “the 

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 materials or 

their contents directly or indirectly to any person or entity other than persons 

assisting 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 

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may be shown copies of the materials as necessary to prepare the defense, but may 

not retain copies without prior permission of the Court.

3. Certain materials disclosed or to be disclosed by the government contain 

particularly sensitive information. These materials shall be plainly marked as 

sensitive by the government prior to disclosure. No such materials, or the information 

contained therein, may be disclosed to any persons other than defendants, counsel for 

defendants, persons employed to assist the defense, or the person to whom the 

sensitive information solely and directly pertains, without prior notice to the 

government and authorization from the Court. Absent prior permission from the 

Court, information marked as sensitive shall not be included in any public filing with 

the Court, and instead shall be submitted under seal (except in the case of a defendant 

who chooses to include in a public document sensitive information relating solely and 

directly to the defendant making the filing).

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

or reproduce the materials except in order to provide copies of the 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 materials.

5. 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 materials, other than to authorized persons, and all such notes or records are to 

be treated in the same manner as the original materials.

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6. Before providing materials to an authorized person, defense counsel 

must provide the authorized person with a copy of this Order and require the 

authorized person to sign a statement acknowledging that the authorized person has 

received a copy of and reviewed this Order, and has agreed to be bound by its terms 

and conditions subject to sanctioning by the Court for any violations of this Order. 

Defense counsel shall maintain a copy of the signed statement of each authorized 

person for a period of twelve months after the conclusion of all stages of this case.

7. Upon conclusion of all stages of this case, all of the materials and all 

copies made thereof shall be disposed of in one of three ways, unless otherwise 

ordered by the Court. The 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 materials. In the event that the 

materials are retained by defense counsel, the restrictions of this Order continue in 

effect for as long as the materials are so maintained, and the materials may not be 

disseminated or used in connection with any other matter without further order of 

the Court. 

8. To the extent any material is produced by the United States to 

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

to request the return of the 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 material if in hard copy, and in the case of electronic materials, shall certify in 

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writing that all copies of the specified material have been deleted from any location 

in which the material was stored.

9. Certain copies produced by the government may be marked “attorney’s

yes only” to the extent that they implicate the victims’ privacy interests. These 

documents may be reviewed by counsel for defendants, but not by defendants

themselves.

10. 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, except 

that any document filed by any party which attaches or otherwise discloses specially 

identified sensitive information as described in Paragraph 3, above, shall be filed 

under seal to the extent necessary to protect such information, absent prior 

permission from this Court.

11. 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: 12/4/2020

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