UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

UNITED STATES OF AMERICA

v.

ALVIN BROWN

DAVID PALM

No. 20 CR 224

 Judge Thomas M. Durkin

AGREED PROTECTIVE ORDER GOVERNING DISCOVERY

This matter coming before the Court, and the Court being fully advised and

pursuant to Fed. R. Crim. P. 16(d) and 18 U.S.C. § 3771 it is hereby ORDERED: 

1. Certain materials exchanged by the Parties, provided by the United 

States, or produced by third parties, in preparation for, or in connection with the 

proceedings in this case contain particularly sensitive information (“Sensitive 

Information”). Sensitive Information includes, but is not limited to: (1) nonparty 

names, phone numbers, addresses, dates of birth, driver’s license numbers, social 

security numbers, and other identifying information; (2) nonparty financial 

information; (3) nonparty wire and electronic communications; (4) statements by, and 

reports from interviews of, individuals who have been or are cooperating with the 

government’s investigation; and (5) any information that might disclose the identity 

of a cooperating individual.

2. All materials containing Sensitive Information (the “Materials”), 

including those previously produced to the defendant in this case, are subject to this 

protective order and may be used by defendant and defendant’s counsel (defined as 

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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 this Court.

3. Materials may not be disclosed to any persons other than defendant, 

counsel for defendant, and persons employed or consulted to assist the defense, 

without prior notice to the government and authorization from the Court. Absent 

prior permission from the Court, Materials shall not be included in any public filing 

with the Court, and instead shall be submitted under seal (except if the defendant 

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

directly to the defendant). 

4. Defendant, defendant’s counsel, and other persons to whom the Court 

may authorize disclosure, shall not copy or reproduce the Materials except in order 

to provide copies of the materials for use in connection with this case by defendant, 

defendant’s counsel, and authorized persons. Such copies and reproductions shall be 

treated in the same manner as the original materials.

5. Defendant, defendant’s 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.

6. Before providing the 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 

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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, and 

shall provide copies of the signed statement of each authorized person to the 

government upon request.

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 

defendant or defendant’s 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, defendant and/or defendant’s counsel shall return all 

such Material if in hard copy, and in the case of electronic Materials, shall certify in 

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

in which the Material was stored.

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9. 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.

10. 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:

Thomas M. Durkin

United States District Court

Northern District of Illinois

Date: 5/12/2020

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