(

)

SIXING LIU, : STIPULATED PROTECTIVE ORDER

a/k/a “Steve Liu” FOR TRIAL

This matter having come before the Court upon the joint

application of the parties, namely the government (Paul J.

Fishman, United States Attorney, counsel for the United States,

L. Judson Welle and Gurbir S. Grewal, Assistant U.S. Attorneys,

appearing), and the defendant, SIXING LIU, also known as “Steve

Liu” (James D. Tunick, Esq., counsel), for a protective order to

govern the evidence and exhibits anticipated at trial; and the

parties having represented to the Court that both the Government

and the defendant expect to use certain materials at trial that

may constitute “technical data,” as that term is defined in Title

22, Code of Federal Regulations, Section 120.10, “trade secrets,”

as that term is defined in Title 18, United States Code, Section

1839(3), as well as confidential and proprietary business

information; and the parties having previously entered into a

Stipulated Protective Order on May 31, 2011 for purposes of the

discovery in this case (the “Pretrial Protective Order”), and

having contemplated that a separate protective order for trial

would be necessary in the event of trial; and it appearing to the

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IT IS, on this

day of

2012, pursuant to

Title 18, United States Code, Section 1835, and hereby ORDERED

that the following provisions shall govern the handling of

evidence at trial and during the remainder of this proceeding:

1. The Pretrial Protective Order shall continue to apply

to the access and use of “Confidential Materials” in this case,

as defined in that Order. The procedures set forth in the

instant Trial Protective Order for the handling and use of

certain evidence and items during the course of the trial of this

matter are necessary “to preserve the confidentiality of trade

secrets,” as required under Title 18, United States Code, Section

1835 and to prevent the unauthorized dissemination of exportcontrolled technical data during the trial.

Scope: Trial Protected Material

2. This Protective Order For Trial shall apply to the

following items, hereinafter referred to as “Trial Protective

Material”:

a. Items containing information that is intended to be

kept secret and confidential or is a trade secret

within the meaning of Title 18, United States Code,

Section 1839(3).

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3. No later than fourteen days (14) before trial, counsel

for the Government and the defendant shall identify any trial

exhibits or evidence that may constitute Trial Protected

Material.

a, The list of identified Trial Protected Material

exhibits will be provided to the Court, courtroom

deputy clerk, and counsel.

b. Before trial, the parties shall meet and confer to

discuss other appropriate measures to preserve the confidentiality and prevent unwarranted disclosure of Trial Protected Material.

c, The Court will review the Trial Protected Material to resolve any issues that the parties are unable to resolve.

d. A copy of this Trial Protective Order shall be

maintained with the Trial Protected Materials while used for and during trial.

e. All persons given access to the Trial Protected

Materials shall keep such information secure inaccordance with the purposes and intent of this Order.

4. The designation or treatment of any material as Trial

Protected Material does not constitute a concession by a party or

an acknowled9ment or determination by the Court that the material

constitutes export-controlled technical data, trade secrets, or

confidential and proprietary business information. The

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technical data to foreign persons and entities.

Duty To Notify Concerning Presentation of Trade Secret Evidence

5. Counsel for the Government and defense have a duty to

notify the Court prior to the introduction of any Trial Protected

Material as evidence at trial, including but not limited to any

testimony or exhibits. The notification duty will allow the

Court and parties to ensure appropriate measures are in place to

protect the confidentiality of trade secrets during the

presentation of this evidence at trial.

Presentation of Trial Protected Material Evidence

6. When the jury is presented with exhibits containing

Trial Protected Material, only the jury, counsel, trial

paralegals and IT staff, the defendant, the Court, and the

courtroom deputy clerk (“Authorized Persons”) will be permitted

to view the exhibits. Exhibits or demonstratives containing

Trial Protected Material shall not be displayed to anyone other

than Authorized Persons. The party presenting the evidence shall

maintain custody of the exhibits during the trial.

7. This limited viewing is essential to preserve the

compelling interest of preserving the confidentiality of the

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fact-finders to consider relevant evidence. Without the minimal

restriction, there is a substantial probability that, in the

absence of closure, this compelling interest would be harmed.

This approach represents the most effective and narrowest means

to accomplish these objectives. No other alternatives are as

effective in protecting the confidentiality of the Trial

Protected Material in this case. Congress explicitly recognized

the importance of “preserv[ing] the confidentiality of trade

secrets,” by directing the Court to consider and adopt

appropriate measures. See Title 18, United States Code, Section

1835, Such protocols are also necessary and appropriate to avoid

the disclosure to foreign persons and entities of exportcontrolled technical data within the meaning of the Arms Export

Control Act, Title 18 U.S.C. § 2778, and 22 C.F,R. § 120, et.

seq.

8. The parties may redact trial exhibits which contain

Trial Protected Material. In order to preserve the record, any

unredacted versions shall be filed under seal.

Recesses

9. Trial Protected Material shall not be left unattended

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retain custody over the Trial Protected Materials in accordance

with the requirements of the Pretrial Protective Order.

Sealing

10. Any exhibits containing Trial Protected Material shall

be maintained under seal by the Clerk of the Court, unless

otherwise ordered by the Court.

Instructions

11. The parties may instruct witnesses not to disclose

Trial Protected Material during the course of their testimony

until and unless authorized by the Court.

12. During the trial, and at the conclusion of the case,

the jury will be instructed that they are not to disclose or

otherwise use Trial Protected Material which was presented during

the trial. During the trial, the jury will be instructed that

they are not to disclose or otherwise disseminate any evidence

that is presented during the course of the trial. All efforts

should be made to give any applicable instructions during the

trial in a fashion that will lead the jury to conclude that this

is a standard operating practice during any trial.

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14. Counsel shall have any other persons handling any Trial

Protected Material read the Protective Order For Trial and sign

the attached Acknowledgment, which shall be filed with the Court.

Return of Trial Protected Materials Upon Conclusion of the Case

15. After final judgment of this action or an appeal from

any judgment entered in this action is exhausted, and unless the

parties agree otherwise, any person to whom Trial Protected

Material has been disclosed pursuant to this Order shall, within

ten (10) days of receipt of a written request from the Government

or the defense:

a. assemble and make available for return all materials

and documents produced or revealed containing Trial Protected Material, as well as any copies thereof; and keep confidential, in accordance with this Agreement,

every portion of other materials, memoranda, or

documents purporting to reproduce or paraphrase Trial Protected Material produced or revealed; or

b. destroy all materials and documents produced or revealed containing Trial Protected Material, including, but not limited to, every portion of other materials, memoranda, or documnts purporting to reproduce or paraphrase Trial Protected Material; and keep such materials confidential, in accordance with

this Agreement, and

c, disclose the identity of any person to whom disclosure

of Trial Protected Material was made; and

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Trial shall be punishable by contempt of court or any otherlegally available sanction that the Court deems appropriate. All

parties to whom Trial Protected Material is disclosed inaccordance with this Stipulated Protective Order For Trial

consent to this Court’s jurisdiction for purposes of enforcingthis Order.

Further Relief

17. Nothing in this Stipulated Protective Order For Trial

shall be construed as restricting either party from seeking suchfurther relief as may be available under the Federal Rules of

Criminal Procedure or other applicable law.

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Dated: August 2012

I. Judson Welle

Assistant U.S. Attorney

.Greva1

Assistant U.S. Attorney

Dated: August ,2012

• STANLEY R. CHESLER

fjnited States District Judge

Dated.: ‘i

, 2012

SO ORDERED:
y 

g

, 

y 

cknowledge that I

have received a copy of the Stipulated Protective Order For Trial

issued in United States v. Liu, Crim. No, 11—208 (SRC), and that

I have read it, understand it, and agree to its terms. If

English is not my primary language, the Stipulated Protective

Order For Trial and this acknowledgment have been translated for

me. I further understand that by signing this Acknowledgment, I

subject myself to the jurisdiction of the United States District

Court for the District of New Jersey for purposes of enforcing

the terms of the Stipulated Protective Order For Trial and

punishing any violations thereof.

Name (Printed)

Signature

Address

Name of Translator

(if applicable)

Translator’ s Signature

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