Case: 1:23-cr-00054 Document #: 29 Filed: 02/14/23 Page 1 of 4 PageID #:88
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`
`
`No. 23 CR 54-2,3
`
`Judge Ronald A. Guzman
`
`UNITED STATES OF AMERICA
`
`
`v.
`
`
`CHRISTOPHER K. KAMON, and
`DAVID R. LIRA
`
`
`
`
`PROTECTIVE ORDER GOVERNING DISCOVERY
`
`Upon the agreed motion of the government, pursuant to Fed. R. Crim. P. 16(d),
`
`it is hereby ORDERED:1
`
`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
`
`employed to assist 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
`
`
`1 This Order applies only with respect to defendants Kamon and Lira because defendant
`Girardi has not yet appeared.
`
`
`
`
`
`Case: 1:23-cr-00054 Document #: 29 Filed: 02/14/23 Page 2 of 4 PageID #:89
`
`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.
`
`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 defendant, defendant’s counsel, and authorized
`
`persons. Such copies and reproductions shall be treated in the same manner as the
`
`original materials.
`
`4.
`
`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.
`
`5.
`
`Defendants and defendants’ counsel recognize that certain of the
`
`materials may contain communications subject to the attorney-client privilege
`
`arising from those clients’ representation by Girardi Keese. Defendants and
`
`defendants’ counsel acknowledge that, with the exception of the Client Victims (as
`
`defined in the indictment and who have waived attorney-client privilege regarding
`
`their communications with Girardi Keese), the production of those materials by the
`
`government to defendants and defendants’ counsel shall not be construed as a waiver
`
`of any such privilege.
`
`6.
`
`Before providing materials to an authorized person, defense counsel
`
`must provide the authorized person with a copy of this Order.
`
`
`
`2
`
`
`
`Case: 1:23-cr-00054 Document #: 29 Filed: 02/14/23 Page 3 of 4 PageID #:90
`
`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, each of 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.
`
`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.
`
`
`
`3
`
`
`
`Case: 1:23-cr-00054 Document #: 29 Filed: 02/14/23 Page 4 of 4 PageID #:91
`
`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:
`
`
`
`
`
`RONALD A. GUZMAN
`District Court Judge
`United States District Court
`Northern District of Illinois
`
`
`
`
`
`
`
`
`
`
`Date:
`
`
`
`
`
`
`
`
`
`
`4
`
` 2/14/2023
`
`
