Case: 1:23-cr-00438 Document #: 19 Filed: 08/24/23 Page 1 of 4 PageID #:54
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`UNITED STATES OF AMERICA
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`v.
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`KENNETH JONES
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`No. 23 CR 438
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`Judge Elaine E. Bucklo
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`PROTECTIVE ORDER GOVERNING DISCOVERY
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`Upon the agreed motion of the government, pursuant to Fed. R. Crim. P. 16(d),
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`it is hereby ORDERED:
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`1.
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`Certain materials exchanged by the parties, provided by the United
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`States, or produced by third parties, in preparation for, or in connection with the
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`proceedings in this case contain particularly sensitive information (“Sensitive
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`Information”). Sensitive Information is defined as: (1) nonparty names, addresses,
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`dates of birth, driver’s license numbers, social security numbers, and other
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`identifying information; (2) nonparty financial information; (3) statements by, and
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`reports from interviews of witnesses who have been or are cooperating with the
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`government’s investigation; and (4) any information that might disclose the identity
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`of a cooperating individual.
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`2.
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`All materials containing Sensitive Information (the “materials”),
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`including those previously produced to the defendant in this case, are subject to this
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`protective order and may be used by defendant and defendant’s counsel and those
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`employed or consulted by the Federal Defender Program, solely in connection with
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`Case: 1:23-cr-00438 Document #: 19 Filed: 08/24/23 Page 2 of 4 PageID #:55
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`the defense of this case, and for no other purpose, and in connection with no other
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`proceeding, without further order of this Court.
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`3.
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`The Materials shall be plainly marked as sensitive by the government
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`prior to disclosure. No such Materials, or the information contained therein, may be
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`disclosed to any other persons other than defendant, counsel for defendant, persons
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`employed or consulted by the Federal Defender Program, the person to whom the
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`sensitive information solely and directly pertains, persons who are interviewed as
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`potential witnesses, counsel for potential witnesses, and other persons to whom the
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`Court may authorize disclosure (collectively, “authorized persons”) without prior
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`notice to the government and authorization from the Court. Potential witnesses and
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`their counsel may be shown copies of the Materials as necessary to prepare the
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`defense, but may not retain copies without prior permission of the Court.
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`4.
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`Defendant, defendant’s counsel, and other persons to whom the Court
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`may authorize disclosure, shall not copy or reproduce the Materials except in order
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`to provide copies of the materials for use in connection with this case by defendant,
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`defendant’s counsel, and authorized persons. Such copies and reproductions shall be
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`treated in the same manner as the original materials.
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`5.
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`Defendant, defendant’s counsel, and authorized persons shall not
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`disclose any notes or records of any kind that they make in relation to the contents of
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`the materials, other than to authorized persons, and all such notes or records are to
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`be treated in the same manner as the original Materials.
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`2
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`Case: 1:23-cr-00438 Document #: 19 Filed: 08/24/23 Page 3 of 4 PageID #:56
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`6.
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`Before providing the Materials to an authorized person, defense counsel
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`must provide the authorized person with a copy of this Order.
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`7.
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`Upon conclusion of all stages of this case, all of the Materials and all
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`copies made thereof shall be disposed of in one of three ways, unless otherwise
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`ordered by the Court. The materials may be (1) destroyed; (2) returned to the United
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`States; or (3) retained in defense counsel's case file. The Court may require a
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`certification as to the disposition of any such materials. In the event that the
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`materials are retained by defense counsel, the restrictions of this Order continue in
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`effect for as long as the materials are so maintained, and the materials may not be
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`disseminated or used in connection with any other matter without further order of
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`the Court.
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`8.
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`To the extent any material is produced by the United States to
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`defendant or defendant’s counsel by mistake, the United States shall have the right
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`to request the return of the Material and shall do so in writing. Within five days of
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`the receipt of such a request, defendant and/or defendant’s counsel shall return all
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`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
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`in which the Material was stored.
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`9.
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`The restrictions set forth in this Order do not apply to documents that
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`are or become part of the public court record, including documents that have been
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`received in evidence at other trials, nor do the restrictions in this Order limit defense
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`3
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`Case: 1:23-cr-00438 Document #: 19 Filed: 08/24/23 Page 4 of 4 PageID #:57
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`counsel in the use of discovery materials in judicial proceedings in this case, except
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`that any document filed by any party which attaches or otherwise discloses specially
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`identified sensitive information as described in Paragraph 1, above, shall be filed
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`under seal to the extent necessary to protect such information, absent prior
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`permission from this Court.
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`10. Nothing contained in this Order shall preclude any party from applying
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`to this Court for further relief or for modification of any provision hereof.
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`ENTER:
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`HEATHER K. McSHAIN
`Magistrate Court Judge
`United States District Court
`Northern District of Illinois
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`Date: August 24, 2023
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`4
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