STIPULATION AND PROTECTIVE ORDER

KENDALL J. NEWMAN, Magistrate Judge.

WHEREAS, the parties desire to prevent the unauthorized disclosure or dissemination of certain sensitive but unclassified discovery materials to anyone not a party to the court proceedings in this matter, or to defendants SEQUIOYA D. HARRIS aka Sequioya D. Thomas, JOHN A. OWENS JR., DIONNE M. THOMAS, and JOSE E. RODRIGUEZ, JR. in this case as provided below;

WHEREAS, the sensitive but unclassified discovery materials at issue include information pertaining to various taxpayers in this case, including personal identifying information such as social security numbers, addresses, phone numbers, birthdates, and also including their tax and personal financial information;

WHEREAS, such sensitive but unclassified discovery materials shall be identified as sensitive and subject to a protective order at the time of disclosure, whether on the documents or other materials (e.g., CDs/DVDs) themselves or in an accompanying cover letter;

WHEREAS, the parties agree that entry of a stipulated protective order is appropriate, and that a private agreement is not appropriate in light of the nature of the information at issue and the charges in this case; and

WHEREAS, the defendants, SEQUIOYA D. HARRIS aka Sequioya D. Thomas, JOHN A. OWENS JR., DIONNE M. THOMAS, and JOSE E. RODRIGUEZ, JR., have counsel ("Defense Counsel") who wishes the opportunity to review the discovery;

Defendants SEQUIOYA D. HARRIS aka Sequioya D. Thomas, JOHN A. OWENS JR., DIONNE M. THOMAS, and JOSE E. RODRIGUEZ, JR., and plaintiff United States of America, by and through their undersigned counsel of record, hereby agree and stipulate as follows:

1. This Court may enter protective orders pursuant to Rule 16(d) of the Federal Rules of Criminal Procedure, its general supervisory authority, and Local Rule 141.1.

2. This Order pertains to all discovery provided to or made available to Defense Counsel that is specifically identified as sensitive because it contains personal financial information or personal identifying information as set forth in paragraph 8 below and subject to a protective order in this case (hereafter, collectively known as "the protected discovery").

3. Defense counsel shall not disclose any of the protected discovery to any person other than their respective defendant/client, witnesses that they are interviewing or preparing for trial, or attorneys, law clerks, paralegals, secretaries, experts, and investigators involved in the representation of the defendant in connection to this criminal case. If the defendants are being held in custody, Defense Counsel shall not leave any of the protected discovery with defendants at the jail or other institution where the defendants are being held.

4. The protected discovery and information therein may only be used in connection with the litigation of this case and for no other purpose. The protected discovery is now and will forever remain the property of the United States Government. Defense counsel will return the protected discovery or certify that it has been shredded at the conclusion of the case and defense counsel's document retention obligations.

5. In the event that the defendant obtains substitute counsel, undersigned defense counsel agrees to return all discovery provided under this order to government counsel, in order that the government may arrange for substituted counsel to sign the order and the reissuance of the discovery to new counsel.

6. Defense counsel will store the discovery in a secure place and will use reasonable care to ensure that it is not disclosed to third persons in violation of this agreement.

7. If defense counsel makes, or causes to be made, any further copies of any of the protected discovery, defense counsel will inscribe the following notation on each copy or incorporate onto electronic files (efiles): "U.S. Government Property; May Not Be Disseminated Without U.S. Government Permission."

8. If defense counsel releases custody of any of the protected discovery, or authorized copies thereof, to any person described in paragraph three, defense counsel shall provide such recipients with copies of this Order and advise that person that the protected discovery is the property of the United States Government, that the protected discovery and information therein may only be used in connection with the litigation of this case and for no other purpose, and that an unauthorized use of the discovery may constitute a violation of law and/or contempt of court. Defense counsel will not release custody of reports of witness statements, tax records, banking records, or other records containing the personal identifying information of individuals to any defendant or any other person who is not employed by defense counsel, with the exception that each counsel may release to his or her respective client that client's own tax records, banking records, and personal identifying information. This provision is intended to protect third party confidential and personal information from disclosure.

9. Defense counsel shall advise government counsel of any subpoenas, document requests or claims for access to the protected discovery by third parties in order that the government may take action to resist or comply with such demands as it may deem appropriate.

10. Defense counsel shall be responsible for advising his or her respective defendant, employees and other members of the defense team, and defense witnesses of the contents of this Stipulation/Order. Defense counsel shall not provide or make available to any person described in paragraph three the protected discovery until that individual agrees in writing to be bound by the contents of this Stipulation/Order.

11. Nothing in this stipulation and order shall preclude a party from seeking a more restrictive protective order or other court order with regard to particular discovery items.

IT IS SO STIPULATED.

ORDER

IT IS SO FOUND AND ORDERED.