OMNIBUS MOTION TO UNSEAL SEARCH WARRANTS, PEN REGISTER AND TRAP AND TRACE ORDERS, AND 2703(D) ORDERS, FOR LIMITED USE IN DISCOVERY PRODUCTION

MIRANDA M. DU, District Judge.

COMES NOW the United States of America, by and through its attorneys, DANIEL G. BOGDEN, United States Attorney, District of Nevada, and Kimberly M. Frayn, Assistant United States Attorney, Las Vegas, Nevada, and represents to the Court that during the course of the last few years, the Court issued numerous Search Warrants, Pen Register and Trap and Trace Orders, and 2703(d) Orders, related to an investigation conducted by USSS and HSI, of members of the Carder.su Organization, concerning suspected violations of federal RICO, conspiracy, identity theft and access device fraud laws, among others.

Contemporaneously with the issuance of the search warrants, the Court placed the warrants, and affidavits in support of the search warrants, under seal until further order of the Court in order to protect the integrity of the ongoing investigation and the identity of the undercover agents and cooperating witnesses. Subsequently, the warrants were executed.

Contemporaneously with the issuance of the Pen Register and Trap and Trace Orders, the Court placed the orders, and applications in support of the Pen Register and Trap and Trace Orders, under seal until further order of the Court in order to protect the integrity of the ongoing investigation and the identity of the undercover agents and cooperating witnesses. Subsequently, the Pen Register and Trap and Trace Orders were executed.

Contemporaneously with the issuance of the 2703(d) Orders, the Court placed the orders, and applications in support of the 2703(d) Orders, under seal until further order of the Court in order to protect the integrity of the ongoing investigation and the identity of the undercover agents and cooperating witnesses. Subsequently, the 2703(d) Orders were executed.

On or about January 10, 2012, a federal grand jury sitting in the District of Nevada returned an indictment in case number 2:12-CR-0004-MMD-GWF. On or about March 13, 2012, that same grand jury returned indictments in case numbers 2:12-0083-MMD-GWF; and 2:12-0084-MMD-GWF. These cases have been joined for purposed of discovery issues and a defense discovery repository has been designated. Counsel for the named defendants in these three cases, by and through the defense discovery repository attorney, Karen Winckler, Esq., have requested discovery in connection with the criminal prosecutions in these cases. The Search Warrants, Pen Register and Trap and Trace Orders, and 2703(d) Orders and the supporting affidavits and applications are relevant to these three cases, and the United States Attorney's Office for the District of Nevada seeks permission to produce these documents to the defense discovery repository, subject to the terms set forth in the Protection Orders previously entered in these matters, for the limited purpose of assisting defense counsel in preparing for trial in case numbers 2:12-CR-0004-MMD-GWF; 2:12-0083-MMD-GWF; and 2:12-0084-MMD-GWF. Counsel for the defendants do not oppose this motion.

Specifically, the government requests an order unsealing for the limited purpose of discovery for the following Search Warrants and their supporting affidavits:

Specifically, the government requests an order unsealing for the limited purpose of discovery for the following the Pen Register and Trap and Trace Orders and their supporting applications:

Specifically, the government requests an order unsealing for the limited purpose of discovery for the following the 2703(d) Orders and the supporting applications:

WHEREFORE, the Government moves that this Court order the unsealing, subject to the terms set forth in the Protection Orders previously entered in these matters, and for the limited purpose of assisting defense counsel in preparing for trial, of the Search Warrants, Pen Register and and Trap and Trace Orders, and 2703(d) Orders and the affidavits and applications in support thereof in this matter so that the government can produce them in case numbers 2:12-CR-0004-MMD-GWF; 2:12-0083-MMD-GWF; and 2:12-0084-MMD-GWF.

IS SO ORDERED.