USA v. Stevenson et al

PROTECTIVE ORDER – 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF WASHINGTON

UNITED STATES OF AMERICA,

Plaintiff,

v.

WILSON PERSHING STEVENSON
III (1); and
BNL TECHNICAL SERVICES LLC
(2),

Defendants.

No. 4:23-CR-06014-MKD-1
4:23-CR-06014-MKD-2

PROTECTIVE ORDER

ECF No. 26

Before the Court is the United States’ Unopposed Motion for Protective
Order Regulating Disclosure of Discovery and Sensitive Information, ECF No. 26.
The United States represents that discovery materials produced in this case will
contain sensitive materials including confidential financial records and personally
identifying information of third parties. The United States represents that
Defendants do not oppose entry of the proposed Protective Order. The Court has
reviewed the record and the motion and finds good cause to grant the request.
Accordingly, IT IS HEREBY ORDERED:
FILED IN THE
U.S. DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
SEAN F. MCAVOY, CLERK
May 15, 2023
Case 4:23-cr-06014-SAB ECF No. 27 filed 05/15/23 PageID.<pageID> Page
1 of 8

PROTECTIVE ORDER – 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
1. The United States’ Unopposed Motion for Protective Order
Regulating Disclosure of Discovery and Sensitive Information, ECF No. 26, is
GRANTED.
2. Production of Sensitive Financial Information. The United States
is authorized to disclose certain financial information that includes private and
personally identifying information (herein “PII”), including but not limited to
Social Security Numbers, birth dates, and bank account numbers of third parties, to
Defendant, pursuant to its discovery obligations.
3. Production of Documents Regarding Loans Applied for,
prepared, and/or Received by Third Parties. The United States is authorized to
disclose, to the extent disclosure of such information is constitutionally required or
required by the Federal Rules of Criminal Procedure, confidential personal data,
including PII, of loan applicants who are third parties to this case.
4. The United States is authorized to disclose all of the foregoing
categories of documents, data, and information in unredacted form to counsel for
Defendants. Upon producing these documents to Defendants, the United States
shall designate them as “confidential” in the manner set forth below. Defendants’
counsel, their personnel, and other members of the defense team(s) may use these
documents, data, and information only for purposes of the litigation, and as set
forth below.
Case 4:23-cr-06014-SAB ECF No. 27 filed 05/15/23 PageID.<pageID> Page
2 of 8

PROTECTIVE ORDER – 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
5. Access to Confidential Information. The right to access the material
produced by the United States shall only include (1) attorneys representing
Defendants in this action; (2) experts whose review of that material is requested in
connection with the presentation of the United States’ or Defendants’ case; (3)
investigators, law clerks, paralegals, secretaries, and document service providers
employed by Defendants’ attorneys whose review of that material is requested in
connection with the preparation and presentation of Defendants’ case; (4)
Defendants; (5) attorneys and other agents of the United States involved in the
prosecution of the above-captioned case; and (6) the Court and its staff. Nothing in
this Order prohibits counsel from showing a document to a witness in the course of
preparing the witness. All parties shall minimize, to the greatest extent possible,
disclosure of the contents of documents governed by this Protective Order, and
shall disclose such information only to the extent necessary to the prosecution or
defense of this action, and only in a manner consistent with the terms of this
Protective Order. The right to access the material governed by this Protective
Order continues until final judgment has been upheld on direct appeal and
collateral review, or until such review is exhausted.
6. Reporting of Violations of Protective Order. Government
personnel and counsel for Defendants shall promptly report to the Court any
known violations of this Protective Order.
Case 4:23-cr-06014-SAB ECF No. 27 filed 05/15/23 PageID.<pageID> Page
3 of 8

PROTECTIVE ORDER – 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
7. Acknowledgements. If counsel for any Defendant, or if counsel for
the United States, engages the services of non-government experts, investigators,
or document service providers, whose review of documents is requested in
connection with the prosecution or defense of this case, such non-parties must sign
an acknowledgement of the Protective Order that (a) he/she has reviewed the
Protective Order; (b) he/she understands its contents; (c) he/she agrees to access
the documents only for the purposes of preparing for the case; and (d) he/she will
not distribute any copies of any documents subject to the Protective Order absent
further Order of the Court. Counsel for the United States and for Defendants shall
retain such signed acknowledgements until after final judgment has been upheld on
direct appeal and collateral review. All counsel of record shall keep a list of the
identity of each person to whom the materials governed by this Protective Order
are disclosed and who was advised of the requirements of this Protective Order.
Neither counsel for Defendant nor counsel for the United States shall be required
to disclose this list of persons unless ordered to do so by the Court.
8. Disposition of Confidential Information. All material subject to this
Protective Order, excluding all attorney work product of attorneys for Defendants,
must be either returned to the United States or destroyed upon its request after any
final judgment has been upheld on direct appeal and collateral review, or such
review is exhausted. Counsel for the United States may maintain one copy of any
Case 4:23-cr-06014-SAB ECF No. 27 filed 05/15/23 PageID.<pageID> Page
4 of 8

PROTECTIVE ORDER – 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
document in their case file and may maintain copies of any notes or summaries
based on such documents in their case file.
9. Filing and Use of Confidential Information. The parties shall not
file confidential documents, data, and information with, or submit them to, the
Court or reproduce their contents in any court filing unless the party files that
document under seal, or all confidential or personally-identifiable information has
been removed or otherwise appropriately redacted.
10. Designation of Material Subject to this Protective Order. To
designate “confidential” material covered by this Protective Order, the United
States shall so designate, on the material itself, in an accompanying cover letter, or
on a diskette cover, by using the following designation: “CONFIDENTIAL -
SUBJECT TO PROTECTIVE ORDER.”
11. Data Protections. All confidential materials shall be stored in
encrypted and/or password protected electronic media at all times.
12. Confidential Information in Open Court. The procedures for use
of designated confidential documents during any hearing or the trial of this matter
shall be determined by the parties and the Court in advance of the hearing or trial.
The parties shall consider redacting confidential documents to remove financial or
personal identifiers, request leave to submit such documents under seal, introduce
summary evidence where practicable which may be more easily redacted, and
Case 4:23-cr-06014-SAB ECF No. 27 filed 05/15/23 PageID.<pageID> Page
5 of 8

PROTECTIVE ORDER – 6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
assure that all Social Security numbers and other personal identifying information
associated with the names of individual persons or patients have been removed.
No party shall disclose designated confidential documents in open Court without
prior consideration by the Court.
13. Privileges are Maintained. Pursuant to Rule 502(d) of the Federal
Rules of Evidence, the disclosure of documents and information generated by the
Small Business Administration (SBA) in connection with the above-entitled case
does not constitute a waiver of the attorney-client privilege, the work-product
protection, trade secrets, or other applicable privilege or protection, in this or any
other federal or state proceeding. Moreover, the production of the SBA documents
does not constitute a waiver of the government’s deliberative process privilege.
Defendants and their counsel are, absent leave of this Court, barred from disclosing
to any third party any federal government document that has been disclosed by the
government in discovery in the above-captioned matter, except to the extent that
defense counsel needs to do so for preparation or use at trial or any other
proceeding in litigation of the above-captioned case, in a manner consistent with
the terms of this Protective Order. Unless disclosed in open court, no documents
used in this case will be considered to have been publicly disclosed by virtue of
their production in this case. The United States maintains its right to protect such
documents from any further requests for disclosure, consistent with the law.
Case 4:23-cr-06014-SAB ECF No. 27 filed 05/15/23 PageID.<pageID> Page
6 of 8

PROTECTIVE ORDER – 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
14. Modification Permitted. Nothing in this Order shall prevent any
party from seeking modification of this Protective Order or from objecting to
discovery that it believes to be otherwise improper.
15. No Ruling on Admissibility or Discoverability. This Protective
Order does not constitute a ruling on the question of whether any particular
material is properly discoverable or admissible.
16. Use by Executive Branch Agencies or Congressional Entities.
Nothing contained in this Protective Order shall prevent or in any way limit or
impair the right of the United States to disclose to any agency or department of the
United States, or any division of any such agency or department, or to a
Congressional entity, documents related to any potential violation of law or
regulation, or relating to any matter within that agency’s or entity’s jurisdiction,
nor shall anything in this Protective Order prevent or in any way limit or impair the
use of such documents by an agency or Congressional entity in any proceeding
relating to any potential violation of law or regulation, or relating to any matter
within that agency’s or entity’s jurisdiction, provided, however, that the agency or
Congressional entity shall maintain the confidentiality of the documents consistent
with the terms of this Protective Order.
17. No Waiver. The failure to initially designate any materials as
provided in paragraph 10 shall not constitute a waiver of a party’s assertion that the
Case 4:23-cr-06014-SAB ECF No. 27 filed 05/15/23 PageID.<pageID> Page
7 of 8

PROTECTIVE ORDER – 8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
materials are covered by this Protective Order. If a party wishes to assert that
materials produced not initially designated as confidential pursuant to this
Protective Order, it must notify the other party in writing and the other party shall
upon receipt of that written notice treat the materials as confidential under this
Protect Order thereafter.
IT IS SO ORDERED. The Clerk’s Office is directed to enter this Order and
provide copies to counsel.
DATED May 15, 2023.

s/Mary K. Dimke
MARY K. DIMKE
UNITED STATES DISTRICT JUDGE

Case 4:23-cr-06014-SAB ECF No. 27 filed 05/15/23 PageID.<pageID> Page
8 of 8