Case 3:20-cr-00260-SCC Document 21 Filed 08/27/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA,

v. Crim. No. 20 - 260 (SCC)

[1] NELSON DEL VALLE-COLON, ET.AL.

UNITED STATES OF AMERICA=S MOTION FOR A PROTECTIVE ORDER

TO THE HONORABLE COURT:

The United States of America, by and through the undersigned attorneys, states as

follows:

The Government is conducting its final review and organization of discovery in this

case. It includes bank records, personal credit information, and personal identifying

information. Much of this personal information includes social security numbers, dates of

birth, account numbers, and personal residential addresses. Since this indictment charges a

conspiracy, all defendants are equally entitled to all discovery. Due to the amount of

sensitive information contained throughout the discovery, the United States respectfully

submits that the redaction of all sensitive material would be extremely burdensome and likely

to result in the inadvertent disclosure of sensitive information.

Accordingly, the United States requests that a Protective Order be entered to govern

the disclosure of the above mentioned information. This will ensure that the United States

can comply with its Rule 16 discovery obligations while not running afoul of its secrecy

obligations. A proposed Protective Order is attached hereto for the Court=s review.
 Case 3:20-cr-00260-SCC Document 21 Filed 08/27/20 Page 2 of 2

UNITED STATES OF AMERICA=S MOTION REQUESTING PROTECTIVE ORDER

WHEREFORE, the United States of America respectfully requests that this

Honorable Court GRANT the instant request for a protective order.

RESPECTFULLY SUBMITTED.

In San Juan, Puerto Rico, this 27th day of August, 2020.

W. STEPHEN MULDROW
United States Attorney

s/Scott Anderson
Scott Anderson, G00214
Assistant United States Attorney
Torre Chardón, Suite 1201
350 Carlos Chardón Street
San Juan, PR 00918
Tel. (787) 766-5656

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 27th day of August, 2020, I electronically filed the

foregoing motion with the Clerk of the Court using the CM/ECF system, which will send

notification to all Counsels of Record.

s/Scott Anderson
Assistant United States Attorney

2
 Case 3:20-cr-00260-SCC Document 21-1 Filed 08/27/20 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA,

v. Crim. No. 20 - 260 (SCC)

[1] NELSON DEL VALLE-COLON, ET.

PROTECTIVE ORDER

To expedite the flow of discovery material between the parties, to facilitate the prompt

resolution of disputes over confidentiality, to adequately protect individually identifiable financial,

credit and other information entitled to be kept confidential, and to ensure that protection is

afforded only to material so entitled, it is, pursuant to the Court=s authority under Fed. R. Crim. P.

16(d), ORDERED THAT:

(1) Production of Financial, Credit or Other Information by the United States

That May Be Subject to the Privacy Act, Title 5, United States Code, Section

552a; Title 42, United States Code, Section 1306; or any other Privacy

Protections.

The United States may produce certain individually identifiable information to defendants

pursuant to defendants= discovery requests. The United States shall produce these documents to

the defendants unredacted, as they are pertinent to the case. Upon producing these documents to

the defendants, the United States shall designate them as Aconfidential@ in the manner set forth in

paragraph 2 below. The defendants, including their counsel and those persons assisting them,

may use these documents only for purposes of the litigation, and may disclose them to non-parties

only as needed to assist in this litigation. Should the defendants disagree with this designation,
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PROTECTIVE ORDER
United States v. [1] NELSON DEL VALLE-COLON, ET. AL..
Crim. No. 20 - 260 (SCC)
Page 2 of 4

they shall give written notice thereof to the United States identifying the documents that the

defendants contend are not properly designated as confidential. Should the United States continue

to believe the documents are properly designated as confidential, it shall have ten (10) days from

receipt of the defendants= notice to again file a petition for a protective order with the Court

demonstrating that there is good cause to designate the documents at issue as confidential. If a

timely petition for a protective order is filed, the documents at issue will be treated as confidential

until a final, non-appealable order has been entered or until the time to appeal an order has expired.

If no such petition is filed, the documents at issue will not be treated as confidential. If the

defendants accept the designation, or contest the designation but this Court concludes that the

documents should be treated as confidential, the defendants shall not file these documents with, or

submit them to, the Court or reproduce their content in any court filing unless the document or

filing is placed under seal or all information that would identify the subject of the document or

filing has been removed. Within ninety (90) days of the final conclusion of this litigation,

defendant shall return the documents designated Aconfidential@ and all copies, as well as all notes,

memoranda, summaries, or other documents containing information from the designated

Aconfidential@ documents, to counsel for the United States, or shall destroy them and certify in

writing to counsel for the United States that the documents have been destroyed.

(2) Designation of Material Subject to this Protective Order. To designate

Aconfidential@ material covered by this Protective Order, the United States shall so designate on

the material itself, or in an accompanying cover letter, by using the following designation:

CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE ORDER.

PROTECTIVE ORDER
United States v. [1] NELSON DEL VALLE-COLON, ET. AL..
Crim. No. 20 - 260 (SCC)
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(3) Confidential financial, credit or other information in Open Court.

The procedures for use of designated confidential documents during any hearing or 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 individual personal identifiers;

request the Court to submit such documents under seal; code the documents to substitute a

numerical or other designation for identifying information; request that any exhibit be placed under

seal; introduce summary evidence where practicable which may be more easily redacted; and

assure that all social security and identifying information numbers associated with the names of

individual defendants have been removed. No party shall disclose designated confidential

documents in open Court without prior consideration by the Court.

(4) Filing of Documents. The Clerk shall accept for filing under seal any documents

or filings so marked by the parties pursuant to the above paragraphs.

(5) 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 proper.

(6) No Waiver. The failure to designate any materials as provided in paragraph 2

shall not constitute a waiver of a party=s assertion that the materials are covered by this Protective

Order.

(7) No Ruling on Discoverability Nor Admissibility. This Protective Order does not

constitute a ruling on the question of whether any particular material is properly discoverable or

admissible and does not constitute any ruling on any potential objection to the discoverability of

any material.
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PROTECTIVE ORDER
United States v. [1] NELSON DEL VALLE-COLON, ET. AL..
Crim. No. 20 - 260 (SCC)
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(8) No Limit on Use of Own Documents. Nothing in this Protective Order will

prevent a party from using or disclosing its own documents, or from using or disclosing documents

and/or information received by the parties outside the course of discovery in this case.

(9) Requests By Third Parties. In the event of a request by a third party for

disclosure of designated confidential documents, the party originally producing the designated

confidential documents will be given as much notice as practicable prior to any disclosure of the

designated confidential documents to a third party who requests disclosure under any provision of

law.

(10) Disclosure to Agencies or Departments of the United States. 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, designated confidential documents relating to any potential violation

of law or regulation, or relating to any matter within that agency=s jurisdiction, nor shall anything

contained in this Protective Order prevent, or in any way limit or impair, the use of any such

designated confidential documents by an agency in any proceeding relating to any potential

violation of law or regulation, or relating to any matter within that agency=s jurisdiction; provided,

however, that the agency shall maintain the confidentiality of the designated confidential

documents consistent with the terms of this Protective Order.

IT IS SO ORDERED.

In San Juan, Puerto Rico, this ______ day of __________________, 2020.

__________________________________
Silvia L. Carreno-Coll
United States District Court Judge