United States v. Zuk

          Marina Zuk, Defendant, represented by Andrew DePue Allen, Morgan, Lewis and Bockius LLP & Martin Aaron Schainbaum, Martin A. Schainbaum, APlC.

          USA, Plaintiff, represented by Jose Apolinar Olivera, U.S. Attorney's Office.

          STIPULATION AND [PROPOSED] DISCLOSURE & PROTECTIVE ORDER

          THELTON HENDERSON, District Judge.

         The United States of America (the "Government"), and defendant Marina Zuk, hereby stipulate as follows:

1. Defendant Marina Zuk was charged by indictment on April 7, 2015, with three counts of making and subscribing a false tax return in violation of 26 U.S.C. § 7206(1).

2. The Government has provided Defendant with more than 7, 000 pages of discovery, the bulk of the discovery in this case. The Government possesses additional discovery related to an individual with the initials M.B. This additional discovery contains private financial information and confidential tax return and taxpayer return information within the meaning of Title 26, United States Code, Section 6103(b). Disclosure of such tax return and taxpayer return information is governed by Title 26, United States Code, Section 6103(a), which mandates that returns and return information shall be confidential, except as authorized by Section 6103.

3. Section 6103(h)(4)(D) of Title 26 permits disclosure to the Defendant, by order of the court, of another's tax return and taxpayer information as required under Rule 16 of the Federal Rules of Criminal Procedure and the Jencks Act, 18 U.S.C. § 3500.

4. The Government intends to provide defense counsel with private financial information and tax return and return information of M.B. that constitutes Rule 16 or Jencks Act discovery, which will likely be disclosed to Defendant.

5. The parties agree that the additional discovery regarding M.B. identified above will be provided subject to the following conditions:

a. Pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure and Title 28, United States Code, Section 1651, unauthorized disclosure of discovery material and information contained therein to nonlitigants is prohibited under the following provisions (when the term "Defendant" is used, said term encompasses an attorney for the Defendant):

i. The additional discovery regarding M.B. identified above, remains the property of the Government and is being produced as required by Rule 16 and the Jencks Act in preparation for or in connection with any stage of the proceedings in this case. All such materials and all copies made thereof shall be returned to the United States Attorney's Office, Tax Division, unless otherwise ordered by the Court or agreed upon by the parties, at the occurrence of the last of the following:

1. The completion of all appeals, habeas corpus proceedings, clemency or pardon proceedings, or other post-conviction proceedings;

2. the conclusion of the sentencing hearing; or

3. the earlier resolution of charges against the ...