BATFE attorney James Vann and that the USAO no longer considered itself involved in the matter of the disclosure discovery materials in this matter.
8. To date, Rowe has not received any communication from BATFEregarding its request for redacted versions of those documents surrendered tothe USAO.9. On February 15, 2012 the undersigned received from attorney Joe Wells
, attorney for Charles Erb, Jr.
(“Erb”) in the civil case,
certainmaterials upon which Delbert Knopp, an expert witness listed by Wells inthe civil case, had relied upon to formulate the expert opinions he intends tooffer in trial in that matter.10. Rowe noticed that these materials: (1) had been marked with Bates Stampnumbers; (2) appeared to have been gathered from discovery materialsfrom this case; and (3) contained confidential taxpayer information of Friesen, Erb, and other individuals unrelated to this action or the civilcase.11. Rowe surrendered these documents to the USAO as the
Protective Order Regarding Discovery
regardless of their source, any “materials provided by the United States
[during discovery] may be utilized by the defendant solely in connection
Counsel’s representation of said conversation with Mark Yancey is a paraphrasing of those representations made
by Mr. Yancey and is not meant to be a direct quotation, rather a summation of said conversation.
Case 5:08-cr-00041-L Document 173 Filed 03/02/12 Page 3 of 14