This taint team process is described in footnote 5 on page 6 as follows:
n5 Prior to executing the five search warrants on April 28, 2016, the government organized a filter team, also known as the taint team. (N.T. at 52-55). The filter team examined seized evidence to determine whether any of the seized materials were potentially privileged. (N.T. at 154). If the filter attorney determined the seized materials were privileged, these materials were returned to defense counsel, without the prosecution team ever reviewing them. (N.T. at 154-55).The case has a further wrinkle in that, prior to delivery to the taint team, two IRS agents involved in the execution of the search warrant had reviewed the notebook in question, marked "attorney-client privilege." One of the agents apparently was not involved in the investigation but simply assisting in the execution of the search warrant. The other agent was involved in the investigation but, upon review of the privileged material, was immediately re-assigned to the taint team so that his review would not infect the integrity of the investigation. The Court found that none of the privileged material was disclosed to the investigative team.
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