combined declarations & exhibits in support of motion for expedited discovery

EXHIBIT A

Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 1 of 2

EXHIBIT A

M A N A G I N G D I R E C T O R

BRYAN J. ROSE

Tel: 212.981.6549 Fax: 212.981.6545 [email protected] www.strozfriedberg.com

32 Avenue of the Americas, 4th Floor, New York, NY 10013

PROFESSIONAL EXPERIENCE STROZ FRIEDBERG, LLC Managing Director New York, NY 2005 to Present Supervise digital forensic, electronic discovery, and cyber-crime response cases in the firm’s New York City office. Supervise that office’s Digital Forensic Examiners. Oversee and work on an active case load of digital forensic, cyber-crime response, electronic discovery, and private investigations assignments. Give Continuing Legal Education lectures to law firms and government clients. Significant cases include:

• Oversaw the on-site preservation and harvesting in Mexico of sensitive and confidential electronic data from a server and scores of laptops, desktops, and removable storage devices for a multi-national corporation in a high-stakes civil litigation. Supervised on-site processing to facilitate attorney review and to protect the confidentiality of extremely sensitive client documents.

• Led incident response in a high-profile data breach and computer crime investigation. Helped determine the nature and scope of the attack and identify potentially-compromised customer data. Assisted inside and outside counsel in formulating responses to regulatory and other inquiries.

• Helped lead global electronic discovery consulting projects for two Fortune 10 companies. Assessed and catalogued the kinds and sources of electronic data maintained by those companies and consulted on the proper handling of that electronic data, including compliance with litigation holds and other retention obligations. Prepared litigation-response plans to coordinate consistent disclosures about electronic data in a litigation context and to ensure the proper preservation and production of electronic data in criminal, civil, and regulatory matters.

• Spearheaded a team of digital forensic examiners and private investigators that preserved and analyzed network security logs to identify the source, duration, and extent of an unauthorized access into corporate file servers and, armed with that forensic proof, obtained a confession from an ex-employee of the corporation.

• Provided consulting services to a Fortune 500 company whose confidential data had been lost by a third party due to the theft of a laptop. Reviewed the security procedures used to determine what confidential information had been on the stolen laptop, thereby providing the company with important assurances that it had taken reasonable and adequate steps to identify the lost confidential information.


BRYAN J. ROSE



• Supervised the examination and analysis of key emails in a high-profile criminal investigation that established that the crucial emails were authentic.

UNITED STATES ATTORNEY’S OFFICE, E.D.N.Y. Assistant United States Attorney Brooklyn, NY 2002 to 2005 Investigated, litigated, and handled appeals of complex criminal cases involving narcotics trafficking, money laundering, drug-related violence, racketeering, organized crime, and terrorism as a member of the General Crimes, Narcotics, and Violent Crimes & Terrorism Sections. Conducted numerous trials, ranging from one to six weeks in length. SOLICITOR GENERAL, OFFICE OF THE ILLINOIS ATTORNEY GENERAL Assistant Attorney General Chicago, IL 2000 to 2002 Handled appeals in complex civil cases involving constitutional law, statutory construction, government contracts, and tort liability. Briefed and argued numerous cases before both state and federal courts of appeals. THE HONORABLE JOEL M. FLAUM, CHIEF JUDGE, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Law Clerk Chicago, IL 1999 to 2000 Prepared memoranda and assisted in drafting opinions in civil and criminal matters briefed and argued before the United States Court of Appeals for the Seventh Circuit. EDUCATION UNIVERSITY OF VIRGINIA SCHOOL OF LAW J.D. 1999, with High Distinction Editor-in-Chief, Virginia Law Review Order of the Coif Hardy Cross Dillard Scholar Elected to The Raven Society INDIANA UNIVERSITY M.A. Religious Studies, 1996 Associate Instructor, Afro-American Studies Department B.A. History and Religious Studies, 1992, magna cum laude


BRYAN J. ROSE



PUBLICATIONS Fall 2001: Bryan J. Rose and Richard A. Merrill, FDA Regulation of Human Cloning: Usurpation or Statesmanship?, HARVARD JOURNAL OF LAW &

TECHNOLOGY. Fall 1999: Bryan J. Rose, Indian Land, Indian Religion, and the Religion Clauses, VIRGINIA JOURNAL OF SOCIAL POLICY & THE LAW. LECTURES April 29, 2011: Participated in a panel discussion entitled, “Detecting ‘Red Flag’ Accounting Issues and ‘Cooking the Books’ Problems in Corporate and Securities Deals” at Cadwalader, Wickersham & Taft LLP. September 23, 2010: Gave a lecture entitled, “Using Digital Forensics & Data From Social Networking Sites to Your Client’s Best Advantage: Legal, Business & Ethical Issues” for the New York City Bar. December 8, 2006: Participated in a panel discussion entitled, “Fundamentals of e-Discovery” for the New York State Bar Association. November 13, 2006: Gave a lecture entitled, “Identifying Relevant Electronic Data: Technical, Strategic & Legal Factors that Drive Effective Electronic Discovery” for the New York City Bar. October 17, 2006: Gave a lecture entitled, “Computer Forensics: Technology, Law & Strategy” for the New Jersey Security Association. October 12, 2006: Gave a lecture entitled, “Computer Forensics: Technology, Law & Strategy” for the Society of Investigators of Greater Newark. September 19, 2006: Gave a lecture entitled, “The Art of the Interview” for the New York City Bar.

EXHIBIT B

EXHIBIT B

tweak* the Harvard site agreeable adapt w/5 source code without internet talk w/5 phone revenue stream charg* alumni 29.95 urgent upperclassmen give me a call happy new year waiver exempt* additional ownership scan get this site online serious issue completely unfair huge penalty 50/50 creative control college junk mak* w/5 money happy birthday Best w/2 Mark boston w/2 Mark getting adjusters to pay resolve* premium quality make a move search code have it both ways extra work I suggest trust adapt* merchandiz* bragging rights nerve too busy for your trouble

EXHIBIT C

EXHIBIT C

[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected]

EXHIBIT D

EXHIBIT E

EXHIBIT F

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

- - - - - - - - - - - - - - - - - - - - - - - - - - - -

PAUL D. CEGLIA,

Plaintiff,

v.

MARK ELLIOT ZUCKERBERG

and FACEBOOK, INC.,

Defendants.

- - - - - - - - - - - - - - - - - - - - - - - - - - - -

I, Frank J. Romano, declare and state as follows:

1. I respectfully submit this Declaration in support of Defendants’ Motion for Ex-

pedited Discovery.

2. I am Professor Emeritus at the Rochester Institute of Technology (RIT) School

of Print Media. My career in the printing industry has spanned over 50 years. I

have worked with every known printing process and, in many cases, authored the

first articles and books on the subject.

A true and correct copy of my curriculum vitae is attached hereto as Exhibit A.

3. My 49 books cover every aspect of document origination, reproduction, and dis-

tribution. I am best known for my 10,000-term “Encyclopedia of Graphic Commu-

nications,” which has been called the standard reference in the field.

4. I have presented seminars, workshops, and lectures to virtually every associa-

tion, club, and organization in the industry at one time or another. Over the course

of an average year, I address several hundred attendees, mostly covering advanced

digital printing technology.

5. RIT is well-known for its workshops on “Printing Process Identification and

Image Analysis for Forensic Document Examiners” which explores the full range

of image, ink, and substrate variables that are key to determining the authenticity

of currency, stamps, passports, and other legal documents.

Civil Action No. 1:10-cv-00569-RJA

DECLARATION OF FRANK J.

ROMANO IN SUPPORT OF

DEFENDANTS’ MOTION FOR

EXPEDITED DISCOVERY

6. I have been involved and testified as an expert in numerous cases. Among those

cases involving document authentication, the most notable have been the 1990’s

case involving “Larry Potter” and a 2007 case involving lottery tickets (Oberthur

vs Scientific Games). I have also been on the History Detectives show where I au-

thenticated intaglio printing plates for Duke Ellington’s “Take the A Train.”

7. Documents degrade in quality with each re-copying or re-printing, and espe-

cially so as different printing technologies are used.

8. Originally, copiers were “light lens” copying machines. The original was placed

on a glass platen and a moving light source illuminated the original. The image of

the original was reflected through an optical lens to activate a photoconductive sur-

face which converted light energy (photons) into electrons forming an electronic

charge image to which toner could be attracted.

9. Around 1999, this type of copier technology was replaced by “multi-function”

machines that used a scanner instead of light and lens. A scanner/digital printer

uses digital technology that reduces all images to patterns of dots.

10. Moreover, scanned copies may be printed on either toner-based or inkjet-based

printers.

11. These differences in printing technology will affect the degree of degradation

that occurs with each re-copying or re-printing and may also indicate other docu-

ment anomalies.

12. However, any degradation is typically uniform within a document and one

would not expect to see a difference in page format, typeface, or typeface density

from page to page. In fact, it would be extremely unusual to see such differences

from page to page.

13. I have reviewed a purported “work for hire” contract, a copy of which is at-

tached hereto as Exhibit B. I have not reviewed the original ink-written document.

14. I observed numerous significant inconsistencies between Pages 1 and 2 of Ex-

hibit B. For example:

a. Formatting: The indents for each section that appear on Page 1 are formatted

differently than the indents for each section on Page 2. Specifically, the indents on

Page 1 are wider than the indents on Page 2 and uncommonly so. Moreover, sub-

EXHIBIT A

FRANK J. ROMANOProfessor Emeritus, RIT School of Print Media

Association memberships and activities

Committee for Graphic Arts Technical Standards, American National Standards Institute, ISOCo-chair, Committee 6, Task Force 2 on Variable Data Printing standards

Electronic Document Systems FoundationVice Chairman, Education, 1997-2005

Digital Printing Council and E-Commerce Council, Printing Industries of AmericaSteering Committee, Advisory Board

Museum of Printing, North Andover, MATrustee, President

Association of Graphic Arts ConsultantsVice President and Founder 1977-1978 President 1979–1980 Board of Directors 1980-1985

National Composition & Prepress Association, Section Printing Industries of AmericaTreasurer 1979-1980 Vice Chairman 1981-1982 Chairman 1983-1985 Board of Directors 1973-1989

International Typographic Composition Association (now TIA)Board of Directors 1978-1979 Executive Committee 1978-1979

International Association of Printing House CraftsmenBoston Chapter Board of Directors 1979-1981

QuarkXPress Users InternationalFounder 1991, Director of 4,000-member worldwide user group, 1989-1998

Printing Industries of America Electronic Pre-Press SectionSteering Committee, Board of Advisors, 1989-1999

Pennsylvania College of Technology, Williamsport, PAAdvisory Board, 1990-1993

Gamma Epsilon TauFaculty Avisor, 1994-2000

Accrediting Council for Collegiate Graphic CommunicationsFoundingMember, Director, Team Leader for Accrediting Visits(Accredits 4-year graphic arts programs)


Courses taught

California PolyTechnic Institute2007, 2011Winter QuarterTypographyDigital PrintingIndustry Trends

Stout State University, Menonomee, Wisconsin1973 Summer Masters program in printing education

Northeastern University, Boston, MassachusettsAdjunct Professor in Continuing Education Department1974–1990 Automated Typesetting and Publishing

Rochester Institute of TechnologyMelbert B. Cary, Jr. Professor 1992–1998Roger K. Fawcett Professor 1998–2005Professor Emeritus 2005-presentElectronic Publishing, Desktop Prepress, Digital Printing, and Digital Media


RIT educationaland other achievements

Developed 7 new courses over first five years at RITElectronic PublishingDigital andMultimedia ConceptsDigital PrintingDigital WorkflowDesktop PrepressAdvancedMultimedia for PublishingDigital Publishing Concepts

Established digital printing at RIT.

Developed some of the first multimedia courses at RIT.

Helped to establish the Digital Media Center.Principal author of committee report

Published 11 books with students over five years.

Helped to place over 190 students in career positions in industry.

Helped to establish the Digital Publishing Center.

Provided speaking opportunities for 40 students at industry events over six years.

Provided magazine writing opportunities for 21 students over six years.

Initiated and published the PrintRIT Journal.

Initited and authored Xerox consortium training programwhich has netted over $200,000.

1996-2000, co-taught courses once a year withProfessor Owen Butler in Sscool of PhotographyProfessor Roger Remmington in School of Design


Institute service

CIAS Curriculum Committee, 1999-2002Chair

SPMS Curriculum Committee, 1998-2002Chair

CIMS building committee, 1996-1997

CIMS Director Search Committee, 1996-1997

SPMS Director Search Committee, 1994

CIASMiltimedia Taskforce, 1994

Digital Media Center, 1995-1998Board

SPMS Recruitment Committee, 1993-1995

SPMS Fellowship Committee, 1997-2001Chair

SPMS Scholarship Committee, 1997-2001Chair


Seminars presented

Institute for Graphic Communication, now part of BIS Strategic Directions,1973 to 1990: Over 135 occasions, about half as Conference LeaderRepresentative subjects: Automated Pagination Systems, Productivity and the PrintingIndustry, New Developments in Printing Systems, Imaging Industries over the Next Decade,Interactive Integration of Text and Pictures, The Office of the Future, Trends in Printout,Document Processing in the Office of Tomorrow, Office Automation Systems, DemandPublishing, Electronic Art & Color Graphics

National Composition & Prepress Association 1972 to 1989: 88 occasions, most as ChairmanSubjects: Costing and Pricing, Front-End Systems, Managing a Small Typesetting Company,Automated Aesthetics, Word Processing Interfacing, Keynoter.

Printing Industries of America (and GACNA) 1974 to present:Representative subjects: Trends in Publishing, Typesetting for the Printer, Color Publishing.Graphic Arts Council of North America seminars at major printing exhibitions.

National Association of Printers and Lithographers 1975 to present: 20 occasions, including NationalSheetfed Printing Conference, TopManagement Conference

In-Plant Printing Management Association 1973 to present: 15 occasionsNational convention, Boston, Connecticut, New York, Minneapolis-St. Paul, Ohio chapters; aswell as national meetings.

Society for Technical Communication 1973, 1985, 1989, 1999

Association of Business Communicators 1973, 1982, 1988

Council for Advancement and Support of Education 1978, 1982, 1983, 1984, 1987, 1988

The Navigators Club, New York 1980

American Association of University Presses 1979, 1988

College and University Printing Managers Association of Canada 1978, 1980

Association Maitres-Imprimerie de Quebec 1976

Graphic Arts Industries Association (Canada) 1975

International Association of Printing House Craftsmen 1974 to present: 20 occasionsYork (PA) Club of Printing Craftsmen 1986, 1990

Canadian Book Council 1983

New Hampshire Graphic Arts Association 1980, 1982

Merrimack Valley Graphic Arts Association (Mass.) 1979

International Word Processing Association (now ASIP) 1978, 1982

International Typographic Composition Association (TIA)Over 40 occasions 1973-1986

Western Typographers Association 1973, 1974, 1975, 1976, 1977

National Newspaper Association 1985

Federal Publishers Committee 1985, 1988

Federal Office Automation Conference 1985, 1986

Typographers Association of New York 1972–1992: 398 occasionsRepresentative subjects: Basic Typography, Advanced Typography, Costing and Pricing, WordProcessing Interfacing, Plant Layout, Promotion for Typesetting Services. “Basic” course hastaught over 4,800 students. In December, 1992 presented my 20th annual end of year report.

International Association of Graphic Arts Educators 1977, 1979, 1988, 1990, 1997, 1998, 1999, 2004

International Thermography Association 1976

New York Composition Association 1975, 1976, 1978

Los Angeles Composition Association 1976, 1983

Printing Industries Association of Connecticut and Western Mass. 1979

Printing Industries of Illinois 1977, 2001

Printing Industries of New York State 1978, 1993, 1995, 2000, 2003

Printing Industries of New England 1998, 1999, 1999, 2000, 2008, 2009

New Jersey Graphic Arts Association 1979, 1986

New England Press Association 1979, 1988, 1991, 1992

Society for Publication Designers 1978

New York Association for Publication Production Managers 1978

Folio Book and Magazine Week 1977–1993, 1999, 2000Annual seminars on electronic publishing for magazine publishers at premiere conference

Folio Conferences in New Orleans, Chicago, Los Angeles, New York City, 1984–1993, 1999, 2000

International Association of Book Printers 1978, 1979

Magazine Publishers Association 1979

Graphic Communications Computer Association 1973, 1990

Engraved Stationery Manufacturers Association 1975

Conference Board of Major Printers 1976

American Printing History Association 1979, 2000, 2008

Printing Industries of Maryland 1978, 1985, 1994

International Prepress Association 1989, 1990, 1991, 1992, 1994, 1997, 1998

Graphic Communications Association Color Connections Seminar 1992

Vue/Point Pre-press Conference 1990, 1991, 1992, 1993, 1994, 1999, 2000

Research and Engineering Council 1992, 1995, 1999

Association of American Publishers 1979, 1982, 1988

Society of Photographic Scientists and Engineers 1978, 1984, 1988

TypeWorld-sponsored seminars 1978-1993: 98 occasions

Book Builders of Boston 1974, 1978, 1981, 1984, 1985, 1987, 2008

Society of Printers 1975, 2009

Rochester Institute of Technology T&E Seminars 1978, 1979, 1988, 1990, 1991, 1993, 1994, 1995–present

Boston Computer Society 1987, 1989

The Religion Publishing Group 1990

Graphic Arts Technical Foundation Color Seminars 1975, 1987, 1990, 1991, 1992, 1993, 1994, 1995, 1996,1999

Type Directors Club of New York 1976, 1981, 1989, 1991

Philadelphia Book Clinic 1985

Women in Production 1986, 1988

Seybold Publishing 1987-2005 (6 occasions as keynote speaker to audiences of over 2,000 people)

Association of College and University Printers 1988

Public Relations Society of America, Hartford Chapter 1987

Business Forms Association 1988

XPLOR AssociationGlobal Conference 1988, 1996, 1998, 1999, 2000, 2001 including keynotes to4,000 attendees

Label Printers of America 1999

Gartner Group Corporate Publishing Conference 1989

Binding Industries of America, 2000

New Jersey Typographers Association 1988, 1989

Network Northeastern 1988, 1989 First televised seminars to over 6,000 viewers in industry andeducation by Northeastern University

Graphic Communications 3 Conference Program 1988–1998. Organize, and present some of the 58seminar sessions attended by over 8,000 people

New England Newspaper Association pre-press seminars 1991, 1992

Graph Expo Seminar Program 1997-2009 Organize, and present some of the 60 seminar sessions

International Graphic Arts Educators Association, 1988, 1995, 1998, 2000

Conceppts, 1995 First broadcast usingMacintosh ISDN video link from RITWallace Library toaudience in Orlando, Fla.

Ukranian Printers Association 1982

Irish Trade Board 1979

Lectures in Australia, New Zealand, Thailand, Vietnam, India, Dubai, Indonesia, Croatia, Austria,Hungary, Denmark, Sweden, UK

. . . and many others


Awards

Print Champion Award, UK, 2010

Graphic Arts Marketing Information Service, PIA, Neil Richards Visionary Award, 1999

Digital Printing Hall of Fame, 1999

National Association of Printers and Lithographers, Leadership Award, 1995

Graphic Arts Technical Foundation Education Excellence Award, 1997

Water Soderstrom Society inductee, 1998

National Composition Association Distinguished Service Award, 1977Highest honor of the typographic industry; only awarded to 11 other recipients, one of whom was theinventor of photographic typesetting

Elmer Voigt Education Award, 1980

New York School of Graphic CommunicationsWall of Fame, 1992 (Plaque right next toGutenberg!)

Dwiggins Award (Bookbuilders of Boston), 1985 (25th recipient)

Friedman Award, 1990 (33rd recipient since 1938—also presented to Frederick Goudy in 1936)

LeoH. JoachimAward, 1992 Bestowed by 14 associations comprising PrintingWeek in NewYorkCity

Honorary Membership Gamma Epsilon Tau Honor Fraternity, Zeta Chapter, 1995

Honorary LifetimeMembership Digital Graphics Association, New York City, 1990

Graphic Arts Technical Association Educator of the Year, 1996

Phi Kappa Phi Honor Society, 1995

Letter of Commendation from U.S. Senator Gordon Humphrey (NH), 1985, on retirement asChairman of the National Composition Association

Many other certificates, plaques and awards for seminars, conferences and speeches


Books authored or co-authored

Handbook of Composition Input (American Press), 1973, 180 pagesHow to Build a Profitable Newspaper (North American Publishing), 1974, 170 pagesPhotocomposition and You (GAMA), 1974; 150 pagesAutomated Typesetting: The Basic Course (GAMA), 1974; 200 pages (also in French)Don’t Call It Cold Type (GAMA), 1977, 200 pagesPractical Typography (NCA), 1983, 300 pagesThe TypEncyclopedia (Bowker), 1984, 200 pagesMachineWriting & Typesetting (GAMA), 1986; 160 pagesDesktop Typography with QuarkXPress (TAB), 1988, 220 pages; 2nd Edition, 1992, 250 pagesThe Computer Did It (PW), 1992, 176 pagesQuarkXPress Slick Tips & Tricks (MPP), 1995, 160 pagesPocket Guide to Digital Prepress (Delmar), 1995, 344 pages (translated into Chinese)On-Demand Printing (GATF) with Howard Fenton, 1995, 200 pages, 2nd Edition 1995, 300 pagesDigital Media (MPP), 1996, 200 pagesComputer-To-Plate: Automating the Printing Industry (GATF) with Richard Adams, 1997, 240 pgsDelmar Dictionary of Digital Printing & Publishing (Delmar), 1997, 700 pages, 6,000 termsPDF Printing and Publishing (MPP and Agfa), 1997, 200 pages (translated into 6 languages)EncyclopediaofGraphicCommunications (GATF),withRichardRomano1998, 1,000pages, 10,000 termsQuarkXPress 4 Only (Prentice Hall), with Eike Lumma 1998, 400 pagesPersonalized and Database Printing (MPP), with David Broudy 1999, 320 pagesTimelines of History (GATF), 1998, 120 pagesPDF Printing andWorkflow (Prentice Hall), 1998, 400 pagesProfessional Prepress, Printing and Publishing (Prentice Hall), 1999, 670 pagesProfessional Digital Photography (Prentice Hall), with Bill Erikson 1999, 320 pagesInDesign InDetail (Prentice Hall), with David Broudy 1999, 500 pagesDesktop Follies (GAMA), 1999, 320 pagesComputer-To-Plate Primer (GATF), with Richard Adams 1999, 200 pagesDigital Printing Pocket Primer (Windsor), 2000, 320 pagesAcrobat PDFWorkflow InDetail (Prentice Hall), 2000, 500 pages2000 Yearbook, companion to Enclyclopedia of Graphic Communication (GATF), 2000, 200 pagesInkjet! (PIA), 2008, 200 pagesThe Future of Print (Gama), 2010, 120 pages

Editor of Pocket Primer Series, with books by RIT students Peter Muir, Ron Goldberg, and RicWithers


Articles

Electronic PublishingFounder, Monthly article 1994–present

Aldus MagazineAmerican PrinterDigital Prepress editor, 1973–1988, 1994–1997, “Golden Keys” award for series

Canadian Printer and PublisherPhototypesetting Editor, 1974 to 1991. Over 90 articles

Printing NewsOver 30 articles

Inplant PrinterBook and Magazine Production (now High Volume Printing)Folio (The Magazine for Magazine Management)Over 180 articles since 1975

The OfficeAdvertising AgeGraphic Arts BuyerMagazine Design & ProductionPublishing TradeHOWArt Product NewsElectronic Printing (Maclean Hunter Publishing)Founding Editor, 1986-1988. Monthly feature articles 1986–1988

Desktop CommunicationsThe Typographer

Founding editor, 1976–1978NCPP Journal

Founding editor, 1990–1991PrintRIT Journal

Founding editor, 1993–1996Digital Imaging

and many more individual articles in a variety of publications, national and international


Other publications

The Penrose Annual 1979, 1980

International Paper Pocket Pal 1979, 1983, 1985, 1986, 1988, 1989, 1992, 1994, 1998, 2000 editions

McGraw Hill Encyclopedia of Technology 1982, 1984, 1990, 1994 Sections on Type and Typesetting

Graphic Arts Manual 1980 Several sections on pre-press production

Eastman Kodak 1978, 1979, 1980 Booklets on typesetting

Printing Industry Trends Almanac 1981 Editor of PIA-sponsored publications

NAPL Blue Books 1979, 1981, 1982, 1984, 1988

Random House Dictionary 1983 Typographic Terms (with Michael Bruno)

Electronic Publishing & Printing 1985-1987 Executive Editor

Hammermill Guide to Desktop Publishing 1989

World Book Encyclopedia 1993, 1999, 2000 Re-wrote sections on Photocomposition, Printing

Encyclopaedia Brittanica 1994, Section on Typesetting

Encyclopaedia Brittanica 1996, 1997, 1998, 1999 Yearbook section on printing

NAPL Tech Trends Report,Quarterly 1997, 1998, 1999, 2000

Digital Printing Report for Digital Printing Council, PIA, monthly, 1993-2004

Print E-Business Report for E-Commerce Council, PIA,monthly, 2000-2004

EDSF Newsletter, Editor, 1998-present

Prining Scection, Encyclopedia of Journalism (Sage Publishing), 2010


Vendor-sponsored projects

1972-1973: Development of small systems specifications for Hendrix Electronics1972-1973: Word processing interface from Redactron to GSI typesetter1973-1975: Design of unique mnemonic keyboard layout for Itek1974: Marketing evaluations for Dymo Graphic Systems1974-1983: Marketing and technology analysis for Xerox1976: Marketing and technology analysis for Digital Equipment Corp.1977-1984: Marketing and technology analyses for IBM1979: Marketing and technology analysis for Bobst Graphic, Lausanne, Switzerland1989: Marketing and technology analysis on non-silver imagesetting film1992: Research on digital printing1993: Testing and market study for Xerox VerdePrint non-silver graphic arts film1994: Scanner market study for Janus1995: Marketing and technology analysis on direct imaging presses for Presstek1998-2000: Chair, NexPress advisory committee2008, 2010: Insight Reports for Canon Europe

Many other projects involving research and market analysis plus advisory board participation


Research reports

Personal Computer Composition & Publishing Software Markets, 1984

Datek Typographic Printers Report, 1985

IGC Demand Printing & PublishingMarkets & Opportunities Report, 1986Talk about being ahead of your time

IGC Electronic Art Report 1987

Short-Run Color Printing, 1990–1992

Digital Colour Printing for Sofina, Brussels-based investment organization, 2000

The Future of Print for Electronic Document Systems Foundation, 2000

Printing in the Age of theWeb and Beyond, 1999

Printing Industry Demographics, 2001, 2009

Numerous reports and analyses for venture capital and other financial organizations.


Consulting projects

1972 to present

Over 1,000 projects involving the analysis, selection, application, installation and operation of pre-media and electronic publishing systems for pre-media services, printers, publishers, newspapers,government, in-plant and corporate applications.

Representative list:

Hallmark Cards National Center for Health StatisticsPort Authority of NY&NJ Bureau of the CensusRJR Nabisco National Cancer InstituteNational Life of Vermont International Monetary Fund (3 occasions)Metropolitan Life Insurance Co. Centers for Disease ControlJohn Hancock Insurance Federal Prisons, Dept. of JusticeAetna Insurance Department of Energy, OSTIPrudential Insurance U.S. Congress (Congressional Record)Confederation Life (Canada) U.S. Geological SurveyHorticulture Magazine Office of Technology AssessmentF&W Publishing Government of Alberta, CanadaHP Publications U.S. Government Printing OfficeNational Enquirer Defense Mapping AgencyYankee Magazine CRR PublishingNew York Times Chicago TribuneHemmings Motor News Warner BooksFinancial World magazine Harlequin Books, TorontoNew York Teacher magazine McGraw-Hill PublicationsCommon Cause General ElectricVenture Magazine FourWinds TravelJournal Publications Waverly PressDennisonManufacturing Equity PublishingFidelity Investments GrayarcCIT Financial Monarch Marking SystemsE.F. Hutton Mead Data SystemsUniversity of Toronto Press J.S. Paluch PublishingWellesley College United Nations (3 occasions since 1980)Thomas Jefferson University Imperial PrintingUniversity of Chicago New England Business ServiceUniversity of NewHampshire U.S. Pharmacopeial Convention

University of Nebraska Florida Bar AssociationUniversity of Waterloo, Canada AmericanManagement AssociationUniversity of Vermont National Assn. College &Univ. Bus. OfficersNotre Dame University American Library AssociationSimplicity Pattern American Dental AssociationRous &Mann, Toronto Maclean Hunter Printing & Publishing, TorontoBlack & Decker FredMeyer Corp.Chemical Abstracts Service Ralston PurinaBoehringer-Manheim Educational Testing ServiceWisconsin Gas Pacific Gas & ElectricSafeguard Business Systems Ogilvey &MatherDoubleday Book Club J. Walter ThompsonBook Press Rorer PharmaceuticalsInternational Data Corporation Scientific AmericanMedical DivisionEncyclopaedia Britannica Little Brown PublishersAnalog Devices American GreetingsFirst USA M&T BankNational Academy of Sciences Association of American Advertising Agencies


Other

• City University of New York (Brooklyn College) BA, English, 1966

• Teaching Certificate, New York City Board of Education (High School English)

• U.S. Naval Air Reserve 1962–1970 Meritorious Service Ribbons. Honorable Discharge.Air intelligence office, aircrewman in S2F and P2V aircraft

• Highest-level security clearance for work with various governmental clients.

• In 1984, testified before a House of Representatives Sub-Committee investigating the effects ofvideo display terminals on operators, representing the interests of the typesetting and printingindustry through PIAGovernment Affairs.

• In 1988, member of the commission established by the Office of Technology Assessment, U.S.Congress, to participate in the study of Federal information dissemination, “Informing theNation.”

• In 1992, involved in the development of the electronic version of the Congressional Record andother non-print derivative publications.

• Expert testimony for Mead (Lexis-Nexis), Monotype, Victoria’s Secret (it had to do with type,honest), and Varityper, among others.


160+ quotes in various media mentioning Frank Romano and RIT affiliation:

1995 1996 1997 1998 1999 2000 2001 2002 2003Business and news mediaBarron’s xBoston Globe x x xBusiness Week x x x x xChicago Tribune x x xChristian Science Monitor x xDetroit Free Press x xFinancial Times x x xForbes x xNew York Times x x x xRochester Business Journal x x x xRochester Democrat & Chronicle x x x x x x xTimes of London x xUSAToday x xWall Street Journal x xOther U.S. newspapers x x x x x x xAssociated Press x xGenerates quotes in 40+ papers

Graphic arts trade pressAmerican Printer x x x xCanadian Printer x x x x xDeutsche Drucker (Germany) x x xElectronic Publishing x x x x x x x x xGraphic Arts Monthly x x x xPrintingWeek (Great Britain) x x x xOther trade publications x x x x x x x x x

Publications inAustralia x x xBelgium x x xCanada x x x x xChina xEgypt x xIceland xItaly xJapan x x xRussia x x x x

1992 1993 1994 1995 1996 1997 1998 1999 2000

Radio and TVRochester ABC, CBS, NBC affiliates x x x x x xRochester radio x x x x x x xNational Public Radio x x

Association publicationsAmerican Banking Association xInternational Prepress Association x x x x xNAPL x x x x x xPIA x x x x xXPLOR x x xOther associations x x x x x x x x

Supplier publicationsAgfa x x xCreo xHeidelberg x xMohawk Paper xPresstek x xScitex xStora-Enso xXerox x

EXHIBIT B

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

PAUL D. CEGLIA,

Plaintiff,

v.

MARK ELLIOT ZUCKERBERG and FACEBOOK, INC.,

Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

x ::::::::::x

Civil Action No. 1:10-cv-00569-RJA DECLARATION OF DONALD R. HENNE IN SUPPORT OF DEFENDANTS’ MOTION FOR EXPEDITED DISCOVERY

I, DONALD R. HENNE, declare and state as follows:

1. I respectfully submit this declaration in support of Defendants’ Motion for

Expedited Discovery.

2. I am currently employed by Kroll Associates, Inc. (“Kroll”) as an Associate

Managing Director. Kroll offers premier business intelligence and investigation services. I have

been employed by Kroll since July 2005. Prior to being employed by Kroll, I was a Lieutenant

Commander and officer in the New York City Police Department for 20 years.

3. In September 2010, Kroll was engaged to conduct a background investigation of

the plaintiff in this litigation, Paul D. Ceglia (“Ceglia”). The objective of the investigation was

to identify material legal proceedings, significant business or personal controversies, and other

issues that might reflect on Ceglia’s reputation, character and credibility. I have been a member

of the team conducting the investigation since its inception and have personal knowledge of the

matters stated in this Declaration.

4. As is standard practice, we first reviewed a variety of public records in relevant

jurisdictions. Kroll conducted on-site research of public-record sources in various locations. In

addition, Kroll conducted nationwide online searches of public records using commercial

databases.

Consumer Fraud Related to Allegany Pellets, LLC

5. I have reviewed public records, which were identified by another Kroll

investigator, pertaining to the New York State Attorney General’s lawsuit against Ceglia, his

wife Iasia, and their business Allegany Pellets, LLC. True and correct copies of those records

are attached hereto as Exhibit A.

6. According to the records attached as Exhibit A, on December 29, 2009, the

Attorney General obtained a temporary restraining order against the Ceglias and Allegany

Pellets, LLC, for defrauding dozens of consumers out of approximately $200,000. The parties

resolved this matter pursuant to a Consent Order and Judgment, dated October 22, 2010,

pursuant to which the Ceglias and Allegany Pellets, LLC, agreed to make restitution of

$106,421.14 and to pay costs, fees, and penalties of $25,000.00.

7. In a press release announcing that his office had obtained a temporary restraining

order, then-Attorney General Andrew Cuomo stated that “[t]his company and its owners

repeatedly lied to consumers and continued to solicit new orders despite an inability to deliver

wood pellets that were bought and paid for months before the winter heating season began.” A

true and correct copy of this press release is attached hereto as Exhibit B.

8. Given this information, at my direction, another Kroll investigator determined that

Ceglia had been arrested and charged criminally in connection with this matter. Ceglia was

arrested on October 30, 2009, and subsequently charged by the Allegany County District

Attorney’s Office with one count of first-degree scheme to defraud and 12 counts of fourth-

degree grand larceny. Ceglia received an adjournment in contemplation of dismissal on one

count of grand larceny, which was reduced to petit larceny, a Class A misdemeanor.

Felony Drug Conviction in Texas

9. I have also reviewed public records, which were identified by another Kroll

investigator, pertaining to Ceglia’s arrest and conviction in Panola County, Texas. True and

correct certified copies of those records are attached hereto as Exhibit C.

10. According to the records attached as Exhibit C, Ceglia was arrested on March 26,

1997, and subsequently pled guilty to aggravated possession of a controlled substance, a first-

degree felony. Ceglia was in possession of more than 400 grams of psilocybin, including

dilutents. Psilocybin is a hallucinogenic compound found in certain mushrooms. Ceglia was

sentenced to ten years of probation and paid $15,000 of a $25,000 fine, $10,000 of which was

suspended.

Misdemeanor Trespass Conviction in Florida

11. I have reviewed public records, which were identified by another Kroll

investigator, pertaining to Ceglia’s arrest and conviction in Polk County, Florida. True and

correct certified, partially redacted copies of those records are attached hereto as Exhibit D.

12. According to the records attached as Exhibit D, Ceglia was arrested on May 1,

2005, and subsequently pled nolo contendere to Trespassing on Cultivated Land, a first-degree

misdemeanor. Ceglia was stopped in a private orange grove by a deputy sheriff who had been

advised of a trespassing problem in the area. Ceglia misinformed the officer that he had an

easement along the grove and was showing the property to two potential buyers from Miami.

The deputy sheriff’s field investigation confirmed that Ceglia did not have any easement, and the

property owner elected to press charges. Ceglia was ordered to pay a fine.

Ceglia’s Land Sales

13. As a result of this finding, Kroll investigators conducted a detailed search of

property records connected to Ceglia. I and other Kroll investigators learned that between 2005

and 2008, Ceglia sold a significant number of properties in New York and Florida.

14. Kroll investigators then identified and interviewed several of the individuals who

contracted to purchase land from Ceglia. Many interviewees provided documentation regarding

their interactions with Ceglia, including sales agreements, property deeds, eBay advertisements,

and e-mail with Ceglia and his associates.

15. Through my review of this information, I learned that Ceglia’s sale of land in

New York and Florida appears to have been a wide-ranging land scam involving

misrepresentation, “shill bidding” on eBay, falsification of government documents, and, in some

cases, outright theft.

Misrepresentation

16. In October 2010, I was informed by another Kroll investigator who spoke to a

victim who lives in Margate, Florida (“Victim-1”), that Victim-1 provided the following

information:

a. In March and April 2005, Victim-1 purchased two tracts of land located in

Polk County, Florida from Ceglia via an internet auction on eBay. The first property—which

was purchased in March 2005 with a winning bid of $10,300—was listed as “zoned as

residential” and “cleared and ready to build.” The second property—which was purchased in

April 2005 with a winning bid of $17,600—was advertised as “zoned as residential,” “close to

Disney,” and “roads not developed as of yet.” Ceglia also informed Victim-1 that he and his

attorneys were obtaining an easement and road access for the properties. True and correct copies

of these eBay advertisements are attached hereto as Exhibit E, which are partially redacted to

protect the privacy of Victim-1.

b. In or around 2006, Victim-1 received the tax bills for these properties and

realized he had been defrauded. In late 2006, Victim-1 contacted Polk County officials and

learned that each parcel was, in fact, unbuildable land not zoned for residential use. Although

Ceglia had told Victim-1 that his attorneys were working on obtaining an easement and road

access for the Florida properties, Polk County officials informed Victim-1 that the land was

essentially worthless, and the County was not considering providing an easement or road access

in the future.


victim who lives in Orlando, Florida (“Victim-2”), that Victim-2 provided the following

information:

a. In December 2005, Victim-2 purchased a tract of land located in Polk

County, Florida, advertised as “buildable” through an internet auction on eBay. The winning bid

for the tract was $17,100. Victim-2 paid Ceglia the purchase price in full. True and correct

copies of these eBay advertisements are attached hereto as Exhibit F, which are partially

redacted to protect the privacy of Victim-2.

b. After receiving the tax bill for the property, Victim-2 was alerted that the

value of the land was significantly less than the purchase price. As a result, Victim-2 contacted

Polk County officials and learned that the property was not zoned for residential use and

therefore was not buildable.

c. After learning of the property’s zoning restrictions, Victim-2 attempted to

dispute the sale with Ceglia; however, Ceglia once again represented that the property was

buildable, so long as Victim-2 obtained a “right of way.”

d. Victim-2 received subsequent documentation from County officials

reconfirming that this property could not be used for residential purposes.

Apparent “Shill Bidding” on eBay


victim who lives in Naples, Florida (“Victim-3”), that Victim-3 provided the following

information:

a. Victim-3 became aware of a tract of land located in Polk County, Florida

when she attempted to place a bid for it on eBay, but was not the high bidder in the auction. The

property was listed on eBay as “buildable”; the description even stated that “one could drive an

RV onto it.” In addition, the property was described as having an entranceway, and the listing

included a picture of the purported property and its supposed entranceway.

b. In or around May 2006, Victim-3 purchased the property from Ceglia for

$6,000 through a private sale. Victim-3 first attempted—and failed—to win the property on

eBay. Ceglia contacted Victim-3 to inform her that the high bidder backed out, and offered her

the opportunity to purchase the property in the amount of Victim-3’s last bid of $6,000, which

she accepted. Indeed, the winning bid was approximately $2,000 higher than Victim-3’s final

bid of $6,000.

c. After closing, Victim-3 learned from Polk County representatives that the

property was inaccessible because it had no public easement. Nor was the property buildable.


victim who lives in Spring Hill, Florida (“Victim-4”), that Victim-4 provided the following

information:

a. Victim-4 became aware of a tract of land located in Polk County, Florida

when he attempted to place a bid for it on eBay, but was not the high bidder in the auction.

Victim-4 was contacted by Ceglia after the auction closed. Ceglia informed Victim-4 that the

winning bidder had decided to back out of the transaction and offered Victim-4 the opportunity

to purchase the property according to his last bid price.

b. Victim-4, who was still interested in the property, decided to accept

Ceglia’s offer and purchased the land for his final bidding price of $12,500, in or around August

2006.

c. Prior to the sale’s closing, Victim-4 specifically asked Ceglia whether the

tract of land was buildable, to which Ceglia responded that if it was not, he would fully refund

the purchase price. Ceglia also advertised the property as measuring one full acre.

d. Subsequent to the sale, Victim-4 learned from Polk County officials that

he was not permitted to build on the land. He also was informed that the tract of land only

measures 0.75 acres, contrary to Ceglia’s representation.

Falsification of Government Documents


victim who lives in Miami, Florida (“Victim-5”), that Victim-5 provided the following

information:

a. In December 2005, Victim-5 purchased a parcel of land located in Polk

County, Florida from Ceglia via an internet auction on eBay. Ceglia advertised the land by

stating that an RV could be driven on it, a house could be built on it, electric could be installed

either by overhead or underground wiring, and a water well could also be installed on the land.

b. Victim-5 purchased the land with a winning auction bid of $47,000, and in

December 2005 made a $5,000 down payment via PayPal, with the remaining balance paid at

closing.

c. After the sale, Victim-5 met with Ceglia for dinner, where Ceglia

informed him that the property he purchased would increase in value once additional roads were

built and more houses were constructed in the area. Ceglia also stated that he would be moving

to the area himself.

d. In December 2006, Ceglia sent Victim-5 a Polk County document

representing that a building permit for the land could be obtained. The County document,

however, did not identify the tract at issue. A true and correct copy of the purported County

document obtained from Victim-5 is attached hereto as Exhibit G.

e. Approximately one year later, Victim-5 contacted Polk County

representatives, and learned that the property sold to him by Ceglia was virtually uninhabitable

due to zoning restrictions.


victim who lives in Miami, Florida (“Victim-6”), that Victim-6 provided the following

information:

a. In February 2005, Victim-6 purchased property from Ceglia via an online

internet auction on eBay, with a winning bid of $7,000. According to Victim-6, the property—

located in Polk County, Florida—was advertised by Ceglia as “buildable.”

b. Victim-6 met personally with Ceglia to transact the deal. At the time of

the closing in February 2005, Ceglia provided Victim-6 a Polk County document representing

that a building permit for a home could be obtained. The County document, however, did not

identify the tract at issue. This document was identical to the document that Ceglia provided to

Victim-5. A true and correct copy of the purported County document obtained from Victim-6 is

attached hereto as Exhibit H.

c. Subsequent to the sale and closing, Polk County officials informed

Victim-6 that his property was not buildable.

22. In October 2010, I was informed by another Kroll investigator who spoke to the

Director of the Polk County Land Development Division in Bartow, Florida (“Director”), who

provided the following information after inspecting a copy of the Polk County document that

Ceglia provided to Victim-5 and Victim-6:

a. The Director stated that the form is used for land verification purposes,

and can be obtained by calling the County Land Development Division. In fact, the Director

stated that people “call by the hundreds” to request this form, particularly to confirm the zoning

requirements for a specific parcel of land prior to buying the property.

b. In order to obtain the County document that Ceglia provided to Victim-5

and Victim-6, an individual would need to provide the parcel ID number along with the section,

township and range relating to the parcel.

c. Upon inspection of the document, the Director confirmed that the parcel

ID number was not reflected on the form. The Director stated that under no circumstances could

the form be issued without the parcel ID number, as the County official would not be able to

look up the requested parcel information without it.

d. The Director stated that without the parcel ID number, these designations

could apply to any parcel of land among hundreds of parcels in the area. Moreover, the Director

stated that the missing parcel number had to have been “whited out.”

e. Finally, the Director noted that the line at the bottom of Exhibits G and H,

which reads “A building permit for a home can be obtained” with no period, was likely doctored:

typically, that sentence reads “A building permit for a home can be obtained if,” followed by a

list of the requirements that would have to be met in order for a building permit to be obtained.

Outright Theft

23. I learned from another Kroll investigator that Victim-1 also provided the

following information about his purchase of land located in Allegany County, New York:

a. In October 2005, Ceglia purported to sell Victim-1 two tracts of land in

Allegany County, New York for $16,300 each. After making a $5,000 down payment for each

tract, Victim-1 agreed to pay the remaining balance on each tract through monthly payments that

were personally financed by Ceglia. Victim-1 made routine monthly mortgage payments to

Ceglia through August 2006.

b. At the time of the sale, Ceglia provided Victim-1 with an Agreement for

Deed for one of the lots. The Agreement, dated October 5, 2005, identified Victim-1 as the

buyer and Ceglia as the seller. Victim-1 also submitted to Ceglia signed documentation relating

to the second parcel, but Ceglia never returned it.

c. Victim-1 made monthly mortgage payments totaling $1,754.46 to Ceglia

on the two New York properties through August 2006.

d. Sometime in late 2006 or early 2007, Victim-1 still had not received a tax

bill for either Allegany County parcel. He contacted Allegany County officials, who informed

him that he was not listed as the owner of either parcel. Indeed, Victim-1 was not listed as the

owner of any land in the State of New York

e. In fact, on March 10, 2006, five months after Ceglia purported to sell these

tracts to Victim-1, Ceglia split one of the tracts purportedly already sold—the one in which

Victim-1 believed he held a valid Agreement for Deed—in two. As a result, that tract became

two separate parcels. Furthermore, Ceglia sold one of these two newly-created subdivided

parcels to another purchaser for approximately $30,000. Ceglia remains the documented owner

of the second subdivided parcel.

24. In October 2010, I was informed by another Kroll investigator who spoke to

victims who live in Hunt, New York (“Victims-7 and 8”), that Victims-7 and 8 provided the

following information:

a. In January 2007, Victims-7 and 8 identified land in Livingston County,

New York, offered for sale by Ceglia. The land was advertised publicly as “For Sale.”

b. Victims-7 and 8 purchased the land for $21,251.00, financing the purchase

price with Ceglia. The parties entered into a written Agreement for Deed for the property.

c. Victims-7 and 8 paid monthly installments of $257.82 to Ceglia for over a

year, totaling approximately $4,125.00.

d. In late 2007, Victims-7 and 8 were advised by the Livingston Country

Treasurer that taxes had not been paid on the parcel, which led Victims-7 and 8 to learn that

Ceglia had never been listed with the County as the owner.

e. Victim-7 reported the fraud to the Allegany County District Attorney’s

Office and the Allegany County Sheriff’s Office, but criminal charges were not brought. Victim-

EXHIBIT A

EXHIBIT B

ATTORNEY GENERAL CUOMO OBTAINS TEMPORARYRESTRAINING ORDER AGAINST WNY WOOD PELLET

COMPANY SUED FOR DEFRAUDING CONSUMERS

Company lied to customers and solicited new orders when unable to deliverproducts as promised

BUFFALO, N.Y. (December 29, 2009) - Attorney General Andrew M. Cuomo todayannounced his office has obtained a temporary restraining order against aWestern New York wood-pellet fuel company he sued for taking more than$200,000 from consumers and then failing to deliver any products or refunds.

Based on Cuomo’s lawsuit, Erie County Supreme Court Justice Sheila A. DiTulliotoday signed a temporary restraining order banning Allegany Pellets, LLC and itsowners, Paul and Iasia Ceglia of Wellsville, from accepting advance payments fromconsumers, destroying any business records or property, and transferring any oftheir assets.

Allegany Pellets and the Ceglias encouraged consumers to pre-order pellets inSpring 2009. The company took in approximately $200,000 in advance paymentsfrom dozens of consumers and promised to deliver 1,900 tons of wood pellets inthe subsequent months so that homeowners would be prepared for the 2009-2010 winter season. However, Allegany failed to deliver any of the pellets or issuerefunds.

“This company and its owners repeatedly lied to consumers and continued tosolicit new orders despite an inability to deliver wood pellets that were bought andpaid for months before the winter heating season began,” said Attorney GeneralCuomo. “My office is seeking restitution, penalties, and additional financialsafeguards to ensure this company cannot scam anyone in the future.”

The Attorney General’s investigation revealed that in September, Allegany Pelletssent a letter to customers who pre-paid for pellets informing them that it wouldnot deliver the products until the end of the year, well into the heating season. Theletter also stated that Allegany had incurred significant layoffs and askedconsumers to “dig deep” while the company attempted to make good on theirorders.

In reality, Paul and Iasia Ceglia were always the only employees of the company,and while consumers were asked to “dig deep,” the Ceglias were unwilling to dothe same. An investigation uncovered that the Ceglias have extensive real estateholdings including 75 acres of oceanfront property in Nova Scotia; 30 acres and70 rental properties in Wellsville; and their own residence on 2 acres in Wellsville.Rather than use some of the extensive properties as collateral to provide refundsto consumers, the Ceglias only offered the vague promise that, at some futuredate, they would deliver the pellets for which the customers had already paid.

Additionally, even after the letter detailing the company’s dire situation was sentout, Allegany Pellets continued to solicit pre-order sales and accept payments fromconsumers.

Cuomo’s lawsuit seeks restitution for the impacted consumers, as well as penaltiesand costs to the state. Additionally, the suit seeks to bar the Ceglias and Alleganyfrom operating in New York state unless they post a $200,000 performance bond.

The case is being handled by Assistant Attorney General James Morrissey underthe supervision of Assistant Attorney General-In-Charge of the Buffalo RegionalOffice Russell Ippolito and Deputy Attorney General for Regional Affairs J. DavidSampson.

© 2008 NEW YORK STATE ATTORNEY GENERAL. All rights reserved.Privacy Policy | Disclaimer

7/30/2010 ATTORNEY GENERAL CUOMO OBTAIN…

www.ag.ny.gov/…/dec29a_09.html 1/1

EXHIBIT C

EXHIBIT D

EXHIBIT E

EXHIBIT F

EXHIBIT G

EXHIBIT H

EXHIBIT I

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

PAUL D. CEGLIA,

Plaintiff,

v.

MARK ELLIOT ZUCKERBERG and FACEBOOK, INC.,

Defendants. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

x::::::::::x

Civil Action No. 1:10-cv-00569-RJA DECLARATION OF GERALD R. McMENAMIN IN SUPPORT OF DEFENDANTS’ MOTION FOR EXPEDITED DISCOVERY

I, Gerald R. McMenamin, declare as follows:

1. I respectfully submit this declaration in support of Defendants' Motion for Expedited Discovery: 2. I am Professor Emeritus of Linguistics and former Chair of the Department of Linguistics at California State University, Fresno. My academic and professional areas of specialization are the analysis of variation and style in spoken and written language. Attached to this Declaration as Exhibit A is my Curriculum Vitae. On past occasions, the last five years of which are set forth in my Curriculum Vitae, I have qualified as an expert witness in forensic linguistics and have testified in courts in the State of California and in other States and countries, as well as in Federal Courts, to render conclusions and opinions on stylistics and questioned authorship. 3. I was retained in this matter by GIBSON DUNN and was asked to determine, to the extent possible, the authorship of a series of QUESTIONED writings excerpted into an Amended Complaint in this matter, by performing a stylistic analysis of those QUESTIONED writings vis-à-vis KNOWN reference writings of Mr. Mark Zuckerberg.

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KNOWN writings used for comparison were various email writings of Mr. Zuckerberg exchanged with the Plaintiff and related parties during the time period as specified in the Amended Complaint, which totaled 35 emails. My task was to analyze the internal structure of all writings, with the objective of either excluding or identifying Mr. Zuckerberg as the writer of the QUESTIONED excerpts. 4. Opinion: It is probable that Mr. Zuckerberg is not the author of the QUESTIONED writings. 5. Forensic Stylistic Analysis: This is a case in which I have used stylistic analysis, or “stylistics", to reach a conclusion related to the authorship of questioned writings. Stylistics is the scientific study of patterns of variation in written language. The object of study is the language of a single individual, resulting in a description of his/her respective identifying linguistic characteristics. Literary stylistics studies works of literature whose authorship is in doubt. Stylistics is forensic when its purpose is to resolve a disputed question related to written language, such as that of the authorship question of this case. In cases of disputed authorship, the linguist analyzes and describes the style of documents known to be written by one or more given suspect authors and compares and contrasts their internal linguistic patterns to those of the questioned writing. The result of this analysis may be exclusion or inclusion of writings within a common canon of writings; or exclusion or identification of a suspect author; or inconclusive with respect to data that support neither of the latter outcomes.

6. This approach to author identification is based on two principles generally accepted, and well-documented in peer-reviewed contexts: author-specific linguistic patterns are present in unique combination in the style of every writer, and these

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underlying patterns can be empirically described and often measured by careful linguistic analysis, making author identification possible.

7. A language is at one and the same time owned by its whole group of speakers but uniquely used by individuals from that group. Why one writer chooses linguistic form A and another chooses form B has two possible causes: differences in what they individually know of the language, and differences in how each one uses the core of linguistic knowledge they have in common as speakers and writers of English. Individual differences in writing style are also very often due to an individual's choice of available alternatives within a large, shared common-pool of linguistic forms. At any given moment, a writer picks and chooses just those elements of language that will best communicate what he/she wants to say. The writer's "choice" of available alternate forms is often determined by external conditions and then becomes the unconscious result of habitually using one form instead of another. Individuality in writing style results from a given writer's own unique set of habitual linguistic choices. Identification and analysis of a writer’s choices, i.e., of his or her style markers, constitute stylistic analysis, which is well established as a generally accepted and peer- reviewed method of author identification in both literary and forensic contexts. 8. Method: QUESTIONED and KNOWN writings analyzed are the following:

Questioned Excerpts 11 Excerpts from Amended Complaint, attributed to Mr. Zuckerberg

Known-Zuckerberg Writings 35 Emails of Mr. Zuckerberg, as described above

9. I analyzed the language of the QUESTIONED writings and that of the

KNOWN-Zuckerberg writings to determine if the QUESTIONED writings are or are not

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consistent with Mr. Zuckerberg’s KNOWN writings.

10. In order to accomplish this assignment, I performed the following tasks: a. I examined the QUESTIONED writings and the KNOWN-Zuckerberg writings. b. I identified specific stylistic features of linguistic variation found in the respective QUESTIONED and KNOWN-Zuckerberg writings. 11. Findings: Stylistic features present in the QUESTIONED excerpts but absent in the KNOWN-Zuckerberg writings, as well as those present in both sets of writing include the following:

STYLE-MARKERS IN QUESTIONED AND KNOWN-ZUCKERBERG WRITINGS

1. Punctuation: APOSTROPHES 2. Punctuation: SUSPENSION POINTS 3. Spelling: BACKEND 4. Spelling: INTERNET 5. Spelling: CANNOT 6. Syntax: RUN-ON SENTENCES 7. Syntax: SINGLE-WORD SENTENCE OPENERS 8. Syntax: SENTENCE-INITIAL "SORRY" [similarity] 9. Syntax: DISTANT OR AMBIGUOUS PRONOUN-REFERENT10. Syntax: NO COMMA AFTER IF-CLAUSE 11. Discourse: MESSAGE-FINAL "THANKS!" [similarity]

12. Discussion: Details of all 11 style markers and their occurrences are presented in Exhibit B. There are two similarities (Nos. 8 and 11) and nine differences between the QUESTIONED writings and KNOWN-Zuckerberg writings, the differences demonstrating a compelling aggregate-array of distinct markers in the respective sets of writings. 13. It is important to note that no single marker of these nine differing features is

EXHIBIT A

Curriculum Vitae of GERALD R. MCMENAMIN Contacts: 297 W Trenton Ave, Clovis CA 93619; Tel: 559-322-1407; Cell: 559-765-8986; Email: [email protected] Education: 1997 1 wk Text Encoding Workshop Oxford University, Somerville College, Oxford, UK 1992 6 wks Linguistic Soc. of America Inst. University of California, Santa Cruz, CA 1980 Post Doc Cert. Clinical Linguistics University of California, Medical Center-NPI, Los Angeles 1978 PhD Linguistics El Colegio de México, México, DF 1974 2 yrs Linguistic Variation University of Pennsylvania, Philadelphia, PA 1972 MA Linguistics California State University, Fresno, CA 1968 BA Philosophy, English University of California, Irvine, CA 1966 BA English, Latin, Greek Salesian College, Newton, NJ Academic Awards: 2010-2011 Named Distinguished Alumnus of California State University, Fresno 2001-2002 The Claude C. Laval Award for Innovative Technology and Research 1998-1999 Named Outstanding Faculty Member in Linguistics at 1998 CSUF University Convocation 1979-1980 Postdoctoral Fellow, Clinical Linguistics, UCLA Medical Center 1974-1976 Doctoral Fellow, Sociolinguistics, University of Pennsylvania 1972-1974 Graduate Fellow, Organization of American States 1970-1972 Graduate Fellow, State of California Teaching Experience: 2008-Present Professor Emeritus, Linguistics California State University, Fresno 1980-2008 Professor, Linguistics California State University, Fresno 1993-1996 Department Chair, Linguistics California State University, Fresno 1976-1980 Lecturer, Spanish Linguistics University of California, Los Angeles 1974-1976 Lecturer, Spanish Linguistics University of Delaware, Newark 1972-1973 Professor, Spanish Linguistics Universidad Autónoma de Guadalajara, Jalisco, México Forensic Experience: Expert testimony in the Superior Courts of the counties of Alameda (CA), Fresno (CA), Kings (CA), Los Angeles (CA), Marin (CA), Oakland (MI), Orange (CA), Placer (CA), Riverside (CA), San Diego (CA), Santa Clara (CA), Ventura (CA), Deschutes (OR), Pima (AZ), El Paso (CO), and the State of Alaska (Anchorage); in U.S. District Courts (CA, FL, MT); in the California Administrative Law Courts (Sacramento); in the Supreme Court of the Philippines (Manila), in the Canton of Vaud (Lausanne), in the Court of Queen’s Bench (Saskatoon), and in the World Court (Paris). Opinions in over 600 cases since 1982. Extensive linguistic evidence on DVD accompanying the David Fincher 2007 film: Zodiac. Papers Presented at Professional Meetings: (1988-2011) 2011 Southwestern Association of Forensic Document Examiners, Phoenix 2010 American Academy of Forensic Sciences, Seattle (2 papers) 2009 Southwestern Association of Forensic Document Examiners, Los Angeles 2007 Southwestern Association of Forensic Document Examiners, Monterey 2006 American Academy of Forensic Sciences, Seattle 2005 Southwestern Association of Forensic Document Examiners, Palm Springs 2004 American Society of Questioned documents Examiners, Memphis 2004 American Academy of Forensic Sciences, Dallas 2003 Southwestern Association of Forensic Document Examiners, Anaheim 2002 American Society of Questioned Document Examiners, San Diego 2002 International Association of Identification, Las Vegas

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Presentations at Professional Meetings: (1988-2011) cont. 2002 California Association of Criminalists, San Francisco 2002 Southwestern Association of Forensic Document Examiners, San Diego 2001 Southwestern Association of Forensic Document Examiners, Monterey 2000 Georgetown University Roundtable on Language and Linguistics: Law, Washington, DC 2000 American Academy of Forensic Sciences, Reno 1999 Colloquium on Psychology, Linguistics, and Law, University of Nevada, Reno 1999 Southwestern Association of Forensic Document Examiners, Santa Fe 1999 International Association of Forensic Sciences, Los Angeles (UCLA) 1999 American Academy of Forensic Sciences, Orlando 1998 Southwestern Association of Forensic Document Examiners, Breckenridge 1998 Biennial Descubriendo la Lectura Institute and Collaborative Meeting, Tucson 1998 Annual West Coast Reading Recovery Institute, Sacramento 1998 American Academy of Forensic Sciences, San Francisco 1997 American Society of Questioned Document Examiners, Phoenix 1997 Southwestern Association of Forensic Document Examiners, Los Angeles 1996 Southwestern Association of Forensic Document Examiners, Tucson 1995 International Association of Identification, Costa Mesa 1995 California Association of Criminalists, Walnut Creek 1995 Southwestern Association of Forensic Document Examiners, San Diego 1994 Australasian Society of Forensic Document Examiners, Wellington (NZ) 1994 Southwestern Association of Forensic Document Examiners, Avalon 1993 Southwestern Association of Forensic Document Examiners, Albuquerque 1993 American Society of Questioned Document Examiners, Ottawa 1993 Southwestern Association of Forensic Document Examiners, San Francisco 1992 Southwestern Association of Forensic Document Examiners, Denver 1992 Southwestern Association of Forensic Document Examiners, San Diego 1991 Southwestern Association of Forensic Document Examiners, Las Vegas 1990 American Society of Questioned Document Examiners, San Jose 1990 Southwestern Association of Forensic Document Examiners, Salt Lake 1989 Southwestern Association of Forensic Document Examiners, Tucson 1988 Western Conference on Linguistics, Fresno 1988 American Society of Questioned Document Examiners, Denver 1988 Southwestern Association of Forensic Document Examiners, Reno 1988 California Association of Criminalists, Berkeley Publications: BOOKS AUTHORED: 2002 Forensic Linguistics: Advances in Forensic Stylistics, CRC Press, Boca Raton, http://www.crcpress.com/ 1999 The Structure Function and Acquisition of English, book with video tapes, LEP Uplink, Cal Poly Pomona 1993 Forensic Stylistics, Elsevier Science Publishers, Amsterdam. 1986 Acquiring English: An ESL Teacher's Guide for the Hmong Student, EDAC, CSULA, Los Angeles. 1979 A First Course in Spanish: Workbook and Recordings, Harper & Row. BOOKS EDITED: 2002 Perspectives in Linguistics: Papers in Honor of P.J. Mistry, ed. with Laury, Okamoto, Samiian, CB Press, New Delhi. 1994 Proceedings of the Western Conference on Linguistics, editor with S. Hargus and V. Samiian, CSU Fresno 1993 Papers in Honor of F.H. Brengelman, editor with J. Nevis and G. Thurgood, CSU Fresno. PEER-REVIEWED JOURNAL ARTICLES: 2011 “Forensic Linguistics,” in press, Forensic Communication, M. Motely, Ed., Hampton Press, NJ

3

PEER-REVIEWED JOURNAL ARTICLES: (cont.) 2010 “Forensic Stylistics,” Handbook of Forensic Linguistics, M. Coulthard and A. Johnson, Eds. Routledge, Oxford 2005 “Forensic Linguistics,” Encyclopedia of Linguistics, Vol. 1, P. Strazny, Ed.. New York, Routledge, Oxford 2004 “Disputed Authorship in U.S. Law,” Forensic Linguistics, 11:1:73-82. 2002 "Forensic Stylistics," C. Wecht (Ed.) Forensic Sciences, 2002 Supplement, New York, Bender 2002 "A Forensic Analysis of Indian English Writing Style," Perspectives in Linguistics: Papers in Honor of P.J. Mistry. 2001 "Style Markers in Authorship Studies," Forensic Linguistics, 8:2:93-97. 1994 "Forensic Stylistics," C. Wecht (ed.), Forensic Sciences, 1994 Supplement, New York, Bender. 1993 "Perceived vs. Intended Meaning in Written Language," with L. Lepkin, in WECOL Proceedings, Nevis et al., 87-92. 1992 "El estudio contemporáneo del bilingüismo," Orbis: Bulletin de Documentation Linguistique, Fall 1992 1984 "Language deficits in a bilingual child with cerebral cysticercosis," The Bilingual Review. 1979 "La geografía dialectal sociolingüística: un ejemplo andaluz," La Nueva Revista de Filología Hispánica. 1978 "Chicano bilingualism in the Imperial Valley," Proceedings of the SWALLOW VI Conference. 1975 "Languages in contact with the computer," Association for Literary and Linguistic Computing Bulletin. 1973 "Rapid code-switching among Chicano bilinguals," Orbis: Bulletin de Documentation Linguistique. 1973 "La psicolingüística," Boletín de la Universidad Autónoma de Guadalajara, junio. Membership in Professional Organizations: American Academy of Forensic Sciences International Association of Forensic Linguistics Southwestern Association of Forensic Document Examiners Courses Taught: English and Spanish language, Introductory Linguistics, Spanish and English Dialects, Spanish Phonetics and Phonology, Spanish Composition, Psycholinguistics, Spanish for Teachers, Applied Spanish Linguistics, History of Spanish, Bilingualism, Sociolinguistics, Field Methods, English for Teachers, Structure of English, Stylistics Cases in which I have provided trial testimony 1996-2010: Fahlman v. Lagosmarino Ventura County Superior Court Ventura, CA November 2010 Marriage of Isaacs Los Angeles County Superior Court Los Angeles, CA September 2010 Ghannam v. Ghannam Oakland County Circuit Court Pontiac, MI May 2009 Posnack Estate Los Angeles County Superior Court Los Angeles, CA Dec. 2006, Jan. 2007 Hargitt v. Morell Placer County Superior Court Auburn, CA January 2005 Sarkozi v. Tustin USD U.S. District Court, Central District of CA Los Angeles, CA June 2004 Prajogi v. Udem Los Angeles County Superior Court Los Angeles, CA November 2002 Neilsen v. Neilsen Riverside County Superior Court Riverside, CA September 2002 California v. Flinner San Diego County Grand Jury San Diego, CA Fall 2001 Kepic v. O’Bara San Bernardino County Superior Court Rancho Cucamonga, CA September 1999 Violet Houssien Estate Superior Court for the State of Alaska Anchorage, AK July 1999 Beard v. Wittern Alameda County Superior Court Pleasanton, CA July 1999 Villafranca v. Soukup Santa Clara County Superior Court San Jose, CA November 1998 Zakessian Estate Marin County Superior Court San Rafael, CA January 1997 California v. Armas Los Angeles County Superior Court Long Beach, CA December 1996 Regina v. Gurtler Court of Queens Bench Saskatoon, SK, Canada November 1996 Public Office: Twice-elected member of the Board of Trustees of the Fresno Unified School District: 63,000 students, 1985-1991

4

Community Service: Board member, Valley Performing Arts Council, 2005-2007 Board member, Kings River Conservancy, 2010-2012 Deputy Commissioner of Marriages, Office of the Fresno County Clerk, 2010-2014 Complete Court Testimony of Gerald R. McMenamin: Reported Appellate Decisions: In the Matter of the Estate of Violet Houssien, 3AN-98-59 P/R, Superior Court for the State of

Alaska, Anchorage, 1999. Decision: http://www.touchngo.com/sp/html/sp-5496.htm. (2)1 In the Matter of the Appeal by Amarjit (Jack) Saluja, 30082 and 94-16, 1994, California State

Personnel Board, 1994. Decision: www.spb.ca.gov/spblaw/pdsindx.htm. (2) Oregon v. Crescenzi, CA A90559, Court of Appeals of Oregon, 152 Ore. App. 567; 953 P.2d

433; 1998 Ore. App., 1998, Deschutes County Circuit Court. No. 94-CR-0258-ST, affirmed without opinion. (2) Regina v. Gurtler, 7134, Sask. C.A., Sask. D. Crim. 260; 10.35.00-08, 1998. (2) Federal Courts: Dewey v. Western Minerals and Wytana, CV 86-97-BLG-JFB, U. S. District Court, District of Montana, 1990. (1) Ilic v. Liquid Air, 92-199-CIV-ORL-22, U.S. District Court, Middle District of Florida, 1993. (1) Sarkozi v. Tustin USD, U.S. District Court, Central District of CA, Los Angeles, June 2004 (1) Superior Courts-Civil: Beard v. Wittern, V-014504-4, Superior Court of Alameda County, California, 1999. (2) Boyar v. Boyar, Superior Court of Los Angeles County, California, 1986. (1) Brisco v. VFE Corp, and Related Cross-Action, 272028-2, Superior Court of Fresno County, California, 1984. (3) DeAndrade v. Rodrigues, Tavares de Almeida, Lausanne, Vaud, l'enquête Lo. 4843/93, 1993 (1) Hargitt v. Morell, Placer County Superior Court, Auburn, CA, 2005 (2) Marriage of Isaacs, Superior Court of Los Angeles County, California, 2010. (1) In Re The Marriage of Kepic and O’Bara, RFL 35956, Superior Court of San Bernardino County, California, 1999. (1) Lagosmarino Fahlman v. Lagosmarino III, Ventura County Superior Court, California, 2010 (1) Estate of Merrill Miller v. Gunderson, Superior Court of Orange County, California, 1994. (1) Neilsen v. Neilsen, Riverside County Superior Court, Riverside, CA, 2002 (1) In Re Estate of Posnack, Los Angeles County Superior Court, Los Angeles, 2007 (1) Prajogi v. Udem, Los Angeles County Superior Court, Los Angeles, CA, 2002 (2) Villafranca v. Soukup, CV 751860, Superior Court of Santa Clara County, California, 1998. (1) In Re Estate of Sam Zakessian, 39269, Superior Court of Marin County, 1997. (2) Superior Courts-Criminal: Arizona v. Calo, CR 89-02973, Superior Court of Maricopa County, Arizona, 1991. (1) Arizona v. Muzakkir & Rasul, CR-29681, CR-29722, Superior Court of Pima County, 1990. (1) California v. Armas, NA 023430, Superior Court of Los Angeles County, California, 1996. (1) California v. Flinner, San Diego County Grand Jury, San Diego, CA, Fall 2001 (1) California v. Whitham, C 10514, Superior Court of Kings County, California, 1993. (1) Colorado v. Johnson, Superior Court of El Paso County, Colorado,1989. (1) Administrative Law Courts: Butte College v. Grant, California Office of Administrative Hearings, District 3, #228,

Sacramento, California, 1994. (1) 1Number of linguists testifying in each case appears in parenthesis at end of each citation.

EXHIBIT B

1EXHIBIT B

Style Markers in QUESTIONED vis-à-vis KNOWN-Zuckerberg

1. Punctuation: APOSTROPHES 2. Punctuation: SUSPENSION POINTS 3. Spelling: BACKEND 4. Spelling: INTERNET 5. Spelling: CANNOT 6. Syntax: RUN-ON SENTENCES 7. Syntax: SINGLE-WORD SENTENCE OPENERS 8. Syntax: SENTENCE-INITIAL "SORRY" [similarity] 9. Syntax: DISTANT OR AMBIGUOUS PRONOUN-REFERENT 10. Syntax: NO COMMA AFTER IF-CLAUSE 11. Discourse: MESSAGE-FINAL "THANKS!" [similarity]

1. Punctuation: APOSTROPHES Apostrophes indicating contraction and possession are sometimes absent in QUESTIONED, but always present in KNOWN-Zuckerberg. Questioned 010604Z doesnt 010604Z parents [parents'] 020604Z sites [site's = site is] 020604Z sites [site's = possessive] Known-Zuckerberg All apostrophes in contractions and possessives are present. 2. Punctuation: SUSPENSION POINTS Suspension points appear in threes and are spaced in QUESTIONED. Three suspension points appear in KNOWN-Zuckerberg but are never spaced between each other or away from words. Questioned 073003Z . . . I’ve been tweaking the search engine today 010104Zb I’ll just get this site online as quickly as I can ...” Known-Zuckerberg So let me know... (3x) boxes...there (3x)

23. Spelling: BACKEND The technical term "backend" is written as two words in QUESTIONED. "Backend" and its parallel "frontend" are always written as one word in KNOWN-Zuckerberg and appear as one word multiple times. Questioned 010104Z the back end of the site Known-Zuckerberg backend (6x) frontend (5x) 4. Spelling: INTERNET The word "internet" starts with a small-i in the QUESTIONED writing but with a capital-I in KNOWN-Zuckerberg. Questioned 090203Z internet Known-Zuckerberg Internet (2x with cap I) 5. Spelling: CANNOT The word "cannot" appears as two words in the QUESTIONED writing but appears multiple times as a single word in KNOWN-Zuckerberg. Questioned 020604Z can not [2 words] Known-Zuckerberg cannot [1 word] (6x) 6. Syntax: RUN-ON SENTENCES (2 sentences with no separating-punctuation) Run-on sentences constitute a strong and relatively frequent pattern in the QUESTIONED writings. The even more extensive sample of KNOWN-Zuckerberg writings does not demonstrate run-on sentences. Questioned 073003Z I’d like to --- Face Book], I think it will really help 090203Z I have been away --- internet, during that time I revised 010604Z you would be seriously violating --- by doing so, I have done 010604Z Please do not contact them --- issue, they would probably just 020204Z Paul, I have --- to discuss with you, according to --- I owe you 020404Z ‘thefacebook.com’ opened --- today, when you get a chance take a 020604Z Sorry it’s --- to respond, (sic) Now that --- live I feel I must 020604Z I don’t care about --- right now, I just want to see if people

3072204Z I still don’t have --- build our site, I understand that I Known-Zuckerberg No run-on sentences 7. Syntax: SINGLE-WORD SENTENCE OPENERS It has been shown that words introducing sentences (sentence openers) group as a habitually- used set for individual writers. The set of sentence openers present in the QUESTIONED writings is wholly distinct from that of the KNOWN-Zuckerberg writings. Questioned 090203Z Further, 090203Z Additionally, 010104Z Thus, 010604Z Again[,] 020204Z First[,] 020204Z Mostly though 040604Z Paul, Known-Zuckerberg Okay And Anyhow, (2x) Also, But But regardless, Then However, 8. Syntax: SENTENCE-INITIAL "SORRY" [similarity] Both the QUESTIONED and the KNOWN-Zuckerberg writings demonstrate sentence-initial apologies starting with "Sorry". Questioned 020604Z Sorry Known-Zuckerberg Sentence-initial "Sorry" in Known-Zuckerberg (4x) 9. Syntax: DISTANT OR AMBIGUOUS PRONOUN-REFERENT A pronoun2 will refer back to a noun1 previously used, as in, I painted the door1 because it2 needed attention. If there is more than one preceding noun, the pronoun will refer back to one of those, one which cannot be too far back, as in, I painted the door and my nails, and they needed attention. However, sentences like the latter or sentences with a too-distant noun- referent can result in awkward ambiguity: I painted the door and the table, which really needed attention. This type of problematic ambiguous or too-distant reference occurs in the QUESTIONED writings but not in the KNOWN-Zuckerberg writings.

4 Questioned 090203Z ... during that time I revised the business plan for the Harvard site. I would like to talk to you on the phone about it in detail. 090203Z As you mentioned last week, the issue we must resolve is how to produce a revenue stream from the users. My conclusion this past week is .... With this in mind, ... we could ... expand to other colleges. Further, since the plan involves more than one college, the name can’t have Harvard in it and [no pronoun] remains unresolved. 010104Z Thus, I am requesting a written waiver on your part exempting me from the obligation to give you additional ownership in the project that is outlined in our original contract. 020204Z First I want to say that I think that is completely unfair because I did so much extra work for you on your site that caused those delays .... Known-Zuckerberg [No too-distant pronoun referents in KNOWN-Zuckerberg] 10. Syntax: NO COMMA AFTER IF-CLAUSE A long if-clause is separated from its preceding or following main clause by a comma. Such a comma is absent in the QUESTIONED writings, but most often present in the KNOWN- Zuckerberg writings. Questioned 112203Z if you could send another $1000 for --- project _ it would allow 010104Z if there is any way you can --- funding _ I believe we will be 020604Z If I had the rest --- that extra work I did _ I wouldn’t even Known-Zuckerberg Comma present 13x before or after if-clause in KNOWN-Zuckerberg Comma absent 2x before or after if-clause in KNOWN-Zuckerberg 11. Discourse: MESSAGE-FINAL "THANKS!" [similarity] Both sets of writings contain an example of "Thanks!" used to conclude the writing. Questioned 073003Z Thanks! Known-Zuckerberg Thanks! (1x)

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

PAUL D. CEGLIA,

Plaintiff,

V.

MARK ELLIOT ZUCKERBERG and F ACEBOOK, INC.,

Defendants.

X

X

Civil Action No. 1: 10-cv-00569-RJA

DECLARATION OF MICHAEL F. MCGOWAN IN SUPPORT OF DEFENDANTS' MOTION FOR EXPEDITED DISCOVERY

I, Michael F. McGowan, declare and state as follows:

Introduction

1. Stroz Friedberg, LLC ("Stroz Friedberg") has been retained by~ Gibson, Dttnn &

Crutcher, LLP ("Gibson Dunn"), on behalf of its clients Mark Zuckerberg and Facebook, Inc.

("Facebook"), in the above-styled case to provide consulting and electronic discovery services

and to conduct digital forensic examinations of various media. This declaration is executed by

Michael F. McGowan, a Director of Digital Forensics at Stroz Friedberg. I have helped lead the

development of Stroz Friedberg's expertise in detecting backdating and forgeries of electronic

documents.

2. I have been informed by Gibson Dunn that Paul Ceglia claims to possess a

contract between himself and Mr. Zuckerberg regarding "The Face Book" that Mr. Ceglia

prepared and on his computer (the "Purported Contract"), as well as email messages

between Mr. and Mr. Zuckerberg the Book" (the

''Purported I also have that Mr. Zuckerberg and Facebook

Purported on li1

3. As set forth below, Stroz Friedberg has extensive experience and is a leading

expert in assessments as to whether electronic documents have been backdated, forged, or

altered. As explained below, to best make such assessments, Stroz Friedberg needs to inspect: (a)

all native electronic versions of the Purported Contract and the Purported Emails; and (b) every

available computer or piece of external media on which the electronic documents in question

were created, viewed, saved, or modified. As explained below, there can be substantial

information in the native electronic versions of the files in question that bear on their

authenticity. Producing printouts, Adobe Acrobat .pdf files, or other similar non-native copies of

the documents do not give a digital forensic examiner comparable access to the critical existing

evidence bearing on authenticity.

4. In addition, as explained below, evidence relating to authenticity can be extracted

from many locations on any computers on which the documents in question were created, saved,

viewed, or modified. These locations include the computer system, application, and security

logs; the unallocated space of the computers from which deleted files or file fragments may be

recovered; the portion of the hard drives that stores the dates and times that files were created,

last accessed, and modified; and the files that show what documents recently were accessed.

5. Accordingly, this declaration is in support of Gibson Dunn's motion for expedited

discovery requiring Mr. Ceglia to produce for forensic preservation and unfettered digital

forensic analysis: (a) all native electronic versions of the Purpmted Contract and the Purported

Emails; and (b) all computers and electronic media within Mr. Ceglia' s possession, custody, or

control, including the found at parents' on which Mr. Ceglia claims to

found the of Purported Emails on As

this

lS Purported

or

Qualifications in E-Forgery Matters

6. I have gained expertise through experience, research, and training in detecting e-

forgeries. I have conducted digital forensic examinations of multiple computers, external hard

drives, and other digital media in both routine cases and cases in which many millions of dollars

or people's freedom have hinged on the authenticity of proffered electronic documents. In many

cases, I have been able to find critical evidence that bore on the authenticity of the electronic

documents and, in a majority of the cases, that evidence has resolved the matter.

7. I am a Director of Digital Forensics at Stroz Friedberg. I co-manage Stroz

Friedberg's technical operations in the areas of digital forensics and cyber-crime response. I have

conducted hundreds of digital forensic examinations and data acquisitions from various media

types, including laptop and desktop computers, servers, and mobile devices. I also have been the

lead digital forensic examiner on most of the firm's significant e-forgery investigations. I have

provided trial and hearing testimony on a number of occasions and have been admitted as an

expert in digital forensics in federal and state court, including on behalf of the United States

Department of Justice in connection \Vith one of the Enron Task Force prosecutions. i\. copy of

my C. V. is attached to this declaration as Exhibit A.

8. On this matter. I worked under the direction and supervision of Eric M. Friedberg.

Mr. Friedberg is Co-President of Stroz Friedberg. He has participated in and supervised hundreds

of forensics examinations over his past eleven years with Stroz Friedberg, both in the

context and responses to cyber-crime. He has participated in and

on I was

contracts. He published an on

e-forgery. Prior to joining Stroz Friedberg, Mr. Friedberg was an Assistant United States

Attorney with the United States Attorney's Office for the Eastern District of New York from

1989 to 2000. Mr. Friedberg acted at various times as the Office's Chief of Narcotics and the

district's lead cyber-crime prosecutor. A copy of Mr. Friedberg's C.V. is attached to this

declaration as Exhibit B.

Conducting the Authenticity Analysis

A. Information Available from the Native Electronic Files

9. In an authenticity case, it is critically important for a digital forensic expert to

have available for examination more than the paper printouts or images (.pdf or .tiff files) of the

documents. A digital forensic examiner should have full access to every available version of the

"native" electronic files at issue, meaning the format in which the file was originally created. For

example, email stored by a user using Microsoft Outlook should be produced in Outlook format,

normally in a file called a ".pst file". As another example, Microsoft Word documents should be

produced as Word documents (.doc or .docx files). If a Word document has been rendered as a

.pdf file, then the \"lord version a11d the .pdf version should be produced.

10. Native electronic documents contain certain data about the creation and use of the

documents. This data is called "embedded metadata" and can include information about the date

the document was created, last accessed, modified, and printed; the author of the document; the

document; date an email was sent or modified; and name of the user who last opened

information. This data can be in authenticating a document, as this

can or

lL are

that on

an email, such as the sender of the email, the recipients of the email, the date and time the email

was sent or received, and the subject of the email. However, a digital forensic examination of an

email produced in native format can reveal other useful embedded metadata, such as the Internet

headers. When an email is transmitted across the Internet from the sender to the recipient, each

server that is used in the transmission affixes the date and time at which the email was received

by the server to the email's Internet headers metadata. Anomalies in the Internet headers can

readily reveal backdating and fraud. An analysis of email Internet headers, including the date and

time stamping, is critical in a case such as this where Mr. Ceglia is claiming that key emails were

exchanged over the Internet between him and Mr. Zuckerberg in or around 2003 and 2004.

12. Native files also can include other non-visible data that can bear on authenticity,

such as Track Changes information that reveal a document's editing history or recent deletions

from the document that can be forensically reconstructed. Such information is necessary to fully

understand the provenance and modification of documents and is among the typical artifacts

considered inane-forgery investigation. Such relevant embedded metadata often is stripped out

of a native docttment vvhen it is rendered into a ~tiff image or .pdf file., making production of the

native version critical.

B. Information Available from Computers and Electronic Media Generally

13. While some information relevant to authenticity can be extracted from individual

files, much more such information is available from an inspection of all the computers or

media on the stored. or modified.

from a a

event on

unallocated space of digital media, including a computer's hard drive, to name just a few

locations.

14. Even where documents were created on another computer, an inspection of

computers or digital media on which a person simply opened, viewed, or saved the documents

can provide significant information about the authenticity of those documents. This is because

the mere act of opening a document on a computer can create a cached version of that document

on the computer's hard drive. In e-forgery matters, I have sometimes found cached versions of a

document that are inconsistent with the proponent's view of the authenticity.

15. Full inspection of each computer is accomplished first by performing a digital

forensic copying (or imaging) of the computer's hard drive or hard drives and other digital media

used with that computer. This is an entirely passive process and does not change any of the data

on the drive or media. Digital forensic examiners perform their analyses from these digital

forensic images, not the originals. A typical imaging of a laptop or desktop computer, or an

external hard drive, takes between one and several hours. Once the digital forensic imaging

process is complete, the comptlters can be returned to the ov~;ners for rest!med usage.

16. For the reasons set forth above, it is critical to Stroz Friedberg's analysis of the

authenticity of the Purported Contract and the Purported Emails that Stroz Friedberg create: (a)

forensically-sound copies of all native electronic versions of the Pmported Contract and the

Purported Emails; and (b) forensically-sound copies of all computers and electronic media

Mr. Ceglia's custody, or \..AJIHH.Jl including computers at his parents'

on to on he now

A Possible Protocol for Digital Forensic Analysis

17. Typically, when the proponent of the authenticity of a document, such as Mr.

Ceglia, is producing his computers and electronic media for inspection, Stroz Friedberg utilizes a

protocol to protect private or privileged information. That protocol allows the digital forensic

examiner to look at and rely on any information on the computers in conducting his or her

authenticity examination. However, to protect private or privileged materials, the descriptions of

such files or text should be redacted or masked in Stroz Friedberg's report. To accomplish this,

in advance of writing the report or communicating with its client, Stroz Friedberg tenders to

counsel for the owner of the computers ("Opposing Counsel") all file names, strings, fragments,

and text that it intends to rely on in its report on authenticity. Opposing Counsel then can

interpose an objection if any such file names, strings, fragments, or text from the computers are

private or privileged. For any material objected to by Opposing Counsel, Stroz Friedberg uses a

protocol to redact the content while still relying on the important metadata or other attributes.

18. In addition, Stroz Friedberg's protocols incorporate a strict non-disclosure

agreement to prevent it from disclosing, outside of its report, information from the computers. In

sensitive cases, Stroz Friedberg even has conducted our examination at Opposing Counsel's

offices, and under the supervision of Opposing Counsel's digital forensic expert, so that Stroz

Friedberg does not ever have possession of the opposing party's digital forensic images and so

that the opposing expert can verify that there is no inappropriate copying of data by Stroz

Friedberg. Indeed, Stroz Friedberg's protocols normally require that the computers used for the

inspection have no access to Internet. protection, forensic can be

secured a media safe in a separately keyed room in

both

Conclusion

create:

all and or

including the computers found at his parents' house on which Mr. Ceglia claims to have found

the copies of the Purported Emails on which he now relies. In addition, Stroz Friedberg should

be allowed to fully analyze these forensically-sound copies.

I declare under penalty of perjury that the foregoing is true and correct. Executed on this

, 2011 at Chic go, Illinois. '

Michael F. McGowan

EXHIBIT A

D I R E C T O R , D I G I T A L F O R E N S I C S

MICHAEL F. MCGOWAN



PROFESSIONAL EXPERIENCE STROZ FRIEDBERG, LLC Director, Digital Forensics, April 2006 to Present Assistant Director of Computer Forensics, February 2004 to April 2006 Consultant and Computer Forensic Examiner, June 2003 to February 2004 New York, NY Responsible for co-managing the firm’s digital forensics, cyber-crime response, and electronic discovery operations. Conduct cyber-crime investigations, including investigations of network intrusions, anonymous and harassing e-mails, and thefts of trade secrets. Perform forensic examinations and acquisitions of electronic media, including computer hard drives, backup tapes, and mobile phones. Supervise and perform large-scale electronic discovery assignments for major law firms, including on-site preservation and searching in Europe, Latin America, and Asia. Respond to significant breaches of confidential and personally identifiable information. Lead efforts to investigate and remediate, to the extent possible, lapses in litigation holds. Perform statistical analyses and data analytics of disparate data sets. Provide expert witness testimony in civil and criminal cases. Significant cases include:

Located, preserved, and forensically analyzed the metadata of a smoking-gun electronic memorandum in the Enron “Barge” investigation. Testified at trial.

Conducted forensic investigations of several laptop computers. Authored

an expert opinion proving that the subject of an internal corporate investigation backdated a key memorandum accusing a rival banker of violations of the Foreign Corrupt Practices Act.

Participated in the design and implementation of an anti-money

laundering transaction monitoring database and data analytics on behalf of an international bank in connection with a criminal investigation by the Department of Justice and Federal Reserve. Performed data analysis and helped develop an automated transaction monitoring system.

Preserved and analyzed web, event, and domain logs to determine

whether a SQL injection attack compromised customer credit card and identity information.

Conducted source code review and digital forensic examination pursuant

to an adverse-party inspection order in a litigation concerning the alleged theft of high-frequency algorithmic trading code.

Led efforts to reconstruct and forensically analyze more than two terabytes of data in response to one of the largest potential exposures of personally identifiable information.


MICHAEL F. MCGOWAN



Pioneered a methodology for searching Korean-language documents, e-mails, and e-mail attachments for a response to a criminal grand jury subpoena in a price-fixing investigation. Conducted on-site processing to facilitate attorney review and to protect the confidentiality of sensitive client documents.

Performed restoration of data from legacy backup tapes and data

analysis in conjuction with a Medicare fraud investigation. Conducted analysis to identify instances in which medical procedures were improperly submitted as separate claims to increase the amount of reimbursement from Medicare.

Forensically analyzed multiple computers to determine whether proprietary information and customer lists were transferred without authorization. Determined, based on a metadata analysis of the employee’s recovered USB drive, that the employee had downloaded hundreds of proprietary documents in the weeks leading up to his resignation and subsequently used that information at his new place of employment. Submitted an affidavit in support of a temporary restraining order, which was corroborated by the defendant’s confession under oath.

Investigated a lapse in a major media company’s e-mail retention system. Provided an assessment of the quantity of e-mail traffic that was not captured based on an analysis of e-mail server logs.

Analyzed e-mail communications between parties in a theft of trade

secrets litigation and determined that many of the alleged confidential documents were openly exchanged in e-mail correspondence prior to the litigation. Testified in Connecticut Superior Court regarding that analysis.

EDUCATION UNIVERSITY OF CHICAGO B.A. Economics and Statistics with General Honors, 2003 TRAINING STROZ FRIEDBERG, LLC, 2003 to Present In-House Training Attend and present at regular in-house training presentations on digital forensics, cyber-crime response, computer security, and network digital forensic tools, and relevant legal topics. HTCIA INTERNATIONAL CONFERENCE, 2010 Attended lectures concerning mobile device forensics and incident response.


MICHAEL F. MCGOWAN



DIGITAL FORENSIC RESEARCH WORKSHOP, 2007 Attended annual conference on current digital forensic research. SANS INSTITUTE, 2007 Hacker Techniques, Exploits & Incident Handling Attended training course on identifying computer vulnerabilities and responding to computer incidents. SANS INSTITUTE, 2005 System Forensics, Investigation & Response Attended training concerning digital forensics and incident response covering file system structures, network response, and malicious code review. GUIDANCE SOFTWARE, INC., 2003 EnCase Intermediate Analysis and Reporting Attended core training course on general digital forensics issues and the use of Guidance Software’s EnCase digital forensic software to analyze electronic data. CERTIFICATIONS EnCase Certified Forensic Examiner (EnCE) PUBLICATIONS November 2007: Co-authored “Electronic Discovery Behind Enemy Lines: Inspection Of An Adversary’s Network Pursuant To FRCP 34(a)” in Metropolitan Corporate Counsel. October 2006: Co-authored “Lost Back-up Tapes, Stolen Laptops and Other Tales of Data Breach Woe” in Computer and Internet Lawyer. September 2005: Co-authored “Electronic Discovery Technology” in Adam Cohen and David Lender’s treatise Electronic Discovery: Law and Practice. May 2004: Co-authored “Your Company’s Computer System” in E-Discovery: A Guide for Corporate Counsel by Sills Cummins Epstein & Gross P.C. LECTURES September 2010: Delivered a lecture titled “Social Networking Forensics” at the High Techology Crime Investigation Association’s International Conference in Atlanta, GA.


MICHAEL F. MCGOWAN



June 2010: Participated in a panel discussion on evidentiary issues regarding social networking websites hosted by the New York City chapter of Women in E-Discovery. May 2010: Delivered a lecture at the Cyber Security and Applications seminar at Fordham University. April 2010: Delivered a lecture titled “Web Browsing: Neither Discreet Nor Discrete” at the Computer Forensic Show. April 2009: Co-presented a lecture titled "Digital Forensics in Business Use: A Case Study in Recovering DNA from a Hard Drive” at the John Jay Center for Cybercrime Studies. April 2008: Delivered a lecture titled “E-Discovery and IP Theft” to the New York chapter of InfraGard. May 2007: Co-presented at a a seminar for the Business Law Section of the New York State Bar Assocition titled "Hidden Data: Its Dangers and Traps for the Unwary.” TESTIMONY May 2010: Provided deposition testimony as a digital forensics expert in Donald G. Drapkin v. MAFCO Consolidated Group, Inc., 09 Civ. 1285 (PGG) and MacAndrews & Forbes LLC v. Donald G. Drapkin, 09 Civ. 4513. December 2009: Testified as a digital forensics expert in Suryawanshi et al. v. UBS AG et al., FINRA Arbitration (FINRA No. 09-02568). April 2009: Provided deposition and court testimony as a digital forensics expert in Flying Disc Investments L.P., et al., v. Baker Communications Fund II, L.P., et al., Super. Ct. of Cal. (CGC 05447294). June 2007: Testified as a digital forensics expert in U.S. v. Zafar, 06-CR-289 (E.D.N.Y.). July 2005: Testified as a digital forensics expert in Wall Street Network LTD v. The New York Times Co., et al., Super. Ct. of Cal. (BC 304596). December 2004: Testified as a digital forensics expert in Gerner, et al. v. Applied Indus. Materials Corp., et al., Super. Ct. Conn. October 2004: Testified as a digital forensics expert in U.S. v. Bayly, et al., H-03-cr-363 (S.D. Tex.).


MICHAEL F. MCGOWAN



June 2004: Testified regarding a digital forensics protocol in Adkins v. General Motors Corp., et al., 03 CV 3613 (JS) (E.D.N.Y.). June 2004: Testified as a digital forensics expert in Philip Morris USA, Inc. v. Otamedia, Ltd., 02 Civ. 7575 (GEL) (S.D.N.Y.). PROFESSIONAL AFFILIATIONS Member, American Statistical Association Member, American Society for Information Science and Technology Member, Association for Computing Machinery 11/10

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C O - P R E S I D E N T

ERIC M. FRIEDBERG



PROFESSIONAL EXPERIENCE STROZ FRIEDBERG Co-President New York, NY Joined firm January 2001 Responsible for overall management of international consulting and technical services firm with offices in New York, Washington D.C., Los Angeles, London, Boston, Dallas, San Francisco, and Minneapolis, specializing in digital forensics, cyber-crime and data breach response, electronic discovery, and business intelligence and investigations. Led M&A processes for identifying, acquiring, and integrating Docuity, Inc. (an electronic discovery processing and hosting company) and Data Genetics International, L.P. (a U.K. digital forensics firm). Negotiated and structured major private equity investments made in Stroz Friedberg by Green Capital Partners ($30mm, 2007; $7mm follow-on, 2008) and New Mountain Capital ($115mm, 2010). National leader in responding to all forms of computer crime and abuse, including cyber-extortions, theft of trade secrets, industrial and state-sponsored espionage, leaks of confidential information, hacks and unauthorized access, denial of service attacks, illegal electronic surveillance, domain name hacks, key-logging, and Internet-based harassment. Has managed numerous digital forensic assignments for major law firms, corporations, and government agencies in criminal, civil, regulatory, and internal corporate matters, including cases involving alleged wiping and mass deletion of data; spoliation, e-forgery, and backdating; computer-enabled theft of trade secrets; and espionage, illicit images, harassment, and hacking. Leader in electronic discovery consulting; author of book chapters and scholarly articles on eDiscovery strategy and technology. Has managed numerous electronic discovery projects in civil and regulatory proceedings, many of which were global in scope and required the preservation, processing, and production of electronic data from hundreds of computers, servers, cell phones and PDAs, backup tapes, enterprise databases, and removable media. Court-appointed consultant to the Special Master in Advanced Micro Devices v Intel Corp., No. 05-441-JJF (D. Del.); court-appointed third-party electronic discovery/digital forensics expert in Four Seasons Hotels v Consorcio Barr, No. 01-4572-CIV (S.D. Fla.); and Harvest Court v Nanopierce, No. 602281-01 (New York Supreme Court). Significant matters include:

Led digital forensics team that analyzed the proprietary source code behind Google’s WiFi router-mapping software. Lead writer of report to world-wide Data Privacy Authorities, the F.T.C., and the public


ERIC M. FRIEDBERG



addressing concerns that the source code captured private user communications and data. See:

http://static.googleusercontent.com/external_content/untrusted_dlcp/www.google.com/en//googleblogs/pdfs/friedberg_sourcecode_analysis_060910.pdf

Led four-year effort to preserve, cull, search, and produce ESI for an insurance company in response to an Attorney General’s criminal subpoenas and related civil actions. Oversaw preservation and production of data from hundreds of custodians, servers, and other data sources. Served as company’s 30(b)(6) witness in securities class action law suit. Provided strategic advice, affidavits, and testimony regarding reasonableness of preservation and production efforts.

Solved case in which ex-employees were for six months remotely

accessing without authorization the e-mail of the Chairman, legal counsel, and in-house investigator of a public company. Oversaw development and production of evidence, including log analysis; initiated and conducted liaison with U.S. Secret Service, which led to prosecution and conviction of the offender.

Led digital forensics team in analysis of an investment banker’s multiple

laptop computers, determining that a critical memorandum accusing another banker of foreign corrupt practices violations was forged. Expert report led investment banker to confess.

Led digital forensic team in analyzing an intrusion into an FTP server on

which protected customer identity data was stored. Concluded that intruder did not access customer data, facilitating decision by company to not report under data breach notification statutes.

Led investigative team in determining who leaked sensitive internal

company e-mails and information to Wall Street analysts covering the company. Oversaw forensic analysis of subjects’ computers and matched snail-mailed information received by analysts to data on the computer of a single subject within the corporation. Oversaw linguistic analysis of snail-mailed cover letter to analysts. Matched linguistic anomalies to anomalies in known writings of the subject. Oversaw private investigation which led to a postal clerk who identified the subject’s father as the person who snail-mailed the letters in question.

Led digital forensic examination of two laptop computers belonging to a

CFO in an internal investigation into “trading with the enemy” allegations. Established that just before he relinquished his computers to investigators, the CFO deleted folders relating to trading with Iran. Conclusions supported termination for cause.


ERIC M. FRIEDBERG



Oversaw preservation, culling, and processing of laptop, desktop, server, PDA, and removable media data from over 60 lawyers and paralegals in six of a major law firm’s domestic offices, in response to a threatened malpractice case. Developed a methodology for conducting an electronic discovery project within a law firm environment, where there are unique issues relating to commingled, privileged data.

Oversaw development of proprietary techniques to conduct key-word

search of Korean-language data in an antitrust inquiry. Oversaw the establishment of an on-site laboratory in Seoul to facilitate confidential data processing.

Oversaw multi-year electronic discovery project for Audit Committee of a

public company in an accounting fraud scandal. Gathered and processed data from over 550 custodians for response to regulatory and civil subpoenas. Conducted deep forensic analysis relating to possible illegal destruction of data.

Led cyber-crime response team in identifying location within a corporate network of illegally installed “sniffer” program that was covertly capturing corporate instant message traffic. Led forensic team in analyzing laptop on which sniffer was running to identify internal employees who installed sniffer and accessed sniffed IMs. Conducted interviews of multiple IT staff members, obtaining confessions from some and exonerating others in illegal scheme.

UNITED STATES ATTORNEY’S OFFICE, E.D.N.Y. Senior Litigation Counsel, November 1999 to December 2000 Computer and Telecommunications Coordinator, December 1997 to December 2000 Chief, Narcotics Unit, December 1994 to November 1997 Deputy Chief, Narcotics Unit, January 1993 to November 1994 Line Assistant, April 1989 to December 1992 New York, NY As Computer and Telecommunications Coordinator:

Investigated and prosecuted cases involving computer hacks, denial of service attacks, Internet-related trade secret theft, criminal trademark and copyright infringement, computer hardware and software counterfeiting, telecommunications billing fraud, and illegal electronic surveillance.

Participated in the establishment of enforcement policy, built

relationships with client agencies, and supervised up to five Assistant U.S. Attorneys.


ERIC M. FRIEDBERG



Investigated telecommunications fraud case using one of the first government e-mail wiretaps.

As Chief of Narcotics and in other positions:

Investigated, litigated, and handled appeals of complex cases involving

narcotics trafficking, money laundering, drug-related violence, racketeering, securities fraud, and public corruption. Numerous trials, ranging from one to eight weeks in length.

Participated in the establishment of narcotics and money laundering

enforcement policy, built relationships with client agencies, and supervised up to 15 Assistant U.S. Attorneys and two Deputy Chiefs.

Received 1994 Department of Justice Award for Superior Performance for investigation and prosecution of six accomplices in Cali Cartel-ordered assassination of Manuel de Dios Unanue, the former editor-in-chief of El Diario.

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP Associate Attorney, Litigation Department New York, NY 1983 to 1989 Participated in all phases of intellectual property, takeover, general commercial, and product liability litigation, including two jury trials and several preliminary injunction hearings. EDUCATION BROOKLYN LAW SCHOOL J.D. 1983, magna cum laude BRANDEIS UNIVERSITY B.A. Philosophy, 1978, cum laude Varsity soccer, 1973, 1974, 1975 PUBLICATIONS March 2008: New Electronic Discovery Teams, Roles & Functions, a white paper published by The Sedona Conference. October 2006: Co-authored “Lost Back-up Tapes, Stolen Laptops and Other Tales of Data Breach Woe,” an article published in Computer and Internet Lawyer.


ERIC M. FRIEDBERG



September 2005: Co-authored “Electronic Discovery Technology,” Chapter Nine in Adam Cohen and David Lender's treatise Electronic Discovery: Law and Practice. July 2005: To Recycle or Not to Recycle, That Is The Hot Backup Tape Question, a white paper published in the Practicing Law Institute's Fifth Annual Municipal Law Institute course materials. May 2004: Co-authored “Your Company’s Computer System,” Chapter One in the book E-Discovery: A Guide for Corporate Counsel, published by Sills Cummis Epstein & Gross P.C. January 2004: “To Cache a Thief: How Litigants and Lawyers Tamper with Electronic Evidence and Why They Get Caught,” an article published in The American Lawyer magazine. November 2003: Co-authored “21st Century Forensics: Searching for the 'Smoking Gun' in Computer Hard Drives,” an article published in The Prosecutor, the monthly publication of the National District Attorneys Association. LECTURES July 2010: Led Information Systems Security Association (ISSA) industry webinar entitled “Social Networking Forensics”. January 2009: Presented a lecture entitled “New Electronic Discovery Teams, Roles, & Functions” at the Association of the Bar of the City of New York. 2008: Participated in a panel discussion entitled “Digital Forensics: From Investigation to the Courtroom” at the Cyberlaw: Expanding the Horizons Conference, hosted by the American Bar Association in Washington, DC. June 2008: Participated in a panel discussion entitled “Data Breach Investigation and Response” at the Practical Privacy Series, hosted by the International Association of Privacy Professionals (IAPP). May 2008: Led a panel discussion entitled “Barbarians at the Cybergate” at the New York CIO Executive Summit. May 2008: Participated in a panel discussion entitled “Forensics, an Executive Overview” at the CISO Executive Forum, hosted by the Information Systems Security Association (ISSA). April 2008: Participated in a panel discussion entitled “E-Discovery in Insurance” at the Electronic Discovery Seminar, hosted by DRI.


ERIC M. FRIEDBERG



March 2008: Participated as a Faculty Member for the Sedona Conference Institute event in San Diego, California, entitled "Second Annual Program on Getting Ahead of the e-Discovery Curve: Strategies to Reduce Costs and Meet Judicial Expectations" and as a panel member for presentations entitled "New Roles and New Teams to Meet ESI Production Obligations/ Expectations" and “Effective Preparation by Requesting Party for Rule 26 (f) Conferences.” January 2008: Led a panel discussion entitled “Electronic Discovery: Technology, Strategy & Emerging Standards” at the Association of the Bar of the City of New York. November 2007: Participated in a panel discussion entitled “Preservation: From Legal Holds to Preservation Methodologies” at the Advance E-Discovery Technology Workshop at Georgetown University Law Center. September 2007: Led a panel discussion entitled “Cyber-crime: The Insider Threat” for the New York Chapter of the Association of Corporate Counsel of America (ACCA). June 5, 2007: Delivered a lecture on “The Challenges Confronting the Digital Forensics Community” to The National Academies' Committee on Identifying the Needs of the Forensic Sciences Community. June 2007: Participated in a panel discussion for The Association of Corporate Counsel of America (ACCA) 2007 Ethics Marathon at Pfizer Corp. June 2007: Participated in a panel discussion entitled “Computer Forensics and Auditing” for the ABA. March 29, 2007: Participated as a Faculty Member for the Sedona Conference Institute event in Memphis, Tennessee, entitled "Getting Ahead of the e-Discovery Curve: Strategies for Companies & Their Counsel to Reduce Costs and Meet Judicial Expectations" and as a panel member for a presentation entitled "Changing Corporate Culture: Creating & Managing New Relationships to Effectively Respond to Discovery & Investigations." February 21, 2007: Led a panel discussion entitled "Compliance: Using Computer Forensics to Ensure Process/Protocol" for the members of the Greater New York Chapter of the ACCA. December 6, 2006: Participated in a panel discussion entitled “Fundamentals of e-Discovery” for the New York State Bar Association. December 5, 2006: Participated in a panel discussion entitled “Identity Theft: Understanding the New Laws and Ways to Protect Your Clients and Yourself from Becoming a Victim” at the Association of the Bar of the City of New York.


ERIC M. FRIEDBERG



November 29, 2006: Participated in a webinar entitled “Proskauer on Privacy: The Government and Privacy.” November 10, 2006: Participated in a panel discussion entitled “Forensics in e-Discovery” at Georgetown University Law Center. November 6, 2006: Delivered a lecture entitled “Data Breach Notification: Technology, Strategy, and Law” to the members of the ACCA of Greater N.Y. March 16, 2006: Delivered a lecture entitled "Computer Forensics: Technology, Strategy and Law" to the Communications and Media Law Committee of the New York City Bar Association. February 2, 2006: Delivered a lecture entitled "Computer Forensics: Technology, Strategy and Law" at Brooklyn Law School. March 16, 2005: Delivered a lecture entitled "Computer Forensics: Technology, Strategy and Law" to the Communications and Media Law Committee of the New York City Bar Association. October 27, 2005: Participated in a panel discussion on "Electronic Discovery in Litigation and What It Means for the European Company" at the Fall 2005 meeting for the International Section of the American Bar Association. July 27, 2005: Gave a presentation on "Electronic Discovery" for the Practicing Law Institute's Fifth Annual Municipal Law Institute. April 6, 2005: Participated in a panel presentation with Hon. Shira A. Scheindlin, U.S. District Judge, Southern District of New York; Hon. Ira Warshawsky, Supreme Court Judge, Nassau County; and David J. Lender, Esq., Weil Gotshal & Manges LLP, on "E-Discovery: The Basics and Beyond" at the New York State Judicial Institute. February 23, 2005: Delivered a lecture entitled "Computer Forensics in Support of Litigation" to the Association of the Bar of the City of New York January 12, 2005: Gave a presentation entitled "Handling Child Pornography Discovered During a Forensic Examination" at the Quarterly Meeting for the New York Electronic Crimes Task Force (NYECTF) of the U.S. Secret Service and John Jay College of Criminal Justice. October 1, 2004: Delivered a lecture entitled “To Cache a Thief: E-Evidence Tampering," which addressed using computer forensics to determine whether electronic documents were tampered with or are authentic, at the Association of Legal Administrators Region 5 Educational Conference.


ERIC M. FRIEDBERG



EXPERT TESTIMONY November 2007: Testified as a 30(b)(6) witness for American International Group in a securities class action. PRO BONO Member, Advisory Committee to the President of Brooklyn Law School. Advise President on strategic issues relating to positioning, marketing, recruiting, retention, and fundraising. Consultant to the Global Network Initiative (GNI), an international consortium of communication and information providers, human rights groups, and academics committed to upholding global human rights norms, privacy rights, and freedom of expression in the electronic sharing and transmission of information. Assist GNI in developing a practical mechanism to monitor members’ compliance with GNI principles without compromising private information, legitimate government requests for information, and efficient business functions. Advise on impact of domestic and foreign privacy laws, including ECPA, FISA, Title III, grand jury secrecy laws, and law enforcement power to compel secrecy, including in connection with search warrants, grand jury subpoenas, criminal and national security wiretaps, and NSLs. PROFESSIONAL AFFILIATIONS

Member, International Association of Privacy Professionals

Former member, The Sedona Conference Working Group on Electronic

Discovery Former member, E-Discovery Subcommittee of the New York State Bar

Association’s Commercial and Federal Litigation Section Former Member, Information Technology Law Committee of the New

York City Bar Association

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ALBERT H. LYTER III EDUCATION: B.S. Chemistry, Oklahoma City University, 1973 B.S. Biology, Oklahoma City University, 1973 M.S. Forensic Science, George Washington University, 1975

Ph.D. Analytical Chemistry, University of North Carolina-Chapel Hill, 1999 TRAINING: Fiber Microscopy, Institute of Paper Chemistry, 1975 X-ray Spectrometry, State University of New York, 1976 Questioned Documents, United State Secret Service, 1977 High Pressure Liquid Chromatography, Waters Associates, 1978

High Pressure Liquid Chromatography, American Chemical Society, 1978 Forensic Microscopy, McCrone Research Institute, 1978 Surface Analysis Techniques, Physical Electronics, 1992 Identification of Photocopiers, New Mexico State Police, 1983 Canon Facsimile Workshop, American Society of Questioned

Document Examiners, 1991 Microscopy for Pigment & Fiber Identification in Art & Artifacts, Campbell Center for Historic Preservation Studies, 2010

EXPERIENCE: September 1981 to present

President and Chief Scientific Officer of Federal Forensic Associates, Inc. Engaged in consultation, examination, training, research and testimony in Forensic Science, including ink and paper analysis, trace evidence and questioned document examination

Qualified trace evidence areas include fire debris, explosives, paint, hair, fibers, glass and wood.

January 1975 to September 1981

Forensic Chemist, U.S. Treasury Department, Bureau of Alcohol, Tobacco and Firearms, National Laboratory Center, Rockville, Maryland

Engaged in consultation, examination, training, research and testimony as service to federal and state law enforcement

Court qualified in federal, state and military courts in over 33 states, U.S. Virgin Islands, Australia, Canada, Mexico, Malaysia and Singapore Instructor at the FBI Academy, Federal Law Enforcement Training Center, Naval Investigative Service, Air Force Office of Special Investigation, United States Secret Service, Florida Department of Law Enforcement, colleges and universities Lecturer at numerous scientific and legal organization meetings to include the American Academy of Forensic Sciences, American Society of Questioned Document Examiners, California Association of Criminalists, International Association of Forensic Scientists

PROFESSIONAL ORGANIZATIONS:

American Academy of Forensic Sciences - Fellow Mid-Atlantic Association of Forensic Scientists

California Association of Criminalists Southwestern Association of Forensic Document Examiners International Association of Forensic Sciences American Chemical Society Society for Applied Spectroscopy American Society for Testing and Materials PUBLICATIONS: Comparison of Paper Samples - IAI News, 1976

Comparison of Typewriter Ribbon Inks by Thin Layer Chromatography -Journal of Forensic Science, 1977 A Scientific Study of Pencil Lead - Journal of Forensic Science, 1978 Analysis of Water Soluble Paper - Journal of Forensic Science, 1980 Comparison of Typewritten Carbon Impressions - Journal of Forensic Science, 1982 Examination of Ball Pen Ink by High Pressure Liquid Chromatography -Journal of Forensic Science, 1982 Ink Analysis, A Key Element in Questioned Document Examination - Trial, 1983 A High Performance Liquid Chromatographic (HPLC) Study of Seven Common Explosive Materials - Journal of Forensic Science, 1983

Finding Fraudulent Documents - Family Advocate, 1989 Attempted Determination of Authorship by Ball Pen Line Characteristics -Forensic Science International, 1990 Analysis of Writing Ink - chapter in the book HPLC in Forensic Science, 1982 Contributions to the book Forensic Ink and Paper Examination by Brunelle and Reed, 1982 Examination of Gel Pen Ink by Microspectrometry – Journal of the American Society of Questioned Document Examiners, Dec. 2005 Examination of Gel Pen Ink by Physical and Thin Layer Chromatographic Examination – Journal of the American Society of Questioned Document Examiners, Dec. 2005 Ph.D Dissertation - Surface Characterization of Polymeric Materials by X-ray Photoelectron Spectroscopy and Time-of-Flight Secondary Ion Mass Spectrometry: Biomedical Materials and Forensic Applications

HONORS: Honorary Assistant Attorney General, State of Alabama Treasury Award for Outstanding Performance

Honorary Member - Southwestern Association of Forensic Document Examiners CERTIFICATION: Diplomate of the American Board of Criminalistics CASES OF NOTE: Mormon Will of the late Howard R. Hughes Slander trial of CBS, Sixty Minutes and Dan Rather Nazi war crimes case of Ivan Demjanjuk Sam Shephard murder trial – 2000 Martha Stewart case

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