SlideShare une entreprise Scribd logo

Combined declarations & exhibits in support of motion for expedited discovery

•
•
ticular - strategies for success
ticular - strategies for success
1  sur  276
Télécharger pour lire hors ligne
EXHIBIT A
Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 1 of 2
Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 2 of 2
EXHIBIT A
BRYAN J. ROSE MANAGING DIRECTOR 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. 32 Avenue of the Americas, 4th Floor, New York, NY 10013 Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
BRYAN J. ROSE MANAGING DIRECTOR • 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 32 Avenue of the Americas, 4th Floor, New York, NY 10013 Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
BRYAN J. ROSE MANAGING DIRECTOR 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. 32 Avenue of the Americas, 4th Floor, New York, NY 10013 Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
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 paulceglia@msn.com pceglia@tmail.com pdceglia@streetfax.com kpmonsterus@yahoo.com kpetersen@streetfax.com kpetersen@tmail.com tonjafaulkner@yahoo.com k@unfurl.org
EXHIBIT D
EXHIBIT E
EXHIBIT F
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ---------------------------- PAUL D. CEGLIA, Civil Action No. 1:10-cv-00569-RJA Plaintiff, DECLARATION OF FRANK J. v. ROMANO IN SUPPORT OF DEFENDANTS’ MOTION FOR MARK ELLIOT ZUCKERBERG EXPEDITED DISCOVERY 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.
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. ROMANO Professor Emeritus, RIT School of Print Media Association memberships and activities Committee for Graphic Arts Technical Standards, American National Standards Institute, ISO Co-chair, Committee 6, Task Force 2 on Variable Data Printing standards Electronic Document Systems Foundation Vice Chairman, Education, 1997-2005 Digital Printing Council and E-Commerce Council, Printing Industries of America Steering Committee, Advisory Board Museum of Printing, North Andover, MA Trustee, President Association of Graphic Arts Consultants Vice President and Founder 1977-1978 President 1979–1980 Board of Directors 1980-1985 National Composition & Prepress Association, Section Printing Industries of America Treasurer 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 Craftsmen Boston Chapter Board of Directors 1979-1981 QuarkXPress Users International Founder 1991, Director of 4,000-member worldwide user group, 1989-1998 Printing Industries of America Electronic Pre-Press Section Steering Committee, Board of Advisors, 1989-1999 Pennsylvania College of Technology, Williamsport, PA Advisory Board, 1990-1993 Gamma Epsilon Tau Faculty Avisor, 1994-2000 Accrediting Council for Collegiate Graphic Communications Founding Member, Director, Team Leader for Accrediting Visits (Accredits 4-year graphic arts programs)
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Courses taught California PolyTechnic Institute 2007, 2011 Winter Quarter Typography Digital Printing Industry Trends Stout State University, Menonomee, Wisconsin 1973 Summer Masters program in printing education Northeastern University, Boston, Massachusetts Adjunct Professor in Continuing Education Department 1974–1990 Automated Typesetting and Publishing Rochester Institute of Technology Melbert B. Cary, Jr. Professor 1992–1998 Roger K. Fawcett Professor 1998–2005 Professor Emeritus 2005-present Electronic Publishing, Desktop Prepress, Digital Printing, and Digital Media
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media RIT educationaland other achievements Developed 7 new courses over first five years at RIT Electronic Publishing Digital and Multimedia Concepts Digital Printing Digital Workflow Desktop Prepress Advanced Multimedia for Publishing Digital 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 program which has netted over $200,000. 1996-2000, co-taught courses once a year with Professor Owen Butler in Sscool of Photography Professor Roger Remmington in School of Design
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Institute service CIAS Curriculum Committee, 1999-2002 Chair SPMS Curriculum Committee, 1998-2002 Chair CIMS building committee, 1996-1997 CIMS Director Search Committee, 1996-1997 SPMS Director Search Committee, 1994 CIAS Miltimedia Taskforce, 1994 Digital Media Center, 1995-1998 Board SPMS Recruitment Committee, 1993-1995 SPMS Fellowship Committee, 1997-2001 Chair SPMS Scholarship Committee, 1997-2001 Chair
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Seminars presented Institute for Graphic Communication, now part of BIS Strategic Directions, 1973 to 1990: Over 135 occasions, about half as Conference Leader Representative subjects: Automated Pagination Systems, Productivity and the Printing Industry, 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, Demand Publishing, Electronic Art & Color Graphics National Composition & Prepress Association 1972 to 1989: 88 occasions, most as Chairman Subjects: 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 National Sheetfed Printing Conference, Top Management Conference In-Plant Printing Management Association 1973 to present: 15 occasions National convention, Boston, Connecticut, New York, Minneapolis-St. Paul, Ohio chapters; as well 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 occasions York (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 occasions Representative subjects: Basic Typography, Advanced Typography, Costing and Pricing, Word Processing Interfacing, Plant Layout, Promotion for Typesetting Services. “Basic” course has taught 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, 2000 Annual 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 Association Global Conference 1988, 1996, 1998, 1999, 2000, 2001 including keynotes to 4,000 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 and education by Northeastern University Graphic Communications 3 Conference Program 1988–1998. Organize, and present some of the 58 seminar 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 using Macintosh ISDN video link from RIT Wallace Library to audience 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
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 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, 1977 Highest honor of the typographic industry; only awarded to 11 other recipients, one of whom was the inventor of photographic typesetting Elmer Voigt Education Award, 1980 New York School of Graphic Communications Wall of Fame, 1992 (Plaque right next to Gutenberg!) Dwiggins Award (Bookbuilders of Boston), 1985 (25th recipient) Friedman Award, 1990 (33rd recipient since 1938—also presented to Frederick Goudy in 1936) Leo H. Joachim Award, 1992 Bestowed by 14 associations comprising Printing Week in New York City Honorary Membership Gamma Epsilon Tau Honor Fraternity, Zeta Chapter, 1995 Honorary Lifetime Membership 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 as Chairman of the National Composition Association Many other certificates, plaques and awards for seminars, conferences and speeches
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Books authored or co-authored Handbook of Composition Input (American Press), 1973, 180 pages How to Build a Profitable Newspaper (North American Publishing), 1974, 170 pages Photocomposition and You (GAMA), 1974; 150 pages Automated Typesetting: The Basic Course (GAMA), 1974; 200 pages (also in French) Don’t Call It Cold Type (GAMA), 1977, 200 pages Practical Typography (NCA), 1983, 300 pages The TypEncyclopedia (Bowker), 1984, 200 pages Machine Writing & Typesetting (GAMA), 1986; 160 pages Desktop Typography with QuarkXPress (TAB), 1988, 220 pages; 2nd Edition, 1992, 250 pages The Computer Did It (PW), 1992, 176 pages QuarkXPress Slick Tips & Tricks (MPP), 1995, 160 pages Pocket 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 pages Digital Media (MPP), 1996, 200 pages Computer-To-Plate: Automating the Printing Industry (GATF) with Richard Adams, 1997, 240 pgs Delmar Dictionary of Digital Printing & Publishing (Delmar), 1997, 700 pages, 6,000 terms PDF Printing and Publishing (MPP and Agfa), 1997, 200 pages (translated into 6 languages) Encyclopedia of Graphic Communications (GATF), with Richard Romano 1998, 1,000 pages, 10,000 terms QuarkXPress 4 Only (Prentice Hall), with Eike Lumma 1998, 400 pages Personalized and Database Printing (MPP), with David Broudy 1999, 320 pages Timelines of History (GATF), 1998, 120 pages PDF Printing and Workflow (Prentice Hall), 1998, 400 pages Professional Prepress, Printing and Publishing (Prentice Hall), 1999, 670 pages Professional Digital Photography (Prentice Hall), with Bill Erikson 1999, 320 pages InDesign InDetail (Prentice Hall), with David Broudy 1999, 500 pages Desktop Follies (GAMA), 1999, 320 pages Computer-To-Plate Primer (GATF), with Richard Adams 1999, 200 pages Digital Printing Pocket Primer (Windsor), 2000, 320 pages Acrobat PDF Workflow InDetail (Prentice Hall), 2000, 500 pages 2000 Yearbook, companion to Enclyclopedia of Graphic Communication (GATF), 2000, 200 pages Inkjet! (PIA), 2008, 200 pages The Future of Print (Gama), 2010, 120 pages Editor of Pocket Primer Series, with books by RIT students Peter Muir, Ron Goldberg, and Ric Withers
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Articles Electronic Publishing Founder, Monthly article 1994–present Aldus Magazine American Printer Digital Prepress editor, 1973–1988, 1994–1997, “Golden Keys” award for series Canadian Printer and Publisher Phototypesetting Editor, 1974 to 1991. Over 90 articles Printing News Over 30 articles Inplant Printer Book and Magazine Production (now High Volume Printing) Folio (The Magazine for Magazine Management) Over 180 articles since 1975 The Office Advertising Age Graphic Arts Buyer Magazine Design & Production Publishing Trade HOW Art Product News Electronic Printing (Maclean Hunter Publishing) Founding Editor, 1986-1988. Monthly feature articles 1986–1988 Desktop Communications The Typographer Founding editor, 1976–1978 NCPP Journal Founding editor, 1990–1991 PrintRIT Journal Founding editor, 1993–1996 Digital Imaging and many more individual articles in a variety of publications, national and international
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 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
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Vendor-sponsored projects 1972-1973: Development of small systems specifications for Hendrix Electronics 1972-1973: Word processing interface from Redactron to GSI typesetter 1973-1975: Design of unique mnemonic keyboard layout for Itek 1974: Marketing evaluations for Dymo Graphic Systems 1974-1983: Marketing and technology analysis for Xerox 1976: Marketing and technology analysis for Digital Equipment Corp. 1977-1984: Marketing and technology analyses for IBM 1979: Marketing and technology analysis for Bobst Graphic, Lausanne, Switzerland 1989: Marketing and technology analysis on non-silver imagesetting film 1992: Research on digital printing 1993: Testing and market study for Xerox VerdePrint non-silver graphic arts film 1994: Scanner market study for Janus 1995: Marketing and technology analysis on direct imaging presses for Presstek 1998-2000: Chair, NexPress advisory committee 2008, 2010: Insight Reports for Canon Europe Many other projects involving research and market analysis plus advisory board participation
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Research reports Personal Computer Composition & Publishing Software Markets, 1984 Datek Typographic Printers Report, 1985 IGC Demand Printing & Publishing Markets & Opportunities Report, 1986 Talk 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 the Web and Beyond, 1999 Printing Industry Demographics, 2001, 2009 Numerous reports and analyses for venture capital and other financial organizations.
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 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 Statistics Port Authority of NY & NJ Bureau of the Census RJR Nabisco National Cancer Institute National Life of Vermont International Monetary Fund (3 occasions) Metropolitan Life Insurance Co. Centers for Disease Control John Hancock Insurance Federal Prisons, Dept. of Justice Aetna Insurance Department of Energy, OSTI Prudential Insurance U.S. Congress (Congressional Record) Confederation Life (Canada) U.S. Geological Survey Horticulture Magazine Office of Technology Assessment F&W Publishing Government of Alberta, Canada HP Publications U.S. Government Printing Office National Enquirer Defense Mapping Agency Yankee Magazine CRR Publishing New York Times Chicago Tribune Hemmings Motor News Warner Books Financial World magazine Harlequin Books, Toronto New York Teacher magazine McGraw-Hill Publications Common Cause General Electric Venture Magazine Four Winds Travel Journal Publications Waverly Press Dennison Manufacturing Equity Publishing Fidelity Investments Grayarc CIT Financial Monarch Marking Systems E.F. Hutton Mead Data Systems University of Toronto Press J.S. Paluch Publishing Wellesley College United Nations (3 occasions since 1980) Thomas Jefferson University Imperial Printing University of Chicago New England Business Service University of New Hampshire U.S. Pharmacopeial Convention
University of Nebraska Florida Bar Association University of Waterloo, Canada American Management Association University of Vermont National Assn. College & Univ. Bus. Officers Notre Dame University American Library Association Simplicity Pattern American Dental Association Rous & Mann, Toronto Maclean Hunter Printing & Publishing, Toronto Black & Decker Fred Meyer Corp. Chemical Abstracts Service Ralston Purina Boehringer-Manheim Educational Testing Service Wisconsin Gas Pacific Gas & Electric Safeguard Business Systems Ogilvey & Mather Doubleday Book Club J. Walter Thompson Book Press Rorer Pharmaceuticals International Data Corporation Scientific American Medical Division Encyclopaedia Britannica Little Brown Publishers Analog Devices American Greetings First USA M&T Bank National Academy of Sciences Association of American Advertising Agencies
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 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 of video display terminals on operators, representing the interests of the typesetting and printing industry through PIA Government 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 the Nation.” • In 1992, involved in the development of the electronic version of the Congressional Record and other 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.
FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 160+ quotes in various media mentioning Frank Romano and RIT affiliation: 1995 1996 1997 1998 1999 2000 2001 2002 2003 Business and news media Barron’s x Boston Globe x x x Business Week x x x x x Chicago Tribune x x x Christian Science Monitor x x Detroit Free Press x x Financial Times x x x Forbes x x New York Times x x x x Rochester Business Journal x x x x Rochester Democrat & Chronicle x x x x x x x Times of London x x USA Today x x Wall Street Journal x x Other U.S. newspapers x x x x x x x Associated Press x x Generates quotes in 40+ papers Graphic arts trade press American Printer x x x x Canadian Printer x x x x x Deutsche Drucker (Germany) x x x Electronic Publishing x x x x x x x x x Graphic Arts Monthly x x x x Printing Week (Great Britain) x x x x Other trade publications x x x x x x x x x Publications in Australia x x x Belgium x x x Canada x x x x x China x Egypt x x Iceland x Italy x Japan x x x Russia x x x x
1992 1993 1994 1995 1996 1997 1998 1999 2000 Radio and TV Rochester ABC, CBS, NBC affiliates x x x x x x Rochester radio x x x x x x x National Public Radio x x Association publications American Banking Association x International Prepress Association x x x x x NAPL x x x x x x PIA x x x x x XPLOR x x x Other associations x x x x x x x x Supplier publications Agfa x x x Creo x Heidelberg x x Mohawk Paper x Presstek x x Scitex x Stora-Enso x Xerox x
EXHIBIT B
Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 1 of 2
Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 2 of 2
  UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------ x : PAUL D. CEGLIA, : : Civil Action No. 1:10-cv-00569-RJA Plaintiff, : v. : DECLARATION OF DONALD R. : HENNE IN SUPPORT OF MARK ELLIOT ZUCKERBERG and : DEFENDANTS’ MOTION FOR FACEBOOK, INC., : EXPEDITED DISCOVERY : Defendants. : ------------------------------------ x 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. 17. In October 2010, I was informed by another Kroll investigator who spoke to a 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 18. In October 2010, I was informed by another Kroll investigator who spoke to a 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.  
  19. In October 2010, I was informed by another Kroll investigator who spoke to a 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 20. In October 2010, I was informed by another Kroll investigator who spoke to a 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. 21. In October 2010, I was informed by another Kroll investigator who spoke to a 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
7/30/2010 ATTORNEY GENERAL CUOMO OBTAIN… ATTORNEY GENERAL CUOMO OBTAINS TEMPORARY RESTRAINING ORDER AGAINST WNY WOOD PELLET COMPANY SUED FOR DEFRAUDING CONSUMERS Company lied to customers and solicited new orders when unable to deliver products as promised BUFFALO, N.Y. (December 29, 2009) - Attorney General Andrew M. Cuomo today announced his office has obtained a temporary restraining order against a Western 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. DiTullio today signed a temporary restraining order banning Allegany Pellets, LLC and its owners, Paul and Iasia Ceglia of Wellsville, from accepting advance payments from consumers, destroying any business records or property, and transferring any of their assets. Allegany Pellets and the Ceglias encouraged consumers to pre-order pellets in Spring 2009. The company took in approximately $200,000 in advance payments from dozens of consumers and promised to deliver 1,900 tons of wood pellets in the subsequent months so that homeowners would be prepared for the 2009- 2010 winter season. However, Allegany failed to deliver any of the pellets or issue refunds. “This 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,” said Attorney General Cuomo. “My office is seeking restitution, penalties, and additional financial safeguards to ensure this company cannot scam anyone in the future.” The Attorney General’s investigation revealed that in September, Allegany Pellets sent a letter to customers who pre-paid for pellets informing them that it would not deliver the products until the end of the year, well into the heating season. The letter also stated that Allegany had incurred significant layoffs and asked consumers to “dig deep” while the company attempted to make good on their orders. 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 do the same. An investigation uncovered that the Ceglias have extensive real estate holdings including 75 acres of oceanfront property in Nova Scotia; 30 acres and 70 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 refunds to consumers, the Ceglias only offered the vague promise that, at some future date, they would deliver the pellets for which the customers had already paid. Additionally, even after the letter detailing the company’s dire situation was sent out, Allegany Pellets continued to solicit pre-order sales and accept payments from consumers. Cuomo’s lawsuit seeks restitution for the impacted consumers, as well as penalties and costs to the state. Additionally, the suit seeks to bar the Ceglias and Allegany from operating in New York state unless they post a $200,000 performance bond. The case is being handled by Assistant Attorney General James Morrissey under the supervision of Assistant Attorney General-In-Charge of the Buffalo Regional Office Russell Ippolito and Deputy Attorney General for Regional Affairs J. David Sampson. © 2008 NEW YORK STATE ATTORNEY GENERAL. All rights reserved. Privacy Policy | Disclaimer 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 ------------------------------- --- x : PAUL D. CEGLIA, : Civil Action No. 1:10-cv-00569- : Plaintiff, RJA : v. : DECLARATION OF GERALD : R. McMENAMIN IN SUPPORT MARK ELLIOT ZUCKERBERG and : OF DEFENDANTS’ MOTION FACEBOOK, INC., : FOR EXPEDITED DISCOVERY : Defendants. : -------------------------- -------- x 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.
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 2
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 3
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-REFERENT 10. 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 4
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: geraldm@csufresno.edu 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
2 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. NeilsenRiverside 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) 1 Number of linguists testifying in each case appears in parenthesis at end of each citation.
EXHIBIT B
1 EXHIBIT 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)
2 3. 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
3 072204Z 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 X PAUL D. CEGLIA, Civil Action No. 1: 10-cv-00569- RJA Plaintiff, V. DECLARATION OF MICHAEL F. MCGOWAN IN SUPPORT MARK ELLIOT ZUCKERBERG and OF DEFENDANTS' MOTION F ACEBOOK, INC., FOR EXPEDITED DISCOVERY Defendants. X 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
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery
Combined declarations & exhibits in support of motion for expedited discovery

Recommandé

CV for Michael Anderson
CV for Michael AndersonCV for Michael Anderson
CV for Michael AndersonMichael Anderson
 
Can Information Management Law Keep Up With Technology?
Can Information Management Law Keep Up With Technology?Can Information Management Law Keep Up With Technology?
Can Information Management Law Keep Up With Technology?IQPC Exchange
 
Fys iii
Fys iiiFys iii
Fys iiiIvan Dinata
 
Final paper fys
Final paper fysFinal paper fys
Final paper fyslostwinds
 
Final paper fys
Final paper fysFinal paper fys
Final paper fysaviation485
 
Prepare to practice
Prepare to practicePrepare to practice
Prepare to practiceValerie Aggerbeck
 
Municipalities & The Internet: A Few Legal Issues
Municipalities & The Internet: A Few Legal IssuesMunicipalities & The Internet: A Few Legal Issues
Municipalities & The Internet: A Few Legal IssuesShawn Tuma
 
Social Media Forensics
Social Media ForensicsSocial Media Forensics
Social Media ForensicsJohn J. Carney, Esq.
 

Recommandé

CV for Michael Anderson
CV for Michael AndersonCV for Michael Anderson
CV for Michael AndersonMichael Anderson
 
Can Information Management Law Keep Up With Technology?
Can Information Management Law Keep Up With Technology?Can Information Management Law Keep Up With Technology?
Can Information Management Law Keep Up With Technology?IQPC Exchange
 
Fys iii
Fys iiiFys iii
Fys iiiIvan Dinata
 
Final paper fys
Final paper fysFinal paper fys
Final paper fyslostwinds
 
Final paper fys
Final paper fysFinal paper fys
Final paper fysaviation485
 
Prepare to practice
Prepare to practicePrepare to practice
Prepare to practiceValerie Aggerbeck
 
Municipalities & The Internet: A Few Legal Issues
Municipalities & The Internet: A Few Legal IssuesMunicipalities & The Internet: A Few Legal Issues
Municipalities & The Internet: A Few Legal IssuesShawn Tuma
 
Social Media Forensics
Social Media ForensicsSocial Media Forensics
Social Media ForensicsJohn J. Carney, Esq.
 
Confessions (and Lessons) of a "Recovering" Data Broker
Confessions (and Lessons) of a "Recovering" Data BrokerConfessions (and Lessons) of a "Recovering" Data Broker
Confessions (and Lessons) of a "Recovering" Data Brokermetanautix
 
Document8
Document8Document8
Document8majorbandgeekmkk
 
IP Piracy Presentation
IP Piracy PresentationIP Piracy Presentation
IP Piracy Presentationomosuro
 
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...Benjamin Greenberg
 
Crj 101 as we enter the last week of the course/tutorialoutlet
Crj 101 as we enter the last week of the course/tutorialoutletCrj 101 as we enter the last week of the course/tutorialoutlet
Crj 101 as we enter the last week of the course/tutorialoutletLockley
 
Privacy and Social Media
Privacy and Social MediaPrivacy and Social Media
Privacy and Social MediaVictoria Herring
 
Patenting prosperity rothwell
Patenting prosperity rothwellPatenting prosperity rothwell
Patenting prosperity rothwellRob Blaauboer
 
Intellectual Property.PDF
Intellectual Property.PDFIntellectual Property.PDF
Intellectual Property.PDFRobert Kost
 
The Background Investigator October 2013 Edition
The Background Investigator October 2013 EditionThe Background Investigator October 2013 Edition
The Background Investigator October 2013 EditionSteven Brownstein
 
Nac 1 21 03
Nac 1 21 03Nac 1 21 03
Nac 1 21 03CTIN
 
The Fifth Estate and Its Future
The Fifth Estate and Its FutureThe Fifth Estate and Its Future
The Fifth Estate and Its FutureOxford Martin Centre, OII, and Computer Science at the University of Oxford
 
2009 case law overview
2009 case law overview2009 case law overview
2009 case law overviewRichard Whidden
 
SOPAandPIPA
SOPAandPIPASOPAandPIPA
SOPAandPIPAMichael Punzo
 
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)Frederick Lane
 
Frank nicholas election mall
Frank nicholas election mallFrank nicholas election mall
Frank nicholas election mallEmt John
 
Caspers Whyte I
Caspers Whyte ICaspers Whyte I
Caspers Whyte INAKLIV
 
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...News Leaders Association's NewsTrain
 
Electronic evidence
Electronic evidenceElectronic evidence
Electronic evidenceRonak Karanpuria
 
Colbern C Stuart Resume
Colbern C Stuart ResumeColbern C Stuart Resume
Colbern C Stuart ResumeCole Stuart
 
NR10192015 resume
NR10192015 resumeNR10192015 resume
NR10192015 resumeNia Raymond
 
CIS Resume
CIS ResumeCIS Resume
CIS ResumeMichael Anderson
 
Legal Research in the Age of Cloud Computing
Legal Research in the Age of Cloud ComputingLegal Research in the Age of Cloud Computing
Legal Research in the Age of Cloud ComputingNeal Axton
 

Contenu connexe

Tendances

Confessions (and Lessons) of a "Recovering" Data Broker
Confessions (and Lessons) of a "Recovering" Data BrokerConfessions (and Lessons) of a "Recovering" Data Broker
Confessions (and Lessons) of a "Recovering" Data Brokermetanautix
 
IP Piracy Presentation
IP Piracy PresentationIP Piracy Presentation
IP Piracy Presentationomosuro
 
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...Benjamin Greenberg
 
Crj 101 as we enter the last week of the course/tutorialoutlet
Crj 101 as we enter the last week of the course/tutorialoutletCrj 101 as we enter the last week of the course/tutorialoutlet
Crj 101 as we enter the last week of the course/tutorialoutletLockley
 
Patenting prosperity rothwell
Patenting prosperity rothwellPatenting prosperity rothwell
Patenting prosperity rothwellRob Blaauboer
 
Intellectual Property.PDF
Intellectual Property.PDFIntellectual Property.PDF
Intellectual Property.PDFRobert Kost
 
The Background Investigator October 2013 Edition
The Background Investigator October 2013 EditionThe Background Investigator October 2013 Edition
The Background Investigator October 2013 EditionSteven Brownstein
 
Nac 1 21 03
Nac 1 21 03Nac 1 21 03
Nac 1 21 03CTIN
 
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)Frederick Lane
 
Frank nicholas election mall
Frank nicholas election mallFrank nicholas election mall
Frank nicholas election mallEmt John
 
Caspers Whyte I
Caspers Whyte ICaspers Whyte I
Caspers Whyte INAKLIV
 
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...News Leaders Association's NewsTrain
 

Tendances (17)

Confessions (and Lessons) of a "Recovering" Data Broker
Confessions (and Lessons) of a "Recovering" Data BrokerConfessions (and Lessons) of a "Recovering" Data Broker
Confessions (and Lessons) of a "Recovering" Data Broker
 
Document8
Document8Document8
Document8
 
IP Piracy Presentation
IP Piracy PresentationIP Piracy Presentation
IP Piracy Presentation
 
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...
Rummaging
 in 
the 
Government’s 
Attic: Lessons
 Learned
 From
 More
 Than
 ...
 
Crj 101 as we enter the last week of the course/tutorialoutlet
Crj 101 as we enter the last week of the course/tutorialoutletCrj 101 as we enter the last week of the course/tutorialoutlet
Crj 101 as we enter the last week of the course/tutorialoutlet
 
Privacy and Social Media
Privacy and Social MediaPrivacy and Social Media
Privacy and Social Media
 
Patenting prosperity rothwell
Patenting prosperity rothwellPatenting prosperity rothwell
Patenting prosperity rothwell
 
Intellectual Property.PDF
Intellectual Property.PDFIntellectual Property.PDF
Intellectual Property.PDF
 
The Background Investigator October 2013 Edition
The Background Investigator October 2013 EditionThe Background Investigator October 2013 Edition
The Background Investigator October 2013 Edition
 
Nac 1 21 03
Nac 1 21 03Nac 1 21 03
Nac 1 21 03
 
The Fifth Estate and Its Future
The Fifth Estate and Its FutureThe Fifth Estate and Its Future
The Fifth Estate and Its Future
 
2009 case law overview
2009 case law overview2009 case law overview
2009 case law overview
 
SOPAandPIPA
SOPAandPIPASOPAandPIPA
SOPAandPIPA
 
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)
2013-12-18 Digital Forensics and Child Pornography (inc. 1 hour ethics)
 
Frank nicholas election mall
Frank nicholas election mallFrank nicholas election mall
Frank nicholas election mall
 
Caspers Whyte I
Caspers Whyte ICaspers Whyte I
Caspers Whyte I
 
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...
7 steps to becoming a document mouser - David Cuillier - Phoenix NewsTrain - ...
 

Similaire à Combined declarations & exhibits in support of motion for expedited discovery

Colbern C Stuart Resume
Colbern C Stuart ResumeColbern C Stuart Resume
Colbern C Stuart ResumeCole Stuart
 
NR10192015 resume
NR10192015 resumeNR10192015 resume
NR10192015 resumeNia Raymond
 
Legal Research in the Age of Cloud Computing
Legal Research in the Age of Cloud ComputingLegal Research in the Age of Cloud Computing
Legal Research in the Age of Cloud ComputingNeal Axton
 
Jason Coombs Expert Witness CV
Jason Coombs Expert Witness CVJason Coombs Expert Witness CV
Jason Coombs Expert Witness CVJason Coombs
 
III Congresso Crimes Eletrônicos, 10/10/2011 - Apresentação de Edson Perin
III Congresso Crimes Eletrônicos, 10/10/2011 - Apresentação de Edson PerinIII Congresso Crimes Eletrônicos, 10/10/2011 - Apresentação de Edson Perin
III Congresso Crimes Eletrônicos, 10/10/2011 - Apresentação de Edson PerinFecomercioSP
 
Justice wide open - communities and courts
Justice wide open - communities and courtsJustice wide open - communities and courts
Justice wide open - communities and courtswilliam perrin
 
unit_4_questioned_doc_part_1_16.pdf
unit_4_questioned_doc_part_1_16.pdfunit_4_questioned_doc_part_1_16.pdf
unit_4_questioned_doc_part_1_16.pdfAnnaRicaSicang
 
1) Assignment 1  ( 2 Pages ) Post-AssessmentMr. Fahad Nas.docx
1) Assignment 1  ( 2 Pages ) Post-AssessmentMr. Fahad Nas.docx1) Assignment 1  ( 2 Pages ) Post-AssessmentMr. Fahad Nas.docx
1) Assignment 1  ( 2 Pages ) Post-AssessmentMr. Fahad Nas.docxteresehearn
 
RIM On The Social Side
RIM On The Social SideRIM On The Social Side
RIM On The Social SideNatalie Alesi
 
White Paper: Social Media for Litigation
White Paper: Social Media for LitigationWhite Paper: Social Media for Litigation
White Paper: Social Media for LitigationMedpricer
 
smiAware-WhitePaper-LegalInvestigations
smiAware-WhitePaper-LegalInvestigationssmiAware-WhitePaper-LegalInvestigations
smiAware-WhitePaper-LegalInvestigationsMedpricer
 
Social Media And Litigation Nov 2011
Social Media And Litigation Nov 2011Social Media And Litigation Nov 2011
Social Media And Litigation Nov 2011Lisa McManus
 
Andrew Cohen Resume
Andrew Cohen ResumeAndrew Cohen Resume
Andrew Cohen ResumeAndrew Cohen
 
The-Lure-The-True-Story-of-How-the-Department-of-Justice-Brought-Down_joa_Eng...
The-Lure-The-True-Story-of-How-the-Department-of-Justice-Brought-Down_joa_Eng...The-Lure-The-True-Story-of-How-the-Department-of-Justice-Brought-Down_joa_Eng...
The-Lure-The-True-Story-of-How-the-Department-of-Justice-Brought-Down_joa_Eng...A Krista Kivisild
 
James_B._Eisenberg_Resume
James_B._Eisenberg_ResumeJames_B._Eisenberg_Resume
James_B._Eisenberg_ResumeJames Eisenberg
 

Similaire à Combined declarations & exhibits in support of motion for expedited discovery (20)

Electronic evidence
Electronic evidenceElectronic evidence
Electronic evidence
 
Colbern C Stuart Resume
Colbern C Stuart ResumeColbern C Stuart Resume
Colbern C Stuart Resume
 
NR10192015 resume
NR10192015 resumeNR10192015 resume
NR10192015 resume
 
CIS Resume
CIS ResumeCIS Resume
CIS Resume
 
Legal Research in the Age of Cloud Computing
Legal Research in the Age of Cloud ComputingLegal Research in the Age of Cloud Computing
Legal Research in the Age of Cloud Computing
 
Jason Coombs Expert Witness CV
Jason Coombs Expert Witness CVJason Coombs Expert Witness CV
Jason Coombs Expert Witness CV
 
III Congresso Crimes Eletrônicos, 10/10/2011 - Apresentação de Edson Perin
III Congresso Crimes Eletrônicos, 10/10/2011 - Apresentação de Edson PerinIII Congresso Crimes Eletrônicos, 10/10/2011 - Apresentação de Edson Perin
III Congresso Crimes Eletrônicos, 10/10/2011 - Apresentação de Edson Perin
 
Justice wide open - communities and courts
Justice wide open - communities and courtsJustice wide open - communities and courts
Justice wide open - communities and courts
 
Rfc combined resume 6 22-2017
Rfc combined resume 6 22-2017Rfc combined resume 6 22-2017
Rfc combined resume 6 22-2017
 
unit_4_questioned_doc_part_1_16.pdf
unit_4_questioned_doc_part_1_16.pdfunit_4_questioned_doc_part_1_16.pdf
unit_4_questioned_doc_part_1_16.pdf
 
1) Assignment 1  ( 2 Pages ) Post-AssessmentMr. Fahad Nas.docx
1) Assignment 1  ( 2 Pages ) Post-AssessmentMr. Fahad Nas.docx1) Assignment 1  ( 2 Pages ) Post-AssessmentMr. Fahad Nas.docx
1) Assignment 1  ( 2 Pages ) Post-AssessmentMr. Fahad Nas.docx
 
RIM On The Social Side
RIM On The Social SideRIM On The Social Side
RIM On The Social Side
 
White Paper: Social Media for Litigation
White Paper: Social Media for LitigationWhite Paper: Social Media for Litigation
White Paper: Social Media for Litigation
 
smiAware-WhitePaper-LegalInvestigations
smiAware-WhitePaper-LegalInvestigationssmiAware-WhitePaper-LegalInvestigations
smiAware-WhitePaper-LegalInvestigations
 
Social Media And Litigation Nov 2011
Social Media And Litigation Nov 2011Social Media And Litigation Nov 2011
Social Media And Litigation Nov 2011
 
O-Nov2 copy
O-Nov2 copyO-Nov2 copy
O-Nov2 copy
 
Big data: legal firms play ‘Moneyballʼ
Big data: legal firms play ‘Moneyballʼ Big data: legal firms play ‘Moneyballʼ
Big data: legal firms play ‘Moneyballʼ
 
Andrew Cohen Resume
Andrew Cohen ResumeAndrew Cohen Resume
Andrew Cohen Resume
 
The-Lure-The-True-Story-of-How-the-Department-of-Justice-Brought-Down_joa_Eng...
The-Lure-The-True-Story-of-How-the-Department-of-Justice-Brought-Down_joa_Eng...The-Lure-The-True-Story-of-How-the-Department-of-Justice-Brought-Down_joa_Eng...
The-Lure-The-True-Story-of-How-the-Department-of-Justice-Brought-Down_joa_Eng...
 
James_B._Eisenberg_Resume
James_B._Eisenberg_ResumeJames_B._Eisenberg_Resume
James_B._Eisenberg_Resume
 

Plus de ticular - strategies for success

Click If You Like Jesus, Comment If You Love Walmart Coupons: A Chief Marketi...
Click If You Like Jesus, Comment If You Love Walmart Coupons: A Chief Marketi...Click If You Like Jesus, Comment If You Love Walmart Coupons: A Chief Marketi...
Click If You Like Jesus, Comment If You Love Walmart Coupons: A Chief Marketi...ticular - strategies for success
 

Plus de ticular - strategies for success (7)

The Meta Points of Investing
The Meta Points of InvestingThe Meta Points of Investing
The Meta Points of Investing
 
Content Marketing That Will Make You Rich
Content Marketing That Will Make You RichContent Marketing That Will Make You Rich
Content Marketing That Will Make You Rich
 
Google Search 2012
Google Search 2012Google Search 2012
Google Search 2012
 
Click If You Like Jesus, Comment If You Love Walmart Coupons: A Chief Marketi...
Click If You Like Jesus, Comment If You Love Walmart Coupons: A Chief Marketi...Click If You Like Jesus, Comment If You Love Walmart Coupons: A Chief Marketi...
Click If You Like Jesus, Comment If You Love Walmart Coupons: A Chief Marketi...
 
Case study
Case studyCase study
Case study
 
Ceglia
CegliaCeglia
Ceglia
 
Memorandum of law
Memorandum of lawMemorandum of law
Memorandum of law
 

Combined declarations & exhibits in support of motion for expedited discovery

  • 1.
  • 2.
  • 4. Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 1 of 2
  • 5. Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 2 of 2
  • 6.
  • 7.
  • 8.
  • 9.
  • 11. BRYAN J. ROSE MANAGING DIRECTOR 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. 32 Avenue of the Americas, 4th Floor, New York, NY 10013 Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
  • 12. BRYAN J. ROSE MANAGING DIRECTOR • 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 32 Avenue of the Americas, 4th Floor, New York, NY 10013 Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
  • 13. BRYAN J. ROSE MANAGING DIRECTOR 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. 32 Avenue of the Americas, 4th Floor, New York, NY 10013 Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
  • 15. 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
  • 19.
  • 21.
  • 23.
  • 24. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ---------------------------- PAUL D. CEGLIA, Civil Action No. 1:10-cv-00569-RJA Plaintiff, DECLARATION OF FRANK J. v. ROMANO IN SUPPORT OF DEFENDANTS’ MOTION FOR MARK ELLIOT ZUCKERBERG EXPEDITED DISCOVERY 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.
  • 25. 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-
  • 26.
  • 28. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Association memberships and activities Committee for Graphic Arts Technical Standards, American National Standards Institute, ISO Co-chair, Committee 6, Task Force 2 on Variable Data Printing standards Electronic Document Systems Foundation Vice Chairman, Education, 1997-2005 Digital Printing Council and E-Commerce Council, Printing Industries of America Steering Committee, Advisory Board Museum of Printing, North Andover, MA Trustee, President Association of Graphic Arts Consultants Vice President and Founder 1977-1978 President 1979–1980 Board of Directors 1980-1985 National Composition & Prepress Association, Section Printing Industries of America Treasurer 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 Craftsmen Boston Chapter Board of Directors 1979-1981 QuarkXPress Users International Founder 1991, Director of 4,000-member worldwide user group, 1989-1998 Printing Industries of America Electronic Pre-Press Section Steering Committee, Board of Advisors, 1989-1999 Pennsylvania College of Technology, Williamsport, PA Advisory Board, 1990-1993 Gamma Epsilon Tau Faculty Avisor, 1994-2000 Accrediting Council for Collegiate Graphic Communications Founding Member, Director, Team Leader for Accrediting Visits (Accredits 4-year graphic arts programs)
  • 29. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Courses taught California PolyTechnic Institute 2007, 2011 Winter Quarter Typography Digital Printing Industry Trends Stout State University, Menonomee, Wisconsin 1973 Summer Masters program in printing education Northeastern University, Boston, Massachusetts Adjunct Professor in Continuing Education Department 1974–1990 Automated Typesetting and Publishing Rochester Institute of Technology Melbert B. Cary, Jr. Professor 1992–1998 Roger K. Fawcett Professor 1998–2005 Professor Emeritus 2005-present Electronic Publishing, Desktop Prepress, Digital Printing, and Digital Media
  • 30. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media RIT educationaland other achievements Developed 7 new courses over first five years at RIT Electronic Publishing Digital and Multimedia Concepts Digital Printing Digital Workflow Desktop Prepress Advanced Multimedia for Publishing Digital 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 program which has netted over $200,000. 1996-2000, co-taught courses once a year with Professor Owen Butler in Sscool of Photography Professor Roger Remmington in School of Design
  • 31. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Institute service CIAS Curriculum Committee, 1999-2002 Chair SPMS Curriculum Committee, 1998-2002 Chair CIMS building committee, 1996-1997 CIMS Director Search Committee, 1996-1997 SPMS Director Search Committee, 1994 CIAS Miltimedia Taskforce, 1994 Digital Media Center, 1995-1998 Board SPMS Recruitment Committee, 1993-1995 SPMS Fellowship Committee, 1997-2001 Chair SPMS Scholarship Committee, 1997-2001 Chair
  • 32. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Seminars presented Institute for Graphic Communication, now part of BIS Strategic Directions, 1973 to 1990: Over 135 occasions, about half as Conference Leader Representative subjects: Automated Pagination Systems, Productivity and the Printing Industry, 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, Demand Publishing, Electronic Art & Color Graphics National Composition & Prepress Association 1972 to 1989: 88 occasions, most as Chairman Subjects: 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 National Sheetfed Printing Conference, Top Management Conference In-Plant Printing Management Association 1973 to present: 15 occasions National convention, Boston, Connecticut, New York, Minneapolis-St. Paul, Ohio chapters; as well 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 occasions York (PA) Club of Printing Craftsmen 1986, 1990
  • 33. 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 occasions Representative subjects: Basic Typography, Advanced Typography, Costing and Pricing, Word Processing Interfacing, Plant Layout, Promotion for Typesetting Services. “Basic” course has taught 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, 2000 Annual seminars on electronic publishing for magazine publishers at premiere conference
  • 34. 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
  • 35. 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 Association Global Conference 1988, 1996, 1998, 1999, 2000, 2001 including keynotes to 4,000 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 and education by Northeastern University Graphic Communications 3 Conference Program 1988–1998. Organize, and present some of the 58 seminar 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 using Macintosh ISDN video link from RIT Wallace Library to audience 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
  • 36. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 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, 1977 Highest honor of the typographic industry; only awarded to 11 other recipients, one of whom was the inventor of photographic typesetting Elmer Voigt Education Award, 1980 New York School of Graphic Communications Wall of Fame, 1992 (Plaque right next to Gutenberg!) Dwiggins Award (Bookbuilders of Boston), 1985 (25th recipient) Friedman Award, 1990 (33rd recipient since 1938—also presented to Frederick Goudy in 1936) Leo H. Joachim Award, 1992 Bestowed by 14 associations comprising Printing Week in New York City Honorary Membership Gamma Epsilon Tau Honor Fraternity, Zeta Chapter, 1995 Honorary Lifetime Membership 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 as Chairman of the National Composition Association Many other certificates, plaques and awards for seminars, conferences and speeches
  • 37. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Books authored or co-authored Handbook of Composition Input (American Press), 1973, 180 pages How to Build a Profitable Newspaper (North American Publishing), 1974, 170 pages Photocomposition and You (GAMA), 1974; 150 pages Automated Typesetting: The Basic Course (GAMA), 1974; 200 pages (also in French) Don’t Call It Cold Type (GAMA), 1977, 200 pages Practical Typography (NCA), 1983, 300 pages The TypEncyclopedia (Bowker), 1984, 200 pages Machine Writing & Typesetting (GAMA), 1986; 160 pages Desktop Typography with QuarkXPress (TAB), 1988, 220 pages; 2nd Edition, 1992, 250 pages The Computer Did It (PW), 1992, 176 pages QuarkXPress Slick Tips & Tricks (MPP), 1995, 160 pages Pocket 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 pages Digital Media (MPP), 1996, 200 pages Computer-To-Plate: Automating the Printing Industry (GATF) with Richard Adams, 1997, 240 pgs Delmar Dictionary of Digital Printing & Publishing (Delmar), 1997, 700 pages, 6,000 terms PDF Printing and Publishing (MPP and Agfa), 1997, 200 pages (translated into 6 languages) Encyclopedia of Graphic Communications (GATF), with Richard Romano 1998, 1,000 pages, 10,000 terms QuarkXPress 4 Only (Prentice Hall), with Eike Lumma 1998, 400 pages Personalized and Database Printing (MPP), with David Broudy 1999, 320 pages Timelines of History (GATF), 1998, 120 pages PDF Printing and Workflow (Prentice Hall), 1998, 400 pages Professional Prepress, Printing and Publishing (Prentice Hall), 1999, 670 pages Professional Digital Photography (Prentice Hall), with Bill Erikson 1999, 320 pages InDesign InDetail (Prentice Hall), with David Broudy 1999, 500 pages Desktop Follies (GAMA), 1999, 320 pages Computer-To-Plate Primer (GATF), with Richard Adams 1999, 200 pages Digital Printing Pocket Primer (Windsor), 2000, 320 pages Acrobat PDF Workflow InDetail (Prentice Hall), 2000, 500 pages 2000 Yearbook, companion to Enclyclopedia of Graphic Communication (GATF), 2000, 200 pages Inkjet! (PIA), 2008, 200 pages The Future of Print (Gama), 2010, 120 pages Editor of Pocket Primer Series, with books by RIT students Peter Muir, Ron Goldberg, and Ric Withers
  • 38. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Articles Electronic Publishing Founder, Monthly article 1994–present Aldus Magazine American Printer Digital Prepress editor, 1973–1988, 1994–1997, “Golden Keys” award for series Canadian Printer and Publisher Phototypesetting Editor, 1974 to 1991. Over 90 articles Printing News Over 30 articles Inplant Printer Book and Magazine Production (now High Volume Printing) Folio (The Magazine for Magazine Management) Over 180 articles since 1975 The Office Advertising Age Graphic Arts Buyer Magazine Design & Production Publishing Trade HOW Art Product News Electronic Printing (Maclean Hunter Publishing) Founding Editor, 1986-1988. Monthly feature articles 1986–1988 Desktop Communications The Typographer Founding editor, 1976–1978 NCPP Journal Founding editor, 1990–1991 PrintRIT Journal Founding editor, 1993–1996 Digital Imaging and many more individual articles in a variety of publications, national and international
  • 39. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 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
  • 40. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Vendor-sponsored projects 1972-1973: Development of small systems specifications for Hendrix Electronics 1972-1973: Word processing interface from Redactron to GSI typesetter 1973-1975: Design of unique mnemonic keyboard layout for Itek 1974: Marketing evaluations for Dymo Graphic Systems 1974-1983: Marketing and technology analysis for Xerox 1976: Marketing and technology analysis for Digital Equipment Corp. 1977-1984: Marketing and technology analyses for IBM 1979: Marketing and technology analysis for Bobst Graphic, Lausanne, Switzerland 1989: Marketing and technology analysis on non-silver imagesetting film 1992: Research on digital printing 1993: Testing and market study for Xerox VerdePrint non-silver graphic arts film 1994: Scanner market study for Janus 1995: Marketing and technology analysis on direct imaging presses for Presstek 1998-2000: Chair, NexPress advisory committee 2008, 2010: Insight Reports for Canon Europe Many other projects involving research and market analysis plus advisory board participation
  • 41. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media Research reports Personal Computer Composition & Publishing Software Markets, 1984 Datek Typographic Printers Report, 1985 IGC Demand Printing & Publishing Markets & Opportunities Report, 1986 Talk 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 the Web and Beyond, 1999 Printing Industry Demographics, 2001, 2009 Numerous reports and analyses for venture capital and other financial organizations.
  • 42. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 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 Statistics Port Authority of NY & NJ Bureau of the Census RJR Nabisco National Cancer Institute National Life of Vermont International Monetary Fund (3 occasions) Metropolitan Life Insurance Co. Centers for Disease Control John Hancock Insurance Federal Prisons, Dept. of Justice Aetna Insurance Department of Energy, OSTI Prudential Insurance U.S. Congress (Congressional Record) Confederation Life (Canada) U.S. Geological Survey Horticulture Magazine Office of Technology Assessment F&W Publishing Government of Alberta, Canada HP Publications U.S. Government Printing Office National Enquirer Defense Mapping Agency Yankee Magazine CRR Publishing New York Times Chicago Tribune Hemmings Motor News Warner Books Financial World magazine Harlequin Books, Toronto New York Teacher magazine McGraw-Hill Publications Common Cause General Electric Venture Magazine Four Winds Travel Journal Publications Waverly Press Dennison Manufacturing Equity Publishing Fidelity Investments Grayarc CIT Financial Monarch Marking Systems E.F. Hutton Mead Data Systems University of Toronto Press J.S. Paluch Publishing Wellesley College United Nations (3 occasions since 1980) Thomas Jefferson University Imperial Printing University of Chicago New England Business Service University of New Hampshire U.S. Pharmacopeial Convention
  • 43. University of Nebraska Florida Bar Association University of Waterloo, Canada American Management Association University of Vermont National Assn. College & Univ. Bus. Officers Notre Dame University American Library Association Simplicity Pattern American Dental Association Rous & Mann, Toronto Maclean Hunter Printing & Publishing, Toronto Black & Decker Fred Meyer Corp. Chemical Abstracts Service Ralston Purina Boehringer-Manheim Educational Testing Service Wisconsin Gas Pacific Gas & Electric Safeguard Business Systems Ogilvey & Mather Doubleday Book Club J. Walter Thompson Book Press Rorer Pharmaceuticals International Data Corporation Scientific American Medical Division Encyclopaedia Britannica Little Brown Publishers Analog Devices American Greetings First USA M&T Bank National Academy of Sciences Association of American Advertising Agencies
  • 44. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 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 of video display terminals on operators, representing the interests of the typesetting and printing industry through PIA Government 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 the Nation.” • In 1992, involved in the development of the electronic version of the Congressional Record and other 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.
  • 45. FRANK J. ROMANO Professor Emeritus, RIT School of Print Media 160+ quotes in various media mentioning Frank Romano and RIT affiliation: 1995 1996 1997 1998 1999 2000 2001 2002 2003 Business and news media Barron’s x Boston Globe x x x Business Week x x x x x Chicago Tribune x x x Christian Science Monitor x x Detroit Free Press x x Financial Times x x x Forbes x x New York Times x x x x Rochester Business Journal x x x x Rochester Democrat & Chronicle x x x x x x x Times of London x x USA Today x x Wall Street Journal x x Other U.S. newspapers x x x x x x x Associated Press x x Generates quotes in 40+ papers Graphic arts trade press American Printer x x x x Canadian Printer x x x x x Deutsche Drucker (Germany) x x x Electronic Publishing x x x x x x x x x Graphic Arts Monthly x x x x Printing Week (Great Britain) x x x x Other trade publications x x x x x x x x x Publications in Australia x x x Belgium x x x Canada x x x x x China x Egypt x x Iceland x Italy x Japan x x x Russia x x x x
  • 46. 1992 1993 1994 1995 1996 1997 1998 1999 2000 Radio and TV Rochester ABC, CBS, NBC affiliates x x x x x x Rochester radio x x x x x x x National Public Radio x x Association publications American Banking Association x International Prepress Association x x x x x NAPL x x x x x x PIA x x x x x XPLOR x x x Other associations x x x x x x x x Supplier publications Agfa x x x Creo x Heidelberg x x Mohawk Paper x Presstek x x Scitex x Stora-Enso x Xerox x
  • 48. Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 1 of 2
  • 49. Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 2 of 2
  • 50.   UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------------ x : PAUL D. CEGLIA, : : Civil Action No. 1:10-cv-00569-RJA Plaintiff, : v. : DECLARATION OF DONALD R. : HENNE IN SUPPORT OF MARK ELLIOT ZUCKERBERG and : DEFENDANTS’ MOTION FOR FACEBOOK, INC., : EXPEDITED DISCOVERY : Defendants. : ------------------------------------ x 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  
  • 51.   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-  
  • 52.   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.  
  • 53.   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  
  • 54.   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. 17. In October 2010, I was informed by another Kroll investigator who spoke to a 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.  
  • 55.   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 18. In October 2010, I was informed by another Kroll investigator who spoke to a 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.  
  • 56.   19. In October 2010, I was informed by another Kroll investigator who spoke to a 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 20. In October 2010, I was informed by another Kroll investigator who spoke to a 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  
  • 57.   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. 21. In October 2010, I was informed by another Kroll investigator who spoke to a 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.”  
  • 58.   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.  
  • 59.   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  
  • 60.   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-  
  • 61.
  • 63.
  • 64.
  • 65.
  • 66.
  • 67.
  • 68.
  • 69.
  • 70.
  • 71.
  • 72.
  • 73.
  • 74.
  • 75.
  • 76.
  • 77.
  • 78.
  • 79.
  • 80.
  • 81.
  • 82.
  • 84. 7/30/2010 ATTORNEY GENERAL CUOMO OBTAIN… ATTORNEY GENERAL CUOMO OBTAINS TEMPORARY RESTRAINING ORDER AGAINST WNY WOOD PELLET COMPANY SUED FOR DEFRAUDING CONSUMERS Company lied to customers and solicited new orders when unable to deliver products as promised BUFFALO, N.Y. (December 29, 2009) - Attorney General Andrew M. Cuomo today announced his office has obtained a temporary restraining order against a Western 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. DiTullio today signed a temporary restraining order banning Allegany Pellets, LLC and its owners, Paul and Iasia Ceglia of Wellsville, from accepting advance payments from consumers, destroying any business records or property, and transferring any of their assets. Allegany Pellets and the Ceglias encouraged consumers to pre-order pellets in Spring 2009. The company took in approximately $200,000 in advance payments from dozens of consumers and promised to deliver 1,900 tons of wood pellets in the subsequent months so that homeowners would be prepared for the 2009- 2010 winter season. However, Allegany failed to deliver any of the pellets or issue refunds. “This 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,” said Attorney General Cuomo. “My office is seeking restitution, penalties, and additional financial safeguards to ensure this company cannot scam anyone in the future.” The Attorney General’s investigation revealed that in September, Allegany Pellets sent a letter to customers who pre-paid for pellets informing them that it would not deliver the products until the end of the year, well into the heating season. The letter also stated that Allegany had incurred significant layoffs and asked consumers to “dig deep” while the company attempted to make good on their orders. 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 do the same. An investigation uncovered that the Ceglias have extensive real estate holdings including 75 acres of oceanfront property in Nova Scotia; 30 acres and 70 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 refunds to consumers, the Ceglias only offered the vague promise that, at some future date, they would deliver the pellets for which the customers had already paid. Additionally, even after the letter detailing the company’s dire situation was sent out, Allegany Pellets continued to solicit pre-order sales and accept payments from consumers. Cuomo’s lawsuit seeks restitution for the impacted consumers, as well as penalties and costs to the state. Additionally, the suit seeks to bar the Ceglias and Allegany from operating in New York state unless they post a $200,000 performance bond. The case is being handled by Assistant Attorney General James Morrissey under the supervision of Assistant Attorney General-In-Charge of the Buffalo Regional Office Russell Ippolito and Deputy Attorney General for Regional Affairs J. David Sampson. © 2008 NEW YORK STATE ATTORNEY GENERAL. All rights reserved. Privacy Policy | Disclaimer www.ag.ny.gov/…/dec29a_09.html 1/1
  • 86.
  • 87.
  • 88.
  • 89.
  • 90.
  • 91.
  • 92.
  • 93.
  • 94.
  • 95.
  • 96.
  • 97.
  • 98.
  • 99.
  • 101.
  • 102.
  • 103.
  • 104.
  • 106.
  • 107.
  • 108.
  • 109.
  • 110.
  • 111.
  • 112.
  • 114.
  • 115.
  • 116.
  • 117.
  • 118.
  • 120.
  • 122.
  • 124.
  • 125.
  • 126. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ------------------------------- --- x : PAUL D. CEGLIA, : Civil Action No. 1:10-cv-00569- : Plaintiff, RJA : v. : DECLARATION OF GERALD : R. McMENAMIN IN SUPPORT MARK ELLIOT ZUCKERBERG and : OF DEFENDANTS’ MOTION FACEBOOK, INC., : FOR EXPEDITED DISCOVERY : Defendants. : -------------------------- -------- x 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.
  • 127. 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 2
  • 128. 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 3
  • 129. 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-REFERENT 10. 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 4
  • 130.
  • 132. Curriculum Vitae of GERALD R. MCMENAMIN Contacts: 297 W Trenton Ave, Clovis CA 93619; Tel: 559-322-1407; Cell: 559-765-8986; Email: geraldm@csufresno.edu 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
  • 133. 2 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
  • 134. 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. NeilsenRiverside 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
  • 135. 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) 1 Number of linguists testifying in each case appears in parenthesis at end of each citation.
  • 137. 1 EXHIBIT 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)
  • 138. 2 3. 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
  • 139. 3 072204Z 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.
  • 140. 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)
  • 141. UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK X PAUL D. CEGLIA, Civil Action No. 1: 10-cv-00569- RJA Plaintiff, V. DECLARATION OF MICHAEL F. MCGOWAN IN SUPPORT MARK ELLIOT ZUCKERBERG and OF DEFENDANTS' MOTION F ACEBOOK, INC., FOR EXPEDITED DISCOVERY Defendants. X 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
  • 142. 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
  • 143. 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