Combined declarations & exhibits in support of motion for expedited discovery

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Combined declarations & exhibits in support of motion for expedited discovery

  1. 1. EXHIBIT A
  2. 2. Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 1 of 2
  3. 3. Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 2 of 2
  4. 4. EXHIBIT A
  5. 5. BRYAN J. ROSEMANAGING DIRECTORPROFESSIONAL EXPERIENCESTROZ FRIEDBERG, LLCManaging DirectorNew York, NY2005 to PresentSupervise digital forensic, electronic discovery, and cyber-crime response casesin the firm’s New York City office. Supervise that office’s Digital ForensicExaminers. 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 10013Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
  6. 6. BRYAN J. ROSEMANAGING 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 AttorneyBrooklyn, NY2002 to 2005Investigated, litigated, and handled appeals of complex criminal cases involvingnarcotics 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, rangingfrom one to six weeks in length.SOLICITOR GENERAL, OFFICE OF THE ILLINOIS ATTORNEY GENERALAssistant Attorney GeneralChicago, IL2000 to 2002Handled appeals in complex civil cases involving constitutional law, statutoryconstruction, government contracts, and tort liability. Briefed and arguednumerous cases before both state and federal courts of appeals.THE HONORABLE JOEL M. FLAUM, CHIEF JUDGE, UNITED STATESCOURT OF APPEALS FOR THE SEVENTH CIRCUITLaw ClerkChicago, IL1999 to 2000Prepared memoranda and assisted in drafting opinions in civil and criminalmatters briefed and argued before the United States Court of Appeals for theSeventh Circuit.EDUCATIONUNIVERSITY OF VIRGINIA SCHOOL OF LAWJ.D. 1999, with High DistinctionEditor-in-Chief, Virginia Law ReviewOrder of the CoifHardy Cross Dillard ScholarElected to The Raven SocietyINDIANA UNIVERSITYM.A. Religious Studies, 1996Associate Instructor, Afro-American Studies DepartmentB.A. History and Religious Studies, 1992, magna cum laude32 Avenue of the Americas, 4th Floor, New York, NY 10013Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
  7. 7. BRYAN J. ROSEMANAGING DIRECTORPUBLICATIONSFall 2001: Bryan J. Rose and Richard A. Merrill, FDA Regulation of HumanCloning: 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.LECTURESApril 29, 2011: Participated in a panel discussion entitled, “Detecting ‘Red Flag’Accounting Issues and ‘Cooking the Books’ Problems in Corporate andSecurities Deals” at Cadwalader, Wickersham & Taft LLP.September 23, 2010: Gave a lecture entitled, “Using Digital Forensics & DataFrom 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 ofe-Discovery” for the New York State Bar Association.November 13, 2006: Gave a lecture entitled, “Identifying Relevant ElectronicData: Technical, Strategic & Legal Factors that Drive Effective ElectronicDiscovery” 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 theNew York City Bar.32 Avenue of the Americas, 4th Floor, New York, NY 10013Tel: 212.981.6549  Fax: 212.981.6545  brose@strozfriedberg.com  www.strozfriedberg.com
  8. 8. EXHIBIT B
  9. 9. EXHIBIT Btweak*the Harvard siteagreeableadapt w/5 source codewithout internettalk w/5 phonerevenue streamcharg*alumni29.95urgentupperclassmengive me a callhappy new yearwaiverexempt*additional ownershipscanget this site onlineserious issuecompletely unfairhuge penalty50/50creative controlcollege junkmak* w/5 moneyhappy birthdayBest w/2 Markboston w/2 Markgetting adjusters to payresolve*premium qualitymake a movesearch codehave it both waysextra workI suggesttrustadapt*merchandiz*bragging rightsnervetoo busyfor your trouble
  10. 10. EXHIBIT C
  11. 11. EXHIBIT Cpaulceglia@msn.compceglia@tmail.compdceglia@streetfax.comkpmonsterus@yahoo.comkpetersen@streetfax.comkpetersen@tmail.comtonjafaulkner@yahoo.comk@unfurl.org
  12. 12. EXHIBIT D
  13. 13. EXHIBIT E
  14. 14. EXHIBIT F
  15. 15. UNITED STATES DISTRICT COURTWESTERN 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 FORMARK ELLIOT ZUCKERBERG EXPEDITED DISCOVERYand 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) Schoolof Print Media. My career in the printing industry has spanned over 50 years. Ihave worked with every known printing process and, in many cases, authored thefirst 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 courseof an average year, I address several hundred attendees, mostly covering advanceddigital printing technology.5. RIT is well-known for its workshops on “Printing Process Identification andImage Analysis for Forensic Document Examiners” which explores the full rangeof image, ink, and substrate variables that are key to determining the authenticityof currency, stamps, passports, and other legal documents.
  16. 16. 6. I have been involved and testified as an expert in numerous cases. Among thosecases involving document authentication, the most notable have been the 1990’scase involving “Larry Potter” and a 2007 case involving lottery tickets (Oberthurvs 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 placedon a glass platen and a moving light source illuminated the original. The image ofthe original was reflected through an optical lens to activate a photoconductive sur-face which converted light energy (photons) into electrons forming an electroniccharge 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 printeruses digital technology that reduces all images to patterns of dots.10. Moreover, scanned copies may be printed on either toner-based or inkjet-basedprinters.11. These differences in printing technology will affect the degree of degradationthat 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 onewould not expect to see a difference in page format, typeface, or typeface densityfrom page to page. In fact, it would be extremely unusual to see such differencesfrom 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 formatteddifferently than the indents for each section on Page 2. Specifically, the indents onPage 1 are wider than the indents on Page 2 and uncommonly so. Moreover, sub-
  17. 17. EXHIBIT A
  18. 18. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaAssociation memberships and activitiesCommittee for Graphic Arts Technical Standards, American National Standards Institute, ISO Co-chair, Committee 6, Task Force 2 on Variable Data Printing standardsElectronic Document Systems Foundation Vice Chairman, Education, 1997-2005Digital Printing Council and E-Commerce Council, Printing Industries of America Steering Committee, Advisory BoardMuseum of Printing, North Andover, MA Trustee, PresidentAssociation of Graphic Arts Consultants Vice President and Founder 1977-1978 President 1979–1980 Board of Directors 1980-1985National Composition & Prepress Association, Section Printing Industries of America Treasurer 1979-1980 Vice Chairman 1981-1982 Chairman 1983-1985 Board of Directors 1973- 1989International Typographic Composition Association (now TIA) Board of Directors 1978-1979 Executive Committee 1978-1979International Association of Printing House Craftsmen Boston Chapter Board of Directors 1979-1981QuarkXPress Users International Founder 1991, Director of 4,000-member worldwide user group, 1989-1998Printing Industries of America Electronic Pre-Press Section Steering Committee, Board of Advisors, 1989-1999Pennsylvania College of Technology, Williamsport, PA Advisory Board, 1990-1993Gamma Epsilon Tau Faculty Avisor, 1994-2000Accrediting Council for Collegiate Graphic Communications Founding Member, Director, Team Leader for Accrediting Visits (Accredits 4-year graphic arts programs)
  19. 19. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaCourses taughtCalifornia PolyTechnic Institute 2007, 2011 Winter Quarter Typography Digital Printing Industry TrendsStout State University, Menonomee, Wisconsin 1973 Summer Masters program in printing educationNortheastern University, Boston, Massachusetts Adjunct Professor in Continuing Education Department 1974–1990 Automated Typesetting and PublishingRochester 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
  20. 20. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaRIT educationaland other achievementsDeveloped 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 ConceptsEstablished digital printing at RIT.Developed some of the first multimedia courses at RIT.Helped to establish the Digital Media Center. Principal author of committee reportPublished 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
  21. 21. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaInstitute serviceCIAS Curriculum Committee, 1999-2002ChairSPMS Curriculum Committee, 1998-2002ChairCIMS building committee, 1996-1997CIMS Director Search Committee, 1996-1997SPMS Director Search Committee, 1994CIAS Miltimedia Taskforce, 1994Digital Media Center, 1995-1998BoardSPMS Recruitment Committee, 1993-1995SPMS Fellowship Committee, 1997-2001ChairSPMS Scholarship Committee, 1997-2001Chair
  22. 22. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaSeminars presentedInstitute 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 GraphicsNational 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 NationalSheetfed Printing Conference, Top Management ConferenceIn-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, 1999Association of Business Communicators 1973, 1982, 1988Council for Advancement and Support of Education 1978, 1982, 1983, 1984, 1987, 1988The Navigators Club, New York 1980American Association of University Presses 1979, 1988College and University Printing Managers Association of Canada 1978, 1980Association Maitres-Imprimerie de Quebec 1976Graphic Arts Industries Association (Canada) 1975International Association of Printing House Craftsmen 1974 to present: 20 occasionsYork (PA) Club of Printing Craftsmen 1986, 1990
  23. 23. Canadian Book Council 1983New Hampshire Graphic Arts Association 1980, 1982Merrimack Valley Graphic Arts Association (Mass.) 1979International Word Processing Association (now ASIP) 1978, 1982International Typographic Composition Association (TIA) Over 40 occasions 1973-1986Western Typographers Association 1973, 1974, 1975, 1976, 1977National Newspaper Association 1985Federal Publishers Committee 1985, 1988Federal Office Automation Conference 1985, 1986Typographers 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, 2004International Thermography Association 1976New York Composition Association 1975, 1976, 1978Los Angeles Composition Association 1976, 1983Printing Industries Association of Connecticut and Western Mass. 1979Printing Industries of Illinois 1977, 2001Printing Industries of New York State 1978, 1993, 1995, 2000, 2003Printing Industries of New England 1998, 1999, 1999, 2000, 2008, 2009New Jersey Graphic Arts Association 1979, 1986New England Press Association 1979, 1988, 1991, 1992Society for Publication Designers 1978New York Association for Publication Production Managers 1978Folio Book and Magazine Week 1977–1993, 1999, 2000 Annual seminars on electronic publishing for magazine publishers at premiere conference
  24. 24. Folio Conferences in New Orleans, Chicago, Los Angeles, New York City, 1984–1993, 1999, 2000International Association of Book Printers 1978, 1979Magazine Publishers Association 1979Graphic Communications Computer Association 1973, 1990Engraved Stationery Manufacturers Association 1975Conference Board of Major Printers 1976American Printing History Association 1979, 2000, 2008Printing Industries of Maryland 1978, 1985, 1994International Prepress Association 1989, 1990, 1991, 1992, 1994, 1997, 1998Graphic Communications Association Color Connections Seminar 1992Vue/Point Pre-press Conference 1990, 1991, 1992, 1993, 1994, 1999, 2000Research and Engineering Council 1992, 1995, 1999Association of American Publishers 1979, 1982, 1988Society of Photographic Scientists and Engineers 1978, 1984, 1988TypeWorld-sponsored seminars 1978-1993: 98 occasionsBook Builders of Boston 1974, 1978, 1981, 1984, 1985, 1987, 2008Society of Printers 1975, 2009Rochester Institute of Technology T&E Seminars 1978, 1979, 1988, 1990, 1991, 1993, 1994, 1995–presentBoston Computer Society 1987, 1989The Religion Publishing Group 1990Graphic Arts Technical Foundation Color Seminars 1975, 1987, 1990, 1991, 1992, 1993, 1994, 1995, 1996,1999Type Directors Club of New York 1976, 1981, 1989, 1991Philadelphia Book Clinic 1985Women in Production 1986, 1988
  25. 25. Seybold Publishing 1987-2005 (6 occasions as keynote speaker to audiences of over 2,000 people)Association of College and University Printers 1988Public Relations Society of America, Hartford Chapter 1987Business Forms Association 1988XPLOR Association Global Conference 1988, 1996, 1998, 1999, 2000, 2001 including keynotes to4,000 attendeesLabel Printers of America 1999Gartner Group Corporate Publishing Conference 1989Binding Industries of America, 2000New Jersey Typographers Association 1988, 1989Network Northeastern 1988, 1989 First televised seminars to over 6,000 viewers in industry andeducation by Northeastern UniversityGraphic Communications 3 Conference Program 1988–1998. Organize, and present some of the 58seminar sessions attended by over 8,000 peopleNew England Newspaper Association pre-press seminars 1991, 1992Graph Expo Seminar Program 1997-2009 Organize, and present some of the 60 seminar sessionsInternational Graphic Arts Educators Association, 1988, 1995, 1998, 2000Conceppts, 1995 First broadcast using Macintosh ISDN video link from RIT Wallace Library toaudience in Orlando, Fla.Ukranian Printers Association 1982Irish Trade Board 1979Lectures in Australia, New Zealand, Thailand, Vietnam, India, Dubai, Indonesia, Croatia, Austria,Hungary, Denmark, Sweden, UK. . . and many others
  26. 26. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaAwardsPrint Champion Award, UK, 2010Graphic Arts Marketing Information Service, PIA, Neil Richards Visionary Award, 1999Digital Printing Hall of Fame, 1999National Association of Printers and Lithographers, Leadership Award, 1995Graphic Arts Technical Foundation Education Excellence Award, 1997Water Soderstrom Society inductee, 1998National 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 typesettingElmer Voigt Education Award, 1980New York School of Graphic Communications Wall of Fame, 1992 (Plaque right next toGutenberg!)Dwiggins Award (Bookbuilders of Boston), 1985 (25th recipient)Friedman Award, 1990 (33rd recipient since 1938—also presented to Frederick Goudy in 1936)Leo H. Joachim Award, 1992 Bestowed by 14 associations comprising Printing Week in New YorkCityHonorary Membership Gamma Epsilon Tau Honor Fraternity, Zeta Chapter, 1995Honorary Lifetime Membership Digital Graphics Association, New York City, 1990Graphic Arts Technical Association Educator of the Year, 1996Phi Kappa Phi Honor Society, 1995Letter of Commendation from U.S. Senator Gordon Humphrey (NH), 1985, on retirement asChairman of the National Composition AssociationMany other certificates, plaques and awards for seminars, conferences and speeches
  27. 27. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaBooks authored or co-authoredHandbook of Composition Input (American Press), 1973, 180 pagesHow to Build a Profitable Newspaper (North American Publishing), 1974, 170 pagesPhotocomposition and You (GAMA), 1974; 150 pagesAutomated Typesetting: The Basic Course (GAMA), 1974; 200 pages (also in French)Don’t Call It Cold Type (GAMA), 1977, 200 pagesPractical Typography (NCA), 1983, 300 pagesThe TypEncyclopedia (Bowker), 1984, 200 pagesMachine Writing & Typesetting (GAMA), 1986; 160 pagesDesktop Typography with QuarkXPress (TAB), 1988, 220 pages; 2nd Edition, 1992, 250 pagesThe Computer Did It (PW), 1992, 176 pagesQuarkXPress Slick Tips & Tricks (MPP), 1995, 160 pagesPocket Guide to Digital Prepress (Delmar), 1995, 344 pages (translated into Chinese)On-Demand Printing (GATF) with Howard Fenton, 1995, 200 pages, 2nd Edition 1995, 300 pagesDigital Media (MPP), 1996, 200 pagesComputer-To-Plate: Automating the Printing Industry (GATF) with Richard Adams, 1997, 240 pgsDelmar Dictionary of Digital Printing & Publishing (Delmar), 1997, 700 pages, 6,000 termsPDF Printing and Publishing (MPP and Agfa), 1997, 200 pages (translated into 6 languages)Encyclopedia of Graphic Communications (GATF), with Richard Romano 1998, 1,000 pages, 10,000 termsQuarkXPress 4 Only (Prentice Hall), with Eike Lumma 1998, 400 pagesPersonalized and Database Printing (MPP), with David Broudy 1999, 320 pagesTimelines of History (GATF), 1998, 120 pagesPDF Printing and Workflow (Prentice Hall), 1998, 400 pagesProfessional Prepress, Printing and Publishing (Prentice Hall), 1999, 670 pagesProfessional Digital Photography (Prentice Hall), with Bill Erikson 1999, 320 pagesInDesign InDetail (Prentice Hall), with David Broudy 1999, 500 pagesDesktop Follies (GAMA), 1999, 320 pagesComputer-To-Plate Primer (GATF), with Richard Adams 1999, 200 pagesDigital Printing Pocket Primer (Windsor), 2000, 320 pagesAcrobat PDF Workflow InDetail (Prentice Hall), 2000, 500 pages2000 Yearbook, companion to Enclyclopedia of Graphic Communication (GATF), 2000, 200 pagesInkjet! (PIA), 2008, 200 pagesThe Future of Print (Gama), 2010, 120 pagesEditor of Pocket Primer Series, with books by RIT students Peter Muir, Ron Goldberg, and RicWithers
  28. 28. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaArticlesElectronic Publishing Founder, Monthly article 1994–presentAldus MagazineAmerican Printer Digital Prepress editor, 1973–1988, 1994–1997, “Golden Keys” award for seriesCanadian Printer and Publisher Phototypesetting Editor, 1974 to 1991. Over 90 articlesPrinting News Over 30 articlesInplant PrinterBook and Magazine Production (now High Volume Printing)Folio (The Magazine for Magazine Management) Over 180 articles since 1975The OfficeAdvertising AgeGraphic Arts BuyerMagazine Design & ProductionPublishing TradeHOWArt Product NewsElectronic Printing (Maclean Hunter Publishing) Founding Editor, 1986-1988. Monthly feature articles 1986–1988Desktop CommunicationsThe Typographer Founding editor, 1976–1978NCPP Journal Founding editor, 1990–1991PrintRIT Journal Founding editor, 1993–1996Digital Imagingand many more individual articles in a variety of publications, national and international
  29. 29. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaOther publicationsThe Penrose Annual 1979, 1980International Paper Pocket Pal 1979, 1983, 1985, 1986, 1988, 1989, 1992, 1994, 1998, 2000 editionsMcGraw Hill Encyclopedia of Technology 1982, 1984, 1990, 1994 Sections on Type and TypesettingGraphic Arts Manual 1980 Several sections on pre-press productionEastman Kodak 1978, 1979, 1980 Booklets on typesettingPrinting Industry Trends Almanac 1981 Editor of PIA-sponsored publicationsNAPL Blue Books 1979, 1981, 1982, 1984, 1988Random House Dictionary 1983 Typographic Terms (with Michael Bruno)Electronic Publishing & Printing 1985-1987 Executive EditorHammermill Guide to Desktop Publishing 1989World Book Encyclopedia 1993, 1999, 2000 Re-wrote sections on Photocomposition, PrintingEncyclopaedia Brittanica 1994, Section on TypesettingEncyclopaedia Brittanica 1996, 1997, 1998, 1999 Yearbook section on printingNAPL Tech Trends Report, Quarterly 1997, 1998, 1999, 2000Digital Printing Report for Digital Printing Council, PIA, monthly, 1993-2004Print E-Business Report for E-Commerce Council, PIA, monthly, 2000-2004EDSF Newsletter, Editor, 1998-presentPrining Scection, Encyclopedia of Journalism (Sage Publishing), 2010
  30. 30. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaVendor-sponsored projects1972-1973: Development of small systems specifications for Hendrix Electronics1972-1973: Word processing interface from Redactron to GSI typesetter1973-1975: Design of unique mnemonic keyboard layout for Itek1974: Marketing evaluations for Dymo Graphic Systems1974-1983: Marketing and technology analysis for Xerox1976: Marketing and technology analysis for Digital Equipment Corp.1977-1984: Marketing and technology analyses for IBM1979: Marketing and technology analysis for Bobst Graphic, Lausanne, Switzerland1989: Marketing and technology analysis on non-silver imagesetting film1992: Research on digital printing1993: Testing and market study for Xerox VerdePrint non-silver graphic arts film1994: Scanner market study for Janus1995: Marketing and technology analysis on direct imaging presses for Presstek1998-2000: Chair, NexPress advisory committee2008, 2010: Insight Reports for Canon EuropeMany other projects involving research and market analysis plus advisory board participation
  31. 31. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaResearch reportsPersonal Computer Composition & Publishing Software Markets, 1984Datek Typographic Printers Report, 1985IGC Demand Printing & Publishing Markets & Opportunities Report, 1986 Talk about being ahead of your timeIGC Electronic Art Report 1987Short-Run Color Printing, 1990–1992Digital Colour Printing for Sofina, Brussels-based investment organization, 2000The Future of Print for Electronic Document Systems Foundation, 2000Printing in the Age of the Web and Beyond, 1999Printing Industry Demographics, 2001, 2009Numerous reports and analyses for venture capital and other financial organizations.
  32. 32. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaConsulting projects1972 to presentOver 1,000 projects involving the analysis, selection, application, installation and operation of pre-media and electronic publishing systems for pre-media services, printers, publishers, newspapers,government, in-plant and corporate applications.Representative list:Hallmark Cards National Center for Health StatisticsPort Authority of NY & NJ Bureau of the CensusRJR Nabisco National Cancer InstituteNational Life of Vermont International Monetary Fund (3 occasions)Metropolitan Life Insurance Co. Centers for Disease ControlJohn Hancock Insurance Federal Prisons, Dept. of JusticeAetna Insurance Department of Energy, OSTIPrudential Insurance U.S. Congress (Congressional Record)Confederation Life (Canada) U.S. Geological SurveyHorticulture Magazine Office of Technology AssessmentF&W Publishing Government of Alberta, CanadaHP Publications U.S. Government Printing OfficeNational Enquirer Defense Mapping AgencyYankee Magazine CRR PublishingNew York Times Chicago TribuneHemmings Motor News Warner BooksFinancial World magazine Harlequin Books, TorontoNew York Teacher magazine McGraw-Hill PublicationsCommon Cause General ElectricVenture Magazine Four Winds TravelJournal Publications Waverly PressDennison Manufacturing Equity PublishingFidelity Investments GrayarcCIT Financial Monarch Marking SystemsE.F. Hutton Mead Data SystemsUniversity of Toronto Press J.S. Paluch PublishingWellesley College United Nations (3 occasions since 1980)Thomas Jefferson University Imperial PrintingUniversity of Chicago New England Business ServiceUniversity of New Hampshire U.S. Pharmacopeial Convention
  33. 33. University of Nebraska Florida Bar AssociationUniversity of Waterloo, Canada American Management AssociationUniversity of Vermont National Assn. College & Univ. Bus. OfficersNotre Dame University American Library AssociationSimplicity Pattern American Dental AssociationRous & Mann, Toronto Maclean Hunter Printing & Publishing, TorontoBlack & Decker Fred Meyer Corp.Chemical Abstracts Service Ralston PurinaBoehringer-Manheim Educational Testing ServiceWisconsin Gas Pacific Gas & ElectricSafeguard Business Systems Ogilvey & MatherDoubleday Book Club J. Walter ThompsonBook Press Rorer PharmaceuticalsInternational Data Corporation Scientific American Medical DivisionEncyclopaedia Britannica Little Brown PublishersAnalog Devices American GreetingsFirst USA M&T BankNational Academy of Sciences Association of American Advertising Agencies
  34. 34. FRANK J. ROMANOProfessor Emeritus, RIT School of Print MediaOther• 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.
  35. 35. FRANK J. ROMANOProfessor Emeritus, RIT School of Print Media160+ quotes in various media mentioning Frank Romano and RIT affiliation: 1995 1996 1997 1998 1999 2000 2001 2002 2003Business and news mediaBarron’s xBoston Globe x x xBusiness Week x x x x xChicago Tribune x x xChristian Science Monitor x xDetroit Free Press x xFinancial Times x x xForbes x xNew York Times x x x xRochester Business Journal x x x xRochester Democrat & Chronicle x x x x x x xTimes of London x xUSA Today x xWall Street Journal x xOther U.S. newspapers x x x x x x xAssociated Press x x Generates quotes in 40+ papersGraphic arts trade pressAmerican Printer x x x xCanadian Printer x x x x xDeutsche Drucker (Germany) x x xElectronic Publishing x x x x x x x x xGraphic Arts Monthly x x x xPrinting Week (Great Britain) x x x xOther trade publications x x x x x x x x xPublications inAustralia x x xBelgium x x xCanada x x x x xChina xEgypt x xIceland xItaly xJapan x x xRussia x x x x
  36. 36. 1992 1993 1994 1995 1996 1997 1998 1999 2000Radio and TVRochester ABC, CBS, NBC affiliates x x x x x xRochester radio x x x x x x xNational Public Radio x xAssociation publicationsAmerican Banking Association xInternational Prepress Association x x x x xNAPL x x x x x xPIA x x x x xXPLOR x x xOther associations x x x x x x x xSupplier publicationsAgfa x x xCreo xHeidelberg x xMohawk Paper xPresstek x xScitex xStora-Enso xXerox x
  37. 37. EXHIBIT B
  38. 38. Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 1 of 2
  39. 39. Case 1:10-cv-00569-RJA Document 39-1 Filed 04/11/11 Page 2 of 2
  40. 40.  UNITED STATES DISTRICT COURTWESTERN 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 OFMARK ELLIOT ZUCKERBERG and : DEFENDANTS’ MOTION FORFACEBOOK, 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 forExpedited Discovery. 2. I am currently employed by Kroll Associates, Inc. (“Kroll”) as an AssociateManaging Director. Kroll offers premier business intelligence and investigation services. I havebeen employed by Kroll since July 2005. Prior to being employed by Kroll, I was a LieutenantCommander and officer in the New York City Police Department for 20 years. 3. In September 2010, Kroll was engaged to conduct a background investigation ofthe plaintiff in this litigation, Paul D. Ceglia (“Ceglia”). The objective of the investigation wasto identify material legal proceedings, significant business or personal controversies, and otherissues that might reflect on Ceglia’s reputation, character and credibility. I have been a memberof the team conducting the investigation since its inception and have personal knowledge of thematters stated in this Declaration. 4. As is standard practice, we first reviewed a variety of public records in relevantjurisdictions. Kroll conducted on-site research of public-record sources in various locations. In 
  41. 41.  addition, Kroll conducted nationwide online searches of public records using commercialdatabases.Consumer Fraud Related to Allegany Pellets, LLC 5. I have reviewed public records, which were identified by another Krollinvestigator, pertaining to the New York State Attorney General’s lawsuit against Ceglia, hiswife Iasia, and their business Allegany Pellets, LLC. True and correct copies of those recordsare attached hereto as Exhibit A. 6. According to the records attached as Exhibit A, on December 29, 2009, theAttorney General obtained a temporary restraining order against the Ceglias and AlleganyPellets, LLC, for defrauding dozens of consumers out of approximately $200,000. The partiesresolved 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 restrainingorder, then-Attorney General Andrew Cuomo stated that “[t]his company and its ownersrepeatedly lied to consumers and continued to solicit new orders despite an inability to deliverwood pellets that were bought and paid for months before the winter heating season began.” Atrue and correct copy of this press release is attached hereto as Exhibit B. 8. Given this information, at my direction, another Kroll investigator determined thatCeglia had been arrested and charged criminally in connection with this matter. Ceglia wasarrested on October 30, 2009, and subsequently charged by the Allegany County DistrictAttorney’s Office with one count of first-degree scheme to defraud and 12 counts of fourth- 
  42. 42.  degree grand larceny. Ceglia received an adjournment in contemplation of dismissal on onecount 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 Krollinvestigator, pertaining to Ceglia’s arrest and conviction in Panola County, Texas. True andcorrect 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, includingdilutents. Psilocybin is a hallucinogenic compound found in certain mushrooms. Ceglia wassentenced to ten years of probation and paid $15,000 of a $25,000 fine, $10,000 of which wassuspended.Misdemeanor Trespass Conviction in Florida 11. I have reviewed public records, which were identified by another Krollinvestigator, pertaining to Ceglia’s arrest and conviction in Polk County, Florida. True andcorrect 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-degreemisdemeanor. Ceglia was stopped in a private orange grove by a deputy sheriff who had beenadvised of a trespassing problem in the area. Ceglia misinformed the officer that he had aneasement 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 theproperty owner elected to press charges. Ceglia was ordered to pay a fine. 
  43. 43.  Ceglia’s Land Sales 13. As a result of this finding, Kroll investigators conducted a detailed search ofproperty records connected to Ceglia. I and other Kroll investigators learned that between 2005and 2008, Ceglia sold a significant number of properties in New York and Florida. 14. Kroll investigators then identified and interviewed several of the individuals whocontracted to purchase land from Ceglia. Many interviewees provided documentation regardingtheir 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 inNew York and Florida appears to have been a wide-ranging land scam involvingmisrepresentation, “shill bidding” on eBay, falsification of government documents, and, in somecases, outright theft. Misrepresentation 16. In October 2010, I was informed by another Kroll investigator who spoke to avictim who lives in Margate, Florida (“Victim-1”), that Victim-1 provided the followinginformation: a. In March and April 2005, Victim-1 purchased two tracts of land located inPolk County, Florida from Ceglia via an internet auction on eBay. The first property—whichwas purchased in March 2005 with a winning bid of $10,300—was listed as “zoned asresidential” and “cleared and ready to build.” The second property—which was purchased inApril 2005 with a winning bid of $17,600—was advertised as “zoned as residential,” “close toDisney,” and “roads not developed as of yet.” Ceglia also informed Victim-1 that he and hisattorneys were obtaining an easement and road access for the properties. True and correct copies 
  44. 44.  of these eBay advertisements are attached hereto as Exhibit E, which are partially redacted toprotect the privacy of Victim-1. b. In or around 2006, Victim-1 received the tax bills for these properties andrealized he had been defrauded. In late 2006, Victim-1 contacted Polk County officials andlearned that each parcel was, in fact, unbuildable land not zoned for residential use. AlthoughCeglia had told Victim-1 that his attorneys were working on obtaining an easement and roadaccess for the Florida properties, Polk County officials informed Victim-1 that the land wasessentially worthless, and the County was not considering providing an easement or road accessin the future. 17. In October 2010, I was informed by another Kroll investigator who spoke to avictim who lives in Orlando, Florida (“Victim-2”), that Victim-2 provided the followinginformation: a. In December 2005, Victim-2 purchased a tract of land located in PolkCounty, Florida, advertised as “buildable” through an internet auction on eBay. The winning bidfor the tract was $17,100. Victim-2 paid Ceglia the purchase price in full. True and correctcopies of these eBay advertisements are attached hereto as Exhibit F, which are partiallyredacted to protect the privacy of Victim-2. b. After receiving the tax bill for the property, Victim-2 was alerted that thevalue of the land was significantly less than the purchase price. As a result, Victim-2 contactedPolk County officials and learned that the property was not zoned for residential use andtherefore was not buildable. 
  45. 45.   c. After learning of the property’s zoning restrictions, Victim-2 attempted todispute the sale with Ceglia; however, Ceglia once again represented that the property wasbuildable, so long as Victim-2 obtained a “right of way.” d. Victim-2 received subsequent documentation from County officialsreconfirming 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 avictim who lives in Naples, Florida (“Victim-3”), that Victim-3 provided the followinginformation: a. Victim-3 became aware of a tract of land located in Polk County, Floridawhen she attempted to place a bid for it on eBay, but was not the high bidder in the auction. Theproperty was listed on eBay as “buildable”; the description even stated that “one could drive anRV onto it.” In addition, the property was described as having an entranceway, and the listingincluded 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 oneBay. Ceglia contacted Victim-3 to inform her that the high bidder backed out, and offered herthe opportunity to purchase the property in the amount of Victim-3’s last bid of $6,000, whichshe accepted. Indeed, the winning bid was approximately $2,000 higher than Victim-3’s finalbid of $6,000. c. After closing, Victim-3 learned from Polk County representatives that theproperty was inaccessible because it had no public easement. Nor was the property buildable. 
  46. 46.   19. In October 2010, I was informed by another Kroll investigator who spoke to avictim who lives in Spring Hill, Florida (“Victim-4”), that Victim-4 provided the followinginformation: a. Victim-4 became aware of a tract of land located in Polk County, Floridawhen 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 thewinning bidder had decided to back out of the transaction and offered Victim-4 the opportunityto purchase the property according to his last bid price. b. Victim-4, who was still interested in the property, decided to acceptCeglia’s offer and purchased the land for his final bidding price of $12,500, in or around August2006. c. Prior to the sale’s closing, Victim-4 specifically asked Ceglia whether thetract of land was buildable, to which Ceglia responded that if it was not, he would fully refundthe purchase price. Ceglia also advertised the property as measuring one full acre. d. Subsequent to the sale, Victim-4 learned from Polk County officials thathe was not permitted to build on the land. He also was informed that the tract of land onlymeasures 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 avictim who lives in Miami, Florida (“Victim-5”), that Victim-5 provided the followinginformation: a. In December 2005, Victim-5 purchased a parcel of land located in PolkCounty, Florida from Ceglia via an internet auction on eBay. Ceglia advertised the land by 
  47. 47.  stating that an RV could be driven on it, a house could be built on it, electric could be installedeither 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 inDecember 2005 made a $5,000 down payment via PayPal, with the remaining balance paid atclosing. c. After the sale, Victim-5 met with Ceglia for dinner, where Cegliainformed him that the property he purchased would increase in value once additional roads werebuilt and more houses were constructed in the area. Ceglia also stated that he would be movingto the area himself. d. In December 2006, Ceglia sent Victim-5 a Polk County documentrepresenting 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 Countydocument obtained from Victim-5 is attached hereto as Exhibit G. e. Approximately one year later, Victim-5 contacted Polk Countyrepresentatives, and learned that the property sold to him by Ceglia was virtually uninhabitabledue to zoning restrictions. 21. In October 2010, I was informed by another Kroll investigator who spoke to avictim who lives in Miami, Florida (“Victim-6”), that Victim-6 provided the followinginformation: a. In February 2005, Victim-6 purchased property from Ceglia via an onlineinternet 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.” 
  48. 48.   b. Victim-6 met personally with Ceglia to transact the deal. At the time ofthe closing in February 2005, Ceglia provided Victim-6 a Polk County document representingthat a building permit for a home could be obtained. The County document, however, did notidentify the tract at issue. This document was identical to the document that Ceglia provided toVictim-5. A true and correct copy of the purported County document obtained from Victim-6 isattached hereto as Exhibit H. c. Subsequent to the sale and closing, Polk County officials informedVictim-6 that his property was not buildable. 22. In October 2010, I was informed by another Kroll investigator who spoke to theDirector of the Polk County Land Development Division in Bartow, Florida (“Director”), whoprovided the following information after inspecting a copy of the Polk County document thatCeglia 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 Directorstated that people “call by the hundreds” to request this form, particularly to confirm the zoningrequirements for a specific parcel of land prior to buying the property. b. In order to obtain the County document that Ceglia provided to Victim-5and 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 parcelID number was not reflected on the form. The Director stated that under no circumstances couldthe form be issued without the parcel ID number, as the County official would not be able tolook up the requested parcel information without it. 
  49. 49.   d. The Director stated that without the parcel ID number, these designationscould apply to any parcel of land among hundreds of parcels in the area. Moreover, the Directorstated 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 alist 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 thefollowing 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 inAllegany County, New York for $16,300 each. After making a $5,000 down payment for eachtract, Victim-1 agreed to pay the remaining balance on each tract through monthly payments thatwere personally financed by Ceglia. Victim-1 made routine monthly mortgage payments toCeglia through August 2006. b. At the time of the sale, Ceglia provided Victim-1 with an Agreement forDeed for one of the lots. The Agreement, dated October 5, 2005, identified Victim-1 as thebuyer and Ceglia as the seller. Victim-1 also submitted to Ceglia signed documentation relatingto the second parcel, but Ceglia never returned it. c. Victim-1 made monthly mortgage payments totaling $1,754.46 to Cegliaon the two New York properties through August 2006. d. Sometime in late 2006 or early 2007, Victim-1 still had not received a taxbill for either Allegany County parcel. He contacted Allegany County officials, who informed 
  50. 50.  him that he was not listed as the owner of either parcel. Indeed, Victim-1 was not listed as theowner of any land in the State of New York e. In fact, on March 10, 2006, five months after Ceglia purported to sell thesetracts to Victim-1, Ceglia split one of the tracts purportedly already sold—the one in whichVictim-1 believed he held a valid Agreement for Deed—in two. As a result, that tract becametwo separate parcels. Furthermore, Ceglia sold one of these two newly-created subdividedparcels to another purchaser for approximately $30,000. Ceglia remains the documented ownerof the second subdivided parcel. 24. In October 2010, I was informed by another Kroll investigator who spoke tovictims who live in Hunt, New York (“Victims-7 and 8”), that Victims-7 and 8 provided thefollowing 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 purchaseprice 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 ayear, totaling approximately $4,125.00. d. In late 2007, Victims-7 and 8 were advised by the Livingston CountryTreasurer that taxes had not been paid on the parcel, which led Victims-7 and 8 to learn thatCeglia had never been listed with the County as the owner. e. Victim-7 reported the fraud to the Allegany County District Attorney’sOffice and the Allegany County Sheriff’s Office, but criminal charges were not brought. Victim- 
  51. 51. EXHIBIT A
  52. 52. EXHIBIT B
  53. 53. 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 | Disclaimerwww.ag.ny.gov/…/dec29a_09.html 1/1
  54. 54. EXHIBIT C
  55. 55. EXHIBIT D
  56. 56. EXHIBIT E
  57. 57. EXHIBIT F
  58. 58. EXHIBIT G
  59. 59. EXHIBIT H
  60. 60. EXHIBIT I
  61. 61. UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK------------------------------- --- x :PAUL D. CEGLIA, : Civil Action No. 1:10-cv-00569- : Plaintiff, RJA : v. : DECLARATION OF GERALD : R. McMENAMIN IN SUPPORTMARK ELLIOT ZUCKERBERG and : OF DEFENDANTS’ MOTIONFACEBOOK, INC., : FOR EXPEDITED DISCOVERY : Defendants. :-------------------------- -------- x I, Gerald R. McMenamin, declare as follows: 1. I respectfully submit this declaration in support of Defendants Motion forExpedited Discovery: 2. I am Professor Emeritus of Linguistics and former Chair of the Department ofLinguistics at California State University, Fresno. My academic and professional areasof 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 anexpert witness in forensic linguistics and have testified in courts in the State of Californiaand in other States and countries, as well as in Federal Courts, to render conclusionsand 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 excerptedinto an Amended Complaint in this matter, by performing a stylistic analysis of thoseQUESTIONED writings vis-à-vis KNOWN reference writings of Mr. Mark Zuckerberg.
  62. 62. KNOWN writings used for comparison were various email writings of Mr. Zuckerbergexchanged with the Plaintiff and related parties during the time period as specified in theAmended Complaint, which totaled 35 emails. My task was to analyze the internalstructure 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 theQUESTIONED writings. 5. Forensic Stylistic Analysis: This is a case in which I have used stylisticanalysis, or “stylistics", to reach a conclusion related to the authorship of questionedwritings. Stylistics is the scientific study of patterns of variation in written language. Theobject of study is the language of a single individual, resulting in a description of his/herrespective identifying linguistic characteristics. Literary stylistics studies works ofliterature whose authorship is in doubt. Stylistics is forensic when its purpose is toresolve a disputed question related to written language, such as that of the authorshipquestion of this case. In cases of disputed authorship, the linguist analyzes anddescribes the style of documents known to be written by one or more given suspectauthors and compares and contrasts their internal linguistic patterns to those of thequestioned writing. The result of this analysis may be exclusion or inclusion of writingswithin a common canon of writings; or exclusion or identification of a suspect author; orinconclusive with respect to data that support neither of the latter outcomes. 6. This approach to author identification is based on two principles generallyaccepted, and well-documented in peer-reviewed contexts: author-specific linguisticpatterns are present in unique combination in the style of every writer, and these 2
  63. 63. underlying patterns can be empirically described and often measured by carefullinguistic analysis, making author identification possible. 7. A language is at one and the same time owned by its whole group ofspeakers but uniquely used by individuals from that group. Why one writer chooseslinguistic form A and another chooses form B has two possible causes: differences inwhat they individually know of the language, and differences in how each one uses thecore 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 individuals choice ofavailable alternatives within a large, shared common-pool of linguistic forms. At anygiven moment, a writer picks and chooses just those elements of language that willbest communicate what he/she wants to say. The writers "choice" of availablealternate forms is often determined by external conditions and then becomes theunconscious result of habitually using one form instead of another. Individuality inwriting style results from a given writers 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 theKNOWN-Zuckerberg writings to determine if the QUESTIONED writings are or are not 3
  64. 64. 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 therespective QUESTIONED and KNOWN-Zuckerberg writings. 11. Findings: Stylistic features present in the QUESTIONED excerpts butabsent in the KNOWN-Zuckerberg writings, as well as those present in both sets ofwriting 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 arepresented in Exhibit B. There are two similarities (Nos. 8 and 11) and nine differencesbetween the QUESTIONED writings and KNOWN-Zuckerberg writings, the differencesdemonstrating a compelling aggregate-array of distinct markers in the respective sets ofwritings. 13. It is important to note that no single marker of these nine differing features is 4
  65. 65. EXHIBIT A
  66. 66. Curriculum Vitae of GERALD R. MCMENAMINContacts:297 W Trenton Ave, Clovis CA 93619; Tel: 559-322-1407; Cell: 559-765-8986; Email: geraldm@csufresno.eduEducation:1997 1 wk Text Encoding Workshop Oxford University, Somerville College, Oxford, UK1992 6 wks Linguistic Soc. of America Inst. University of California, Santa Cruz, CA1980 Post Doc Cert. Clinical Linguistics University of California, Medical Center-NPI, Los Angeles1978 PhD Linguistics El Colegio de México, México, DF1974 2 yrs Linguistic Variation University of Pennsylvania, Philadelphia, PA1972 MA Linguistics California State University, Fresno, CA1968 BA Philosophy, English University of California, Irvine, CA1966 BA English, Latin, Greek Salesian College, Newton, NJAcademic Awards:2010-2011 Named Distinguished Alumnus of California State University, Fresno2001-2002 The Claude C. Laval Award for Innovative Technology and Research1998-1999 Named Outstanding Faculty Member in Linguistics at 1998 CSUF University Convocation1979-1980 Postdoctoral Fellow, Clinical Linguistics, UCLA Medical Center1974-1976 Doctoral Fellow, Sociolinguistics, University of Pennsylvania1972-1974 Graduate Fellow, Organization of American States1970-1972 Graduate Fellow, State of CaliforniaTeaching Experience:2008-Present Professor Emeritus, Linguistics California State University, Fresno1980-2008 Professor, Linguistics California State University, Fresno1993-1996 Department Chair, Linguistics California State University, Fresno1976-1980 Lecturer, Spanish Linguistics University of California, Los Angeles1974-1976 Lecturer, Spanish Linguistics University of Delaware, Newark1972-1973 Professor, Spanish Linguistics Universidad Autónoma de Guadalajara, Jalisco, MéxicoForensic 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); inthe California Administrative Law Courts (Sacramento); in the Supreme Court of the Philippines (Manila), in theCanton of Vaud (Lausanne), in the Court of Queen’s Bench (Saskatoon), and in the World Court (Paris). Opinions in over600 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, Phoenix2010 American Academy of Forensic Sciences, Seattle (2 papers)2009 Southwestern Association of Forensic Document Examiners, Los Angeles2007 Southwestern Association of Forensic Document Examiners, Monterey2006 American Academy of Forensic Sciences, Seattle2005 Southwestern Association of Forensic Document Examiners, Palm Springs2004 American Society of Questioned documents Examiners, Memphis2004 American Academy of Forensic Sciences, Dallas2003 Southwestern Association of Forensic Document Examiners, Anaheim2002 American Society of Questioned Document Examiners, San Diego2002 International Association of Identification, Las Vegas
  67. 67. 2Presentations at Professional Meetings: (1988-2011) cont.2002 California Association of Criminalists, San Francisco2002 Southwestern Association of Forensic Document Examiners, San Diego2001 Southwestern Association of Forensic Document Examiners, Monterey2000 Georgetown University Roundtable on Language and Linguistics: Law, Washington, DC2000 American Academy of Forensic Sciences, Reno1999 Colloquium on Psychology, Linguistics, and Law, University of Nevada, Reno1999 Southwestern Association of Forensic Document Examiners, Santa Fe1999 International Association of Forensic Sciences, Los Angeles (UCLA)1999 American Academy of Forensic Sciences, Orlando1998 Southwestern Association of Forensic Document Examiners, Breckenridge1998 Biennial Descubriendo la Lectura Institute and Collaborative Meeting, Tucson1998 Annual West Coast Reading Recovery Institute, Sacramento1998 American Academy of Forensic Sciences, San Francisco1997 American Society of Questioned Document Examiners, Phoenix1997 Southwestern Association of Forensic Document Examiners, Los Angeles1996 Southwestern Association of Forensic Document Examiners, Tucson1995 International Association of Identification, Costa Mesa1995 California Association of Criminalists, Walnut Creek1995 Southwestern Association of Forensic Document Examiners, San Diego1994 Australasian Society of Forensic Document Examiners, Wellington (NZ)1994 Southwestern Association of Forensic Document Examiners, Avalon1993 Southwestern Association of Forensic Document Examiners, Albuquerque1993 American Society of Questioned Document Examiners, Ottawa1993 Southwestern Association of Forensic Document Examiners, San Francisco1992 Southwestern Association of Forensic Document Examiners, Denver1992 Southwestern Association of Forensic Document Examiners, San Diego1991 Southwestern Association of Forensic Document Examiners, Las Vegas1990 American Society of Questioned Document Examiners, San Jose1990 Southwestern Association of Forensic Document Examiners, Salt Lake1989 Southwestern Association of Forensic Document Examiners, Tucson1988 Western Conference on Linguistics, Fresno1988 American Society of Questioned Document Examiners, Denver1988 Southwestern Association of Forensic Document Examiners, Reno1988 California Association of Criminalists, BerkeleyPublications: 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 Pomona1993 Forensic Stylistics, Elsevier Science Publishers, Amsterdam.1986 Acquiring English: An ESL Teachers 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 Fresno1993 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
  68. 68. 3 PEER-REVIEWED JOURNAL ARTICLES: (cont.)2010 “Forensic Stylistics,” Handbook of Forensic Linguistics, M. Coulthard and A. Johnson, Eds. Routledge, Oxford2005 “Forensic Linguistics,” Encyclopedia of Linguistics, Vol. 1, P. Strazny, Ed.. New York, Routledge, Oxford2004 “Disputed Authorship in U.S. Law,” Forensic Linguistics, 11:1:73-82.2002 "Forensic Stylistics," C. Wecht (Ed.) Forensic Sciences, 2002 Supplement, New York, Bender2002 "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 19921984 "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 SciencesInternational Association of Forensic LinguisticsSouthwestern Association of Forensic Document ExaminersCourses 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, StylisticsCases in which I have provided trial testimony 1996-2010:Fahlman v. Lagosmarino Ventura County Superior Court Ventura, CA November 2010Marriage of Isaacs Los Angeles County Superior Court Los Angeles, CA September 2010Ghannam v. Ghannam Oakland County Circuit Court Pontiac, MI May 2009Posnack Estate Los Angeles County Superior Court Los Angeles, CA Dec. 2006, Jan.2007Hargitt v. Morell Placer County Superior Court Auburn, CA January 2005Sarkozi v. Tustin USD U.S. District Court, Central District of CA Los Angeles, CA June 2004Prajogi v. Udem Los Angeles County Superior Court Los Angeles, CA November 2002Neilsen v. NeilsenRiverside County Superior Court Riverside, CA September 2002California v. Flinner San Diego County Grand Jury San Diego, CA Fall 2001Kepic v. O’Bara San Bernardino County Superior Court Rancho Cucamonga, CA September 1999Violet Houssien Estate Superior Court for the State of Alaska Anchorage, AK July 1999Beard v. Wittern Alameda County Superior Court Pleasanton, CA July 1999Villafranca v. Soukup Santa Clara County Superior Court San Jose, CA November 1998Zakessian Estate Marin County Superior Court San Rafael, CA January 1997California v. Armas Los Angeles County Superior Court Long Beach, CA December 1996Regina v. Gurtler Court of Queens Bench Saskatoon, SK, Canada November 1996Public Office:Twice-elected member of the Board of Trustees of the Fresno Unified School District: 63,000 students, 1985-1991
  69. 69. 4Community Service:Board member, Valley Performing Arts Council, 2005-2007Board member, Kings River Conservancy, 2010-2012Deputy Commissioner of Marriages, Office of the Fresno County Clerk, 2010-2014Complete 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)1In 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, lenquête 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.
  70. 70. EXHIBIT B
  71. 71. 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.Questioned010604Z doesnt010604Z parents [parents]020604Z sites [sites = site is]020604Z sites [sites = 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.Questioned073003Z . . . I’ve been tweaking the search engine today010104Zb I’ll just get this site online as quickly as I can ...”Known-Zuckerberg So let me know... (3x) boxes...there (3x)
  72. 72. 23. Spelling: BACKEND The technical term "backend" is written as two words in QUESTIONED. "Backend" and its parallel "frontend" are always written as one word in KNOWN-Zuckerberg and appear as one word multiple times.Questioned010104Z the back end of the siteKnown-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.Questioned090203Z internetKnown-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.Questioned020604Z 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.Questioned073003Z I’d like to --- Face Book], I think it will really help090203Z I have been away --- internet, during that time I revised010604Z you would be seriously violating --- by doing so, I have done010604Z Please do not contact them --- issue, they would probably just020204Z Paul, I have --- to discuss with you, according to --- I owe you020404Z ‘thefacebook.com’ opened --- today, when you get a chance take a020604Z Sorry it’s --- to respond, (sic) Now that --- live I feel I must020604Z I don’t care about --- right now, I just want to see if people
  73. 73. 3072204Z I still don’t have --- build our site, I understand that IKnown-Zuckerberg No run-on sentences7. 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.Questioned090203Z Further,090203Z Additionally,010104Z Thus,010604Z Again[,]020204Z First[,]020204Z Mostly though040604Z 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".Questioned020604Z SorryKnown-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.
  74. 74. 4Questioned090203Z ... 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.Questioned112203Z if you could send another $1000 for --- project _ it would allow010104Z if there is any way you can --- funding _ I believe we will be020604Z If I had the rest --- that extra work I did _ I wouldn’t evenKnown-Zuckerberg Comma present 13x before or after if-clause in KNOWN-Zuckerberg Comma absent 2x before or after if-clause in KNOWN-Zuckerberg11. Discourse: MESSAGE-FINAL "THANKS!" [similarity] Both sets of writings contain an example of "Thanks!" used to conclude the writing.Questioned073003Z Thanks!Known-Zuckerberg Thanks! (1x)
  75. 75. UNITED STATES DISTRICT COURTWESTERN DISTRICT OF NEW YORK XPAUL D. CEGLIA, Civil Action No. 1: 10-cv-00569- RJA Plaintiff, V. DECLARATION OF MICHAEL F. MCGOWAN IN SUPPORTMARK ELLIOT ZUCKERBERG and OF DEFENDANTS MOTIONF 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 servicesand to conduct digital forensic examinations of various media. This declaration is executed byMichael F. McGowan, a Director of Digital Forensics at Stroz Friedberg. I have helped lead thedevelopment of Stroz Friedbergs expertise in detecting backdating and forgeries of electronicdocuments. 2. I have been informed by Gibson Dunn that Paul Ceglia claims to possess acontract between himself and Mr. Zuckerberg regarding "The Face Book" that Mr. Cegliaprepared and on his computer (the "Purported Contract"), as well as email messagesbetween Mr. and Mr. Zuckerberg the Book" (thePurported I also have that Mr. Zuckerberg and Facebook Purported on li1

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