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
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-
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
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-
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
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