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8/20/2019 2006-03-10 - Dennis Montgomery Declaration (In re Search of 12720 Buckthorne Lane)
http://slidepdf.com/reader/full/2006-03-10-dennis-montgomery-declaration-in-re-search-of-12720-buckthorne 1/4
Case 3:06-cv-00263-PMP-VPC Document 21-3 Filed 03/10/06 Page 2 of 5
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' ' ' • < t :
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Ronald). Logar, Esq., Nevada Bar No.: 0303
Eric
A.
Pulver, Esq
..
Nevada Bar No.: 7874
Law Office
of
Logur Pulver, PC
225
S. Arlington
A' '·•
Ste A
Reno, NV
89501
Phone:
775-786-50 -0
fax: 775-786-754L
5 '
6
Michael
J. Flynn, Eq. Mass. State Bar No.: 172780
Philip H. Stillman, fsq., California State Bar No.: 152861
7 Flynn Stillman
8
224 Birmingham
D1·ive Suite
1A4
Cardiff, CA 92007
9
Phone:
888-2
5-4 1
79
Fax: 888-235-4279
'. .S. o····
· · - - · ~ · · : · ~ : T
rJ•:.
: o
M R I
2006
10
dmitted
Pro
Hae
\lice
in
related
Federal
Case No.
3:06 cv 0056 BES VPC
UNITED ST TES
DISTRICT
COURT
12
FOR
THE
DISTRICT OF NEV D
13
CASE
NO.:
3:06-MJ-0023·.YPC
4
: ,.1 r
i In the Matter of the ~ e r c h of:
15
' 12720 B\JCKTHORN LANE, RENO, NV
16 and
)
)
)
)
)
1 7 )
888 MASTRO DRIVE, RENO, NV, STORAGE )
DECLARATION OF DENNIS
O ~
T'.:;OMERY
IN SUPPORT OF MOTIONS
TO UNSEAL
SEARCH WARRANT MATERIALS; RJ:TURN
PROPERTY PURSUANT TO
RULE
4 (G);
; ND
TO
SEGREGATE
PRIVILEGED MA--ERIAL
1E , UNIT NUMBERS 36,
140,
141, 142, AND 143 )
· ~ ~ ~ ~ ~ ~ ~ ~ -
20
21
]
2·
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8/20/2019 2006-03-10 - Dennis Montgomery Declaration (In re Search of 12720 Buckthorne Lane)
http://slidepdf.com/reader/full/2006-03-10-dennis-montgomery-declaration-in-re-search-of-12720-buckthorne 2/4
Case 3:06-cv-00263-PMP-VPC Document 21-3 Filed 03/10/06 Page 3 of 5
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DECL R TION OF DENNIS MONTGOMERY
I,
Denni:' Mc:ntgomery, declare:
1.
I am <Ner the
age
of
18 and a party to
two civil
actions
involving
Warren T1epp. I was
a target of
two
sea·ch warrants executed on
my
home and storage units and have
person<Jl
knowledge
oi the fa:ts stated herein. If called
as
a witness, I could and
would
testify competently to
them.
2.
On
/·/larch
1 2006
the FBI,
with
sledgehammer in hand, entered
y
home and
threatened to smash open
my
safe
if
I
did
not open it. Although I
immediatel)'
sought to
·=all my
attorneys, the FBI rpfused to
allow
me to make a telephone call, and took
my
cell phon2
:rom
me.
The FBI said that tl1 y just wanted to ask me a few questions and I didn't need
my
la A )o 2r. I again
told
lhe agent that I
would not
speak
with him
and wanted to call
my
la 'Y'er. In all. the
FBI
refused
over five (5) reque•;ts for me to speak to
my
lawyer,
while
they began the sear:h, and altempted to
interrogate me
e s ~ i t e
each repeated request to speak
with
my lawyer.
3. Special Agent West provided a copy
of
the search warrant to me before commencing
the search at Bucklf·orn. Attachment B to the search warrant for the Buckthorn residence directed
the officers
executirg
the search warrant to search for and seize property. Item
1 Any Back
Lianli
Central Processing lJnit (CPU) was not found. Item
2
Any Ultra Storage eight hard dri1•e RAID
storage
unit
with
.a
specific
Model
number was
not
found. Paragraphs 3-6
of
the warr<m' sought a
host
of
documents< ealing
with
potential investors in the Source Code.
No
where
is
:he phrase
Sourr:e
Code def
necl
or
explained. The rest
of
the warrant deals
with
the search and si·izure
of
all
of y computer
eqt ipment, electronic media, software
without limitation.
4. As a r·oignant example
of
the way that the search was conducted, and the
indisc-im1nate way· hat property was seized
without
regard for whether it fell
within
thP •.cope :Jf the
- I -
8/20/2019 2006-03-10 - Dennis Montgomery Declaration (In re Search of 12720 Buckthorne Lane)
http://slidepdf.com/reader/full/2006-03-10-dennis-montgomery-declaration-in-re-search-of-12720-buckthorne 3/4
Case 3:06-cv-00263-PMP-VPC Document 21-3 Filed 03/10/06 Page 4 of 5
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.
7
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/
:. .8
I
I
,I
,i
searer warrant,
thr =Bl
seized numerous photographic slides
of my
daughter, who modeled for
Playboy. While those pictures might have some prurient interest for the
FBI,
such personal
iten1s
could hardly
be
called trade secrets.
5
The =s1 entered the residence with several sealed boxes.
Wher
I asked what was
inside the boxes to · ~ n s u r that the boxes were empty Special Agent West stated, You dc·n't have a
right lo
know
that.' nly after approximately thirty minutes, while the FBI searched my 1ome, did
the FBI
allow
me to finally contact my lawyer. Over the next four hours the FBI rummag2d through
our
house, remowc our property, and excluded me and my counsel from the home.
6. More•Jver, I had parked his car in the driveway at the beginning
of
the search. After
identifying themselves
as
FBI agents there pursuant to a search warrant, Agent West to1d me that I
could not leave m•1 car in the driveway and commanded me to move it into the garage iri a very
threatening
mannrt.
Having no choice but to obey, after obeying this command. Agent 'Nest
contended that it w1s now within the house and subject to search, and seized my laptcp computer
sitting on the seat
oi
the car.
7. After the search, Agent West provided an inventory of seized items appare1tly
prepared
by
Agent Nest. However, the inventory is
woefully
overly broad, not reflEctive of the
actual materials sei,:ed, such as, for example, the photographs of my daughter.
8.
On.,,,. about March 4, 2006 I also became aware
of
the fact that Agent w.,st
has
searched certain stc:rage units
as
well.
After the search, the Government left a copy of an inventory
of
seized items
prq
1ared
by
Special Agent West at the storage units. The
stor,>ge
units were left in a
shambles, boxes
ni ked
attorney-c lient priv ileged were upended and rifled through, a1d several
discs containing rr:\ own copyrighted computer programs spanning twenty years in the compu:er
industry and
foe
woich I hold numerous copyrights were missing and/or damaged.
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8/20/2019 2006-03-10 - Dennis Montgomery Declaration (In re Search of 12720 Buckthorne Lane)
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Case 3:06-cv-00263-PMP-VPC Document 21-3 Filed 03/10/06 Page 5 of 5
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9.
Al tho
gh
I heard Agent West tell my attorney that the search was to "find classified
documents for lhe safety of our country, and to recover eTreppid's trade secrets," I
was
the only
individual
at
e T r e ~ : p i d
with the necessary security clearance to
view
or receive classified material. In
fact, the only classiiied material that I believe was ever left at eTreppid was 1 l compact c scs that
Warrt'n Trepp insi:';ied be kept in his personal safe for which only he had the combination. The last
time
that I saw t h o ; ~ discs was in Trepp's
safe
at eTreppid.
I declare unr er penalty of perjury under the laws of the United States and the State of Nevada
that the foregoing
is
true and correct. Signed this
11) h
day
of
March, 2006 at Reno, Neva )a.
s ; n ~ ~
D e n n i ; ~ g o r r y
_
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