2006-03-10 - dennis montgomery declaration (in re search of 12720 buckthorne lane)

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 2 of 5

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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

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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····

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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:

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' 12720 B\JCKTHORN LANE, RENO, NV

16 and

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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 )

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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

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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.

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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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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

_

2006-03-10 - dennis montgomery declaration (in re search of 12720 buckthorne lane)

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