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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MAR I 0 2006

Michael J. Flynn, Eq., Mass. State Bar No.: 172780

Philip H. Stillman, fsq., California State Bar No.: 152861
Flynn & Stillman
224 Birmingham D1ive, Suite 1A4
Cardiff, CA 92007
Phone: 888-2 3 5-4 :1 79
Fax: 888-235-4279
Admitted Pro Hae \lice in related Federal Case No. 3:06-cv-0056-BES-VPC

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UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF NEVADA

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i In the Matter of the ~earch of:

15 ' 12720 B\JCKTHORN LANE, RENO, NV

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and

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888 MASTRO DRIVE, RENO, NV, STORAGE )
1E , UNIT NUMBERS 36, 140, 141, 142, AND 143 )
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CASE NO.: 3:06-MJ-0023.YPC

DECLARATION OF DENNIS MO~ T'.:;OMERY

IN SUPPORT OF MOTIONS TO UNSEAL
SEARCH WARRANT MATERIALS; RJ:TURN
PROPERTY PURSUANT TO RULE 41 (G); ;,ND
TO SEGREGATE PRIVILEGED MA--ERIAL

Case 3:06-cv-00263-PMP-VPC Document 21-3 Filed 03/10/06 Page 3 of 5

DECLARATION OF DENNIS MONTGOMERY

I, Denni:' Mc:ntgomery, declare:

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I am <Ner the age of 18 and a party to two civil actions involving Warren T1epp. I was

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a target of two seach 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.

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On //larch 1, 2006, the FBI, with sledgehammer in hand, entered my home and

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threatened to smash open my safe if I did not open it. Although I immediatel)' sought to =all my

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attorneys, the FBI rpfused to allow me to make a telephone call, and took my cell phon2 :rom me.

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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

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told lhe agent that I would not speak with him and wanted to call my la"'Y'er. In all. the FBI refused

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over five (5) reque;ts for me to speak to my lawyer, while they began the sear:h, and altempted to

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interrogate me des~ite each repeated request to speak with my lawyer.

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3.

Special Agent West provided a copy of the search warrant to me before commencing

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the search at Bucklforn. Attachment B to the search warrant for the Buckthorn residence directed

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the officers executirg the search warrant to search for and seize property. Item 1 "Any Back Lianli

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Central Processing lJnit (CPU)" was not found. Item 2, "Any Ultra Storage eight hard dri1e RAID

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storage unit with .a specific Model number" was not found. Paragraphs 3-6 of the warr<m' sought a

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host of documents< ealing with "potential investors in the Source Code." No where is :he phrase

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"Sourr:e Code" def necl or explained. The rest of the warrant deals with the search and siizure of all

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of my computer eqt ipment, electronic media, software without limitation.

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4.

As a roignant example of the way that the search was conducted, and the

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indisc-im1nate way hat property was seized without regard for whether it fell within thP .cope :Jf the

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Case 3:06-cv-00263-PMP-VPC Document 21-3 Filed 03/10/06 Page 4 of 5

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

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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 ~nsure that the boxes were empty Special Agent West stated, "You dcn't have a

right lo know that.' Only 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

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our house, remowc our property, and excluded me and my counsel from the home.

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MoreJver, I had parked his car in the driveway at the beginning of the search. After

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identifying themselves as FBI agents there pursuant to a search warrant, Agent West to1d me that I

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could not leave m1 car in the driveway and commanded me to move it into the garage iri a very

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threatening mannrt. Having no choice but to obey, after obeying this command. Agent 'Nest

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contended that it w1s now within the house and subject to search, and seized my laptcp computer

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sitting on the seat oi the car.

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7.

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After the search, Agent West provided an inventory of seized items appare1tly

prepared by Agent 'Nest. However, the inventory is woefully overly broad, a~d not reflEctive of the

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actual materials sei,:ed, such as, for example, the photographs of my daughter.

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On.,,,. about March 4, 2006, I also became aware of the fact that Agent w.,st has

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searched certain stc:rage units as well. After the search, the Government left a copy of an inventory

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of seized items prq 1ared by Special Agent West at the storage units. The stor,>ge units were left in a

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shambles, boxes ni&ked "attorney-client privileged" were upended and rifled through, a 1d several

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discs containing rr:\ own copyrighted computer programs spanning twenty years in the compu:er
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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 eTre~:pid with the necessary security clearance to view or receive classified material. In

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fact, the only classiiied material that I believe was ever left at eTreppid was 1 Cl compact c iscs, 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 tho;1~ 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.

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/s/;n~~-Denni;~gorr#y

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