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Exhibit A

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IN THE UNITED STATES DISTRICT COURT


FOR THE SOUTHERN DISTRICT OF FLORIDA
DENNIS L. MONTGOMERY
Plaintiff,
v.
HOUGHTON MIFFLIN HARCOURT
PUBLISHING COMPANY
and

Civil Action No. 1:15-cv-20782-JEM

HMH HOLDINGS, INC.


and
JAMES RISEN, an individual, Author
Defendants.
SECOND DECLARATION OF PLAINTIFF DENNIS MONTGOMERY IN SUPPORT
OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION CHALLENGING
FLORIDA JURISDICTION AND VENUE
Pursuant to 28 U.S.C. 1746, I, Dennis Montgomery, hereby declare under penalty of perjury
that the following is true and correct:
1) I am over the age of 18 years old and mentally and legally competent to make this
affidavit sworn under oath1, despite having suffered a brain aneurism and serious
related health issues. See Exhibits 1, 2, and 3, attached to this affidavit.
2) Reporter James Risen of The New York Times, publisher Houghton Mifflin Harcourt
Publishing Company, and HMH Holdings, Inc., published a book Pay Any Price:
Greed, Power and Endless War in October 2014 (hereinafter the Book). See
1

My prior declaration is attached and incorporated substantially into the Amended


Complaint. The prior declaration should be read in conjunction with this Second Declaration.

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Amended Complaint 14-15, 30.


3) In Chapter 2 of the Defendants Book, James Risen, Houghton Mifflin Harcourt
Publishing Company, and HMH Holdings, Inc. lie about me and libel and slander me
maliciously and extensively.
4) Chapter 2 involves me, and James Risen focuses almost exclusively on defaming me
alone to sell copies of the Book in marketing interviews. Having read the Book, I
find that I am used by Risen as the centerpiece, that is the Defendants defamatory
punching boy, to sell books. Risen conspicuously and intentionally downplays the
many other events and incidents in the Book and focuses almost exclusively on
defaming me when promoting his Book for sales in Florida and elsewhere. See
Amended Complaint 41-42.
5) Whereas, the Defendants, especially Houghton Mifflin Harcourt Publishing
Company, have great resources and no doubt have errors and omissions insurance
to finance their legal defense, I have no money or resources at all. I lost my house in
foreclosure. The Defendants will be more than able to afford to litigate the claim in
Florida, particularly since two mega-law firms represent them.
6) My finances, employment, career and business opportunities have been severely
devastated and destroyed by the knowingly, and at a minimum recklessly, false and
misleading statements made by the Defendants, contributing to the loss of my
previous house in foreclosure and driving me into poverty just at the time I have also
been diagnosed with serious medical problems.
7) The Defendants knowingly and at a minimum recklessly published defamatory and
false and misleading statements which are not opinion or hyperbole and are not fair

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reporting of their sources or public records. The Defendants have not engaged in fair
reporting, but published extremely lopsided and unbalanced, falsified and defamatory
statements in which they knowingly and/or recklessly distorted and falsified the
information available to them. Importantly. the defamation is specifically false and
misleading in factually verifiable terms, including in that:
8) Defendants published defamatory material and statements from alleged confidential
U.S. Government sources in the intelligence and military communities. The false and
misleading statements obviously did not result from fair reporting of previously
published material, as they falsely and conveniently claim in their motions to dismiss
and related pleadings. They admit that on page ix of the Book by stating: Many
people have criticized the use of anonymous sources. Yet all reporters know that
the very best stories the most important, the most sensitive rely on them. This
book would not be possible without the cooperation of many current and former
government officials and other individuals who were willing to discuss sensitive
matters only on the condition of anonymity. See Amended Complaint 59-64.
Already, counsel for Defendants have misled this Court and stated on the record that I
am not a registered voter in Florida. Incredibly, this false statement was made under
oath by defense counsel Laura Handman of a large District of Columbia national law
firm that had the resources to check this out with Miami-Dade County Elections
Miami-Dade Portal.
Therefore, Risens Book is not a fair report of prior reports or public information.
Indeed, quite the contrary. It is a big selling point of Defendants Book that it
publishes new information that had never been accessible or published before,

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specifically revealing inside information, however falsified, from U.S. Government


sources. That appeal of revealing inside information previously unknown from U.S.
Government sources is exactly why the Book is a bestseller in Florida and elsewhere,
particularly given that Florida is at the center of U.S. counterterrorism military and
intelligence operations, as I testify to below.
9) Defendants are simply flat-out lying concerning what many of their sources in the
U.S. Government tell them. As presented in my affidavit to then U.S. District Judge
Brian Sandoval (now Governor of Nevada) on October 30, 2006, attached as Exhibit
4, especially on pages 11 to 15, the U.S. Government always independently tested
and verified my results, including that my software and technology frequently
predicted ahead-of-time terrorist attacks that did in fact later occur at the place and on
the date my data predicted. For example, as I stated in October 2006 in the affidavit
on pages 14-15, In early 2005, the Air Force contracted with an independent
consulting contractor who verified that there was, in fact, embedded patterns inside
the Al Jazeera signals, but that the consultant was unable to decode the encryptions.
Exhibit 4. The U.S. Government independently tested and confirmed my work. Realworld events accurately predicted by my software and technology ahead of time
confirmed my work. Therefore, based on all of my personal interaction with U.S.
Government officials and personnel who have any knowledge of my work, Defendant
Risen is knowingly and intentionally lying about, twisting, and distorting what his
claimed sources say about me and my work. See Amended Complaint 48-49.
10) The substance of the Defendants defamation is to blame me as a private citizen for
the actions and failures of U.S. Government officials. Defendants could not

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reasonably trust any sources of negative information about me from sources that
Defendants know are shifting the blame for their own actions to me as a scapegoat.
See Amended Complaint 50-51; 80-81.
11) Defendants defamed me with knowledge of their false statements or at a minimum a
reckless disregard to the truth and biased reporting because the Defendants actually
know that Warren Trepp has never been required to pay back any of the $30 million
that eTreppid received from the U.S. Government nor offered to pay any of it back
nor has the U.S. Government asked for any of the money back.
12) James Risen and the other Defendants actually know that their defamation of me is
false and misleading. If eTreppid received $30 million from the U.S. Government for
the use of my software and technology that was a fraud or a hoax, eTreppid would
have had to pay the money back to the U.S. Government. See Amended Complaint
106, 130.
13) Risen and the other Defendants know that if Trepp actually believed that eTreppid
had received $30 million as payment for my work that was fraudulent, a con, or a
hoax, Trepps lawyers would be offering to return the $30 million and to cut a deal to
keep Trepp out of jail.
14) Risen and the other Defendants know that my software and technology actually works
from their alleged sources if they are genuine and is valuable, which is why
eTreppid has not been required to pay any of the $30 million back. See Amended
Complaint 146, 151.
15) Defendants defamed me with knowledge of their falsity or at a minimum a reckless
indifference to the truth and biased and dishonest reporting because they knew that

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Warren Trepp controlled the company eTreppid and kept the money, yet accuse me
defrauding and conning the U.S. Government.
16) Defendants defamed me with knowledge of their false, published statements or at a
minimum demonstrated a reckless indifference to the truth and biased and dishonest
reporting because they knew that Trepp negotiated with the U.S. Government and
entered into the contracts, yet they accuse me of defrauding and conning the U.S.
Government. See Amended Complaint 12, 46.
17) Defendants defamed me with knowledge of their false published statements or at a
minimum a reckless indifference to the truth and biased and dishonest reporting by
claiming that I fabricated intelligence to make money. In fact, eTreppid was paid for
software work and analysis to fulfill the CIAs concerns, not paid contingent upon
results or conditional upon finding any terrorist threats. Defendants had no reason to
recklessly presume that eTreppid made money contingent upon results. See Amended
Complaint 192.
18) Defendants defamed me with knowledge of their false published statements or at a
minimum demonstrated a reckless indifference to the truth and biased and dishonest
reporting because my software and technology did work, does work, and is still being
used today successfully by the U.S. Government.2 See Amended Complaint 99.
19) In fact, the Defendants ignore and intentionally omit my ten (10) patent applications,
which attest to and show my expertise. See Amended Complaint 62.
20) Defendants defamed me with knowledge of their false published statements or at a
minimum demonstrated a reckless indifference to the truth and biased and dishonest

Obviously, software goes through various versions of improvements.


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reporting because the U.S. Government independently tested and verified the results
of my software and technology. The U.S. Government did not rely upon my word
alone. See Amended Complaint 135.
21) The data detected by my software and technology did predict in advance actual
terrorist incidents and/or meetings, confirming that my work was legitimate. See
Amended Complaint 206.
22) Defendants defamed me with knowledge of their false, published statements or at a
minimum demonstrated a reckless indifference to the truth and biased and dishonest
reporting by simply assuming without any reason that the U.S. Government did not
independently confirm the results of my work. See Amended Complaint 48.
23) Defendants defamed me with knowledge of their false published statements or at a
minimum demonstrated a reckless indifference to the truth and biased and dishonest
reporting by manufacturing, without any reason, that I could fake results without me
believing that the CIA, Defense Intelligence Agency (DIA), NSA, and/or U.S.
military would check if my data accurately predicted events in the real world. The
Defendants story presupposes that I could know that no one would check the validity
of my work. Id.
24) Defendants defamed me with knowledge of their false published statements or at a
minimum demonstrated a reckless indifference to the truth and biased and dishonest
reporting because I and the companies I worked with had equal or better opportunities
to provide my services to private sector companies, and had no need to work for the
U.S. Government to make the same amount of money or more. Defendants had no
reason to publish false statements, with knowledge or at a minimum recklessly, that

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the U.S. Government contracts were any more profitable than my other, private sector
opportunities. Defendants purposefully and falsely publish that my work for the U.S.
Government was more profitable than my other options. See Amended Complaint
46.
25) Defendants defamed me with reckless indifference to the truth and biased and
dishonest reporting by claiming that I persuaded the President, George W. Bush, to
ban international passenger aircraft from entering U.S. airspace and nearly shoot
down passenger aircraft rather than the President of the United States making his own
decisions. The Defendants could not rationally believe that an unknown private
civilian caused the President of the United States to ground international flights.
Such decisions are the responsibility of the President and his national security team,
not my role. See Amended Complaint 66; 75.
26) Defendants defamed me with knowledge of their false published statements or at a
minimum demonstrated a reckless indifference to the truth and biased reporting
because the records and documents that the Defendants purport to be reporting from
demonstrate that Michael Flynn, Tim Blixseth, and Warren Trepp all went to
extraordinary and expensive efforts to obtain ownership of my work as being
extremely valuable, while simultaneously claiming that my work had no value.
27) The documents that the Defendants claim to be reporting on make unmistakably clear
that Trepp, Flynn and Blixseth by their various actions believed my software and
technology actually worked and had enormous value. The Defendants knew from the
documents that Trepps, Flynns and Blixseths actions contradicted their words.
Defendants knew that by talking down the value of the technology and software and

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attacking me, Trepp, Flynn, and Blixseth were seeking to gain leverage so as to
obtain ownership of my intellectual property at a lower price. See Amended
Complaint 245.
28) Defendants actually knew from the documents and information they claim to be
reporting on that the Defendants could not believe the words of Trepp, Flynn or
Blixseth, or their employees, because their words are sharply contradicted by their
actions.
29) Furthermore, Michael Flynn, Tim Blixseth, and Warren Trepp were attempting to
invoke the fraud exception to bankruptcy laws to invalidate my bankruptcy, and
therefore the Defendants knew that they had motives to fabricate or embellish their
accusations against me.
30) The public records that the Defendants claim to be relying upon though voluminous
overwhelmingly contradict the Defendants defamation of me.
31) Defendants defamed me with knowledge of their false published statements or at a
minimum demonstrated a reckless indifference to the truth and biased and dishonest
reporting with the technically absurd and obviously false statement that The French
company said that there were simply not enough pixels in the broadcasts to contain
hidden bar codes or unseen numbers. See Amended Complaint 130. This French
private company is never identified, of course. Id.
32) The Defendants Chapter 2 of the Book which smears me depends centrally on the
proposition that there is not enough data space within a video signal to contain hidden
codes, and therefore my work was a fraud and a hoax and I conned the U.S.
Government by claiming that video signals contained hidden data.

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33) Defendants defamed me with reckless indifference to the truth and biased and
dishonest reporting by falsely claiming that I claimed the data was contained only in
the crawl at the bottom of the screen. By diverting attention to only the crawl
Defendants intentionally and knowingly engage in biased and misleading defamation.
34) Defendants defamed me with reckless indifference to the truth and biased and
dishonest reporting by saying that I claimed the data was a bar code. By diverting
attention to a bar code Defendants intentionally and knowingly engage in biased and
misleading defamation.
35) Defendants defamed me with reckless indifference to the truth and biased reporting
by claiming a television signal could not contain such simple data as latitude and
longitude coordinates, consisting of only six numbers and two letters (East or West
longitude, North or South latitude), plus a date, hidden within the signal.
36) A video signal contains an enormous amount of data. The reason my data
compression technology was valuable is because a video signal consumes a
tremendous amount of transmission band with and storage space.
37) No reputable or honest person could claim or believe, much more falsify information,
that a television video signal cannot contain the hidden data that I uncovered and
reported to the U.S. Government.
38) Either the Defendants actually know that their defamation of me is false, because
codes can be hidden within video signals, or the Defendants based their entire
Chapter 2 on a total failure to research or investigate one of the most central
lynchpins of their entire reporting. Defendants either know that a video signal can in
fact contain the hidden data I found or made no attempt to investigate if it can, before

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they simply intended to defame me. See Amended Complaint 65, 177, 223.
39) Meanwhile, the Defendants claim that I sought publicity in the news media with
regard to then Congressman and later Governor Jim Gibbons.
40) That is false. In fact, I filed a False Claims Act lawsuit on the advice of counsel,
which was filed under seal in court.
41) Eventually, the court unsealed the lawsuit documents.
42) When the documents were unsealed in court, the news media began to report on what
was said in those court documents.
43) I did not seek news coverage or publicity about the Gibbons issue. See Amended
Complaint 25-28.
44) Eventually, when news interest grew strong, on the advice of counsel at the time, and
the business owner Edra Blixseth, I finally relented and was forced to succumb to
requests for comment and granted only one (1) interview with NBC News, which I
recall lasting about 45 seconds to one minute on the air.
45) On page 8, the Defendants rely upon an article in The Wall Street Journal titled
Congressmans Favors for Friend Include Help in Secret Budget. However, I did
not seek that news coverage or play any role in causing that news coverage.
46) On page 8, the Defendants rely upon an article in The Wall Street Journal titled
Nevada Governor Faces FBI Probe Into Contracts. However, I did not seek that
news coverage or play any role in causing that news coverage.
47) On page 9, the Defendants refer to an article in Bloomberg News titled Yellowstone
Club Divorcee Entangled in Terrorist Software Suits. However, I did not seek that
news coverage or play any role in causing that news coverage.

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48) On page 9, the Defendants refer to an article in Playboy in 2010. However, I did not
seek that news coverage or play any role in causing that news coverage.
49) On page 10, the Defendants refer to an article in The New York Times in 2011.
However, I did not seek that news coverage or play any role in causing that news
coverage.
50) On page 9, the Defendants refer to an article in Defense News Obamas
Counterterrorism Czar Gave Bogus Intel to Bush white House in 2012. However, I
did not seek that news coverage or play any role in causing that news coverage.
51) Nevertheless, the Defense News article does alert the Defendants to the fact that U.S.
Government officials sought to falsely and misleadingly shift blame to a scapegoat,
me.
52) On September 28, 1998, Warren Trepp and I co-founded eTreppid Technologies
(eTreppid) based on a Contribution Agreement of that date in which we agreed
to own the LLC in equal 50% shares. Trepp put up money and Montgomery
conveyed his software compression technology contained on CD No. 1 to eTreppid.
The business plan of eTreppid and the application of the compression technology
was to compress VHS video tapes used for surveillance in casinos for archiving and
more efficient storage. Over the preceding 20 years I developed and copyrighted
other types of software technology, including but not limited to Object Detection
software which is a crucial component of, among other things, colorizing black and
white movies. In order for the computer to add color, it must be able to recognize
individual objects in the movie which are moving in three dimensions, (that is
moving toward or away from the camera and changing in apparent size), aspect angle,

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orientation, etc. This was not conveyed to eTreppid and which, per the terms of the
Contribution Agreement, was expressly excluded. Shortly after the formation of
eTreppid, Montgomery offered to sell one part of his Object Detection System
(ODS) software to Trepp for the sum of ten million dollars, which Trepp rejected.
See Amended Complaint 80-81.
53) As reflected in a form SF-95 Attachment A prepared by me with my then attorney
Michael Flynn for presentation to the U.S. Government, Beginning on or about
November 2002, on behalf of the US Air Force, Montgomery began work on military
applications of his technology at Eglin Air Force base to demonstrate the application
of his technologies in the war on terror.
54) I am a citizen of the State of Florida, with a residence in an apartment community in
Miami, Florida. I have reported my address under seal for security reasons.
55) I am registered to vote in Florida. See Exhibit 9. I previously had a temporary address
while settling on the permanent address that I have now. I have updated my voter
registration to reflect my current Miami address.
56) I have reviewed the affidavit of defense counsel Laura Handman attached to the
Defendants initial motion stating that I had not registered to vote in Florida. The
Defendants affidavit is false. I am registered to vote in the State of Florida, and have
now updated my voter registration with my new address.
57) I found on the website of the publisher Houghton Mifflin Harcourt, that the publisher
Houghton Mifflin Harcourt Publishing Company maintains permanent and general
offices in Orlando, Florida at 9400 Southpark Center Loop, Orlando, Florida 32819.
See Exhibit C, attached to the Opposition, which I downloaded from the Defendant

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publishers website at http://www.hmhco.com/about-hmh/our-offices. These are


statements made by the Defendants about themselves.
58) On the website of the Florida Department of State Division of Corporations I found
that Defendant Houghton Mifflin Publishing Company is registered to do business in
Florida through the Florida Department of State Division of Corporations. See
Exhibit D, attached to my Opposition to the Defendants motion concerning Florida
jurisdiction and venue, which I downloaded from the Florida Department of States
website.
59) As shown in those Florida government documents, in 2008 Defendant changed its
name from Houghton Mifflin Harcourt to Houghton Mifflin Publishing
Company. Id. These are statements made by Defendants about themselves.
60) My research of the publisher also uncovered that Defendants rely significantly upon
sales in the Southeast of the United States through a company Amazon for very
substantial sales over the internet. Not coincidentally, Amazons regional distribution
centers or fulfillment centers are located in Ruskin, Florida in Hillsborough County
and Lakeland, Florida, in Polk County. Florida is the largest state in the South East
and the third largest in the nation. See Exhibit E, attached to my Opposition.
61) Much of the defamation which my lawsuit contests is contained within the physical
product physically shipped into Florida for sale, the Book written by James Risen and
published by Houghton Mifflin Harcourt Publishing Company.
62) In 2012, Edra Blixseth brought Chris Pipes, from the U.S. Special Operations
Command (SOCOM) from MacDill Air Force Base in Florida to our Palm Desert
offices. SOCOM was interested in pursuing object tracking, mass surveillance, and

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research on cloaking technologies. Chris Pipes met at our facility, with a


representative of the CIA. While he was in our building, Chris Pipes then received a
telephone call from SOCOM in Florida, and then told us that SOCOM could not
pursue the technology because of what was written about me in the news media. See
Exhibit 8.
63) The Defendant author James Risen actually knew or should have known that most of
my work was with U.S. Government entities in Florida and the contracting offices for
my work are in Florida. A competent Pulitzer Price winning New York Times
reporter who wrote the Book over a four-year period from 2011 through 2014 would
have reviewed the Wall Street Journal article from November 1, 2006, attached,
which includes the explanation:
Source of Secret Funds
One source of secret funds for eTreppid and other companies is the
Special Operations Command. Based in Tampa, Fla., the command
fields special-operations military and intelligence forces around the
globe and is at the forefront of the fight in Iraq and Afghanistan. It
has also been rocked by a criminal investigation of a former
contracting officer. The investigation is continuing, according to a
spokesman for the U.S. attorney in Tampa.
In a separate inquiry, Pentagon investigators last year found
evidence that the command kept special accounts for "unrequested
congressional plus-ups," or earmarks. The plus-ups were used to
reward lawmakers with projects in their districts, according to
declassified investigators' notes reviewed by The Wall Street
Journal. The Pentagon's inspector general closed the inquiry after
finding that the accounts weren't illegal.
Mr. Trepp said eTreppid won classified work on its merits and
already had a number of government contracts before Mr. Gibbons
starting making introductions on the company's behalf. Mr.
Gibbons's campaign manager, Robert Uithoven, said the
congressman has been a strong supporter of new defense
technology, particularly after 9/11. But he said there was "no quid

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pro quo whatsoever" for contributions from contractors. And while


some funding was secret, "it was because of the sensitive nature of
the work," Mr. Uithoven said, not to avoid public scrutiny.
For Mr. Trepp, eTreppid's success at winning multimillion-dollar
federal contracts marks a comeback from his Drexel days. He sat at
Mr. Milken's right arm on the firm's famous X-shaped trading desk
in Beverly Hills, sometimes trading as much as $2 billion in
securities a day. Federal regulators filed a civil securities-fraud
claim against him in 1995, and a Securities and Exchange
Commission administrative judge found that his violations had
been "egregious, recurring and intentional." But she dismissed the
proceeding against him, noting that the allegations were old and he
had left the securities business years earlier.
64) This article and dozens of others, as well as court documents, caused Risen to know
or he should have known upon reasonable inquiry over four years that Warren Trepp
was furiously trying to take ownership of my software and technology, which directly
calls into question his self-serving claims that the software and technology he was
trying to acquire rights to was worthless. The same article also reports:
Mr. Gibbons also got other, unreported gifts of cash and casino
chips from Mr. Trepp, according to sworn testimony in a civil
lawsuit brought by a former executive at eTreppid, Dennis
Montgomery. The suit, filed in February in federal court in Reno,
involves a dispute between Messrs. Trepp and Montgomery over
the rights to certain software code. .
The suit has raised alarms in Washington because of concern that
national secrets will be revealed if it goes to trial. For example, one
of the entities that funded eTreppid is code-named Big Safari and
is a classified program, documents in the case show. The nation's
top intelligence official, John D. Negroponte, recently filed a
statement with the court seeking to seal the case. He wrote that
after personally reviewing the matter, he has concluded that
disclosure of some information connected with the case could do
"exceptionally grave damage" to national security.
65) My greatest opportunities for employment, business, and/or an income are at either
Macdill Air Base near Tampa, Florida and Eglin Air Force Base near Fort Walton

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Beach, Florida.
66) As a result, I had had longstanding plans from years past to settle in Florida, in part
because of my failing health and desire to enjoy Florida at this stage in my life.
Florida also has no personal income tax, making it a great place to boost and save
income for eventual retirement. This is also why most military personnel choose
Florida as their home state and residence, which they have the unbridled right to do
under military regulations. This military readership is why Florida is one of the most
important markets for Defendants to sell books.
67) In 2011, I incorporated a business with a partner in Florida to contract with the
military and U.S. Government at bases in Florida to continue the same type of
services and software and technological work that I had performed under eTreppid
and BLXWARE. This business was named Alex James LLC, which I incorporated
through the Legal Zoom service company.
68) Exhibit N attached to my Opposition to the Defendants motion presents the papers I
processed through the Legal Zoom company and my payment information paying
for the company in Florida in 2011.
69) As an expert in national security issues, Defendant James Risen knows that the war
in Afghanistan was run largely from Florida electronically and by drone controllers
located in Florida. General Tommy Franks rarely set foot in Afghanistan but fought
the war from U.S. Air Force Bases in Florida. See Amended Complaint 73.
70) Defendant James Risen also knows that the U.S. military leadership and personnel are
concentrated mainly in Florida, secondarily in California, and thirdly in Texas.
Because U.S. military servicemen can easily and by right choose their State of

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residence despite being deployed, Floridas lack of an income tax makes Florida a
very attractive state for U.S. servicemen, often poorly paid. As a result, many of the
nations top military leaders, current and former, choose Florida.
71) Defendant Risen knew in publishing the Book that Florida is an enormous market as
the nations now third largest State, including with many retirees with more time to
read books than the average American.
72) The team on which I worked had contracts directly with the intelligence agencies at
the military bases in FLORIDA. I have video showing the work. The contracting
officers are out of those military bases, many of which are classified. I met and
worked with CIA officials in Florida at various military bases. However, I cannot
identify the exact units stationed at those bases, which is classified information.
73) We at eTreppid and later BLXWARE did most of our work with units stationed at
MacDill Air Force Base and Eglin Air Force Base, whose identity is secret. See
February 14, 2004, Order for Supplies or Services attached, with the Ship To
address of UQ USSOCOM/SOAL-SP (Mohr), 7701 Tampa Point Boulevard, MacDill
Air Force Base, Florida 33621.
74) Most of the payments for our work, the work I did for eTreppid and later
BLXWARE, came out of the CIA offices in Florida and SOCOM, the U.S. Special
Operations Command of the U.S. military at Macdill Air Force Base, Florida.
75) The U.S. Southern Command of the U.S. military is located in Dade County, Florida,
at 9301 NW 33rd Street, Doral, Fla. 33172, having telephone switchboard telephone
number (305) 437-1000. See Exhibit 5, attached.
76) The U.S. Central Command (CENTCOM) of the U.S. military is located at MacDill

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Air Force Base near Tampa, Florida. See Exhibit 6, attached.


77) Relating to my work conducting surveillance of international communications, major
fiber optics cables run from Florida across the ocean, which is partly why my work
opportunities for my experience and capabilities are in Florida.
78) I intend to call witnesses who can testify that my defamed software and technology
does indeed work and is not a hoax personnel based at Macdill Air Base near Tampa,
Florida and at Eglin Air Force Base near Fort Walton Beach, Florida, where I did a
lot of his work, as some of my most significant witnesses. The organizational units
housed at Macdill and Eglin used my software, technology, and work extensively
during the time period addressed by Defendants defamation of me. Those witnesses
can prove that the defamatory statements about me are false.
79) Relevant officials at Macdill and Eglin (and all facilities that my work has provided
services to anywhere) make their own contracting decisions and do not rely upon
contracting offices in Washington, D.C., nor even at the Central Intelligence Agency
in Langley, Virginia, the Pentagon in Arlington, Virginia, or the National Security
Agency in Fort Meade, Maryland.
80) Potential witnesses in this case, with whom I have worked, are largely in Florida,
including:
Goss, Porter, former Director of CIA, now in Miami, Florida
Johns, Ken, Macdill AFB, Florida
Lyons, XXXXX, Macdill AFB, Florida
Macbeth, W. Rhys, Eglin AFB, Florida
Nazelrod, Craig, Eglin AFB, Florida
Pipes, XXXXX, Macdill AFB, Florida
Roche, James, Macdill, Florida
Rumsfeld, Donald, now in Florida
Stillman, Phillip, Attorney for Dennis Montgomery, now in Miami, Florida
Madden, Tom, Boca Raton, Florida

19

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Olivia, Adrian, Eglin AFB, Florida


Bartholomew, Mary L, Eglin AFB, Florida
Fiamengo, Nicholas A, Eglin AFB, Florida
Freeman, Gregory J, Eglin AFB, Florida
Savage, Cynthia, Eglin AFB, Florida
McCool, John C, Eglin AFB, Florida
Temple, James K, Eglin AFB, Florida
Griffin, Susan M., Macdill AFB, Florida
Russell, Deborah, Macdill AFB, Florida
Nettelhorst, Doug M, Macdill AFB, Florida
Stallworth, Hugh T, Macdill AFB, Florida
Bob McCaskey, Macdill AFB, Florida
Crutchfield, Chris, Macdill AFB, Florida
Melnyk, Michael S., Macdill AFB, Florida
Lopez, Tina M, Macdill AFB, Florida
Cerny, Jeffrey D., Macdill AFB, Florida
Muccio, Anthony B., Eglin AFB, Florida
McKinney, Scott E Lt.Col., Eglin AFB, Florida
Purvis, Brad Civ, Eglin AFB, Florida
Kirsch, Jim', Eglin AFB, Florida
Hughes, Stacey L, Eglin AFB, Florida
81) Ultimately, I became aware that James Risen had published these false reports in the
Book and that Risen was conducting a nationwide publicity campaign, particularly
aimed at Florida, to sell the Book.
82) I heard and watched James Risen repeatedly in national television and radio
interviews discussing his book but primarily about me, mostly ignoring the rest of his
Book in those interviews while attacking me as a private individual.
83) In radio, television, and newspaper interviews, James Risen mainly focused on
libeling and slandering me in order to sell the Book.
84) Risens appearances on radio and television were not just commentary but attempts to
stimulate and promote the sale of books inside Florida and elsewhere.
85) Risen was speaking on radio and television to move books off of Florida bookstores
and shelves and to the checkout counter in Florida.

20

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86) The defamation by Defendants of me is not a criticism of the U.S. Government in the
District of Columbia, but excuses the U.S. Government as an innocent and
unsuspecting victim, while blaming and defaming me. Therefore, the U.S.
Government has not suffered harm within Washington, D.C.
87) I had relatively little contact with the U.S. Government in Washington, D.C. It was
the companies that I worked under, eTreppid and later BLXWARE, who contracted
with regional offices at various U.S. Government bases or facilities. I interacted
almost entirely with technical people pursuant to the contracts.
88) It was Warren Trepp and later Edra Blixseth who used their contacts with the U.S.
Government to seek and arrange contracts for our work. I did not persuade the U.S.
Government to hire me, Trepp and Blixseth did. My own interaction with offices or
officials in the Washington, D.C. area was very limited because I was not the one
running the companies nor primarily interacting with the U.S. Government.
89) Starting as early as 2011, I was contacted by James Risen asking about my secret
work under contract for the U.S. Government in support of anti-terrorism efforts.
90) I see that in James Risens Declaration attached to the Defendants Motion to
Dismiss, Risen states that he has been working on the Book since 2011.
91) I continually provided numerous warnings, in writing, to James Risen that the claims
he mentioned and later published in October 2014 in the Book are false.
92) However, James Risen attempted to blackmail me by demanding that I provide
classified documents and information to him or else he would publish the false claims
that he later did publish in the Book. That is, when I warned him that the reports
were false, James Risen responded to me by telling me that he would not publish

21

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those false claims if instead I provided him with classified information and
documents. See Exhibit 7. That is, James Risen demanded that I commit multiple
crimes as the price for Risen not publishing the false reports about me. Of course, I
refused to be blackmailed into breaking the law as the price for being defamed.
93) Writers Aram Roston and James Risen were both after John Brennans information.
They both knew that I had worked for John Brennan. Exhibit 7.
94) Roston and Risen published false and defamatory information about me to try to
pressure me into releasing classified information about John Brennan and others in
the war on terror to them as the price for them telling the truth.
95) However, Roston and Risen knew that my work was real and legitimate, because they
sought to obtain secret and classified information from Brennan from me.
96) Roston and Risen published defamatory statements about me to punish and to
pressure that is, coerce me for not illegally disclosing classified information and
material to them.
97) In both cases, I told Risen and Roston I would have to turn over classified
information, a road I wasnt willing to go down. I was never what they were after.
They were writing these stories to hurt me so that I would provide classified
information about the various administrations. I was just their pawn.
98) Attached as Exhibit 7 are a few of my communications to James Risen, which I have
produced to Defendants as initial disclosures, informing him in advance of the
publication of the Book that his claims were not only false but preposterous and that
his sources were clearly unreliable.
99) In fact, on November 1, 2012, discussing the Book that he was then writing, I warned

22

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James Risen under the email address TheAgencyInsider@Hotmail.com that his


reporting was false including because Warren Trepp was the CEO of eTreppid and
kept all the money.
100)

Risen also promised in that same email thread: If you give us the Brennan

emails, we will write a story.


101)

However, this response was in the context of a long back-and-forth discussion

concerning the falsehood of Risens accusations against me.


102)

In fact, in a November 1, 2012, email thread, attached as Exhibit 7, which I have

produced to Defendants as initial disclosures, discussing the Book that he was then
writing, I warned James Risen under the email address
TheAgencyInsider@Hotmail.com that his reporting was false including because
Warren Trepp was the CEO of eTreppid and kept all the money. See Amended
Complaint 47.
103)

Risen also promised in the attached email thread, which I have produced to

Defendants as initial disclosures: As I said on the phone, I protect my sources. I


will never divulge the identify of my sources in a leak investigation. But I also have
to know that the source is telling me the truth. Jim Exhibit 7.
104)

So Risen admitted that it was his professional responsibility to determine that the

sources he used to defame me are telling the truth. But Risen did not do that. The
sources he relied upon were obviously not telling the truth, as is patently obvious.
105)

I warned James Risen concerning the falsehood of his reporting in that November

1, 2012, email thread, which I have produced to Defendants as initial disclosures,


attached:

23

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There is a reason the CIA and NSA were there, you must know
that.
Do you really think the government invoked the State Secrets
Priviledge from beiing embarrassed or conned? Negroponte in his
in camera declaration, if ever released, was spell it all of out.
They governemnt never wanted information to come out regarding
the other work. The program started out spying on terrorist, and
under Obama quickly moved to spying on Americans!! A program
which was started by Brennan in 2003 and continues to this day.
This technology is being used today to spy on Americans,
including candidate Romney.
I don't see you ever publishing that information? Exhibit 7.
106)

Furthermore, this November 1, 2012, exchange concerning Risens plans writing

the Book which was eventually published on October 14, 2014, was seven (7) months
before the revelations by Edward Snowden that mass surveillance of Americans was
occurring. Therefore, Risen actually knew in 2013 that I was telling the truth and was
being lied to by his so-called sources. My discussions with James Risen on
November 1, 2012, were proven true in mid-2013. Therefore, Risen had actual
knowledge that I was indeed a whistleblower and that the sources he relied upon were
falsely discrediting me to cover up wrong-doing. In this, of course, James Risen
distorted and falsified the real story.
107)

I made it clear to James Risen, in the phone call referenced in the email, that the

Obama administration used mass surveillance technology to alter the 2012 election in
FLORIDA, and that they will use the technology again in 2016!
108)

In June of 2012, in a telephone call, I told James Risen and Eric Lichtblau that

their information about me in their 2011 New York Times story was incorrect, and
they needed to correct it. I also made it clear that I was under a US Protective Order

24

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in Nevada, and a State Secrets Privilege order by the Director of National Intelligence
not allowing me to discuss my work. In addition, there were sealed documents still in
the Nevada case. I also made it clear, that the State secrets privilege was also issued,
to protect the work I did on domestic surveillance. I told them I knew they met with
my ex attorney Mike Flynn, for several days, in regards to their story, and suggested,
he had other motives for his conduct!
109)

I also made it clear in June of 2012 that I had a brain aneurysm that was going to

be repaired soon, and a risky procedure, and wanted my name cleared in case I
became incapacitated or I died.
110)

Therefore, the Defendants believed they could get away with their defamation

because I would probably become incapacitated or die in the meantime.


111)

In 2013, going over Risens and Lichtblaus heads, I sent emails directly to the

editors of The New York Times telling them their story was wrong and to retract it.
112)

I sent an email to the editors of The New York Times, demanding that they

correct the false reporting about me in 2012.


113)

In 2012-2014, on at least 10 different occasions, I made it clear to Aram Roston

of Playboy, his story was wrong, and told him to retract it.
114)

Carlotta Wells, a U.S. Department of Justice attorney assigned to matters

involving me, told me that if I talk to the press or leak information, I will be charged
with treason for disclosing my work with the NSA and CIA. She told me when I
signed my Top Secret clearance, I forfeited my right to protect my first amendment
rights.
115)

Carlotta Wells additionally said that If the US Government wants to leak false

25

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Exhibit 1

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Exhibit 2

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Joe Eskridge, M.D.


Swedish Neuroscience Institute
550 17th Ave #500
Seattle WA 98122
206.320.4144

June 27, 2014


To Whom It May Concern

Dear Sirs,
I, Dr. Joe Eskridge recently treated Dennis Montgomery who is a 60 year old man who
suffered from a cerebral aneurysm. His aneurysm was detected in 2011. He does not
smoke and does not have any congenital blood vessel diseases that contribute to aneurysm
development.
High blood pressure can accelerate aneurysm growth and increase the risk of rupture and
stroke. Stress can increase blood pressure and contribute to aneurysm growth. On a
more probable than not basis stress related hypertension caused the development and
growth of his aneurysm.
I have performed over 5000 brain artery repair and embolization procedures over the
past 30 years. I was Professor of Radiology and Neurosurgery at the University of
Washington Medical School from 1987-2004.

Sincerely yours,

Joe Eskridge, M.D.

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Exhibit 3

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Exhibit 4

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1
2
3
4
5
6
7
8

Ronald J. Logar, Esq., Nevada Bar No.: 0303


Eric A. Pulver, Esq., Nevada Bar No.: 7874
Law Office of Logar & Pulver, PC
225 S. Arlington Ave., Ste A
Reno, NV 89501
Phone: 775-786-5040; Fax: 775-786-7544
Michael J. Flynn, Esq., Mass. State Bar No.: 172780
Philip H. Stillman, Esq., California State Bar No.: 152861
Flynn & Stillman
224 Birmingham Drive, Suite 1A4
Cardiff, CA 92007
Phone: 888-235-4279; Fax: 888-235-4279
Admitted Pro Hac Vice in related Federal Case No. 3:06-cv-0056-BES-VPC

9
UNITED STATES DISTRICT COURT

10

FOR THE DISTRICT OF NEVADA

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

)
ETREPPID TECHNOLOGIES, INC., a California )
corporation,
)
)
Plaintiff,
)
)
vs.
)
DENNIS MONTGOMERY, an individual,
MONTGOMERY FAMILY TRUST, a California
Trust and DOES 1 THROUGH 20,

CASES Nos.: 3:06-cv-00145-BES-VPC & 3:06-cvN-06-00056-BES-VPC

SEALED DECLARATION OF DENNIS


MONTGOMERY IN SUPPORT OF HIS
OPPOSITION TO DODS AND ETREPPIDS
MOTIONS FOR PROTECTIVE ORDERS

Defendants.
_____________________________________
DENNIS MONTGOMERY, an individual; and
MONTGOMERY FAMILY TRUST, a
California Trust,
Plaintiffs,
vs.
eTREPPID TECHNOLOGIES, INC.,
a Nevada LLC; WARREN TREPP, an
individual; DEPARTMENT OF DEFENSE
of the UNITED STATES OF AMERICA
and DOES 1 through 10,
Defendants

THIS DECLARATION IS FILED UNDER SEAL


AND MAY BE VIEWED AND/OR READ ONLY
BY U.S. DISTRICT JUDGE BRIAN E.
SANDOVAL

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 36 of 75

1
2

SEALED DECLARATION OF DENNIS MONTGOMERY

3
I, Dennis Montgomery, declare:
4
5

1.

I am over age 18 and a party to two civil lawsuits involving Warren Trepp and my

company eTreppid Technologies. I have personal knowledge of the facts stated herein, and if

called as a witness, I could and would testify competently to them.

BACKGROUND

9
10

2.

I have been a computer programmer since approximately 1978 developing software

11

programs and the source codes for the programs in thousands of different and varied applications,

12

but mostly involving thousands of different programs for data compression, pattern recognition,

13

anomaly detection and an Object Detection System. 1 These include but are not limited to the

14

following:

15
16

a. Software programs applicable to medicine, mostly involving anomaly detection; and pattern

17

recognition and mostly developed between 1981 and 1996. These are my copyrights and/or my

18

copyright derivatives.

19

b. An Object Detection System (ODS) derived from my copyrights involving anomaly detection

20

and pattern recognition, but having far more universal application and adaptability to many areas

21
22

other than medicine, mostly developed between 1994 and 1998. These programs constitute the

23

basis for my work on certain special military contracts. There are thousands of software developers

24

who have worked for decades attempting to develop an ODS comparable to mine; and I am

25
26
27
28

I use these terms generically to define the broadest possible genus of software programs
relating to this area of software development - sort of like saying automobiles as a category of four
wheel powered vehicles. But the different types of anomaly detection and pattern recognition
programs are vastly greater than the types of automobiles currently in existence worldwide.
-1-

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1
2

unaware of anyone who has successfully created such software.


c. Data compression developed between 1996 and 1998 - conveyed to eTreppid on CD No.1";

3
and adapted for use in casino surveillance between 1998 and 2002, pursuant to our business plan
4
5

at eTreppid.

d. Data compression and pattern recognition programs, developed by me as an independent

contractor at eTreppid between 1998 and December 31, 2001 consisting of a part of eTreppids

work relating to casino surveillance - some involving patents assigned by me derived from CD No.

9
10
11

1"; and other programs not derived from CD No. 1 licensed to eTreppid pursuant to promises
made to me by Warren Trepp.

12

e. Data streaming compression for movies, not contained on CD No. 1" and mostly developed by

13

me between 1994 and 1998. I discussed these programs with Trepp before execution of the Sept.

14

28, 1998 Contribution Agreement and offered them for Five Million Dollars, which he rejected;

15
16

and which we again discussed years later in 2002 and 2003 and which he again rejected for Five

17

Million Dollars. In 2003 we also had several conversations about a sale for Ten Million Dollars

18

and/or promises by Trepp of licensing the software as described in my answers to interrogatories

19

attached to my opposition to the Governments and Trepps motions for protective orders.

20

f. Multiple software programs developed, owned, possessed and used exclusively by me derived

21
22

from my ODS between 1994 and December 31, 2002, some of the source codes for which are

23

direct derivatives of my copyrights, and which, beginning in November, 2002 , I began to adapt to

24

military applications on behalf of the Department of Defense, the Navy, the Air Force, and the

25

Central Intelligence Agency, mostly utilized in the war on terror between March 2003 and the

26

present.

27
28

The software programs and the source codes owned, possessed and used exclusively
-2-

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1
2

by me on behalf of the foregoing Government agencies all derive from my exclusive copyrights
generally relating to anomaly detection and pattern recognition, and more specifically relating to

3
the source codes used in my ODS; and derivatives thereof which enabled me to detect and
4
5

decode embedded and encrypted al Qaeda communications to its field operatives. Presumably, the

sealed Government declaration informs and educates this Court with respect to this aspect of my

software technology.

Over the 25 years I have been developing software programs, I have collected and

9
10
11

stored thousands of different computer files and programs on my computers and on many different
types of computer storage media. Some of this collection was stored at my storage facility and some

12

of that was taken and/or damaged by the FBI. I generally store some of the programs and codes I

13

have developed and/or am working on on the computers I am currently using. The Government

14

took my computers during its raid on my home and storage facility on March 1 and March 3, 2006;

15
16

and the governments retention of my computers and computer storage files from my home and

17

storage facility has caused me, and will continue to cause me, irreparable harm because its retention

18

affects my livelihood and ability to work. Additionally, as a result of the Governments

19

unconstitutional raid, I do not have access to computer files which would enable me at this time to

20

provide a more detailed chronology of events relating to the SAP I worked on and at issue in these

21
22

cases. However, since my departure from eTreppid, as recited below, I have been able to

23

reconstruct on new computers specific software programs that I previously used in the decoding of

24

al Jazeera satellite television broadcasts encrypted with al Qaeda instructions to its field operatives.

25

I assume this work product or output from my software programs, together with my daily

26

interaction with top CIA officials and field operatives, is one of the concerns which must be recited

27
28

at least obliquely in the sealed Government declaration.


-3-

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1
2

5.

More recently, notwithstanding the unconstitutional raid perpetrated on my home and

storage by Warren Trepp using his political influence with James Gibbons, (Gibbons has admitted

3
making phone calls to initiate criminal action against me on behalf of Trepp), Daniel Bogden and
4
5

the local FBI, I have provided the output from my decoding programs, without compensation, to

our Government in order to stop terrorist attacks and save American lives. My source codes for this

decoding technology which derives from my ODS are what Trepp and several Government

officials were attempting to steal from me when they raided my home.

9
10
11

6.

The Government has now held my computers and storage media for over six months

knowing I do not have possession of any classified information and knowing that all of the source

12

codes used on the special Government contracts worked on by me at eTreppid Technologies are

13

owned by me. No other person within our Government or at eTreppid has ever had access to the

14

source codes used on the special Government contracts. Anyone who swears under oath to the

15
16

contrary is lying and/or committing perjury. Obviously, if they did have access to this technology,

17

Trepp would have licensed and/or sold it to the Government for hundreds of millions of dollars. I

18

completely and zealously guarded the secrecy and confidentiality of my source codes used on the

19

special Government contracts at eTreppid, both from the Government, including the CIA, and from

20

eTreppid, as the exclusive owner and sole possessor. No person at eTreppid is able, to my

21
22

knowledge, to create the source codes that I have created having multiple applications in the war on

23

terror and other military uses. Conclusive proof on this issue is established by the recent interception

24

of the attempts by terrorists operating out of London to blow up jetliners originating in London and

25

bound for the US. I gave the appropriate authorities within the US Government accurate and very

26

specific intelligence regarding this terrorist plot, from my decoding software as I have done in

27
28

the past, weeks prior to the arrests by the London authorities - without compensation.
-4-

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1
2

7.

Neither Warren Trepp, nor eTreppid Technologies, nor any person working there

have ever owned, possessed or processed output from my source codes used in the special

3
Government contracts. Other eTreppid individuals, as well as Government officials identified
4
5
6
7
8

herein, had access to the output only after I had processed it.
8.

In September, 2005, Trepp told me that the Government had appropriated One

Hundred Million Dollars for the decoding technology, but he was demanding Five Hundred
Million Dollars. Trepp instructed me to stop processing al Jazeera output on two occasions - first

9
10
11

in September, 2004, saying to stop temporarily until he made a deal with the Government to sell a
portion of the technology for Five Hundred Million dollars, which I refused. Secondly, about a

12

year later in September 2005, when my conflict with Trepp greatly intensified. On the latter

13

occasion, I told him it was a hold-up. I refused on both National Security grounds and over

14

Trepps failure to pay me licensing fees and to resolve our conflict over the split of the proceeds

15
16

derived from any sale. Trepp had previously acknowledged my ownership of the technology in

17

numerous conversations and promised to work things out. In September-October, 2005, Trepp

18

said that our deal would have to wait because he had other obligations and began to threaten me

19

as our conflict intensified. This ultimately resulted in my departure from eTreppid in January, 2006.

20

Since then I have given the highest levels of our Government vital national security information free

21
22
23
24
25
26

of charge while Trepp and his local Government cronies have raided my home and storage and tried
to get me indicted.
9.

I was an independent contractor throughout my time at eTreppid, notwithstanding

Trepps attempt to change my status for tax reasons in January 2003. Before that eTreppid even
treated me as an independent contractor. But his tax changes attempting to make me an employee

27
28

only reflect what we both knew and what is now obvious to any impartial observer. I owned the
-5-

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1
2

technology, it was not developed while I was at eTreppid, and I exclusively controlled it. He was
attempting to steal what he refused to pay for, his modus operandi for his entire adult life, as shown

3
by his position as Head Trader for Michael Milken in the junk bond scam. While at eTreppid, I
4
5

fulfilled all of the indicia of an independent contractor even after January, 2003 when Trepp

realized the value of the technology in the war on terror. No one controlled, instructed, supervised,

or directed my work in the slightest manner - not one aspect of my work was controlled etc by

anyone or anything. Not one part of the source codes I used on Special Access Programs (SAP)

9
10
11

was ever created at eTreppid or on eTreppid computers. All codes used on the special military
contracts were created by me at my home or elsewhere. None of the source codes used on SAP

12

were ever on the premises at eTreppid, nor were any of them ever contained in eTreppid computers.

13

Almost all of my work on the SAP was done by me in an area occupied by me alone. Any

14

adaptation or changes to any of the source codes was done at my home.

15
The Negroponte Declaration

16
17

10.

I have not read the sealed declaration filed by the DoD. Therefore, I obviously do

18

not know its contents. I have read John Negropontes public declaration. I agree that the facts

19

involved herein relating to specific military contracts - the Special Access Programs, ( the SAP);

20

and that my software technology used to process data and create output from that data in SAP,

21
22

involve vital national security concerns, the disclosure of which would cause exceptionally grave

23

damage to the national security of the United States. I can only presume that the sealed

24

declaration relates to work I did on SAP, probably without referencing specific individuals that I

25

worked with from the CIA, and without describing precisely what I did. I expect, given the

26

Governments failure to use certain information that I processed which turned out to be accurate,

27
28

but on which the Government failed to act, resulting in multiple civilian and military casualties, that
-6-

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such information is not in the sealed declaration. As to the information I provided which succeeded
1
2

in stopping al Qaeda attacks, like the recent London Airliner plots, I hope that the Government has
alerted this Court to the exceptional and grave importance of the use of my technology in the war

3
4
5

on terror.
11.

However, I vigorously dispute whether any of the applicable protocols for properly

classifying either the data I received from the Government, the processing I performed, or the

output I created, was ever properly designated classified information by an Original

Classification Authority pursuant to The National Security Industrial Program Operating Manual

9
10

(The Manual) while it was in my exclusive possession, custody and control at eTreppid. Much of

11

the work I did was simply too urgent and the output too vital to conform to any of the Manual

12

protocols, the eTreppid personnell were too incompetent to implement the protocols, the cost was

13

too great, and the CIA operatives I dealt with did not trust anybody at eTreppid but me - at least that

14

is what several of them said.

15
16

12.

For security reasons, and because I zealously protected the secrecy of my software

17

source codes from everyone, no other eTreppid employee had access to anything I was working on

18

in connection with SAP. Indeed, it was commonly discussed with the CIA field operatives, that any

19
20

leak to anyone at eTreppid would cause serious damage to national security. In general, eTreppid
employees were too incompetent to be involved, including Sloan Venables and Patty Gray. Nor did

21
22

any CIA or other Government official have access to the software programs that I used to create the

23

output on SAP. They repeatedly tried to gain access to the source codes and failed; including

24

attempts to reverse engineer the output but failed. In December, 2003, certain CIA Operatives

25

talked about just taking it after I had decoded pre 9/11 al Jazeera signals embedded with the

26
World Trade Center coordinates as hereinafter described. But I informed them that the programs
27
28

would self-destruct and that I would stop processing the encrypted data from the al Jazeera
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broadcasts. Because of the statements about just taking it, I informed Warren Trepp and Edward
1
2

Charbonneau, an Associate Director of the CIA in charge of Technology. Charbonneau


immediately flew to Reno and signed the Agreement attached hereto as Exhibit 1, agreeing not to

3
4
5

attempt to seize the technology.


13.

Much of the output was personally hand delivered by me to CIA field operatives,

some of whom flew directly to Reno to pick up the output, and personally watched me process

data, some of which they brought with them. Several of the CIA field operatives scrutinized me for

months and attempted to look over my shoulder in order to gain access to the programs I used

9
10
11

and how I processed the data. Their efforts also failed.


14.

Several of the CIA field operatives told me repeatedly that they did not trust Warren

12

Trepp and that I should never allow him or anyone working for him to gain access to any of the

13

source codes for the programs. They recommended that I insert intrusion devices in to the programs

14

in order to prevent anyone from gaining access to the programs. On several occasions, two CIA field

15
16

operatives, who I worked with for long and intense weeks at a time, Sid Smith and Bill R, told me

17

that they did not trust the FBI, or the National Security Agency, and/or Paul Haraldsen. They knew

18

that I had begun to trust Haraldsen (which proved to be a mistake) and warned me about him. They

19
20

told me that anyone with close ties inside the Government with Warren Trepp was suspect
because the technology was worth hundreds of millions of dollars in the war on terror. At one

21
22
23
24
25

point, the CIA removed the local FBI from eTreppids building.
15.

As to how the Government classified its reports concerning my output after it left

my possession, I do not know. Presumably, given what I know about the output I gave, the
Government has internally classified this data without ever giving me copies of that classified

26
information. I do not have possession of any of those reports.
27
28

16

Mr. Negroponte never personally observed the processing of data or the creation of
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my output. Presumably, he has received either the output I created on some form of electronic
1
2

storage media or reports concerning the same. I was told by numerous officials that the results from
my output were included in regular briefings to the President.

3
4

17.

The work I performed pursuant to Special Access Programs on specified military

contracts required that I have a Top Secret Security Clearance with access to Special Information

Compartmentalized. (SIC).

7
8

The Application of my ODS Technology to Special Access Programs


18.

Predator Project, USAF - November, 2002.

In October - November, 2002, I

9
10

developed a software program from my data streaming technology, not contained on CD No. 1"

11

and obviously created when even eTreppid treated me as an independent contractor, for use on the

12

unmanned aerial vehicle, the Predator. This program enabled the Predator to stream video at a

13

much faster rate than the rate then in use. The work was done pursuant to Contract # 209545S

14

originating in a Top Secret area at Eglin Air Force Base. My contacts included Colonel Rhys

15
16

Macbeth, Thayne Wescoatt, Debora Moffitt, and Chris Crutchfield. I will need depositions of each

17

of these individuals and others, together with all of the documentation used on the project in order

18

to prove my ownership, possession, custody and control of the technology used, how it was used,

19
20

how it differed from then existing technology I had transferred to eTreppid contained on CD No.
1"; and how I adapted my software to the specific application used on Predator. The adaptation

21
22
23
24
25

process is proof of my ownership and exclusive possession. The foregoing individuals watched me
as I demonstrated the application of the technology in the Predator program.
19.

Pointer, Predator, USAF - February, 2003. Between November 2002 and March,

2003, as a result of my work on the above Predator project, I discussed my object detection system

26
(ODS) with and/or interacted with numerous Air Force officers, consultants agents and officials,
27
28

including but not limited to Major Paul Hastert, Capt. Robert Lyons, Col. Rhys Macbeth, Peter
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Wiedemann, Col. Felder, Matt Belmonte, David Whigham and others in connection with testing to
1
2

detect and/or track objects while streaming compressed unmanned aerial vehicle Pointer video for
Predator. Warren Trepp also advised these and other officials that I had developed an ODS which

3
4

could fulfill their tests. Between November, 2002 and January-February, 2003, Trepp explicitly

requested me to use my ODS, which obviously was then completely developed, (when even

Trepp treated me as an independent contractor) to prove to the Air Force that I could detect and

track objects inside streaming video. He agreed that if I passed the tests, he would make a deal

with me either to purchase or license my ODS technology. The tests were 90% successful. I

9
10

adapted my ODS system to use compressed streaming video on an unmanned aerial vehicle

11

Pointer to the ground and then to a central location while detecting and tracking objects on the

12

ground. The validation tests were conducted in February, 2003 at Eglin Air Force Base. The dates,

13

results, and testing procedures, together with all of the related documentation and involvement of

14

Government officials all prove my exclusive ownership and possession of the technology. I will

15
16

require the depositions of at least ten of the Government officials involved together with all of the

17

documentation and test results in order to prove my ownership, custody, possession and control of

18

the ODS. It has a value in excess of Five Hundred Million Dollars. If this case is to proceed, I will

19
20

provide the specific names of all individuals involved in this project, generally named USAF UAV
Battlelab, Contracts: F08651-03-P- 0182 and 0129. These contracts extended from March 26, 2003

21
22
23
24
25

until September 30, 2005, when my conflict with Trepp erupted.


20.

Tracking al Qaeda, USSOCOM and CIA - September, 2003. By June - September,

2003, my ODS had attracted the interest of the CIA and USSOCOM in connection with using
Predator to detect and track al Qaeda operatives in the field, including al Zarquawi, and specific

26
objects related to him such as cars and vans, with live video feeds encoded and scanning for
27
28

objects and people in real time. My object tracking was placed on a specific number of DV
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laptops used by SOCOM and CIA operatives in the field. I interacted on a regular basis with these
1
2

operatives in connection with the use and application of my technology. Special servers were
installed in the POC Predator Operation Command at Nellis Air Force Base and at Fort Bragg to

3
4

look for, detect and track specific objects, which were, in fact, positively identified. I worked with

many people in special groups in the CIA, at Nellis, at Fort Bragg, at Eglin etc in connection with

my object tracking system. I will require all of the documentation, and depositions of at least twenty

individuals associated with this project, including General Brown, Mark Race, Michael Holland,

Jerry Dvorak, Kenneth Johns, Lance Lombardo, Sue Griffin, Merv Leavitt. Eric Barnes and Robert

9
10
11
12
13
14

Dailey . The contracts, USZA26-03-P-3294 and H92222-04-0006/DO-0001 to 0004 extended from


September, 19, 2003 until September 30, 2005 when my conflict with Trepp erupted.
21.

Decoding Al Jazeera, CIA - October 28, 2003. In September, 2003, the CIA brought Al

Jazeera video tapes to me and asked if I could detect embedded and/or encrypted patterns within
the tapes with my technology. I said I would try. In October 2003, I detected embedded patterns

15
16

within the al Jazeera tapes and on or about October 28, 2003, I broke the encryption. Soon after I

17

broke the encryption, the CIA brought me tapes relating to the World Trade Center bombing as

18

described below.

19
20

a. Muhaya Complex Bombing - November 8, 2003. On October 28, 2003, the same day I broke
the encryption, I gave this output to the CIA. That output consisted of the latitude/longitude

21
22

coordinates for a specific location, the Muhaya Complex in Riyadh, Saudi Arabia with the

23

associated date of November 8, 2003. On that date, hours before a suicide attack, the US State

24

Department, using my data, issued an urgent warning about an imminent attack. A suicide bomber

25

driving a truck detonated a bomb outside the Complex killing and wounding over one hundred

26
people. I was later told by operatives in the CIA that we had either failed to follow through quickly
27
28

enough or that the Saudis had failed to act. But I have always questioned why the State Department
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made an urgent public warning just hours before the attack when the CIA knew at least 10 days
1
2

before the attack?


b. Miscellaneous Targets and Dates - November 2003 to October, 2004. Within days of the

3
4

Muhaya bombing, a large group pf CIA officials came to me and asked me to start processing all of

the data that they had. The CIA gave me a list of its operatives who I dealt with and could call any

time day or night. There are 18 names on the list with their home, office cell and pager phone

numbers. I will require the depositions of all 18 of these individuals in order to prove my exclusive

ownership, custody, possession and preservation of the secrecy of my software. Over the next

9
10

several months, I undertook the arduous and time consuming task of extracting data from the al

11

Jazeera satellite signals from tapes brought to me by the CIA. I decoded specific target coordinates

12

and dates within the US and overseas. But the Agency mostly concentrated on the US targets. I was

13

told by several CIA operatives that the output I gave them prevented several terrorist attacks in the

14

US. I have a list of the target coordinates in the US where my technology decoded encrypted targets.

15
16

I also specifically gave the CIA exact overseas locations in London, Madrid, and Iraq months before

17

bombings took place in those locations. I gave the CIA the precise coordinates for the London

18

Tube bombing, and the Madrid Train bombing long before the bombings took place. I know

19
20

what documents and electronic media exist in order to prove that my technology decoded the
targets well in advance of the bombings. I do not know why the attacks were not prevented. The

21
22

pressure on me to process was extreme. I was openly watched day and night by CIA operatives for

23

over a year.

24

c. The World Trade Center Tape and the CIA Letter - January 4, 2004.

25

In December, 2003,

the CIA asked me to process a tape without disclosing any details about the tape. I did so and

26
decoded a specific target coordinate in New York. I later learned that the tape consisted of al Jazeera
27
28

broadcasts in July-August, 2001 and the location I decoded was the World Trade Center in New
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York. Immediately upon decoding the tape, Sid Smith, a CIA field operative told me to destroy all
1
2

of the work that I had done on the tape and to never discuss it with anyone, particularly Warren
Trepp. Sid Smith told me that the CIA was concerned that if any leak occurred, I would be

3
4

subpoened by the 9/11 Commission. Smith warned me never to trust Trepp, never to give him or his

employees access to any of my technology or the output, and to protect my technology from him

at all costs. After I decoded the World Trade Center tape, Smith told me that the technology was so

vital to national security that I could never copyright or patent it, and that the CIA was considering

just taking it. At that time, around Christmas, 2003, I placed intrusion devices into my software

9
10

programs to protect them from both the Government and Trepp. Around the same time, the FBI

11

brought in blade servers to accelerate the processing time. But the FBI got into a conflict with

12

the CIA over control of the entire operation and the CIA forced the FBI to leave the building. I did

13

inform Trepp of the just taking it conversation with Smith. As a result, Edward Charbonneau,

14

Associate Director of the CIA for Technical Operations flew to Reno and signed the letter dated

15
16

January 4, 2004, attached hereto as Exhibit 1. At that time, Charbonneau said the CIA would

17

purchase the technology. Trepp then gave him the price of Five Hundred Million Dollars.

18

Charbonneau said to keep processing and that he would initiate a purchase plan.

19
20

d. Decoding Live Al Jazeera Broadcasts. In February, 2004, working with rotating CIA
operatives, I started taking data directly from live al Jazeera satellite signals. Target coordinates were

21
22

provided for US locations and the London, Madrid and Iraq locations from live, real time broadcasts.

23

I had discussions with CIA operatives, including Peter Wiedemann and others, including Paul

24

Haraldsen (who I believed at that time was some sort of liason between the CIA and NSA) about

25

how al Jazeera and al Qaeda were encrypting their signals and I explained in detail what I believed

26
was the technique used, and a specific technique that would make the encoding even harder to
27
28

break. Shortly after one of these discussions, al Jazeera changed their encryption pattern, which I
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again broke. These changes were explicitly discussed with Wiedemann and Haraldsen. On June 28,
1
2

2004, al Jazeera changed their pattern again, reverting back to their patterns from four months
earlier. I discussed these matters in detail with Haraldsen.

3
4

22.

Paul Haraldsen and the Air Force Take Over - The Christmas Eve Bombing. Between

June 2004 and December, 2004, Paul Haraldsen emerged as my primary contact. Haraldsen

repeatedly informed me that it was very difficult to know who to trust, that he worked directly for

the highest level of our Government, that he worked with General Bath, and to trust him alone.

He told me that there was a conflict on the inside and that the Air Force would be taking over the

9
10

project at the end of 2004. After June, 2004, Haraldsen told me that I should give him all of my

11

output, which I did on a weekly basis and that it was going directly to the President. On

12

December 14, 2004, I provided output to Haraldsen and Paul Allen from USSOCOM with target

13

coordinates and the date of December 24th, 2004 - Christmas Eve - for a specific location in the

14

middle of one of our military bases in Mosul, Iraq. I then picked up repeated patterns for that

15
16

location, so on December 20, 2004, I called my contact directly in Iraq and warned him of an

17

impending attack at that location. I repeatedly stressed to Haraldsen that I thought an attack was

18

imminent. On December 24, 2004, a suicide bomber detonated a device on the base killing over 20

19
20

people. Around that time, Haraldsen told me that all future funding would come from the Air Force
and that a buy out would be coordinated by him and other Air Force officials, including General

21
22

Bath. At one time, he mentioned that One Hundred Million Dollars had already been approved and

23

that he and Bath were working with Trepp. Later, in mid 2005, I informed him that I did not trust

24

Trepp, that the technology was mine, that the Government needed to deal with me, not Trepp, and

25

that I wanted to participate in any discussions. Haraldsen said he would take it up with the right

26
people inside the Air Force.
27
28

23.

Independent Corroboration of the Al Jazeera Decoding. In early 2005, the Air Force
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contracted with an independent consulting contractor who verified that there was, in fact,
1
2

embedded patterns inside the al Jazeera signals, but that the consultant was unable to decode the
encryptions. Some months later, Haraldsen informed me that the buy out would go forward and

3
4
5

that I would participate.


24.

The Eagle Vision Contract, James Gibbons, and LLH & Associates. In early 2005,

James Gibbons, working with General Bath procured a military contract, the only contract

referenced in eTreppids Trade Secret law suit against me, but merely one of many SAP contracts I

worked on with my technology. The project was named Eagle Vision and involved the

9
10

compression of digital satellite streams. LLH & Associates was the primary contractor on this

11

contract, which sub-contracted the work to eTreppid. The contract was a Top Secret contract. In

12

order to prove my exclusive ownership of the technology involved in Eagle Vision and differentiate

13

it from any of the technology on CD No. 1," I will require the depositions of all individuals

14

involved in this project, together with all of the documentation. I believe that Trepp probably

15
16

identified this sole SAP contract in his Complaint without specifically identifying as such, but as an

17

LLH contract because during this time frame Trepp was actively using other eTreppid employees

18

to attempt to gain access to my codes through reverse engineering and our conflict was rapidly

19
20

intensifying. The national security concerns expressed in the Negroponte declaration apply to Eagle
Vision.

21
22

25.

Detecting and Tracking Submarines. In mid 2005, I was approached by Michael

23

Carter from the Naval Research Center. He provide me several high altitude satellite photographs of

24

the ocean and asked if I could detect any anomalies with my ODS. The area covered

25

approximately 100 square miles of ocean. I detected two objects in the photographs and reported

26
them to Carter and to Paul Salvatori who reported them to other Navy officials. Carter and Salvatori
27
28

told me that this was the first time software technology had detected a submarine under water.
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They then told me that the Navy would set up a series of tests and that the most difficult test would
1
2

be in September, 2005. Between September and October, 2005, I used my technology to perform
the tests. I was told that the tests were remarkably accurate and that the Navy intended to purchase

3
4

the technology as soon as possible. In October, 2005, Paul Haraldsen informed me that he was

negotiating with Trepp and understood that Trepp and I were in some type of conflict. He assured

me that my interests would be protected and acknowledged that the technology was mine.

Haraldsen said One Hundred Million Dollars had already been approved for the technology. In

September through December, 2005, Trepp began to pressure me for the source codes for my

9
10

ODS, which, of course, I had always protected from everyone. When I refused to give Trepp the

11

codes, he began to threaten me with using his political influence with Gibbons to bury me; and

12

to use his connections to the Bonnano family, as hereinafter described. A detailed description of

13

my conflict with Trepp is contained in my answers to Trepps interrogatories, attached to my

14

opposition to the motion for a protective order.

15
16

26.

In order to prove my exclusive ownership, possession, custody and control of my

17

technology used with the CIA, the Air force, the Navy and USSOCOM, and the preservation of the

18

secrecy of the technology from Trepp, the Government and all eTreppid employees, and in order to

19
20

defend against Trepps spurious Trade Secret claims requiring preservation of the secrecy of the
trade secret, by me alone, I will have to discover all of the relevant documents, and depose all of

21
22

the involved individuals from the CIA, the Air Force, USSOCOM, and the Navy relating to the use

23

and application of my technology as recited above. These include but are not limited to: Paul

24

Haraldsen, Edward Charbonneau, Sid Smith, Johann Kim, Peter Wiedemann, all individuals listed

25

on the list given to me by Ed Charbonneau from the CIA, and all of my contacts in Iraq and in the

26
US relating to the London, Madrid and the Iraq bombings, James Gibbons, Ronald Bath, individuals
27
28

inside the Air Force involved with Bath and Gibbons and all others inside the Government who
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tried to steal my technology at the behest of Trepp, Bath, Haraldsen and Gibbons. I will require the
1
2

regular briefings given to the President in order to determine how my technology was described
and characterized, how it was used and applied, and to calculate all my damages resulting from the

3
4

failure of the Government to pay me royalties knowing it belonged to me.


The DoJs Use of the Big Safari Contract to Permit Discovery is a Ruse.

5
6
7
8

27.

The DoJ and Ms. Wells in their motion for a protective order, refer to their agreement

to allow discovery in connection with the Big Safari contract. This is just a ruse. That contract and
the discovery they plainly intend to allow relates to the purchase of air conditioners for the blade

9
10

servers brought in by the FBI. That contract has no national security implications and none relating

11

to the ownership and possession of my technology. Referencing it as an example of how and why

12

discovery can proceed in these matters is disingenuous in the extreme.

13
14

Sealed Search Warrant Matters Relevant to National Security Issues


28.

Each and every relevant and material fact in Agent Wests affidavit filed in Court to

15
16

obtain a search warrant to raid my home and storage are materially false either by intentional

17

deletion, omission, mis-statement, or outright fabrication. The local Reno FBI raided my home on

18

the pretext that I had unlawfully taken classified information which posed a threat to our national

19
20

security. This was just a bold-faced fabrication to justify the theft of the technology I have described
herein. Paul Haraldsen knew that the so-called palm trees tapes - the pretext for the raid - were

21
22

neither classified or taken by me. The FBI, Haraldsen, and Trepp all knew that I had only

23

conveyed to eTreppid - the Company I own with Trepp, and now others, (that Trepp has

24

mysteriously and questionably brought in, including Michael Milken), the data compression

25

technology contained on CD No. 1". Yet West deleted this phrase from his affidavit, then omitted

26
the very next paragraph reciting that none of my other technologies were conveyed. Then he
27
28

explicitly deleted the phrase in eTreppids Operating Agreement proving that I was not subject to a
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non-compete agreement and stated in his affidavit that I was. Then he swore under oath that I was
1
2

an employee from 2000 to November, 2001 when I assigned the patents he lists - a complete
falsehood; and he recites that Venables had access to my source codes when Venables had admitted

3
4

under oath three weeks before that he didnt. Now, the Government is asserting the state secrets

privilege in the civil cases after admitting in the criminal matter that no classified information was

stored at eTreppid and thus, I was not in possession of any. Yet, in these civil cases it is

representing to the Court that information involved in these cases involves an exceptionally grave

danger to the national security of the United States. I do not believe that the upper levels of our

9
10

Government, including John Negroponte, have been fully advised of the machinations and illegal

11

conduct of Trepp and the local FBI, or of the issues involved in these matters, and that the local

12

Nevada Government authorities aided my home because of the political influence of Trepp.

13

Perhaps, this explains the apparent discrepancy between the Negroponte public declaration and

14

the DoJs motion for a protective order. I raise these search matter issues herein as an explanation for

15
16
17
18
19
20

the discrepancy. I have potential claims arising out of the misconduct of the local Nevada officials.
29.

Agent West falsely led the Court issuing the search warrants to believe that there was a

non-compete agreement then in existence preventing me from using my source codes in


competition with eTreppid, knowingly deleting the explicit phrase stating that there was no noncompete agreement. Again, this conduct was material and intentional to steal my technology.

21
22

30.

I have never received any form of notice whatsoever from any Governmental agency

23

that my Top Secret SIC security clearance has been suspended or revoked. My security clearance

24

can only be revoked by the appropriate Governmental agency. Yet, Agent West falsely stated in his

25

search affidavit that my clearance had been suspended and that eTreppid possessed a clearance to

26
store classified information. These compounded falsehoods were manufactured by Trepp, Patty
27
28

Gray, Sloan Venables and West in order to raid my home on the false allegation that I unlawfully
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retained classified information. After being challenged with my Rule 41 (g) Motion, as stated
1
2

above, the Government then admitted that there was no classified information taken by me or in
the possession of eTreppid. In the event these cases proceed, I will continue to make decisions and

3
4
5
6
7
8

utilize the information referenced in paragraph 11 of the Negroponte declaration based on my


possession of a Top Secret SIC security clearance.
31.

I view the search warrant lies and illegal conduct by my Government to be a result of

the local political connections between Trepp, James Gibbons, Daniel Bogden, and Ronald Bath,
but I do not know how far this corruption rises inside our Government. I have reason to believe that

9
10

certain high level Government officials, including, the President, Vice-President, Mr. Negroponte

11

and others have not been influenced by the political power of Trepp; but I also have reason to

12

believe that some Air Force officials have been influenced by Ronald Bath, and that they have

13

influenced others in the DoJ.

14

32.

Warren Trepp is an extremely powerful and connected individual in Nevada due to

15
16

his large political contributions. I have attended functions, a cruise, dinners, etc with Trepp and

17

James Gibbons. I have observed Trepp, once heavily intoxicated on a cruise, give Gibbons casino

18

chips and cash of approximately $100,000.00 Dollars. I have heard them discuss funneling

19
20

money in $10,000 dollar increments to Gibbons thru Trepps various entities. I have heard Gibbons
say words to the effect that given Trepps questionable background and the source of his

21
22
23
24
25

donations, the less people identify Trepp as one of his donors the better.
33.

Trepp is also a long term close associate of the Bonanno Family of the New Jersey mob

family bearing that name - dating back to at least Trepps Drexel days when Trepp and Michael
Milken, who went to prison in connection with his junk bond scams, invested money for the

26
Bonannos. Trepp threatened me with the Bonannos and I have fears for my life because of that
27
28

association. The Bonannos have close ties to Jack Abramoff, the Republican fund raiser, as does
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Warren Trepp.
1
2

34.

I have participated in numerous meetings with Air Force General Ronald Bath, Trepps

consultant and Trepp. Gibbons and Bath, both Air Force and Nevada Air National Guard pilots

3
4

are the basis for Trepps political influence in Nevada and within the Air Force. In November, 2005,

in one of my many fights with Trepp over licensing my technology used in the special Government

contracts, Trepp threatened to bury me with his political influence over Bath and Gibbons. I

believe the FBI/Air Force raid on my home and property was the result of that influence to steal my

technology for Trepp. Gibbons has admitted that he initiated the criminal investigation against me.

9
Claims I Intend to Bring Not Yet Filed

10
11

35.

The fact that Trepp and Gibbons improperly influenced the FBI to raid my home and

12

that they have continued to conduct surveillance on me, including what I believe to be illegal

13

physical and electronic surveillance, including eavesdropping and wiretapping, leads me to believe

14

that they have used their secret surveillance program on AT&T customers to intercept my phone

15
16

records. I have been an AT&T customer. If this litigation is to proceed, I will intervene in the case of

17

Hepting v AT&T as a Plaintiff against AT&T and the Government. I will also bring claims similar to

18

those brought in the AT&T case in this Court. In that action, I understand that the Government

19
20

intervened and sought to dismiss the case based on the state secrets privilege.
36.

I also intend to bring claims under the Federal Tort Claims Act; and I intend to file

21
22
23
24
25

claims against various state and federal officers and employees in connection with the matters set
forth herein.
37.

At this point, given the unconstitutional raid on my home, which had a severely

damaging effect on my wife of 32 years and three children, I do not trust the State of Nevada, I do

26
not trust the US Government or any of its branches, agencies, divisions or departments. I am certain
27
28

that Gibbons, Bath, Haraldsen and others have used their political influence to corrupt the system;
-20-

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 56 of 75


but I am hopeful that the Judges hearing this matter will follow the law and apply the law to the facts
1
2

I declare under penalty of perjury under the laws of the United States and the State of Nevada

3
4
5

that the foregoing is true and correct. Signed this 30th day of October, 2006 in Seattle,
Washington..

6
7

________________________________
Dennis Montgomery

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-21-

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 57 of 75

Exhibit 5

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 58 of 75

Contact Us Submissions - New Item


Page 2 of 2
Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 59 of 75
Fax: (305) 536-5058
Email: Scott.Nirk@sba.gov
DoD Guide for Small Businesses: http://www.acq.osd.mil/osbp/index.shtml

Staff Contacts
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Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 60 of 75

Exhibit 6

U.S. Central Command | Contact Us


Page 1 of 2
Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 61 of 75

Home | Contact Us

Contact Us
U.S. Central Command
Address:
7115 South Boundary Boulevard
MacDill AFB, FL
33621-5101
USA
MacDill AFB Base Operator
(813) 828-1110
MacDill AFB Base Locator:
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U.S. Central Command | Contact Us


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Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 62 of 75

ISAF Public Affairs


ISAF HQ Public Affairs Office in Kabul
pressoffice@hq.isaf.nato.int
+93 (0) 700 13 - 2114 / 2928 / 2482
ISAF Joint Command Public Affairs Office
ijc.media@afghan.swa.army.mil
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4/27/2015

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 63 of 75

Exhibit 7

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 64 of 75

From:
To:
Subject:
Date:

james risen
Sectec Astronomy
Re: Agency
Thursday, November 01, 2012 1:44:59 PM

If you give us the Brennan emails, we will write a story


On Thu, Nov 1, 2012 at 4:34 PM, Sectec Astronomy <theagencyinsider@hotmail.com>
wrote:
Hard to imagine that you guys would ever report on anything negative regarding
Obama?
DM made it clear who was at the building, and why they were all there. There is a
reason the CIA and NSA were there, you must know that.
Do you really think the government invoked the State Secrets Priviledge from beiing
embarrassed or conned? Negroponte in his in camera declaration, if ever released,
was spell it all of out.
They governemnt never wanted information to come out regarding the other
work. The program started out spying on terrorist, and under Obama quickly moved
to spying on Americans!! A program which was started by Brennan in 2003 and
continues to this day. This technology is being used today to spy on Americans,
including candidate Romney.
I don't see you ever publishing that information?
Date: Thu, 1 Nov 2012 16:07:07 -0400
Subject: Re: Agency
From: jrisen31@gmail.com
To: theagencyinsider@hotmail.com
Hi. As you recall, we had a very long phone conversation recently where we
discussed how it would be good to report on many of the things that we didn't
report on previously. I would like to include all of the points that you have raised in
my book, and also to write about many of these issues in the newspaper. For the
newspaper, I am particularly interested in the issue of Brennan, and his emails and
related documents, which you said when we last talked that you might be willing to
share with me. So I am open to discussing everything with you.
Jim
On Thu, Nov 1, 2012 at 3:58 PM, Sectec Astronomy
<theagencyinsider@hotmail.com> wrote:
You didn't answer my question:

You reported on FBI documents, as if they were accurate, when that the
Judge tossed out all of the claims in their report. The FBI refused to
produce any of the people in their report for examination by the court.
That include Daniel Bogden, who was reinstated by Obama as the US
Attorney for Nevada.

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 65 of 75

Why did you not mention in your story Judge Cooke scathing report
against the Warren Trepp, FBI, and other government officials? Judge
Cooke reported that DM had his 4th admendment constituional rights
violated?
How can I ever trust that you will report accurate information when your
prior story was based on information provided to you by Mike Flynn my
ex attorney?

Date: Thu, 1 Nov 2012 15:21:02 -0400


Subject: Re: Agency
From: jrisen31@gmail.com
To: theagencyinsider@hotmail.com
I have tried West and Venables. I am writing a chapter in my book
about all this largely because we weren't able to tell much of the story
in the paper. I would like your input, and your voice in the chapter.
On Thu, Nov 1, 2012 at 3:16 PM, Sectec Astronomy
<theagencyinsider@hotmail.com> wrote:
DM doesn't need another hachet job on him. Have you
tried Agent West or Sloan Venables?
You reported on FBI documents, as if they were accurate,
when that the Judge tossed out all of the claims in their
report. The FBI refused to produce any of the people in
their report for examination by the court. That include
Daniel Bogden, who was reinstated by Obama as the US
Attorney for Nevada.
Why did you not mention in your story Judge Cooke
scathing report against the Warren Trepp, FBI, and other
government officials? Judge Cooke reported that DM had
his 4th admendment constituional rights violated?
This is so much you guys missed.

Date: Thu, 1 Nov 2012 14:54:31 -0400


Subject: Re: Agency
From: jrisen31@gmail.com
To: theagencyinsider@hotmail.com
Well, I would like to write more about him and everyone
else involved in my book now.

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 66 of 75


On Thu, Nov 1, 2012 at 12:51 PM, Sectec Astronomy
<theagencyinsider@hotmail.com> wrote:
His role? He is the CEO of eTreppid. He got all
of the money. Why was he not in your story?
Date: Thu, 1 Nov 2012 12:36:09 -0400
Subject: Re: Agency
From: jrisen31@gmail.com
To: theagencyinsider@hotmail.com
I have tried to talk to Warren Trepp. If you
have any information about his role, I would
like to talk to you about it.
On Thu, Nov 1, 2012 at 12:18 PM, Sectec
Astronomy <theagencyinsider@hotmail.com>
wrote:
Why have you not chased the
money, and contacted Warren
Trepp who kept all of the money?
I don't get that?
Date: Thu, 1 Nov 2012 11:41:01 0400
Subject: Re: Agency
From: jrisen31@gmail.com
To: theagencyinsider@hotmail.com
Both. We discussed how you have
information that would be very
good for a story about his
involvement.
But I also want to talk to you more
generally about your experiences
and work during the war on terror.
On Thu, Nov 1, 2012 at 10:55 AM,
Sectec Astronomy
<theagencyinsider@hotmail.com>
wrote:
Is talking to me or
Brennan emails what
your after?
What other information
are you after?

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 67 of 75


Date: Wed, 31 Oct
2012 23:25:56 -0400
Subject: Re: Agency
From:
jrisen31@gmail.com
To:
theagencyinsider@hotmail.com
I thought what we
discussed before was
really interesting, and I
would like to continue
our discussion. As I
mentioned, I am
writing about it in my
book, and I would like
to talk to you for
that.But I would also
like to talk about what
you said about
Brennan and the White
House.
On Wed, Oct 31, 2012
at 7:06 PM, Sectec
Astronomy
<theagencyinsider@hotmail.com
> wrote:
Regarding?
So DM
get attack
in another
article?
Date: Wed,
31 Oct
2012
16:47:58 0400
Subject:
Re:
Agency
From:
jrisen31@gmail.com
To:
theagencyinsider@hotmail.com

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 68 of 75


Hi. Can we
talk?
Jim Risen
On Fri, Oct
5, 2012 at
6:51 PM,
Sectec
Astronomy
<theagencyinsider@hotmail.com
> wrote:
I
guess
you
can
investigate
what
I
disclosed
and
then
decide.
Date:
Fri,
5
Oct
2012
18:47:34
0400
Subject:
Re:
Agency
From:
jrisen31@gmail.com
To:
theagencyinsider@hotmail.com
As
I
said
on
the
phone,
I

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 69 of 75


protect
my
sources.
I
will
never
divulge
the
identify
of
my
sources
in
a
leak
investigation.
But
I
also
have
to
know
that
the
source
is
telling
me
the
truth.
Jim
On
Fri,
Oct
5,
2012
at
5:51
PM,
Sectec
Astronomy
<theagencyinsider@hotmail.com
>
wrote:

Before
documents
are
sent,

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 70 of 75


you
agree
that
you
will
protect
Dennis
Montgomery
as
a
protected
source.
If
the
US
Government
attacks
Dennis
Montgomery
you,
and
your
organization
will
do
everything
possible
to protect
and
defend
Dennis
Montgomery.
Agreed.

Date:
Fri,
5
Oct
2012
17:32:30
0400
Subject:
Re:
Agency
From:
jrisen31@gmail.com

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 71 of 75


To:
theagencyinsider@hotmail.com
got
it,
thanks
Jim
Risen

On
Fri,
Oct
5,
2012
at
5:11
PM,
Sectec
Astronomy
<theagencyinsider@hotmail.com
>
wrote:
This
is
my
email
address...

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 72 of 75

Exhibit 8

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 73 of 75

SOCOM & CIA


Visit 03/20/12
Location:
75180 Mediterranean
Palm Desert, CA 92211

Chris Pipes SOCOM

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 74 of 75

Exhibit 9

Case 1:15-cv-20782-JEM Document 63-1 Entered on FLSD Docket 06/01/2015 Page 75 of 75