Case 3:18-cr-04683-GPC Document 281-2 Filed 09/20/21 PageID.3176 Page 1 of 3
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`WIECHERT, MUNK & GOLDSTEIN, PC
`David W. Wiechert, SBN 94607
`Jessica C. Munk, SBN 238832
`William J. Migler, SBN 318518
`27136 Paseo Espada, Suite B1123
`San Juan Capistrano, CA 92675
`Tel: (949) 361-2822
`Email: dwiechert@aol.com
` jessica@wmgattorneys.com
` william@wmgattorneys.com
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`Attorneys for Defendant
`Jacob Bychak
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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`Case No. 18-CR-4683-GPC
`Honorable Gonzalo P. Curiel
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`DECLARATION OF JESSICA C. MUNK
`IN SUPPORT OF MOTION TO
`COMPEL DISCOVERY RELATING TO
`SPAMHAUS’ HISTORY OF
`COOPERARTING WITH
`GOVERNMENTAL INVESTIGATIONS;
`EXHIBITS A-C
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`Hearing Date: October 4, 2021
`Hearing Time: 1:00 P.M.
`Department: Courtroom 2D
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`Plaintiff,
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`UNITED STATES OF AMERICA,
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`v.
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`JACOB BYCHAK, et al.,
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` Defendants.
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`DECLARATION OF JESSICA C. MUNK
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`I, Jessica C. Munk, declare:
`1. I am a principal at the law firm Wiechert, Munk & Goldstein, PC, attorneys of
`record for defendant Jacob Bychak. I am licensed to practice in the State of California and
`in the United States District Court for the Southern District of California. I have personal
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`Case 3:18-cr-04683-GPC Document 281-2 Filed 09/20/21 PageID.3177 Page 2 of 3
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`knowledge of the following, and if called to do so, I could competently testify thereto.
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`2. Defendants previously moved the Court to order the government to identify all
`documents in its possession which were forwarded from the Company A informant, via
`Spamhaus (“Motion to Compel”). Dkt. No. 257. At the hearing on this motion,
`government counsel indicated that the Spamhaus informant “is not just corresponding
`with the FBI agent here, but also with the FBI agents in other offices.” A true and correct
`copy of the relevant excerpts of the transcript from the August 20, 2021 hearing reflecting
`this statement is attached hereto as Exhibit A. The quoted statement begins on page 8,
`line 23.
`3. Soon after this Motion to Compel was filed, on August 12, 2021 the government
`made its 40th document production to the defense, which included an FBI 302 whereby
`the government attempts to rewrite history and distance itself from the Spamhaus
`informant’s lengthy cooperation with the government, stating the Spamhaus informant
`was not “officially a CHS for the FBI until 10/12/18.” A true and correct copy of this 302
`is attached hereto as Exhibit B. This 302 is contrary to the numerous 302s provided by
`the government in discovery dated 2013 and 2014 hereby the Spamhaus informant is
`clearly identified as CHS (S-0009118).
`4. Also, after Defendants filed this prior Motion to Compel discovery related to the
`Spamhaus informant, the government on August 6, 2021 produced over 1,800 pages of
`additional discovery. Included in this production was a dossier from the Spamhaus
`informant, which was given to the government in June of 2014. The dossier contained
`Brady material helpful to the defense, and it was not produced until after the defense filed
`its July 30, 2021 Motion to Compel.
`5. On August 20, 2021, the Court granted the motion in part and ordered the
`government to have the Spamhaus informant identify which documents he provided came
`from the Company A informant. Dkt. No. 275. On August 25, 2021, government counsel
`sent the defense a letter delineating which documents the Company A informant gave to
`Spamhaus.
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`Case 3:18-cr-04683-GPC Document 281-2 Filed 09/20/21 PageID.3178 Page 3 of 3
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`6. In a recent document production, the government produced emails from August
`2021 between the FBI and the Spamhaus informant showing that the informant assisted
`the government in circumventing the attorney-client privilege in those documents taken
`from Company A. Specifically, the informant provided documents containing summaries
`of various emails and explaining that “I found the C[] Y[] email documents, and to avoid
`any potential attorney/client privilege issues (even though they were sent voluntarily by
`Y[] and not by their attorney herself), I will only provide the headers of the emails as well
`as a summary of the contents to provide some context.” A true and correct redacted copy
`of the relevant portions of this email is attached hereto as Exhibit C.
`7. On August 25 and 26, 2021, defense counsel asked the government to provide
`all documents and information relating to Spamhaus assisting the government in other
`investigations or prosecutions apart from the instant case relating to potential violations of
`the CAN-SPAM Act and other federal statutes. On August 26, 2021, the government
`declined to do so.
`I declare under the penalty of perjury that the foregoing is true and correct.
`Executed on September 20, 2021 in San Juan Capistrano, California.
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`/s/Jessica C. Munk
`Jessica C. Munk
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