`
`
`
`
`
`Exhibit 1
`
`
`
`Case 3:18-cr-04683-GPC Document 299-2 Filed 11/01/21 PageID.3795 Page 2 of 7
`
`TIMELINE OF EVENTS PERTINANT TO GOVERNMENT’S RESPONSE
`Event
`Citation to
`Record
`Adconion‐
`Disc02‐Reports‐
`00928
`
`Adconion‐
`Disc02‐Reports‐
`00928
`Adconion‐
`Disc02‐Reports‐
`00928
`ECF 283, Ex. 2
`
`CY was hired by an email marketing company (EMC).
`
`
`Company A acquired EMC and CY worked for Company A for
`approximately 3 months.
`
`CY left Company A to join a Company A affiliate (Company B).
`
`Earliest creation date of the 11 emails possessed by CY, later
`sent to SS, who later sent them to the FBI.
`2nd of 11 emails possessed by CY, later produced by SS to FBI. ECF 283, Ex. 12
`3rd of 11 emails possessed by CY, later produced by SS to FBI.
`ECF 283, Ex. 5
`4th of 11 emails possessed by CY, later produced by SS to FBI.
`ECF 283, Ex. 9
`5th of 11 emails possessed by CY, later produced by SS to FBI.
`ECF 283, Ex. 8
`6th of 11 emails possessed by CY, later produced by SS to FBI.
`ECF 283, Ex. 4
`7th of 11 emails possessed by CY, later produced by SS to FBI.
`ECF 283, Ex. 6
`8th of 11 emails possessed by CY, later produced by SS to FBI.
`ECF 283, Ex. 7
`9th of 11 emails possessed by CY, later produced by SS to FBI.
`ECF 283, Ex. 3
`
`
`
`
`Baltimore FBI field office received a complaint from Spamhaus. Pierson Decl. ¶2.
`10th of 11 emails possessed by CY, later produced by SS to FBI. ECF 283, Ex. 10
`11th of the 11 emails possessed by CY, later produced by SS to
`ECF 283, Ex. 11
`FBI.
`CY left employment of Company B.
`
`Baltimore FBI interviewed SS.
`SS sent Baltimore FBI a report regarding hijacked netblocks.
`SS sent Baltimore FBI information regarding the hijacking of a
`large company’s netblock.
`
`FBI Baltimore interviewed an employee of a large Internet
`Service Provider (ISP) regarding spam sent to the company’s
`employees from a hijacked IP netblock, which was the
`netblock charged in Counts 3, 5, and 8 of the Indictment.
`
`Adconion‐
`Disc02‐Reports‐
`00928
`ECF 295, Ex. 1,26
`ECF 295, Ex. 5,6
`Adconion‐
`Disc02‐Reports‐
`00996
`Adconion‐
`Disc02‐Reports‐
`00031
`
`Page | 1
`
`Date
`
`2009
`
`2011
`Mid‐
`2011
`
`Mid/Late
`2011
`
`6‐27‐11
`
`6‐28‐11
`7‐21‐11
`7‐28‐11
`8‐1‐11
`8‐18‐11
`8‐25‐11
`8‐25‐11
`9‐8‐11
`2012
`2013
`3‐13‐13
`5‐24‐13
`5‐29‐13
`
`Mid
`2013
`
`7‐12‐13
`7‐15‐13
`7‐15‐13
`
`8‐13‐13
`
`
`
`
`
`Case 3:18-cr-04683-GPC Document 299-2 Filed 11/01/21 PageID.3796 Page 3 of 7
`
`Date
`
`Event
`
`9‐12‐13
`
`CY’s former boss at Company B, JM, exchanged emails with
`Spamhaus staff wherein JM blamed CY for spam attributed to
`Company B.
`10‐17‐13 SS provided Baltimore FBI with two falsified LOAs, neither of
`which involved netblocks expressly charged in the Indictment.
`
`2014
`2‐14‐14
`5‐16‐14
`
`5‐22‐14
`
`6‐2‐14
`
`6‐3‐14
`
`6‐4‐14
`
`10‐18‐13 SS provided Baltimore FBI with spreadsheet of hijacked IP
`netblocks that included the netblocks charged in Counts 2
`through 10 of the Indictment.
`
`Baltimore FBI transferred case to San Diego FBI.
`SS sent email to FBI SD that provided the FBI with access to its
`law enforcement portal and identified Manoogian as the
`arranger of the hijacked IPs.
`SS sent email to FBI SD that said, “we’ve got an anonymous
`informant [Anon‐1] sending us a ton of info since September
`2013.” SS speculated Anon‐1 was CY, but “doesn’t know
`anything about THIS investigation.”
`SS interviewed by SD FBI: SS advised the FBI that Anon‐1 was
`providing information about Company A that “only a former
`employee would know;” SS speculated that Anon‐1 was CY; SS
`provided the FBI with the anonymized email address Anon‐1
`used to communicate. SS provided a report to FBI.
`FBI emailed Anon‐1 seeking to meet or speak by phone; Anon‐
`1 emailed back questions about how to remain anonymous.
`FBI responded to Anon‐1 that there were ways to protect
`Anon‐1’s identity but they would first need to meet or speak.
`
`Email exchange between SS and the FBI wherein the FBI agent
`stated he had emailed Anon‐1.
`SS sent an email to FBI entitled, “C[] Y[] is willing to talk.”
`Anon‐1 responded to the FBI’s June 4 email with additional
`questions relating to preserving Anon‐1’s anonymity; the FBI
`agent again asked to speak with Anon‐1 regarding specific
`methods that could be used to protect Anon‐1’s identity.
`Anon‐1 never responded to this last email and the FBI did not
`speak to or receive information or documents from Anon‐1.
`First grand jury subpoena is issued.
`FBI interviewed PH, the operator of hosting company that
`worked with Company A. PH provided two false LOAs he had
`
`6‐7‐14
`6‐11‐14
`
`7‐21‐14
`7‐22‐14
`
`
`
`Citation to
`Record
`ECF 295, Ex. 27
`
`Adconion‐
`Disc02‐Reports‐
`01000
` Adconion‐
`Disc02‐Reports‐
`01004
`
`Pierson Decl.
`ECF 295, Ex. 8
`
`ECF 295, Ex. 2
`
`ECF 295, Exs. 3 &
`30
`
`Adconion‐
`Disc39‐01779
`Adconion‐
`Disc39‐01779
`
`ECF 295, Ex. 17
`
`ECR 295, Ex. 4
`Adconion‐
`Disc39‐01779
`
`Pierson Decl. ¶5
`Adconion‐
`Disc02‐Reports‐
`00039
`
`Page | 2
`
`
`
`Case 3:18-cr-04683-GPC Document 299-2 Filed 11/01/21 PageID.3797 Page 4 of 7
`
`Date
`
`Event
`
`7‐23‐14
`
`7‐29‐14
`
`8‐4‐14
`
`9‐26‐14
`
`received from Mark Manoogian relating to the netblocks
`charged in Counts 3, 5, and 8 of the Indictment.
`PH provided the FBI with false LOAs for three netblocks used
`by Company A, including that included the netblocks charged
`in Counts 3, 5, and 8 of the indictment.
`FBI met with representatives of three large ISPs regarding the
`hijacked IP addresses in this case.
`
`FBI documented receipt of Company A correspondence and
`LOAs produced pursuant to a grand jury subpoena to PH’s
`company.
`FBI documented receipt of spam emails produced pursuant to
`a grand jury subpoena to a large ISP.
`
`10‐17‐14 FBI documented receipt of records relating to hijacked IP
`blocks produced by a large ISP pursuant to a grand jury
`subpoena.
`10‐27‐14 FBI interviewed the owners of one of the firms whose names
`and netblocks were used in the LOAs Manoogian sent to PH’s
`hosting company. The owners said the LOAs were false.
`11‐11‐14 FBI documented receipt of Company A materials produced by
`a mail‐forwarding service pursuant to a grand jury subpoena.
`
`11‐30‐14 FBI interviewed SS, who provided the FBI with the address of a
`Solana Beach location used by the defendants.
`11‐30‐14 SS emailed the FBI the IP addresses used at the Solana Beach
`office and named Manoogian and Pacas as being involved.
`FBI conducted surveillance at the Solana Beach address.
`
`12‐1‐14
`
`12‐23‐14 FBI obtained a warrant to search Manoogian’s Company A
`email account.
`
`2015
`2‐14‐15
`
`3‐25‐15
`
`
`SS provided the FBI with contact information for personnel at
`ARIN.
`FBI interviewed another individual who name appeared on
`one of the LOAs that Manoogian sent to PH. The witness
`confirmed the LOA was false and unauthorized.
`
`Citation to
`Record
`
`Adconion‐
`Disc02‐Reports‐
`00001
`Adconion‐
`Disc04‐Reports‐
`00001
`Adconion‐
`Disc02‐Reports‐
`00001
`Adconion‐
`Disc02‐Reports‐
`00004
`Adconion‐
`Disc02‐Reports‐
`00006
`Adconion‐
`Disc02‐Reports‐
`00057
`Adconion‐
`Disc02‐Reports‐
`00005
`ECF 295, Ex. 10
`
`ECF 295, Ex. 9
`
`Adconion‐
`Disc02‐Reports‐
`00066
`ECF 295, Ex. 11;
`Adconion‐
`Disc04‐SW‐
`00001
`
`ECF 295, Ex. 18
`
`Adconion‐
`Disc02‐Reports‐
`00454
`
`
`
`Page | 3
`
`
`
`Case 3:18-cr-04683-GPC Document 299-2 Filed 11/01/21 PageID.3798 Page 5 of 7
`
`Date
`
`Event
`
`5‐15‐15
`
`FBI obtained warrants to search Dye’s business email account
`and additional Company A email accounts.
`
`12‐29‐15 Spamhaus received internal Company A emails from CY.
`2016
`
`9‐1‐16
`Grand jury subpoena issued for records from Dye’s employer.
`
`9‐9‐16
`
`FBI interviewed Qayyum.
`
`FBI served grand jury subpoenas on Company A, its DBAs, and
`associated entities.
`
`9‐19‐16
`through
`9‐22‐16
`10‐28‐16 FBI interviewed representatives of another firm whose name
`and netblocks were used in LOAs sent to PH by Company A
`employees. The interview confirmed that the additional LOAs
`were false.
`2017
`
`7‐17‐17 Government issued the first grand jury subpoena for
`testimony from Company A employees.
`SS emailed FBI information regarding Company A’s computer
`networks and names of former employees who might have
`information.
`SS emailed the FBI logging information showing when a
`consultant hired by Companies A and B accessed Spamhaus’s
`website.
`SS emailed the San Diego FBI, “so far I have not included
`anything our informants have given us” and asked, “Do you
`want to see these emails?”
`10‐12‐17 SS sent an email to the FBI entitled, “interesting emails,” to
`which SS attached the 11 emails Spamhaus obtained from CY.
`
`SS sent a separate email to the FBI that included addresses for
`CY and the message, “I emailed him and asked him to contact
`you.”
`12‐18‐17 FBI interviewed CY in the presence of counsel.
`
`8‐11‐17
`
`9‐15‐17
`
`9‐27‐17
`
`2018
`1‐10‐18
`
`
`CY’s attorney provided the government with four documents
`obtained from his client
`
`
`
`Citation to
`Record
`Adconion‐
`Disc04‐SW‐
`00020
`ECF 295, Ex. 12
`
`Adconion‐GJ‐
`EXS‐ 00001
`Adconion‐
`Disc02‐Reports‐
`00609
`Adconion‐
`Disc02‐Reports‐
`00020 to ‐00022
`Adconion‐
`Disc02‐Reports‐
`00534
`
`
`Adconion‐
`Disc38‐00003
`ECF 295, Ex. 19
`
`ECF 295, Ex. 28
`
`ECF 295, Ex. 13
`
`ECF 295, Ex. 14
`
`
`ECF 295, Ex. 15
`
`
`Adconion‐
`Disc02‐Reports‐
`00928
`
`Adconion‐
`Disc39‐01782
`
`Page | 4
`
`
`
`Case 3:18-cr-04683-GPC Document 299-2 Filed 11/01/21 PageID.3799 Page 6 of 7
`
`Date
`
`Event
`
`7‐10‐18
`
`SS emailed the FBI information regarding more searches of
`Spamhaus’ website by the consultant for Companies A and B.
`10‐10‐18 The grand jury issued its 106th subpoena.
`10‐12‐18
`SS registered for the first time as a CHS by a different FBI field
`
`office and in connection with an unrelated investigation.
`10‐31‐18
`Indictment returned.
`11‐8‐18
`SS emailed the FBI readable copies of the 11 CY emails that the
`FBI had been unable to access due to formatting problems and
`noted what appeared to have been the technical issue. Thirty
`minutes later, SS sent a separate email noting the involvement
`of Company B’s outside counsel.
`Reports of contact between SS and FBI disclosed to defense.
`
`12‐4‐18
`
`12‐19‐18 Records obtained via warrants disclosed to defense.
`2019
`
`1‐23‐19
`Search warrant affidavits disclosed to defense
`2020
`
`6‐24‐20
`SS sent unsolicited email to FBI discussing whether IP
`addresses are property.
`Prosecutors requested filter review after email from outside
`counsel is discovered in the 11 emails received from SS.
`SS emails are disclosed to defense after taint filter review
`completed
`
`9‐23‐20
`
`12‐3‐20
`and
`3‐9‐21
`2021
`8‐1‐21
`
`8‐3‐21
`
`8‐5‐21
`
`
`
`
`SS sent an unsolicited email to the FBI regarding defendants’
`brief stating, “When I became a CHS for this case as well as
`other cases I was given the standard instruction that I don’t
`work for the government, I don’t take instructions from the
`government, etc. (and vice versa) all of which I agreed to.” SS
`also wrote “Spamhaus does not act under the direction of the
`FBI or any other government agency. Information given to us
`was not ‘stolen’ but freely given to us by CY who claims he was
`not under any NDA and was free to give us the emails, and he
`was motivated by [Company A] constantly lying and defaming
`him. He was not aware of any FBI investigation at the time.”
`FBI report issued explaining use of “CHS” in earlier redactions,
`noting that SS first became a CHS on 10‐12‐18.
`SS sent an unsolicited email to the FBI stating, “All
`communication between SS and [PH] has already been turned
`over to the FBI.” SS listed numerous unsuccessful legal actions
`
`Citation to
`Record
`ECF 295, Ex. 29
`
`
`ECF 295, Ex. 26
`
`ECF 1
`ECF 295, Ex. 12
`
`Disc Prod 2
`
`Disc Prod 3
`
`Disc Prod 4
`
`ECF 295, Ex. 20
`
`Pierson Decl.
`
`
`
`
`ECF 295, Ex. 21
`
`ECF 295, Ex. 26
`
`ECF 295, Ex. 22
`
`Page | 5
`
`
`
`Case 3:18-cr-04683-GPC Document 299-2 Filed 11/01/21 PageID.3800 Page 7 of 7
`
`Date
`
`Event
`
`taken against opponents of Company A and expressed fear
`that disclosure of SS‘s identity would lead to “harassment by
`spammers and cyber criminals,” adding, “I don’t get paid
`anything and the FBI doesn’t tell me what to do and vice
`versa” and “The prosecution doesn’t ask for my advice, and if
`they could tell me what to do, they’d probably tell me to stop
`sending this stuff.”
`SS sent an email to the FBI in response to the court order
`directing the FBI to seek identification of which 11 emails SS
`obtained from CY.
`
`SS sent an unsolicited email to FBI stating, “Spamhaus never
`encouraged [CY] to send internal emails;” “we didn’t know
`[CY] had them;” “Spamhaus didn’t think the internal emails
`were particularly important in fact waited YEARS before
`sending them over to the FBI;” “The government did not send
`a single legal document from this case to Spamhaus;” “the
`government did not know about the [internal emails] until
`they received them;” ”the internal emails were not even sent
`to law enforcement for three years after receiving them;” “We
`were acting in our own interest, not as an agent for the
`government.”
`SS sent an unsolicited email to FBI.
`SS sent an unsolicited email to FBI regarding searches of
`Spamhaus’s website by the defense.
`SS sent an unsolicited email to FBI regarding the mistrial in
`Arizona case and the status of this case’s trial setting.
`
`8‐25‐21
`
`9‐21‐21
`
`9‐21‐21
`9‐26‐21
`
`9‐28‐21
`
`Citation to
`Record
`
`ECF 283, Ex. 17
`ECF 295, Ex. 12
`
`ECF 283, Ex. 14
`
`
`ECF 295, Ex. 23
`ECF 295, Ex. 24
`
`ECF 295, Ex. 25
`
`Page | 6
`
`
`
`
`
`

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