Case 3:18-cr-04683-GPC Document 330-5 Filed 02/18/22 PageID.4224 Page 1 of 4
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`MINTZ, LEVIN, COHN, FERRIS,
`BIRD, MARELLA, BOXER,
`GLOVSKYAND POPEO, P.C.
`WOLPERT, NESSIM, DROOKS
`LINCENBERG & RHOW P.C.
`Randy K. Jones, SBN 141711
`3580 Carmel Mountain Road, Suite 300
`Gary S. Lincenberg, SBN 123058
`San Diego, CA 92130
`Nicole R. Van Dyk, SBN 261646
`Telephone: (858) 314-1510
`Darren L. Patrick, SBN 310727
`Email: rkjones@mintz.com
`Alexis A. Wiseley, SBN 330100
`
`1875 Century Park East, Floor 23
`Daniel J. Goodrich, BBO 692624 (Pro
`Los Angeles, CA 90067
`Hac)
`Telephone: (310) 201-2100
`Ryan Dougherty, BBO 703380 (Pro Hac)
`Email: glincenberg@birdmarella.com
`1 Financial Center
`nvandyk@birdmarella.com
` dpatrick@birdmarella.com
`Boston, MA 02111
` awiseley@birdmarella.com
`djgoodrich@mintz.com
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`rtdougherty@mintz.com
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`Attorneys for Petr Pacas
`Attorneys for Mark Manoogian
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`WIECHERT, MUNK &
`BIENERT KATZMAN
`GOLDSTEIN, PC
`LITTRELL WILLIAMS LLP
`David W. Wiechert, SBN 94607
`Thomas H. Bienert, Jr., SBN 135311
`Jessica C. Munk, SBN 238832
`James D. Riddet, SBN 39826
`27136 Paseo Espada, Suite B1123
`San Juan Capistrano, CA 92675
`Whitney Z. Bernstein, SBN 304917
`Telephone: (949) 361-2822
`Carlos A. Nevarez, SBN 324407
`Email: dwiechert@aol.com
`903 Calle Amanecer, Suite 350
` jessica@wmgattorneys.com
`San Clemente, California 92673
` william@wmgattorneys.com
`
`Telephone: (949) 369-3700
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`Email: tbienert@bklwlaw.com
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` jriddet@bklwlaw.com
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` wbernstein@bklwlaw.com
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` cnevarez@bklwlaw.com
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`Attorneys for Jacob Bychak
`Attorneys for Mohammed Abdul Qayyum
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`3773299.1
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`1
`DECLARATION OF PETR PACAS
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`Case No. 18-CR-4683-GPC
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`Case 3:18-cr-04683-GPC Document 330-5 Filed 02/18/22 PageID.4225 Page 2 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
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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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`Case No. 18-CR-4683-GPC
`Honorable Gonzalo P. Curiel
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`DECLARATION OF PETR PACAS
`IN SUPPORT OF DEFENDANTS’
`JOINT MOTION TO SUPPRESS
`AND DISMISS UNDER THE
`FOURTH AMENDMENT AND
`REQUEST FOR AN EVIDENTIARY
`HEARING
`
`Hearing Date: April 1, 2022
`Hearing Time: 2:30 p.m.
`Department: Courtroom 2D
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`DECLARATION OF PETR PACAS
`I, Petr Pacas, declare as follows:
`1.
`I am a defendant in the above-captioned matter. I make this declaration
`in support of the Defendants’ concurrently filed Joint Motion to Suppress And
`Dismiss Under the Fourth Amendment And Request for an Evidentiary Hearing (the
`“Motion”). I make this declaration based on personal knowledge and, if called upon
`to do so, I could and would so testify.
`2.
`In or around early October 2006, I was hired by Company A1 as an
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`1 Capitalized terms in this Declaration are defined in the Motion.
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`3773299.1
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`DECLARATION OF PETR PACAS
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`Case No. 18-CR-4683-GPC
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`Case 3:18-cr-04683-GPC Document 330-5 Filed 02/18/22 PageID.4226 Page 3 of 4
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`employee.
`3.
`In January 2009, I rejoined Company A as its Director of Business
`Management.
`4.
`In early 2011, I was promoted to Director of Business Operations of
`Company A.
`5.
`In May 2011, I left Company A and went to work for Company B as its
`Vice President of Operations. I remained at Company B until the company was
`purchased by Company A in September 2013.
`6.
`I returned to Company A in September 2013 as its Vice President of
`Operations.
`7.
`As part of my employment at Company A (from approximately
`October 2006 until May 2011, and from September 2013 to the present), I was given
`a Company A email address and laptop computer, which I used to conduct my work.
`8. My Company A email account and laptop were both protected by
`passwords, which I never shared with anyone. To my knowledge, from 2006 until
`2018, there was no administrator or other personnel at Company A who could
`access my laptop or my email account without my passwords. I was unaware of any
`Company A policy indicating that it monitored my email account or laptop
`computer. Nor did I believe that Company A had the technical ability to do so prior
`to 2018, when Company A computers were first installed with administrator access.
`Further, I always took my Company A laptop home at night, and when I traveled.
`9.
`As part of my employment at Company B (from May 2011 until
`September 2013), I was given a Company B email address and laptop computer,
`which I used to conduct my work.
`10. My Company B email account and laptop were both protected by
`passwords, which I never shared with anyone. To my knowledge, there was no
`administrator or other personnel at Company B who could access my laptop or
`email account without my passwords. I was unaware of any Company B policy
`3773299.1
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`Case No. 18-CR-4683-GPC
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`DECLARATION OF PETR PACAS
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`indicating that it monitored my email account or laptop computer, nor did I believe
`that Company B had the technical ability to do so. Further, I always took my
`Company B laptop home at night, and when I traveled.
`11. Based on the above facts, I believed that my Company A and B email
`accounts and laptop computers were private, and that, from 2006 until 2018, no one
`but me could access their contents.
`I declare under penalty of perjury under the laws of the United States that the
`foregoing is true and correct to the best of my knowledge, information, and belief,
`and that I executed this Declaration on February 18, 2022 at Los Angeles,
`California.
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`Petr Pacas
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`3773299.1
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`DECLARATION OF PETR PACAS
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`Case No. 18-CR-4683-GPC
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