In the Matter of: LabMD, Inc. May 5, 2015 Trial - Public Record Volume 9 Condensed Transcript with Word Index For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1309 1311 1 FEDERAL TRADE COMMISSION 1 2 I N D E X 2 3 IN THE MATTER OF LABMD, INC. 3 4 TRIAL VOLUME 9 4 LAURA RIPOSO VANDRUFF, ESQ. 5 PUBLIC RECORD 5 JARAD BROWN, ESQ. 6 MAY 5, 2015 6 ALAIN SHEER, ESQ. 7 Federal Trade Commission 8 Bureau of Consumer Protection 9 Division of Privacy and Identity Protection 7 8 WITNESS: DIRECT CROSS 9 WALLACE 1337 1414 REDIRECT RECROSS VOIR APPEARANCES: ON BEHALF OF THE FEDERAL TRADE COMMISSION: 10 600 Pennsylvania Avenue, N.W. 11 11 Washington, D.C. 12 12 (202) 326-2999 13 lvandruff@ftc.gov 1421 10 FOR ID IN EVID 1431 13 EXHIBITS 14 CX IN CAMERA STRICKEN/REJECTED 14 15 (none) 15 16 20580 ON BEHALF OF THE RESPONDENT: 16 WILLIAM A. SHERMAN, II, ESQ. 17 REED D. RUBINSTEIN, ESQ. 17 RX 18 Number545 1419 18 Dinsmore & Shohl LLP 19 Number546 1426 19 801 Pennsylvania Avenue, N.W. 20 Number549 1423 20 Suite 610 21 Washington, D.C. 21 20004 22 JX 22 (202) 372-9100 23 (none) 23 william.sherman@dinsmore.com 24 24 25 25 1310 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION In the Matter of ) ) LabMD, Inc., a corporation, ) Docket No. 9357 ) Respondent. ) --------------------------------------) May 5, 2015 10:11 a.m. TRIAL VOLUME 9 PUBLIC AND NONPUBLIC RECORD BEFORE THE HONORABLE D. MICHAEL CHAPPELL Chief Administrative Law Judge Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, D.C. Reported by: Josett F. Whalen, Court Reporter 1312 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: (continued) ON BEHALF OF THE RESPONDENT: PATRICK MASSARI, ESQ. PRASHANT KHETAN, ESQ. ERICA MARSHALL, ESQ. Cause of Action 1919 Pennsylvania Avenue, N.W. Suite 650 Washington, D.C. 20006 (202) 499-4231 patrick.massari@causeofaction.org ON BEHALF OF RICHARD WALLACE: MARY BETH BUCHANAN, ESQ. JACQUELYN N. SCHELL, ESQ. Bryan Cave LLP 1290 Avenue of the Americas New York, New York 10104-3300 (212) 541-1074 mbuchanan@bryancave.com 1 (Pages 1309 to 1312) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1313 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1315 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: (continued) ON BEHALF OF TIVERSA: LUCAS LIBEN, ESQ. Reed Smith LLP 225 Fifth Avenue Pittsburgh, Pennsylvania 15222 (412) 288-4041 MS. MARSHALL: Erica Marshall, Cause of Action. JUDGE CHAPPELL: Thank you. Have any of the Cause of Action attorneys filed appearances? MR. KHETAN: Yes, Your Honor. I believe we all have. JUDGE CHAPPELL: All right. You'll need to come up during the break and give the court reporter your names. She couldn't hear you. MR. KHETAN: Okay. JUDGE CHAPPELL: First off, I need the lead attorneys only to approach the bench. (At the bench, discussion off the record.) (In open court.) JUDGE CHAPPELL: All right. Let me start with -- is it "Daugherty" or "Daugherty"? MR. SHERMAN: Daugherty. JUDGE CHAPPELL: Let's talk about this Daugherty affidavit which has sprung out of nowhere here. I have pending a number of motions pertaining to an affidavit supposedly executed by LabMD president Michael Daugherty on or about April 17, 2014. I have pending complaint counsel's motion to 1314 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PROCEEDINGS - - - - JUDGE CHAPPELL: Call back to order Docket 9357, In Re LabMD. It's been a while. I'm going to take appearances of the parties. We'll start with the government. MS. VANDRUFF: Good morning, Your Honor. Laura VanDruff on behalf of complaint counsel. With me today is Jarad Brown and Alain Sheer and our technical support, Jon Owens. JUDGE CHAPPELL: Okay. For the respondents? MR. SHERMAN: Good morning, Your Honor. William Sherman from the law firm of Dinsmore & Shohl on behalf of the respondent. To my left is Mike Daugherty, owner of LabMD. To his left is my law partner, Reed Rubinstein. And to his left is our associate, Sunni Harris. JUDGE CHAPPELL: Is there anyone here from Cause of Action? MR. SHERMAN: Yes, there is, Your Honor. There are several lawyers here from Cause of Action. MR. MASSARI: Patrick Massari, Your Honor. MR. KHETAN: Good morning, Your Honor. I'm Prashant Khetan. 1316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 compel production of that document and an opposition from respondent. I have respondent's motion to reconsider an order granting the motion to compel in part, requiring an in camera review in my chambers. And then I have complaint counsel's motion for in camera treatment. The motion for in camera treatment states that respondent is unopposed, but it's unclear to me, does that mean respondent concurs with all the relief requested in that motion for in camera treatment? MR. RUBINSTEIN: Your Honor, Reed Rubinstein. Without getting too much into the background, respondent is prepared to produce the affidavit for your review and for your determination as to whether or not the pending objections are appropriate. JUDGE CHAPPELL: So the -- you will then file a notice to withdraw on your motion to reconsider. MR. RUBINSTEIN: With the understanding that, yes, we will produce the affidavit to you -- this is the result of communications and correspondence the parties have had with the House counsel with respect to their claim of legislative privilege. We are prepared to produce the document to you for your review and determination. 2 (Pages 1313 to 1316) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1317 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: All right. Now, it sounds like we are going to have to get into the weeds somewhat. You're still going to maintain it's privileged even though I have a representation from the government that the attorney for the Ethics Committee of the House is not asserting the privilege in this proceeding. MR. RUBINSTEIN: With the understanding that if you determine it is a document that should be produced, that it will be given in camera treatment. That at least is my understanding of House counsel's position as it was communicated to me in a phone call. JUDGE CHAPPELL: So the nonopposition only goes to me reviewing the document. MR. RUBINSTEIN: That's correct. And if you should determine that it is appropriate to be produced, then my understanding -and please, Counsel, correct me if I'm wrong -- is that the affidavit will be designated in camera going forward. MS. VANDRUFF: That's the relief sought, Your Honor, in the complaint counsel's unopposed motion for in camera treatment, correct. JUDGE CHAPPELL: But that doesn't get us to the merits. You're still going to assert your objection 1319 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. VANDRUFF: Your Honor, if I can request clarification, are you ordering that that be produced within the hour to your chambers? JUDGE CHAPPELL: I didn't really have to order it. They agreed to do it. MS. VANDRUFF: I just want to be clear for the record. JUDGE CHAPPELL: No need to order when I have a volunteer. MS. VANDRUFF: Okay. Thank you, Your Honor. JUDGE CHAPPELL: The Army way. Let me talk a little bit about rebuttal, since I'm at a disadvantage here, the attorneys know what you're planning this week, but I do not. My position on rebuttal is, as it's always been, if any party wishes to offer a rebuttal witness in this case or offer rebuttal evidence, the request shall be made in writing in the form of a motion to request a rebuttal witness or rebuttal evidence as soon as possible. That motion shall include the name of any witness being proposed or a detailed description of the rebuttal evidence being offered. Next is the most important part. That motion shall also include a cite to the 1318 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that it should be -- should not be produced. MR. RUBINSTEIN: Yes, Your Honor. We would ask that you review the affidavit, and we're prepared to produce that to you today whenever you should ask us to do so. JUDGE CHAPPELL: And if I determine that it should be produced, where are we then? MR. RUBINSTEIN: Then it will be designated in camera and we'll provide a copy to complaint counsel. MS. VANDRUFF: And Your Honor, complaint counsel would request, without getting into the merits because of witnesses who are present in the courtroom, but that the court conduct that examination as quickly as possible because it may be relevant to today's proceeding. JUDGE CHAPPELL: This might seem obvious, but when I read the letter from House counsel referring to the affidavit, I just want to make real sure, we are talking about the exact same affidavit? MR. RUBINSTEIN: Yes, Your Honor. JUDGE CHAPPELL: How soon could you have that delivered to room 110? MR. MASSARI: Within the hour, Your Honor. JUDGE CHAPPELL: Thank you. All right. Thank you. 1320 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 record by page and line number to the evidence that you intend to rebut. That way, I have no misunderstandings. I don't have to go from memory. The motion shall also demonstrate that the witness the party seeks to call has previously been designated on the witness list or that the evidence the party seeks to introduce has been previously listed on the exhibit list, unless good cause can be demonstrated as to why such exhibit could not have been previously listed or a witness could not have been previously listed in this case. And I suppose, after we hear testimony from Mr. Wallace, I'll ask complaint counsel if they want to pursue rebuttal and how much time they need to file a motion. And if the respondent just absolutely must do it, I will allow a reply or opposition to their rebuttal request, but there will be a very short time fuse on that as we're trying to move along. Any questions on that? MR. SHERMAN: No questions, Your Honor. MS. VANDRUFF: No, Your Honor. Thank you. Is Mr. Wallace here? MR. SHERMAN: He is, Your Honor. JUDGE CHAPPELL: Is he in the courtroom? 3 (Pages 1317 to 1320) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SHERMAN: He is, Your Honor. Would you like for me to point him out? JUDGE CHAPPELL: Mr. Wallace? MR. WALLACE: Yes. JUDGE CHAPPELL: Welcome. Thank you. It's been a long and winding road, but here we are. And your attorney is here. MS. BUCHANAN: Yes, Your Honor. Mary Beth Buchanan from the law firm of Bryan Cave and my associate, Jacquelyn Schell. MS. SCHELL: Good morning, Your Honor. JUDGE CHAPPELL: Good morning. And you have filed an appearance in the case? MS. BUCHANAN: Yes, Your Honor, we have. JUDGE CHAPPELL: All right. Thank you. MS. BUCHANAN: And we also have a pending motion before the court to ask the court's permission -JUDGE CHAPPELL: Whoa. I've got that on my agenda. I'll get to that. Thank you. You can have a seat. MS. BUCHANAN: Thank you, Your Honor. JUDGE CHAPPELL: It's been a while, so I'm going to bring everybody up to speed on where we are. Pursuant to a September 29 order requiring 1323 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Is the scope of the deposition following Mr. Wallace's direct examination limited to the subject matter of his direct examination? JUDGE CHAPPELL: I don't have that in front me, but I believe that was covered in the order I issued limiting that deposition. It was requested of me that the deposition of Mr. Wallace was only for cross-examination. Is that correct? To allow proper cross-examination, that was the purpose of the request. MS. VANDRUFF: That is the purpose, Your Honor. And I have Your Honor's order in front of me. JUDGE CHAPPELL: Well, you know, we don't have to go that far. They have two hours. They have two hours. Do you intend to go beyond the scope of direct? MS. VANDRUFF: Without hearing the direct, Your Honor, I don't know the scope of the deposition. JUDGE CHAPPELL: All right. Does anyone have a copy of that order? MS. VANDRUFF: Your Honor, with respect to the scope of complaint counsel's deposition, of course it may be necessary for complaint counsel to ask questions that relate to Mr. Wallace's credibility. JUDGE CHAPPELL: Credibility is always within 1322 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 testimony under grant of immunity, Mr. Richard Wallace, formerly of Tiversa, has been ordered to appear to testify at this evidentiary hearing. His testimony will be in public session, absent a showing under rule 3.45 that all or part of his testimony should be given in camera treatment. Also pursuant to the September 29 order and pursuant to the October 9 order and the authorization granted by the attorney general of the United States on November 14, 2014, Richard Wallace shall have immunity, under 18 United States Code Section 6002, in giving testimony or other information that he has refused to give on the basis of the privilege against self-incrimination. Mr. Wallace will be called to the stand on direct by respondent; is that correct? MR. SHERMAN: That's correct, Your Honor. JUDGE CHAPPELL: When respondent has finished its direct examination, we will be in recess to allow complaint counsel to depose Mr. Wallace pursuant to the December 8 order. And these are all 2014. Complaint counsel's deposition of Mr. Wallace shall not exceed two hours without further order from the court. MR. SHERMAN: Your Honor, I have a question concerning the scope of that deposition. 1324 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the scope of cross. MS. VANDRUFF: Thank you for that clarification. JUDGE CHAPPELL: Credibility, bias, impeachment, always within the scope. Does that help? MS. VANDRUFF: That does help, Your Honor. JUDGE CHAPPELL: All right. Beyond that, I'll refer you to the order I issued with the limitations on the deposition. MR. SHERMAN: Thank you, Your Honor. JUDGE CHAPPELL: And there will be no other limitations other than I've already expressed in that order. That matter is dealt with, previously. MS. VANDRUFF: Thank you, Your Honor. MR. SHERMAN: Thank you, Your Honor. JUDGE CHAPPELL: Pending motion. I have pending before me an unopposed motion to allow Mr. Wallace's counsel to engage in a redirect exam of Mr. Wallace after the conclusion of complaint counsel's cross-exam, provided that complaint counsel and respondent's counsel can thereafter reexamine Mr. Wallace based on the testimony adduced in the redirect questioning by Mr. Wallace's counsel. 4 (Pages 1321 to 1324) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1325 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Is my summary of the motion correct? MR. SHERMAN: To my understanding, Your Honor. MS. VANDRUFF: Complaint counsel agrees, Your Honor. JUDGE CHAPPELL: And as I've previously noted, Mr. Wallace's counsel has filed an appearance in this matter. Pursuant to commission rules 3.42(c) and 3.43(d), the unopposed motion is hereby granted. A written order confirming this ruling will issue within the next day or so. Mr. Sherman, do you intend to call any witnesses in addition to Mr. Wallace? MR. SHERMAN: We do not, Your Honor. JUDGE CHAPPELL: Thank you. I've made a number of evidentiary-type rulings, in the months since we were here, regarding various RXs and CXs. Are there any questions or clarification needed on any of those rulings? MR. SHERMAN: No, Your Honor. We would just -- as we've indicated to complaint counsel that certain documents that were the subject of respondent's motion to admit certain documents from the Oversight Committee's letter, that we 1327 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 a motion, and by order dated March 12, 2015, in camera treated was granted to a number of provisional exhibits. If those exhibits are offered into evidence, please identify them as in camera subject to the March 12 order. MS. VANDRUFF: I understand, Your Honor. It's complaint counsel's understanding that respondent wishes to use portions of certain of those documents during his examination, and I defer, Your Honor, without having to -- we can address that now or we can address it during the examination. JUDGE CHAPPELL: Have you conferred on how you're going to handle this? MR. SHERMAN: We have, Your Honor. JUDGE CHAPPELL: Is there a disagreement? MR. SHERMAN: Yes, there is. JUDGE CHAPPELL: I'll handle the disagreements. MS. VANDRUFF: Well, I don't know that it's a disagreement, Your Honor. MR. SHERMAN: I don't know that it's a disagreement. We conferred concerning the 1718 File. Mr. Wallace, since we last were before Your Honor, produced two iterations of the 1718 File. We intend to 1326 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 intend to, as per the court's order, lay the proper foundation for admission of those exhibits, certain of those exhibits. Complaint counsel is aware of which exhibits we intend to comply with the court's order by laying a correct foundation. JUDGE CHAPPELL: With a witness? MR. SHERMAN: Yes, sir. JUDGE CHAPPELL: Other than Mr. Wallace? MR. SHERMAN: No, sir. JUDGE CHAPPELL: Okay. Which is why you said no to any other witnesses. MR. SHERMAN: That's correct, Your Honor. JUDGE CHAPPELL: All right. Thank you. Thanks for letting me know that. Anything further? MS. VANDRUFF: Not from complaint counsel, Your Honor. Thank you. JUDGE CHAPPELL: Let's talk about in camera issues. By a February 19, 2015 order, the parties and nonparties were directed, "If a party or nonparty has material that has been or will be offered into evidence, the deadline for filing a motion for in camera treatment is February 24, 2015." Pursuant to that order, complaint counsel filed 1328 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 introduce those 1718 Files into the record, but we do not intend to display those files in toto. We do not intend to display any page of those files which contains PII or PHI. We only intend to display the cover sheet so that Mr. Wallace can identify it for what it is. JUDGE CHAPPELL: These are different documents than we've seen before. MR. SHERMAN: They are the same document. They are produced from a different source. JUDGE CHAPPELL: But they're identical to documents that have been granted in camera status? MS. VANDRUFF: And Your Honor, I think that the response to that question needs to be elicited from Mr. Wallace as opposed to characterized by Mr. Sherman. JUDGE CHAPPELL: In the event there are documents that I would call related to, springing from, fruit of a document, for example, 1718 File, that are somewhat different, if they would fairly come under the in camera ruling, then bring that up, and we'll give them an identifier, like if it was RX 54, it would be RX 54-A, so we're very clear on the record. I don't need to go into another analysis for in camera if the document is very similar but in some respects different. 5 (Pages 1325 to 1328) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1329 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Is that clear? MS. VANDRUFF: I think it is, Your Honor, although the conference that Mr. Sherman and I had this morning, complaint counsel doesn't necessarily have any concerns about the single page that Mr. Sherman intends to use being granted in camera treatment, if that's helpful to the court. MR. SHERMAN: Well, I don't mean to sound flip. Why would you have a concern with a single page being granted in camera treatment when I think the issue that we're trying to address is whether or not it's necessary to go in camera for Mr. Wallace to identify the cover page of the document, state what it is and then -JUDGE CHAPPELL: I see. We're talking about two different things. We're talking about a document that's been granted in camera treatment and we're talking about an in camera proceeding where we clear the courtroom. And the general rule there, when in doubt, we clear out. But if the attorneys are aware where we are and the witness is advised, don't go into anything that's protected without letting us know, then we can keep the public in the courtroom. And is Mr. Wallace aware of the information 1331 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Any other questions before we hear Mr. Wallace? MR. SHERMAN: The only other -- there's a couple of small matters. I am told that Mr. Wallace is hard of hearing, so I am going to be speaking probably directly into the microphone when addressing him. And I would, you know, suggest and implore complaint counsel to do the same, as well as the court, may it please the court. JUDGE CHAPPELL: Would it help to question the witness from the middle of the courtroom? MS. BUCHANAN: Yes, Your Honor, it would. Mr. Wallace also reads lips, and so when you're questioning the witness and any of the parties, if they can directly face him, he can hear out of his left ear, and so he is very hard of hearing and if counsel could look directly at him when they're asking questions. JUDGE CHAPPELL: Unfortunately, the acoustics are not that good. They were, however, state of the art when this building was built in 54 A.D., but it's difficult to hear in the courtroom. With that, call your next witness. MR. SHERMAN: One other matter, Your Honor. JUDGE CHAPPELL: All right. MR. SHERMAN: Mr. Wallace's counsel has requested that she be allowed to sit at counsel table 1330 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that's been given in camera treatment? MR. SHERMAN: I don't know. I've not been able to speak to Mr. Wallace -JUDGE CHAPPELL: Mr. Wallace -MR. SHERMAN: -- given the type of immunity that he has. JUDGE CHAPPELL: -- if you or your attorney -if you need to answer a question and you or your attorney feel like it's getting into an area that might be in camera or kept private, just let us know that we may need to have this answer given in private, and we'll determine it at that time. All right? MS. BUCHANAN: I think one of the issues, Your Honor, is that we do not know precisely which documents he's seeking in camera treatment for. JUDGE CHAPPELL: All right. Then the attorneys questioning the witness are on guard. If the witness goes into an area that might be in camera, let me know. We try to make the hearing and proceeding public to the extent possible, but we don't want any mistakes. We can't unring the bell if something comes out in open court. And there is always someone from the press in the courtroom. And we invite them, bring them on, but there are certain things that shouldn't be disclosed. 1332 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 while Mr. Wallace is being questioned. We have no objection to that, but it's your courtroom, Judge. MS. VANDRUFF: And there's no objection from us. JUDGE CHAPPELL: Do you want to sit over here (indicating)? MS. BUCHANAN: I'm happy to sit anywhere. JUDGE CHAPPELL: I mean, have you chosen a desired location? MS. BUCHANAN: Well, I actually was thinking the witness stand was -JUDGE CHAPPELL: It's over here (indicating). MS. BUCHANAN: Oh, okay. Well, then sure, the other side is actually more convenient. JUDGE CHAPPELL: Our dock is over here (indicating). So if you want to give her a chair or if she wants to -- whatever you guys want to do is fine. (Pause in the proceedings.) MR. SHERMAN: One other housekeeping matter, Your Honor. If there are any witnesses in the courtroom, I would request sequestration of any other witnesses, particularly those who may be called in rebuttal or those who have testified before. I don't know that 6 (Pages 1329 to 1332) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 there are. JUDGE CHAPPELL: The rule has just been invoked. Anyone who knows they're going to be a witness in this proceeding needs to leave the courtroom. MS. VANDRUFF: Your Honor, may I approach? JUDGE CHAPPELL: Off the record? MS. VANDRUFF: We can do it off the record or in camera. I don't think it's appropriate to do it in open court. JUDGE CHAPPELL: All right. Come on up. MS. VANDRUFF: Thank you. (At the bench, the following discussion was held off the public record.) 1335 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (In open court.) JUDGE CHAPPELL: Are there any Tiversa employees in the courtroom? If so, please stand and identify yourselves. MR. LIBEN: Your Honor, my name is Lucas Liben. I'm outside counsel for Tiversa. There are no Tiversa 1334 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1336 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employees in the courtroom this morning. JUDGE CHAPPELL: Thank you. (At the bench, the following discussion was held off the public record.) (In open court.) JUDGE CHAPPELL: Go ahead, Mr. Sherman. MR. SHERMAN: Your Honor, I will withdraw my motion for sequestration of the witnesses at this time with a reservation of rights to remake the motion should circumstances change. JUDGE CHAPPELL: Okay. And I'll request that counsel for Tiversa inform the court if any employees of your client enter the courtroom. MR. LIBEN: Absolutely, Your Honor. JUDGE CHAPPELL: Thank you. Mr. Sherman, call your next witness. 7 (Pages 1333 to 1336) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1337 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SHERMAN: Rick Wallace. - - - - Whereupon -RICHARD EDWARD WALLACE a witness, called for examination, having been first duly sworn, was examined and testified as follows: DIRECT EXAMINATION BY MR. SHERMAN: Q. Mr. Wallace, for the record, could you state your full name. A. Richard Edward Wallace. JUDGE CHAPPELL: If at any time you don't hear a question, just let us know. THE WITNESS: Okay. BY MR. SHERMAN: Q. And you can hear me okay? A. Yeah. Q. Mr. Wallace, are you a former employee of a company known as Tiversa? A. Yes, I am. Q. When did you begin your employment with Tiversa? A. July of 2007. Q. When did you end or did your employment end with Tiversa? 1339 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 U.S. Army? THE WITNESS: Yes. Uh-huh. BY MR. SHERMAN: Q. Which employee from Tiversa contacted you? A. Bob Boback. Q. And who is Bob Boback? A. He was the CEO or still is the CEO as far as I know. Q. And did Bob Boback describe for you what he wanted you to do in the course of your employment with Tiversa? A. Yes. Q. What did he say? A. They arranged for me to travel from Illinois out to Pittsburgh, where there were two meetings that I had with Bob and then also the rest of the executive team, and I would be hired as a forensic analyst. Q. And what was your understanding of what a forensic analyst at Tiversa would be required to do? A. A forensic analyst at Tiversa would not be limited to but that one function would be to look through data that has been downloaded and ticket it for clients, meaning write up a one-page narrative normally, where the information is found, what type of information it is and who the disclosing source could 1338 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Did I do what? Q. When did your employment end? A. February of 2014. Q. When you began your employment with Tiversa -well, how were you contacted to -- strike that. How did you find out that there was an employment opportunity at Tiversa? A. I was mentioned in a news article out of Fox News Chicago, and employees at Tiversa saw that I was quoted in that article and they made contact with me. Q. What was the substance of that article? A. It was the ability to find and expose data, PII, that is loose on peer-to-peer networks. Q. And so you were the subject of an article based on your ability to find PII on peer-to-peer networks? A. Yes. Uh-huh. Q. And were you finding PII on peer-to-peer networks for any particular purpose at that time? A. At that time, no, other than, prior to being mentioned in this article, my wife was in the Army -she was a major in Germany -- and we were looking for soldiers' information that has been inadvertently exposed. JUDGE CHAPPELL: She was a major in the 1340 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 possibly be. Q. In your meetings with Tiversa prior to employment, was Tiversa's business explained to you; in other words, did they explain what Tiversa was in the business of doing? A. Yes. Data security company. Data security. Q. And being a data security company, they did what? A. They would scour peer-to-peer networks and download information that's available on predominantly the Gnutella network back in those days. JUDGE CHAPPELL: I just want the record to be clear. Is that what you did or what Tiversa did? THE WITNESS: Is that what what? JUDGE CHAPPELL: What you just described, is that what your job was or is that what Tiversa did? THE WITNESS: Tiversa's platform was a series of algorithms that allowed the entire peer-to-peer network to be captured not going any deeper into any computer system but just has more breadth. JUDGE CHAPPELL: So we're probably going to hear more about what your job was. Was there anyone else at Tiversa doing what you 8 (Pages 1337 to 1340) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1341 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 did at the time? THE WITNESS: Yes. JUDGE CHAPPELL: Who was that? THE WITNESS: There was Keith Tagliaferri. He was an analyst. We were just basically the only two analysts at that time. The other people were sales and support and executive level. JUDGE CHAPPELL: So there were two Tiversa employees, one being you, doing basically the same job. THE WITNESS: Right. JUDGE CHAPPELL: Thank you. BY MR. SHERMAN: Q. Can you describe how you did your job when you got to Tiversa, what did you do? A. When I was first brought on, we were preparing for a congressional hearing, and I was told to basically use any and all means available to find information that would be relevant for that hearing. Q. What kind of information was relevant for that hearing? A. Everything from health insurance information to, you know, PII, Social Security numbers, basically anything that should not be out, you know, on these networks. Q. Is it safe to assume that you did that and you 1343 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 be able to use those clients to supplement other information that Tiversa's system possibly hadn't downloaded. So it would be just another tool to supplement the information that Tiversa would have in the data store. JUDGE CHAPPELL: Who made the decision of what to download? THE WITNESS: That would be the person sitting at the keyboard, so me. JUDGE CHAPPELL: Did you have a set of written parameters like if you find this, you download it, or how did that work? THE WITNESS: No. Because it would be very difficult to know what's inside of a file prior to downloading it. You know, it could be a file titled, you know, ABC123, and inside of that file could be several thousand Social Security numbers or it could be, you know, a child's homework, so you wouldn't really know what you're downloading until you open it up and review the data. JUDGE CHAPPELL: So when you did a search, to do a view, you would have to download; is that correct? THE WITNESS: What you would do is you would issue a search, for example, whatever type of 1342 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provided that information to whomever was testifying at the congressional hearing for Tiversa? A. Yes, I did. Q. And who testified at the congressional hearing for Tiversa? A. That was Bob Boback, our CEO. Q. Did you attend the hearing? A. I did not. JUDGE CHAPPELL: Let me ask a question. Sometimes I wait until the end, but there are certain phrases of things I need to understand. We've been waiting a long time for Mr. Wallace, so I have a few things I just need to understand. I've heard you talk about viewing, searching and downloading. In the context of your job at Tiversa, tell me what each term means, "downloading," "viewing" and "searching." Did you do all of these or do they mean the same thing? Tell me what they meant in the context of your work. THE WITNESS: There were multiple positions -or multiple activities under my position. One of them would have been, you know, using a standard, off-the-shelf peer-to-peer client, such as LimeWire or BearShare or Kazaa or Morpheus, any of those that are, you know, affiliated with the Gnutella network. I would 1344 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information you're looking for. You would -- if we were looking for insurance information for a healthcare company, I might use the name of that company, I might use "insurance," I might use "report," anything that would generate a file to download or would be able to identify an exposed file at -- on one of these networks. JUDGE CHAPPELL: And once you downloaded a file, what did you do with it? Did you decide that, okay, this is worth something and then you tell Mr. Boback? THE WITNESS: Yes. JUDGE CHAPPELL: How did that process work? THE WITNESS: Basically, I worked very closely at the time with Bob Boback. If it was something of -significant in nature, then I would definitely go to Bob and say this is what we have, you know, and he would make the decision at that point how to best monetize that information, whether it be giving it to a salesperson or him calling the company directly. JUDGE CHAPPELL: All right. Thank you. BY MR. SHERMAN: Q. So, Mr. Wallace, when you were viewing files, is it correct to say that when you were viewing files on the network, you were not actually viewing the content 9 (Pages 1341 to 1344) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1345 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of those files? A. You would start out by viewing the file title, the type of file that it is, and you would record the IP and port. Q. And was a decision made based on the title whether you would then download the file to attempt to view the content? A. No. I mean, this is on a DSL line, so it's not going to cost you any more to download 50 files today rather than, you know, 150, so basically pulling down any and all information that was available. Q. So is it your testimony that while doing your job, you would search the peer-to-peer networks and pull down any and all information that was available? A. That is correct, yes. Q. You used the term "pull down." Does that mean that you would download those files? A. Yes. When you are on these networks, you have the ability to find what you're searching for. You know, you find a file that you can also browse that host and see what other files are emanating from that IP address. JUDGE CHAPPELL: In your job, did you do a 1347 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 these communications begin? A. I couldn't say for sure, but I would venture to speculate maybe around two months after. Q. And were you present during these communications? A. Yes. Q. And how often were these communications occurring once they began? A. There were different things happening, so sometimes there would be communication that was quite frequent, other times, you know, maybe weekly. JUDGE CHAPPELL: For the record, you asked him a question about after the congressional hearing. Have you established on the record when that began? BY MR. SHERMAN: Q. The congressional hearings that you believe I'm talking about occurred in 2007, shortly after you began working at Tiversa; correct? A. That's correct. July 2007. JUDGE CHAPPELL: Just so I'm clear -- I'm asking you this -- these letters from Chairman Darrell Issa, the letters that we got, that all began in 2007? MR. SHERMAN: No, sir. JUDGE CHAPPELL: This is a different hearing? MR. SHERMAN: Yes, sir. 1346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 complete search like a Google search of the Internet or did you only search peer-to-peer networks? THE WITNESS: Normally only peer-to-peer networks. However, if there was not enough information to identify who the possible source of the files are, then you might go to Facebook and see if they, you know -- if you have meta data, you might be able to go find their Facebook profile or a news article or something like that on Google that would help you identify the person that the -- is the source of the information. JUDGE CHAPPELL: So am I correct that the first broad net you cast was a peer-to-peer search only? THE WITNESS: That is correct, yes. JUDGE CHAPPELL: And then you would drill down if need be. THE WITNESS: And then drill down from there, yes. BY MR. SHERMAN: Q. After the testimony at the congressional hearing for which you provided some documentation, did there begin to be communications between Tiversa and the FTC? A. Yes. Q. How soon after the congressional hearing did 1348 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: All right. Let's just keep the record clear then. MR. SHERMAN: I understand. BY MR. SHERMAN: Q. You said sometimes the communications between Tiversa and the FTC were weekly; correct? A. Yes. Q. Were there times when they were more frequent than that? A. There were times when I was working on a project specifically for the FTC that there might need to be several calls in a short period of time to clarify, you know, rectify, explain. Q. And was that during the period two months after the 2007 congressional hearings or was that at some later time? A. It was at a later time. I couldn't say specifically. Q. So let's talk about the period more closely related to immediately after the 2007 congressional hearings. Correct me if I'm wrong. I believe your testimony is that there began to be communication between Tiversa and the FTC approximately two months after those hearings took place. Correct? 10 (Pages 1345 to 1348) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1349 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, approximately. Q. And during that time, the communications were how frequent? A. It was hit-and-miss. We did, you know, receive a visit from some individuals from the FTC where we were able to showcase, if you will, the technology and type of information that's available on these networks, but it wasn't -you know, there was a process there where there were some legal hurdles, from what I understand, that had to be dealt with prior to the FTC using the data we could provide. JUDGE CHAPPELL: When you say you got a visit from the FTC, where did these visits take place, city and town -- I mean, city and state? THE WITNESS: What was it? JUDGE CHAPPELL: Where did the visits take place, what city and what state? THE WITNESS: Cranberry Township at Tiversa's -this is prior to Tiversa buying the building in Pittsburgh. JUDGE CHAPPELL: In Pennsylvania? THE WITNESS: Yes. BY MR. SHERMAN: Q. You indicated that you participated in these 1351 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. And Bob Boback did not feel comfortable providing information to the FTC under Tiversa's name. At the time, there was talk of a possible acquisition, that Tiversa would be acquired by another large identity theft company, so we didn't want to muddy the waters at the time, so that extended the whole process. Q. You mentioned the FTC visiting Tiversa in Pennsylvania; correct? A. Yes. Q. Do you recall what year that occurred? A. That would have been the fall or winter of 2007. Q. So that was after the congressional hearings and testimony that we have been talking about? A. Yes. Q. When did the FTC begin requesting information of a certain threshold, as you described? A. It was after another entity was set up that a formal request could be made from the FTC to Tiversa. That's when that threshold and different types of information were gathered up and, you know, put together. JUDGE CHAPPELL: I have a question. Do you know who initiated the contact or 1350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 communications beginning in 2007; correct? A. Yes. Q. What was the subject matter of those communications? What did you talk about? A. We talked about information that was available on these networks. You know, there's always the big wow factor when people would visit our facility, like, you know, my gosh, I can't believe that this information is available for anyone to download. Then it -- it went from there to providing information that only met a certain threshold that was relatively fluid at the beginning, but we were able to work through it. Q. So are you saying that the FTC began requesting information that met a certain threshold? MS. VANDRUFF: Objection, Your Honor. This is respondent's witness. I'd ask that he not lead the witness, please. JUDGE CHAPPELL: That was a good example of a leading question. Sustained. I know you were clarifying, but it was leading. BY MR. SHERMAN: Q. Did the FTC begin requesting information that met a certain threshold? 1352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 communications with Tiversa and the FTC? THE WITNESS: Well, it was Bob Boback was testifying along with -- and I'm not -- I don't remember her name, but it was some executive from the FTC at the same hearing. JUDGE CHAPPELL: So there would have been a meeting at the hearing. THE WITNESS: They were -- both Bob and the lady from the FTC were testifying at the same hearing. JUDGE CHAPPELL: But you're not sure who suggested meeting, whether it was the FTC or Tiversa. THE WITNESS: No. I don't know. JUDGE CHAPPELL: Off the record. (Discussion off the record.) Go ahead. BY MR. SHERMAN: Q. Mr. Wallace, do you know what a civil investigative demand is? A. Yes. I'm familiar with that. Q. And how are you familiar with what that is? A. That is a document that came from the FTC to -well, there was some talk about it being issued to Tiversa. We backed out of that process and accepted it through another company. Q. What other company accepted the civil 11 (Pages 1349 to 1352) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1353 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 investigative demand? A. The Privacy Institute. Q. Do you know whether the Privacy Institute existed prior to the talk of issuing the civil investigative demand to Tiversa? A. No, it did not. Q. So is it your understanding that the Privacy Institute was established for the sole purpose of receiving the CID from -- the civil investigative demand from the FTC? MS. VANDRUFF: Objection, Your Honor. Leading. JUDGE CHAPPELL: Any response? MR. SHERMAN: I can rephrase the question. JUDGE CHAPPELL: Thank you. BY MR. SHERMAN: Q. What is your understanding as to why the Privacy Institute was established? A. It was a way to protect Tiversa from knowingly giving other entities information because, like I said, at the time there were some talks about an acquisition. Q. Did you do anything in order to help the Privacy Institute respond to the civil investigative demand? A. Yes. Q. What did you do? 1355 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Pause in the proceedings.) Do you still need to approach? MR. SHERMAN: If he can identify what it is, we will not. BY MR. SHERMAN: Q. Mr. Wallace, can you identify what that document is? A. It looks to me like it's a redacted spreadsheet that would have information from LabMD in their insurance aging file. This probably came from a list that we used for IRCs they're called, incident response cases. MS. VANDRUFF: Your Honor, I'm sorry to interrupt the witness, but his testimony was predicated with that it probably did, and I'd ask that the witness be restricted to what's within his personal knowledge as opposed to his speculation. JUDGE CHAPPELL: That's sustained. MS. VANDRUFF: Thank you, Your Honor. MR. SHERMAN: Your Honor, may we approach? JUDGE CHAPPELL: Yes. (At the bench, the following discussion was held off the public record.) 1354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. I collected companies' information and the actual files that were associated, burned those to discs, and they were provided in compliance with the CID. Q. Did you provide anything else in response to the CID? A. Not that I'm aware of. JUDGE CHAPPELL: I just want to be clear of something. This is not something within my purview. Was there only one civil investigative demand that we're talking about? Was there only one sent to Tiversa? THE WITNESS: Yes. Only one that I'm aware of. JUDGE CHAPPELL: Thank you. BY MR. SHERMAN: Q. Is there a page on the screen in front of you, Mr. Wallace? A. Yes. I can't really tell what it is, but there is. I'm familiar with what that is. MR. SHERMAN: Your Honor, can we approach the bench? JUDGE CHAPPELL: Yes. But whoever is displaying the document can increase it to 100 percent. You can make it larger. 1356 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12 (Pages 1353 to 1356) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1357 1359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. What is an IRC? A. An incident response case. It would be if you -- if an individual or a company has a data breach, their information, as the analysts are going through data, they would enter it into a database or a spreadsheet so that the salespeople or Bob or whoever would be able to make the phone call to describe the problem that they're having and then offer them remediation services. Q. So the document that you have in your hand was created in response to the CID? A. It began as a spreadsheet for the IRCs but was then copied and pasted for response to the CID, yes. And this is a working copy as well. JUDGE CHAPPELL: You said that if there was a data breach, the analysts would -THE WITNESS: Pardon me? JUDGE CHAPPELL: You said that if there was a data breach found, the analysts would create an IRC? THE WITNESS: You would take the information -that's where this came from. JUDGE CHAPPELL: And the analysts would be you or the other name you gave me earlier? You were the two analysts? THE WITNESS: Right. 1358 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (In open court.) JUDGE CHAPPELL: Mr. Wallace, we've had an objection which I sustained. You're allowed to testify to what you know, what you saw, what you did. And maybe inadvertently, because you're not an expert witness, you were talking about something probably was or might be. Let's stick to what you know for certain and no speculation. THE WITNESS: Okay. JUDGE CHAPPELL: Thank you. MR. SHERMAN: May I approach the witness, Your Honor? JUDGE CHAPPELL: Yes. BY MR. SHERMAN: Q. Mr. Wallace, I've just handed you what's been marked as RX 551 for identification purposes only. I'll ask that you take a look at that document and tell me whether or not you recognize it. A. Yes, I do. Q. What is it? A. This began as a list for IRCs and was the information that was provided to the FTC in response to the CID. 1360 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: Is there something else you wanted to say? THE WITNESS: Or if there's a salesperson that's in the data store looking around, maybe they would find a company that's on here, they would put the information on there, the amount of people affected, the type of information it was, the file title. The only thing that is not on here is the IP address. JUDGE CHAPPELL: And you referred to something called a data breach. What would be a data breach that would create this IRC? THE WITNESS: It would be any of these individuals who the analyst would come across their information and a way for us to monetize and sell our services, whether it be data monitoring, a takedown notice that we could issue to an ISP. The IRC is different than -- it's more of a one-off, if you will. Rather than purchasing a monitoring contract over an extended period of time, maybe this company only has one file with 5,000 people's PII it's about and they just need the name of the person that is exposing it. JUDGE CHAPPELL: You might have misunderstood my question. 13 (Pages 1357 to 1360) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1361 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 At the time you and the other analysts were doing this job, what was considered to be a data breach? You said you would look at a data breach. What was a data breach? What would constitute a data breach? THE WITNESS: There was no guideline. It was based on what the analyst or the salespeople that were in the data store, what they would constitute as information that should not be available publicly. JUDGE CHAPPELL: And you used the word I think "monetize"? THE WITNESS: Yes. JUDGE CHAPPELL: Something that could be monetized? THE WITNESS: We -- early on, we were having problems at Tiversa, we were having problems selling a monitoring contract, so we started contacting individual companies when information came out, and you would be able to charge them a lesser amount than a yearlong contract, just basically a one-off to take care of that problem right then. JUDGE CHAPPELL: All right. Thank you. BY MR. SHERMAN: Q. So, Mr. Wallace, without naming any of the companies on that list, does this represent -- and I 1363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Why does their name appear on the list? A. So that the FTC would contact them and notify them of a data breach and hopefully we would be able to sell our services to them. Q. Did someone tell you to put their name on the list? A. Yes. Q. Who? A. Our CEO, Bob Boback. Q. Why? A. To use -- to be able to use any means necessary to let them know that an enforcement action is coming down the line and they need to hire us or face the music, so to speak. Q. Did you, at the time this was created, have information on companies who fit the threshold but whose names do not appear on that list? A. Yes. Q. Why does their name not appear on the list? A. The list was scrubbed of all clients in the past and future clients that we felt that there might be, you know, the prospect of doing business with them. Their information was removed. Q. Clients of Tiversa? A. Yes. 1362 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 think you've already testified to this -- does this represent the list that you created or compiled to respond to the CID? A. Yes. Q. Approximately how many companies appear on that list? A. I believe there were eighty- -- like 89 I want to say. Q. Was there a criteria for which companies should appear on that list? A. There is. Q. And what is it? A. That was 100 individuals' PII. That was the threshold, if you will. Q. And who determined that threshold? A. I am not sure. I know it came -- I received the threshold from Bob Boback. Q. And so is it fair to say then that each company's name who appears on that list had PII exposed for over 100 people? A. No. I mean, I can see that that's -- there are some on here that only have ten people exposed. Q. Why does their name appear on the list? A. In order to basically get the most bang for our buck. 1364 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Who made the decision to remove their names from the list? A. Bob Boback. Q. In response to a question that the judge asked you, you indicated that there was an effort to monetize this information. Do you recall saying that? A. Yes. Q. How did Tiversa monetize the information that they would gather from the peer-to-peer networks? A. Either by selling a monitoring contract which would look for a certain amount or a certain number of keywords over a certain period of time or an IRC, which would be, again, like a one-off, that you would just take care of that, you know, that breach or that problem at that given point. Q. Were you aware of whether every company that Tiversa contacted accepted the offer to do business with Tiversa? A. Did you say did every company accept it? No. Q. When a company refused to do business with Tiversa, did Mr. Boback have a certain reaction to that? A. Yes. Q. What was that reaction? A. Usually it would be something to the effect of 14 (Pages 1361 to 1364) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 they -- you know, they -- I've heard this said many, many times, that, you know, you think you have a problem now, you just wait. It would -- their information would then proliferate over these networks, actually in our data store, but we would make it look like data had spread to multiple places to then follow up with that company again and try to get them to do business again. Q. Are you aware of whether or not LabMD agreed or refused to do business with Tiversa? A. I think initially I don't think that there was a -- I don't think that they did not want to do business with Tiversa initially, and I think that as the communication advanced back and forth from Bob and different people with LabMD, I think that that's when they decided that they did not want to do business with Tiversa. Q. Did Mr. Boback have a reaction to LabMD's decision not to do business with Tiversa? A. Yes. Q. And what was that reaction? A. Do I say it? MS. BUCHANAN: Answer the question. THE WITNESS: He basically said f--- him, make sure he's at the top of the list. 1367 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 bad guy's IP address at, you know, Apache Junction, Arizona or wherever you could find a bad guy to put the file there as far as the system sees it, but it's really -- no data is transferring. Q. Can you explain to us -A. Pardon me? Q. Can you explain to us how you would make it appear as though the data had proliferated? A. Sure. So as we talked about earlier, if you use a stand-alone client like a LimeWire or Kazaa or BearShare or whatever you have to supplement the data store with information, there is a folder that I would direct -- or that I would put files in that would show up in the data store, you know, with Coveo or whatever application you're using to have a front end. It would show up just like it was downloaded from that IP. JUDGE CHAPPELL: Let me get this straight. So it was your job, number one, to make it look like it was proliferated, but you also did -THE WITNESS: Yes. JUDGE CHAPPELL: -- spread the document out there. THE WITNESS: Yes. JUDGE CHAPPELL: You made it look like it and 1366 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SHERMAN: Q. What list? A. This list in my hand (indicating). JUDGE CHAPPELL: Is there an average contract that you can tell me what -- what would be the cost of a contract for a company? THE WITNESS: It would depend on the size of the company. Some of the larger financial companies we were selling monitoring services for, you know, in the million dollar price range, or a small mom-and-pop company, you know, might be in the low thousands per month. JUDGE CHAPPELL: That's a million per month? THE WITNESS: A million per year. That was one of our largest contracts. BY MR. SHERMAN: Q. You testified earlier that when a company would refuse to do business with Tiversa, somehow their information would proliferate. A. Yes. Q. What do you mean by that? A. Basically what happened would -- there needed to be a reason for Bob or somebody at Tiversa to contact that individual again or that company, so in order to use the -- you basically say that your file spread to a 1368 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you actually did it. THE WITNESS: Pardon me? JUDGE CHAPPELL: You actually did it. You actually made it available around the Internet in peer-to-peer -THE WITNESS: No. No. We would only make it appear to have been downloaded from a known bad actor. So if you have an identity thief in Arizona, say, for example, we already know law enforcement has already dealt with that individual. We know that the IP is dead. We know that the computer is long gone. Therefore, it's easy to burn that IP address because who's going to second-guess it. JUDGE CHAPPELL: So to boil this down, you would make the data breach appear to be much worse than it actually had been. THE WITNESS: That's correct. JUDGE CHAPPELL: Go ahead. BY MR. SHERMAN: Q. Is there a document on your screen, Mr. Wallace? A. Yes. Q. I submit to you that what's on your screen has been marked as CX 19 and has been admitted into evidence in this case. 15 (Pages 1365 to 1368) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1369 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Do you recognize that document? A. Yes, I do. Q. What is that document? A. That is a list of IP addresses that was created in the November 2013 time frame of Bob came to me and basically said that him and LabMD are having it out, there's -- I didn't really follow the whole legal proceedings, but I knew that there was some bad water there. And Bob said that under no circumstances can the insurance aging file appear to have come from a 64 IP or in the Atlanta area. These IPs that are used here, these are all identity thieves that was provided from me to Bob. Q. How do you know these are identity thieves' IP addresses? A. Because you can look in the data store and see what files they downloaded and what files they're reexposing. And plus I worked with law enforcement, so I'm very familiar with all four of these. Q. So the purpose of creating the document in front of you was what? A. That was after Bob came to me and said that under no circumstances can the insurance aging file originate from a Georgia IP address or an Atlanta area IP address. And in addition to that, he told me to 1371 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Yes. JUDGE CHAPPELL: "Data store," what does that mean? THE WITNESS: It is a depository of ICE long servers that as data is pulled in from different networks or peer-to-peer networks, it's stored in the data store. JUDGE CHAPPELL: Was it something on your computer, your server at Tiversa? THE WITNESS: Yes. It would be accessible from a workstation at Tiversa. There are several workstations. JUDGE CHAPPELL: And what was in the data store? THE WITNESS: That would be hard copies of files that were downloaded from the Gnutella network. JUDGE CHAPPELL: This would not be where these IP addresses would be located. THE WITNESS: Yes. JUDGE CHAPPELL: It would be or would not be? THE WITNESS: It would be. JUDGE CHAPPELL: So that was also there, where a file could be located, as well as the actual file? THE WITNESS: Yes. BY MR. SHERMAN: Q. Mr. Wallace, during the course of your 1370 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 find an individual in San Diego to include with this list. Q. To your knowledge, was the insurance aging file belonging to LabMD ever found at any of these IP addresses on this list? A. No, it was not. Q. Where was the insurance aging file that belonged to LabMD found? MS. VANDRUFF: Objection. THE WITNESS: It was on our workstation. MS. VANDRUFF: Mr. Wallace, excuse me. I'm sorry. Mr. Wallace may be competent to answer that question, but I believe that Mr. Sherman needs to lay the foundation first. JUDGE CHAPPELL: The question regarding where the insurance aging file that belonged to LabMD was found? MS. VANDRUFF: Correct. How Mr. Wallace would have personal knowledge of that fact. MR. SHERMAN: I'll lay a foundation, Your Honor. JUDGE CHAPPELL: All right. Go ahead. Before you do that, Mr. Wallace, you've used the term "data store." 1372 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 employment at Tiversa, did you find the LabMD insurance aging file? A. Yes, I did. Q. How did you find that file? A. I was looking, using a stand-alone desktop computer, looking for a health insurance company who we were providing data services for. Again, I was using that to supplement the -- Tiversa's Eagle Vision, is what it's called or what the secret sauce is, so I was using that just to look and see if there's information that our systems were not downloading or not catching. Q. And in doing that, you -- did you come across the insurance aging file? A. Yes. Q. And where did you find the insurance aging file? A. That was in Atlanta. Q. And were you able to then capture the IP address? A. Yes. Basically, I downloaded the insurance aging file, saw that it was something of interest for sure, browsed the host and downloaded the additional files that were at that IP. JUDGE CHAPPELL: Let me talk about the data store again. You were talking about you would make it appear 16 (Pages 1369 to 1372) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1375 1373 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that a file was proliferated when it actually wasn't. Could you tell by looking at your data store where the file actually had been seen or downloaded from as well as these IPs you had created to make it appear to be worse? THE WITNESS: Yes. Because the folder where I would add that information to or the -- prepend the IP address to the file title, it would go into a separate folder that was called Input From Lab, so it wasn't stored in the normal directories that the rest of the files would be. JUDGE CHAPPELL: So you could -- you knew exactly where the file had been found, but how did you then show that to -- let's say Company B didn't want to have a contract and you were told to make it look like the file was all over the Internet. How did you show that information to Company B? How did you demonstrate that? THE WITNESS: Usually it would be after the fact, Bob would make contact with the company, without coming to me or coming to anyone else first, and say, you know, your file has spread to three additional IP addresses, it's in Europe and Nigeria and Poland and who knows. So then it would be up to me to make it appear 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 address prepended to the file title. Q. I think you skipped a couple. Right after the "at" symbol, what is that? A. That is the time. Q. The time of what? A. The time of the modification. It's a date and time of when the file was either modified or downloaded. Q. And the following numbers after that, what is that? A. That is the IP address on the front with the file title. That is exactly how it would be indexed in our data store so that the IP addresses would show up properly. That's why they're in brackets, the IP address. Q. Okay. So if someone were to go to Tiversa's data store around the time that -- shortly after this document was created and they searched the 173.16.83.112 IP address, would they find an indication that the insurance aging file was downloaded from that IP address? A. Yes. It will be in the Input From Lab directory. Q. How did that information come to be there? A. Pardon me? 1376 1374 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that way in the data store so, if there was ever an audit or, you know, somebody was catching on, the data would be there if you -- Coveo is basically a front end for the data store. It's like a Google site, so you could type in there "insurance aging" and it's going to come up with a list of IP addresses along with the file, date and time. So in order to have that displayed, it needs to be inside the data store and indexed. JUDGE CHAPPELL: In the scenario you just gave me for fictitious Company B, when Mr. Boback told Company B that, that was untrue. THE WITNESS: Yes. BY MR. SHERMAN: Q. So let's look at the document that's on your screen. The first set of numbers on the first horizontal line of information, what is that number? A. That is an IP address. Q. The second set of numbers, what is that? A. That is the -- would be the date and time modified or downloaded. Q. The third set of numbers after the "at" symbol? A. That would be the file title and the way that it would be saved in the Tiversa data store with the IP 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. How did that information come to be there in the data store -A. It would be -Q. -- under that IP address? A. It would be from me inputting it in there. So you have your Eagle Vision system that is automatically creating directories and saving data, files, if you will, and then there's the other half of it, which was a scratch drive, basically my drive, where I could deposit files with a modification date to make it look like on the main screen that, yes, it came from this IP address; however, if you were to go look at the file individually, you would see that it was put in there from the input. JUDGE CHAPPELL: Hold on a second. This IP address, let's say the line 1, 173., et cetera, are you familiar with that IP address, the first line? THE WITNESS: Yes. 173.16.83? JUDGE CHAPPELL: What is that site? THE WITNESS: That is a -- it's important to understand, IP addresses are only leased for a certain period of time. In 2008, this IP address went back to a known identity thief in Apache Junction, Arizona. Right now, 17 (Pages 1373 to 1376) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1377 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 this IP address resolves to Chicago and it's a complete separate, you know, different computer. JUDGE CHAPPELL: I'm just trying to clarify this. THE WITNESS: Uh-huh. JUDGE CHAPPELL: If I understood you correctly, it was not true that the file was at this IP address. THE WITNESS: That is correct. JUDGE CHAPPELL: And if I were Company B in my earlier scenario, do I have any way to go to Apache Junction and see if they've downloaded my data? THE WITNESS: We would see that in our -- in our real data store, we would show -- like, for example, with this one, this individual had over -- I was very familiar with this guy. He had over 3,000 tax returns, and he was zipping them up and selling them. Therefore, we knew that he was a bad actor, and it made it easy to put this file there, so to speak, even though he never had it physically on that computer, but we made it look -- appear like he did. JUDGE CHAPPELL: All right. So if I follow you correctly, you never -- the file was never actually at Apache Junction. THE WITNESS: No. JUDGE CHAPPELL: But I, Company B, had no way of 1379 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 represent? A. I still didn't hear you. Q. What does the second set of numbers -A. Oh, second set. Q. -- represent? A. That is the date, the date and time of the modification or download. Q. And then the third line of information, the third? A. That would be the file title as it would appear in the data store for any input. Q. And is it true that you, Rick Wallace, went into Tiversa's data store and entered this information under the 68.107.85.250 IP address to make it appear that that file was found there? MS. VANDRUFF: Objection, Your Honor. Leading. JUDGE CHAPPELL: Yes. Beginning with "is it true" pretty much indicates it's leading. Sustained. MS. VANDRUFF: Thank you, Your Honor. BY MR. SHERMAN: Q. So the information that appears on the second line? A. Pardon? Q. The information that appears on the second line 1378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ever verifying that or knowing that. THE WITNESS: Right. BY MR. SHERMAN: Q. For the other three IP addresses and line of information on this document the same is true as for the first line, that you put this information into Tiversa's data store under these IP addresses for the purpose of making it appear that the insurance aging file was found there. A. That is correct. MS. VANDRUFF: Objection, Your Honor. Leading. JUDGE CHAPPELL: That's sustained. I'll disregard the response to that question. Do you want to rephrase? MS. VANDRUFF: Thank you, Your Honor. MR. SHERMAN: Yes, sir. We'll move through it. BY MR. SHERMAN: Q. Line 2 on CX 19? A. Uh-huh. Q. What does the first set of numbers represent? A. That is an IP address. Q. The second set of numbers? A. Pardon me? Q. I'm sorry. The second set of numbers, what does that 1380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of this exhibit? A. Okay. Yes. Q. You're familiar with that information; correct? A. Yes. Q. Did you place that information in Tiversa's data store? A. Yes. Q. And why did you place that particular information in Tiversa's data store? A. Again, this was after Bob came to me and said that we needed a new spread on the insurance aging file because there were some things going on between LabMD and Tiversa and in no way, shape or form could it ever have been found in Atlanta. There's something to do with Bob claiming that we never connected to an IP -- to a LabMD computer. Q. And is that true, that Tiversa never connected to a LabMD computer? A. That is not true. Q. The third line of information on CX 19? A. Yes. Q. Oh, by the way, was the insurance aging file ever found, to your knowledge, at 68.107.85.250? A. No, it was not. Q. The third line of information on CX 19, are you 18 (Pages 1377 to 1380) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1381 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 familiar with that information? A. That is also a known person who -- called an information concentrator or an identity thief, someone who is downloading information that's out there in the wild that's available. Q. And did you place this information in Tiversa's data store? A. Yes. Q. And the purpose of placing this information in Tiversa's data store was for what? A. Because Bob had came to me, explained that we had to have spread on these files and had to move it off of the IP address that would emanate from and, you know, in Atlanta. Q. And so that's what you did; correct? A. Yes. Q. The fourth line of information, are you familiar with that as well? A. Yes. Q. And did you place this information in Tiversa's data store? A. Yes. Q. And why did you place this information in Tiversa's data store? A. It was just another IP address that was 1383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. Was there a LabMD data store? THE WITNESS: Was there? JUDGE CHAPPELL: A LabMD data store. MR. SHERMAN: May I, Your Honor? THE WITNESS: I'm not sure -JUDGE CHAPPELL: Go ahead. BY MR. SHERMAN: Q. The question was: Was there a LabMD data store? A. No. LabMD's data, I believe that there were 19 files total. They were all put in their own directory on the data store along with millions of other IP addresses. JUDGE CHAPPELL: And these -- what is this document number on the screen? MR. SHERMAN: CX 19. JUDGE CHAPPELL: CX 19, these four IP addresses were created by you, and they're actually -- for all practical purposes, they're fake, as far as the aging file was not found on these three IP addresses; correct? THE WITNESS: On all four of them. JUDGE CHAPPELL: And you created all four of these at whose request? 1382 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 available that you could see was a bad actor. Q. If someone then goes into Tiversa's data store and they see this information, what are they led to believe? A. That the file was -- that the file would have emanated from that IP address. It would -- it would show up in a way, if you search for that IP address, where it would be a laundry list of files and insurance aging would show up in that list based on an IP search. Q. If you do an IP search of what? A. Of the data store. Q. Tiversa's data store? A. Yes. JUDGE CHAPPELL: Who has access to the data store? THE WITNESS: Pardon me? JUDGE CHAPPELL: Who has access to the data store? THE WITNESS: Basically every employee at Tiversa. JUDGE CHAPPELL: Did LabMD have access to the Tiversa data store? THE WITNESS: Did who? LabMD? No. No. We would -JUDGE CHAPPELL: I'm sorry. Let me restate 1384 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: At Bob's. JUDGE CHAPPELL: Bob Boback requested that. THE WITNESS: Yes. JUDGE CHAPPELL: How was this information presented to LabMD? THE WITNESS: It never was presented in -other than I typed it up and I think it was either e-mailed or -- I'm not really sure. But I know that the actual file was never -- the actual files that were doctored up were never provided to LabMD. They just -I just had to put them in the data store so they would look real. JUDGE CHAPPELL: But again, if LabMD couldn't access the data store, what was the point? THE WITNESS: Because if there was ever an audit or if somebody were to come in and say, Hey, you know, show me a bad guy at 173, here he has already been prosecuted by law enforcement and we know the IP is dead, I would be able to show, wow, look at this. It was basically for the wow factor. One thing I would like to mention is the date and the time was also adjusted on each file, so it was very difficult at times and time-consuming because I had to go backwards, like on the 11-5-2008 at 11:26 p.m., that file, the modified date on that had to be changed 19 (Pages 1381 to 1384) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1385 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to reflect the same time frame when actual downloads were happening from that IP address. JUDGE CHAPPELL: Go ahead. BY MR. SHERMAN: Q. You mentioned the word "spread." A. Uh-huh. Q. What does that mean? A. That would be where a file is available and it appears to have been downloaded and being reshared to the network by multiple people. Q. Isn't that a point of CX 19? A. Yes. Q. Mr. Wallace, have you ever traveled to Washington, D.C. to meet with the FTC? A. Yes. Q. When did you do that? A. I would say it would have been -- it would have been after the CID was issued, but I'm not sure of the exact date. Q. Would it also have been after the list of companies was provided pursuant to the CID? A. Yes. That was the purpose of the meeting, was to clarify the -- how I put the data together, how it would correspond with the list and the actual file. JUDGE CHAPPELL: Is there any dispute as to this 1387 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 name them if there was. A. Well, all of them would have been discussed. I mean, it was something where you could look at the list and then say okay, this is a file that corresponds with this entry. Q. Was LabMD specifically discussed? A. Was LabMD on the list? Q. Were they specifically discussed that day, if you remember, at the meeting with the FTC? A. I don't remember. Q. How did you get to D.C.? A. There was a previous commitment that we just worked in an afternoon meeting. There was I believe four of us that came from Tiversa. Q. Who traveled to D.C. from Tiversa? A. Bob Boback was driving. I was in the car, Anju Chopra and Keith Tagliaferri. Q. Following the meeting, did the people from Tiversa have discussions about the meeting? A. Yeah. I mean, we -- Bob spoke to me about next steps on the way home. Q. And what were the next steps? MS. VANDRUFF: Object to the extent that it's being offered for the truth of the matter asserted. MR. SHERMAN: It's background as to what the 1386 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 issue? If not, may he place the witness? MS. VANDRUFF: I'm sorry, Your Honor. I don't understand the question. JUDGE CHAPPELL: Is there a dispute as to when he came to visit with the FTC? MS. VANDRUFF: I don't believe there's another witness who has testified about when he came to meet with the FTC, so I actually -- I don't -JUDGE CHAPPELL: All right. BY MR. SHERMAN: Q. You testified that the purpose of the meeting was to discuss the information provided pursuant to the CID; is that correct? A. Yes. Q. And do you recall who was at the meeting? A. There were multiple people. I mean, I don't -I don't remember specific -- I do remember Alain was there. Q. Alain who? A. Alain Sheer. Q. How long did the meeting last? A. Gosh, it's been so long ago. A couple of hours maybe. Q. And was there any discussion of particular companies that appeared on the list? And -- and don't 1388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 next steps were, Your Honor. It's not based on the truth of what -JUDGE CHAPPELL: Not for the truth? MR. SHERMAN: It's not for the truth. JUDGE CHAPPELL: Overruled. MR. SHERMAN: He said what the next steps were, and I want to know what was discussed. MS. VANDRUFF: Your Honor, I'm sorry. Just to be clear, the testimony is permitted but not admitted for its truth; is that correct? JUDGE CHAPPELL: He said it's not for the truth. Therefore, by definition, it is not hearsay. MS. VANDRUFF: Thank you, Your Honor. BY MR. SHERMAN: Q. You said there were next steps discussed. What were the next steps discussed? A. Bob had indicated to me that the files needed to have spread on them, you know, basically look for them and see if they are available at other IP addresses, and if they're not, make them appear to have -- you know, be at different IP addresses. Q. In taking the next steps following the meeting with the FTC, did you search for the insurance aging file associated with LabMD? A. I did not. 20 (Pages 1385 to 1388) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1389 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Well, I did search our data store. However, I did not go out and probe the network for the specific insurance aging file title, so I did look to see if we would have picked it up, because we have other healthcare clients at the time where, because of the file title, we would have downloaded it multiple times if it was offered up from any IP address. JUDGE CHAPPELL: This document on the screen, CX -- is it 19? MR. SHERMAN: Yes. JUDGE CHAPPELL: This was created before or after the meeting with the FTC? THE WITNESS: This was created in November of 2013. This was far after. BY MR. SHERMAN: Q. The information that's in Tiversa's data store, where does that information come from? A. Well, I'm not sure what information -- it would come from -JUDGE CHAPPELL: Are you asking him about LabMD or in general? MR. SHERMAN: I'm asking him in general where does the information that's retained in Tiversa's data store come from. THE WITNESS: There are two different ways to 1391 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 by Mr. Boback to you? A. Pardon me? Q. Was this an unusual request -A. No. Q. -- made by -A. No. It was common practice. Q. Are there any other examples? A. Probably every company that we've ever done business with. Q. Is it fair to say that in fact that was Tiversa's business model? A. There were ways to ensure that we were able to constantly provide valuable information to a client, whether it be having a file spread or hanging on to a file for a later date. So I guess having the actual file for a later date is just as valuable as creating spread. Q. Mr. Wallace, is there a document on the screen? A. Yes. Q. I submit to you that what's on the screen has been marked as RX 545 for identification purposes. Do you recognize that document? A. I recognize this incident record, yes. Q. Is that the type of document that Tiversa would generate in the regular course of its business? 1390 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 get data in the data store. Using Eagle Vision, it would automatically download a file based on the file title. Or there's the scratch drive or -- for the input where somebody like myself who's using a stand-alone client, I can insert data in -- you know, legitimate data is what it was -- the purpose was. BY MR. SHERMAN: Q. And so based on your review of the data store in looking for the insurance aging file, is it your testimony that you did not find that it had been downloaded again from any source into -A. That's correct. Q. -- the Tiversa data store? A. That is correct. Q. So that being the case, how did you create spread for the insurance aging file? A. I -- like I said, I'm very familiar with these IP addresses -- and there are several more -- that I would use not only for LabMD but for other companies as well. Usually it's reactionary after Bob comes to me and says, Look, we need this at four different IP addresses and they need to be bad guys and it can't be from a certain area. Then that's when this would be created. Q. Was this an unusual request made by you -- made 1392 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. Can you -- yes, scroll. Go back to page 1, please. Mr. Wallace, if you look at the -- well, what's an Incident Record Form? A. That is also referred to as a ticket. It's a deliverable for a company who subscribes to a monitoring service. Q. And so, Mr. Wallace, if you could read the narrative in the box near the bottom of the screen for us, please. MS. VANDRUFF: Excuse me, Counsel. Are you asking the witness to read this into the record? MR. SHERMAN: Well, he's on the record. Yes. MS. VANDRUFF: Okay. Well, then, Your Honor, I would object on the basis of hearsay and the document speaks for itself and does not need to be read into the record. JUDGE CHAPPELL: Is the document in evidence? MR. SHERMAN: It is not. It is not. This is one of the documents that, pursuant to the court's order, we must lay a foundation for. And so I'll withdraw the last question and rephrase. MS. VANDRUFF: Thank you, Your Honor. 21 (Pages 1389 to 1392) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1393 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. SHERMAN: Q. So, Mr. Wallace, you indicated that you recognize this document; correct? A. I recognize this document, yes. Q. Did you input the information into this document? A. Yes. Q. And in doing so, you wrote the narrative in the Section 4 Incident Summary? A. I normally would have, yes. However, I do not believe that it ever stated that one file was detected. I think that that -- that is not correct. I think it has been changed since I would have submitted it to CIGNA. Q. So CIGNA was a client of Tiversa; correct? A. Yes. Q. And they were a client on or about April of 2008; is that correct? A. Yes. Q. And do you recall generating an incident report or ticket for CIGNA concerning the information that appears on RX 545? A. Yes. Q. Your testimony is, however, that you believe this document is somewhat different than the information 1395 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for a rainy day. The actual incident on this one I believe happened on the 25th of February of 2008. That was when the actual file was downloaded from the Atlanta IP. Q. But the report or the incident report -- the Incident Record Form was generated to indicate that the incident occurred on April 18, 2008; correct? A. Right. That's what I'm reading, yes. Q. And that information is not true; is that right? A. It's not uncommon for -- when providing monitoring services for a company, it would not be uncommon to not ticket it immediately and hang on to it. Q. That's fine, but why then doesn't the form indicate the actual incident date? A. That would be the date that we would provide this to a client, not necessarily the date of the incident. Q. Even though the form says that it's the incident date; correct? A. Right. Q. So it was a common practice for Tiversa to give false information concerning when and where they found certain documents to their clients. 1394 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you submitted; is that correct? A. That is correct. Q. In what way is it different? A. There were additional files at the 64.190.82.42 IP address that would identify LabMD as being the source of the insurance aging file. Q. Would you have included that in the narrative? A. Yes. Q. When we look at RX 545, in the Section 2 Incident Information section, do you see that? A. Yes. Q. It indicates that the date of the incident is 4-18-2008. Do you see that? A. Yes. Q. According to the Incident Record Form, what incident occurred on 4-18-2008? A. Like I had discussed previously or tried to explain -- and maybe I didn't do a very good job -when there's a lot of information for specific companies that we're providing monitoring services for, you don't want to bombard them with a whole bunch of information and then have a dry run with no tickets, so you'd basically stack the information or hang on to it 1396 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. Do you recognize -- in section 3, under IP Address, do you recognize that IP address? A. Yes, I do. Q. And who does that IP address belong to? A. I believe it's Cypress Communications. Q. And under Summary Disclosure Name/ID, why does the name LabMD appear there? A. Because that is who the data appears to be originating from, a device owned or operated by them. Q. Does this information indicate that the insurance aging file was downloaded from a computer at LabMD? A. Yes. JUDGE CHAPPELL: Mr. Sherman, how much more time do you think you're going to need on direct? MR. SHERMAN: Maybe an hour, 45 minutes. MS. BUCHANAN: Your Honor, could I suggest a restroom break. Mr. Wallace is a little uncomfortable. JUDGE CHAPPELL: That's where we're going. Why don't we take a short break and we will reconvene at 12:30. (Recess) JUDGE CHAPPELL: Before we go back to Mr. Wallace, let me try to wrap up some of these pending 22 (Pages 1393 to 1396) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1397 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 motions. I've reviewed the affidavit and I'm prepared to make my ruling. First of all, let me make sure the status is clear. The motion to reconsider is being withdrawn. There will be a notice to withdraw filed. MR. RUBINSTEIN: That's correct, Your Honor. JUDGE CHAPPELL: So that's off the table. I had granted in part the motion to compel for in camera review, which was voluntarily agreed to. I've done that review. What I have pending now after the review is my ruling on the motion to compel. I find the document is responsive to discovery requests. I find it is relevant and may not be withheld on grounds of privilege. Respondent is ordered to produce it to complaint counsel immediately. It will be given in camera treatment, as requested by complaint counsel. Any questions? MS. VANDRUFF: No, Your Honor. Thank you. MR. RUBINSTEIN: Thank you, Your Honor. MS. VANDRUFF: If I may inquire, is it something that we can receive now? JUDGE CHAPPELL: We're all wondering what that 1399 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Pause in the proceedings.) MS. BUCHANAN: Excuse me, Your Honor. May I make a request? When this witness is being questioned with regard to the document in front of him, could counsel be directed to tell him where he got it, what -- why he is -- what is it that he's showing him. Because it's my understanding that these documents came attached to a congressional letter, and if he's going to be questioned about the document, it would be important I think to tell him where this letter came from to question him about it. JUDGE CHAPPELL: Which I wouldn't -- I'm okay with that, but I think he's perhaps laying a foundation. Are you finished reviewing? THE WITNESS: Pardon? JUDGE CHAPPELL: Are you finished reviewing the documents? THE WITNESS: Yes. BY MR. SHERMAN: Q. Mr. Wallace, after having reviewed what's been marked as RX 546, is this the type of document that Tiversa would create and send to its clients? A. Yes. 1398 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is, Mr. Sherman. That was an anticipatory delivery. MR. SHERMAN: Someone is thinking ahead of me, that's for sure. JUDGE CHAPPELL: Well, off the record. (Discussion off the record.) (Pause in the proceedings.) JUDGE CHAPPELL: Go ahead. BY MR. SHERMAN: Q. Mr. Wallace, is there a document up on your screen? A. Yes. Q. Mr. Wallace, you've been -- you haven't been handed, but it might be easier if I do hand it to you. Mr. Wallace, up on your screen I'll represent to you is what has been marked as Exhibit RX 546 for identification purposes at this point. Your Honor, may I approach the witness? JUDGE CHAPPELL: Go ahead. BY MR. SHERMAN: Q. This might make it easier. A. Yeah. Q. Mr. Wallace, if you could look through each page of what I just handed you, which is marked for identification purposes RX 546. 1400 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And the document is titled Forensic Investigation Report for Ticket and there's a ticket number; correct? A. Yes. This would be a follow-up to a ticket. Q. And I think you referred to Exhibit RX 545 as a ticket, and I can refresh your -A. I believe so, yeah. MR. SHERMAN: May I approach, Your Honor? JUDGE CHAPPELL: Go ahead. BY MR. SHERMAN: Q. I've just handed you what has been marked as Exhibit 545. Would you refer to that as a ticket? A. Yes, I would. Q. Having looked through Exhibit RX 546, did you in any way provide any information for this report? A. No. I -- I do not remember ever reviewing this. I mean, one thing that I can pick up on right out of the gate, it shows the specifics of this ticket were reported as follows. It shows 19 total files, yet in the copy of the write-up it only shows one file again, so I'm not familiar with this, no. Q. And where does it say 19 total files on this document? 23 (Pages 1397 to 1400) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1401 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. It shows it right below the introduction, is that there's one CIGNA related file and 19 files total. The other thing that I find shocking is the data -- the date of disclosure, I know it to be February 25, 2008. It's recorded on here as 4-18-2008, yet the front cover of this report shows August 12, 2008, so I don't know. I mean, something is not making sense. Q. In Tiversa's ordinary course of business, when it would issue a forensic investigation report for a ticket, would that forensic investigation report be closer in time to the date of the incident, in your experience? A. Especially something this severe as this would be considered, yes. The idea of having a forensic investigation report is to provide more information when the ticket does not provide enough to cease the disclosure from continuing. Q. I would ask that you turn to page 3 of Exhibit 546. Looking at the figure marked 2-1-1, there is a column in that figure that is entitled Proliferation Point. Do you see that? 1403 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 computer like a laptop that would access the same ISP, however, would not have, you know, the same IP address all the time. It's not leased or dedicated. The 68.8.250.203 is a known information concentrator or identity thief and located in San Diego. That is an IP address that was attached to the insurance aging file and put in the data store. Q. If we go back to page 2 on RX 546, under subsection 1.1, does the same IP address appear under bullet point -- on the second bullet point, Disclosing IP Location? A. Yes. MS. VANDRUFF: I'm sorry, Your Honor. I'm not clear what counsel is asking. Same as what? We just discussed three IP addresses. JUDGE CHAPPELL: Do you want to rephrase? MR. SHERMAN: Yes. Thank you. BY MR. SHERMAN: Q. Are you at page 2 of RX 546? Mr. Wallace, are you at page 2 of RX 546? A. Yes. Q. Under section 1.1, do you see the second bullet point? A. Yes. Q. Do you recognize that IP address under the 1402 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes, I do. Q. What is a proliferation point? A. It would be the same thing as a spread, where the file is available, has been downloaded by another individual, that is available then to be redownloaded from a different IP address. Q. So the first proliferation point third column has the IP address; correct? A. The third column, yes. Q. Do you recognize that IP address? A. Yes, I do. Q. And what IP address is that? A. That would be the originating source. Q. Do you know who was utilizing that IP address at that time? A. I believe that that was a LabMD-owned or controlled device. Q. Do you recognize the other two IP addresses below the LabMD address? A. I do not. I do recognize the San Diego IP address. The other, the 64.190.79.36, is probably an IP shift. Q. And what is an IP shift? A. An IP shift would be most likely a traveling 1404 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 second bullet point? A. Yes. Q. What does "Disclosing IP Location" mean? A. That would mean the originating source of this file. Q. Does that necessarily mean where the source was found or located or viewed? A. It would be the source that whoever is creating this document would believe to be the originating source. So it would be an actionable IP, so this forensic report could then be used by CIGNA to go to LabMD and say, Hey, there's a computer at 64.190.82.42 that's disclosing information on our customers or our patients. Q. Now, earlier you used the phrase "to browse the host." What does that mean? A. That would mean that if you find something that would be of interest, you would then look at their shared directory and see all the other files that are available at that IP and at that client. Q. When you found the insurance aging file at the LabMD IP address, did you browse that host? A. Yes, I did. 24 (Pages 1401 to 1404) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1405 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Did you find other documents at that host? A. Yes. Q. And did those documents help you identify the owner of those documents? A. Yeah. Well, it only -- you know, not only did it support who we believed the originating source was, but there were things in there that were confidential to LabMD where only an employee there would have it, user names and passwords and things like that in a Word document. Q. And did you download then -A. Yes. Q. -- those documents as well? A. Yes, I did. Q. And when you downloaded those documents, were they then put into the Tiversa data store? A. Yes, they were. Q. And in downloading them into the Tiversa data store, would they carry with them the IP address from where they were downloaded? A. Yes. Q. So there is, as of the date that you downloaded not only the insurance file, the insurance aging file, but the other files from LabMD, there is evidence in the Tiversa data store of where those documents were 1407 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 it's written this way. Q. Do you know whether the FTC ever asked Tiversa to verify the IP addresses where the insurance aging file was found? A. No. JUDGE CHAPPELL: Just so we're clear, you don't know or the answer was no, they did not? THE WITNESS: I am not aware or I was not present for that conversation. I provided the spread to Bob Boback on multiple occasions, and I'm not sure where he used that information. BY MR. SHERMAN: Q. You mentioned that you attended a meeting in Washington, D.C. with the FTC and Bob Boback and a couple of other Tiversa employees. Were you present in the meeting for the entire meeting? A. Yes. I -- yes, I was there for the entire meeting. Q. And you were present in the room for the entire meeting? A. As best as I can remember, yes. Q. During that meeting, did the FTC ever mention its capabilities using Interlab or Internet Lab? A. I believe that that was a -- I believe that that 1406 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 downloaded from, the date and time? A. Yes. That's -- in this one ticket summary, the data store would be wherever the analyst pulled this information from, where it shows the 19 total files, one of them is related to CIGNA, the disclosing source, severity, and this says the date submitted is 4-18-2008. That's also the detection date supposedly, according to this. One more thing that I find it very interesting is the -- if this was created in 2008, how is the 68.8.250.203 IP address on there when I believe that that was one that I submitted to Bob with the list of four in November of 2013. And that is showing a date of 8-5-08, and it's showing that person being an identity thief or information concentrator, but like I said, if that was submitted in 2013, how could it be on this document in 2008. Q. Looking also at the third bullet point under 1.1 on page 2 of RX 546? A. Okay. Q. Is it your testimony that the 19 total files represent the other files that you downloaded from the LabMD IP address other than the insurance aging file? A. The insurance aging file would be in the 19-file total, 18 additional. I'm not sure why that was -- why 1408 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was a way to view files that we had submitted for the CID, but I'm not -- it is ringing a bell, but I'm not -I couldn't say for sure what it is. Q. Did they mention having capability under a program called Sentinel? JUDGE CHAPPELL: Who's "they"? MR. SHERMAN: The FTC. THE WITNESS: What was the name again? BY MR. SHERMAN: Q. Sentinel? A. I'm not familiar with that. MR. SHERMAN: Your Honor, may we approach? JUDGE CHAPPELL: Go ahead. (At the bench, the following discussion was held off the public record.) 25 (Pages 1405 to 1408) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1409 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (In open court.) MR. SHERMAN: May I approach the witness? JUDGE CHAPPELL: All right. BY MR. SHERMAN: Q. Mr. Wallace, you've been handed what has been marked as RX 549. I will tell you for the record that the entire document is 1719 pages long. It has been granted in camera status, which means that it cannot be 1411 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 peer-to-peer network that same insurance aging file? A. Not from any other IP address, no. Q. Did you ever download the insurance aging file from any other IP address? A. No. Q. In looking at the lab -- or looking in the LabMD data store, outside of the information that you admittedly inserted into the data store concerning the insurance aging file, did you ever find any other indication in the data store that the LabMD insurance aging file had been downloaded from some other IP address? A. No. MR. SHERMAN: If I may have a moment, Your Honor? MS. VANDRUFF: And Your Honor, before Mr. Sherman continues, just for the benefit of the record, the document that Mr. Wallace has been shown, while granted in camera status, the single page that's been displayed in the courtroom does not contain any sensitive personal information, and as we discussed at the bench, neither the court nor complaint counsel had any concerns about it being displayed. JUDGE CHAPPELL: Thank you. MR. SHERMAN: Your Honor, at this point I would 1410 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 disclosed to the public because of the sensitivity of the information contained therein. Have you had a chance to look at that document? A. Yes. Q. Do you recognize what that sheet of paper is? A. Yes. Q. What is it? A. It's the insurance aging file. Q. Okay. It is in fact the cover sheet of the insurance aging file; is that correct? A. It is the first page of the insurance aging report. Q. And you've had an opportunity to look at the entire insurance aging report; is that correct? A. Yes. Q. And you can identify it upon sight; correct? A. Yes. Q. Is that the same cover sheet and attendant insurance aging report that you found at the LabMD IP address? A. Yes. Q. And is that the same insurance aging file that you downloaded from the LabMD IP address? A. Yes. Q. And did you ever in your experience find on a 1412 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 request that Exhibits 545 and 546 be admitted into evidence. JUDGE CHAPPELL: Any objection? MS. VANDRUFF: If you'll bear with me, Your Honor. (Pause in the proceedings.) The court's indulgence, Your Honor. JUDGE CHAPPELL: All right. (Pause in the proceedings.) MR. SHERMAN: Your Honor, as well as Exhibit 549, which is the cover sheet. MS. VANDRUFF: Okay. Well, I am pleased to address these in turn, Your Honor. With respect to the document that's been marked for identification as RX 545, Mr. Wallace testified that this was a document that had been altered. JUDGE CHAPPELL: So you're saying that even though it was offered under a business records exception, there is indicia of unreliability. MS. VANDRUFF: I don't know the basis on which Mr. Sherman is -- has advanced -JUDGE CHAPPELL: Well, we need to know that first if you don't know that. What's your basis for admissibility of 545? MR. SHERMAN: The basis for admissibility is 26 (Pages 1409 to 1412) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that Mr. Wallace, an employee of Tiversa, identified this document as something that he in fact put information in, as something that Tiversa kept and created in the ordinary course of its business and provided to its clients. He did, however, say that it was different from the document that he actually produced, although the information in it is information that he's familiar with and put into the report. It is also important I think that it has been mentioned that these documents come from the letter from the chairman of the House Committee on Oversight and Government Reform, and they were produced to that committee by Tiversa, and so to the extent that Mr. Wallace can identify them as business records for Tiversa, I think that they should be admitted, even though he indicates that it was not the business record that he created, although most of the information in there he does recognize as information he put in the business record that he created. JUDGE CHAPPELL: So did he say the information was incorrect or it's just not the way he would have done the document? MS. VANDRUFF: Your Honor, I believe it was Mr. Wallace's testimony that this was not a true and 1415 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Yes. In the first sentence it says one file was detected. I can remember specifically providing a ticket to CIGNA that clearly stated that there were 19 files available at that IP address. BY MS. VANDRUFF: Q. So I believe it's your testimony, Mr. Wallace, that the document that's been marked as RX 545 is not a true and accurate copy of the document that was created at the time that you were an employee at Tiversa. Is that correct? A. That's correct. JUDGE CHAPPELL: All right. Your motion to admit RX 545 is denied. MR. SHERMAN: Your Honor, just in response to that, it never was represented that this exhibit was in fact the exhibit that he created. JUDGE CHAPPELL: Well, what I just heard the witness say, this document is inaccurate. Therefore, it's not coming in. MR. SHERMAN: Well, under the business record exception, Mr. Wallace, as an employee of Tiversa, can testify that this in fact is the type of business record that Tiversa normally provided to its clients. His knowledge -- 1414 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 accurate copy of the document that he created because he testified specifically -JUDGE CHAPPELL: Let's do this. He's offered it under business record. If you want to go ahead and question him on that offer, go ahead. MS. VANDRUFF: Certainly. - - - - CROSS-EXAMINATION BY MS. VANDRUFF: Q. Mr. Wallace, do you have a copy of RX 545 in front of you? A. Yes, I do. Q. Okay. Thank you. And in section 4 of RX 545, Mr. Sherman had directed your attention to the first sentence. Are you with me? A. Yes. Q. Okay. And after reviewing that sentence, am I correct that it was your testimony that this is not a true and accurate copy of the document that was maintained at Tiversa? MR. SHERMAN: Objection. Because it mischaracterizes the question that he was asked. JUDGE CHAPPELL: Overruled. MS. BUCHANAN: You can answer the question. 1416 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: Well, maybe what's going on here is maybe what we have is a failure to communicate. Mr. Wallace, are you saying this document is inaccurate because it contains information that's false? THE WITNESS: Yes. JUDGE CHAPPELL: But is it an accurate depiction of the document that was prepared in the normal course of business by Tiversa? THE WITNESS: No. I believe that the original ticket was altered to show only one file was available at this IP address. JUDGE CHAPPELL: So you have reason to believe that this is not a normal business document that Tiversa would have in its files. THE WITNESS: This is a document that Tiversa would have in its files, yes. But it has -- in the section 4, the incident summary, it describes one file being detected. JUDGE CHAPPELL: Okay. So listen closely. I think I follow you that you think this document contains inaccurate information. Correct? THE WITNESS: Yes. JUDGE CHAPPELL: But this document as you see it would be in Tiversa's files? 27 (Pages 1413 to 1416) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1417 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: Yes, it would be. JUDGE CHAPPELL: There you go. Therefore, unless you can clarify, I'm changing my ruling. MS. VANDRUFF: Well, Your Honor, I mean, to the extent that -JUDGE CHAPPELL: So what he's saying is, the document is not true, but it's a document we maintain in our files. Therefore, it's a business record. It's an accurate depiction of a record in the files of Tiversa, which brings it under the hearsay exception, if I understood the witness. MS. VANDRUFF: Your Honor -JUDGE CHAPPELL: You may consult if you need to. MS. VANDRUFF: I'm sorry, Your Honor? JUDGE CHAPPELL: You may consult. I'm seeing a lot of people popping up here. MS. VANDRUFF: I will do that. Thank you, Your Honor. (Pause in the proceedings.) Your Honor, for this witness to sponsor the document that's been marked as RX 545 as a business record of Tiversa, he would need to testify on the basis of his personal knowledge that this is a true and accurate copy of the document that was maintained at Tiversa. And I believe that it is his testimony 1419 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 false, is it the type of document, if you went and pulled the file, it would be in there as it exists right here in front of you? THE WITNESS: Yes. JUDGE CHAPPELL: There you go. 545 is admitted. (RX Exhibit Number 545 was admitted into evidence.) JUDGE CHAPPELL: Next objection. MR. SHERMAN: Your Honor, I think the same arguments apply to 546 as well. MS. VANDRUFF: Your Honor, before Mr. Wallace was even examined about the exhibit that's been marked as 546, his counsel asked that Mr. Sherman describe the document for the witness. The witness was not asked whether this is a document with which he was familiar. Instead, he was walked through information contained in the document and has not indicated that he has any personal knowledge whatsoever of the document that's been marked as RX 546. Therefore, he is not a witness competent to sponsor this document. JUDGE CHAPPELL: I believe she's correct. I don't think I heard a proper foundation for this document. MR. SHERMAN: Your Honor, he was asked whether 1418 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 unambiguously that the document that may have been in the business records has been altered, so I don't believe he can lay that foundation on the basis of his personal knowledge. JUDGE CHAPPELL: I disagree that the business record exception has a prong that requires him to have personal knowledge of the particular document. That's wrong. He just needs to know it's a document kept in the ordinary course of business, by information transmitted to somebody at Tiversa, that this is what they do, and he's basically told me it may be inaccurate, but this is what they do. MS. VANDRUFF: Well, I believe what he's told Your Honor is this is the type of document that was created at Tiversa, but because of the discrepancy between the first line in section 4 and Mr. Wallace's testimony, only a custodian of records at Tiversa could testify as to whether or not this document is a business record of Tiversa. JUDGE CHAPPELL: Is this a document that you maintained while you were at Tiversa, this type of document? THE WITNESS: Yes. This is a standard ticket form for -JUDGE CHAPPELL: This document as it is, true or 1420 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 or not this was the type of document that Tiversa created and kept in the normal course of its business. MS. VANDRUFF: And again, Your Honor, the fact that it is a type of document that Tiversa created is not sufficient to admit -- to lay the foundation to admit the document that's been marked as 546. MR. SHERMAN: Your Honor, I think also one of the reasons to mention that this was given to the oversight committee, congressional oversight committee, is that that gives it an additional layer of reliability. JUDGE CHAPPELL: I don't get that. Just because it was given to them, that doesn't convince me it's any more or less reliable. It means it was provided to the committee. Anything else? MR. SHERMAN: Well, yes, Your Honor. I mean, a review of the record -- if that makes a difference, a review of the record will show that he testified that it is the type of document they kept and created in the ordinary course of their business. JUDGE CHAPPELL: Would you like to question him on the foundation? MS. VANDRUFF: I believe that the foundation is clear that he can't lay it. If you'd like me to examine 28 (Pages 1417 to 1420) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1421 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 him, Your Honor, I shall. JUDGE CHAPPELL: Well, we have a difference of opinion of what was asked, and I don't recall everything that was asked earlier today, so if you would like to question the witness, go ahead. MS. VANDRUFF: I'd be happy to do that. Thank you, Your Honor. - - - - CROSS-EXAMINATION BY MS. VANDRUFF: Q. Mr. Wallace, do you have the document that's been marked as RX 546 in front of you? A. Yes, I do. Q. Prior to reviewing this document today, had you seen this document before? A. No, I had not. MS. VANDRUFF: Do you require any further examination, Your Honor? (Pause in the proceedings.) JUDGE CHAPPELL: Are we waiting on him? MS. VANDRUFF: No. I asked if Your Honor required any further examination. The witness testified he had never seen this document before it was shown to him today. JUDGE CHAPPELL: I'm sorry. I thought you asked 1423 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: So 549 is not the cover sheet? MS. VANDRUFF: That's my question, Your Honor, is whether respondent is seeking to move this single page or whether he's seeking to move something more. It's not clear to me what's being moved. JUDGE CHAPPELL: Single page? MR. SHERMAN: Well, for the purpose of establishing that Mr. Wallace is familiar with the 1718 File, the insurance aging file that we've been talking so much about, without -JUDGE CHAPPELL: Well, hold on a second. She wanted to know if this was all you're offering, one page. If he is, do you object? MS. VANDRUFF: If he's offering the single page, 549, complaint counsel does not have an objection. If he's -- Your Honor, I want to be clear. JUDGE CHAPPELL: There's no need for an if. He said it's only the single page. RX 549 is admitted. (RX Exhibit Number 549 was admitted into evidence.) MR. SHERMAN: Thank you, Your Honor. I don't have any further questions for Mr. Wallace. 1422 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 him to look at it. MS. VANDRUFF: I did ask him to look at it and then I asked him -JUDGE CHAPPELL: Well, I was flipping back, and I can confirm that a proper foundation was not laid. What's the document number? MS. VANDRUFF: It is RX 546, Your Honor. JUDGE CHAPPELL: Your request to admit -- your motion to admit 546 is denied. Next? MS. VANDRUFF: The third document that Mr. Sherman sought to admit has been marked for identification purposes as RX 549. To the extent that this is the single-page document that Mr. Wallace testified to, I don't know that complaint counsel has an objection, but I want to clarify with respondent's counsel what it is exactly that respondent seeks to admit. JUDGE CHAPPELL: Isn't the document already in evidence, 549? MR. SHERMAN: It is not. It is one of several insurance aging files that have been produced in this litigation. This was recently produced by Mr. Wallace, in response to the FTC's subpoena, from Mr. Wallace's I think hard drive. 1424 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. VANDRUFF: Your Honor, before we discuss any break that Your Honor might be willing to undertake, could I ask that counsel approach? JUDGE CHAPPELL: All right. (At the bench, the following discussion was held off the public record.) 29 (Pages 1421 to 1424) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1425 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: Are we in agreement? MS. VANDRUFF: Let me make sure that I understand what the question is, Your Honor. If the question is whether counsel for Mr. Wallace may conduct a redirect before complaint counsel proceeds with its deposition, we are, Your Honor. JUDGE CHAPPELL: Okay. MS. VANDRUFF: She may conduct that examination. JUDGE CHAPPELL: Does anyone object to taking a break now, we'll come back and have the redirect, and then we'll break for the deposition? MR. SHERMAN: May I put on the record the renewal of the motion to have RX 546 admitted into evidence. It's being offered not for the truth. MS. VANDRUFF: And Your Honor, at this time, I understand the court's position, but complaint counsel renews its objection that Mr. Wallace has not laid a foundation for this document. JUDGE CHAPPELL: If the document is offered not for the truth, then it's by definition not hearsay. I do find it's relevant. Therefore, RX 546 is admitted 1427 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AFTERNOON SESSION (2:54 p.m.) JUDGE CHAPPELL: Let's go back on the record. I believe now we're going to have redirect by Ms. Buchanan. MS. BUCHANAN: Thank you, Your Honor. JUDGE CHAPPELL: And we all agreed to take this out of order before the cross so the record will make more sense. MS. BUCHANAN: That's correct, Your Honor. And I also spoke with both complaint counsel and respondent counsel to ask if they would have any objection to my leading Mr. Wallace through a few points of redirect in an effort to shorten those areas in which I can address issues that may not have been adequately addressed in the -- in his direct testimony this morning. MS. VANDRUFF: And complaint counsel has no objection, Your Honor. The only reason I rise is that my LiveNote doesn't appear to be working and I just wanted to be sure that I got it working before Ms. Buchanan started her exam. (Pause in the proceedings.) JUDGE CHAPPELL: Can we talk about scheduling on the record. I think you told me that the government 1426 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 not for the truth of the matter asserted therein. (RX Exhibit Number 546 was admitted into evidence.) MR. SHERMAN: Thank you, Your Honor. JUDGE CHAPPELL: All right. We're going to take a lunch break now. We will reconvene at 2:45. We're in recess. (Whereupon, at 1:48 p.m., a lunch recess was taken.) 1428 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 will not have any idea about rebuttal until after the deposition? MS. VANDRUFF: No, Your Honor. I think that prior to our break for lunch I advised you that we would have a much better sense of that after lunch. JUDGE CHAPPELL: Okay. MS. VANDRUFF: I will tell you that that's modified slightly in that we will be able to advise Your Honor with much greater precision after Ms. Buchanan completes her redirect. JUDGE CHAPPELL: I'm wondering if we should -since you're going to need to request rebuttal in writing and Mr. Sherman may want to oppose it, I'm wondering if that's even doable in the next couple days or if we should just concede we're not going to wrap this up by the end of the week. MS. VANDRUFF: Well, Your Honor, from the perspective of complaint counsel, today's testimony is a lot to digest, and so it certainly would be helpful to have time to consider what rebuttal, if any, complaint counsel wishes to seek leave to present. JUDGE CHAPPELL: All right. I think what I'll do now is, why don't we just say we're going to skip Thursday, we're here today, we're here tomorrow, and then Friday is available. 30 (Pages 1425 to 1428) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1429 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Any objection to that? MR. SHERMAN: No objection. MS. VANDRUFF: No objection. JUDGE CHAPPELL: So everyone can plan ahead, schedule whatever you need to do. And I know what you said, Ms. Buchanan, but I think Mr. Wallace will be finished tomorrow. MS. BUCHANAN: Okay. JUDGE CHAPPELL: All right? MS. BUCHANAN: Thank you, Your Honor. JUDGE CHAPPELL: So we will take a break all day Thursday. That way, if you file a written request for rebuttal, you'll have time -- respondent will have time to respond, and then I can make my decision and let you know in time for Friday hopefully. MS. VANDRUFF: So, Your Honor, just to make sure that I understand, we're seeking time to evaluate today's testimony after we receive a copy of the transcript -JUDGE CHAPPELL: Yes. MS. VANDRUFF: -- and to assess what, if anything, requires rebuttal. And to meet Your Honor's standards set forth this morning during preliminaries, we would ask for -- and I understand some scheduling constraints with respect to the bench -- but for, 1431 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right now we don't know that you want rebuttal. You may want rebuttal. And if you do, we have a process. And I understand it's going to take time. MS. VANDRUFF: That's correct, Your Honor. JUDGE CHAPPELL: So you'll get whatever time is reasonable. MS. VANDRUFF: Thank you, Your Honor. JUDGE CHAPPELL: All right? MS. VANDRUFF: Yes, Your Honor. JUDGE CHAPPELL: All right. Thanks. Go ahead. MS. BUCHANAN: Thank you, Your Honor. - - - - REDIRECT EXAMINATION BY MS. BUCHANAN: Q. Good afternoon, Mr. Wallace. You testified this morning that you were contacted in about 2007 by Bob Boback about a job opportunity with Tiversa; is that correct? A. That's correct. Q. And he contacted you after he saw you quoted in a Fox News story in Chicago. A. That's correct. Q. In this news story that you were quoted in, you talked about the ease at which peer-to-peer networks 1430 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you know, as much time as we can have for that, and I don't know that 24 hours is going to be sufficient. JUDGE CHAPPELL: Well, and if it's not and we don't finish this week, then we'll wait a few weeks. And I'm fine with that. I just -- as long as it's been now, let's just get everything resolved. And if that happens by Friday, that's fine; if not, it will be a few weeks later. MR. SHERMAN: I'd prefer to get things resolved. I understand complaint counsel's concern with reviewing the record. But since we have a say, our say would be to push forward and get this resolved or completed by Friday. MS. VANDRUFF: And Your Honor, I'm confident that we can file our motion within a week, but I'm not confident that we can conduct the assessment that's necessary so that Your Honor can rule by Friday. And I know that that crunches some other deadlines, and for that I apologize. JUDGE CHAPPELL: Okay. Well, for now, we'll just -- we won't be here Thursday, and then we'll reassess tomorrow after Mr. Wallace is finished. MS. VANDRUFF: Thank you, Your Honor. JUDGE CHAPPELL: And I think from what I'm hearing from you, you'll have a better idea -- in fact, 1432 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 could be used to disclose personal identifying information. A. Yes. Q. And when he contacted you, did he tell you that he liked this ability of yours to be able to find this information and he wanted to incorporate this into the Tiversa -A. Yes. I mean, that's where he saw the value in hiring me. Q. And at the time that you joined Tiversa, you already had in your possession a number of files of personal information that you had discovered on the Internet while doing your own searching prior to even joining Tiversa. A. Yes. Q. And in the late 2007 when Mr. Boback was testifying before Congress at a hearing regarding peer-to-peer networks and identity theft, he asked you to help him prepare for that testimony; is that correct? A. Yes. Q. And did you provide him with documents that you had found on the Internet long before ever joining Tiversa? A. Yes. 31 (Pages 1429 to 1432) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1433 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. And at the time Mr. Boback testified at the congressional hearing, did he tell Congress who had found those documents? A. Yes. He said that Tiversa's system had downloaded the documents. Q. And that was not true, was it? A. No. Q. The documents, in fact, the majority of the documents that Mr. Boback referred to in his first congressional testimony in 2007 were documents that were identified by you rather than by Tiversa. A. That's correct. Q. And I believe that you indicated this morning in your direct testimony that there were other members of the panel who testified before Congress in late 2007 on the topic of identity theft. A. Yes. Q. And at that time you were told if the commissioner of the Federal Trade Commission, Edith Ramirez, was also on the panel. A. I believe that that's who was testifying with Bob. I believe it was Bob Boback, Tom Sydnor from the Patent and Trademark Office, and I believe that it was Edith Ramirez. Q. Now, you were not at the testimony; correct? 1435 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 visit was? A. It was a -- kind of like a show-and-tell, if you will. Basically, we would present our technology to the members -- or the representatives from the FTC, and they would evaluate whether or not they could use it. The main purpose of the meeting, though, was to further investigate, I believe, the examples that were shown at the House oversight hearing. Q. So the visit to Pittsburgh included a tour of the Tiversa facilities led by Mr. Boback; correct? A. Right. Yes. Q. And did it also include a description by Mr. Boback of the forensic capabilities of the computer system that Tiversa operated? A. Yes. Q. And can you tell me if there was anything that the FTC was told that day by Mr. Boback regarding the capabilities of Tiversa that was not true? A. Yes. Well, there -- I couldn't say specifically for that day, but one of the capabilities that we have always talked about at Tiversa is having the ability to record searches and IP address that issue searches, and that's just completely not true. Q. Now, you also performed a demonstration for the FTC; is that correct? 1434 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. But I was not there. No. I did watch it online. Q. And you read the transcript of the hearing. A. Yes. Q. And you talked to Mr. Boback about how the hearing went; is that correct? A. Yes. Q. And then following the 2007 FTC hearing, Mr. Boback began to have some communications with individuals from the Federal Trade Commission. A. Individuals from where? Q. From the Federal Trade Commission. A. Yes. Q. Now, this morning, during your direct testimony, you made reference to a meeting that was held at Tiversa's offices in the Pittsburgh, Pennsylvania area in which members of the Federal Trade Commission came to visit the Tiversa facilities. A. That's correct. Q. And you initially indicated on your direct examination that you thought that that had occurred at some point in late 2007. Is that correct for what you said this morning? A. I think that it was probably spring of 2008. Q. And can you describe what the purpose of this 1436 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. And you showed the FTC how you were able to find personal identifying information, which was referred to this morning as PPI (sic), by a review of peer-to-peer networks. A. Yes. Q. And what was the response of the members of the FTC when you demonstrated how easily it was that this information could be found on the Internet? A. They were very excited to see if there's an opportunity for us to work together. Q. So following the 2008 visit by members of the FTC to Tiversa, you indicated this morning that frequent conversations began to occur between individuals at Tiversa and members of the FTC; correct? A. Yes. Q. Now, those conversations were between either Mr. Boback and the FTC or Mr. Kopchack and the FTC, but not necessarily between you and the FTC. A. That's correct. Q. But were you present often -- or were you present for some of these communications in that you may have been standing in the room and you overheard conversations on the telephone? A. Yes. 32 (Pages 1433 to 1436) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1437 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. This morning you testified regarding IRCs that were developed from -A. Yes. Q. -- information that is found on the Internet, and you record this information by logging in the company that had the disclosure, what was disclosed, when it was disclosed; is that correct? A. Yes. Q. And is that something that you did as a daily part of your duties at Tiversa? A. Yes. All the analysts that would review files would update that spreadsheet several times throughout the day as data is found and cataloged. Q. So would you say that the information that was compiled on these spreadsheets -- was it more information about clients that Tiversa actually had or was it more aspirational with regard to clients Tiversa would like to have? A. It would be a list of companies that would be put together on a spreadsheet for the simple reason to make a sales call, to make a cold call. Q. So to be clear, to be clear, Mr. Wallace, your job was to search the Internet to find disclosures of personal information and to log that in; is that correct? 1439 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. Q. When you searched peer-to-peer networks for personal identifying information, at the time you found a file that you wanted to download, would you know where that file came from? Would you have some idea of how that file was disclosed? A. Yeah. The program that I used was self-modified, and an IP address would definitely display. Q. So from the very moment or shortly thereafter that you discovered information, you pretty much knew where it came from; correct? A. Yes. Q. But according to Tiversa's standard business model, when Tiversa would make phone calls to potential clients, what information would they make available to companies that had -- that their information had been detected by you? A. Usually they would say that the IP address, port, client, any of that information was not recorded as they're not a client yet, and if they would sign on as a client, then that information could be found in databases or somewhere that don't exist. Q. And was that true? A. No. 1438 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That was one of the functions, yes. Q. And then you would turn this information over to Mr. Boback or to others on Mr. Boback's sales force; correct? A. Yes. Q. And then Mr. Boback and his sales force would use this information to contact these companies whose information was found by you. A. Yes. Q. And did you ever participate in these conversations, meaning you personally calling companies and telling them that their information was found somewhere, somewhere out on the Internet? A. No. I used to, but the last conversation that I had was with the Social Security Administration, and I was accused by Bob of giving them way too much information, not holding back IP addresses that would allow them to function and do work with the information without hiring Tiversa, so I was basically accused of sabotaging a business deal, and that was the end of me reaching out to anyone. Q. So after that point, you were kept in the back room trolling the Internet, finding the information, and it was left to others to actually make the sales calls. 1440 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. Can you tell us whether Mr. Boback and his sales staff had much success gaining clients in this manner? A. Yes. So the first thing that we would do, like especially with an IRC client, would be -- or a prospective IRC client, would be to strip the IP address off the front and remove any meta data that's in that file that might give that company or organization the ability to shut down the data source without Tiversa's help, so we would make sure that all that went away. Q. And is that something that you personally did, Mr. Wallace? Did you personally strip the meta data off of -A. Yes. Q. -- files so that the originating source could not be detected? A. Yes. Q. And would you also maintain other files that would allow you to keep it all straight in your head where these files were actually really found? A. Yes. Q. Now, with respect to the 1718 File that we heard so much about this morning, you are the one, the 33 (Pages 1437 to 1440) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1441 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 analyst at Tiversa, who actually found that file; correct? A. Yes. I downloaded that file. Q. And at the time you found the file, you also found other documents along with it. A. Yes. But I downloaded the file and the other documents on a stand-alone machine. I did not use Tiversa's system, so I didn't find it in the data store. I found it live online. Q. But after you found it live online, you actually inputted that information into the Tiversa data store. A. Yes. Q. And just to make sure we're clear on exactly what a data store is, Tiversa maintained a record of the files that it actually found along with files that it wanted to create the appearance that they were found in other locations on the Internet. A. Right. Q. Now, with respect to the 1718 File, I believe you indicated this morning that you found this file in February of 2008. Correct? A. Yes. February 25. Q. And at the time you found that file, is there any doubt in your mind that this file was found on a 1443 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LabMD? A. I would say yes. Q. Have you heard conversations in the Tiversa offices about contacts that Mr. Boback made with LabMD? A. Yes. Q. Did LabMD ever hire Tiversa to do anything for them? A. No. Q. So they did not accept Boback's proposal to remediate their problem. A. No. Q. Was LabMD ever told by Tiversa where their file had been found on the peer-to-peer networks? A. I believe that the initial contact, there was no identifying information as far as the location on it. I think it was the usual sales pitch where, if you pay us, we can go look, but we don't know right now. And then I think that there was a subsequent e-mail that went out. After things went cold, Bob reached back out to LabMD that, hey, your files -either your files are being searched for or it is being, you know -- it's spread all over the peer-to-peer space and you need to remediate it. Q. But that wasn't true, was it? A. No. 1442 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 LabMD computer in Atlanta, Georgia? A. Yeah -- well, after I downloaded the file, I immediately went and browsed the host because I wanted to get any other piece of information that would be at that IP address, because when you pull open a PDF and it's packed full of, you know, 8,000 people's healthcare information or however many that are in there, chances are there's other information there that would be valuable as well. Q. And after you found this file in February 2008, did you tell Mr. Boback that you found this? A. Yes. Within just a few minutes of opening it, he was standing over my shoulder looking at it. Q. And when you showed this file to Mr. Boback, what did he do next? Did he do anything himself or did he direct you to do anything? A. He was very excited and told me that he was going to take the lead on it. Q. I'm sorry. He was going? A. He was going to take the lead on it. He was going to make contact with LabMD. Q. And do you know if he actually contacted LabMD? A. I would imagine he probably did. I mean, I was not in the room. Q. But do you know today whether he has contacted 1444 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. In fact, the file was never -- never spread anywhere on the Internet. A. No. No. The originating source in Atlanta is the only source that it's ever been seen at. Q. Now, there was a lot of talk this morning about IP addresses that you provided to Mr. Boback, and at least four of them were found on a document that has been discussed today as CX 19; correct? A. Yes. Q. Now, these were not the only IP addresses that Tiversa used to make it appear that files spread to other locations on the Internet. A. No. Q. Do you have any idea today of approximately how many different IP addresses that may have been used by Tiversa to make it appear as though files were spread on the Internet? A. I would say approximately twenty. Q. Twenty? A. Twenty. Q. And were there certain IP addresses that you seemed to use more frequently than others? A. Yes. Q. And why was that? A. Like we were talking about this morning, if you 34 (Pages 1441 to 1444) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1445 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know that the IP address is dead and there's no computer on the other end of it, especially if law enforcement has already taken action, whether it be somebody who has material that's used to exploit children or, you know, banking information for identity theft or for whatever the reason is, if law enforcement has already acted on it, that computer is gone, so therefore, it's going to be impossible to say was this insurance aging file at 173 in Apache Junction when that's -- like I say, that's long gone, so there's no way to contradict what Tiversa is saying. Q. Now, just briefly, Mr. Wallace, in addition to the duties that you had in the regular course of your business for Tiversa, did you also from time to time assist law enforcement in different investigations that would give you access to some of these IP addresses? A. Yes. Q. And Mr. Boback, was he aware that these were IP addresses that -A. Yes. Q. -- you had found from known criminals? A. Yes. Q. Now, looking at CX 19, Mr. Sherman directed you to a series of questions about the pieces of information contained on this document. 1447 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MS. BUCHANAN: Q. Just to be clear, the third column lists a time, like the first one, for example, is 11:26 p.m., the second is 3:49 p.m. A. Yes. Q. These times do not actually represent when these files were actually downloaded. A. No. That time -- it was simple to -- it's simple to change them, but it took a lot of keeping track of what times to use because, for example, that 173.16 IP address, the date modified of that file has to correspond with when that IP address was really active. And the other thing that you have to look for is to make sure that you're not creating a previous exposure before the original source. Q. And this particular document, CX 19, you compiled this at or around the time of Mr. Boback's deposition in this proceeding; correct? A. Yes. Q. And he asked you to come up with IP addresses that would relate to locations other than Atlanta, Georgia; correct? A. Yes. Q. But this is by no means the only set of IP 1446 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And the first column contains an IP address; correct? A. Which one are we looking at? Q. I'm sorry. I'm looking at CX 19 with the list of four IP addresses. A. Yes. Yes. MS. VANDRUFF: And Your Honor, if I may, Counsel, are we going to -- do you intend to elicit questions that Mr. Sherman didn't -- answers to questions that Mr. Sherman did not ask? Okay. Because it sounds like you're asking the same questions. THE WITNESS: I don't have that because it was on the screen, but yes, the first column would be an IP address. The next would be a date and a time when that file was supposedly downloaded. Then there would be a file title that would have the IP address prepended to it. BY MS. BUCHANAN: Q. The only point that I really want to clarify with respect to this document is that in the third column -- and I know you don't have it in front of you right now -- excuse me. Jackie, would you give this to the witness. THE WITNESS: I know what it is. 1448 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 addresses that you may have ever given Mr. Boback or used on prior occasions. A. No. JUDGE CHAPPELL: I have a question. You told me earlier that you wanted to make sure the IP address was valid at the time you listed in case you were audited. THE WITNESS: Pardon me? JUDGE CHAPPELL: In case you were audited, is that what you said, in case of an audit? THE WITNESS: Yes. Or that way, when you go and you pull up the main screen on any of the operating centers or the user centers, those files will show up as looking like they're coming from that IP address. JUDGE CHAPPELL: But let's say you gave that IP address to LabMD. They can't do anything with that IP address, can they? THE WITNESS: Yes. JUDGE CHAPPELL: What can they do with the IP address? THE WITNESS: They would be able to identify where -- what part of the country it's coming out of, what the ISP is, what the carrier is. And if the file actually continued to be disclosed from that IP address and, say, LabMD was not able to find the laptop or find 35 (Pages 1445 to 1448) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1449 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the station that's broadcasting it, you could contact the ISP and request them to cease service for that ISP -- or for that IP address based on their terms of user -- terms of service user agreement. JUDGE CHAPPELL: I understand they could trace the IP address, but you were talking earlier about whether they were active or not. If LabMD had that IP address, could they find out a history of that IP address, whether it was valid and when it was valid? THE WITNESS: You could do some searching online. Yes. BY MS. BUCHANAN: Q. I'd like to direct your attention to Respondent's Exhibit RX 545, which is the CIGNA ticket that you testified about this morning. A. Yes. Q. And with regard to this CIGNA ticket, in the section 4 labeled Incident Summary? A. Yes. Q. This summary purportedly indicates that a disclosure of the CIGNA files, which would have contained the same files from the insurance aging file, was found on April 18. A. Yes. 1451 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. That's correct. Q. And would it have helped CIGNA to know that the disclosure of their files actually occurred in February as opposed to April so they could have taken some investigation and found the disclosure source for themselves? A. Right. JUDGE CHAPPELL: At the time indicated on this document, was CIGNA a client or were they being groomed to be a prospective client? THE WITNESS: CIGNA was a client, a monitoring client, so we were providing peer-to-peer monitoring services for CIGNA. But the other thing that we would do is, say, for example, if LabMD did not purchase our services, we could reach out to CIGNA and say, LabMD has disclosed one hundred and -- I forget how -- 113 of your insureds' information, you need to reach out to LabMD, and you know, you could strong-arm people that way as well. JUDGE CHAPPELL: And why would you do that? THE WITNESS: If they did not want to become customers. JUDGE CHAPPELL: To monetize the target? THE WITNESS: No. What we would do is there 1450 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. But that's not correct, is it? A. No. Q. And you indicated this morning that it was part of the business practice that information needed to be continually flowing to customers so that they could see that things were being done. A. Right. MS. VANDRUFF: And Your Honor, just if I may, while complaint counsel agreed that Ms. Buchanan can examine her client, rehashing this morning I don't think is efficient, so I just want to make sure that Ms. Buchanan covers areas where there was some confusion. MS. BUCHANAN: I'm getting to the point. MS. VANDRUFF: Okay. Thank you. BY MS. BUCHANAN: Q. Now, with respect to this particular ticket, it indicates that a disclosure was discovered by Tiversa on April 18, 2008, and you indicated this morning that that wasn't the actual date that it was found. A. That's correct. Q. But this ticket that was provided to CIGNA, this ticket that was actually paid for by CIGNA, was supposed to be disclosed to CIGNA in real time as in like right after the disclosure was made. 1452 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 would be a delay before we -- before we give it to somebody else to give Tiversa the chance to reach out to that customer and let them become a customer before going the third way around, before having an existing customer reach out to them. JUDGE CHAPPELL: So if I understood you correctly, the process you just described would help force LabMD to become a client. THE WITNESS: Right. BY MS. BUCHANAN: Q. You testified this morning that in like the fall of 2009 you traveled to the FTC along with others from Tiversa to discuss the CID that had been produced. A. Right. Q. And essentially you were asked to explain how this spreadsheet was constructed and what information was contained on it; correct? A. Right. Uh-huh. Q. Can you tell us whether, in addition to providing the spreadsheet to the FTC, whether Mr. Boback made other use of this list? A. Yes. This was the master list that we would cold-call people for IRCs off of as well. Q. And after he actually delivered it to the FTC, did he tell clients that they in fact were aware of 36 (Pages 1449 to 1452) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1453 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 their disclosures? A. Yes. He actually contacted a lot of the people on this list after the FTC was notified that they -that these companies had a disclosure and would be saying that the FTC is going to be taking action against you if you don't become clients. JUDGE CHAPPELL: Does this list have a document number? MS. BUCHANAN: Yes, Your Honor, it does. My apologies. It's RX 551. JUDGE CHAPPELL: Thank you. MR. SHERMAN: Your Honor, it was not admitted into or even presented for admission into evidence. There is a redacted version of the list that is in evidence. The only name that appears on that list is LabMD. And that is document -- it's 307 I believe. Yes, CX 307. JUDGE CHAPPELL: So the list you're talking about, Counselor, in evidence is a document labeled RX 307 which is redacted. MS. BUCHANAN: Correct. Thank you, Your Honor. BY MS. BUCHANAN: Q. Now, in addition to all the companies that are listed on this exhibit, which would represent companies in which Tiversa would have created the appearance that 1455 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the first time; correct? A. Yes. Q. And your deposition was noticed back in 2014; correct? A. It -- I've never been deposed. Q. The parties here to this proceeding wanted to take your deposition. A. Oh, yes. Yes. Q. And that was in 2014; correct? A. Yes. It was around the same time Bob's deposition was done as well. Q. And did you ever give a deposition in this case? A. Did I ever what? Q. Did you ever provide a deposition -A. No. Q. -- testimony? A. No, I did not. Q. Did you ever have discussions with Mr. Boback about you giving a deposition testimony? A. Yes. Especially in regard to the LabMD file, there was a lot of pressure to give false information, which I just was not willing to do. Q. And so that Mr. Boback specifically asked you to lie to the FTC in connection with your deposition; 1454 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 their documents were spread all over the Internet, in addition to these examples, were there other times when Mr. Boback would go out and make statements, then ask you to try to create a scenario that would make it look like the information that he was given was actually true? A. Yes. There were multiple, multiple times. Some of them were very high level, very well publicized. You know, one example would be, there was a defense contractor in Washington, D.C., actually western Virginia, and he was in charge of -- well, he was CEO of a company that was working on a project to upgrade the cockpit avionics for Marine One. And that file had already been dealt with by law enforcement, had already been remediated and taken off-line. The CEO knew about it. It was gone. Mr. Boback found out about it sometime later and said we need to make hay out of this, so the media was contacted and the story then was that the file had been found at an Iranian IP address. Q. So basically Mr. Boback asked you to create the appearance that the file had been found on an Iranian address as opposed to where it was actually found. A. Right. Q. Now, Mr. Wallace, you are testifying today for 1456 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 correct? A. There was not much asking. It was more telling. Q. And on this occasion, you finally refused to do something that Boback asked you to do that you knew was wrong. A. Yes. MS. BUCHANAN: I don't have any other questions, Your Honor. JUDGE CHAPPELL: All right. MS. VANDRUFF: Your Honor, may I ask for the court's indulgence for just a moment because I think we're going to ask to approach. JUDGE CHAPPELL: Okay. MS. VANDRUFF: If I may? Thank you. (Pause in the proceedings.) MS. BUCHANAN: I just have actually one follow-up question. BY MS. BUCHANAN: Q. It was your testimony this morning with regard to the kinds of documents that you found along with the 1718 File from LabMD computers -- and I don't think that you -- that it was stated on the record what kind of documents they were and why you believed that they came from LabMD. 37 (Pages 1453 to 1456) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1457 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. They were -- several of them were -- it had the red and white LabMD logo on the top of them. There were -- in the meta data of the Word document it clearly showed LabMD. Then there was also a Word document that had what an employee for LabMD would use to log in to different Web portals for insurance carriers to I believe submit information to it for payment. Like I say, every single one of the files was related to LabMD in one way or another. Q. And finally, you made reference -- I had asked you whether there were other examples of times in which Mr. Boback would make statements and ask you to create a scenario that made it seem as though information was found in one place and it was really found somewhere else. And you made reference to him making statements about a disclosure of information, that you were directed to make it look like this information was found on an Iranian IP address? A. Yes. Q. And you made reference to Marine One; is that correct? A. That is true. Q. And are you referring to the president's helicopter? 1459 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: Yes. MR. SHERMAN: I think that was the plan. (At the bench, discussion off the record.) (In open court.) JUDGE CHAPPELL: Mr. Wallace, you're excused. Thank you for your time. THE WITNESS: Oh. JUDGE CHAPPELL: Just like that. No deposition. You're free. THE WITNESS: Thank you. (At the bench, discussion off the record.) (In open court.) JUDGE CHAPPELL: So, Ms. VanDruff, can you tell us for the record your position on any cross or deposition of Mr. Wallace? MS. VANDRUFF: Yes, Your Honor. At this time, complaint counsel will not be proceeding with the deposition permitted by Your Honor's order, and we are not conducting cross-examination. JUDGE CHAPPELL: All right. Then the only question left to ask is whether Mr. Sherman has follow-up questions based on the redirect of Ms. Buchanan. MR. SHERMAN: I do not have any follow-up questions of Mr. Wallace, Your Honor. 1458 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. Yes. It was a very publicized story. Tiversa, you know -- it was very good press for Tiversa. And believe it or not, it was not easy to find an active Iranian IP address that law enforcement couldn't get ahold of. Q. And this is just one of the many -A. This is one of many. Q. -- examples of occasions where you were asked to create a scenario that information was found in locations where it never existed. A. That is true. MS. BUCHANAN: I have no further questions. JUDGE CHAPPELL: All right. MS. VANDRUFF: May respondent's counsel and I approach, Your Honor? JUDGE CHAPPELL: All right. (At the bench, discussion off the record.) (In open court.) JUDGE CHAPPELL: We're going to take a short recess. We will reconvene at 4:00 p.m. (Recess) JUDGE CHAPPELL: Let's go back on the record. Mr. Sherman? MR. SHERMAN: May we approach, Your Honor? 1460 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 There is the issue of the admission of certain documents as exhibits. JUDGE CHAPPELL: Before that, Mr. Wallace and his counsel are excused. All right. MR. SHERMAN: In terms of those documents, complaint counsel and I have -JUDGE CHAPPELL: Do we have exhibit numbers? MR. SHERMAN: I think it is Exhibit Number -- or it should be -JUDGE CHAPPELL: Well, there's a chance we will reconvene, if there's rebuttal, we will reconvene, so we may not need to deal with this at the moment. And if there's no objection -- well, let me get this clear. The government is not in a position to say whether or not they will request rebuttal at this time? MS. VANDRUFF: That's correct, Your Honor. JUDGE CHAPPELL: Okay. So we're going to recess here shortly, and then I assume, if you want rebuttal, you'll be filing a motion requesting rebuttal. MS. VANDRUFF: Yes, Your Honor. And I would ask for one week to file that motion. JUDGE CHAPPELL: Any objection? MR. SHERMAN: No objection to that, Your Honor, 38 (Pages 1457 to 1460) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1461 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 if -- if it would then be proper after that week, should she -- should the -- should the FTC decide not to put on any rebuttal, then at that time we could deal with the submission of the exhibit that we were discussing before. MS. VANDRUFF: And Your Honor, complaint counsel would be amenable to doing that by consent motion or otherwise. JUDGE CHAPPELL: A joint motion. MS. VANDRUFF: Well, it would not be complaint counsel's motion, Your Honor, but I can see that we would -JUDGE CHAPPELL: He could offer the attachments, but from what I'm hearing, what I heard in our conference at the bench, you're going to -- these are going to need to be in camera? MR. SHERMAN: That's correct, Your Honor. There is some sensitive information contained in some of the documents. JUDGE CHAPPELL: So we're going to need a motion for in camera treatment. MR. SHERMAN: And we would be willing to make that motion if the court would indulge us to wait until the FTC has made its decision on rebuttal. Or -- and not that that is a mechanism for us making the motion, 1463 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in camera if we're not referring to a document in open court, we need to go with the standard in camera, so we'll need a motion to be filed, and you know the guides, the standards, et cetera, that apply to that, so we'll need a motion for in camera treatment. And I could rule on that. And I will not be able to close the record until that's resolved. So I think I've handled everything I can today. We will give -- you have a week to file a motion for rebuttal or to notify us that you don't intend to request rebuttal; right? MS. VANDRUFF: Yes, Your Honor. JUDGE CHAPPELL: And you have a week for that. You can get this in camera motion in pretty quickly; right? MR. SHERMAN: Yes, Your Honor. JUDGE CHAPPELL: How many pages are we talking, just ballpark? MR. SHERMAN: 56. 50. JUDGE CHAPPELL: Okay. Not thousands. MR. SHERMAN: No, sir. JUDGE CHAPPELL: And I believe if the calendar is right that you have until May 12 for your rebuttal motion. 1462 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we could do it in the meantime. It's -JUDGE CHAPPELL: Is the offer of these exhibits contingent upon rebuttal or not connected? MR. SHERMAN: They are not. MS. VANDRUFF: And Your Honor, it would be easier for at least complaint counsel to assess the rebuttal to know that respondent has closed its evidence. I think the only outstanding issue are these 18 documents that Mr. Sherman has described. JUDGE CHAPPELL: Well, I think you raise a good point. Does respondent rest? Other than these documents we're talking about. MR. SHERMAN: Yes, Your Honor. JUDGE CHAPPELL: Okay. MR. SHERMAN: Respondent rests. JUDGE CHAPPELL: Okay. MS. VANDRUFF: That addresses my concern, Your Honor. Thank you. JUDGE CHAPPELL: I'm just trying to figure out how to handle these exhibits if there's no rebuttal and whether we would need to get together again here for me to wrap everything up. Because there's no need for provisional 1464 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. VANDRUFF: Thank you, Your Honor. That's exactly what I was counting. MR. SHERMAN: Your Honor, the only procedural step I think we need to take at this point, having rested our case, we would renew our motion to dismiss. JUDGE CHAPPELL: Yes. I have that in writing. MR. SHERMAN: And we would submit that on the brief that's been submitted already. JUDGE CHAPPELL: I have that in writing. So we'll see what develops with the rebuttal request and the document. Until then -MR. SHERMAN: Your Honor, one more thing. JUDGE CHAPPELL: Okay. Go ahead. MR. SHERMAN: One more thing. I think there's a -- there's a request Mr. Rubinstein wants to make on the record. JUDGE CHAPPELL: All right. MR. RUBINSTEIN: Good afternoon, Your Honor. This is to give you notice that we will be filing a motion with you in very short order, asking that you to consider a referral of Tiversa and Mr. Boback, under 18 U.S.C. 1505, for obstruction of this proceeding. Based on the testimony taken in this case, the document productions and the information obtained from 39 (Pages 1461 to 1464) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 1465 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the House Oversight and Government Reform Committee and based on the testimony heard today, we believe there is ample evidence to suggest that Tiversa provided false testimony under oath, that Mr. Boback provided false testimony under oath, that documents that were responsive to subpoenas from the government were not produced or willfully withheld, and that for these reasons it would be appropriate for this court to ask for criminal investigation. And we are going to ask the government to join us in that motion. JUDGE CHAPPELL: Okay. Let me just tell you, thanks for the warning or notice, but I'm not going to accept that orally in open court. That will need to be done in writing. MR. RUBINSTEIN: Yes, Your Honor. We will provide that to you in writing fairly soon. JUDGE CHAPPELL: All right. Anything further? MS. VANDRUFF: No, Your Honor. Just -- except for just an administrative point. With respect to cleanup of exhibit lists, et cetera, is that something that you expect the parties to resolve or do you want us to present on that at our next proceeding? 1467 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: All right. Until we meet again, we're adjourned. (Whereupon, the foregoing hearing was adjourned at 4:16 p.m.) 1466 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 JUDGE CHAPPELL: I would like for you to work on eliminating any duplicative exhibit, one that's a CX as well as an RX, so it becomes much easier in posttrial briefing. And hopefully you can do that without my involvement. MR. SHERMAN: I think we can handle that, Your Honor. JUDGE CHAPPELL: And as far as I'm concerned, it gets no greater weight for one side or the other whether it's a CX or an RX. It's just an exhibit. MS. VANDRUFF: And so we can resubmit then, Your Honor, in the coming days? JUDGE CHAPPELL: I think the best way to do it is if we have, for example, a CX 5 and an RX 25 and they're the same exhibit, then I think create a list of what you're withdrawing, and in open court you can say we're withdrawing, for example, RX 25 because it's the same exhibit as CX 5, so that the record is clean. MS. VANDRUFF: Okay. JUDGE CHAPPELL: It's better to withdraw than to add. MS. VANDRUFF: Understood. JUDGE CHAPPELL: Okay. Anything else? MR. SHERMAN: Nothing further, Your Honor. MS. VANDRUFF: Nothing further, Your Honor. 1468 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION OF REPORTER DOCKET/FILE NUMBER: 9357 CASE TITLE: LabMD, Inc. HEARING DATE: May 5, 2015 I HEREBY CERTIFY that the transcript contained herein is a full and accurate transcript of the notes taken by me at the hearing on the above cause before the FEDERAL TRADE COMMISSION to the best of my knowledge and belief. DATED: MAY 6, 2015 JOSETT F. WHALEN, RMR CERTIFICATION OF PROOFREADER I HEREBY CERTIFY that I proofread the transcript for accuracy in spelling, hyphenation, punctuation and format. ELIZABETH M. FARRELL 40 (Pages 1465 to 1468) For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 [1469] A A.D 1331:19 a.m 1310:8 ABC123 1343:17 ability 1338:13,16 1345:21 1432:5 1435:21 1440:10 able 1330:2 1343:1 1344:5 1346:7 1349:6 1350:13 1359:7 1361:19 1363:3,11 1372:17 1384:19 1391:12 1428:8 1432:5 1436:2 1448:21,25 1463:7 absent 1322:4 absolutely 1320:16 1336:23 accept 1364:19 1443:9 1465:14 accepted 1352:23,25 1364:17 access 1382:14,17 1382:21 1384:14 1403:1 1445:16 accessible 1371:10 accuracy 1468:22 accurate 1414:1,20 1415:9 1416:7 1417:9,24 1468:8 accused 1438:16,19 acoustics 1331:17 acquired 1351:5 acquisition 1351:4 1353:20 acted 1445:6 action 1312:7 1314:20,22 1315:1 1315:3 1363:12 1445:3 1453:5 actionable 1404:11 active 1447:13 1449:7 1458:4 activities 1342:21 actor 1368:7 1377:17 1382:1 actual 1354:2 1371:22 1384:9,9 1385:1,24 1391:16 1395:2,4,16 1450:20 add 1373:7 1466:21 addition 1325:13 1369:25 1445:12 1452:19 1453:23 1454:2 additional 1372:21 1373:22 1394:4 1406:25 1420:10 address 1327:11,12 1329:11 1345:24 1360:8 1367:1 1368:12 1369:24 1369:25 1372:18 1373:8 1374:19 1375:1,11,15,19 1375:21 1376:4,12 1376:16,17,24 1377:1,7 1378:21 1379:14 1381:13 1381:25 1382:6,7 1385:2 1389:7 1394:5 1396:3,3,5 1402:6,8,10,12,14 1402:19,21 1403:2 1403:6,9,25 1404:24 1405:19 1406:11,23 1410:20,23 1411:2 1411:4,12 1412:13 1415:5 1416:12 1427:15 1435:22 1439:8,19 1440:8 1442:5 1445:1 1446:1,15,17 1447:11,12 1448:6 1448:14,16,17,20 1448:24 1449:3,6 1449:8,9 1454:20 1454:23 1457:19 1458:5 addressed 1427:16 addresses 1369:4,15 1370:5 1371:17 1373:23 1374:6 1375:13 1376:22 1378:4,7 1383:14 1383:18,21 1388:19,21 1390:18,22 1402:18 1403:15 1407:3 1438:17 1444:6,10,15,21 1445:16,19 1446:5 1447:21 1448:1 1462:19 addressing 1331:6 adduced 1324:24 adequately 1427:15 adjourned 1467:2,3 adjusted 1384:22 Administration 1438:15 administrative 1310:13 1465:21 admissibility 1412:24,25 admission 1326:2 1453:13 1460:1 admit 1325:24 1415:14 1420:5,6 1422:8,9,12,18 admitted 1368:24 1388:9 1412:1 1413:16 1419:6,7 1423:20,21 1425:17,25 1426:2 1453:12 admittedly 1411:8 advanced 1365:14 1412:21 advise 1428:8 advised 1329:22 1428:4 affidavit 1315:20,23 1316:14,20 1317:19 1318:3,18 1318:19 1397:2 affiliated 1342:25 afternoon 1387:13 1431:16 1464:18 agenda 1321:20 aging 1355:10 1369:10,23 1370:3 1370:7,17 1372:2 1372:13,15,20 1374:5 1375:20 1378:8 1380:11,22 1382:9 1383:20 1388:23 1389:3 1390:9,16 1394:6 1396:12 1403:7 1404:23 1405:23 1406:23,24 1407:3 1410:8,10,11,14 1410:19,22 1411:1 1411:3,9,11 1422:22 1423:9 1445:8 1449:23 ago 1386:22 agreed 1319:5 1365:9 1397:11 1427:7 1450:9 agreement 1425:3 1449:4 agrees 1325:3 ahead 1336:15 1352:15 1368:18 1370:23 1383:7 1385:3 1398:3,8 1398:19 1400:9 1408:13 1414:4,5 1421:5 1429:4 1431:11 1464:13 ahold 1458:6 Alain 1311:6 1314:10 1386:17 1386:19,20 algorithms 1340:20 allow 1320:17 1322:19 1323:9 1324:19 1438:18 1440:21 allowed 1331:25 1340:20 1358:5 altered 1412:16 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 1416:11 1418:2 amenable 1461:7 AMERICA 1310:1 Americas 1312:18 amount 1360:6 1361:19 1364:11 ample 1465:3 analysis 1328:23 analyst 1339:17,19 1339:20 1341:5 1360:14 1361:7 1406:3 1441:1 analysts 1341:6 1359:4,16,19,22 1359:24 1361:1 1437:11 Anju 1387:17 answer 1330:8,11 1365:23 1370:13 1407:7 1414:25 answers 1446:9 anticipatory 1398:2 Apache 1367:1 1376:25 1377:11 1377:23 1445:9 apologies 1453:10 apologize 1430:19 appear 1322:2 1362:5,10,23 1363:1,17,19 1367:8 1368:7,15 1369:10 1372:25 1373:4,25 1377:20 1378:8 1379:10,14 1388:20 1396:8 1403:9 1427:20 1444:11,16 appearance 1321:13 1325:6 1441:17 1453:25 1454:22 appearances 1311:1 1312:1 1313:1 1314:6 1315:4 appeared 1386:25 appears 1362:19 1379:22,25 1385:9 1393:22 1396:9 Trial - Public Record LabMD, Inc. 5/5/2015 [1470] 1453:15 application 1367:15 apply 1419:11 1463:4 approach 1315:13 1333:6 1354:21 1355:2,20 1358:13 1398:18 1400:8 1408:12 1409:19 1424:3 1456:13 1458:16,25 appropriate 1316:16 1317:17 1333:9 1465:8 approximately 1348:24 1349:1 1362:5 1444:14,18 April 1315:24 1393:17 1395:7 1449:24 1450:19 1451:4 area 1330:9,18 1369:11,24 1390:23 1434:16 areas 1427:14 1450:12 arguments 1419:11 Arizona 1367:2 1368:8 1376:25 Army 1319:11 1338:21 1339:1 arranged 1339:14 art 1331:18 article 1338:8,10,12 1338:15,21 1346:8 asked 1347:12 1364:4 1407:2 1414:23 1419:14 1419:15,25 1421:3 1421:4,21,25 1422:3 1432:18 1447:21 1452:15 1454:21 1455:24 1456:5 1457:11 1458:9 asking 1331:16 1347:20 1389:20 1389:22 1392:13 1403:14 1446:11 1456:2 1464:20 aspirational 1437:17 assert 1317:25 asserted 1387:24 1426:1 asserting 1317:7 assess 1429:21 1462:6 assessment 1430:16 assist 1445:15 associate 1314:18 1321:10 associated 1354:2 1388:24 assume 1341:25 1460:19 Atlanta 1369:11,24 1372:16 1380:14 1381:14 1395:4 1442:1 1444:3 1447:22 attached 1399:8 1403:6 attachments 1461:13 attempt 1345:6 attend 1342:7 attendant 1410:18 attended 1407:13 attention 1414:15 1449:14 attorney 1317:6 1321:7 1322:9 1330:7,9 attorneys 1315:3,13 1319:13 1329:21 1330:16 audit 1374:2 1384:16 1448:10 audited 1448:7,9 August 1401:6 authorization 1322:8 automatically 1376:7 1390:2 available 1340:11 1341:17 1345:11 1345:14 1349:8 1350:5,9 1361:9 1368:4 1381:5 1382:1 1385:8 1388:19 1402:4,5 1404:22 1415:4 1416:11 1428:25 1439:16 Avenue 1310:15 1311:10,19 1312:8 1312:18 1313:6 average 1366:4 avionics 1454:13 aware 1326:3 1329:21,25 1354:7 1354:13 1364:16 1365:9 1407:8 1445:18 1452:25 1361:7 1382:9 1388:1 1390:2,8 1449:3 1459:22 1464:24 1465:2 basically 1341:5,9 1341:16,22 1344:14 1345:10 1361:20 1362:24 1365:24 1366:22 1366:25 1369:6 1372:19 1374:3 1376:9 1382:19 1384:20 1388:18 1394:25 1418:11 1435:3 1438:19 1454:21 basis 1322:13 1392:16 1412:20 1412:24,25 1417:22 1418:3 bear 1412:4 BearShare 1342:24 B 1367:11 B 1373:14,17 began 1338:4 1374:11,12 1377:9 1347:8,14,17,22 1377:25 1348:23 1350:15 back 1314:3 1358:23 1359:12 1340:12 1365:14 1434:9 1436:14 1376:24 1392:3 beginning 1350:1,13 1396:24 1403:8 1379:17 1422:4 1425:14 behalf 1311:3,15 1427:3 1438:17,22 1312:3,14 1313:3 1443:20 1455:3 1314:9,15 1458:23 belief 1468:11 backed 1352:23 believe 1315:5 background 1323:5 1347:16 1316:13 1387:25 1348:22 1350:9 backwards 1384:24 1362:7 1370:14 bad 1367:1,2 1368:7 1382:4 1383:11 1369:8 1377:17 1386:6 1387:13 1382:1 1384:17 1393:11,24 1395:2 1390:22 1396:6 1400:7 ballpark 1463:19 1402:16 1404:9 bang 1362:24 1406:11 1407:25 banking 1445:5 1407:25 1413:24 based 1324:23 1415:7 1416:10,13 1338:15 1345:5 1417:25 1418:3,13 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 1419:22 1420:24 1427:4 1433:13,21 1433:22,23 1435:7 1441:20 1443:14 1453:16 1457:8 1458:4 1463:23 1465:2 believed 1405:6 1456:24 bell 1330:21 1408:2 belong 1396:5 belonged 1370:7,17 belonging 1370:4 bench 1315:13,14 1333:13 1336:3 1354:22 1355:22 1408:14 1411:22 1424:5 1429:25 1458:18 1459:3,11 1461:15 benefit 1411:17 best 1344:18 1407:22 1466:13 1468:10 Beth 1312:15 1321:9 better 1428:5 1430:25 1466:20 beyond 1323:16 1324:8 bias 1324:4 big 1350:7 bit 1319:12 Bob 1339:5,6,9,16 1342:6 1344:15,17 1351:2 1352:2,8 1359:6 1362:17 1363:9 1364:3 1365:14 1366:23 1369:5,9,13,22 1373:20 1380:10 1380:15 1381:11 1384:2 1387:16,20 1388:17 1390:20 1406:12 1407:10 1407:14 1431:18 1433:22,22 Trial - Public Record LabMD, Inc. 5/5/2015 [1471] 1438:16 1443:19 Bob's 1384:1 1455:10 Boback 1339:5,6,9 1342:6 1344:11,15 1351:2 1352:2 1362:17 1363:9 1364:3,21 1365:18 1374:11 1384:2 1387:16 1391:1 1407:10,14 1431:18 1432:16 1433:1,9,22 1434:5,9 1435:10 1435:13,17 1436:18 1438:3,6 1440:1 1442:11,14 1443:4 1444:6 1445:18 1448:1 1452:20 1454:3,17 1454:21 1455:19 1455:24 1456:5 1457:13 1464:22 1465:4 Boback's 1438:3 1443:9 1447:18 boil 1368:14 bombard 1394:23 bottom 1392:10 box 1392:10 brackets 1375:14 breach 1359:3,16,19 1360:10,11 1361:3 1361:3,4,5 1363:3 1364:14 1368:15 breadth 1340:22 break 1315:8 1396:19,21 1424:2 1425:14,15 1426:6 1428:4 1429:11 brief 1464:8 briefing 1466:4 briefly 1445:12 bring 1321:24 1328:20 1330:23 brings 1417:10 broad 1346:13 broadcasting 1449:1 brought 1341:15 Brown 1311:5 1314:10 browse 1345:22 1404:16,24 browsed 1372:21 1442:3 Bryan 1312:17 1321:9 Buchanan 1312:15 1321:8,9,14,16,22 1330:13 1331:11 1332:7,10,13 1365:23 1396:18 1399:2 1414:25 1427:5,6,10,22 1428:10 1429:6,8 1429:10 1431:12 1431:15 1446:19 1447:1 1449:13 1450:9,12,14,16 1452:10 1453:9,21 1453:22 1456:8,17 1456:19 1458:13 1459:23 buck 1362:25 building 1331:19 1349:20 built 1331:19 bullet 1403:10,10,22 1404:1 1406:18 bunch 1394:23 Bureau 1311:8 burn 1368:12 burned 1354:2 business 1340:3,5 1363:22 1364:17 1364:20 1365:8,10 1365:12,16,19 1366:18 1391:9,11 1391:25 1401:9 1412:18 1413:4,15 1413:17,20 1414:4 1415:21,23 1416:9 1416:14 1417:8,21 1418:2,5,9,18 1420:2,21 1438:20 1439:14 1445:14 1450:4 buying 1349:20 C C 1314:1 1468:1,1 1468:19,19 calendar 1463:23 call 1314:3 1317:12 1320:5 1325:12 1328:17 1331:21 1336:25 1359:7 1437:21,21 called 1322:15 1332:24 1337:5 1355:11 1360:10 1372:9 1373:9 1381:2 1408:5 calling 1344:20 1438:11 calls 1348:12 1438:25 1439:15 camera 1309:13 1316:5,7,8,11 1317:10,19,23 1318:9 1322:6 1326:18,23 1327:1 1327:5 1328:12,20 1328:24 1329:6,10 1329:12,17,18 1330:1,10,15,18 1333:9 1397:11,19 1409:25 1411:19 1461:16,21 1463:1 1463:2,5,15 capabilities 1407:24 1435:13,18,20 capability 1408:4 capture 1372:17 captured 1340:21 car 1387:16 care 1361:20 1364:14 carrier 1448:23 carriers 1457:7 carry 1405:19 case 1319:17 1320:11 1321:13 1359:2 1368:25 1390:15 1448:6,9 1448:10 1455:13 1464:5,24 1468:4 cases 1355:12 cast 1346:13 cataloged 1437:13 catching 1372:11 1374:2 cause 1312:7 1314:20,22 1315:1 1315:3 1320:8 1468:9 Cave 1312:17 1321:9 cease 1401:18 1449:2 centers 1448:13,13 CEO 1339:7,7 1342:6 1363:9 1454:11,15 certain 1325:23,24 1326:2 1327:9 1330:24 1342:10 1350:12,16,25 1351:18 1358:9 1364:11,11,12,21 1376:22 1390:23 1395:25 1444:21 1460:1 certainly 1414:6 1428:19 CERTIFY 1468:7 1468:21 cetera 1376:17 1463:4 1465:23 chair 1332:17 chairman 1347:21 1413:12 chambers 1316:5 1319:3 chance 1410:3 1452:2 1460:11 chances 1442:7 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 change 1336:19 1447:9 changed 1384:25 1393:13 changing 1417:3 CHAPPELL 1310:12 1314:3,12 1314:19 1315:2,7 1315:12,16,19 1316:17 1317:1,13 1317:24 1318:6,16 1318:21,24 1319:4 1319:8,11 1320:25 1321:3,5,12,15,19 1321:23 1322:18 1323:4,13,19,25 1324:4,8,12,17 1325:5,15 1326:6 1326:8,10,13,18 1327:13,16,18 1328:7,11,16 1329:15 1330:4,7 1330:16 1331:9,17 1331:23 1332:5,8 1332:12,15 1333:2 1333:7,11 1335:21 1336:2,15,20,24 1337:12 1338:25 1340:13,17,23 1341:3,8,11 1342:9 1343:7,11 1343:22 1344:8,13 1344:21 1345:25 1346:12,15 1347:12,20,24 1348:1 1349:13,17 1349:22 1350:20 1351:24 1352:6,10 1352:13 1353:12 1353:14 1354:8,14 1354:23 1355:18 1355:21 1358:4,12 1358:15 1359:15 1359:18,22 1360:1 1360:9,24 1361:10 1361:13,22 1366:4 1366:13 1367:18 Trial - Public Record LabMD, Inc. 5/5/2015 [1472] 1367:22,25 1368:3 1368:14,18 1370:16,23 1371:2 1371:8,13,16,19 1371:21 1372:23 1373:12 1374:10 1376:15,20 1377:3 1377:6,9,21,25 1378:12 1379:17 1382:14,17,21,25 1383:4,7,15,18,24 1384:2,4,13 1385:3,25 1386:4 1386:9 1388:3,5 1388:11 1389:8,11 1389:20 1392:19 1396:15,20,24 1397:9,25 1398:5 1398:8,19 1399:13 1399:18 1400:9 1403:16 1407:6 1408:6,13 1409:20 1411:24 1412:3,8 1412:17,22 1413:21 1414:3,24 1415:13,18 1416:1 1416:7,13,20,24 1417:2,6,13,15 1418:5,20,25 1419:5,9,22 1420:12,22 1421:2 1421:20,25 1422:4 1422:8,19 1423:1 1423:6,11,18 1424:4 1425:3,10 1425:13,23 1426:5 1427:3,7,24 1428:6,11,22 1429:4,9,11,20 1430:3,20,24 1431:5,8,10 1448:4,9,15,19 1449:5 1451:8,21 1451:24 1452:6 1453:7,11,18 1456:10,14 1458:14,17,20,23 1459:1,5,8,13,20 1460:3,8,11,18,24 1461:9,13,20 1462:2,11,16,18 1462:21 1463:14 1463:18,21,23 1464:6,9,13,17 1465:12,18 1466:1 1466:8,13,20,23 1467:1 characterized 1328:15 charge 1361:19 1454:11 Chicago 1338:9 1377:1 1431:22 Chief 1310:13 child's 1343:19 children 1445:4 Chopra 1387:17 chosen 1332:8 CID 1353:9 1354:4 1354:6 1358:25 1359:11,13 1362:3 1385:18,21 1386:13 1408:2 1452:13 CIGNA 1393:14,15 1393:21 1401:2 1404:12 1406:5 1415:3 1449:15,18 1449:22 1450:22 1450:23,24 1451:2 1451:9,11,13,16 circumstances 1336:19 1369:9,23 cite 1319:25 city 1349:14,15,18 civil 1352:17,25 1353:4,9,22 1354:10 claim 1316:23 claiming 1380:15 clarification 1319:2 1324:3 1325:19 clarify 1348:12 1377:3 1385:23 1417:3 1422:16 1446:20 clarifying 1350:22 clean 1466:18 cleanup 1465:22 clear 1319:6 1328:22 1329:1,18 1329:20 1340:14 1347:20 1348:2 1354:8 1388:9 1397:5 1403:14 1407:6 1420:25 1423:5,17 1437:22 1437:22 1441:14 1447:2 1460:14 clearly 1415:3 1457:4 client 1336:22 1342:23 1367:11 1390:5 1391:13 1393:15,17 1395:18 1404:22 1439:20,21,22 1440:6,7 1450:10 1451:9,10,11,12 1452:8 clients 1339:23 1343:1 1363:20,21 1363:24 1389:5 1395:25 1399:24 1413:5 1415:24 1437:16,17 1439:16 1440:2 1452:25 1453:6 close 1463:7 closed 1462:7 closely 1344:14 1348:19 1416:20 closer 1401:12 cockpit 1454:13 Code 1322:11 cold 1437:21 1443:19 cold-call 1452:23 collected 1354:1 column 1401:23 1402:7,9 1446:1 1446:14,22 1447:2 come 1315:8 1328:19 1333:11 1360:14 1369:10 1372:12 1374:6 1375:24 1376:1 1384:16 1389:17 1389:19,24 1413:11 1425:14 1447:21 comes 1330:21 1390:20 comfortable 1351:2 coming 1363:12 1373:21,21 1415:20 1448:14 1448:22 1466:12 commission 1309:1 1310:1,14 1311:3 1311:7 1325:8 1433:19 1434:10 1434:12,17 1468:10 commissioner 1433:19 commitment 1387:12 committee 1317:6 1413:12,14 1420:9 1420:9,15 1465:1 Committee's 1325:25 common 1391:6 1395:23 communicate 1416:2 communicated 1317:12 communication 1347:10 1348:23 1365:14 communications 1316:21 1346:22 1347:1,5,7 1348:5 1349:2 1350:1,4 1352:1 1396:6 1434:9 1436:22 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 companies 1361:18 1361:25 1362:5,9 1363:16 1366:8 1385:21 1386:25 1390:19 1394:22 1437:19 1438:7,11 1439:17 1453:4,23 1453:24 companies' 1354:1 company 1337:19 1340:6,8 1344:3,3 1344:20 1351:6 1352:24,25 1359:3 1360:5,21 1364:16 1364:19,20 1365:7 1366:6,8,11,17,24 1372:6 1373:14,17 1373:20 1374:11 1374:12 1377:9,25 1391:8 1392:7 1395:12 1437:6 1440:9 1454:12 company's 1362:19 compel 1316:1,4 1397:10,13 competent 1370:13 1419:21 compiled 1362:2 1437:15 1447:18 complaint 1314:9 1315:25 1316:6 1317:22 1318:9,10 1320:13 1322:20 1322:22 1323:22 1323:23 1324:21 1324:22 1325:3,23 1326:3,16,25 1327:8 1329:4 1331:7 1397:18,19 1411:22 1422:15 1423:16 1425:8,20 1427:11,18 1428:18,21 1430:10 1450:9 1459:17 1460:7 1461:6,11 1462:6 complete 1346:1 Trial - Public Record LabMD, Inc. 5/5/2015 [1473] 1377:1 completed 1430:13 completely 1435:23 completes 1428:10 compliance 1354:3 comply 1326:4 computer 1340:21 1368:11 1371:9 1372:6 1377:2,19 1380:16,18 1396:12 1403:1 1404:13 1435:13 1442:1 1445:1,7 computers 1456:22 concede 1428:15 concentrator 1381:3 1403:5 1406:15 concern 1329:9 1430:10 1462:19 concerned 1466:8 concerning 1322:25 1327:23 1393:21 1395:24 1411:8 concerns 1329:5 1411:23 conclusion 1324:20 concurs 1316:10 conduct 1318:13 1425:7,11 1430:16 conducting 1459:19 conference 1329:3 1461:15 conferred 1327:13 1327:23 confident 1430:14 1430:16 confidential 1405:7 confirm 1422:5 confirming 1325:10 confusion 1450:13 Congress 1432:17 1433:2,15 congressional 1341:16 1342:2,4 1346:20,25 1347:13,16 1348:15,20 1351:14 1399:9 1420:9 1433:2,10 connected 1380:15 1380:17 1462:3 connection 1455:25 consent 1461:7 consider 1428:20 1464:21 considered 1361:2 1401:15 constantly 1391:13 constitute 1361:4,8 constraints 1429:25 constructed 1452:16 consult 1417:13,15 Consumer 1311:8 contact 1338:10 1351:25 1363:2 1366:23 1373:20 1438:7 1442:21 1443:14 1449:1 contacted 1338:5 1339:4 1364:17 1431:18,21 1432:4 1442:22,25 1453:2 1454:19 contacting 1361:17 contacts 1443:4 contain 1411:20 contained 1410:2 1419:17 1445:25 1449:23 1452:17 1461:18 1468:7 contains 1328:4 1416:4,22 1446:1 content 1344:25 1345:7 context 1342:15,19 contingent 1462:3 continually 1450:5 continued 1312:1 1313:1 1448:24 continues 1411:17 continuing 1401:19 contract 1360:20 1361:17,20 1364:10 1366:4,6 1373:15 contractor 1454:10 contracts 1366:15 contradict 1445:10 controlled 1402:17 convenient 1332:14 conversation 1407:9 1438:14 conversations 1436:14,17,24 1438:11 1443:3 convince 1420:13 copied 1359:13 copies 1371:14 copy 1318:9 1323:20 1359:14 1400:22 1414:1,10 1414:20 1415:9 1417:24 1429:18 corporation 1310:4 correct 1317:15,18 1317:23 1322:16 1322:17 1323:9 1325:1 1326:5,12 1343:23 1344:24 1345:15 1346:12 1346:14 1347:18 1347:19 1348:6,22 1348:25 1350:1 1351:9 1368:17 1370:19 1377:8 1378:10 1380:3 1381:15 1383:22 1386:13 1388:10 1390:12,14 1393:3 1393:12,15,18 1394:1,2 1395:7 1395:21 1397:8 1400:3 1402:8 1410:10,14,16 1414:19 1415:11 1415:12 1416:22 1419:22 1427:10 1431:4,19,20,23 1432:20 1433:12 1433:25 1434:6,19 1434:22 1435:10 1435:25 1436:15 1436:20 1437:7,25 1438:4 1439:12 1441:2,22 1444:8 1446:2 1447:19,23 1450:1,21 1451:1 1452:17 1453:21 1455:1,4,9 1456:1 1457:22 1460:17 1461:17 correctly 1377:6,22 1452:7 correspond 1385:24 1447:12 correspondence 1316:21 corresponds 1387:4 cost 1345:9 1366:5 counsel 1314:9 1316:22 1317:18 1318:9,10,17 1320:13 1322:20 1323:23 1324:19 1324:22,22,25 1325:3,6,23 1326:3,16,25 1329:4 1331:7,15 1331:24,25 1335:25 1336:21 1392:12 1397:18 1397:19 1399:5 1403:14 1411:22 1419:14 1422:15 1422:17 1423:16 1424:3 1425:6,8 1425:20 1427:11 1427:12,18 1428:18,21 1446:8 1450:9 1458:15 1459:17 1460:4,7 1461:6 1462:6 counsel's 1315:25 1316:6 1317:11,22 1322:22 1323:22 1324:21 1327:8 1430:10 1461:11 Counselor 1453:19 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 counting 1464:2 country 1448:22 couple 1331:2 1375:2 1386:22 1407:15 1428:14 course 1323:22 1339:10 1371:25 1391:25 1401:9 1413:4 1416:8 1418:9 1420:2,21 1445:13 court 1310:19 1315:9,15 1318:13 1321:17 1322:23 1329:7 1330:22 1331:8,8 1333:10 1335:20 1336:14 1336:21 1358:3 1409:18 1411:22 1458:19 1459:4,12 1461:23 1463:2 1465:8,14 1466:16 court's 1321:17 1326:1,4 1392:21 1412:7 1425:20 1456:12 courtroom 1318:12 1320:25 1329:19 1329:24 1330:23 1331:10,20 1332:2 1332:22 1333:5 1335:22 1336:1,22 1411:20 Coveo 1367:15 1374:3 cover 1328:5 1329:13 1401:6 1410:9,18 1412:11 1423:1 covered 1323:5 covers 1450:12 Cranberry 1349:19 create 1359:19 1360:11 1390:15 1399:24 1441:17 1454:4,21 1457:13 1458:10 1466:15 Trial - Public Record LabMD, Inc. 5/5/2015 [1474] created 1359:11 1362:2 1363:15 1369:4 1373:4 1375:18 1383:19 1383:24 1389:11 1389:13 1390:24 1406:10 1413:4,18 1413:20 1414:1 1415:9,17 1418:15 1420:2,4,20 1453:25 creating 1369:20 1376:7 1391:17 1404:8 1447:15 credibility 1323:24 1323:25 1324:4 criminal 1465:9 criminals 1445:21 criteria 1362:9 cross 1309:8 1324:1 1427:8 1459:14 cross-exam 1324:21 cross-examination 1323:8,9 1414:8 1421:9 1459:19 crunches 1430:18 custodian 1418:17 customer 1452:3,3,5 customers 1404:15 1450:5 1451:23 CX 1309:14 1368:24 1378:18 1380:20 1380:25 1383:17 1383:18 1385:11 1389:9 1444:8 1445:23 1446:4 1447:17 1453:17 1466:2,10,14,18 CXs 1325:18 Cypress 1396:6 D D 1309:2 1310:12 1311:17 1314:1 1468:19 D.C 1310:16 1311:11,21 1312:10 1385:14 1387:11,15 1407:14 1454:10 daily 1437:9 Darrell 1347:21 data 1338:13 1339:22 1340:6,7 1340:8 1343:5,21 1346:7 1349:11 1359:3,5,16,19 1360:4,10,11,16 1361:2,3,4,5,8 1363:3 1365:5,6 1367:4,8,12,14 1368:15 1369:16 1370:25 1371:2,5 1371:7,13 1372:7 1372:23 1373:2 1374:1,2,4,9,25 1375:13,17 1376:2 1376:7 1377:11,13 1378:7 1379:11,13 1380:5,9 1381:7 1381:10,21,24 1382:2,11,12,14 1382:17,22 1383:2 1383:4,9,11,13 1384:11,14 1385:23 1389:1,16 1389:23 1390:1,1 1390:5,6,8,13 1396:9 1401:4 1403:7 1405:16,18 1405:25 1406:3 1411:7,8,10 1437:13 1440:8,10 1440:14 1441:8,12 1441:15 1457:3 database 1359:5 databases 1439:23 date 1374:7,21 1375:6 1376:10 1379:6,6 1384:21 1384:25 1385:19 1391:15,17 1394:13 1395:16 1395:17,18,21 1401:4,12 1405:22 1406:1,6,7,13 1446:15 1447:11 1450:20 1468:5 dated 1327:1 1468:13 Daugherty 1314:16 1315:17,17,18,20 1315:24 day 1325:11 1387:8 1395:1 1429:11 1435:17,20 1437:13 days 1340:12 1428:14 1466:12 dead 1368:11 1384:19 1445:1 deadline 1326:23 deadlines 1430:18 deal 1438:20 1460:13 1461:3 dealt 1324:14 1349:11 1368:10 1454:14 December 1322:21 decide 1344:9 1461:2 decided 1365:16 decision 1343:7 1344:18 1345:5 1364:1 1365:19 1429:14 1461:24 dedicated 1403:3 deeper 1340:21 defense 1454:10 defer 1327:10 definitely 1344:16 1439:8 definition 1388:12 1425:24 delay 1452:1 deliverable 1392:7 delivered 1318:22 1452:24 delivery 1398:2 demand 1352:18 1353:1,5,10,23 1354:10 demonstrate 1320:4 1373:18 demonstrated 1320:8 1436:8 demonstration 1435:24 denied 1415:14 1422:9 depend 1366:7 depiction 1416:7 1417:9 depose 1322:20 deposed 1455:5 deposit 1376:10 deposition 1322:22 1322:25 1323:1,6 1323:7,18,22 1324:10 1425:8,15 1428:2 1447:19 1455:3,7,11,12,15 1455:20,25 1459:8 1459:15,18 depository 1371:4 describe 1339:9 1341:13 1359:7 1419:14 1434:25 described 1340:17 1351:18 1452:7 1462:10 describes 1416:18 description 1319:22 1435:12 designated 1317:19 1318:8 1320:6 desired 1332:9 desktop 1372:5 detailed 1319:22 detected 1393:11 1415:2 1416:19 1439:18 1440:18 detection 1406:7 determination 1316:15,25 determine 1317:9 1317:16 1318:6 1330:12 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 determined 1362:15 developed 1437:2 develops 1464:10 device 1396:10 1402:17 Diego 1370:1 1402:21 1403:5 difference 1420:18 1421:2 different 1328:7,10 1328:19,25 1329:16 1347:9,24 1351:21 1360:18 1365:15 1371:5 1377:2 1388:21 1389:25 1390:21 1393:25 1394:3 1402:6 1413:6 1444:15 1445:15 1457:7 difficult 1331:20 1343:15 1384:23 digest 1428:19 Dinsmore 1311:18 1314:15 direct 1309:8 1322:16,19 1323:2 1323:3,16,17 1337:7 1367:13 1396:16 1427:16 1433:14 1434:14 1434:20 1442:16 1449:14 directed 1326:21 1399:6 1414:15 1445:23 1457:18 directly 1331:5,14 1331:16 1344:20 directories 1373:10 1376:7 directory 1375:23 1383:13 1404:21 disadvantage 1319:13 disagree 1418:5 disagreement 1327:16,20,22 Trial - Public Record LabMD, Inc. 5/5/2015 [1475] disagreements 1327:18 disclose 1432:1 disclosed 1330:25 1410:1 1437:6,7 1439:6 1448:24 1450:24 1451:16 disclosing 1339:25 1403:10 1404:3,14 1406:5 disclosure 1396:7 1401:4,18 1437:6 1449:22 1450:18 1450:25 1451:3,5 1453:4 1457:17 disclosures 1437:23 1453:1 discovered 1432:12 1439:11 1450:18 discovery 1397:14 discrepancy 1418:15 discs 1354:3 discuss 1386:12 1424:1 1452:13 discussed 1387:2,6,8 1388:7,15,16 1394:19 1403:15 1411:21 1444:8 discussing 1461:4 discussion 1315:14 1333:13 1336:3 1352:14 1355:22 1386:24 1398:6 1408:14 1424:5 1458:18 1459:3,11 discussions 1387:19 1455:19 dismiss 1464:5 display 1328:2,3,4 1439:9 displayed 1374:8 1411:20,23 displaying 1354:23 dispute 1385:25 1386:4 disregard 1378:13 Division 1311:9 doable 1428:14 dock 1332:15 Docket 1310:4 1314:3 DOCKET/FILE 1468:3 doctored 1384:10 document 1316:1,24 1317:9,14 1328:9 1328:18,24 1329:13,16 1352:21 1354:24 1355:6 1358:19 1359:10 1367:22 1368:20 1369:1,3 1369:20 1374:15 1375:18 1378:5 1383:16 1389:8 1391:18,22,24 1392:16,19 1393:3 1393:4,6,25 1397:14 1398:10 1399:5,10,23 1400:1,25 1404:9 1405:10 1406:17 1409:24 1410:3 1411:18 1412:14 1412:16 1413:2,7 1413:23 1414:1,20 1415:8,9,19 1416:3,8,14,16,22 1416:24 1417:7,7 1417:21,24 1418:1 1418:7,8,14,18,20 1418:22,25 1419:1 1419:15,16,18,19 1419:21,24 1420:1 1420:4,6,20 1421:11,14,15,23 1422:6,11,14,19 1425:22,23 1444:7 1445:25 1446:21 1447:17 1451:9 1453:7,16,19 1457:3,5 1463:1 1464:11,25 documentation 1346:21 documents 1325:23 1325:25 1327:10 1328:7,12,17 1330:15 1392:21 1395:25 1399:8,19 1405:1,3,4,13,15 1405:25 1413:11 1432:22 1433:3,5 1433:8,9,10 1441:5,7 1454:1 1456:21,24 1460:2 1460:6 1461:19 1462:10,14 1465:5 doing 1340:5,25 1341:9 1345:12 1361:2 1363:22 1372:12 1393:8 1432:13 1461:7 dollar 1366:10 doubt 1329:19 1441:25 download 1340:11 1343:8,12,23 1344:5 1345:6,9 1345:17 1350:10 1379:7 1390:2 1405:11 1411:3 1439:4 downloaded 1339:22 1343:3 1344:8 1367:17 1368:7 1369:17 1371:15 1372:19 1372:21 1373:3 1374:22 1375:8,20 1377:11 1385:9 1389:6 1390:11 1395:4 1396:12 1402:4 1405:15,20 1405:22 1406:1,22 1410:23 1411:11 1433:5 1441:3,6 1442:2 1446:16 1447:7 downloading 1342:15,16 1343:16,20 1372:11 1381:4 1405:18 downloads 1385:1 drill 1346:15,17 drive 1376:9,9 1390:3 1422:25 driving 1387:16 dry 1394:24 DSL 1345:8 duly 1337:6 duplicative 1466:2 duties 1437:10 1445:13 elicit 1446:8 elicited 1328:14 eliminating 1466:2 ELIZABETH 1468:25 emanate 1381:13 emanated 1382:6 emanating 1345:23 employee 1337:18 1339:4 1382:19 1405:8 1413:1 1415:10,22 1457:6 employees 1335:21 1336:1,21 1338:9 1341:9 1407:15 employment E 1337:21,24 1338:2 E 1309:2 1314:1,1 1338:4,7 1339:10 1427:1,1 1468:1,1 1340:3 1372:1 1468:1,19,19,19 enforcement e-mail 1443:19 1363:12 1368:9 e-mailed 1384:8 1369:18 1384:18 Eagle 1372:8 1376:6 1445:2,6,15 1390:1 1454:14 1458:5 ear 1331:14 engage 1324:19 earlier 1359:23 ensure 1391:12 1366:17 1367:10 enter 1336:22 1377:10 1404:16 1359:5 1421:4 1448:5 entered 1379:13 1449:6 entire 1340:20 early 1361:15 1407:16,18,20 ease 1431:25 1409:24 1410:14 easier 1398:14,21 entities 1353:19 1462:6 1466:3 entitled 1401:23 easily 1436:8 entity 1351:19 easy 1368:12 entry 1387:5 1377:17 1458:4 Erica 1312:6 1315:1 Edith 1433:20,24 especially 1401:14 Edward 1337:4,11 1440:6 1445:2 effect 1364:25 1455:21 efficient 1450:11 ESQ 1311:4,5,6,16 effort 1364:5 1311:17 1312:4,5 1427:14 1312:6,15,16 eighty- 1362:7 1313:4 either 1364:10 essentially 1452:15 1375:7 1384:7 established 1347:14 1436:17 1443:21 1353:8,17 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 [1476] establishing 1423:8 et 1376:17 1463:4 1465:23 Ethics 1317:6 Europe 1373:23 evaluate 1429:17 1435:5 event 1328:16 everybody 1321:24 EVID 1309:13 evidence 1319:17,19 1319:23 1320:1,6 1326:22 1327:4 1368:24 1392:19 1405:24 1412:2 1419:8 1422:20 1423:22 1425:18 1426:3 1453:13,15 1453:19 1462:8 1465:3 evidentiary 1322:3 evidentiary-type 1325:16 exact 1318:19 1385:19 exactly 1373:13 1375:12 1422:17 1441:14 1464:2 exam 1324:19 1427:22 examination 1318:13 1322:19 1323:2,3 1327:10 1327:12 1337:5,7 1421:18,22 1425:12 1431:14 1434:21 examine 1420:25 1450:10 examined 1337:6 1419:13 example 1328:18 1343:25 1350:20 1368:9 1377:13 1447:3,10 1451:15 1454:9 1466:14,17 examples 1391:7 1435:7 1454:2 1457:12 1458:9 exceed 1322:23 exception 1412:19 1415:22 1417:10 1418:6 excited 1436:10 1442:17 excuse 1370:11 1392:12 1399:2 1446:23 excused 1459:5 1460:4 executed 1315:23 executive 1339:16 1341:7 1352:4 exhibit 1320:8,9 1380:1 1398:16 1400:5,12,15 1401:21 1412:11 1415:16,17 1419:7 1419:13 1423:21 1426:2 1449:15 1453:24 1460:8,9 1461:4 1465:22 1466:2,10,15,18 exhibits 1309:13 1326:2,3,4 1327:3 1327:4 1412:1 1460:2 1462:2,22 exist 1439:23 existed 1353:4 1458:11 existing 1452:4 exists 1419:2 expect 1465:23 experience 1401:13 1410:25 expert 1358:7 explain 1340:4 1348:13 1367:5,7 1394:20 1452:15 explained 1340:3 1381:11 exploit 1445:4 expose 1338:13 exposed 1338:24 1344:6 1362:19,22 exposing 1360:23 exposure 1447:16 expressed 1324:13 extended 1351:7 1360:20 extent 1330:20 1387:23 1413:14 1417:5 1422:13 1367:3 1383:20 1402:4 1403:7 1389:14 1443:15 1404:5,23 1405:23 1466:8 1405:23 1406:23 FARRELL 1468:25 1406:24 1407:4 February 1326:20 1410:8,10,22 1326:24 1338:3 1411:1,3,9,11 1395:3 1401:5 1415:2 1416:11,18 1441:22,23 1419:2 1423:9,9 1442:10 1451:3 1429:12 1430:15 Federal 1309:1 1439:4,5,6 1440:9 F 1310:1,14 1311:3 1440:24 1441:1,3 F 1310:19 1427:1 1311:7 1433:19 1441:4,6,20,21,24 1468:1,1,16,19,19 1434:10,12,17 1441:25 1442:2,10 1468:19 1468:10 1442:14 1443:12 f--- 1365:24 feel 1330:9 1351:2 1444:1 1445:8 face 1331:14 felt 1363:21 1446:16,17 1363:13 fictitious 1374:11 1447:11 1448:23 Facebook 1346:6,8 Fifth 1313:6 1449:23 1454:13 facilities 1434:18 figure 1401:22,23 1454:19,22 1435:10 1462:21 1455:21 1456:22 facility 1350:8 file 1316:17 1320:14 1460:23 1463:10 fact 1370:20 1327:23,25 filed 1315:3 1321:13 1373:20 1391:10 1328:18 1343:15 1325:6 1326:25 1410:9 1413:2 1343:16,17 1344:5 1397:7 1463:3 1415:17,23 1420:3 1344:6,9 1345:2,3 files 1328:1,2,3 1430:25 1433:8 1345:6,22 1355:10 1344:23,24 1345:1 1444:1 1452:25 1360:7,21 1366:25 1345:9,18,23 factor 1350:7 1367:3 1369:10,23 1346:5 1354:2 1384:20 1370:3,7,17 1367:14 1369:17 failure 1416:2 1371:22,22 1372:2 1369:17 1371:15 fair 1362:18 1372:4,13,15,20 1372:22 1373:11 1391:10 1373:1,3,8,13,16 1376:8,10 1381:12 fairly 1328:19 1373:22 1374:6,24 1382:8 1383:12 1465:17 1375:1,7,12,20 1384:9 1388:17 fake 1383:20 1376:13 1377:7,18 1394:4 1400:21,24 fall 1351:12 1452:11 1377:22 1378:8 1401:2 1404:21 false 1395:24 1416:5 1379:10,15 1405:24 1406:4,21 1419:1 1455:22 1380:11,22 1382:5 1406:22 1408:1 1465:3,4 1382:5 1383:21 1415:4 1416:15,17 familiar 1352:19,20 1384:9,22,25 1416:25 1417:8,9 1354:20 1369:19 1385:8,24 1387:4 1422:22 1432:11 1376:17 1377:15 1388:24 1389:3,6 1437:11 1440:17 1380:3 1381:1,17 1390:2,2,9,16 1440:20,22 1390:17 1400:23 1391:14,15,16 1441:16,16 1408:11 1413:8 1393:11 1394:6 1443:20,21 1419:16 1423:8 1395:4 1396:12 1444:11,16 1447:7 far 1323:14 1339:7 1400:22 1401:2 1448:13 1449:22 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 [1477] 1449:23 1451:3 1457:9 filing 1326:23 1460:20 1464:20 finally 1456:4 1457:11 financial 1366:8 find 1338:6,13,16 1341:17 1343:12 1345:21,22 1346:8 1360:4 1367:2 1370:1 1372:1,4 1372:15 1375:19 1390:10 1397:14 1397:15 1401:3 1404:19 1405:1 1406:9 1410:25 1411:9 1425:25 1432:5 1436:2 1437:23 1441:8 1448:25,25 1449:8 1458:4 finding 1338:18 1438:23 fine 1332:18 1395:15 1430:5,7 finish 1430:4 finished 1322:18 1399:16,18 1429:7 1430:22 firm 1314:14 1321:9 first 1315:12 1337:5 1341:15 1346:12 1370:15 1373:21 1374:17,17 1376:18 1378:6,20 1397:4 1402:7 1410:11 1412:23 1414:15 1415:1 1418:16 1433:9 1440:5 1446:1,14 1447:3 1455:1 fit 1363:16 flip 1329:8 flipping 1422:4 flowing 1450:5 fluid 1350:13 folder 1367:13 1373:6,9 follow 1365:7 1369:7 1377:21 1416:21 follow-up 1400:4 1456:18 1459:22 1459:24 following 1323:1 1333:13 1336:3 1355:22 1375:9 1387:18 1388:22 1408:14 1424:5 1434:8 1436:12 follows 1337:6 1400:21 force 1438:3,6 1452:8 foregoing 1467:3 forensic 1339:17,19 1339:20 1400:1 1401:10,11,16 1404:12 1435:13 forget 1451:17 form 1319:18 1380:13 1392:5 1394:17 1395:6,15 1395:20 1418:24 formal 1351:20 format 1468:23 former 1337:18 formerly 1322:2 forth 1365:14 1429:23 forward 1317:20 1430:12 found 1339:24 1359:19 1370:4,8 1370:18 1373:13 1378:8 1379:15 1380:14,23 1383:21 1395:24 1404:7,23 1407:4 1410:19 1432:23 1433:3 1436:9 1437:4,13 1438:8 1438:12 1439:3,22 1440:22 1441:1,4 1441:5,9,10,16,17 1441:21,24,25 1442:10,11 1443:13 1444:7 1445:21 1449:24 1450:20 1451:5 1454:17,20,22,23 1456:21 1457:15 1457:15,18 1458:10 foundation 1326:2,5 1370:15,21 1392:22 1399:15 1418:3 1419:23 1420:5,23,24 1422:5 1425:22 four 1369:19 1383:18,23,24 1387:14 1390:21 1406:13 1444:7 1446:5 fourth 1381:17 Fox 1338:9 1431:22 frame 1369:5 1385:1 free 1459:9 frequent 1347:11 1348:8 1349:3 1436:13 frequently 1444:22 Friday 1428:25 1429:15 1430:7,13 1430:17 front 1323:4,12 1354:16 1367:16 1369:20 1374:3 1375:11 1399:5 1401:6 1414:11 1419:3 1421:12 1440:8 1446:22 fruit 1328:18 FTC 1346:23 1348:6,11,24 1349:6,11,14 1350:15,24 1351:3 1351:8,17,20 1352:1,4,9,11,21 1353:10 1358:24 1363:2 1385:14 1386:5,8 1387:9 1388:23 1389:12 1407:2,14,23 1408:7 1434:8 1435:4,17,25 1436:2,8,13,15,18 1436:18,19 1452:12,20,24 1453:3,5 1455:25 1461:2,24 FTC's 1422:24 full 1337:10 1442:6 1468:8 function 1339:21 1438:18 functions 1438:1 further 1322:23 1326:15 1421:17 1421:22 1423:24 1435:6 1458:13 1465:19 1466:24 1466:25 fuse 1320:18 future 1363:21 G G 1314:1 gaining 1440:2 gate 1400:20 gather 1364:9 gathered 1351:22 general 1322:9 1329:19 1389:21 1389:22 generate 1344:5 1391:25 generated 1395:6 generating 1393:20 Georgia 1369:24 1442:1 1447:23 Germany 1338:22 getting 1316:13 1318:11 1330:9 1450:14 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 give 1315:9 1322:13 1328:20 1332:17 1395:23 1440:9 1445:16 1446:23 1452:1,2 1455:12 1455:22 1463:10 1464:19 given 1317:10 1322:6 1330:1,5 1330:11 1364:15 1397:18 1420:8,13 1448:1 1454:5 gives 1420:10 giving 1322:11 1344:19 1353:19 1438:16 1455:20 Gnutella 1340:12 1342:25 1371:15 go 1320:3 1323:14 1323:16 1328:23 1329:12,22 1336:15 1344:16 1346:6,8 1352:15 1368:18 1370:23 1373:8 1375:16 1376:12 1377:10 1383:7 1384:24 1385:3 1389:2 1392:3 1396:24 1398:8,19 1400:9 1403:8 1404:12 1408:13 1414:4,5 1417:2 1419:5 1421:5 1427:3 1431:11 1443:17 1448:11 1454:3 1458:23 1463:2 1464:13 goes 1317:13 1330:18 1382:2 going 1314:5 1317:2 1317:4,19,25 1321:23 1327:14 1331:5 1333:3 1340:21,23 1345:9 1359:4 1368:13 1374:5 1380:12 Trial - Public Record LabMD, Inc. 5/5/2015 [1478] 1396:16,20 1399:9 1416:1 1426:5 1427:4 1428:12,15 1428:23 1430:2 1431:3 1442:18,19 1442:20,21 1445:7 1446:8 1452:4 1453:5 1456:13 1458:20 1460:18 1461:15,16,20 1465:10,13 good 1314:8,13,24 1320:8 1321:11,12 1331:18 1350:20 1394:20 1431:16 1458:3 1462:11 1464:18 Google 1346:1,9 1374:4 gosh 1350:9 1386:22 government 1314:7 1317:5 1413:13 1427:25 1460:15 1465:1,6,10 grant 1322:1 granted 1322:9 1325:9 1327:2 1328:12 1329:6,10 1329:17 1397:10 1409:25 1411:19 granting 1316:4 greater 1428:9 1466:9 groomed 1451:9 grounds 1397:16 guard 1330:17 guess 1391:16 guideline 1361:6 guides 1463:4 guy 1367:2 1377:15 1384:17 guy's 1367:1 guys 1332:18 1390:22 H half 1376:8 hand 1359:10 1366:3 1398:14 handed 1358:17 1398:14,24 1400:11 1409:22 handle 1327:14,18 1462:22 1466:6 handled 1463:8 hang 1394:25 1395:13 hanging 1391:14 happened 1366:22 1395:3 happening 1347:9 1385:2 happens 1430:7 happy 1332:7 1421:6 hard 1331:4,15 1371:14 1422:25 Harris 1314:18 hay 1454:18 head 1440:21 health 1341:21 1372:6 healthcare 1344:2 1389:5 1442:6 hear 1315:9 1320:12 1331:1,14,20 1337:12,16 1340:23 1379:2 heard 1342:14 1365:1 1415:18 1419:23 1440:25 1443:3 1461:14 1465:2 hearing 1322:3 1323:17 1330:19 1331:4,15 1341:16 1341:18,20 1342:2 1342:4,7 1346:21 1346:25 1347:13 1347:24 1352:5,7 1352:9 1430:25 1432:17 1433:2 1434:3,6,8 1435:8 1461:14 1467:3 1330:14 1331:11 1468:5,9 1331:22 1332:21 hearings 1347:16 1333:6 1335:24 1348:15,21,25 1336:16,23 1351:14 1350:17 1353:11 hearsay 1388:12 1354:21 1355:13 1392:16 1417:10 1355:19,20 1425:24 1358:14 1370:22 held 1333:13 1336:3 1378:11,15 1355:22 1408:14 1379:16,20 1383:5 1424:5 1434:15 1386:2 1388:1,8 helicopter 1457:25 1388:13 1392:15 help 1324:6,7 1392:25 1396:18 1331:9 1346:9 1397:8,21,22 1353:21 1405:3 1398:18 1399:2 1432:19 1440:11 1400:8 1403:13 1452:7 1408:12 1411:15 helped 1451:2 1411:16,25 1412:5 helpful 1329:7 1412:7,10,13 1428:19 1413:24 1415:15 hey 1384:16 1417:4,12,14,18 1404:13 1443:20 1417:20 1418:14 high 1454:8 1419:10,12,25 hire 1363:13 1443:6 1420:3,7,17 hired 1339:17 1421:1,7,18,21 hiring 1432:9 1422:7 1423:2,17 1438:19 1423:23 1424:1,2 history 1449:9 1425:5,9,19 hit-and-miss 1349:4 1426:4 1427:6,10 hold 1376:15 1427:19 1428:3,9 1423:11 1428:17 1429:10 holding 1438:17 1429:16 1430:14 home 1387:21 1430:17,23 1431:4 homework 1343:19 1431:7,9,12 Honor 1314:8,13,21 1446:7 1450:8 1314:23,24 1315:5 1316:12 1317:22 1453:9,12,21 1318:2,10,20,23 1456:9,11 1458:16 1319:1,10 1320:21 1458:25 1459:16 1320:22,24 1321:1 1459:25 1460:17 1321:8,11,14,22 1460:22,25 1461:6 1322:17,24 1461:11,17 1462:5 1323:11,18,21 1462:15,20 1324:7,11,15,16 1463:13,17 1464:1 1325:2,4,14,21 1464:3,12,18 1326:12,17 1327:7 1465:16,20 1466:7 1327:11,15,20,24 1466:12,24,25 1328:13 1329:2 Honor's 1323:12 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 1429:22 1459:18 HONORABLE 1310:12 hopefully 1363:3 1429:15 1466:4 horizontal 1374:17 host 1345:22 1372:21 1404:17 1404:24 1405:1 1442:3 hour 1318:23 1319:3 1396:17 hours 1322:23 1323:14,15 1386:22 1430:2 House 1316:22 1317:6,11 1318:17 1413:12 1435:8 1465:1 housekeeping 1332:20 hundred 1451:17 hurdles 1349:10 hyphenation 1468:22 I ICE 1371:4 ID 1309:13 idea 1401:16 1428:1 1430:25 1439:5 1444:14 identical 1328:11 identification 1358:18 1391:21 1398:17,25 1412:15 1422:13 identified 1413:1 1433:11 identifier 1328:21 identify 1327:5 1328:5 1329:12 1335:22 1344:6 1346:5,10 1355:3 1355:6 1394:5 1405:3 1410:16 1413:15 1448:21 Trial - Public Record LabMD, Inc. 5/5/2015 [1479] identifying 1432:1 1436:3 1439:3 1443:15 identity 1311:9 1351:5 1368:8 1369:13,14 1376:25 1381:3 1403:5 1406:14 1432:18 1433:16 1445:5 II 1311:16 Illinois 1339:14 imagine 1442:23 immediately 1348:20 1395:13 1397:18 1442:3 immunity 1322:1,10 1330:5 impeachment 1324:4 implore 1331:7 important 1319:24 1376:21 1399:10 1413:10 impossible 1445:8 inaccurate 1415:19 1416:4,22 1418:12 inadvertently 1338:23 1358:7 incident 1355:11 1359:2 1391:23 1392:5 1393:9,20 1394:10,13,17,18 1395:2,5,6,7,16,19 1395:20 1401:12 1416:18 1449:19 include 1319:21,25 1370:1 1435:12 included 1394:7 1435:9 incorporate 1432:6 incorrect 1413:22 increase 1354:24 indexed 1374:9 1375:12 indicate 1395:6,16 1396:11 indicated 1325:22 1349:25 1364:5 1388:17 1393:2 1419:18 1433:13 1434:20 1436:13 1441:21 1450:3,19 1451:8 indicates 1379:18 1394:13 1413:17 1449:21 1450:18 indicating 1332:6 1332:12,16 1366:3 indication 1375:19 1411:10 indicia 1412:19 individual 1359:3 1361:17 1366:24 1368:10 1370:1 1377:14 1402:5 individually 1376:13 individuals 1349:6 1360:14 1434:10 1434:11 1436:14 individuals' 1362:13 indulge 1461:23 indulgence 1412:7 1456:12 inform 1336:21 information 1322:12 1329:25 1338:23 1339:24 1339:25 1340:11 1341:17,19,21 1342:1 1343:2,5 1344:1,2,19 1345:11,14 1346:4 1346:11 1349:7 1350:5,9,12,16,24 1351:3,17,22 1353:19 1354:1 1355:9 1358:24 1359:4,20 1360:5 1360:7,15 1361:9 1361:18 1363:16 1363:23 1364:6,8 1365:4 1366:19 1367:13 1372:10 1373:7,17 1374:18 1375:24 1376:1 1378:5,6 1379:8 1379:13,22,25 1380:3,5,9,20,25 1381:1,3,4,6,9,17 1381:20,23 1382:3 1384:4 1386:12 1389:16,17,18,23 1391:13 1393:5,21 1393:25 1394:10 1394:21,24,25 1395:9,24 1396:11 1400:16 1401:17 1403:4 1404:14 1406:4,15 1407:11 1410:2 1411:7,21 1413:3,8,8,18,19 1413:21 1416:4,22 1418:9 1419:17 1432:2,6,12 1436:3,9 1437:4,5 1437:14,16,24 1438:2,7,8,12,17 1438:18,23 1439:3 1439:11,16,17,20 1439:22 1441:11 1442:4,7,8 1443:15 1445:5,24 1450:4 1451:18 1452:16 1454:5 1455:22 1457:8,14 1457:17,18 1458:10 1461:18 1464:25 initial 1443:14 initially 1365:11,13 1434:20 initiated 1351:25 input 1373:9 1375:22 1376:14 1379:11 1390:3 1393:5 inputted 1441:11 inputting 1376:5 inquire 1397:23 insert 1390:5 inserted 1411:8 inside 1343:15,17 1374:9 Institute 1353:2,3,8 1353:17,22 insurance 1341:21 1344:2,4 1355:10 1369:10,23 1370:3 1370:7,17 1372:1 1372:6,13,15,19 1374:5 1375:20 1378:8 1380:11,22 1382:8 1388:23 1389:3 1390:9,16 1394:6 1396:12 1403:6 1404:23 1405:23,23 1406:23,24 1407:3 1410:8,10,11,14 1410:19,22 1411:1 1411:3,9,10 1422:22 1423:9 1445:8 1449:23 1457:7 insureds' 1451:18 intend 1320:2 1323:16 1325:12 1326:1,4 1327:25 1328:2,3,4 1446:8 1463:11 intends 1329:5 interest 1372:20 1404:20 interesting 1406:9 Interlab 1407:24 Internet 1346:1 1368:4 1373:16 1407:24 1432:13 1432:23 1436:9 1437:4,23 1438:13 1438:23 1441:18 1444:2,12,17 1454:1 interrupt 1355:14 introduce 1320:7 1328:1 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 introduction 1401:1 investigate 1435:7 investigation 1400:2 1401:10,11,16 1451:5 1465:9 investigations 1445:15 investigative 1352:18 1353:1,5 1353:9,22 1354:10 invite 1330:23 invoked 1333:3 involvement 1466:5 IP 1345:3,23 1360:8 1367:1,17 1368:10 1368:12 1369:4,10 1369:14,24,25 1370:4 1371:17 1372:17,22 1373:7 1373:22 1374:6,19 1374:25 1375:11 1375:13,14,19,21 1376:4,12,16,17 1376:22,24 1377:1 1377:7 1378:4,7 1378:21 1379:14 1380:15 1381:13 1381:25 1382:6,7 1382:9,10 1383:14 1383:18,21 1384:18 1385:2 1388:19,21 1389:7 1390:18,21 1394:5 1395:4 1396:3,3,5 1402:6,8,10,12,14 1402:18,21,22,24 1402:25 1403:2,6 1403:9,11,15,25 1404:3,11,22,24 1405:19 1406:11 1406:23 1407:3 1410:19,23 1411:2 1411:4,11 1415:4 1416:12 1435:22 1438:17 1439:8,19 1440:7 1442:5 1444:6,10,15,21 Trial - Public Record LabMD, Inc. 5/5/2015 [1480] 1445:1,16,18 1446:1,5,14,17 1447:11,12,21,25 1448:6,14,15,16 1448:19,24 1449:3 1449:6,8,9 1454:20 1457:19 1458:5 IPs 1369:12 1373:4 Iranian 1454:20,22 1457:19 1458:5 IRC 1359:1,19 1360:12,18 1364:12 1440:6,7 IRCs 1355:11 1358:23 1359:12 1437:1 1452:23 ISP 1360:17 1403:1 1448:23 1449:2,3 Issa 1347:21 issue 1325:10 1329:10 1343:25 1360:17 1386:1 1401:10 1435:22 1460:1 1462:9 issued 1323:5 1324:9 1352:22 1385:18 issues 1326:19 1330:13 1427:15 issuing 1353:4 iterations 1327:25 J Jackie 1446:23 Jacquelyn 1312:16 1321:10 Jarad 1311:5 1314:10 job 1340:18,24 1341:9,13 1342:15 1345:13,25 1361:2 1367:19 1394:20 1431:18 1437:23 join 1465:10 joined 1432:10 joining 1432:14,23 joint 1461:9 Jon 1314:11 Josett 1310:19 1468:16 judge 1310:13 1314:3,12,19 1315:2,7,12,16,19 1316:17 1317:1,13 1317:24 1318:6,16 1318:21,24 1319:4 1319:8,11 1320:25 1321:3,5,12,15,19 1321:23 1322:18 1323:4,13,19,25 1324:4,8,12,17 1325:5,15 1326:6 1326:8,10,13,18 1327:13,16,18 1328:7,11,16 1329:15 1330:4,7 1330:16 1331:9,17 1331:23 1332:2,5 1332:8,12,15 1333:2,7,11 1335:21 1336:2,15 1336:20,24 1337:12 1338:25 1340:13,17,23 1341:3,8,11 1342:9 1343:7,11 1343:22 1344:8,13 1344:21 1345:25 1346:12,15 1347:12,20,24 1348:1 1349:13,17 1349:22 1350:20 1351:24 1352:6,10 1352:13 1353:12 1353:14 1354:8,14 1354:23 1355:18 1355:21 1358:4,12 1358:15 1359:15 1359:18,22 1360:1 1360:9,24 1361:10 1361:13,22 1364:4 1366:4,13 1367:18 1367:22,25 1368:3 1368:14,18 1370:16,23 1371:2 1371:8,13,16,19 1371:21 1372:23 1373:12 1374:10 1376:15,20 1377:3 1377:6,9,21,25 1378:12 1379:17 1382:14,17,21,25 1383:4,7,15,18,24 1384:2,4,13 1385:3,25 1386:4 1386:9 1388:3,5 1388:11 1389:8,11 1389:20 1392:19 1396:15,20,24 1397:9,25 1398:5 1398:8,19 1399:13 1399:18 1400:9 1403:16 1407:6 1408:6,13 1409:20 1411:24 1412:3,8 1412:17,22 1413:21 1414:3,24 1415:13,18 1416:1 1416:7,13,20,24 1417:2,6,13,15 1418:5,20,25 1419:5,9,22 1420:12,22 1421:2 1421:20,25 1422:4 1422:8,19 1423:1 1423:6,11,18 1424:4 1425:3,10 1425:13,23 1426:5 1427:3,7,24 1428:6,11,22 1429:4,9,11,20 1430:3,20,24 1431:5,8,10 1448:4,9,15,19 1449:5 1451:8,21 1451:24 1452:6 1453:7,11,18 1456:10,14 1458:14,17,20,23 1459:1,5,8,13,20 1460:3,8,11,18,24 1461:9,13,20 1462:2,11,16,18 1462:21 1463:14 1463:18,21,23 1464:6,9,13,17 1465:12,18 1466:1 1466:8,13,20,23 1467:1 July 1337:23 1347:19 Junction 1367:1 1376:25 1377:11 1377:23 1445:9 JX 1309:22 1342:22,25 1343:15,16,17,19 1343:20 1344:17 1345:10,21 1346:7 1347:11 1348:13 1349:5,9 1350:7,8 1350:22 1351:22 1351:25 1352:12 1352:17 1353:3 1358:6,9 1362:16 1363:12,22 1364:14 1365:1,2 1366:9,11 1367:1 1367:15 1368:9,10 1368:11 1369:14 1373:22 1374:2 K 1377:2 1381:13 Kazaa 1342:24 1384:8,17,18 1367:11 1388:7,18,20 keep 1329:23 1390:5 1401:4,7 1348:1 1440:21 1402:14 1403:2 keeping 1447:9 1405:5 1407:2,7 Keith 1341:4 1412:20,22,23 1387:17 1418:8 1422:15 kept 1330:10 1413:3 1423:12 1429:6,15 1418:8 1420:2,20 1430:1,2,18 1438:22 1431:1 1439:4 keyboard 1343:10 1442:6,22,25 keywords 1364:12 1443:17,22 1445:1 Khetan 1312:5 1445:4 1446:22,25 1314:24,25 1315:5 1451:2,19 1454:9 1315:11 1458:3 1462:7 kind 1341:19 1435:2 1463:3 1456:23 knowing 1378:1 kinds 1456:21 knowingly 1353:18 knew 1369:8 knowledge 1355:16 1373:12 1377:17 1370:3,20 1380:23 1439:11 1454:15 1415:25 1417:23 1456:5 1418:4,7 1419:19 know 1319:13 1468:10 1323:13,18 known 1337:19 1326:14 1327:19 1368:7 1376:24 1327:21 1329:23 1381:2 1403:4 1330:2,10,14,18 1445:21 1331:6 1332:25 knows 1333:3 1337:13 1339:8 1373:24 1341:22,23 Kopchack 1436:18 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Trial - Public Record LabMD, Inc. 5/5/2015 [1481] L lab 1373:9 1375:22 1407:24 1411:6 labeled 1449:19 1453:19 LabMD 1309:3 1310:4 1314:4,16 1315:23 1355:9 1365:9,15 1369:6 1370:4,8,17 1372:1 1380:12,16 1380:18 1382:21 1382:23 1383:2,4 1383:9 1384:5,10 1384:13 1387:6,7 1388:24 1389:20 1390:19 1394:5 1396:8,13 1402:19 1404:13,24 1405:8 1405:24 1406:23 1410:19,23 1411:6 1411:10 1442:1,21 1442:22 1443:1,4 1443:6,12,20 1448:16,25 1449:8 1451:15,16,18 1452:8 1453:16 1455:21 1456:22 1456:25 1457:2,4 1457:6,10 1468:4 LabMD's 1365:18 1383:11 LabMD-owned 1402:16 lady 1352:8 laid 1422:5 1425:21 laptop 1403:1 1448:25 large 1351:5 larger 1354:25 1366:8 largest 1366:15 late 1432:16 1433:15 1434:22 laundry 1382:8 Laura 1311:4 1314:9 law 1310:13 1314:14,17 1321:9 1368:9 1369:18 1384:18 1445:2,6 1445:15 1454:14 1458:5 lawyers 1314:22 lay 1326:1 1370:14 1370:21 1392:22 1418:3 1420:5,25 layer 1420:10 laying 1326:5 1399:14 lead 1315:12 1350:18 1442:18 1442:20 leading 1350:21,22 1353:11 1378:11 1379:16,18 1427:13 leased 1376:22 1403:3 leave 1333:4 1428:21 led 1382:3 1435:10 left 1314:16,17,18 1331:14 1438:24 1459:21 legal 1349:10 1369:7 legislative 1316:23 legitimate 1390:5 lesser 1361:19 let's 1315:19 1326:18 1348:1,19 1358:9 1373:14 1374:15 1376:16 1414:3 1427:3 1430:6 1448:15 1458:23 letter 1318:17 1325:25 1399:9,11 1413:11 letters 1347:21,22 letting 1326:14 1329:23 level 1341:7 1454:8 Liben 1313:4 1335:24,24 1336:23 lie 1455:25 liked 1432:5 LimeWire 1342:23 1367:11 limitations 1324:9 1324:13 limited 1323:2 1339:21 limiting 1323:6 line 1320:1 1345:8 1363:13 1374:18 1376:16,18 1378:4 1378:6,18 1379:8 1379:23,25 1380:20,25 1381:17 1418:16 lips 1331:12 list 1320:6,8 1355:10 1358:23 1361:25 1362:2,6 1362:10,19,23 1363:1,6,17,19,20 1364:2 1365:25 1366:2,3 1369:4 1370:2,5 1374:6 1382:8,9 1385:20 1385:24 1386:25 1387:3,7 1406:12 1437:19 1446:4 1452:21,22 1453:3 1453:7,14,15,18 1466:15 listed 1320:7,10,11 1448:6 1453:24 listen 1416:20 lists 1447:2 1465:22 litigation 1422:23 little 1319:12 1396:19 live 1441:9,10 LiveNote 1427:20 LLP 1311:18 1312:17 1313:5 located 1371:17,22 1403:5 1404:7 location 1332:9 1403:11 1404:3 1443:15 locations 1441:18 1444:12 1447:22 1458:11 log 1437:24 1457:6 logging 1437:5 logo 1457:2 long 1321:6 1342:12 1368:11 1371:4 1386:21,22 1409:24 1430:5 1432:23 1445:10 look 1331:16 1339:21 1358:19 1361:3 1364:11 1365:6 1367:19,25 1369:16 1372:10 1373:15 1374:15 1376:11,12 1377:20 1384:12 1384:19 1387:3 1388:18 1389:3 1390:21 1392:4 1394:9 1398:23 1404:20 1410:3,13 1422:1,2 1443:17 1447:14 1454:4 1457:18 looked 1400:15 looking 1338:22 1344:1,2 1360:4 1372:5,6 1373:2 1390:9 1401:22 1406:18 1411:6,6 1442:13 1445:23 1446:3,4 1448:14 looks 1355:8 loose 1338:14 lot 1394:21 1417:16 1428:19 1444:5 1447:9 1453:2 1455:22 low 1366:11 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 Lucas 1313:4 1335:24 lunch 1426:6,8 1428:4,5 lvandruff@ftc.gov 1311:13 M M 1468:25 machine 1441:7 main 1376:11 1435:6 1448:12 maintain 1317:4 1417:7 1440:20 maintained 1414:21 1417:24 1418:21 1441:15 major 1338:22,25 majority 1433:8 making 1378:8 1401:7 1457:16 1461:25 manner 1440:3 March 1327:1,6 Marine 1454:13 1457:21 marked 1358:18 1368:24 1391:21 1398:16,24 1399:23 1400:11 1401:22 1409:23 1412:14 1415:8 1417:21 1419:13 1419:20 1420:6 1421:12 1422:12 Marshall 1312:6 1315:1,1 Mary 1312:15 1321:9 Massari 1312:4 1314:23,23 1318:23 master 1452:22 material 1326:22 1445:4 matter 1309:3 1310:3 1323:3 Trial - Public Record LabMD, Inc. 5/5/2015 [1482] 1324:14 1325:7 1331:22 1332:20 1350:3 1387:24 1426:1 matters 1331:3 mbuchanan@bry... 1312:21 mean 1316:10 1329:8 1332:8 1342:18 1345:8,17 1349:15 1362:21 1366:21 1371:3 1385:7 1386:16 1387:3,20 1400:19 1401:7 1404:3,4,6 1404:18,19 1417:4 1420:17 1432:8 1442:23 meaning 1339:23 1438:11 means 1341:17 1342:16 1363:11 1409:25 1420:14 1447:25 meant 1342:18 mechanism 1461:25 media 1454:18 meet 1385:14 1386:7 1429:22 1467:1 meeting 1352:7,11 1385:22 1386:11 1386:15,21 1387:9 1387:13,18,19 1388:22 1389:12 1407:13,16,17,19 1407:21,23 1434:15 1435:6 meetings 1339:15 1340:2 members 1433:14 1434:17 1435:4 1436:7,12,15 memory 1320:3 mention 1384:21 1407:23 1408:4 1420:8 mentioned 1338:8 1338:21 1351:8 1385:5 1407:13 1413:11 merits 1317:25 1318:11 met 1350:12,16,25 meta 1346:7 1440:8 1440:14 1457:3 Michael 1310:12 1315:24 microphone 1331:6 middle 1331:10 Mike 1314:16 million 1366:10,13 1366:14 millions 1383:13 mind 1441:25 minutes 1396:17 1442:12 mischaracterizes 1414:23 mistakes 1330:21 misunderstandings 1320:2 misunderstood 1360:24 model 1391:11 1439:15 modification 1375:6 1376:10 1379:7 modified 1374:22 1375:7 1384:25 1428:8 1447:11 mom-and-pop 1366:10 moment 1411:14 1439:10 1456:12 1460:13 monetize 1344:19 1360:15 1361:11 1364:5,8 1451:24 monetized 1361:14 monitoring 1360:16 1360:20 1361:17 1364:10 1366:9 1392:7 1394:22 1395:12 1451:11 1451:12 month 1366:12,13 months 1325:17 1347:3 1348:14,24 morning 1314:8,13 1314:24 1321:11 1321:12 1329:4 1336:1 1427:17 1429:23 1431:17 1433:13 1434:14 1434:23 1436:4,13 1437:1 1440:25 1441:21 1444:5,25 1449:16 1450:3,10 1450:19 1452:11 1456:20 Morpheus 1342:24 motion 1315:25 1316:3,4,6,8,11,18 1317:22 1319:18 1319:21,25 1320:4 1320:15 1321:17 1324:17,18 1325:1 1325:9,24 1326:23 1327:1 1336:17,18 1397:6,10,13 1415:13 1422:9 1425:17 1430:15 1460:20,23 1461:7 1461:9,11,20,23 1461:25 1463:3,5 1463:10,15,25 1464:5,20 1465:11 motions 1315:22 1397:1 move 1320:19 1378:16 1381:12 1423:3,4 moved 1423:5 muddy 1351:6 multiple 1342:20,21 1365:7 1385:10 1386:16 1389:6 1407:10 1454:7,7 music 1363:14 N N 1309:2 1312:16 1314:1 1427:1,1,1 1468:1,19 N.W 1310:15 1311:10,19 1312:8 name 1319:21 1335:24 1337:10 1344:3 1351:3 1352:4 1359:23 1360:22 1362:19 1362:23 1363:1,5 1363:19 1387:1 1396:8 1408:8 1453:15 Name/ID 1396:7 names 1315:9 1363:17 1364:1 1405:9 naming 1361:24 narrative 1339:23 1392:10 1393:8 1394:7 nature 1344:16 near 1392:10 necessarily 1329:4 1395:18 1404:6 1436:19 necessary 1323:23 1329:12 1363:11 1430:17 need 1315:8,12 1319:8 1320:14 1328:23 1330:8,11 1342:11,13 1346:16 1348:11 1355:2 1360:22 1363:13 1390:21 1390:22 1392:17 1396:16 1412:22 1417:13,22 1423:18 1428:12 1429:5 1443:23 1451:18 1454:18 1460:13 1461:16 1461:20 1462:23 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 1462:25 1463:2,3 1463:5 1464:4 1465:14 needed 1325:19 1366:22 1380:11 1388:17 1450:4 needs 1328:14 1333:4 1370:14 1374:8 1418:8 neither 1411:22 net 1346:13 network 1340:12,20 1342:25 1344:25 1371:15 1385:10 1389:2 1411:1 networks 1338:14 1338:16,19 1340:10 1341:24 1344:7 1345:13,20 1346:2,4 1349:8 1350:6 1364:9 1365:5 1371:6,6 1431:25 1432:18 1436:5 1439:2 1443:13 never 1377:18,22,22 1380:15,17 1384:6 1384:9,10 1415:16 1421:23 1444:1,1 1455:5 1458:11 new 1312:19,19 1380:11 news 1338:8,9 1346:8 1431:22,24 Nigeria 1373:23 nonopposition 1317:13 nonparties 1326:21 nonparty 1326:21 NONPUBLIC 1310:10 normal 1373:10 1416:8,14 1420:2 normally 1339:24 1346:3 1393:10 1415:24 noted 1325:5 Trial - Public Record LabMD, Inc. 5/5/2015 [1483] notes 1468:8 notice 1316:18 1360:17 1397:7 1464:19 1465:13 noticed 1455:3 notified 1453:3 notify 1363:2 1463:11 November 1322:10 1369:5 1389:13 1406:13 number 1315:22 1320:1 1325:16 1327:2 1364:11 1367:19 1374:18 1383:16 1400:3 1419:7 1422:6 1423:21 1426:2 1432:11 1453:8 1460:9 1468:3 Number545 1309:18 Number546 1309:19 Number549 1309:20 numbers 1341:22 1343:18 1374:17 1374:20,23 1375:9 1378:20,22,25 1379:3 1460:8 O O 1314:1 1427:1,1,1 1468:1,1,1,19,19 1468:19,19 oath 1465:4,5 object 1387:23 1392:16 1423:14 1425:13 objection 1317:25 1332:2,3 1350:17 1353:11 1358:5 1370:9 1378:11 1379:16 1412:3 1414:22 1419:9 1422:16 1423:16 1425:21 1427:13 1427:19 1429:1,2 1429:3 1460:14,24 1460:25 objections 1316:16 obstruction 1464:22 obtained 1464:25 obvious 1318:16 occasion 1456:4 occasions 1407:10 1448:2 1458:9 occur 1436:14 occurred 1347:17 1351:11 1394:18 1395:7 1434:21 1451:3 occurring 1347:8 October 1322:8 off-line 1454:15 off-the-shelf 1342:23 offer 1319:16,17 1359:8 1364:17 1414:5 1461:13 1462:2 offered 1319:23 1326:22 1327:4 1387:24 1389:7 1412:18 1414:3 1425:18,23 offering 1423:12,15 Office 1433:23 offices 1434:16 1443:4 Oh 1332:13 1379:4 1380:22 1455:8 1459:7 okay 1314:12 1315:11 1319:10 1326:10 1332:13 1336:20 1337:14 1337:16 1344:10 1358:11 1375:16 1380:2 1387:4 1392:15 1399:13 1406:20 1410:9 1412:12 1414:13 1414:18 1416:20 1425:10 1428:6 1429:8 1430:20 1446:11 1450:15 1456:14 1460:18 1462:16,18 1463:21 1464:13 1465:12 1466:19 1466:23 once 1344:8 1347:8 one-off 1360:19 1361:20 1364:13 one-page 1339:23 online 1434:2 1441:9,10 1449:12 open 1315:15 1330:22 1333:10 1335:20 1336:14 1343:20 1358:3 1409:18 1442:5 1458:19 1459:4,12 1463:1 1465:14 1466:16 opening 1442:12 operated 1396:10 1435:14 operating 1448:12 opinion 1421:3 opportunity 1338:7 1410:13 1431:19 1436:11 oppose 1428:13 opposed 1328:15 1355:17 1451:4 1454:23 opposition 1316:1 1320:17 orally 1465:14 order 1314:3 1316:4 1319:4,8 1321:25 1322:7,8,21,23 1323:5,12,20 1324:9,14 1325:10 1326:1,4,20,25 1327:1,6 1353:21 1362:24 1366:24 1374:8 1392:22 1427:8 1459:18 1464:20 ordered 1322:2 1397:17 ordering 1319:2 ordinary 1401:9 1413:4 1418:9 1420:21 organization 1440:10 original 1416:10 1447:16 originate 1369:24 originating 1396:10 1402:13 1404:4,9 1405:6 1440:17 1444:3 outside 1335:25 1411:7 outstanding 1462:9 overheard 1436:23 Overruled 1388:5 1414:24 oversight 1325:25 1413:12 1420:9,9 1435:8 1465:1 Owens 1314:11 owned 1396:10 owner 1314:16 1405:4 P P 1314:1 1468:1,19 p.m 1384:24 1426:8 1427:2 1447:3,4 1458:21 1467:4 packed 1442:6 page 1320:1 1328:3 1329:5,9,13 1354:16 1392:3 1398:23 1401:20 1403:8,19,20 1406:19 1410:11 1411:19 1423:4,6 1423:13,15,19 pages 1409:24 1463:18 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 paid 1450:23 panel 1433:15,20 paper 1410:5 parameters 1343:12 Pardon 1359:17 1367:6 1368:2 1375:25 1378:23 1379:24 1382:16 1391:2 1399:17 1448:8 part 1316:4 1319:24 1322:5 1397:10 1437:10 1448:22 1450:3 participate 1438:10 participated 1349:25 particular 1338:19 1380:8 1386:24 1418:7 1447:17 1450:17 particularly 1332:24 parties 1314:6 1316:21 1326:20 1331:13 1455:6 1465:23 partner 1314:17 party 1319:16 1320:5,7 1326:21 passwords 1405:9 pasted 1359:13 Patent 1433:23 patients 1404:15 Patrick 1312:4 1314:23 patrick.massari@... 1312:12 Pause 1332:19 1355:1 1398:7 1399:1 1412:6,9 1417:19 1421:19 1427:23 1456:16 pay 1443:16 payment 1457:8 PDF 1442:5 peer-to-peer Trial - Public Record LabMD, Inc. 5/5/2015 [1484] 1338:14,16,18 1340:10,20 1342:23 1345:13 1346:2,3,13 1364:9 1368:5 1371:6 1411:1 1431:25 1432:18 1436:4 1439:2 1443:13,22 1451:12 pending 1315:22,25 1316:16 1321:16 1324:17,18 1396:25 1397:12 Pennsylvania 1310:15 1311:10 1311:19 1312:8 1313:7 1349:22 1351:9 1434:16 people 1341:6 1350:8 1360:6 1362:20,22 1365:15 1385:10 1386:16 1387:18 1417:16 1451:19 1452:23 1453:2 people's 1360:21 1442:6 percent 1354:24 performed 1435:24 period 1348:12,14 1348:19 1360:20 1364:12 1376:23 permission 1321:18 permitted 1388:9 1459:18 person 1343:9 1346:10 1360:22 1381:2 1406:14 personal 1355:16 1370:20 1411:21 1417:23 1418:4,7 1419:19 1432:1,12 1436:3 1437:24 1439:3 personally 1438:11 1440:13,14 perspective 1428:18 pertaining 1315:22 PHI 1328:4 phone 1317:12 1359:7 1439:15 phrase 1404:16 phrases 1342:11 physically 1377:19 pick 1400:19 picked 1389:4 piece 1442:4 pieces 1445:24 PII 1328:4 1338:13 1338:16,18 1341:22 1360:22 1362:13,19 pitch 1443:16 Pittsburgh 1313:7 1339:15 1349:21 1434:16 1435:9 place 1348:25 1349:14,18 1380:5 1380:8 1381:6,20 1381:23 1386:1 1457:15 places 1365:7 placing 1381:9 plan 1429:4 1459:2 planning 1319:14 platform 1340:19 please 1317:18 1327:5 1331:8 1335:22 1350:19 1392:3,11 pleased 1412:12 plus 1369:18 point 1321:2 1344:18 1364:15 1384:14 1385:11 1398:17 1401:24 1402:2,7 1403:10 1403:10,23 1404:1 1406:18 1411:25 1434:22 1438:22 1446:20 1450:14 1462:12 1464:4 1465:21 points 1427:13 Poland 1373:23 popping 1417:16 port 1345:4 1439:20 portals 1457:7 portions 1327:9 position 1317:11 1319:15 1342:21 1425:20 1459:14 1460:15 positions 1342:20 possession 1432:11 possible 1318:14 1319:20 1330:20 1346:5 1351:4 possibly 1340:1 1343:2 posttrial 1466:3 potential 1439:15 PPI 1436:4 practical 1383:20 practice 1391:6 1395:23 1450:4 Prashant 1312:5 1314:25 precisely 1330:14 precision 1428:9 predicated 1355:14 predominantly 1340:11 prefer 1430:9 preliminaries 1429:23 prepare 1432:19 prepared 1316:14 1316:23 1318:3 1397:2 1416:8 preparing 1341:15 prepend 1373:7 prepended 1375:1 1446:17 present 1318:12 1347:4 1407:9,16 1407:20 1428:21 1435:3 1436:21,22 1465:24 presented 1384:5,6 1453:13 president 1315:23 president's 1457:24 press 1330:23 1458:3 pressure 1455:22 pretty 1379:18 1439:11 1463:15 previous 1387:12 1447:15 previously 1320:5,7 1320:9,10 1324:14 1325:5 1394:19 price 1366:10 prior 1338:20 1340:2 1343:15 1349:11,20 1353:4 1421:14 1428:4 1432:13 1448:2 Privacy 1311:9 1353:2,3,8,17,22 private 1330:10,11 privilege 1316:23 1317:7 1322:13 1397:16 privileged 1317:4 probably 1331:5 1340:23 1355:10 1355:15 1358:8 1391:8 1402:22 1434:24 1442:23 probe 1389:2 problem 1359:8 1361:21 1364:14 1365:2 1443:10 problems 1361:16 1361:16 procedural 1464:3 proceeding 1317:7 1318:15 1329:18 1330:19 1333:4 1447:19 1455:6 1459:17 1464:23 1465:25 proceedings 1332:19 1355:1 1369:8 1398:7 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 1399:1 1412:6,9 1417:19 1421:19 1427:23 1456:16 proceeds 1425:8 process 1344:13 1349:9 1351:7 1352:23 1431:2 1452:7 produce 1316:14,20 1316:24 1318:4 1397:17 produced 1317:9,17 1318:1,7 1319:2 1327:25 1328:10 1413:7,13 1422:22 1422:23 1452:13 1465:7 production 1316:1 productions 1464:25 profile 1346:8 program 1408:5 1439:7 project 1348:10 1454:12 proliferate 1365:5 1366:19 proliferated 1367:8 1367:20 1373:1 proliferation 1401:24 1402:2,7 prong 1418:6 proofread 1468:21 proper 1323:9 1326:1 1419:23 1422:5 1461:1 properly 1375:14 proposal 1443:9 proposed 1319:22 prosecuted 1384:18 prospect 1363:22 prospective 1440:7 1451:10 protect 1353:18 protected 1329:23 Protection 1311:8,9 provide 1318:9 Trial - Public Record LabMD, Inc. 5/5/2015 [1485] 1349:12 1354:5 1391:13 1395:17 1400:16 1401:17 1401:18 1432:22 1455:15 1465:17 provided 1324:21 1342:1 1346:21 1354:3 1358:24 1369:13 1384:10 1385:21 1386:12 1407:9 1413:5 1415:24 1420:14 1444:6 1450:22 1465:3,4 providing 1350:11 1351:3 1372:7 1394:22 1395:11 1415:3 1451:12 1452:20 provisional 1327:2 1462:25 public 1309:5 1310:10 1322:4 1329:24 1330:20 1333:14 1336:4 1355:23 1408:15 1410:1 1424:6 publicized 1454:8 1458:2 publicly 1361:9 pull 1345:13,16 1442:5 1448:12 pulled 1371:5 1406:3 1419:2 pulling 1345:10 punctuation 1468:22 purchase 1451:15 purchasing 1360:19 purportedly 1449:21 purpose 1323:10,11 1338:19 1353:8 1369:20 1378:7 1381:9 1385:22 1386:11 1390:6 1423:7 1434:25 1435:6 purposes 1358:18 1383:20 1391:21 1398:17,25 1422:13 pursuant 1321:25 1322:7,8,20 1325:8 1326:25 1385:21 1386:12 1392:21 pursue 1320:14 purview 1354:9 push 1430:12 put 1351:22 1360:5 1363:5 1367:2,14 1376:13 1377:18 1378:6 1383:12 1384:11 1385:23 1403:7 1405:16 1413:2,9,19 1425:16 1437:20 1461:2 1445:24 1446:9,10 1446:12 1456:8 1458:13 1459:22 1459:25 quickly 1318:13 1463:16 quite 1347:10 quoted 1338:10 1431:21,24 1319:16,17,19,19 1319:23 1320:14 1320:17 1332:24 1428:1,12,20 1429:13,22 1431:1 1431:2 1460:12,16 1460:20,21 1461:3 1461:24 1462:3,7 1462:22 1463:11 1463:12,24 R 1464:10 R 1314:1 1427:1 recall 1351:11 1468:1,1,1,1,19,19 1364:6 1386:15 1468:19,19 1393:20 1421:3 rainy 1395:1 receive 1349:5 raise 1462:11 1397:24 1429:18 Ramirez 1433:20,24 received 1362:16 range 1366:10 receiving 1353:9 reach 1451:16,18 recess 1322:19 1452:2,5 1396:23 1426:7,8 reached 1443:20 1458:21,22 reaching 1438:21 1460:19 reaction 1364:21,24 recognize 1358:20 Q 1365:18,21 1369:1 1391:22,23 question 1322:24 reactionary 1390:20 1393:3,4 1396:2,3 1328:14 1330:8 read 1318:17 1392:9 1402:10,18,21 1331:9 1337:13 1392:13,17 1434:3 1403:25 1410:5 1342:9 1347:13 reading 1395:8 1413:19 1350:21 1351:24 reads 1331:12 reconsider 1316:3 1353:13 1360:25 real 1318:18 1316:18 1397:6 1364:4 1365:23 1377:13 1384:12 reconvene 1396:22 1370:14,16 1450:24 1426:6 1458:21 1378:13 1383:9 really 1319:4 1460:12,12 1386:3 1392:23 1343:19 1354:18 record 1309:5 1399:12 1414:5,23 1367:4 1369:7 1310:10 1315:14 1414:25 1420:22 1384:8 1440:22 1319:7 1320:1 1421:5 1423:2 1446:20 1447:12 1328:1,22 1333:7 1425:5,6 1448:4 1457:15 1333:8,14 1336:4 1456:18 1459:21 reason 1366:23 1337:9 1340:13 questioned 1332:1 1416:13 1427:19 1345:3 1347:12,14 1399:4,10 1437:20 1445:6 1348:2 1352:13,14 questioning 1324:24 reasonable 1431:6 1355:23 1391:23 1330:17 1331:13 reasons 1420:8 1392:5,13,14,18 questions 1320:20 1465:8 1394:17 1395:6 1320:21 1323:23 reassess 1430:22 1398:5,6 1408:15 1325:19 1331:1,16 rebut 1320:2 1409:23 1411:18 1397:20 1423:24 rebuttal 1319:12,15 1413:17,20 1414:4 For The Record, Inc. 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(301) 870-8025 - www.ftrinc.net - (800) 921-5555 RIPOSO 1311:4 rise 1427:19 RMR 1468:16 road 1321:6 room 1318:22 1407:20 1436:23 1438:23 1442:24 Rubinstein 1311:17 1314:17 1316:12 1316:12,19 1317:8 1317:15 1318:2,8 1318:20 1397:8,22 1464:16,18 1465:16 rule 1322:5 1329:19 1333:2 1430:17 1463:6 rules 1325:8 ruling 1325:10 1328:20 1397:3,13 1417:3 rulings 1325:16,20 run 1394:24 RX 1309:17 1328:21 1328:22 1358:18 1391:21 1393:22 1394:9 1398:16,25 1399:23 1400:5,15 1403:8,19,20 1406:19 1409:23 1412:15 1414:10 1414:14 1415:8,14 1417:21 1419:7,20 1421:12 1422:7,13 1423:20,21 1425:17,25 1426:2 1449:15 1453:10 1453:20 1466:3,10 1466:14,17 RXs 1325:17 S S 1314:1 1427:1,1,1 sabotaging 1438:20 safe 1341:25 sales 1341:6 1437:21 1438:3,6 Trial - Public Record LabMD, Inc. 5/5/2015 [1487] 1438:24 1440:2 1443:16 salespeople 1359:6 1361:7 salesperson 1344:20 1360:3 San 1370:1 1402:21 1403:5 sauce 1372:9 saved 1374:25 saving 1376:7 saw 1338:9 1358:6 1372:20 1431:21 1432:8 saying 1350:15 1364:6 1412:17 1416:3 1417:6 1445:11 1453:5 says 1390:21 1395:20 1406:6 1415:2 scenario 1374:10 1377:10 1454:4 1457:14 1458:10 schedule 1429:5 scheduling 1427:24 1429:24 Schell 1312:16 1321:10,11 scope 1322:25 1323:1,16,18,22 1324:1,5 scour 1340:10 scratch 1376:9 1390:3 screen 1354:16 1368:20,23 1374:16 1376:11 1383:16 1389:8 1391:18,20 1392:10 1398:11 1398:15 1446:14 1448:12 scroll 1392:2 scrubbed 1363:20 search 1343:22,25 1345:13 1346:1,1 1346:2,13 1382:7 1382:9,10 1388:23 1389:1 1437:23 searched 1375:18 1439:2 1443:21 searches 1435:22,22 searching 1342:14 1342:17 1345:21 1432:13 1449:11 seat 1321:21 second 1374:20 1376:15 1378:22 1378:25 1379:3,4 1379:22,25 1403:10,22 1404:1 1423:11 1447:4 second-guess 1368:13 secret 1372:9 section 1322:11 1393:9 1394:10,10 1396:2 1403:22 1414:14 1416:18 1418:16 1449:19 security 1340:6,7,8 1341:22 1343:18 1438:15 see 1329:15 1345:23 1346:6 1362:21 1369:16 1372:10 1376:13 1377:11 1377:12 1382:1,3 1388:19 1389:3 1394:10,15 1401:25 1403:22 1404:21 1416:24 1436:10 1450:5 1461:11 1464:10 seeing 1417:15 seek 1428:21 seeking 1330:15 1423:3,4 1429:17 seeks 1320:5,7 1422:17 seen 1328:8 1373:3 1421:15,23 1444:4 sees 1367:3 sheet 1328:5 1410:5 self-incrimination 1410:9,18 1412:11 1322:14 1423:1 self-modified 1439:8 Sherman 1311:16 sell 1360:15 1363:4 1314:13,14,21 selling 1361:16 1315:18 1320:21 1364:10 1366:9 1320:24 1321:1 1377:16 1322:17,24 send 1399:24 1324:11,16 1325:2 sense 1401:8 1427:9 1325:12,14,21 1428:5 1326:7,9,12 sensitive 1411:21 1327:15,17,21 1461:18 1328:9,15 1329:3 sensitivity 1410:1 1329:5,8 1330:2,5 sent 1354:11 1331:2,22,24 sentence 1414:15,18 1332:20 1336:15 1415:1 1336:16,25 1337:1 Sentinel 1408:5,10 1337:8,15 1339:3 separate 1373:8 1341:12 1344:22 1377:2 1346:19 1347:15 September 1321:25 1347:23,25 1348:3 1322:7 1348:4 1349:24 sequestration 1350:23 1352:16 1332:23 1336:17 1353:13,15 series 1340:19 1354:15,21 1355:3 1445:24 1355:5,20 1358:13 server 1371:9 1358:16 1361:23 servers 1371:5 1366:1,16 1368:19 service 1392:8 1370:14,21 1449:2,4 1371:24 1374:14 services 1359:9 1378:3,16,17 1360:16 1363:4 1379:21 1383:5,8 1366:9 1372:7 1383:17 1385:4 1394:22 1395:12 1386:10 1387:25 1451:13,15 1388:4,6,14 session 1322:4 1389:10,15,22 set 1343:11 1351:19 1390:7 1392:14,20 1374:17,20,23 1393:1 1396:15,17 1378:20,22,25 1398:1,3,9,20 1379:3,4 1429:23 1399:21 1400:8,10 1447:25 1403:17,18 severe 1401:14 1407:12 1408:7,9 severity 1406:6 1408:12 1409:19 shape 1380:13 1409:21 1411:14 shared 1404:21 1411:17,25 Sheer 1311:6 1412:10,21,25 1314:10 1386:20 1414:14,22 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 1415:15,21 1419:10,14,25 1420:7,17 1422:12 1422:21 1423:7,23 1425:16 1426:4 1428:13 1429:2 1430:9 1445:23 1446:9,10 1453:12 1458:24,25 1459:2 1459:21,24 1460:6 1460:9,25 1461:17 1461:22 1462:4,10 1462:15,17 1463:17,20,22 1464:3,7,12,14 1466:6,24 shift 1402:23,24,25 shocking 1401:3 Shohl 1311:18 1314:15 short 1320:18 1348:12 1396:21 1458:20 1464:20 shorten 1427:14 shortly 1347:17 1375:17 1439:10 1460:19 shoulder 1442:13 show 1367:14,16 1373:14,17 1375:13 1377:13 1382:7,9 1384:17 1384:19 1416:11 1420:19 1448:13 show-and-tell 1435:2 showcase 1349:6 showed 1436:2 1442:14 1457:4 showing 1322:4 1399:7 1406:13,14 shown 1411:18 1421:23 1435:7 shows 1400:20,21 1400:22 1401:1,6 1406:4 shut 1440:10 Trial - Public Record LabMD, Inc. 5/5/2015 [1488] sic 1436:4 side 1332:14 1466:9 sight 1410:16 sign 1439:21 significant 1344:16 similar 1328:24 simple 1437:20 1447:8,9 single 1329:5,9 1411:19 1423:3,6 1423:15,19 1457:9 single-page 1422:14 sir 1326:7,9 1347:23 1347:25 1378:16 1463:22 sit 1331:25 1332:5,7 site 1374:4 1376:20 sitting 1343:9 size 1366:7 skip 1428:23 skipped 1375:2 slightly 1428:8 small 1331:3 1366:10 Smith 1313:5 Social 1341:22 1343:18 1438:15 soldiers' 1338:23 sole 1353:8 somebody 1366:23 1374:2 1384:16 1390:4 1418:10 1445:3 1452:2 somewhat 1317:3 1328:19 1393:25 soon 1318:21 1319:19 1346:25 1465:17 sorry 1355:13 1370:12 1378:24 1382:25 1386:2 1388:8 1403:13 1417:14 1421:25 1442:19 1446:4 sought 1317:21 1422:12 sound 1329:8 sounds 1317:1 1446:11 source 1328:10 1339:25 1346:5,10 1390:11 1394:6 1402:13 1404:4,6 1404:8,10 1405:6 1406:5 1440:10,17 1444:3,4 1447:16 1451:5 space 1443:22 speak 1330:3 1363:14 1377:18 speaking 1331:5 speaks 1392:17 specific 1386:17 1389:2 1394:21 specifically 1348:11 1348:18 1387:6,8 1414:2 1415:3 1435:19 1455:24 specifics 1400:20 speculate 1347:3 speculation 1355:17 1358:10 speed 1321:24 spelling 1468:22 spoke 1387:20 1427:11 sponsor 1417:20 1419:21 spread 1365:6 1366:25 1367:22 1373:22 1380:11 1381:12 1385:5 1388:18 1390:16 1391:14,17 1402:3 1407:9 1443:22 1444:1,11,16 1454:1 spreadsheet 1355:8 1359:6,12 1437:12 1437:20 1452:16 1452:20 spreadsheets 1437:15 spring 1434:24 springing 1328:17 sprung 1315:20 stack 1394:25 staff 1440:2 stand 1322:15 1332:11 1335:22 stand-alone 1367:11 1372:5 1390:4 1441:7 standard 1342:22 1418:23 1439:14 1463:2 standards 1429:23 1463:4 standing 1436:23 1442:13 start 1314:6 1315:16 1345:2 started 1361:17 1427:22 state 1329:13 1331:18 1337:9 1349:15,18 stated 1393:11 1415:4 1456:23 statements 1454:3 1457:13,16 states 1310:1 1316:8 1322:9,11 station 1449:1 status 1328:12 1397:4 1409:25 1411:19 step 1464:4 steps 1387:21,22 1388:1,6,15,16,22 stick 1358:9 store 1343:6 1360:4 1361:8 1365:6 1367:12,15 1369:16 1370:25 1371:2,7,13 1372:24 1373:2 1374:1,4,9,25 1375:13,17 1376:2 1377:13 1378:7 1379:11,13 1380:6 1380:9 1381:7,10 1381:21,24 1382:2 1382:11,12,15,18 1382:22 1383:2,4 1383:10,13 1384:11,14 1389:1 1389:16,24 1390:1 1390:8,13 1403:7 1405:16,19,25 1406:3 1411:7,8 1411:10 1441:8,12 1441:15 stored 1371:6 1373:10 story 1431:22,24 1454:19 1458:2 straight 1367:18 1440:21 STRICKEN/REJ... 1309:13 strike 1338:5 strip 1440:7,14 strong-arm 1451:19 subject 1323:2 1325:24 1327:5 1338:15 1350:3 submission 1461:4 submit 1368:23 1391:20 1457:8 1464:7 submitted 1393:13 1394:1 1406:6,12 1406:16 1408:1 1464:8 subpoena 1422:24 subpoenas 1465:6 subscribes 1392:7 subsection 1403:9 subsequent 1443:18 substance 1338:12 success 1440:2 sufficient 1420:5 1430:2 suggest 1331:7 1396:18 1465:3 suggested 1352:11 Suite 1311:20 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 1312:9 summary 1325:1 1393:9 1396:7 1406:2 1416:18 1449:19,21 Sunni 1314:18 supplement 1343:1 1343:4 1367:12 1372:8 support 1314:11 1341:7 1405:6 suppose 1320:12 supposed 1450:23 supposedly 1315:23 1406:7 1446:16 sure 1318:18 1332:13 1347:2 1352:10 1362:16 1365:25 1367:9 1372:21 1383:6 1384:8 1385:18 1389:18 1397:4 1398:4 1406:25 1407:10 1408:3 1425:4 1427:21 1429:16 1440:11 1441:14 1447:15 1448:5 1450:11 sustained 1350:21 1355:18 1358:5 1378:12 1379:19 sworn 1337:6 Sydnor 1433:22 symbol 1374:23 1375:3 system 1340:22 1343:2 1367:3 1376:6 1433:4 1435:14 1441:8 systems 1372:11 T T 1427:1 1468:1,1,1 1468:19,19 table 1331:25 1397:9 Tagliaferri 1341:4 Trial - Public Record LabMD, Inc. 5/5/2015 [1489] 1387:17 take 1314:5 1349:14 1349:17 1358:19 1359:20 1361:20 1364:14 1396:21 1426:5 1427:7 1429:11 1431:3 1442:18,20 1455:7 1458:20 1464:4 takedown 1360:16 taken 1426:9 1445:3 1451:4 1454:15 1464:24 1468:9 talk 1315:19 1319:12 1326:18 1342:14 1348:19 1350:4 1351:4 1352:22 1353:4 1372:23 1427:24 1444:5 talked 1350:5 1367:10 1431:25 1434:5 1435:21 talking 1318:19 1329:15,16,18 1347:17 1351:15 1354:11 1358:8 1372:25 1423:10 1444:25 1449:6 1453:18 1462:14 1463:18 talks 1353:20 target 1451:24 tax 1377:15 team 1339:16 technical 1314:11 technology 1349:7 1435:3 telephone 1436:24 tell 1342:16,18 1344:10 1354:18 1358:20 1363:5 1366:5 1373:2 1399:6,11 1409:23 1428:7 1432:4 1433:2 1435:16 1440:1 1442:11 1452:19,25 1459:13 1465:12 telling 1438:12 1456:3 ten 1362:22 term 1342:16 1345:16 1370:25 terms 1449:3,4 1460:6 testified 1332:25 1337:6 1342:4 1362:1 1366:17 1386:7,11 1412:15 1414:2 1420:19 1421:22 1422:15 1431:17 1433:1,15 1437:1 1449:16 1452:11 testify 1322:3 1358:5 1415:23 1417:22 1418:18 testifying 1342:1 1352:3,9 1432:17 1433:21 1454:25 testimony 1320:12 1322:1,3,5,12 1324:23 1345:12 1346:20 1348:23 1351:15 1355:14 1388:9 1390:10 1393:24 1406:21 1413:25 1414:19 1415:7 1417:25 1418:17 1427:16 1428:18 1429:18 1432:19 1433:10 1433:14,25 1434:14 1455:17 1455:20 1456:20 1464:24 1465:2,4 1465:5 Thank 1315:2 1318:24,25 1319:10 1320:22 1321:5,15,21,22 1324:2,11,15,16 1325:15 1326:13 1326:17 1333:12 1336:2,24 1341:11 1344:21 1353:14 1354:14 1355:19 1358:12 1361:22 1378:15 1379:20 1388:13 1392:25 1397:21,22 1403:17 1411:24 1414:13 1417:17 1421:7 1423:23 1426:4 1427:6 1429:10 1430:23 1431:7,12 1450:15 1453:11,21 1456:15 1459:6,10 1462:20 1464:1 thanks 1326:13 1431:10 1465:13 theft 1351:6 1432:18 1433:16 1445:5 thief 1368:8 1376:25 1381:3 1403:5 1406:15 thieves 1369:13 thieves' 1369:14 thing 1342:18 1360:7 1384:21 1400:19 1401:3 1402:3 1406:9 1440:5 1447:14 1451:14 1464:12 1464:14 things 1329:16 1330:24 1342:11 1342:13 1347:9 1380:12 1405:7,9 1430:9 1443:19 1450:6 think 1328:13 1329:2,10 1330:13 1333:9 1361:10 1362:1 1365:2,11 1365:11,12,13,15 1375:2 1384:7 1393:12,12 1396:16 1399:11 1399:14 1400:5 1413:10,16 1416:21,21 1419:10,23 1420:7 1422:25 1427:25 1428:3,22 1429:7 1430:24 1434:24 1443:16,18 1450:10 1456:12 1456:22 1459:2 1460:9 1462:9,11 1463:8 1464:4,15 1466:6,13,15 thinking 1332:10 1398:3 third 1374:23 1379:8,9 1380:20 1380:25 1402:7,9 1406:18 1422:11 1446:21 1447:2 1452:4 thought 1421:25 1434:21 thousand 1343:18 thousands 1366:11 1463:21 three 1373:22 1378:4 1383:21 1403:15 threshold 1350:12 1350:16,25 1351:18,21 1362:14,15,17 1363:16 Thursday 1428:24 1429:12 1430:21 ticket 1339:22 1392:6 1393:21 1395:13 1400:2,2 1400:4,6,13,20 1401:11,17 1406:2 1415:3 1416:11 1418:23 1449:15 1449:18 1450:17 1450:22,23 tickets 1394:24 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 time 1320:14,18 1330:12 1336:17 1337:12 1338:19 1338:20 1341:1,6 1342:12 1344:15 1348:12,16,17 1349:2 1351:4,7 1353:20 1360:20 1361:1 1363:15 1364:12 1369:5 1374:7,21 1375:4 1375:5,6,7,17 1376:23 1379:6 1384:22 1385:1 1389:5 1396:15 1401:12 1402:15 1403:3 1406:1 1415:10 1425:19 1428:20 1429:13 1429:13,15,17 1430:1 1431:3,5 1432:10 1433:1,18 1439:3 1441:4,24 1445:14,14 1446:15 1447:2,8 1447:18 1448:6 1450:24 1451:8 1455:1,10 1459:6 1459:16 1460:16 1461:3 time-consuming 1384:23 times 1347:11 1348:8,10 1365:2 1384:23 1389:6 1437:12 1447:6,10 1454:2,7 1457:12 title 1345:2,5 1360:7 1373:8 1374:24 1375:1,12 1379:10 1389:3,6 1390:3 1446:17 1468:4 titled 1343:16 1400:1 Tiversa 1313:3 1322:2 1335:21,25 1335:25 1336:21 Trial - Public Record LabMD, Inc. 5/5/2015 [1490] 1337:19,22,25 1338:4,7,9 1339:4 1339:11,19,20 1340:2,4,15,18,25 1341:8,14 1342:2 1342:5,15 1343:5 1346:22 1347:18 1348:6,24 1349:20 1351:5,8,20 1352:1,11,23 1353:5,18 1354:12 1361:16 1363:24 1364:8,17,18,21 1365:10,13,17,19 1366:18,23 1371:9 1371:11 1372:1 1374:25 1380:13 1380:17 1382:20 1382:22 1387:14 1387:15,19 1390:13 1391:24 1393:15 1395:23 1399:24 1405:16 1405:18,25 1407:2 1407:15 1413:1,3 1413:14,16 1414:21 1415:10 1415:22,24 1416:9 1416:14,16 1417:9 1417:22,25 1418:10,15,17,19 1418:21 1420:1,4 1431:19 1432:7,10 1432:14,24 1433:11 1434:18 1435:10,14,18,21 1436:13,15 1437:10,16,17 1438:19 1439:15 1441:1,11,15 1443:3,6,12 1444:11,16 1445:10,14 1450:18 1452:2,13 1453:25 1458:2,3 1464:21 1465:3 Tiversa's 1340:3,19 1343:2 1349:19 1351:3 1372:8 1375:16 1378:6 1379:13 1380:5,9 1381:6,10,20,24 1382:2,12 1389:16 1389:23 1391:11 1401:9 1416:25 1433:4 1434:16 1439:14 1440:11 1441:8 today 1314:10 1318:4 1345:9 1421:4,14,24 1428:24 1442:25 1444:8,14 1454:25 1463:9 1465:2 today's 1318:14 1428:18 1429:18 told 1331:4 1341:16 1369:25 1373:15 1374:11 1418:11 1418:13 1427:25 1433:18 1435:17 1442:17 1443:12 1448:5 Tom 1433:22 tomorrow 1428:24 1429:7 1430:22 tool 1343:4 top 1365:25 1457:2 topic 1433:16 total 1383:12 1400:21,24 1401:2 1406:4,21,25 toto 1328:2 tour 1435:9 town 1349:15 Township 1349:19 trace 1449:5 track 1447:10 Trade 1309:1 1310:1,14 1311:3 1311:7 1433:19 1434:10,12,17 1468:10 Trademark 1433:23 transcript 1429:19 1434:3 1468:7,8 1468:21 transferring 1367:4 transmitted 1418:10 travel 1339:14 traveled 1385:13 1387:15 1452:12 traveling 1402:25 treated 1327:2 treatment 1316:7,8 1316:11 1317:10 1317:23 1322:6 1326:23 1329:6,10 1329:17 1330:1,15 1397:19 1461:21 1463:5 TRIAL 1309:4 1310:9 tried 1394:19 trolling 1438:23 true 1377:7 1378:5 1379:12,18 1380:17,19 1395:9 1413:25 1414:20 1415:9 1417:7,23 1418:25 1433:6 1435:18,23 1439:24 1443:24 1454:6 1457:23 1458:12 truth 1387:24 1388:2,3,4,10,11 1425:18,24 1426:1 try 1330:19 1365:8 1396:25 1454:4 trying 1320:19 1329:11 1377:3 1462:21 turn 1401:20 1412:13 1438:2 twenty 1444:18,19 1444:20 two 1322:23 1323:14,14 1327:25 1329:16 1339:15 1341:5,8 1347:3 1348:14,24 1359:23 1389:25 1402:18 type 1330:5 1339:24 1343:25 1345:3 1349:7 1360:6 1374:5 1391:24 1399:23 1415:23 1418:14,21 1419:1 1420:1,4,20 typed 1384:7 types 1351:21 U U.S 1339:1 U.S.C 1464:22 Uh-huh 1338:17 1339:2 1377:5 1378:19 1385:6 1452:18 unambiguously 1418:1 unclear 1316:9 uncomfortable 1396:19 uncommon 1395:11 1395:13 understand 1327:7 1342:11,13 1348:3 1349:10 1376:22 1386:3 1425:5,20 1429:17,24 1430:10 1431:3 1449:5 understanding 1316:19 1317:8,11 1317:17 1325:2 1327:8 1339:18 1353:7,16 1399:8 understood 1377:6 1417:11 1452:6 1466:22 undertake 1424:2 Unfortunately 1331:17 United 1310:1 1322:9,11 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 unopposed 1316:9 1317:22 1324:18 1325:9 unreliability 1412:19 unring 1330:21 untrue 1374:12 unusual 1390:25 1391:3 update 1437:12 upgrade 1454:12 use 1327:9 1329:6 1341:17 1343:1 1344:3,4,4 1363:11,11 1366:25 1367:10 1390:19 1435:5 1438:7 1441:7 1444:22 1447:10 1452:21 1457:6 user 1405:8 1448:13 1449:4,4 usual 1443:16 Usually 1364:25 1373:19 1390:20 1439:19 utilizing 1402:14 V valid 1448:6 1449:9 1449:10 valuable 1391:13,17 1442:9 value 1432:8 VanDruff 1311:4 1314:8,9 1317:21 1318:10 1319:1,6 1319:10 1320:22 1323:11,17,21 1324:2,7,15 1325:3 1326:16 1327:7,19 1328:13 1329:2 1332:3 1333:6,8,12 1350:17 1353:11 1355:13,19 1370:9 1370:11,19 Trial - Public Record LabMD, Inc. 5/5/2015 [1491] 1378:11,15 1379:16,20 1386:2 1386:6 1387:23 1388:8,13 1392:12 1392:15,25 1397:21,23 1403:13 1411:16 1412:4,12,20 1413:24 1414:6,9 1415:6 1417:4,12 1417:14,17 1418:13 1419:12 1420:3,24 1421:6 1421:10,17,21 1422:2,7,11 1423:2,15 1424:1 1425:4,11,19 1427:18 1428:3,7 1428:17 1429:3,16 1429:21 1430:14 1430:23 1431:4,7 1431:9 1446:7 1450:8,15 1456:11 1456:15 1458:15 1459:13,16 1460:17,22 1461:6 1461:10 1462:5,19 1463:13 1464:1 1465:20 1466:11 1466:19,22,25 various 1325:17 venture 1347:2 verify 1407:3 verifying 1378:1 version 1453:14 view 1343:23 1345:7 1408:1 viewed 1404:7 viewing 1342:14,16 1344:23,24,25 1345:2 Virginia 1454:11 Vision 1372:8 1376:6 1390:1 visit 1349:5,13 1350:8 1386:5 1434:18 1435:1,9 1436:12 visiting 1351:8 visits 1349:14,17 VOIR 1309:8 VOLUME 1309:4 1310:9 voluntarily 1397:11 volunteer 1319:9 1440:14 1445:12 1454:25 1459:5,15 1459:25 1460:3 Wallace's 1323:2,24 1324:19,24 1325:6 1331:24 1413:25 1418:16 1422:24 want 1318:18 1319:6 1320:13 W 1330:20 1332:5,17 wait 1342:10 1365:3 1332:18 1340:13 1430:4 1461:23 1351:6 1354:8 waiting 1342:12 1362:7 1365:12,16 1421:20 1373:14 1378:14 walked 1419:17 1388:7 1394:23 Wallace 1309:9 1403:16 1414:4 1312:14 1320:13 1422:16 1423:17 1320:23 1321:3,4 1428:13 1431:1,2 1322:1,10,15,20 1446:20 1450:11 1322:22 1323:8 1451:22 1460:19 1324:20,23 1465:24 1325:13 1326:8 wanted 1339:10 1327:24 1328:5,15 1360:2 1423:12 1329:12,25 1330:3 1427:21 1432:6 1330:4 1331:1,4 1439:4 1441:17 1331:12 1332:1 1442:3 1448:5 1337:1,4,9,11,18 1455:6 1342:12 1344:23 wants 1332:18 1352:17 1354:17 1464:16 1355:6 1358:4,17 warning 1465:13 1361:24 1368:21 Washington 1370:11,13,19,24 1310:16 1311:11 1371:25 1379:12 1311:21 1312:10 1385:13 1391:18 1385:14 1407:14 1392:4,9 1393:2 1454:10 1396:19,25 wasn't 1349:8 1398:10,13,15,23 1373:1,9 1443:24 1399:22 1403:20 1450:20 1409:22 1411:18 watch 1434:1 1412:15 1413:1,15 water 1369:8 1414:10 1415:7,22 waters 1351:6 1416:3 1419:12 way 1319:11 1320:2 1421:11 1422:14 1353:18 1360:15 1422:23 1423:8,25 1374:1,24 1377:10 1425:7,21 1427:13 1377:25 1380:13 1429:7 1430:22 1380:22 1382:7 1431:16 1437:22 1387:21 1394:3 1400:16 1407:1 1408:1 1413:22 1429:12 1438:16 1445:10 1448:11 1451:19 1452:4 1457:10 1466:13 ways 1389:25 1391:12 we'll 1314:6 1318:9 1328:20 1330:11 1378:16 1425:14 1425:15 1430:4,20 1430:21 1463:3,5 1464:10 we're 1318:3 1320:19 1328:22 1329:11,15,16,17 1340:23 1354:11 1394:22 1396:20 1397:25 1407:6 1426:5,7 1427:4 1428:15,23,24,24 1429:17 1441:14 1456:13 1458:20 1460:18 1461:20 1462:14 1463:1 1466:17 1467:2 we've 1325:22 1328:8 1342:11 1358:4 1391:8 1423:9 Web 1457:7 weeds 1317:2 week 1319:14 1428:16 1430:4,15 1460:23 1461:1 1463:10,14 weekly 1347:11 1348:6 weeks 1430:4,8 weight 1466:9 Welcome 1321:5 went 1350:11 1376:24 1379:12 1419:1 1434:6 1440:12 1442:3 1443:19,19 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 western 1454:10 Whalen 1310:19 1468:16 whatsoever 1419:19 white 1457:2 Whoa 1321:19 wife 1338:21 wild 1381:5 willfully 1465:7 William 1311:16 1314:14 william.sherman... 1311:23 willing 1424:2 1455:23 1461:22 winding 1321:6 winter 1351:12 wishes 1319:16 1327:9 1428:21 withdraw 1316:18 1336:16 1392:23 1397:7 1466:20 withdrawing 1466:16,17 withdrawn 1397:6 withheld 1397:15 1465:7 witness 1309:8 1319:16,19,22 1320:5,6,10 1326:6 1329:22 1330:17,17 1331:10,13,21 1332:11 1333:4 1336:25 1337:5,14 1339:2 1340:16,19 1341:2,4,10 1342:20 1343:9,14 1343:24 1344:12 1344:14 1346:3,14 1346:17 1349:16 1349:19,23 1350:18,19 1352:2 1352:8,12 1354:13 1355:14,15 1358:7 1358:11,13 1359:17,20,25 Trial - Public Record LabMD, Inc. 5/5/2015 [1492] 1360:3,13 1361:6 1361:12,15 1365:24 1366:7,14 1367:21,24 1368:2 1368:6,17 1370:10 1371:1,4,10,14,18 1371:20,23 1373:6 1373:19 1374:13 1376:19,21 1377:5 1377:8,12,24 1378:2 1382:16,19 1382:23 1383:3,6 1383:23 1384:1,3 1384:6,15 1386:1 1386:7 1389:13,25 1392:13 1398:18 1399:4,17,20 1407:8 1408:8 1409:19 1415:1,19 1416:6,10,16,23 1417:1,11,20 1418:23 1419:4,15 1419:15,20 1421:5 1421:22 1446:13 1446:24,25 1448:8 1448:11,18,21 1449:11 1451:11 1451:22,25 1452:9 1459:7,10 witnesses 1318:12 1325:12 1326:11 1332:22,23 1336:17 wondering 1397:25 1428:11,14 word 1361:10 1385:5 1405:9 1457:3,5 words 1340:4 work 1342:19 1343:13 1344:13 1350:14 1436:11 1438:18 1466:1 worked 1344:14 1369:18 1387:13 working 1347:18 1348:10 1359:14 1427:20,21 1454:12 workstation 1370:10 1371:11 workstations 1371:12 worse 1368:15 1373:5 worth 1344:10 wouldn't 1343:19 1399:13 wow 1350:7 1384:19 1384:20 wrap 1396:25 1428:15 1462:24 write 1339:23 write-up 1400:22 writing 1319:18 1428:13 1464:6,9 1465:15,17 written 1325:10 1343:11 1407:1 1429:12 wrong 1317:18 1348:22 1418:8 1456:6 wrote 1393:8 X X 1309:2 Y yeah 1337:17 1387:20 1398:22 1400:7 1405:5 1439:7 1442:2 year 1351:11 1366:14 yearlong 1361:19 York 1312:19,19 Z zipping 1377:16 0 1 1 1376:16 1392:3 1.1 1403:9,22 1406:19 1:48 1426:8 10:11 1310:8 100 1354:24 1362:13,20 10104-3300 1312:19 11-5-2008 1384:24 11:26 1384:24 1447:3 110 1318:22 113 1451:17 12 1327:1,6 1401:6 1463:24 12:30 1396:22 1290 1312:18 1337 1309:9 14 1322:10 1414 1309:9 1419 1309:18 1421 1309:10 1423 1309:20 1426 1309:19 1431 1309:10 150 1345:10 1505 1464:22 15222 1313:7 17 1315:24 1718 1327:23,25 1328:1,18 1423:9 1440:24 1441:20 1456:22 1719 1409:24 173 1376:17 1384:17 1445:9 173.16 1447:11 173.16.83 1376:19 173.16.83.112 1375:19 18 1322:11 1395:7 1406:25 1449:24 1450:19 1462:10 1464:22 19 1326:20 1368:24 1378:18 1380:20 1380:25 1383:12 1383:17,18 1385:11 1389:9 1400:21,24 1401:2 1406:4,21 1415:4 1444:8 1445:23 1446:4 1447:17 19-file 1406:24 1919 1312:8 2 2 1378:18 1394:10 1403:8,19,20 1406:19 2-1-1 1401:22 2:45 1426:6 2:54 1427:2 20004 1311:21 20006 1312:10 2007 1337:23 1347:17,19,22 1348:15,20 1350:1 1351:13 1431:18 1432:16 1433:10 1433:15 1434:8,22 2008 1376:24 1393:18 1395:3,7 1401:5,7 1406:10 1406:17 1434:24 1436:12 1441:22 1442:10 1450:19 2009 1452:12 2013 1369:5 1389:14 1406:13 1406:16 2014 1315:24 1322:10,21 1338:3 1455:3,9 2015 1309:6 1310:7 1326:20,24 1327:1 1468:5,13 202 1311:12,22 1312:11 20580 1311:11 212 1312:20 225 1313:6 24 1326:24 1430:2 25 1401:5 1441:23 1466:14,17 For The Record, Inc. (301) 870-8025 - www.ftrinc.net - (800) 921-5555 25th 1395:3 288-4041 1313:8 29 1321:25 1322:7 3 3 1396:2 1401:20 3,000 1377:15 3.42(c) 1325:8 3.43(d) 1325:9 3.45 1322:5 3:49 1447:4 307 1453:16,17,20 326-2999 1311:12 372-9100 1311:22 4 4 1393:9 1414:14 1416:18 1418:16 1449:19 4-18-2008 1394:14 1394:18 1401:5 1406:6 4:00 1458:21 4:16 1467:4 412 1313:8 45 1396:17 499-4231 1312:11 5 5 1309:6 1310:7 1466:14,18 1468:5 5,000 1360:21 50 1345:9 1463:20 54 1328:21 1331:19 54-A 1328:22 541-1074 1312:20 545 1391:21 1393:22 1394:9 1400:5,12 1412:1 1412:15,24 1414:10,14 1415:8 1415:14 1417:21 1419:6,7 1449:15 546 1398:16,25 1399:23 1400:15 1401:21 1403:8,19 1403:20 1406:19 Trial - Public Record LabMD, Inc. 5/5/2015 [1493] 1412:1 1419:11,14 1419:20 1420:6 1421:12 1422:7,9 1425:17,25 1426:2 549 1409:23 1412:11 1422:13 1422:20 1423:1,16 1423:20,21 551 1358:18 1453:10 56 1463:20 6 6 1468:13 600 1310:15 1311:10 6002 1322:11 610 1311:20 64 1369:10 64.190.79.36 1402:22 64.190.82.42 1394:5 1404:14 650 1312:9 68.107.85.250 1379:14 1380:23 68.8.250.203 1403:4 1406:11 7 8 8 1322:21 8-5-08 1406:14 8,000 1442:6 801 1311:19 89 1362:7 9 9 1309:4 1310:9 1322:8 9357 1310:4 1314:3 1468:3 For The Record, Inc. 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