Free Declaration in Support - District Court of California - California

Case 3:08-cv-00824-JSW

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MARTIN D. SINGER, ESQ. (BAR NO. 78166) WILLIAM J. BRIGGS, II, ESQ. (BAR NO. 144717) EVAN N. SPIEGEL, ESQ. (BAR NO. 198071) LAVELY & SINGER PROFESSIONAL CORPORATION 2049 Century Park East, Suite 2400 Los Angeles, California 90067-2906 Telephone: (310) 556-3501 Facsimile: (310) 556-3615 E-mail: [email protected] E-mail: [email protected] Attorneys for Plaintiffs BANK JULIUS BAER & CO. LTD and JULIUS BAER BANK AND TRUST CO. LTD UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) ) ) ) Plaintiffs, ) ) v. ) WIKILEAKS, an entity of unknown ) form, WIKILEAKS.ORG, an entity ) of unknown form; DYNADOT, ) LLC, a California Limited Liability ) Corporation, and DOES 1 through ) 10, inclusive, ) ) Defendants. ) ) ) CASE NO. CV08-0824 JSW [Hon. Jeffrey S. White; CTRM 2] DECLARATION OF EVAN SPIEGEL IN SUPPORT OF PLAINTIFFS' NOTICE OF NON-OPPOSITION BY DEFENDANTS WIKILEAKS AND WIKILEAKS.ORG TO PLAINTIFFS' APPLICATION FOR PRELIMINARY INJUNCTION AND COURT'S OSC [Filed Concurrently With: Plaintiffs' Notice of Non-Opposition by Defendants Wikileaks and Wikileaks.org to Plaintiffs' Application for Preliminary Injunction]

BANK JULIUS BAER & CO. LTD, a Swiss entity; and JULIUS 13 BAER BANK AND TRUST CO. LTD, a Cayman Islands entity,
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DECL. OF EVAN SPIEGEL RE NTC OF NON-OPPOSITION

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DECLARATION OF EVAN SPIEGEL I, EVAN SPIEGEL, declare as follows: 1. I an attorney at law duly qualified to practice before the Courts of the State of California, and am an associate with the firm of Lavely & Singer Professional Corporation, attorneys for Plaintiffs Bank Julius Baer & Co. Ltd and Julius Baer Bank and Trust Co. Ltd. The facts stated herein are stated of my own personal knowledge and, if called and sworn as a witness, I could and would testify competently thereto. As to those matters stated on the basis of information and belief, I am so informed and believe those matters to be true. 2. This Declaration is made in support of Plaintiffs Bank Julius Baer & Co. Ltd's ("BJB") and Julius Baer Bank and Trust Co. Ltd's ("JBBT") (collectively, "Julius Baer" and/or "Plaintiffs") accompanying Notice of Non-Opposition by Defendants Wikileaks and Wikileaks.org to Plaintiffs' Application for OSC re Preliminary Injunction (the "Application") and the Court's Order to Show Cause, dated February14, 2008, as to why a Preliminary Injunction should not issue against Defendants (the "OSC"). 3. This matter relates primarily to the protection and enforcement of privacy and property rights. The spread of stolen private bank records, account numbers and information, tax documents and other protected consumer records, significantly harms privacy rights of every single individual in the United States and world-wide, and could have a harmful impact on confidence in the banking industry as a whole. The leak of confidential bank records, including altered and semi-forged documents, by the anonymous Wikileaks Defendants, unchecked, will likely have a devastating impact on financial institutions and the authorities ability to combat credit and identity fraud. 4. On February 14, 2008, the Court issued the Temporary Restraining
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Order ("TRO") and Order to Show Cause as to why a Preliminary Injunction should

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not issue against Defendants (the "OSC"), which is set for hearing on February 29, 2008, at 9:00 a.m. before this Court. On February 14, 2008, Plaintiffs served a copy of the TRO and OSC on the Wikileaks Defendants via e-mail, per the Court's prior order, at four separate e-mail addresses. The e-mail addresses included two of the wikileaks.org e-mail addresses (believed transmitted prior to removal of the removal of the related domain name DNS services), but regardless, also to the personal e-mail address for Julian Assange, a joint founder of Wikileaks and the person represented by Julie Turner to the Court to be the direct contact person for Wikileaks, and to the personal e-mail address for a listed officer of Wikileaks. A Proof of Service has been filed with the Court as Docket Numbers 50. 5. After service of the TRO and OSC, the Wikileaks Defendants confirmed and acknowledged in writing on their back-up mirrored Websites their receipt of and knowledge of the Court's Orders. Although their "counsel" Julie Turner represented to the Court that Wikileaks was without counsel and was seeking new counsel, Wikileaks has in fact stated on its Website that "Wikileaks has six pro-bono attorney's in S.F on roster to deal with a legal assault ..." Attached hereto as Exhibit "A" is a true and correct copy of a printout from one of the mirrored active Wikileaks Websites. Attached hereto as Exhibit "B" is a true and correct copy of a printout of a Wikileaks Spokesperson statement published on a website dedicated to discussion of the Wikileaks Website. Attached hereto as Exhibit "C" is a true and correct copy of printouts from one of the mirrored active Wikileaks Websites. 6. Despite notice of the TRO and their written acknowledgment of the Court's Orders, the Wikileaks Defendants' owners and operators have continued to openly display, post and disseminate the JB Property on their Wikileaks Websites. Under their veil of anonymity, the Wikileaks Defendants continue to operate and have stated their blatant and open contempt for the Court, the U.S. legal system and privacy rights of all persons everywhere. Despite the TRO, Wikileaks has stated
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that they will "keep on publishing, in-fact, given the level of suppression involved in this case, Wikileaks will step up publication of documents ...", that "Backups are on-line" and that "Wikileaks has many backup sites ... which remain active." See Exhibits "A" and "C". 7. The TRO and OSC set Wednesday, February 20, 2008 at 12:00 p.m. as the deadline for Defendants, and anyone else, to file and serve any opposition to the issuance of the Preliminary Injunction. As of Friday, February 22, 2008 at approximately 1:00 p.m., no opposition papers to the Application and the TRO and OSC have been filed or served by the Wikileaks Defendants, or any third-parties, to Plaintiffs. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 22nd day of February 2008, at Los Angeles, California. /s/ EVAN N. SPIEGEL

I hereby attest that I have on file all holographic signatures for any signatures indicated by a conformed signature (/s/) within this efiled document. /s/ WILLIAM J. BRIGGS, II

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