Chapter 206 – The Comparison of Josh Duggar and Max Zweizig Forensic Reports

A jury, on Thursday December 9, 2021, found reality TV star Josh Duggar guilty of receipt of child pornography and possession of child pornography, according to the judgement filed in the United States District Court Western District of Arkansas Fayetteville Division.

Let’s consider and compare what was found on Zweizig’s computer to what was found on Duggar’s and compare the 2005 data (Zweizig) to the 2019 data (Duggar). I still have the hard drive and have had a new forensic report prepared.

In 2018, Arbitrator Bill Crow confirmed to me that Kugler and Mosman asked him to ignore the forensic reports produced during the arbitration with Max Zweizig in order to punish me for making the Sandra Ware/Max Zweizig connection to FISA Judge Robert Kugler. Those reports were generated by forensic experts Steve Williams, Mark Cox and Justin McAnn (Zweizig’s forensic expert). All three testified during the arbitration and corroborated their respective reports.

Crow conceded to the demands made on him. Crow’s arbitration opinion awarding Zweizig $70k is devoid of any references to the forensic reports or other witness testimony that confirmed Zweizig (1) was fired for attempted extortion before his false complaint of overbilling; (2) destroyed programming leading to the shutdown of his employer (Computer Fraud and Abuse Act); (3) had in his possession 500,000 identity records stolen from his employer (Zweizig was the head of the IT department and had access to all the servers); (4) partitioned his employer issued computer and 120 gig hard drive where he maintained child porn, porn, music and videos; and (5) reformatted that 120 gig hard drive on his last day of employment, falsely claiming it failed.

In a federal trial in 2018, Judge Hernandez granted Zweizig’s Motion to exclude the forensic reports by the three experts on an argument that arbitrator Crow had already opined on the credibility of the forensic reports. In fact Crow did not. See his arbitration Opinion here Ex 505 Arbitrator Opinion. It is not feasible to conclude that Hernandez suppressed the forensic reports for any other reason other than to support Kugler, to punish me for revealing the connection. I filed a complaint against Kugler with the Judicial Counsel and refused to withdraw it.

The undeniable conclusion is that the USDCOR would rather aid a child predator, cybercriminal and identity thief in acquiring $1 Million to retaliate for a critiques of the court, an absolute first amendment right.

In the Dugger trial, James Fottrell, director of the Department of Justice’s High Technology Investigative Unit, spoke the longest and spoke last. Over several hours on a Thursday afternoon, with testimony continuing Friday, Fottrell detailed his personal forensic investigation of the three of Duggar’s devices that investigators seized: a personal MacBook, an iPhone and the HP desktop in his office.

What follows is a comparison of the Duggar evidence and the evidence against Zweizig:

1. The Hard drive was partitioned to store the child porn:

Duggar: “the hard drive had in fact been split in two that May, with the other side using Linux — what another expert on Thursday described in testimony as “a separate computer on a computer, if you will.” Josh Duggar Trial_ Computer Analyst Tells What He Saw on Computer _ PEOPLE.com.

Zweizig: Zweizig created a drive d, where he kept his child porn, porn, music and videos. Police Officer Williams Forensic Report 120ghd.

2. A peer to peer program was installed to share the child porn:

Duggar: “A peer-to-peer file-sharing program, uTorrent, was also installed as was a media
player. (It was a peer-to-peer program on the IP address at Duggar’s car lot that first caught the police’s attention in May 2019.)”

Zweizig: “this computer was at one point installed with an undetermined peer to peer file sharing program, and the shared folder contained files that the user made available to other p2p program users to copy.” See Steve Williams report. [Subsequently Mark Cox identified the peer to peer program and that it was registered to Zweizig]. “The result of this analysis reveals several dates associated with video file names in a format typically associated with file sharing websites such as PirateBay, BitTorrent and TorrentReactor. Exhibit 4 Forensic Report Cox on 120 gig 120-17

3. Child Porn was found:

Duggar: “For example, he said, his analysis showed the computer had thumbnail versions of
the photos while he was able to also recover some deleted files and, through further examination, found evidence of downloaded and/or streamed videos like “pedomom” and “Daisy’s Destruction” as well as viewed lewd images of an 8-to-12-year-old girl.”

Zweizig: “older sisters get lesbian with little sister.” [and many more]. Steve Williams Report.

4.  The Child Porn was maintained on a business computer:

Duggar: “Fottrell detailed his personal forensic investigation of the three of Duggar’s devices that investigators seized: a personal MacBook, an iPhone and the HP desktop in his office…but that HP machine was riddled with illicit material, Fottrell testified.”

Zweizig: “I was asked to perform analysis of the additional contents of the Maxtor 120gb hard drive” [Zweizig’s assigned business computer which was used by Zweizig from his home]. Steve Williams Report.

5.  No one but the accused used the subject computer hard drive:

Duggar: “He reiterated the password for the Linux side: intel1988, which prosecutors argue
was used by Duggar for some of his personal accounts (and also includes his year of birth). A former employee and distant Duggar relative suggested on the stand earlier Thursday they might also be aware of it — something prosecutors ridiculed as a convenient ploy.”

Zweizig: “Following the November 12, 2003 reformatting of the hard drive [by Zweizig], the hard drive was not used or accessed and no subsequent dates or recovered files are present…” Exhibit 5 Forensic Report Cox on 120 gig Doc 116-5.

6.  The Police acquired custody of the hard drive before destruction:

Duggar: “Jeffrey Pryor, another special agent, testified briefly about the steps in seizing material during the 2019 search and Jeff Wofford, an executive with Covenant Eyes, testified about Duggar’s use of the program (with his content filter set for the standard “mature teen”) and how the monitoring could be evaded with a Linux partition. The defense pointed out a user could also simply not download the program on their hard drive to evade it.”

Zweizig: Returned the reformatted 120 gig hard drive to his employer. It was not until almost two years after the return that the child porn was discovered. Unlike Duggar, Zweizig did reformat the hard drive maintaining it had failed. Mark Cox opined that the hard drive had not failed, that it was not reformatted when Zweizig maintained (May 2003), but rather was reformatted on his last day, November 12, 2003. Exhibit 5 Forensic Report Cox on 120 gig Doc 116-5. Because of a chain of custody issue with the 120 gig hard drive, the Police did not pursue prosecution.

Zweizig destroyed employer owned programming when reformatting the 120 gig hard drive. The programming was not found on any other server owned by his employer, servers that were controlled by Zweizig as Director of the IT department. Several experts testified that no foxpro programming could be found. After reformatting, the foxpro programming was no longer viable. Exhibit 6 Forensic Report Cox on Foxpro Files Destroyed 120-2.

Additional Evidence.

There is of course more evidence against Zweizig including his recent admissions.

In a December 2020 deposition, Zweizig bragged about his success that I and many others interpret to mean how he and his attorney (Joel Christiansen) were able to dupe the jury and the court. And he testified that his immediate past attorney no longer wanted to be associated with the raping of children [after reviewing the forensic reports produced to you today]. Exhibit 12 2020-1221-MAXZWEIZIG.

This is what happens when one gets away with child porn and computer fraud. Perpetrators brag. After Zweizig gave his deposition and I published it, he then attempted to suppress his own testimony PETITION FOR PRETRIAL ORDER. This time the court did not allow it.

The USDCOR allowed Zweizig to keep the forensic reports from the jury. The Court allowed a letter I sent to Kugler into the trial as one of Zweizig’s exhibits, arguing that I should be punished for critiquing the court. The court, by allowing the letter in, sent a message to me that critiques of the court will be punished by excluding evidence favoring my position about Zweizig and in other cases. Steve WIlliams forensic report was a part of the letter sent to Kugler. The attachment was excluded in the trial, from the jury.

Conclusion:

Just like Josh Duggar, Zweizig used an employer’s computer assigned to him (in Zweizig’s case from his home in Woodbury New Jersey) to download and disseminate child porn, porn, music and videos to and from others using a peer to peer program allowing those transfers. Both Zweizig and Duggar used business computers to conceal their child porn activities from family members and business associates.

Just like Josh Duggar, Zweizig should be in jail. Instead, here in Portland, he was assisted much to the shame of our judicial actors, one after the other providing favors that aided child predator Zweizig.

Until next time.

 

 

 

Chapter 198 – Why Wont The Oregonian Stand Up Against Judicial Abuse

I’ve asked the Oregonian to publish an article critical of Federal Judge Michael Mosman moving a case from Clackamas County to Federal Court. Mosman removed the case and summarily dismissed it in retaliation because I alleged that one of the court reporters published a knowingly inaccurate transcript. Digital recordings of a trial were destroyed while under subpoena. It was not a mistake. The trial courts recordings were destroyed and the court reporter’s recordings were destroyed.

The Oregonian Editor and Maxine Bernstein have been provided with the 9th Circuit decision that found Judge Mosman did not have jurisdiction to keep the state law Malpractice and RICO claims against the Oregon State Bar (and other defendants) and reversed and remanded the case to State Court.

Judge Mosman’s action was a gross abuse for purposes of retaliation and to cover up the destroyed recordings. The Oregonian has been provided with the evidence and has remained silent. opinion-19-35847.

The abuses of Judges like Mosman are most often carried out against the less educated and the less fortunate. The Oregonian will not stand up to challenge the court’s abuse.

Historically abuses of the Court fall along racial lines, are highly discriminatory. Even knowing this, the Oregonian has remained silent.

Mosman’s actions had a direct impact of and supported the proliferation of child pornography and child trafficking. The Oregonian has remained silent.

Mosman’s actions and his solicitation of the same abuses by State Judicial actors violates the due process clause of the United States and Oregon Constitutions. The Oregonian has remained silent.

The Civil Rights Abuses of these Judges need to exposed, if necessary through litigation against these judicial actors. Plaintiff’s Second Amended Complaint. The Oregonian has remained silent.

Oregonian, why have you remained silent?

Chapter 116 – Rote Prevails against Zweizig on Fraudulent Transfer Claims

For more than 4 years now, former IT Director Zweizig pursued his former employer “NDT” and owner Tim Rote on a judgment he procured based on false testimony and the destruction of evidence.

The arbitrator that awarded the judgment has subsequently admitted to referring the arbitration to his former partner Linda Marshall (Zweizig’s attorney). The arbitrator was challenged for not disclosing the relationship with Marshall and resigned from the arbitration. Shortly thereafter however the arbitrator rejoined the arbitration as Judge, over Rote’s objection.

Once the arbitrator rejoined he summarily dismissed all the evidence presented in the trial by employer NDT. That evidence was comprised of more than 2,000 documents, 8 witnesses, 2 computer forensic experts and dozens of forensic reports. Zweizig had only himself as a witness.

Employer NDT’s evidence showed that Zweizig plotted over a six month period to withhold and destroy programming. After being fired by NDT for attempting to extort a raise, Zweizig executed his plan which led to the shut down of his employer. The shut down led to more than 150 people being laid off for a week.

Zweizig never apologized for this assault.

The arbitrator has shown remorse however and has provided to Rote evidence of his inability to follow the evidence and ultimate decision to publish the opinion and award written for him by Linda Marshall. He has been forgiven.

U. S. District Court Magistrate Paul Papak refused to perform the necessary checks and balances left to the court and the judgment was confirmed. This refusal by Judge Papak was and remains an affront to justice.

In 2009 Silicon Valley Bank hired hackers to break into NDT’s computer network and shut down the software, after being ordered not do so by U.S. Federal Judge Anna Brown. Silicon Valley Bank refused to return and reinstall the software. NDT sued and U.S. Federal Judge Blackburn ordered Silicon Valley Bank and Touchstar to turn on and reinstall the software. They refused.

The actions of Silicon Valley Bank and Zweizig are cyber crimes defined under the Computer Fraud and Abuse Act.

Protracted litigation ultimately destroyed NDT and its affiliated companies.

Those parties that aided and abetted Silicon Valley Bank and Max Zweizig will be brought to account, if by no other means than public exposure.

Many Judges have over 20 years ruled in our favor and ruled against us. Judge Papak and the arbitrator are the only Judges we have ever had on a case that completely ignored the evidence. The arbitrator has apologized and we consider that done.

What will never be acceptable is for a Judge to ignore the facts of a case out of solidarity with another with whom we have taken issue.

Judge Jones and Brown have ruled against us and we have no disregard for them or their opinions. We are not always right. Neither are we always wrong.

This win is the first step to accountability.

The Opinion by Judge Hernandez is here Opinion and Order Case # 406

Press Release Requesting Oregon Live Correct Omissions and Bias

Press Release

Portland Oregon, January 23 2018

Civil Trial of Author Exposing Attorney and Arbitrator Corruption

Demand That Oregon Live Report Verdict without Omissions and Bias

Zweizig v Rote, 3:15-CV-2401-HZ

 

Oregon Live published an article on January 19th wherein it made numerous misstatements about the Verdict, the Record and History of the parties.

 The Authors blog is a critical analysis of an arbitration gone wrong, the risks and presents evidence of attorney designed perjury, destruction of evidence and fraud and the actions taken by counsel during the pendency of the current lawsuit.

 First, Oregon Live published that Rote published 100,000 words in derogatory articles about Zweizig. The record is clear that Rote did not write 100,000 words on plaintiff Zweizig. Out of the 96 Chapters written, only 10 Chapters examined the underlying evidence of documents, testimony and forensic reports in the arbitration. Oregon Live had access to the blog and court documents but chose a misleading statement in its opening paragraph knowing it to not be true.

Second, Oregon Live published that Zweizig filed a lawsuit against Rote in 2004 alleging he was fired after making whistle blower reports about over-billing. Oregon Live failed to publish that Zweizig’s 2004 lawsuit was dismissed with prejudice. The Oregon Live failed to mention that Zweizig’s employer filed a lawsuit against Zweizig in 2005 for damages arising from Zweizig’s decision to withhold software programming leading to a shutdown. Zweizig counterclaimed in that arbitration action.

Third, Oregon Live did not publish that defendant Rote redacted Zweizig’s identity during the two year pendency of the litigation as an act of good faith since Zweizig was just an actor in a larger story.  Although requests were made to Zweizig’s legal team requesting specificity, none was offered.

Finally, Oregon Live published that the derogatory blog posts were about Zweizig illegally downloading porn and involvement in other trademark and copyright violations, citing Christiansen. Rote did allege misconduct, based on the reports of three forensic experts, each concluding that Zweizig reformatted a hard drive which contained software programs Zweizig testified did not exist, unencrypted customer records containing privacy information Zweizig was not supposed to remove from his employer, and music, videos and porn that appeared to be downloaded using a peer to peer program used to share files between parties. Oregon Live’s report on this issue was incomplete and biased.

Rote has repeatedly taken a stance that while “The Truth Hurts, it Does No Harm.” During the trial Zweizig took issues with the truth of a few of the publications, but nonetheless claimed emotional distress damages for Chapters published by Rote which he acknowledged were true. Oregon Live did not have access to trial transcripts and did not have a reporter attend the trial.

The court did not permit the admission of any of the supporting forensic reports. Oregon Live did not publish that in spite of having the ability to determine this.

 

Author Timothy Rote has written a blog, a novel based on his experiences with the arbitration and subsequent litigation and a documentary screen play intended to expose the rampant decline in the integrity of the litigation process by and large perpetrated by members of the Bar and Professional Liability Fund.

 Alexander Hamilton penned “I think the First Duty of Society is Justice.” That very quote is on the marble wall on the first floor of the Mark O. Hatfield Courthouse. Let it be so.

For further information:

The Blog: Cybercrime and The Fraud Triangle https://thefirstdutyportland.wordpress.com

The Case: 3:15-CV-2401-HZ

The Trial: Over For Now

Contact:

Local contact: Timothy Rote

Contact Information:

Tel.: 503-702-7225, tim@rote-enterprises.com