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Case 1:15-cv-05916-RMB-JCF Document 28-23 Filed 08/04/15 Page 1 of 2

SUPPLEMENTAL DECLARATION OF BRAD MARYMAN


The following is Supplemental to my Declaration in this matter dated June 14, 2015.
I, Brad Maryman, declare and state as follows:
1.

In May 2015, my company, Maryman & Associates, Inc. was retained to perform a forensic examination

and analysis of two mobile phone devices used by Mr. Thomas Brady, Jr. One a Samsung Galaxy Note 3 (AT&T
service) and the other a Samsung Galaxy Note 4 (Verizon service).
2.

On June 3, 2015, under my supervision and direction, one of my associate Forensic Examiners conducted

forensic imaging of the two mobile phone devices. The two devices were assigned M&A evidence IDs 01BVN01 Samsung Galaxy Note 3 and 01BVN02 Samsung Galaxy Note 4.
3.

Both of the mobile phone devices were forensically imaged with Cellebrites UFED 4PC Ultimate Version

4.2.1. Based upon its make, model and Operating System (OS) the Samsung Galaxy Note 4 was imaged via a
Logical File System acquisition. Based upon its make, model and Operating System (OS) the Samsung Galaxy Note
3 was imaged via a full Physical acquisition.
4.

An initial examination of the Samsung Galaxy Note 4 indicated that its dates of active use were from

March 6, 2015 through April 8, 2015. As such it was deemed to be outside the scope of the investigation and no
further analysis was conducted.
5.

An initial examination of the Samsung Galaxy Note 3 indicated that its dates of active use were from

March 23, 2014 or May 23, 2014 through November 5, 2014. The March 23, 2014 date is based upon notes/location
information from the installed application Evernote. It is likely that this could have been synchronized onto the
phone at a later date and that the records were created on a different device. May 23, 2014 shows multiple
applications being installed and is the first time web cookies are noted to exist. It is believed to be the more accurate
initial active usage date.
6.

A further examination of the Samsung Galaxy Note 3 was conducted and a total of 451 SMS messages

were found for the period October 5, 2015 to November 4, 2014. SMS messages are the transmission of Short
Message Service items between mobile devices.

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Case 1:15-cv-05916-RMB-JCF Document 28-23 Filed 08/04/15 Page 2 of 2

7.

A total of 106 MMS messages were found for the period October 5, 2015 to November 4, 2014.

Multimedia Messaging Service (MMS) is a standard protocol to send messages that include multimedia content to
and from mobile devices.
8.

The following personal names and telephone numbers were provided for search purposes:
John Jastremski - 508-958-****
Dave Schoenfeld - 978-973-****
Jim McNally - 603-321 (we weren't provided the last 4 digits of Mr. McNallys telephone number).

9.

The following search terms were used to locate and identify relevant items to the provided personal names

and telephone numbers: jastremski; schoenfeld; mcnally and all known format permutations of telephone numbers
508-958-****, 978-973-**** and 603-321.
10.

Number of search hit results for any of the above noted search terms in SMS messages - None.

11.

Number of search hit results for any of the above noted search terms in MMS messages - None.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on June 19, 2015 at Simi Valley, California.

Bradley N. Maryman

CONFIDENTIAL

NFLPA_BRADY001632

Case 1:15-cv-05916-RMB-JCF Document 28-21 Filed 08/04/15 Page 1 of 9

DECLARATION OF BRAD MARYMAN


I, Brad Maryman, declare and state as follows:
1.

I am the owner and President of Maryman & Associates Inc., a professional services firm specializing in

computer forensics, cyber investigations, incident response and security consulting. I have over 43 years of
experience in conducting investigations, collecting evidence and analyzing evidentiary items. The firms associates
have wide-ranging investigative, security and forensic experiences with backgrounds in military, law enforcement,
intelligence and academia. They are located in cities across the country and have traveled internationally in support
of highly sophisticated and complex forensic and cyber matters for our clients and their legal representation.
2.

Prior to founding Maryman & Associates Inc., I served as a Supervisory Special Agent with the Federal

Bureau of Investigation (FBI) for over 29 years. During that time, I conducted and supervised investigations, served
as an Information Systems Administrator, Chief Information Security Officer (CISO) and Security Programs
Manager. I was a founding member of the FBIs Computer Analysis Response Team (CART Team) where I
received extensive training from the FBI and scientific industry experts in the acquisition, examination and analysis
of computer evidence, also known as computer forensics. I received certification by the FBI Laboratory as a
Forensic Examiner of Computer Evidence. I have performed thousands of hours of computer forensic
investigation to include forensic data acquisition and analysis of an extensive variety of digital evidence items
including electronic business records and computer files. I am an FBI certified instructor and have provided
computer forensic training to numerous federal, state and local law enforcement entities. I have contracted with a
major computer forensics device manufacturer to provide training in computer forensics and data acquisition. I have
provided that training to various groups across the nation as well as internationally.
3.

During my tenure as a Special Agent for the FBI, as a private forensic examiner and as an expert witness, I

have provided declarations and affidavits as well as depositions and testimonies in criminal and civil court cases
many times and I have also served as a court appointed neutral forensic examiner. I have previously qualified as an
expert witness in local, state and federal courts. I served as Chairman and Member-at-Large of the advisory board to
the Director of the FBI on computer and information systems. I currently serve on the University of Southern

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Case 1:15-cv-05916-RMB-JCF Document 28-21 Filed 08/04/15 Page 2 of 9

California (USC) Information Technology Program Advisory Board and am a frequent guest lecturer at USC on
digital forensics. I am also a member of the Information Systems Security Association and serve on the Los Angeles
Chapter Community Outreach Advisory Board.
4.

I am licensed as a Private Investigator by the California Bureau of Security and Investigative Services and

hold license number 26012.


5.

Please see my Curriculum Vitae (CV) attached as Exhibit A for additional information regarding my

experience and qualifications.


6.

In May 2015, my company, Maryman & Associates, Inc. was retained to perform a forensic examination

and analysis of the e-Mail account of Mr. Thomas Brady, Jr.: ***********@**********.com
7.

On June 3, 2015, under my supervision and direction, one of my associate Forensic Examiners accessed the

above noted e-Mail account. Its data was subsequently acquired via an IMAP connection to a server hosted by
Apple, Inc. utilizing Aid4Mail eDiscovery v 3.61. All e-mail messages and their attachments with a store date (sent
or received date) between September 1, 2014 and March 1, 2015 were preserved to a PST file and stored on a best
evidence drive. The PST contains 5,317 messages. In computing, a Personal Storage Table (.PST) is an open
proprietary file format used to store copies of messages, calendar events, and other items.
8.

The PST file from the best evidence drive was copied to a working copy drive. The two files were

compared by a HASH algorithm and noted as identical. The PST file stored on the working copy drive was
subsequently indexed by Intella v 1.84 and searched for the requested terms identified in the February 28, 2015 eMail from Douglas Burns to Stephen Dubin regarding the investigation into ball-related issues at the AFC
Championship Game. When the requested search terms were in a search term format incompatible with this search
tool, the best possible interpretation was used and exceptions noted where appropriate.
9.

The collection, processing and examination of all evidence noted above were all performed in accordance

with digital forensics best practices. I have provided all of the recovered emails within the search parametersplus
corresponding metadatato counsel for Mr. Brady in this matter. These findings, based upon the Forensic
Examiners visual review of all search results, are presented below in Results.

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10.

Results:

a.

Requested Search Term: k-ball


Term as Searched: k-ball
Result: No Results

b.

Requested Search Term: kball


Term as Searched: kball
Result: No Results

c.

Requested Search Term: gage


Term as Searched: gage
Result: No Results

d.

Requested Search Term: air-pump


Term as Searched: air-pump
Result: No Results

e.

Requested Search Term: airpump


Term as Searched: airpump
Result: No Results

f.

Requested Search Term: needle


Term as Searched: needle
Result: 55 files containing one or more instances of the given search term were discovered. These were

contained in 11 e-mail messages, 42 Excel files, one plain text document, and one XHTML document. The 11 e-mail

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messages and 44 attachments were all communications between Tom Brady and Josh McDaniels
(**********@*******.com). These files all appear to be related to the Patriots organization and their game day call
sheets/play sheets.

g.

Requested Search Term: pin


Term as Searched: pin
Result: 28 files containing one or more instances of the given search term were discovered. These were

contained in 11 e-mail messages, 12 Excel files, two plain text documents, one vCard file, and two XHTML documents.
The 11 e-mail messages include play calling, family discussions, discussions with friends, e-mail messages relating
to PIN as a Personal Identification Number, and PIN as a Property Identification Number. The 12 Excel files are all
Patriots call sheets/play sheets. The two plain text documents and the two XHTML documents are both attachments
of e-mail messages described above. The vCard contains PIN as a personal identification number.

h.

Requested Search Term: PSI


Term as Searched: PSI
Result: 24 files containing one or more instances of the given search term were discovered. These were

contained in 18 e-mail messages, three plain text documents, and three XHTML documents.

i.

Requested Search Term: pounds per square inch


Term as Searched: pounds per square inch
Result: No Results

j.

Requested Search Term: 12.5


Term as Searched: 12.5

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Result: 12 files containing one or more instances of the given search term were discovered. These were
contained in seven e-mail messages, three PDF files, one plain text document, and one XHTML document. The files
include discussions of Tom Bradys shoe size, a description of working hours in a day, and distance in miles.

k.

Requested Search Term: bladder


Term as Searched: bladder
Result: Two files containing one or more instances of the given search term were discovered. These were

contained in one plain text document and one XHTML document. Both files refer to the bladder as a component of
the human body.

l.

Requested Search Term: McNally


Term as Searched: McNally
Result: No Results

m.

Requested Search Term: Bird


Term as Searched: Bird
Result: 11 files containing one or more instances of the given search term were discovered. These were

contained in seven e-mail messages, two plain text documents, and two XHTML documents. The files include
references to Early Bird, Blue Bird, and [Larry] Bird.

n.

Requested Search Term: 1 pound


Term as Searched: 1 pound
Result: One file containing one instance of the given search term was discovered. This e-mail referenced

consuming one pound of protein per day.

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Case 1:15-cv-05916-RMB-JCF Document 28-21 Filed 08/04/15 Page 6 of 9

o.

Requested Search Term: 1 lb


Term as Searched: 1 lb
Result: No Results

p.

Requested Search Term: one pound


Term as Searched: one pound
Result: No Results

q.

Requested Search Term: one lb


Term as Searched: one lb
Result: No Results

r.

Requested Search Term: 2 pound


Term as Searched: 2 pound
Result: No Results

s.

Requested Search Term: 2 lb


Term as Searched: 2 lb
Result: No Results

t.

Requested Search Term: two pound


Term as Searched: two pound
Result: No Results

CONFIDENTIAL

NFLPA_BRADY001624

Case 1:15-cv-05916-RMB-JCF Document 28-21 Filed 08/04/15 Page 7 of 9

u.

Requested Search Term: two lb


Term as Searched: two lb
Result: No Results

v.

Requested Search Term: gaug*


Term as Searched: gaug*
Result: Seven files containing one or more instances of the given search term were discovered. These were

contained in three e-mail messages, two Excel files, one plain text, and one XHTML document. These files include
references to allowing someone to gauge reactions or interest and Patriots call sheets/play sheets.

w.

Requested Search Term: pump*


Term as Searched: pump*
Result: 94 files containing one or more instances of the given search term were discovered. These were

contained in 30 e-mail messages, 41 Excel files, one PDF file, 11 plain text, and 11 XHTML documents. These files
include references to pumping water, installing a pump to pump water, pumpkins, Patriots play calls, muscle pump
function, pumped as a way to express excitement, a heat pump for a house, and prices at the gasoline pump.

x.

Requested Search Term: inflat*


Term as Searched: inflat*
Result: 32 files containing one or more instances of the given search term were discovered. These were

contained in 22 e-mail messages, three PDF files, two plain text documents, and two XHTML documents. These files
include references to not over-inflating corporate position titles, inflategate, personal e-mails, e-mails between Tom
Bradys financial advisor, and economic inflation.

CONFIDENTIAL

NFLPA_BRADY001625

Case 1:15-cv-05916-RMB-JCF Document 28-21 Filed 08/04/15 Page 8 of 9

y.

Requested Search Term: deflat*


Term as Searched: deflat*
Result: 21 files containing one or more instances of the given search term were discovered. These were

contained in 17 e-mail messages, one HTML document, and three PDF files. These files include references to media
reports, economic deflation, e-mails between Tom Bradys financial advisor, personal e-mails, and media reports.

z.

Requested Search Term: (game or kick*) /2 ball


Term as Searched: "(game OR kick*) ball" ~2 [Search for game or kick* within two words of ball]
Result: 11 files containing one or more instances of the given search term were discovered. These were

contained in six e-mail messages, three Excel files, one plain text document, and one XHTML document. These files
include personal e-mails and Patriots call sheets/play sheets.

aa.

Requested Search Term: (prep* or rub*) /10 (ball or football)


Term as Searched: "(prep* OR rub*) AND (ball OR football)" ~10 [Search for prep* or rub* within 10 words

of ball or football]
Result: Seven files containing one or more instances of the given search term were discovered. These were
contained in five e-mail messages, one plain text document, and one XHTML document. These files include personal
e-mails.

bb.

Requested Search Term: (investigat* or meet* or discuss* or question) /10 (championship or Jan. 18 or

January 18 or 1/18)
Term as Searched: "(investigat* OR meet* OR discuss* OR question) AND (championship OR Jan* 18
OR 1/18)" [Search for investigat*, meet*, discuss*, or question and championship, Jan* 18, or 1/18 to be in the
same file]

CONFIDENTIAL

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Case 1:15-cv-05916-RMB-JCF Document 28-21 Filed 08/04/15 Page 9 of 9

Result: 29 files containing one or more instances of the first search term were discovered. These were
contained in 21 e-mail messages, five PDF files, one HTML, one XHTML, and one plain text documents. These files
include personal e-mails and media reports.

cc.

Requested Search Term: investigat* /10 (ball or football or Indianapolis or Indy or Colts)
Term as Searched: "investigat* AND (ball OR football OR Ind* OR Colts)" ~10 [Search for investigat*

within 10 words of ball, football, Ind*, or Colts]


Result: Two files containing one or more instances of the given search term were discovered. These were
contained in two e-mail messages.

dd.

Requested Search Term: (equilibrium or equilibrat* or atmosphere* or climat* or environment* or test* or

experiment) /10 (ball or football)


Term as Searched: "(equilib* OR atmosphere* OR climat* OR environment* OR test* OR experiment) AND
(ball OR football)" ~10 [Search for equilib*, atmosphere*, climat*, environment*, test*, or experiment within 10
words of ball or football]
Result: 11 files containing one or more instances of the given search term were discovered. These were
contained in five e-mail messages, three plain text documents, and three XHTML documents. These files include
references to Patriots play scheme.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on June 15, 2015 at Simi Valley, California.

Bradley N. Maryman

CONFIDENTIAL

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CONFIDENTIAL
Page 2
10:54:--

A-61

1/19/2015
10:55:-1/19/2015
10:59:-1/19/2015
17:21:-1/19/2015
14:38:-1/19/2015
14:38:-1/19/2015
14:38:-1/19/2015
17:20:--

A-61
A-61
A-43
A-62
A-62
A-62
A-62

1/19/2015
17:29:-1/20/2015
07:24:--

A-43

1/20/2015
08:22:--

Text Message from


Jastremski
Text Message from
Jastremski
Text Message to
Jastremski
Phone Call to
Schoenfeld
Text Message to
Jastremski
Text Message from
Jastremski
Text Message to
Jastremski
Text Message to
Jastremski

------------9 min
-----------------

Phone Call to
Jastremski
Text Message from
Jastremski

12 min

A-43

Phone Call to
Jastremski

7 min

1/20/2015
17:13:--

A-63

Text Message to
Jastremski

-----

1/20/2015
17:27:--

A-43

Phone Call from


Jastremski

4 min

A-62

CONFIDENTIAL

-----

1/19/2015
10:55:32
1/19/2015
10:59:32
1/19/2015
later that day
1/19/2015
14:38:09
1/19/2015
14:38:17
1/19/2015
14:38:34
1/19/2015
17:21:23
1/19/2015
17:21:34
1/19/2015
17:27:06
1/19/2015
17:30:03
1/20/2015
07:24:47

105

Text Message

Jastremski

Brady

-----

105

Text Message

Brady

Jastremski

-----

105
n.65
105

Phone Call

Brady

Schoenfeld -----

Text Message

Brady

Jastremski

-----

105

Text Message

Jastremski

Brady

-----

105

Text Message

Brady

Jastremski

-----

106

Text Message

Brady

Jastremski

-----

107

Phone Call

Jastremski

Brady

00:00:28

107

Phone Call

Jastremski

Brady

00:00:29

107

Phone Call

Brady

Jastremski

00:11:01

108

Text Message

Jastremski

Brady

-----

1/20/2015
within the
hour
1/20/2015
17:13:38

108

Phone Call

Brady

Jastremski

00:06:21

108

Text Message

Brady

Jastremski

-----

1/20/2015
less than
fifteen minutes
later

109

Phone Call

Jastremski

Brady

00:03:34

NFLPA_BRADY001616

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CONFIDENTIAL
Page 3
(~17:28)
1/21/2015
07:27:--

A-63

Text Message to
Jastremski

-----

1/21/2015
07:27:48

109

Text Message

Brady

Jastremski

-----

1/21/2015
07:38:--

A-43

Phone Call from


Jastremski

14 min

109

Phone Call

-----

-----

00:13:47

1/21/2015
11:45:--

A-43

Phone Call from


Jastremski

7 min

1/21/2015
starting at
7:38 a.m.
(~07:38)
1/21/2015
11:45:16

109

Phone Call

-----

-----

00:07:05

02/03/2015
18:18:-02/03/2015
18:20:-02/03/2015
18:21:-02/03/2015
18:22:-02/03/2015
18:23:-02/04/2015
08:26:-02/04/2015
08:26:-02/05/2015
09:54:-02/05/2015
09:54:-02/05/2015
15:46:-02/05/2015
16:21:--

A-68

Text Message to
Schoenfeld
Text Message from
Schoenfeld
Text Message to
Schoenfeld
Text Message from
Schoenfeld
Text Message to
Schoenfeld
Text Message to
Schoenfeld
Text Message from
Schoenfeld
Text Message to
Schoenfeld
Text Message to
Schoenfeld
Text Message from
Schoenfeld
Text Message to
Schoenfeld

-----

A-68
A-68
A-68
A-68
A-68
A-68
A-70
A-70
A-71
A-71

CONFIDENTIAL

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CONFIDENTIAL
Page 4
02/07/2015
18:21:-02/07/2015
18:21:-02/07/2015
18:33:-02/25/2015
18:09:--

A-74
A-74
A-74
39

CONFIDENTIAL

Text Message to
Jastremski
Text Message to
Jastremski
Text Message from
Jastremski
Phone Call to
Jastremski

------------4 min

NFLPA_BRADY001618