LabMD-Analyst Says Fraud on Part of Tiversa-May-2015_Law360
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Portfolio Media. Inc. | 860 Broadway, 6th Floor | New York, NY 10003 | www.law360.com Phone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected] Analyst Backs LabMD In FTC Row, Alleges Fraud At Tiversa By Jimmy Hoover Law360, Washington (May 05, 2015, 9:16 PM ET) -- LabMD Inc. on Tuesday scored a major hit in its data security fight with the Federal Trade Commission after a former analyst at the cybersecurity firm Tiversa Inc. testified that his company lied to the agency about the extent of LabMD's data leaks after the medical testing firm turned down its services. Richard E. Wallace said in a hearing that during his time as one of the company’s chief forensic analysts from 2007 to 2014, he helped Tiversa and CEO Robert J. Boback spin lies to the FTC about the “proliferation” of LabMD-held insurance records among identity thieves — which LabMD claims is the sole basis for the agency’s 2013 administrative complaint against it for alleged data protection failures. Wallace said that, rather than a proliferation, he merely downloaded a file off of LabMD’s own server and manufactured those claims per Boback’s orders, who he said wanted to steer LabMD into using Tiversa’s monitoring and remedial services. According to Wallace, Boback became infuriated that LabMD’s president and CEO, Michael J. Daugherty, rejected their services. “[Boback] basically said F-him, make sure he’s at the top of the list,” Wallace said at the hearing, describing the Tiversa CEO’s reaction to LabMD’s refusal of services. Atlanta-based LabMD conducts laboratory tests on samples that physicians obtain from patients and also performs medical testing for consumers around the country. Tuesday’s proceedings before Administrative Law Judge D. Michael Chappell had stalled for several months after Wallace revealed that Tiversa had emerged as the subject of an investigation from the House Committee on Oversight and Government Reform and that he was pursuing immunity for his testimony in the FTC proceedings — immunity he finally received. Wallace said that he left the company in February 2014 after Boback had pressured him to lie under oath in a planned deposition from LabMD’s attorneys about the extent of LabMD’s data leaks. According to LabMD’s attorney Reed Rubinstein of Dinsmore & Shohl LLP, the testimony marked a “remarkable day” in the case and vindicated the company’s assertion that “the FTC action was based on manufactured evidence.” At the close of the hearing Tuesday, Rubenstein announced that LabMD will seek a criminal investigation against the Tiversa. Page 1 of 2 Analyst Backs LabMD In FTC Row, Alleges Fraud At Tiversa - Law360 5/6/2015 http://www.law360.com/articles/652184/print?section=privacy
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Welcome Michael J Daugherty to the stage as he exposes fraud and predatory practices on the small business community.True story with a play by play report available if you follow @DaughertyMJ on Twitter.Mike is the featured guest on Pro Advocate Radio on May 9th/11th 2015, so please listen to this show whether you catch it live or later when hosted on ProAdvocateRadio.com. Yes, it's a wake-up call so that you learn ahead of time how to protect yourself from predatory practices.
Transcript of LabMD-Analyst Says Fraud on Part of Tiversa-May-2015_Law360
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Portfolio Media. Inc. | 860 Broadway, 6th Floor | New York, NY 10003 | www.law360.comPhone: +1 646 783 7100 | Fax: +1 646 783 7161 | [email protected]
Analyst Backs LabMD In FTC Row, Alleges FraudAt TiversaBy Jimmy Hoover
Law360, Washington (May 05, 2015, 9:16 PM ET) -- LabMD Inc. on Tuesday scored amajor hit in its data security fight with the Federal Trade Commission after a formeranalyst at the cybersecurity firm Tiversa Inc. testified that his company lied to the agencyabout the extent of LabMD's data leaks after the medical testing firm turned down itsservices.
Richard E. Wallace said in a hearing that during his time as one of the companys chiefforensic analysts from 2007 to 2014, he helped Tiversa and CEO Robert J. Boback spin liesto the FTC about the proliferation of LabMD-held insurance records among identitythieves which LabMD claims is the sole basis for the agencys 2013 administrativecomplaint against it for alleged data protection failures.
Wallace said that, rather than a proliferation, he merely downloaded a file off of LabMDsown server and manufactured those claims per Bobacks orders, who he said wanted tosteer LabMD into using Tiversas monitoring and remedial services.
According to Wallace, Boback became infuriated that LabMDs president and CEO, MichaelJ. Daugherty, rejected their services.
[Boback] basically said F-him, make sure hes at the top of the list, Wallace said at thehearing, describing the Tiversa CEOs reaction to LabMDs refusal of services.
Atlanta-based LabMD conducts laboratory tests on samples that physicians obtain frompatients and also performs medical testing for consumers around the country.
Tuesdays proceedings before Administrative Law Judge D. Michael Chappell had stalledfor several months after Wallace revealed that Tiversa had emerged as the subject of aninvestigation from the House Committee on Oversight and Government Reform and that hewas pursuing immunity for his testimony in the FTC proceedings immunity he finallyreceived.
Wallace said that he left the company in February 2014 after Boback had pressured him tolie under oath in a planned deposition from LabMDs attorneys about the extent of LabMDsdata leaks.
According to LabMDs attorney Reed Rubinstein of Dinsmore & Shohl LLP, the testimonymarked a remarkable day in the case and vindicated the companys assertion that theFTC action was based on manufactured evidence. At the close of the hearing Tuesday,Rubenstein announced that LabMD will seek a criminal investigation against the Tiversa.
Page 1 of 2Analyst Backs LabMD In FTC Row, Alleges Fraud At Tiversa - Law360
5/6/2015http://www.law360.com/articles/652184/print?section=privacy
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Obviously the FTC never checked what came in from Tiversa, Rubinstein said in aninterview with Law360.
Under direct examination from William A. Sherman II of Dinsmore & Shohl, Wallaceoutlined a pattern of fraud and deception at his former company and said it was commonpractice at Tiversa to deceive companies into believing identity thieves had stolen theirfiles off of peer-to-peer networks in an effort to charge for remedial services.
Wallace said Tiversa carried out the scheme by inserting the IP addresses of knownidentity thieves into a data store and making it appear to the companies that the identitythieves had pilfered their files, despite the fact that they had already been shut down bylaw enforcement. Because their computers were down, Wallace said, there was no way tocontradict what Tiversa was saying.
During a re-direct examination Tuesday from his own attorney, Mary Beth Buchanan ofBryan Cave LLP, Wallace also recounted an episode in which Boback allegedly forced himto conjure up a report claiming that trade secrets related to the avionics found in thecockpit of Marine One, the helicopter for presidential transport, had been stolen by Iraniannationals a fake story later plastered in headlines across major news outlets including,CBS News, NBC News and Fox News.
It was very big press for Tiversa. And believe it or not, it was not easy to find an activeIranian IP address that law enforcement couldnt get a hold of, Wallace said.
The FTC declined an opportunity to depose as well as cross-examine Wallace on Tuesday,though FTC attorney Laura Riposo VanDruff indicated that she may file a motion tointroduce a rebuttal witness within the next week.
Counsel for Tiversa and Boback could not be immediately reached Tuesday for comment.
LabMD is represented by William A. Sherman II, Reed Rubinstein and Sunni Harris ofDinsmore & Shohl LLP and Hallee Morgan, Kent Huntington, Daniel Epstein, Patrick Massariand Prashant K. Khetan of Cause of Action.
The FTC is represented by Alain Sheer, Laura Riposo VanDruff, Megan Cox, Ryan Mehm,John Krebs and Jarad Brown.
The case is In the Matter of LabMD Inc., docket number 9357, before the Federal TradeCommission Office of the Administrative Law Judges.
--Editing by Emily Kokoll.
All Content 2003-2015, Portfolio Media, Inc.
Page 2 of 2Analyst Backs LabMD In FTC Row, Alleges Fraud At Tiversa - Law360
5/6/2015http://www.law360.com/articles/652184/print?section=privacy
