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According to sources familiar with the documents that are to be turned over to Waxman’s committee, the documents will include a sworn affidavit that details how Diligence employees pretended to be CIA agents to get secret IPOC information and information on other companies. The currently sealed documents also will show that Diligence employees and at least one KPMG employee were tape-recorded, and that the tape was played for at least one Barbour Griffith employee, said two sources familiar with the content of the documents.
“Some of these documents are protected by legal privilege, but Congress is not bound by that,” said one source familiar with the matter.
There are two big federal cases pending related to this, including a racketeering case in New York that IPOC filed against Alfa Group in which IPOC’s lawyers allege that Diligence “employees Nick Day, Gretchen King and others traveled to Bermuda as part of the operation” saying that King impersonated a CIA agent as “Liz from Langley.” Documents in that case also say the “misappropriated information was used by Alfa’s ally in litigation against IPOC concerning MegaFon stock and also leaked to the press.” In that case, IPOC is asking for $150 million, plus return of “property stolen by Defendants.” (Neither Barbour Griffith nor Diligence is named as a defendant in that case.)
IPOC is suing Barbour Griffith and Diligence in U.S. District Court for the District of Columbia and is asking the court to say that Diligence and Barbour Griffith have violated such laws as the Computer Fraud and Abuse Act. IPOC also has asked the court to prevent Diligence and Barbour Griffith from using any of the information it obtained from KPMG and for damages of an unnamed amount but exceeding $75,000.
One of the many documents filed in the case includes an e-mail between Barbour Griffith employees in which the firm’s Keith Schuette writes to name partner Ed Rogers about the Diligence-KPMG lawsuit in early 2006. “It has attracted no attention thus far, but I cannot imagine that it will remain quiet forever.”