By Emily Flitter and Grant McCool
Oct 26 (Reuters) - A New York man was arrested Friday on
charges he forged documents in a multibillion-dollar scheme to
defraud Facebook Inc and its chief executive, Mark Zuckerberg,
through a lawsuit claiming a huge ownership stake in the
Internet company.
Paul Ceglia, 39, a one-time wood pellet salesman from
Wellsville, New York, was charged with mail and wire fraud over
what federal prosecutors and the U.S. Postal Inspection Service
said was fabricated evidence to support his claim to a large
stake in Facebook through a 2003 deal with Zuckerberg.
Ceglia's accusations against Zuckerberg had marked a bizarre
twist to Facebook's march toward its highly anticipated initial
public offering in May. Facebook's origins were also the focus
of a separate legal challenge by Zuckerberg's Harvard University
classmates, the twins Cameron and Tyler Winklevoss, in a saga
chronicled in the 2010 film, "The Social Network."
Ceglia sued the Silicon Valley company and its chief
executive in 2010, claiming that a 2003 contract he signed with
Zuckerberg entitled him to a stake in the social media network.
Zuckerberg had done programming work for Ceglia's company,
StreetFax.com, while at Harvard University.
This past March, as part of that case, Facebook attorneys
released emails sent by Zuckerberg to show Ceglia's claims were
false. The attorneys cited work by forensic experts who found
that Ceglia had typed text into a Microsoft Word document and
declared it was the text of emails with Zuckerberg.
Ceglia sought "a quick pay day based on a blatant forgery,"
U.S. Attorney Preet Bharara in Manhattan said in a statement
announcing the criminal charges. "Dressing up a fraud as a
lawsuit does not immunize you from prosecution."
A lawyer for Ceglia could not immediately be reached for
comment.
"Ceglia used the federal court system to perpetuate his
fraud and will now be held accountable for his criminal scheme,"
Orin Snyder, a partner at law firm Gibson Dunn who is
representing Facebook and Zuckerberg in the civil case, said in
a statement.
PARTNERSHIP CLAIMS
In his lawsuit, filed in federal court in Buffalo, New York,
Ceglia had claimed that Zuckerberg shared his plans for a social
networking site with him while working at StreetFax. He
contended that their contract granted him part ownership in
Zuckerberg's project in exchange for a $1,000 investment.
To build his case, Ceglia submitted what he said were emails
from Zuckerberg that proved the pair had discussed the project
that would eventually become Facebook.
But Zuckerberg said he had not even conceived of the idea
for Facebook until December 2003, and submitted his own emails
to prove his version of the timeline.
Ceglia went through a string of lawyers from prominent
firms, including DLA Piper and Milberg, who worked with him on
the case but later withdrew.
Ceglia was arrested at his home on Friday morning and
appeared in federal court in Buffalo in the afternoon. In the
hearing, a federal judge set bail at $21,000 and stayed the bail
order until Monday at noon to give prosecutors a chance to
appeal it, authorities said.
Each of the charges against him carries a maximum sentence
of 20 years in prison.
Investigators for the Postal Inspection Service, which is
conducting the probe, made the arrest following Ceglia's return
to the United States this week after spending time out of the
country, according to a source familiar with the matter who was
not authorized to speak publicly on the case.
The judge in Friday's hearing ordered Ceglia and his family
to surrender their travel documents.
Separately on Friday, Massachusetts fined Citigroup Inc $2
million to settle charges that two bank analysts improperly
released confidential information about Facebook's financials
before the technology company went public.
The case is USA v. Paul Ceglia, U.S. District Court,
Southern District of New York.
(Additional reporting by Nate Raymond)
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