`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`KONNECH, INC.,
`
`
`PLAINTIFF,
`
`
`
`v.
`
`TRUE THE VOTE, INC., GREGG
`PHILLIPS, and CATHERINE
`ENGELBRECHT,
`
`
`DEFENDANTS.
`
`
`
`
`
`
`
`CIVIL ACTION NO. _______________
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`PLAINTIFF’S ORIGINAL COMPLAINT
`
`TO THE HONORABLE UNITED STATES DISTRICT JUDGE:
`
`COMES NOW, Plaintiff Konnech, Inc. (“Konnech”), in the above styled cause, and files
`
`this Original Complaint, and would respectfully show the Court as follows:
`
`INTRODUCTION
`
`1.
`
`Defendants True the Vote, Inc., its founder and President Catherine Engelbrecht,
`
`and board member Gregg Phillips (“Defendants”) have intentionally, repeatedly, and relentlessly
`
`attacked Konnech and its founder Eugene Yu with Defendants’ unique brand of racism and
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`xenophobia by their completely baseless claims that Konnech, its founder, and employees are
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`“Chinese operatives,” who are spearheading a “Red Chinese communist op run against the United
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`States,” that Konnech is tied to the Confucius Institute, which Defendants say is part of the Chinese
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`Communist Party, that Konnech was the subject of a long-running FBI counterintelligence
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`investigation, that Konnech obtained contracts with certain U.S. city and county voting districts
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`after bribing public officials, and that the Chinese Communist Party is somehow controlling U.S.
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`elections through Konnech because its founder and some of its employees are of Chinese descent.
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`Defendants’ false accusations of treason, espionage, bribery, and election fraud, which they peddle
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 1
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`to enrich themselves at Konnech’s expense, are completely fabricated and constitute defamation
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`per se.
`
`2.
`
`The truth is that Konnech is a U.S. company founded and operated by a U.S. citizen
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`who has no affiliation with the Chinese Communist Party whatsoever. Konnech obtains its
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`contracts through transparent public government bidding processes, and has never engaged in
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`bribery or any other criminal activity of any sort. All of Konnech’s U.S. customer data is secured
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`and stored exclusively on protected computers located within the United States. Konnech’s
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`software products are not involved in any way in the registration of voters, the production,
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`distribution, scanning, or processing of ballots, or the collection, counting or reporting of votes.
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`Indeed, Konnech never handles any ballots and no ballots or other voting counts ever enter any of
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`Konnech’s computer servers. It thus begs the question how Defendants could believe that
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`Konnech could ever be involved in election fraud—or how it otherwise could have helped “steal”
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`the 2020 Presidential Election from former President Donald Trump—when Konnech has had no
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`involvement with ballots in any U.S. election. But the simple matter is, Defendants have no regard
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`for the truth or the consequences of their actions, because the truth would not profit them.
`
`3.
`
`Indeed, Defendants are in business to capitalize from their claim that the 2020
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`Presidential Election was “stolen.” Defendants Phillips and Engelbrecht have been referred to as
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`the “Bonnie and Clyde” of election fraud1, and they have enriched themselves by spreading
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`conspiracy theories, which they present as factual in nature, about the 2020 Presidential Election,
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`largely funded by money funneled through Defendant True the Vote, which some commentators
`
`
`1 See Mimi Swartz, How True the Vote Fabricates Claims of Election Fraud, for Fun and Profit,
`Texas Monthly (Aug. 22, 2022), available at, https://www.texasmonthly.com/news-politics/true-
`the-vote-election-fraud/.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 2
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`have called a “big grift.”2 Defendants were in fact the subject of a suit filed in 2020 by a
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`conservative megadonor, who, after speaking with Defendant Engelbrecht, donated $2.5 million
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`to help fund Defendant True the Vote’s efforts to fight election fraud. The donor later discovered,
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`however, that his money was instead siphoned through Defendant True the Vote, and other entities
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`established by Defendants Phillips and Engelbrecht, for their own personal gain.3
`
`4.
`
`Defendants most recently capitalized on their claims of election fraud through their
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`involvement in the production of a so-called “documentary” titled 2000 Mules in which they
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`sought to convince their followers that people, who they refer to as “mules,” were paid to collect
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`and deposit fake ballots into ballot boxes for the 2020 Presidential Election which they contend
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`changed its outcome. The theories peddled in 2000 Mules, however, have been repeatedly
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`disproven.4 Apparently realizing that their 2000 Mules tale had run its course, Defendants Phillips
`
`
`2 See Cassandra Jaramillo, She Helped Create the Big Lie. Records Suggest She Turned It Into a
`Big Grift, Reveal News (June 8, 2022), available at, https://revealnews.org/article/true-the-vote-
`big-lie-election-fraud/.
`
`3 See Eshelman v. True the Vote, Inc., OSPEC Group, LLC, Engelbrecht, Bopp, Jr., Phillips, and
`The Bopp Law Firm, 4:2020-cv-04034, filed November 25, 2020 in the U.S. District Court for the
`Southern District of Texas; see also Richard Salame, Was Election Denial Just a Get-Rich-Quick
`Scheme? Donors’ Lawsuits Look
`for Answers
`(Feb. 6, 2021),
`available
`at,
`https://www.typeinvestigations.org/investigation/2021/02/06/was-election-denial-just-a-get-rich-
`quick-scheme-donors-lawsuits-look-for-answers/.
`
` 4
`
` See Fact Check-Does ‘2000 Mules’ provide evidence of voter fraud in the 2020 U.S. presidential
`election?, Reuters (May 27, 2022), available at, https://www.reuters.com/article/factcheck-usa-
`mules-idUSL2N2XJ0OQ; FACT FOCUS: Gaping Holes in the Claims of 2k Ballot ‘Mules’,
`Associated
`Press
`(May
`3,
`2022),
`available
`at,
`https://www.usnews.com/news/politics/articles/2022-05-03/fact-focus-gaping-holes-in-the-
`claim-of-2k-ballot-mules; Tom Dreisbach, A pro-Trump film suggests its data are so accurate, it
`solved
`a murder.
`
`That’s
`false, NPR
`(May
`17,
`2022),
`available
`at,
`https://www.npr.org/2022/05/17/1098787088/a-pro-trump-film-suggests-its-data-are-so-
`accurate-it-solved-a-murder-thats-fals; Phillip Bump, Even the geolocation maps in ‘2000 Mules’
`are misleading,
`The Washington
`Post
`(May
`19,
`2022),
`available
`at,
`https://www.washingtonpost.com/politics/2022/05/19/even-geolocation-maps-2000-mules-are-
`misleading/.
`
`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 3
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`and Engelbrecht declared an end to “mules” at an August 2022 True the Vote, invitation-only event
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`which they called “The Pit.”
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`5.
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`The Pit, they promised, would be the event where Defendants would finally release
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`“devastating information” that would definitively prove the 2020 U.S. Presidential election was
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`stolen. Instead, Defendants used The Pit as a platform to announce their website, and publicly
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`launch their attack against Konnech by spreading baseless lies.
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`6.
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`In an attempt to bolster their false accusations, Defendants claim that they have
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`obtained financial and other sensitive personal data of 1.8 million U.S. poll workers—including
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`social security numbers, phone numbers, email addresses, and banking information—from
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`Konnech’s protected computers. As an initial matter, Konnech has never managed customer data
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`for that many poll workers or even a small percentage of that many poll workers. But regardless,
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`based on the extensive security measures Konnech has in place, Defendants could only access any
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`of Konnech’s data if they illegally hacked into and stole data from Konnech’s protected computers.
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`7.
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`Defendants have in fact portrayed their access to Konnech’s protected computers
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`as unauthorized. Defendant Phillips specifically described on a recent podcast how Defendant
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`Engelbrecht had an idea and asked him to look into Konnech’s election software, how he then
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`traveled to a Dallas, Texas hotel room to meet his “analysts,” how they put “towels under the
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`doors” in an effort to conceal their knowingly unlawful conduct, and then how “analysts,” who
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`were acting at his direction, successfully hacked into Konnech’s servers and unlawfully
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`downloaded its data. Defendants even admit they are now the subject of an ongoing FBI
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`investigation due to their misconduct targeting Konnech. But apparently undeterred, Defendants
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 4
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`have continued their attacks on Konnech and have publicly and repeatedly declared their intent to
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`release the information they stole from Konnech’s servers.
`
`8.
`
`Defendants have pushed their false narrative with social media posts that “ReTruth”
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`(the Truth Social equivalent of a Retweet on Twitter) conspiracy theories published by armchair
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`“experts” and anonymous sources. Defendants lead a chorus of online adherents who are
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`encouraged by Defendants—through social media postings and podcast appearances—to engage
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`in further attacks against Konnech. Numerous conspiracy theories attempting to affiliate Konnech
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`with the Chinese Communist Party have appeared online since The Pit. To be clear, Konnech, a
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`previously relatively unknown entity, has gone viral since The Pit, with countless Tweets and
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`Truth Social postings using the #Konnech hashtag. But the consequences of Defendants’ actions
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`are far more serious in that Defendants’ public smear campaign has resulted in repeated death
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`threats against Konnech’s founder and his family which have forced them out of their home in fear
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`for their lives.
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`9.
`
`Defendants’ allegation that a vast international conspiracy concerning the U.S.
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`Presidential Election would be ignored by the Federal Government—and, in fact, concealed by the
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`FBI—but proven by conspiracy theorists and con artists using basic internet searches and posts on
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`social media, demonstrates Defendants’ recklessness and disdain for the truth.
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`10.
`
`Defendants know what they are doing is wrong, and have tried, in vain, to avoid
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`responsibility for their misconduct by encouraging and using others to perform their dirty work for
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`them. But Defendants have already gone too far, and they cannot avoid liability for their own
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`misconduct and for masterminding this entirely fabricated conspiracy against Konnech.
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`11.
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`Absent intervention of this Court, such damaging behavior will continue to occur,
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`which is particularly problematic in light of the upcoming 2022 midterm elections, for which
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 5
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`Konnech has contracts to provide election logistics software for voting districts across the country.
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`Konnech thus files this action to recover damages as a result of Defendants’ defamatory
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`statements, and interference with Konnech’s current and prospective business relationships, and
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`seeks a restraining order to immediately and permanently restrain Defendants and those acting in
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`concert with them from accessing, obtaining, using and/or disclosing any data from Konnech’s
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`protected computers.
`
`PARTIES
`
`12.
`
`Plaintiff Konnech, Inc. is incorporated in Michigan and headquartered in East
`
`Lansing, Michigan.
`
`13.
`
`Defendant True the Vote, Inc. is a Texas Nonprofit Corporation which is
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`headquartered in Houston, Texas, at 18720 FM 249, Suite A, Houston, Texas 77070, and can be
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`served through its registered agent, Registered Agents, Inc., at 5900 Balcones Drive, Suite 100,
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`Austin, Texas 78731, or wherever else it may be found.
`
`14.
`
`Defendant Catherine Engelbrecht resides at 13909 Track Rd. East, Cat Spring,
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`Texas 78933, and can be served at said address or wherever else she may be found.
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`15.
`
`Defendant Gregg Phillips resides at 1752 Coates Pass, Birmingham, Alabama
`
`35244, and can be served at said address or wherever else he may be found.
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`JURISDICTION AND VENUE
`
`16.
`
`This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §
`
`1331, because Konnech has asserted claims against Defendants under the Computer Fraud and
`
`Abuse Act, 18 U.S.C. § 1030, et seq. This Court also has supplemental jurisdiction over Konnech’s
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`state law claims pursuant to 28 U.S.C. § 1367(a). This Court further has subject matter jurisdiction
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`over this matter pursuant to 28 U.S.C. § 1332(a), because the parties have diversity of citizenship
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`and the amount in controversy exceeds $75,000.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 6
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`17.
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`Venue is proper in the Southern District of Texas (Houston Division) because a
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`substantial part of the events giving rise to the claims occurred in Houston, Texas where Defendant
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`True the Vote is headquartered and Cat Spring, Texas where Defendant Engelbrecht resides, and
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`a substantial part of the property that is the subject of the action is situated in Houston, Texas
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`and/or Cat Spring, Texas. Additionally, venue is proper in the Southern District of Texas (Houston
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`Division) because Defendants and, in particular, Defendants Engelbrecht and True the Vote, have
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`published defamatory statements that are the subject of this action from within the Southern
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`District of Texas (Houston Division).
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`18.
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`This Court has personal jurisdiction over Defendant True the Vote because it is
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`incorporated in Texas and has its principal place of business in Texas. This Court has personal
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`jurisdiction over Defendant Engelbrecht because she is domiciled in Texas. This Court has
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`personal jurisdiction over Defendant Phillips because he availed himself of the benefits and
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`protections of the laws of the State of Texas by, among other things, committing a tort and other
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`unlawful misconduct against Konnech while in Texas. Specifically, Defendant Phillips, while
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`acting in concert with Defendants Engelbrecht and True the Vote, has admitted that he obtained
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`confidential information and data from Konnech’s protected computers while located in Texas,
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`and obtained data from Konnech’s protected computers while located in Texas which has also
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`been provided to Defendant True the Vote which is headquartered in Houston, Texas.
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`Konnech, Inc.
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`FACTUAL BACKGROUND
`
`19.
`
`Konnech, Inc. is a U.S. company which is incorporated in Michigan and was
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`founded by its President and CEO, Eugene Yu, who is a U.S. citizen. Mr. Yu built Konnech on
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`his own from the ground up. Konnech provides governmental entities in the U.S. with an election
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`logistics software product called PollChief which those governmental entities use to recruit, train
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 7
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`and schedule poll workers; coordinate the distribution of equipment and supplies to polling places;
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`and dispatch support personnel to address technical and other issues. Konnech does not select,
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`communicate, or otherwise interface with any poll workers. And Konnech’s software products are
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`not involved in any way in the registration of voters, the production, distribution, scanning, or
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`processing of ballots, nor the collection, counting or reporting of votes. Indeed, Konnech never
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`handles any ballots and no ballots or other voting counts ever enter any of Konnech’s computer
`
`servers.
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`True the Vote’s “The Pit” Event
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`20.
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`In the summer of 2022, Defendants advertised an event they dubbed “The Pit,”
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`scheduled for August 13, 2022, at which they claimed they would disclose “devastating”
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`information that would be definitive proof that the 2020 Presidential Election was stolen from
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`former President Donald Trump.
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`21.
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`The Pit was hosted by Defendants and attended by over 100 by-invitation-only
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`guests who were handpicked by Defendants Engelbrecht and Phillips based on who they believed
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`would be supportive of their conspiracy and who would best spread the disinformation they
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`planned to disclose. The Pit was also livestreamed on Right Side Broadcasting Network.
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`22.
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`The event featured many different speakers, including Defendants Engelbrecht and
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`Phillips, and served as a pep rally for election fraud conspiracy theorists in anticipation of the 2022
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`midterm elections. But the main attraction for The Pit was the supposed proof that Defendants
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`claimed they planned to disclose, which was not part of 2000 Mules, but, in their words, would
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`serve as definitive proof that the 2020 Presidential election was a sham.
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`23. While The Pit was still livestreaming, Defendants Phillips and Engelbrecht took the
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`stage to finally make the big announcement. The announcement, however, was nothing more than
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 8
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`an advertisement for a website Defendants created, where Defendants claim their subscribers can
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`log on and view the purported evidence of election fraud.
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`The Pit Livestream is Turned Off
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`24.
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`Upon information and belief, and according to social media posts from those in
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`attendance at The Pit, Defendants turned off the livestream and then disclosed to attendees that
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`they had been secretly working on something they called “The Tiger Project”—which is the code
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`name and hashtag for their campaign against Konnech—during which they sent dozens of FOIA
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`requests to Konnech’s customers, all in an apparent effort to intimidate those customers or to
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`otherwise raise customers’ suspicions about Konnech. But even more shocking, Defendants
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`falsely claimed that they discovered that Konnech had an unsecured server located in Wuhan,
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`China, which Defendants hacked into and stole data from. Specifically, Defendants claimed to
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`have illegally downloaded from Konnech’s server personal data on 1.8 million U.S. poll workers,
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`which they claim is a vehicle for the Chinese Communist Party to breach U.S. elections.
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`
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`25.
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`To be clear, however, all of Konnech’s U.S. customer data is secured and stored
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`exclusively on protected computers located within the United States. Konnech controls access to
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`its offices, enters into confidentiality agreements with its customers and employees, and uses two-
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 9
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`Case 4:22-cv-03096 Document 1 Filed on 09/12/22 in TXSD Page 10 of 37
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`factor authentication, restricted access, and other security measures to control access to its
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`protected computers. Only a select group of Konnech employees that have been provided with
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`that two-factor authentication have authority to access the protected computers which contain poll
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`worker data.
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`26.
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`Defendants additionally claimed that they brought all of their information to the
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`FBI and made a formal complaint. Unsurprisingly, Defendants sought to capitalize on certain
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`public sentiment against the FBI on the heels of the recent raid on Mar-a-Lago, and claimed that
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`the FBI turned the tables on them, and began an investigation of Defendants for hacking Konnech’s
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`protected computers and stealing its data.
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`27.
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`Then, to ensure maximum damage from their defamatory statements, Defendants
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`encouraged The Pit attendees, as documented in the following social media post, to spread what
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`they learned at the event, to do their own research on Konnech, to publish their findings on the
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`internet and, moreover, to continue attacking Konnech:
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`
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`And as things typically evolve with the internet in the 21st century, the conspiracy theory and
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`attacks against Konnech—all of which were initiated by Defendants at The Pit—quickly spread,
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`and the previously relatively unknown Konnech went viral.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 10
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`28.
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`Sadly, as a foreseeable consequence of Defendants’ malicious and baseless attacks
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`against Konnech, Mr. Yu has been the target of repeated death threats, which have forced him and
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`his family to leave their home in fear for their lives:
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`
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`Defendants Continue to Defame Konnech
`
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`29.
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`Following The Pit, Defendants went on a media blitz to publicize their newly
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`fabricated conspiracy theory in an unabashed effort to enrich themselves at the expense of
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`Konnech, all under the guise of being “Patriots” who are supposedly uncovering election fraud—
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`which one can supposedly learn about, but only by subscribing to Defendants’ various web-based
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`platforms.
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`30.
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`Defendants have further perpetuated their attacks by posting and ReTruthing
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`articles of purported research compiled by anonymous posters which associate Konnech to
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`everything from Mark Zuckerberg, to George Soros, the Chinese Communist Party, and even the
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`origins of COVID-19.
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 11
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`31.
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`As one example of many, on August 15, 2022, True the Vote posted an article which
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`falsely claims, among other factually incorrect assertions, that Konnech built software for the
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`Confucius Institute, an organization which they claim is linked to the Chinese Communist Party,
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`and further encouraged its followers to “keep digging.”:
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 12
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`32.
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`On August 17, 2022, True the Vote posted to Truth Social representing that
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`everything they said at The Pit was a factual matter and, again, encouraged others to continue to
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`research Konnech and further expand the ever-growing conspiracy theory:
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`PAGE 13
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`33.
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`On August 21, 2022, True the Vote directly accused Konnech of unlawful acts in
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`connection with a government contract and handling of ballots, even though Konnech has never
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`handled ballots in any U.S. election:
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 14
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`Case 4:22-cv-03096 Document 1 Filed on 09/12/22 in TXSD Page 15 of 37
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`34.
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`On August 27, 2022, True the Vote posted an article claiming that Konnech is
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`“owned by the Chinese Communist Party,” even though Konnech is owned by U.S. citizens who
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`are not affiliated with the Chinese Communist Party, and claiming that Konnech is involved in the
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`“subversion of our elections” which is tantamount to falsely accusing Konnech of election fraud,
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`treason, and espionage:
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 15
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`35.
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`On August 26, 2022, Defendant Phillips also ReTruthed allegations that Konnech
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`is directly connected to a “jump” of votes for President Biden even though Konnech has never
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`handled ballots in any U.S. Election:
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`
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`36.
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`On September 5, 2022, True the Vote hosted a “Q&A” podcast concerning their
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`“Tiger Project,” which claimed to be an event where Defendants would reveal “How the CCP is
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`Breaching US Elections.” The podcast, however, merely summarized the same baseless rhetoric
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`against Konnech, and Defendants did not produce any evidence to support their baseless
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`accusations:
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`PLAINTIFF’S ORIGINAL COMPLAINT
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`PAGE 16
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`Case 4:22-cv-03096 Document 1 Filed on 09/12/22 in TXSD Page 17 of 37
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`37.
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`And on September 8, 2022, Defendant Phillips ReTruthed an article claiming that
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`the “FBI Conceals Chinese Infiltration of U.S. Election Software,” and quotes a prior statement
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`by Phillips that “[t]his is a red Chinese communist op run against the United States by Chinese
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`operatives and it’s a disaster”:
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`38.
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`Defendants’ attacks on Konnech, however, are not just limited to social media
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`postings. Defendants—who constantly seek publicity—have also made numerous appearances on
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`their own and others’ podcasts where they have further spewed and perpetuated their lies about
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`Konnech and, in fact, repeatedly confessed to hacking Konnech’s protected computers and stealing
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`its data.
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`Defendants Falsely Accuse Konnech of Bribery
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`39.
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`For example, Defendants have falsely accused Konnech of bribing the City of
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`Detroit to obtain a contract simply by making campaign contributions of an unstated amount.
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`Specifically, on an August 15, 2022 podcast titled “Devolution Power Hour – Gregg Phillips
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`Interview,” Defendant Phillips (pictured below on the right) falsely implied that Konnech only
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`received its contract with Detroit because Konnech bribed the officials there: “The two biggest
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`donations . . . were from, guess who, Konnech. And then all of a sudden, they get, they get this
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`fast ballot counting software contract and, and next thing, you know, the election counting stops[.]”
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`But, as explained throughout, Konnech does not, and has never, performed any ballot counting,
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`scanning, or processing in any U.S. election. And Konnech has never engaged in bribery of any
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`form and a legal campaign contribution, if any, is not a bribe.
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`Defendants Falsely Accuse Konnech of Maintaining Unsecure Chinese Servers and Admit to
`Hacking and Stealing Konnech’s Data
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`40.
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`Defendants have also falsely accused Konnech of maintaining unsecure Chinese
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`servers for their election logistics software and, in the process, admit to hacking and stealing
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`Konnech’s data. For example, on an August 23 podcast titled “Prophets and Patriots,” Defendant
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`Phillips described meeting his “guys” at a hotel room in Dallas, where they put “towels under the
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`doors” like “some kind of a James Bond kind of thing,” and proceeded to hack into a Konnech
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`server. Indeed, Defendant Phillips admitted on that podcast that “[w]e took [Konnech’s data]
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`directly” and that Defendant True the Vote plans to publicly “release all of [Konnech’s] data”
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`through “drops” to subscribers of Defendants’ website.
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`41.
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`Defendant Phillips repeated these claims on an August 30, 2022 podcast titled,
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`“Here’s How They’ll Try to Steal the Midterms,” where Phillips described, once again, traveling
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`to Dallas, Texas to meet his so-called “analysts,” where they “plugged one of their computers into
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`the television” and began “scrolling through millions and millions of records about Americans,”
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`all of which he claims to have obtained by gaining unauthorized access to Konnech’s protected
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`computers. Defendant Phillips also described how he “immediately drove down to Houston” and
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`got Defendant Engelbrecht “to come over and meet [him]” that next morning, where they came up
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`with a plan to file a complaint with the FBI and turn over the data they stole.
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`42.
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`Likewise, on a September 2, 2022 podcast hosted by Defendant Phillips called
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`“Patriot Games”—during which he admits the FBI accused him of being “the thief that stole the
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`Chinese internet”—Defendant Engelbrecht (pictured below on the right) confessed to how
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`Defendants conspired to unlawfully access Konnech’s protected computers, and how she and True
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`the Vote “pulled in [Defendant Phillip’s] team, and asked them to take a deeper dive” around the
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`security of Konnech’s software. Defendant Phillips told The Pit attendees that they accessed
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`Konnech’s alleged Chinese server by using a password after finding vulnerabilities in the server.
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`Defendants Falsely Claim Konnech is the Subject of a Long-Running FBI Investigation
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`43.
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`Additionally, Defendants have falsely claimed that Konnech is the subject of a
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`long-running FBI investigation, and that a grand jury indictment against Konnech is imminent.
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`Specifically, during the “Prophets and Patriots” podcast, Defendant Phillips claimed to have been
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`“involved in a major and mature counterintelligence operation with the FBI” investigating
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`Konnech.
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`44.
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`And during the “Patriot Games” podcast, Defendants claimed that they are working
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`with people “to bring this work to, to a grand jury for the first time,” and that they have the “support
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`of, of a major prosecutorial office in the United States . . . and [that] they are moving this along,”
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`thus further claiming, as a factual matter, that Konnech has committed unlawful acts worthy of
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`prosecution.
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`45.
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`But contrary to these unfounded accusations, Defendants admit they are the ones
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`who are the subject of an ongoing FBI investigation, which they have freely and repeatedly
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`admitted (if not boasted about) at the Pit and in each podcast on which they appear.
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`Defendants Falsely Accuse Konnech of Storing U.S. Poll Worker Data on Chinese Servers
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`46.
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`Further, Defendants have falsely accused Konnech of storing sensitive and personal
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`data—including social security numbers, email addresses, phone numbers, and banking
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`information—on 1.8 million U.S. poll workers on servers in China, and otherwise running their
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`election logistics application through Chinese servers. For example, on an August 31, 2022
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`podcast called “Stealing the Chinese Internet w/ Gregg Phillips of 2000 Mules,” Defendant Phillips
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`falsely claimed that he found an “unbelievable amount of data from a US company run by a
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`Chinese national . . . Yeah, the CCP. We later found out that there’s all kinds of data on this server.
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`There’s, there’s data from counties all over the United States where the servers installed, there’s
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`all sorts of other related software.”
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`47.
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`And during the September 5, 2022 “Tiger Project” podcast advertised by
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`Defendants, Defendant Phillips falsely claimed that Konnech “left a database open that had the
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`personal identifying information of over a million Americans living on an open server in China.”
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`48.
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` Similarly, on the “Here’s How They’ll Try to Steal the Midterm” podcast
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`mentioned above, Defendant Phillips falsely claimed that Konnech’s election software “apps were
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`running from China, the database is running in China. It’s on the Chinese internet, meaning the
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`Chinese own it.”
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`49.
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`And on the “Prophets and Patriots” podcast mentioned above, Defendant Phillips
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`falsely claimed that Konnech has “done military ballots,” and has “online voting systems that
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`they’ve created,” and that they were all “created by Chinese programmers[.]”
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`50.
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`But the truth of the matter is, all of Konnech’s U.S. customer data is secured and
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`stored exclusively on protected computers located within the United States. Konnech does not,
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`and has never, stored any actual customer or poll worker data on any server in China as Defendants
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`falsely claim. Konnech does not, and has never, performed any ballot counting, scanning, or
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`processing in any U.S. election. And furthermore, Konnech has never managed customer data for
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`1.8 million poll workers, or even a small fraction of that number, despite Defendants’ claiming to
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`find 1.8 million U.S. poll worker records on a Konnech server in China.
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`Defendants Falsely Accuse Konnech of Being a Vehicle for the Chinese Communist Party
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`51. Moreover, Defendants have maliciously and dangerously claimed that Konnech
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`and its founder and CEO are members of and, in fact, spies for the Chinese Communist Party, who
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`are using Konnech to spy and commit fraud in connection with U.S. elections.
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`Case 4:22-cv-