Saldarriaga Order: Letters and Transcripts

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 1 of 38
1-
- --
- --
USDS SD1r'/
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
IDOCUi/'~NT
iELECTF ONICAI r.
,,DOCi:
I DATE h'.~-7~<Dj__! ~
UNITED STATES OF AMERICA,

-v-
No. l 5-cr-136 (RJS)

ORDER
ERIC SALDARRIAGA,
Defendant.
RICHARD J. SULLIVAN, District Judge:

The Court is in receipt of the attached joint submission from the parties containing
proposed redactions to Defendant 's sentencing submission and the sentencing transcript from June
26, 2015. After carefully reviewing the submission, the Court determines that the privacy interests
of Defendant and other indi viduals who submitted letters on behalf of Defendant outweigh the
presumption in favor of open records with respect to the proposed redactions. See United States
v. Amodeo, 71 F.3d 1044, 1048- 51 (2d Cir. 1995). Accordingly, the Clerk of the Court is
respectfully directed to docket this submission. In addition, IT IS HEREBY ORDERED THAT
the parties shall file unredacted versions of the submission under seal.
SO ORDERED.
Dated:
July 6, 2015
New York, New York
UNITED STATES DISTRICT JUDGE
March 201h, 2015
Dear Honorable Judge Sullivan:
It is with a heavy heart that I write this character letter on my husband Eric Saldarriaga. Eric and I started
dating on March 2, 1996 and were married on June 3, 2006. Eric and I met in high school and started
dating while I was in my college years. As Eric and I grew closer together I learned that he had a tough
childhood. Eric's parents divorced when he was 15 years old, his father left his mother for another
women because his mother
Eric's father moved to Texas and on Eric's first visit with his
father his father did not want to return Eric to his mother. Eric and his father always had a rocky
relationship. Eric always had anger toward his father for leaving them the way that he did . While Eric
was in high school he had to work to help support his mother eventually forcing Eric to drop out of high
school so that he can work fulltime. Eric took a class called Auto Shop in high school and therefore
learned a lot and went to work for a mechanic. Eventually Eric could no longer work as a mechanic
because a piece of large machinery fell on his back and therefore Eric had to find another way to
support himself and help his mother. Eric went to work for Macy's as a store detective and while he was
there met a Private Investigator that took him under his wing and taught Eric what he knew about the
business. Aside from helping his mother 15 years ago Eric's uncle passed away in Puerto Rico from
alcohol overdose and therefore his grandmother had to come live with Eric and his mother.
I met Eric w hile he was working in Macy's. Eric had no clue how to work a computer he couldn't even
afford to buy his own computer. I volunteered to purchase his first computer and he would pay me
monthly for it. Eventually Eric was able to finish paying the bill off as well as learn what he needed to
learn to work as a private investigator.
Eric and I married on June 3, 2006 and on December 19, 2008 we had our first son Christopher William
and on June 24th 2010 we had our second son Gabriel Alexander. Your Honor working as a private
investigator is how Eric helps support his immediate family (myself and the boys), helps his mother who
continues
and his grandmother. You're Honor over the years many people have told
Eric to give up on his mother but he won't and for as long as he won't I will stand by his side because it is
his mother and she did raise him on her own. Eric takes both his mother and grandmother to every
land
therapy appointments. Eric has had a rough life growing up and

doctor appointments,
aside from his mother and grandmother who depend on him on a daily basis Eric also helps his father
about 5 years ago. Eric is constantly worried
when needed. Eric's father suffered from
about his father. There is not much his father ca n afford so Eric pays for his cell phone so that he can
keep in touch with his father.
Despite my husband's upbringing your Honor he turned out to be a good person with a tremendous
heart. He is a great husband and a fantastic father. Your Honor my husband shares all household and
parenting duties with me. There is nothing that I would do for my family that he would not. In the
morning once the four of us are ready to leave the house and start our day my husband drops me off at
the train station and then proceeds to take the boys to school. He picks them up at 2:10 and 2:30, makes
them lunch and does homework with them and on days where time permits he will prepare dinner as
well. Eric stops by his mother's house when time permits and prepares meals for them as well. Your
Honor if my husband is taken from us I can't do the majority of what he does on my own. Financially I
cannot help his family and due to my work schedule and location I cannot pick up the boys from school.
Every free moment that my husband has is dedicated to his fami ly.
Your Honor my husband volunteers for many organizations aside from the organizations he is always
asked by the teachers at my son's school if he can attend the trips or volunteer at the school because
having him on the trips/school events truly is a big help for the teachers. Eric is always thinking of safety
first for the children, he is sometimes the only male that volunteers for the trips and the teachers really
need a ma le to stay in the boys restroom making sure every male child is accounted for. My husband
will go out of his way to help anyone that is injured or needs help in the streets. My husband and I took
our boys sledding at the loca l park during the first big snow storm of the year 2015 when a boy who was
sledding with his friends crashed into the wall. My husband helped pull the boy up the hill took full
control of the situation by putting the boy on a cardboard, covered him with a warm blanket, splinted
his leg the best he cou ld whi le someone called 911. When EMS got there they asked who did this he said
he did and they asked him if he was an EMS worker Eric responded no he just wanted to help. The EMS
workers told him he did a good job and they took the boy.
Your Honor since my husband's case with the government began he has been an emotional mess. The
day after our apartment was raided my husband thought he was hearing noises that the FED's were
coming to take him. He began to say his good byes to myself and the children. My children were terrified
and my brother in law had to come hold him until he would calm down. I remember all he would repeat
is what the FEDS said to him when they first raided our apartment "how would you like for your
chi ldren's first plane ride to be to come see you in orange" (at this time my children had never been on a
plane and we had booked our first trip on a plane as a family to Disney). Eventually we spoke with his
doctors and they agreed that he had to be medicated. Your Honor my husband has several medical
conditions but we had to treat the situation on hand at the moment which was causing all those medical
issues to worsen. Once my husband was medicated he was calm but would fall asleep and I could not
get him up. There were times I had to leave him on the couch because he would not wake up, there
were times in the middle of the night that I would try to wake him up to help me with the boys and he
could not wake up. This is very unusual for my husband because since day one that we had our boys he
has always been hands on. There were many times that my children would ask me if daddy was ok.
There were times when my husband had to work late due to a federal assignment and my children
would cry and ask if daddy was coming home.
Your Honor when my husband made the choice to cooperate with the government he gave them 110%
of his loyalty and time when asked. There were several times that my husband went to their office for a
meeting and they would cancel just as he was walking into the building. There is one situation my
husband still lives in fear of, the FED's told my husband to reach out to these particular clients that from
my understanding are very dangerous and powerful clients. My husband explain to the FED' s that these
are powerful people and that he would rather not reach because they are oversees and the FED's would
have no jurisdiction in and the only thing that they would be doing is creating an enemy for my husband
and endangering his and his families lives. The FED's insisted that he do as he was told because they
could do anything and would definitely get approval from their higher ups to get these folks. My
husband did as he was told and was then told by the FE D's that they would not be able to peruse these
people because they were oversees and my husband was right. My husband was in tears because he
looked suspicious to these people who kept following up with him and he was not responding as well as
endangering our lives. There were several times that they would schedule a meeting with my husband
and then cancel when he was already there. It would break my heart to hear the tone in is voice when
he was stood up by them because he lost a day of work especially now when he could not afford to lose
any days of work. He was told by the FED's to tell me that there may be things he would have to do that
I would not agree with but for the sake of my husband I dealt with it.
My husband expressed many concerns with the FED's and once was he did not want the media to get
involved . While my husband was cooperating with the FED's a friend of my husband who lives in Canada
saw an article in the paper that mentioned that a Pl in NY was expected to plead guilty in the coming
months. My husband's name was not mentioned but it was clear that it was about him because of how
the article was written. My husband was in tears and all he kept saying was why they would endanger
my family and my life when I am cooperating. It seems like when the FED's were done using my
husband and realized he was not who they thought he was all bets were off. Things turned very quickly
it then became a rush for him to make a decision if he was going to take a plea. They were in a rush to
close their case and did not want to waste any more of the government's money so they gave him the
option to plead guilty.
On Friday March 61h after my husband pleaded guilty in your courtroom around 9:00pm my husband
began receiving calls from fellow people in his industry that they saw the paper and that he pleaded
guilty to hacking. The worst part was that it said my husband was cooperating with the government.
Once again putting him and his family's life in danger my husband was in tears and petrified.
Your Honor my husband really is a good person that made a mistake. He has never hurt anyone and
would never hurt anyone. I am begging that you look at this situation as a onetime offense and grant my
husband his freedom to be with his children. I am begging you to please grant him a second chance and
let him work to provide for his family. It would destroy him if he could not provide for his family and
continue to help his parents and grandmother, we honestly don't know where it would leave them
without Eric, not to mention to take care of his health . Your Honor my husband has learned a big lesion
in a way that none of us could even imagine. You Honor I know that if you grant my husband his
freedom and if possible an opportunity to work again you would never see him in your court room
again .
Thanking you in advance for your time in reading my letter
Anna Saldarriaga
April 23, 2015
Honorable Richard J. Sullivan

United States District Judge
Your Honor:
My name is Enio Bencosme, I am a retired 151 grade Detective of the New York City Police
Department. I am writing to you on the behalf of Eric Saldarriaga.
I have known Eric for over 40 years, since we were young boys growing up around the block from
each other. Eric has always been a good hearted individual, who was always there to help anyone who
needed his help. One of the great things about Eric is that he always goes above and beyond to help
someone without expecting anything in return. I have seen this selfless trait throughout the years in
both his personal and business life.
Eric is a family man who is dedicated to his family. He has always put his wife and two sons above
all. He has worked hard to teach his boys, to be respectful and honest. He is also dedicated to
supporting his mother and grandmother both financially and emotionally. He has also been there for his
brother, a retired New York City Police Officer. His brother was forced to retire and get a heart
transplant in order to live a productive life. I saw how Eric dropped everything to go and be with his
brother, to support him and his wife. He has always been there for them through the good and bad
putting his family before anything else.
This pending issue has put an enormous stress on Eric and his family. This is something that Eric
regrets getting himself involved in and is embarrassed that his family has had to go through this. There is
not one day that he is sorry for what he has put his family through and would anything to change this. I
know Eric has seen his errors and is truly sorry for his lack of judgement. I am confident that he will
never find himself in this position again.
I know Eric has some medical issues that have worsened with this situation. He has been depressed
and is being treated for it. He also has a heredity heart disease which needs to be treated, which lead his
brother to have a heart transplant.
Your Honor, Eric has cooperated with the FBI and United States Attorney's office from the time of
his arrest. He has done all they have asked him to do. I believe that this was one of the ways he believes
he could start his path of correcting his mistake. I ask you that you take into consideration his family and
Eric's medical condition when imposing your sentence. I am pleading that you be lenient when deciding
your sentencing. I believe this is a onetime error in judgement and that Eric has learned from his
mistake. It is something that I am confident that he will not commit again. I thank you for your time.
Sincerely,
Enio Bencosme
1s1 Grade Detective New York Police Department
June 17, 20 15
Honorable Judge Richard J. Sullivan
U.S District Cou1t, Southern District of New York
40 Foley Square
New York, NY I 0007
Dear Judge Sullivan:
I write to you today with great humility and remorse to ask that, for the sake of my beloved
family whom I care for with all my hea1t, you show leniency in my sentenc ing. I have pied
guilty to a felony and, for the past 15 months, have ca1Tied on my s ho ulders the heavy burden of
the crimes that I committed. Every day, I look back at the poor choices that I made and how they
have negatively impacted my family, the investigations industry, my clients and myself. The
pain and suffering that I have caused m y loved o nes and anyone affected is irreversible. The
ramifications of what I have done can never be taken back, and I am ashamed that my two yo ung
sons have had to witness their father's helplessness and hopelessness during my dark times.
Although I think they are too young to understand, my (6) year o ld son, no lo nger asks me .. w hy
are you crying.. but just hugs and kisses me . Unfortunately, he does unders tand my pain to some
degree. I hope that my acceptance of responsibility for the crimes I committed serves as a n
example to my children and an impo1tant life lesson for them. My kids like to role play as
.. cops'",
talks about being a Police Onicer, and follow ing in my brothers footsteps.
It will be so difficult to one day explain to my kids that I am a convicted felon.
My children,
(age 6) and
4 - turning 5 on June
are my
life. My wife, Anna, who has been my best fri end since high school, works full time in the
corporate world, so I have been the ir primary caregiver since their birth. I volunteer at my
children 's schoo l as v,1ell as with organizations like the Pol~y Klaas Fo1111datio11 to he lp find
missing children, attend PTA meetings, chaperone school trips, and accompany my sons to
almost all of the ir afterschool acti vities.
is a December baby, making him one of the
youngest students in his class, w hich causes him to struggle with learning and adapting to things
like .. common core math .. and reading. o father wants to see his c hild fall behind, so I spend at
least an hour a day practicing and studying w ith him . I want nothing more than to g ive my boys
the nu1turing parenting that I never received. Now, I feel like an endless failure to the m due to
my c rimes resulting in my felony plea. How could I lead by example whe n I am now a fe lo n? I
suppose that the best lesson I can pass on to them is that .. no one is exempt from the law, and
the re are serious conseq uences for those who feel they are .. !
There is absolutely nothing I would not do for m y boys. I have made every effort to be an
exemplary and involved fathe r, pa1ticularly s ince my own father left when I was 14 years old .
know what it is like to be a young Hispanic man growing up in New York City w ithout a
father. It is terrible that I have become yet another statistic-a minority father from a broken
home, raised by a s ingle alcohol ic mother, and now facing incarceration-preparing to mi ss out
on the impo rtant da ys of hi s young ch ildren's li ves. I a lso fear that I will not be there for my
mother and 93-year-old grandmother, both of whom are in poor health and rely o n me sole ly for
their care and financ ial support. I am their only next of kin living in New York. But the

Letter to Judge Richard Sullivan
From Eric Saldarriaga
circumstances I am in are no ones fau lt but my own. and I am struggling mentally and
physically to prepare to face the consequences, whatever they may be.
Over the past 15 months, I have been consumed with guilt, extreme anxiety, and hum ili at ion over
the actions that have led me to thi s point. The mental anguish that I feel has led me to seek
weekl y counseling and psychiatric help. For the past months, I have relied on the aid of ant idepression and anti-anxiety medi cations, to get through the day. In additi on to a decline in my
mental hea lth, I feel my phys ica l hea lth problems worsen. I have a history of hypertension for
cond ition that makes
over ten years, and I also suffer from
everal years ago, I underwent a
procedure to remedy this
, but it was not successfu l. I am diligent with my
medications, and I exercise carefu lly to avoid any episodes, but this is a problem that I wi ll
have to dea l with for the rest of my life. I also have a
111 my
With my heightened anxiety, I blood pressure has been difficult to manage. I am currently
working with several doctors to keep these medical issues under control, but my overall health
has declined and I fear to fall ill to the heredity hea11 disease which warranted by brother"s hea11
transplant at the age of 40.
With an intended goal to help people in need, I far overstepped what was legal. I should have
known better, and yet I chose the wrong path. Although my actions did not cause anyone any
monetary losses, I still violated the trust of my community, the people who respected me, the
government, and the law. I am embarrassed by my lack of good judgement and take full
responsibility fo r my actions.
Although I deeply regret the decisions I made, I know in my hea11 that under many
circumstances I committed crimes in an effort to do something good for those in need. For
example, in one pa1ticular case, a man
contacted me after having hired
did
two well-known private investigators who fai led to produce positive results. Mr. a convincing job of po11raying himself as a helpless victim who had been scammed out of
$ 150,000 by his ex-fiance. In an effort to help this victim, I intrnded into Mr.
exfiance 's email account without hi s knowledge. Upon reviewing the materials that I came across,
I quickly realized that Mr. had not been truthful with me and was, in fact, a stalker
and dangerous. I felt that the information in my hands would have caused hann to his ex-fiance.
Therefore, I made the decision to cease the investi gation, never shared any infonnation with him
~hat I did or found and I never requested nor accepted any compensation from Mr.
- - Instead, I sent an anonymous letter to his ex-fiance warning her of hi s attempts to
stalk her and to obtain her new residential address. I later found out that my instincts about this
case had been correct-According to the ew York Post, Mr. was arrested in 20 15
for threatening his girlfriend with a butcher knife. Desp ite the illegality of my actions, I take
solace in the fact that I may have protected a potenti al victim from serious harm.
Page 2 of4

Letter t o Judge Richard Sullivan
On most occasions, I spent my own resources to obtain information that never had potentia l for
financial gain. For instance, several cases came across my desk that involved child molestation
and abuse. When conventional methods failed , I did reso1t to using hacking services, and some
of these serv ices aided in the protection of children . The gain for me in these cases was not
financ ial ; it was personal , as I thought of my own children and their vulnerabil ity. It was this
type of thinking, however, that clouded my judgement and allowed me to begin us ing these
services in the first place. Now I am left with a lifetime of regret as I cope with the fa llout of my
actions.
Following the events of March I 3, 2014, when the FBI came to my door, I did everything that I
could to cooperate with the government. I followed instructions diligently, attended every
meeting, and was very eager to assist. I provided any and all information that I could regarding
persons of interest and received praise from the Specia l Agents for my effo1ts. In one such case,
, the head of the
, to
I was able to connect
I recorded ca lls
a private investigator who has conducted illega l investigations for
and myself during which confinned that he had requested
between
discussed
hacking services in the past. I secured hours o f records in which confidential matters that were troubling to the I conducted pro-bono surveillances in
order to lure into something fruitfu l for the FBI.
In another case, on April 8, 2014, I informed the Spec ia l Agents that a person of interest to them
had reac hed out to me and asked me to obtain a password for another individual. The agents felt
strongly about me following up on this lead and advised me to use very specific language with
this person of interest so that the recordings and text messages obtained would c learly capture
the illegality of the interaction. Although I felt that use of this language wou ld raise eyebrows
and cause suspicion to the person o f interest, I did as I was told . I continued to mislead and stall
the person of interest (pursuant to instructions from the FB I). I was, the refore, surprised and
alarmed when the FB I began canceli ng meetings with me and avoiding me for weeks to follow.
Eventually, the FB I mentioned that they ..dropped the ball" in following up with the materia ls I
provided and did not plan to pursue that person o f inte rest.
Soon after this, I was fu1ther di stressed to discover that my case had been leaked to the press and
that the deta ils of my case and cooperation had been published in the Nell' York Times. The
unintended consequences from this turn of events are quite serious for m y fam ily and me. We
are now in da nger for no other reason than the fact that my cooperation was leaked to the media.
How can the FBI know w here a threat w ill be coming from and how can they assess that threat
when it is no longer narrowed to the "Persons of Interest"? I now fear for the safety of my
family. The person of interest w ith w hom I was interacting has significant and direct ties to
international governments. The person w hose infonnation he requested I intrude upon appears to
have been a key player in a recentl y repo1ted .. internationa l he ist ... It is fully possible (and
probable) that the person of inte rest w ith whom I interacted knows about my cooperation w ith
the U.S. government. The non-expiring danger that this presents for m y family is real, and I wi ll
have to li ve w ith the fact that I put myself and my fa mi ly in harm 's way in an effort to clear my
own name and prove my loyalty to the governme nt.
Page 3 of4

Letter to Judge Richard Sullivan
The stress and shame that J have caused my family, peers, and extended loved ones is
irreparable, and the ramifications of what I have done are permanent. Pleading to a felony will
forever alter m y life. The loss of my private investigator s license has diminished my
oppo11unities to financially support my fami ly. The decreased viability of my business and the
lack of trust from colleagues are just a few of the consequences of my actions. What hur1s just as
much is the stigma I will feel in my community. J value my position as a volunteer for my
children s schoo ls and spo11ing activities and the Astoria Homeowners and Tenants Association,
and now I must withdraw myself from many of the positions I hold. I am embarrassed and
saddened by the lifelong consequences I've brought upon myself by committing a fel ony. I am
emba1nssed and very remorseful to the v ictims w hose privacy I violated. I wish I cou ld undo
any distress they may feel once they learn of my actions.
A client of mine, a single father, recently asked me for advice regarding the purchase of online
spyware which he intended to use on his new girlfriend. This man had just gone through a
horrible divorce and had lost all trust in women. I hegged him to please think of the
consequences that any illegal actions could have on him and to think of his son! I shared my
story with him, telling him that this happened to a friend of mine", as I was too ashamed to
divulge the truth to him.
I humbly pray that you will provide me with the oppo11unity to redeem myself. If I am granted
freedom, I promise to coach those with less guidance. Such freedom, even while under
supervision, wou ld permit me to pick up the pieces of my life and move forward to work harder
and provide for my family in a legitimate fashion. I have a lot to make up for and I am eager to
rebuild my life. I want nothing more than to be a better example to my children each and every
day. I will use every moment 1 have with them to steer them away from any unlawfu l activity
and guide the m to a better life than 1 have led . My wife, mother, grandmother, and children have
suffered tre mendously fo r no reason other than my own ignorance, and any period of
incarceration wou ld destroy them. I leave it in God's hands a nd in your hands to please sentence
me to no period of incarceration and g ive me the opportunity to continue to be present for my
family. 1 want to be a productive member of society. I humbl y beg for your forgiveness and
consideration.
With Gratitude,
Eric Saldarriaga
Page 4 of 4
COMPUTER EVIDENCE RECOVERY. INC.

Canada's Premier Computer Investigation Agency
Suite 300, 160 Quarry Park Blvd SE, Calgary, Alberta, Canada T2C 3G3
www.computerpi.com
Tel : (403) 703-4846 Toll Free: (866) 703-4846 Fax: (403) 770-8158
kevin@computerpi.com
May 28, 2015

United States District Judge
Dear Judge Sullivan,

My name is Kevin Ripa, and I am writing this letter in support of Eric Saldarriaga for the
benefit of his Honor.
I have known Eric both professionally and personally for approximately 15 years now,
and was completely shocked at the charges levied against him recently, and his
subsequent guilty plea.
This transgression notwithstanding, Eric and I have consulted each other in many
matters throughout North America, and I have noted Eric to always be involved closely
with his community and his family. He is actively engaged with the PTA at his school,
and has used his knowledge of security and safety to bring about positive change in
more than one area.
Eric has a wonderful family with two young boys, and they would suffer considerably
more than they already have, if Eric was to be incarcerated. In talking with him at length
since this episode came to light, I can categorically state that he fully understands the
gravity of his error and the situation it has created for him, and I know that he would
never attempt such an offence again. It is my belief that any period of incarceration
would serve no purpose in terms of sending a strong message to him. He already fully
understands what he has done, and remanding him would severely negatively affect not
only his already poor health, but also his family, who has already suffered greatly
through no fault of their own.
In addition , in contravention of the agreed upon terms of his guilty plea , the government
has now notified not only victims, but individuals that were never victimized in the
offence. This is sure to cause Eric further harm for the long term, both in the civil legal
arena , and I don't think it can be overstated , in terms of the safety and security of his
family.
It has been clear from the beginning that the government thought they had caught a
major league criminal when they caught Eric, and as the investigation proceeded, it
became quickly obvious that Eric is by no means an organized hacker, or computer
threat on any level. I don't say that to minimize the negative affects of Eric's actions, or
make excuses for his lack of judgment in this case , however, I plead with his Honor to
please consider all of the good that Eric has done, both publicly, and for his fam ily,
when considering incarceration. Eric will already suffer greatly due to the felony
conviction and losing the license that gave him the ability to practice his livelihood.
Sincerely,
)~q.~
Kevin J. Ripa , Pl, EnCE , CORP, CEH
Director of Investigations
Alberta Department of Justice PA 23266.19.2011
March 4. ~OJ 5
I Ionorablc Richard .I. Sul Ii\ an
l 'nitcd States Di ~ trict Judge
B) hand
Re: Lric Saldarriaga
My name is Michael Pini. I am a retired l nitcd State::, Vlarshal. \\ riting on behalf of hie
Saldarriaga who I understand is facing a sentence before ynur honor in the near future.
I am \\riling the court in Lhc hope that the court \\ill be as lenient as possible regarding
hrics sentence as I bclilve Lric has suffered tremendous!) as a result of hi:-. lapse or
judgment in commilting this crime and will continue to suffer in the future as his chances
of' finding gainful employment'' ill diminish with this felony com iction.
I retired in J991 as Chief Dcput) CS \1arshal in SDl\Y :rnd returned as l '~ \ilarshal in
EDNY alter being appointed b) President Clinton in 1994. After retiring again in 1997. I
went into pri\'ate imestigativc \\Ork and in 1998 started my O\\n invcstigativl' firm in the
otfo.:es of Laura Brevet ti who is a former .t\USA and Strike Force Chief from l:DNY.
\\here I was introduced to Eric.
I got to knO\\ Eric \\ell enough to like him. trust him and work\\ ith him. I knc\\ hie to
be a hard worl~ing honest and law abiding individual as well as a good pro\'idcr and good
famil) man. Committing a crime i::i so out of character for Eric that I am honest I) st unncJ
by his admission to the c1 imc but confident in the belief that Eric has seen the error of his
judgment and is repentant for what he did. I am confident that Eric will neYer be im oh cd
in any illegal activit) again.
I am en>. arc that Eric \\as a most!) self taught computer smm1 indi' idual \\ho came to my
rescue a few times \Vhcn I \\as hacked or having trouble \\ith my limih:d kno\\ ledge of
computers as he \\a'> that kind of helpful person.
l lrno\\ Eric has ~ome scriou" medical issues ''hich includes some J'\.)rm of bleeding nn
the brain anJ is in trcalrm:nt for depression and an:...:ict) as it appl'ars lo me that he 11la)
have some llcreditai') heart disease issues "hi eh caused his brother a retired l\'YPD
ofliccr to hm can actual heart tran!-iplant.
I also knm\ that b"ic cares for hi s elckrl) grandmother and mother both ph) si<.:all: and
linanciall) as \\ell as raising his t\\o sons in the best manner possible ..
>.1) understanding is thm 1-ric cooperated '' ith the I Bl and l 1S attorney s office from the
time of his arrest until prl'Sent and did all that \\as asked of him and more. I :1lso
understand that l.ric s alleged crim~ hau nothing to do\\ ith an> inl"orrnatiL>n regarding
an) department or agcnC) of the l inited States \\hen he committed the offense.
Since Lrics pica in open court \\here he \\as unfortunate!) dcscrihccl as a gO\ernment
cooperator I fear that J:ric could he in some form of jeopard) from an) one \\ho ma) just
dc~pisc a gO\ crnment cooperator and certain!) from people'" ho hie had hccn in conwct
,,ith in the im c~tigativc "orld. especial]) from an) one who i~ <llrcad) in custod).
I hm c personal kno\\ kdge of hm\ cooperaror~ arc trcalcd during incarceration h) other
inmates.
I am appealing to) our honor to sentence l:ric to a perioJ of pro hat ion and not incarcaate
him for an) time a:, tlwt could he a death blo" not onl) to hie but to his \\ite and
children as \\di as his mother and grandmother \\ho he cares for.
In the nc\\~ recently \\as a st<W) that General David Perraeus the former CIA Director
''ho" ill gd the opporlunit) giYen to him h) the l 'niled States .lu~ticl' Department to pka
to a misdemeanor for unauthorii'ed removal and retention of classified material. I agree
\\itb that decision b) the .Justice Department but feel it !ooh like a double standard \\ith
regard to Lric \\ho had nothing to do \\ ith an:- crime against an) gm ernment agenc) hut
wa~ onl: given a Jelon; charge to pica to. ''hi ch in comparison to General Pctraeus seems
excessive to me.
If gi\ en the chance I bcliC\e that Lrie "ill once again be a good Im\ abiding citii'cn and
wil l prove to the court and C\'e1: one dsc that he is lotall) rehabilitated and\\ ill remain a
unshakable first-clas:, citil'.en until the end of his da) s.
rhank you
Michael Piui
United States Marshal EDNY ( Retired )

May14,2015
United States District Judge, Southern District of New York
My name is Peter Ortega, I am a retired 2 11c1 grade Detective of the New York City Police Depa11me nt. I am
writing to you on the behalf of Eric Saldarriaga.
I have known Eric for over 15 years and I've known him to be a thoughtful, considerate, giving person. Eric
has always been a good hea11ed individual , who was always there to help anyone who needed his help. 1 have
seen this altruistic trait throughout the years generally. On several occasions he had recruited in assisting him to
with difficult investigations in effo11 to obtain positive outcomes. Eric has always gone above and beyond to
help others. He clearly made a mistake and this time, he went 'beyond" of what was legal.
Eric has confided in me expressing his regret and emba1rnssment, which he and his family are now suffering
for. I know Eric has seen his errors and is truly sorry for his lack of judgment. I am confident that he will never
find himself in this position again.
Eric is dedicated to his family. In my opinion, as one of former 114 Precinct domestic violence investigators,
Eric is an exemplary family and community man. His two sons, (Ages four and six) are well mannered and well
behaved, which is a testament to his dedication to them and his Wife. Eric is extremely involved in his
children s school and is devoted in helping them with their education. Eric lives nearby his mother and
grandmother, who depend on him financially and as a healthcare guardian; he is their only adult, family
member living in NY.
This pending issue has put an enonnous stress on Eric and his family .I know Eric has medical issues, some that
have worsened with this situation. I understand that he being treated for Anxiety attacks, due to this legal issue.
He told me that has been taken Xanax for his Anxiety, I pray that he will not become dependent on this drug, as
long term use o f it, could have negative effects on him and his family. He also has a heredity hea11 disease, the
same as which lead his brother to have a heai1 transplant a few years ago. His brother developed
cardiomyopathy, while he was a police officer in the NYPD, ultimately causing his retirement.
Your Honor, Eric has cooperated with the FBI and United States Attorney's office throughout this process. He
has done all they have asked him to do. I believe that this was one of the ways he believed to make amends for
his mistakes. I ask you that you take into consideration his family, and his medical conditions when imposing
your sentence. I am pleading that you do not incarcerate Eric Saldarriaga. I believe this is a onetime error in
judgment and that Eric has learned from this negative experience. I believe that Eric will never commit this
error in judgment again.
Thank You very much for your time.
Sincerely Peter Ortega

2nd Grade Detective New York Police Department
Page 1of1
Thomas J. Bridges
June 2, 2015
Honorable Richard J. Sullivan,
United States District Judge,
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY I 0007
Dear Judge Sullivan
I am writing this letter on behalf of Eric Saldarriaga whom 1 have known for the last ten years. 1 am a
former federal officer in the Eastern District of New York and currently a New York State licensed
private investigator. I was introduced to Eric when 1 was beginning my career as a private investigator.
As I worked for and with Eric, I found him to be a diligent, hard-working and thorough investigator. In
the time that I have worked with Eric, we became not only trusted associates, but also close friends. He is
a very supportive and loyal individual and I am proud to call him a friend. The conduct for which he
pleaded guilty to is totally out of character for him as 1 have always found him to be an honest, Jawabiding man. It is unfortunate that his error in judgment has led to his current legal situation.
In addition to being a skilled investigator and trusted friend, 1 have come to know Eric to being a caring,
loving and devoted husband and father. He is completely dedicated to his wife, Anna and two young sons
and he is a true family man. Eric and Anna have done a great job raising their boys while providing a
caring and loving environment for them to grow up in. But Erics love and responsibilities for his family
doesntjust end there. Not only does Eric financially support and care for his wife and children, he is
also financially responsible for his own mother and grandmother, who reside near him. Eric's mother and
grandmother are unemployed and depend on him to pay their rent and utility bills. Hi s grandmother is 93
years old and his mother is 70 and they both are in poor health. I fear what would happen to his family his wife, children, mother and grandmother if the outcome of the pending matter against him would result
in him being incarcerated and unable to work and support his family. Aside from his immediate fami ly
responsibilities, Eric is very active in his community. He volunteers his time with the Poly Klass
Foundation (search/find missing children) as well as at hi s children 's school and PTA.
Despite being a relatively young man, Eric has several concerning medical issues such as Cerebral
Cavernous Malforn1ation (bleeding in brain), a cardiac condition as well as depression and anxiety. He is
under doctor's care for all these conditions that have been aggravated by nature of his contact wi th law
enforcement, activity while cooperating with the FBI, surrender, guilty plea and pending sentencing.
1 would like to bring to Your Honor' s attention that Eric is extremely remorseful and embarrassed by his
actions. His remorse and shame led him to voluntarily cooperating with FBI agents and the Assistant
U.S. Attorney. Pursuant to the direction of FBI case agents, Eric established contact with other "targets.,,

Re: Eric Saldarriaga
locally and domestically. Eric expressed fear of these targets from the very beginning. In one case, the
FBI pennitted Eric to accept an arrangement for a meeting from one of the targets who was traveling from
overseas to meet him. When the FBI decided to ten11inate Eric's voluntary cooperation, the target was
outraged that he spent in excess of $10,000 to travel to New York City only to learn that Eric had been
arrested and pleaded guilty the same day. Eric willfully maintained contact with said ..targets .. and
provided infonnation about these 'targets" to FBI agents. He did this knowing that he was putting
himself and his fami ly at risk especially if his cooperation was exposed and the individuals he was
providing infonnation about to the FBI became aware of it. Eri c's fears became a reality when several
weeks before his surrender and initial arraignment, Robert Goldstein, a reporter for the New York Times,
exposed the computer hacking offense, arrests and descriptions of the types of individuals involved. Eric
feels that his position has been compromised and he and his family have been put at risk. Nevertheless,
his intentions and efforts to provide infonnation to the FBI displayed his desire to initially make amends
for his behavior.
As a result of Eric's arrest, gui lty plea and pending felony conviction, he will no longer be able to work in
the capacity of a private investigator. The New York Department of State has infonned Eric that he can
no longer apply for a private investigators license. Word of his arrest and pending sentencing has
resulted in him losing many of his clients. This has already resulted in financial hardship for himself and
his family. In spite of the presentence report's sentencing g uideline range, Eric is very aware that Your
Honor has the authority to impose any sentence - even a sentence including a period of imprisonment. He
is fearful of what a sentence of imprisonment will do to him and his family as they are already suffering
from his poor judgment and illegal behavior in so many ways. It is my humble opinion that if Eric, a
candidate for U.S. Probation supervis ion, would be a .. model probationer'" as he is looking to put his life
back together.
In closing, I appreciate the time Your Honor has taken to read this letter regarding Eric Saldarri aga. As a
fonner federal officer of the courts, 1 have a healthy understanding and respect for the Court. I hope this
letter sheds some light on Eric Saldarriaga, a good, hard-working and devoted family man who made a
terrible mistake. I also hope you will consider the serious consequences and hardship facing him and
those dependent upon him if the felony conviction, which will prohibit him from working in the same
capacity of the only career he trul y knows, also results in any tenn of imprisonment. Your understanding
and any leniency will be sincerely appreciated.
Very truly yours,
Thomas J. Bridges
Page 2 of 3

Re: Eric Saldarriaga
Page3of3
Social Work Counseling Services, PLLL

TREATMENT SUMMARY
~
t~; .. l. ::: ... ;~,;,_~~
!'!"46::1
DOB: 10/24/1973
Date of Report: May 8, L'.015
r:,-;,.
~-d.-l11-.- i1,,...., h .... .,..,, ...
I
- ........ . .. .. ...~ .......
b"'
v .....
; ,...
hri~1-,,.,~,.,
., .... t.
.,,.
.
c-)J
, ...l.a<.
;-1!
~~v1 - 1 1
\
117 c""',., .. - .. ,
r ,... lll J5rjl:
~ 11t) J\,; J.v1\...\.... ..,, 1
l\.. ~V
PLLC with Shari Levin, LCSW, QCSW on November 26, 2014. He sought
treatment for issues rel ating to
:i.: ;:, .::u ........ ~:.r _,~ ; :: ;;~
treatment for the above mentioned issues, and attends individual
psychotherapy sessions on a weekly basis. Mr. Saldarriaga is compliant with
attending treatment.
Upon rntal-ce, Mr. ~awarriaga reported a history of
recently increasing in inten~ity Jue to legal i~;succ: :-:::.rl t l1eir '."',...!". t-i -.J
consequences. He r~2009 he fell and suffered a
.
, as well as a He was prescribed at that time, and
filled 2 prescriptions for this medication betwee n 2009-2013. He stated that
he suffers from
accident. He al~o
.-,>r:
.. ... ,i ,ir-.Hr.:>ir,p111g .....,,J
~ v1np
lt..V
11P
>: 1:.-:._,.,.r1
1> V.i " .... , , , , _ ' '- V
.&J
J~
-t...--. ... '1...U
lu
L
issues after this rtccident. Copies of medical reports were requested and
furnished by Mr. Saldarriaga including:
1of4
was 15 years old, le~ving his mothe~ to raise him ;:inrl hi" hrnt11Pr HP. renorted
a relationship with him as a n adult. He dropped out of Long Island City High
School in 12th grade and pursued vocational classes. He has worked as an auto
mechanic, h eld security jobs, and as a private investigato r. He married in
2006, and has 2 sons, age 6 and 4. His wife is employed as an insurance
~ 111 rl t~r\" ; : ~ r
,. .
Mr. Saldarriaga b currently not employed due to icga1 issues sLem111111g 11 uw

c1 federal investigation, which began in March 2014. He was allegedly under
inves ti ga tion by the FBI for charges of cyber crimes, specifically hacking
emails without co nsent. This investigation has been th e focus of Mr.
'.JzJdarriaq~:'s lifc for the pric;t vc>ar. He :1rccpted a plea to Cl felor~ y cha i ~ 'll
May 2015, which resulted in him losing his license to work as a private
investigator. This e'/Cnt and decision has sc nL l:L.i i n i.u .. :::.: 0 .. ~ .. _.. .' , .; : .... ;""
episode. Ile repo1 ts feelings of worthlessness as a person, a husband anrl a
father.
2 of 4
Ile states that he will not be able to provide a satisfactory income for his
family. He reports feelings of hopeless, and helplessness. He tears ror 111s 111e,
due to media articles that were published with his name and charges. He
believes that clien ts may be under the perception that he was an informa nt
and seek retribution.
Mr. Saldarriaga's current mental status is as follows : He is a 41.7-year-old
male of Puerto Rican descent. He is well oroomt:--~ cuu ~
is
. His
mood shifts from anxious to depressed, with periods of irritab ility and
hostility a lternating with tearfulness and crying. His thoug~
with no evidC'nce of a formal thou g ht disorder. He reports , and is prese!"1l1y able Lu contract for safety. No homicidal
ideation is present at this time. His attention rinci ronrentrcitirrn i~ limiterl . and
he ra id! chanaes to ics at times faiJino to return to the initial conversation.
He is diagnosed as follows:
Mr. Saldarriaga's mental s tatus has continued to decline consistently after

accepting the felony plea bargain. He ruminates and perseverates as to
wheth~r h e made the right decision, ~ n June. He has
begu,1 uJ
I have suggested
referral to a psychiatrist for an evJ lua tion anrl mPrlir~tinn ni.::in;:iopnwnt. He
current! is Jrcscribed
e reports comp 1an
.. .
, relief. He continues to exhibit
Treatment focuses on symptom relief, and is dialectically based, focusing on

cognitive distortions, mindfulness, emotional regulation and distress
tolerance. Progress is slow due to his cognitive impairment a nd persever;:ition.
It is my opinion that in ca rcerdtion would profoundlv impact his depression
a nd cause rapid decompcnsation. 1 recommend probation as an alternative to
incarceration.
'
~L- ( (; .1
Shari Levin, LCSW, QCSW
Clinical Ps ychotherapist
Execuuve Director
29-24 Hoyt Avenue South

Astoria, NY 11102
718- 721- 0633

7 it_, /.: :.. L!t '}'J
ia~'-:
cou ns cl i ng. cc n t Pr@g111;1iJ.cc1111
4 of 4
Social \/\lark Counseling Services, PLLC

New beginnings are always possible
A
an (."\ 1
(C,W
CEO & Exc>c t1v
"'V
"
Q WI
u c
Addendum to Eric Saldarriaga's Treatment Summary

Pg 2
First paragraph:
given with a lmonth supply.
prescriptions were
Third Paragraph: Hi:> brother has a history nf liP;:irt rli,Pri<:;P rincl

cardiomyopathy since a e 23. He was a NYPD officer for 12 ears and
retired at 40 due to
Pg 3
First Paragraph: Substitute last sentence with this one: He is aware that
clients now know that he cooperated with the FB1 prosecuwr ~ 0111ct:
a nd is significantly concerned that they may seek retribution.

1
XF6VSALC
..
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
- -- - ---- - ---- -- -- - - - -- -- --- -- -x
UNITED STATES OF AMERICA,
.'
\~--
SEALED
ERIC SALDARRIAGA,
Defendant.
6
7
15 CR 136 {RJS )
v.
CONFERENCE
- -----------------------------x
New York, N. Y.
June 26, 2015
2:23 p.m.
8
9
10
Before :
11
..
HON. RICHARD J. SULLIVAN,

12
District Judge
13
I
I;
14
APPEARANCES
15
16
17
PREET BHARARA,
United States Attorney for the
Southern District of New York
DANIEL S. NOBLE
Assistant United States Attorney
18
19
PETER E. BRILL
Attorney for Defendant
20
21
22
23
24
25
SOUTHERN DISTRICT REPORTERS, P.C .
{212) 805-0300

2
SEALED
XF6VSALC
1
(In the robing room)
THE COURT:
about sealing in this case, and I wanted to do that before we
go into open court.
The government requested -- and I granted -- that two

paragraphs be sealed from the sentencing letter.
MR. NOBLE:
One paragraph.
THE COURT:
One paragraph, I guess spanning two pages.
MR. NOBLE:
Yes.
10
THE COURT:
The defense sl.:1bmissions have nothing,
11
I wanted to very briefly talk
l {
All right.
right?
You filed a redacted version of all. of this
12
MR. BRILL:
13
THE COURT:
14
15
Yes,
y~ur
Honor .
that makes no reference to any attempts
at cooperation, right?
The
p~oblem,
as I see it, is there's a New York Times
16
article in which the government is sort of perceived as loudly
17
making a sentencing recommendation for a custodial sentence
18
because the importance of sending the message about how serious
19
this conduct is .
20
the Court saying that this kind of hacking has to stop and it's
21
really important that the people responsible for the hacking be
22
identified and brought to justice.
23
There are people who have written letters to
But what's not before anybody in the public, including
24
the victims, is that there were attempts to do just that.
25
There's'an allegation that the government wasn't particularly
SOUTHERN DISTRICT REPORTERS, P.C.

(212) 805 - 0300

3
SEALED
XF6VSALC
1
interested.
things, but not make them public.
to be
considerations, and that concerns me.
~ssessing
And then the public is going
my sentence without knowledge about those
I have to say, I'm not sure I see that there's really
been any danger that has been articulated, other than the
vaguest assertions that come inherently and generically with
cooperation.
And so I'm going to be asked to consider those
So I guess I'm happy to hear either of you.
MR. BRILL:
I think, just to add to the Court's
10
computation, is the fact that there also is at least a couple
11
of words in the earlier Times article based upon what we
12
believe was an FBI leak, and the article that
13
night also referencing some cooperation.
appeare~
last
ff
14
THE COURT:
It says he's been cooperative, which
15
doesn't mean . necessarily that someone is cooperating; it means
16
that they are not running away, they are not denying anything,
17
they are producing documents, whatever.
18
19
MR. BRILL:
Right.
I think why Mr. Goldstein said it
that way, to avoid t h e full understanding of that term .
.,
20
Mr. Saldarriaga is very concer ned_, justified or no.
21
THE COURT:
Well, it has to be justified.
22
MR. BRILL:
For his own safety.
23
THE COURT:
I don't doubt the sincerity of his
24
25
concern, but I have to get to the justification of it.

Who is going to be reacting or retaliating against
SOUTHERN DISTRICT REPORTERS, P . C.
(212) 805-0300

4
SEALED
XF6VSALC
1
Mr. Saldarriaga as a result of the attempts at cooperation?

MR. BRILL:
I think we know the reputation of the
3
4
5
6
7
8
9
: r
so that would .be the primary concern.

There was an individual who Mr. Saldarriaga had
10
recorded on numerous occasions, an individual named
11
from overseas, who he had made multiple suggestions to the FBI
12
about their
13
fact, he came to the country
14
chose not to follow through on.
a~ility
and arrest him which, they

That's in reference to that
bribery scandal.
15
16
to bring him to the country -- and, in
THE COURT:
Look, my point is this:
I think these are
17
all very valid considerations as to what's an appropriate
18
sentence within the range.
19
to know what the considerations were of the Court.
20
all of that, and then have the government basically telling me
21
how important it is that people who commit these crimes get a
22
jail term I think at least opens the door to there being real
23
confusion here; that they are going to mischaracterize my
24
sentencing because they don't know all the things that I
25
considered.
And I think the public has a right

(212) 805 -0 300
And to hide

5
SEALED
XF6VSALC
And so unless, I think, someone .can really articulate
1
2
for me why there is a need to keep under wraps the efforts that
Mr. Saldarriaga made, then I don't think the presumption of
open records has been overcome, and I don't think there is any
basis for me to seal references to those materials going
forward.
1(
''
That's why I wanted to do this before we go out there,
to give you an opportunity to respond.
But my inclination is
to unseal the things that have been redacted and/or to docket
10
unredacted versions of what's been redacted with some minor
11
exceptions, including the names of children, Social Security,
12
addresses, bank accounts; to the extent there's anything like
13
that in the record, those should be redacted and by law, they
14
are supposed to be redacted.
15
cooperation I think should not
But references to attempts at

b~
redacted or sealed.
16
MR. BRILL:
Along with specifics?
17
THE COURT :
For example, mentioning the name that you
18
mentioned, I don't know that that's necessary.
19
general nature of the attempts to be cooperative with the
20
government are ones that -- it doesn't merit a SK, but it
21
certainly is relevant under 3553(a).
22
MR. BRILL:
I'm sorry .
23
THE COURT:
That's fine.
24
(Pause)
25
MR. BRILL:
But I think the
Judge, Mr. Saldarriaga has, even last
SOUTHERN DISTRICT REPORTERS , P.C.

(21 2 ) 805 -0 300

6
XF6VSALC
1
night, received phone calls with generalized threats.
THE COURT:
From whom?
MR. BRILL:
We don 1 t know.
THE COURT:
What were the threats?
MR. BRILL:
You 1 d like to hear it directly from
Mr. Saldarriaga?
THE COURT:
No, you 1 re his attorney, you can say it.
MR. BRILL:
It essentially was, Can you talk
9
10
11
12
..
SEALED
I was
on the phone with him at the time, so he clicked over to the

other phone call.
He explained to me afterwards, the person said, Can
you talk now?
13
He says, Who are you?
14
The person says, It doesn 1 t matter.
15
He says, No, I don't have time to talk.
16
And the person says something to the effect of, pardon
17
18
19
20
Can you talk?
my language, I'm going to fuck you tomorrow.

THE COURT:
Well, I don ' t know what that means.
I 1m
not sure that ' s because of cooperation or because of the crime?

There was a New York Times story today which is
The Times has a right to publish
21
neither good nor bad.
22
whatever stories they want; but it certainly has attracted
23
attention.
24
of hacking are the ones who are calling.
25
think that it's coming from the people or the entities against
And it could be that people who don 1 t like the idea

I have no reason to

(212 ) 805-0300

7
SEALED
XF6VSALC
1
whom Mr. Saldarriaga attempted to cooperate.
2
3
Do you have any reason to think that it's from one

source as opposed to another?
MR. BRILL :
I have no basis one way or the other,
Judge.
May I just have one more moment with Mr. Saldarriaga?
THE COURT:
(Pause)
THE DEFENDANT:
Okay.
10
THE COURT:
11
THE DEFENDANT:
12
THE COURT:
13
THE DEFENDANT:
14
THE COURT:
15
16
17
Your Honor?
You can speak if you want .

May I address your Honor?
Yes.
Is this all under seal right now?
Well, there's no guarantees it is going to
remain under seal, so we are not in open court.

MR. BRILL:
Someone would have to or9er the minutes of
this hearing and the judge would have to grant it.
18
(Pause)
19
THE COURT:
Don't expect me to consider these things.
20
You can't sort of say that I 'm going to consider in a vacuum
21
everything that you're asking me to consider and to attach a
22
great weight to.
23
I don't let victims send me secret notes that you
24
don 1 .t get to look at; and I 1 m not going to sentence you on the
25
basis of secret information that nobody else gets to know

(212) 805-0300

8
XF6VSALC
1
about, unless the.r e's a very good reason to keep things secret.
So there's a presumption of open records.
2
3
Nobody has
moved to sealed this courtroom.
MR. NOBLE:
No.
THE COURT:
I'm doing this in my robing room for now
just out of precaution to make sure I don't do something that
would raise issues that could be potentially dangerous.
haven't heard anything so far to suggest
reason why I need to seal these proceedings, the transcripts,
10
~hat
But I
there's any
or the submissions at this point.

MR. NOBLE:
11
!(
SEALED
Judge, if I may address the letter that we
12
sent to the Court in support of our application to seal the one
13
paragraph .
14
Mr. Saldarriaga and . his counsel.
That was based on representations from
Specifically with regard to an individual that
15
16
Mr. Saldarriaga. recorded phone calls with, who was associated
17
with
18
he did feel a threat to his personal safety if that were to
19
become public .
20
today, but that was the basis for our sealing that, because we
21
did .have the reference in there to recorded phone calls in our
22
sentencing submission.
, it was our understanding that
I don't know
~f
that's how he still feels
23
THE COURT:
All right.
24
MR. NOBLE:
Just explain the basis
25
THE COURT:
That's fine.

(212) 805-0300

9
XF6VSALC
1
MR. NOBLE:
-- and -our understanding as to
THE COURT:
I'm not faulting anybody.
I'm just saying
that the presumption is open records and there needs to be an
articulation as to why the presumption has been overcome.
I haven't heard anything yet.
subjective fear is not enough; there has to be an articulable,
reasonable fear.
THE DEFENDANT:
THE COURT:
10
SEALED
And
The fact that somebody has a
Your Honor, if I may.
Yes.
THE PEFENDANT:
When I agreed to cooperate with the
11
government, I gave names of people and their positions.
And I
12
was assured by the government that the FBI conducts threat
13
assessments of people who I've been cooperating against; and
14
that they have been limited to a certain amount of people, the
15
people of interest.
16
THE COURT:
17
THE DEFENDANT:
Okay.
And, you know, one of those persons,
18
you know, I explained to
th~m
19
and had done a lot of
you know, a lot of wronsdoing
20
internationally, had a lot of money and ties with people in
21
foreign countries who are billionaires.
22
had ties in foreign governments
I provided -- the Court has information that could
23
have led to the arrest of these people.
I used language that
24
was language that I would never have used under the instruction
25
of the FBI, which raised suspicions to these people.

(212) 805-0300
And these

10
XF6VSALC
SEALED
people were coming to meet with me, at the last moment the FBI
seized interest in me or removed the recording device from me
to meet this person.
know; they have a bone to pick with me.

THE COURT:
So now this person saw the article; they
The issue is what are they going to do
about it.
Do you have any reason to think anybody is going to
do anything other than just look at you awkwardly the next time
you see them?

THE DEFENDANT:
Absolutely not, your Honor.
I think
10
these people, they feel probably the worries that I 've been
11
feeling for the
12
happen.
15 months, you know, what's going to
THE COURT: ' Do you think they are going to do
13
14
pas~
something to harm you?
15
THE DEFENDANT:
16
THE COURT:
17
THE DEFENDANT:
I do think that.
What's your basis for thinking that?

These are former military people,
po~itions
18
these are people who have
19
They have web.s ites where, you know, they train in camps, you
20 .
know, for investigations, you know, like paramilitary-type
21
training camps .
22
23
due to their protection.
.It's scary enough to me, your Honor, you know, as a

father.
You see this every day.
24
THE COURT:
I see this every day.
25
THE DEFENDANT:
I don't live this life every day, your

(212) 805 - 0300

11
XF6VSALC
1
Honor.
I have people who are at great risk.
There is an articulable basis to believe that. they will be
harmed.
concerned -- understandably, I'm not criticizing you -- because
this is uncharted waters for you.
that.
8
9
I'm in fear for my life.

THE COURT:
SEALED
I see no such basis here.
All I see is that you are
But it requires more than
I'm asking now the government, are you aware of any

reason to believe that any of the targets identified by
10
Mr. Saldarriaga who were investigated as a result of his
11
attempts at cooperation would retaliate against him in any way?
12
MR. NOBLE:
We have no specific information.
13
THE COURT:
General information?
14
MR. NOBLE:
No general information, other than the
15
fact that,
, the harassment that some
16
17
of the victims have suffered .f rorn their association or former
18
association with
19
tried to cooperate against somebody associated with
20 .
generally could lead to similar forms of harassment perhaps.
21
But we have no spec ific information.
22
23
THE COURT:
, the fa9t that Mr. Saldarriaga
The people who wrote letters, the victim
impact statements, those are not sealed at this point.
24
MR. NOBLE:
No, those are not sealed.
25
THE COURT:
It seems to me that those people are at
'

(212) 805 - 0300

12
XF6VSALC
SEALED
the risk of greater harassment than Mr. Saldarriaga at this
point; yet there's been no attempts to seal those submissions.
MR. BRILL :
habit of publicly announcing their position; so simply to seal
this one submission wouldn't change that very much.
THE COURT: All right.
anybody is going to retaliate against Mr. Saldarriaga or his
family, put their safety in jeopardy.

THE DEFENDANT:
Your Honor, if I may.
holds a very high position in
10
....
I have no reason to think that
I !"
I think, Judge, those people make it a
11
He held a great amount of confidence in me; he confided a lot
12
of things about
13
FBI, to the government, through my cooperation, that, you know,
14
he trusts me implicitly .
15
somebody implicitly, and they turn around and they stab you in
16
the back, there's no telling what he could do.
17
means and motive and the opportunity financially to do
18
anything, and to cause great distress to my family, to my
19
children, to anybody in my circle.
20
21
22
in me.
THE COURT:
And I proved that to the
And, you know, when you trust
What's he going to do?
You're just imagining.
And he has the
What's your fear?
It's not enough to imagine.
People cooperate against insider trading defendants
23
who have access to a lot of money, presumably, and yet there's
24
no articulable basis to think that they are going tc retaliate
25
in any way.
So it's all public and it's not the subject of a

(212) 805-0300 .

13
SEALED
XF6VSALC
1
sealing or redaction order.
I haven't seen i~ .
I don't see any basis here to
believe that there is going to be retaliation of the sort that
would overcome the presumption of open records.
think there's any need to list the specific names of targets
that were identified or potential targets identified .
fact that, generally speaking, Mr. Saldarriaga was cooperative,
that he met with agents, that he provided . assistance, that he
endeavored to do that on a long-term basis is something that's
So I don't
But the
10
relevant, I think
11
the sentencing, and it 1 s something that I don't
12 -
public should be kept from, because they have a right to know
13
what the Court is considering, unless the presumption of open
14
records has been overcome.
it'~
something that I'm going to consider in

the
thin~
', II
...
15
And I don't see that here.
So I'll allow the parties to make proposals with
16
respect to redactions, minor redactions along the lines of what
17
I 1 ve just proposed -- or not proposed, just stated.
18
general fact of cooperation, efforts at cooperation I think are
19
things I'm going to talk about; I think the submissions talk
20
about it; I think the submissions will be unsealed with respect
21
to any references to general efforts at cooperation.
22
just want to let you know that that s what .we re going to do.
23
But the
And so I
MR. BRILL: . From my perspective, your Honor, t hat
24
would be substantially unsealing -- or completely unsealing, I
25
would say, most of the letters from supporters, with some

(212) 805 - 0300

14
XF6VSALC
SEALED
sealing of my submission and some sealing of Mr. Saldarriaga's
letter.
THE COURT:
Probably.
Most of the supporters are
aware of the cooperation; they were told about it.
like this is a tightly-kept state secret.
disclosed to third parties all over the place .

MR. BRILL:
It's not
This has been
With respect to this rec.ord, will your
Honor seal as to the specific names that were -mentioned by
Mr. Saldarriaga?
10
11
Yes.
Names and entities, I think, can be
MR . BRILL:
I believe we redacted something as to his
sealed.
12
13
THE COURT:
moth~r ' s
medical condition.
:{
14
THE COURT:
Medical conditions, privacy issues, things
15
like that .
16
that that go to privacy interests, especially for third parties
17
and family members, that's fine.
18
Medical conditions, names of children, things like
That's fine.
The general nature of cooperation, I think, is a
19 .
different matter altogether.
And the less it's going to
20
compromise an ongoing investigation, which it sounds like it's
21
not going to, or put in harm's way either the defendant or
22
defendant's family or friends, I don't see any reason then to
23
continue sealing or redacting.
24
MR. BRILL:
Thank you.
25
THE COURT:
I want to get out there.
We've got people

(212) 805-0300

15
XF6VSALC
SEALED
who are on a line at other courtrooms.
your attorney, and if there's something else we need to
discuss, we can do that right now.
4
5
6
7
8
9
10
Why don't you talk to
We'll keep this all sealed for now.
The parties will
give me proposed redactions by next Thursday.

MR. NOBLE:
The government will order an expedited
transcript.
THE COURT:
The government will do that.
parties can make a joint submission by July 2nd.
11
12
.i
\'
13
14
15
16
17
18
19
20
21
22
23
24
25

(212) 805-0300
And then the

Saldarriaga Order: Letters and Transcripts

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Saldarriaga Order: Letters and Transcripts

Hochgeladen von

Copyright:

Verfügbare Formate

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 1 of 38

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA,

No. l 5-cr-136 (RJS)

RICHARD J. SULLIVAN, District Judge:

UNITED STATES DISTRICT JUDGE

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 2 of 38

March 201h, 2015

Dear Honorable Judge Sullivan:

therapy appointments. Eric has had a rough life growing up and

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 3 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 4 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 5 of 38

April 23, 2015

Honorable Richard J. Sullivan

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 6 of 38

1s1 Grade Detective New York Police Department

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 7 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 8 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 9 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 10 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 11 of 38

COMPUTER EVIDENCE RECOVERY. INC.

May 28, 2015

Dear Judge Sullivan,

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 12 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 13 of 38

Re: Lric Saldarriaga

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 14 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 15 of 38

Sincerely Peter Ortega

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 16 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 17 of 38

Very truly yours,

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 18 of 38

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 19 of 38

Social Work Counseling Services, PLLL

t~; .. l. ::: ... ;~,;,_~~

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 20 of 38

Mr. Saldarriaga b currently not employed due to icga1 issues sLem111111g 11 uw

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 21 of 38

Mr. Saldarriaga's mental s tatus has continued to decline consistently after

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 22 of 38

Treatment focuses on symptom relief, and is dialectically based, focusing on

29-24 Hoyt Avenue South

718- 721- 0633

cou ns cl i ng. cc n t Pr@g111;1iJ.cc1111

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 23 of 38

Social \/\lark Counseling Services, PLLC

CEO & Exc>c t1v

Addendum to Eric Saldarriaga's Treatment Summary

Third Paragraph: Hi:> brother has a history nf liP;:irt rli,Pri<:;P rincl

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 24 of 38

UNITED STATES DISTRICT COURT

- -- - ---- - ---- -- -- - - - -- -- --- -- -x

UNITED STATES OF AMERICA,

HON. RICHARD J. SULLIVAN,

Case 1:15-cr-00136-RJS Document 26 Filed 07/06/15 Page 25 of 38

(In the robing room)

about sealing in this case, and I wanted to do that before we

go into open court.

The government requested -- and I granted -- that two

One paragraph, I guess spanning two pages.