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November 27, 2009

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Editorial: Shed light on documents

Sunday, March 18, 2007 | 7:26 a.m.

Al legations that Gov. Jim Gibbons, while a congressman, accepted gifts in exchange for helping a friend win defense contracts have their source, unfortunately, in now-sealed court documents.

The documents are part of a federal civil lawsuit filed in Reno in February 2006 by Dennis Montgomery, a former executive of Reno-based e-Treppid Technologies. The man behind this company, Warren Trepp, has been described by Gibbons as an old and close friend.

Montgomery's filing was a countersuit, in response to a federal suit filed against him in January 2006 by Trepp, who accuses him of stealing computer source codes belonging to e-Treppid.

The Wall Street Journal published a story Nov. 1 based on this case. In a Feb. 15 follow-up story, the newspaper reported that the FBI is seeking to determine whether Gibbons accepted "unreported gifts or payments" from e-Treppid in exchange for helping it secure Defense Department contracts.

This case also contains documents pertaining to a federal search of Montgomery's home in Reno. Montgomery claims the raid occurred after Gibbons had a hand in influencing then-U.S. Attorney Daniel Bogden to carry it out, an accusation that Bogden denies.

The case was sealed on the grounds that the federal contracts involving Trepp and Gibbons were classified and that the central dispute between Trepp and Montgomery involved trade secrets.

But there is a new judge on the case now. U.S. District Judge Larry Hicks recused himself last month (after Gibbons appointed his nephew, Josh Hicks, as his chief legal counsel) and was replaced by U.S. District Judge Philip Pro. Thursday in Reno, Pro heard arguments from lawyers for e-Treppid and Montgomery, whose lawsuits he has consolidated into one case. Pro said that he may order, as early as this week, that the case documents not related to either federal or trade secrets be unsealed.

We believe Pro should follow through with that action. The public has every right to know all of the allegations contained in this case, allegations that involve the man who is this state's top elected official.

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