Warshak's e-mails had helped to secure the 112-count indictment against him from an Ohio grand jury in 2006. But when the government finally turned over its evidence against Warshak in the run-up to his 2008 trial, his lawyers noticed something strange: the government had grabbed 27,000 of Warshak's e-mails even before executing a 2005 search warrant on Berkeley's corporate headquarters.

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