Misconduct in eBay's Upper Echelons

Executive 2's Receipt of lnformation Regarding the Harassment and Intimidation Campaign

46. On or about August 20, 2019, an NPD detective emailed eBay to request assistance with the NPD's investigation into the harassment of the Steiners.

47. On or about August 21, 2019, at approximately 2:49 p.m. (PDT), an eBay communications employee forwarded to Executive 2, who was traveling overseas, an email containing the NPD request, underneath an "exploding head" emoji.

48. At approximately 3:05 p.m. (PDT), Executive 2 responded, "Please do not do anything until J can check a few things .. .I don't want us to engage. Who specifically did the local police contact first at eBay."

49. On or about August 22, 2019, eBay's General Counsel emailed Executive 2, Executive 3, and another eBay executive, informing them that the Steiners had contacted the NPD about being harassed, and that eBay would be beginning an internal investigation immediately ("the GC Email"). The GC Email enclosed a copy of a second NPD request to eBay for assistance in the investigation that identified Harville and Zea's possible involvement in the harassment.

50. On or about August 23, 2019, at approximately 5: 15 p.m. (PDT), Baugh messaged Executive 2 as follows:

Hi [Executive 2] - this is Jim Baugh's personal cell. My team ran an Op on our friend in Boston. Nothing illegal occurred and we were actually intending to team up with her and get her on our side in a positive manner. However, small town police got a couple of rental car plates and tracked it back to my people and the hotel the were staying at. They sent a note to ebay investigations GAP team who then passed it to legal and they are conducting an internal investigation on us. We are cooperating, but I know they realize something is off. We will continue to cooperate, but not sure how much longer we can keep this up. If there is any way to get some top cover that would be great. If not, I just wanted you to have a heads up because they are aware that multiple members of the ELT are not a fan of that website to include [redacted] and his wife. Again, no crime was committed and local police don't have a case. I don't want our legal team to give them one. Let me know if you want to discuss this weekend.

51. On or about August 23, 2019, at approximately 5:24 p.m. (PDT), Executive 2 and Baugh spoke by phone for approximately 10 minutes.

52. On or about August 27, 2019 and August 28, 2019, eBay investigators interviewed Executive 2 regarding the harassment and intimidation of the Steiners.

53. On or about August 30, 2019, eBay investigators obtained forensic copies of Executive 2's eBay-issued and personal cell phones. Executive 2's phones did not contain the message from Baugh described in paragraph 50 above or the other August 2019 messages between Baugh and Executive 2 regarding Ina Steiner and EcommerceBytes, indicating that those messages had, at some point, been deleted.