FILED 

JUN 2 4 2020 

CLERK U.S. UNITED STATES DISTRICT COURTVE C STERN DIS1[1MOF TE WESTERN DISTRICT OF TEXAS 

SAN ANTONIO 

SA20CA0746_JKP 

MELODY JOY CANTIJ AND DR. RODRIGO Civil Action No._______ 

CANTU, 

COMPLAINT 

Plaintiffs, 

V JIJRY TRIAL DEMANDED 

DR. SANDRA GIJERRA and DIGITAL 

FORENSICS CORPORATION, 

Defendants. 

Plaintiffs Dr. Rodngo Cantu and Melody Joy Cantu ("Cantus"), through their attorneys, 

complain as follows: 

Intmduction 

1. This is an action for violations of the federal Computer Fraud and Abuse Act, 18 

U.S.C. § 1030 et. seq. ("CFAA"), the Texas Harmful Access by Computer Act ("HACA"), and 

the Texas torts of malicious prosecution and intentional infliction of emotional distress. 

2. Defendants Dr. Sandra GuelTa and Digital Forensics Corporation ("DFC") 

hacked, surveilled, and damaged Plaintiffs' protected computers and computer networks without 

authorization, and intentionally damaged those computers and networks and causing losses of 

more than $5,000. Defendant Dr. Sandra Guerra's goal was the malicious prosecution of Plaintiff 

Melody Joy Cantu,, getting her arrested on charges the prosecutor eventually dropped. Defendant 

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DFC's goal was profits. DFC upsold Dr. (iuerra by urging her to file a police report in order to 

get a Phase II report. The video footage of Dr. Guerra filing her false police report shows her 

telling the officer that DFC requires her to file a police report. This campaign of hacking, 

surveillance, damage, and malicious prosecution intentionally inflicted emotional distress upon 

the Cantus, as well as costs and expenses to investigate and ameliorate these attacks. Thus, they 

seek compensatory, consequential, and punitive damages. 

Texas. 

The Parties 

3. Plaintiffs Melody and Dr. Rodriguez Cantu are married and citizens who reside in 

4. Defendant Dr. Sandra Guerra ("Dr. Guerra") is a natural person who, upon 

information and belief, resides in San Antonio, Texas. 

5. Defendant Digital Forensics Corporation is an Ohio based corporation, with an 

office at 1100 NW Loop 410, #700, San Antonio, Texas 78213.1 

Jurisdiction and Venue 

6. This Court has subject matter jurisdiction over these federal claims under 28 

U.S.C. § 1331 and 1332, as the claims are federal questions under the Computer Fraud and 

Abuse Act, 18 U.S.C. § 1030(a)(2XC), 1030(aX5XA)-(C) & 1030(g), because the actions 

complained of resulted in loss of $5000 or more, and damage to ten or more computers, and 

'Digital Forensics Corp. San Antonio, TX, DIOrFAL Foisics CoRPo1rnoN, 

https://www.diita1forensics.com/locations/tx/san-pntonio (last visited June 22, 2020). 

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happened within, or weren't discoverable until, the last two years from the date of this 

Complaint. 

7. For the claims brought under the laws of Texas, this Court has supplemental 

jurisdiction under 28 U.S.C. § 1367. The harmful access by computer Tex. Civ. Prac. & Rem. 

Code § 143.001, malicious pmsecution Davis v. Prosperity Bank,2 and intentional infliction of 

emotional distress under Twyman v. Twyman, 855 S.W.2C1 619,621(1993). 

8. The Court has personal jurisdiction over the Defendants because Dr. Cantu 

resides in the jurisdiction and Digital Forensics Corporation conducts business in the jurisdiction 

through its San Antonio, TX division. 

9. Venue is proper in the Western Division of Texas under 28 U.S.C. § 1391(b) 

because the Defendants reside and/or conduct business in this judicial district and the events 

complained substantially occurred in this District 

Facts 

10. In August 2018, Dr. Cantu and Melody Joy Cantu lived in a home in San Antonio. 

Dr. Cantu worked at a local hospital, and Melody Joy Cantu ran the house and raised her three 

children. 

11. Melody Joy Cantu and Dr. Rodngo Cantu are happily married. Dr. Rodrigo Cantu 

has 2 children from his previous marriage to Defendant Dr. Sandra Guerra with whom he shared 

2 See also, Richards v. Tebbe, 2014 Tex. App. LEXIS 697. *6 (Tex. App-Houston [14th 

Dist.] 2014, no pet.) (citing Richey v. Brookshire Grocery Co., 952 S.W.2d 515, 517 (Tex. 1997). 

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custody. Even though Dr. Cantu and Dr. (3ueffa divorced a decade prior to this filing, Dr. (luerra 

has repeatedly targeted the Cantu's in a campaign harassment motivated by herjealousy. 

12. On or about May 16, 2018 Dr. Guerra hired Defendant Digital Forensics 

Corporation to phish and spy on the Cantu's through their computers. 

13. On August 21,2018 Digital Forensic Corporation sent Melody Joy Cantu a text to 

her smartphone with a hidden tracking link: "Melody Joy Cantu clicked on the link, thinking it 

was a nonnal business request. Melody, could you price this for me? Thx https:I/goo.gl/sCbwZZ. 

Melody Joy Cantu clicked on the link, thinking it was a normal business request. 

14. On August 22, 2018 Digital Forensics completed Phase I of its investigation. The 

report states: "[I]f the client is interested in proceeding to Phase II, the client needs to file a 

police.3 A sample police report was included in the Phase I report.4 

15. The Digital Forensics Phase I report Digital Forensics also says that DFC had 

created "tracking URLs" ("phishing links") and that Dr. Guerra needed "to include the link in a 

message containing something the suspect might be interested enough to click on: DO NOT 

MENTION THE REAL PURPOSE BEHIND THE LINK. The message could be something like 

"I'd like to send you money," or "You will not believe this," along with that URL created for that 

suspect. Be creative, but do not reveal what the link really is."5 

3(PHASE I REPORT, Ex A at 25-26) 

4(Digital Forensics Corporation, Phase I Evaluation Report, Ex. A, 19(2018).) 

(PHASE IREPORT, Ex. A at 17.) 

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16. On August 29,2018 Dr. (luerra attorney received a notice of deposition from Dr. 

Cantu's attorney in their custody proceedings at the time. 

17. On September 4, 2018, Dr. Sandra (iuerra filed a police report against Melody 

Joy Cantu falsely accusing her of harassment. The police bodycam footage of her report shows 

Dr. (3uerra telling the police officer that Digital Forensics required her to file the report if she 

wanted to proceed with Phase II of the investigation. 

18. The case was dropped for lack of prosecution on speedy trial grounds. 

19. On or about September 2018 Melody Cantu noticed that her internet connection 

and computers was slowing down and acting malfunctioning. Initially, she suspected that it was 

buggy software, slow connectivity, or the usual reasons one's internet connection slows down or 

stops. When the connection grew worse, she called her cable and internet service provider 

Spectrum Communications. Spectrum sent someone out to investigate the problem. 

20. On September 19, 2018 Spectrum's representative examined the Cantu's cable 

line leading into their house and discovered a cable signal splitter installed on their line that 

neither the cable company nor the Cantus had put there. 

21. A cable splitter is a type of wiretap that sends the data flowing through a cable to 

more than one recipient6 It does so by providing two or more hardware points to connect to the 

6 "[lIt is absolutely possible to split a cable signal and still have enough signal strength to operate 

a cable modem and feed HDTV signals to a QAM tuner (assuming the signal strength coming 

into the house is sufficient). And the Cable Act of 1992 means that it is legal to do so. But every 

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physical cable. A cable splitter must be spliced in, or put on the end of, a cable. It can be used to 

monitor the internet traffic coming in and out of a home. 

22. On November 15, 2018 a Spectrum representative discovers the cable splitter had 

been removed. There was no record of the splitter being removed by Spectrum. When Melody 

Cantu logged in to her router, she discovered that the firewall settings had been set to allow 

access to anyone and could not be reset by herself or by Spectrum when she called their internet 

support line. 

23. Beginning on January 3, 2019, the Cantus hired two computer forensics 

companies, Exhibit A Computer Forensics Investigations and Kip & Associates, that discovered 

that defendants Dr. Guerra and Digital Forensics Corporation hacking and surveilling the Cantus. 

24. Digital Forensics illegally phished the Cantu's, in violation of Texas's AntiPhishing statute.7 25. With her Digital Forensics' Phase I report in hand, Dr. Guerra filed her police 

time you split a cable or antenna signal, you lose at least 3 to 4 dB of signal strength. So if you're 

splitting the signal 5 times, you could have as much as 15 to 20 db of loss in the signal by the 

time it reaches your modem or tuner." Chris Boylan, Will a Cable Splitter Hurt My Modern or HDTVS1gna1 Strength?, BIG PICTURE BIG SoUND (Jan. 23, 2007), 

https://www.bigpicturebigsound.comlsplit-cable-feed-hdtv-modem-999shtml. 

Tex. Bus. & Corn. Code § 324.051 et. seq. The code limits who has standing to sue 

under it. See Id at § 324.101. 

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report against Melody Cantu. The police video of Dr. Guerra's police report shows Dr. (luerra 

saying that defendant Digital Forensics Corporation required her to make the police report. 

26. Melody Cantu was arrested and arraigned. 

27. The case was eventually dismissed on speedy trial grounds. 

FIRST CAUSE OF ACTION 

COMPUTER FRAUD AND ABUSE ACT - UNAUTHORIZED ACCESS TO A 

PROTECTED COMPUTER 

18 U.S.C. 1030(a)(2)(c) 

Against Defendants Sandra Guerra and Digital Forensics Corporation 

herein. 

28. Plaintiffs incorporate the above paragraphs by reference, as though fully set forth 

29. Plaintiffs' computers are used in interstate commerce and comprise a "protected 

computer" as that term is used in 18 U.S.C. 1030(e)(2)(B). 

30. Plaintiffs maintained and secured their computers by reasonable means. 

31. Defendants Dr. Guerra and Digital Forensics intentionally accessed the Cantus' 

protected computer without authorization and thereby obtained information. 

32. As a result of Defendants' conduct, the Cantus suffered loss in expending time, 

money, and resources aggregating at least $5,000 in value, to investigate the intrusion, assess the 

damage, and restore their systems to their prior state. 

SECOND CAUSE OF ACTION 

COMPUTER FRAUD AND ABUSE ACT - UNAUTHORIZED DAMAGE TO A 

PROTECTED COMPUTER 

18 U.S.C. 1030(5XA) 

herein. 

33. Plaintiffs incorporate the above paragraphs by reference, as though fully set forth 

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34. Plaintiffs' computers are used in interstate commerce and comprise a "protected 

computer" as that term is used in 18 U.S.0 1030(eX2)(B). 

35. Defendants Dr. Guerra and Digital Forensics knowingly caused the transmission 

of a program, information, code, or command and intentionally caused damage without 

authorization. 

36. This transmission affected ten or more computers. 

37. As a result of Defendants' conduct, the Cantus suffered damage when Defendants 

impaired the integrity of their data. 

herein. 

TifiRD CAUSE OF ACTION 

COMPUTER FRAUD AND ABUSE ACT - CONSPIRACY TO COMMIT 

UNAUTHORIZED ACCESS TO A PROTECTED COMPUTER 

18 U.S.C. 1030(aX2)(c) & 1030(b) 

38. Plaintiffs incorporate the above paragraphs by reference, as though fully set forth 

39. Plaintiffs' computers are used in interstate commerce and comprise a "protected 

computer" as that term is used in 18 U.S.C. 1030(e)(2)(B). 

40. Plaintiffs maintained and secured their computers by reasonable means. 

41. Defendants Dr. Guerra and Digital Forensics intentionally accessed the Cantus' 

protected computer without authorization and thereby obtained information. 

42. As a result of Defendants' conduct, the Cantus suffered loss in expending time, 

money, and resources aggregating at least $5,000 in value, to investigate the intrusion and a 

damages assessment. 

43. Defendants Dr. Guerra conspired with the Digital Forensics to affect this 

unauthorized access, in violation of 18 U.S.C. § 1030(b). Dr. Guerra took concerted action with 

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Digital Forensics to participate in a series of unlawful acts. Defendants performed one or more 

overt acts pursuant to and in furtherance of the common scheme. 

44. As a result of this conspiracy, Plaintiffs suffered loss in attempting to protect their 

rights against unauthorized access, downloading, and use of data and information stored in their 

computers and in expending time, money, and resources (aggregating at least $5,000 in value) to 

conduct an investigation into the intrusion and a damages assessment. 

45. As a result of the conspiracy, Plaintiffs also suffered damage to their businesses 

and goodwill. 

46. Therefore, Plaintiffs are entitled to compensatory damages under the CFAA. 

FOURTH CAUSE OF ACTION 

COMPUTER FRAUD AND ABUSE ACT - AEMPT TO COMMIT UNAUTHORIZED 

ACCESS TO A PROTECTED COMPUTER 

18 U.S.C. 1030(aX2Xc) & 1030(b) 

herein. 

47. Plaintiffs incorporate the above paragraphs by reference, as though fully set forth 

48. Plaintiffs' computers are used in interstate commerce and comprise a "protected 

computer" as that term is used in 18 U.S.C. 1030(eX2)(B). 

49. Plaintiffs maintained and secured their computers by reasonable means. 

50. Defendants Dr. Guerra and Digital Forensics intentionally accessed the Cantus' 

protected computer without authorization and thereby obtained information. 

51. As a result of Defendants' conduct, the Cantu's suffered loss in expending time, 

money, and resources aggregating at least $5,000 in value, to investigate the intrusion and a 

damages assessment. 

52. Defendant Dr. Guerra attempted with Digital Forensics to affect this unauthorized 

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access, in violation of 18 U.S.C. § 1030(b). Dr. Guerra took concerted action with Digital 

Forensics to participate in a series of unlawful acts. Defendants performed one or more 

substantial acts pursuant to and in furtherance of the common scheme. 

53. As a result of this conspiracy, Plaintiffs suffered loss in attempting to protect their 

rights against unauthorized access, downloading, and use of data and information stored in the 

their computers and in expending time, money, and resources (aggregating at least $5,000 in 

value) to conduct an investigation into the intrusion and a damages assessment. 

54. As a result of the conspiracy, Plaintiffs also suffered damage to their reputation 

and occupation. 

herein. 

FIPTH CAUSE OF ACTION 

HARMFUL ACCESS BY COMPUTER 

Tex. Civ. Prac. & Rem. Code § 143.001 

55. Plaintiffs incorporate the above paragraphs by reference, as though fully set forth 

56. Dr. Guerra and DFC violated § 33.02 of the Texas Penal Code by knowingly or 

intentionally accessed the Cantos' computer, computer network, and/or computer system without 

the Plaintiffs consent. 

57. Dr. (iuerra and DFC violated § 33.02 of the Texas Penal Code by accessing the 

Cantos' computer, computer network, and/or computer system with the intent to defraud or harm 

the Cantos. 

58. Dr. Guerra and DFC violated § 33.02 of the Texas Penal Code by accessing the 

Cantos' computer, computer network, and/or computer system with the intent to alter, damage, 

or delete the Cantos' property. 

59. Dr. Guerra and DFC violated § 33.22 of the Texas Penal Code by accessing the 

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Cantus' computer system or computer network without their consent with the intent to interrupt 

or suspend access to their computer system or network. 

60. The unauthorized access of the Cantus' computer, computer network, and/or 

computer system resulted in injury to the Cantus by forcing them to hire investigators, Exhibit A 

Computer Forensics Investigations and Kip & Associates to discover the source of the breach. 

61. As a result of the unauthorized access the Cantus paid the investigators [$$$$] for 

their services. 

62. As a result of the unauthorized access the Cantus were deprived of the full access 

and use of their computer system or computer network without their consent when the 

connection was throttled by the presence of the cable splitter. 

63. Pursuant to § 143.001 of the Texas Civil Practice and Remedies Code, 

Defendants' knowing and intentional violation of 33.02 and 33.22 of the Texas Penal Code 

makes Defendants liable in a civil action for harmful access of the Cantos' computer, computer 

network, and/or computer system. 

herein. 

SIXTh CAUSE OF ACHON 

MAUCIOUS PROSECUTION 

64. Plaintiffs incorporate the above paragraphs by reference, as though fully set forth 

65. Defendant Dr. (luerra conspired with Defendant Digital Forensics to commence a 

criminal proceeding against Melody Joy Canto. 

66. Defendant Digital Forensics touted the idea of filing police reports for them to 

continue their "so called" investigation. 

67. The prosecution against Plaintiff Melody Joy Canto was in her favor as the case 

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was dismissed sue to the violation of her constitutional right to a speedy trial. 

68. Plaintiff Melody Cantu was innocent in the charge of Harassment by Defendant 

Dr. Guerra. 

69. The proceeding lacked probable cause as there was no evidence pointing to 

Defendant's claim of harassment by Plaintiff Melody Joy Canto. 

70. The Defendants conspired to commence the criminal proceeding and it was filed 

with malicious intent by Defendant Dr. Guerra to pursue an in-depth investigation into Plaintiffs, 

as well as harass them. 

71. As a result of the malicious prosecution, Plaintiff Melody Joy Canto suffered loss 

in paying attorney's fees for representation in the criminal matter. 

72. As a result of the malicious prosecution, Plaintiffs also suffered damage to their 

reputation and occupation. 

73. As a result of the malicious prosecution, Plaintiff Melody Joy Canto suffered as 

emotional harm stemming from her arrest. 

SEVENTH CAUSE OF ACTiON 

Intentional Infliction of Emotional Distress 

74. Defendants Dr. Guerra and Digital Forensics acted intentionally or recklessly by 

engaging in a malicious prosecution of Melody Canto and the cyberstalking of the Cantos. 

75. The Defendants conduct was extreme and outrageous because it opened the 

Cantos up to identity theft and wrongful legal actions. 

76. The actions of Defendants cased Plaintiffs emotional distress by putting the 

Cantos in a state of prolonged and sustained fear for their safety and privacy through repeated 

false charges, false investigations, and digital surveillance. 

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Prayer for Relief 

WHEREFORE, Plaintiffs respectfully requests that the Court enter judgment in its favor 

and award the following relief against Defendants: 

a. An award against Defendants Dr. Guerra and Digital Forensics for compensatory 

damages plus interest and costs; 

b. An award against Defendant consequential damages, 

c. That the Court award punitive damages in an amount to be detennined at trial; 

d. That the Court award Plaintiffs its attorney's fees and expenses; and 

e. That the Court award Plaintiffs such other and further relief as is just and proper under 

the circumstances. 

Dated: June 23, 2020 

Respectfully submitted, 

I,,' 

Tor Ekeland (NYS Bar No. 449363) 

Admission Pro Hac Vice pending 

Tor Ekeland Law, PLLC 

195 Montague Street, 14th Floor 

Brooklyn, NY 11201 

tor@torekeland.com 

(718) 737-7264 

Attorneys for Plaintiffi Dr. Rodrigo Cantu 

and Melody Cantu 

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