IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

UNIGESTION HOLDING, S.A., 

d/b/a DIGICEL-HAITI, 

Case No. 3:15-cv-185-SI 

SPECIAL .VERDICT 

Plaintiff, 

v. 

UPM TECHNOLOGY, INC. and 

DUY BRUCE TRAN, 

Defendants. 

We, the Jury, being duly empaneled and sworn, do unanimously find as follows: 

1. Did Digicel-Haiti prove by clear and convincing evidence that UPM, Mr. Tran, or both 

engaged in fraud by active concealment by using human behavior simulation software in 

furtherance of traditional (or in-country) bypass? 

a. UPM / YES NO 

If you answered "no" to Question J(a), skip Question J(b). 

b. Mr. Tran J YES NO 

2. Did Digicel-Haiti prove by clear and convincing evidence that UPM, Mr. Tran, or both 

engaged in fraud by active concealment by using human behavior simulation software in 

furtherance ofDigicel-Haiti's RL YH bypass (or RL YH) program? 

a. UPM _LYES NO 

If you answered "no" to Question 2(a), skip Question 2(b). 

b. Mr. Tran _j_ YES NO 

PAGE 1- SPECIAL VERDICT 
If you answered "yes" to Question 1 (a), Question 2(a), or both, continue to Question 3. If you 

answered "no" to b_oth Question J(a) and Question 2(a), your verdict is/or the Defendants; do 

not answer any more questions; have the presiding juror sign and date this form. 

3. Did Digicel-Baiti prove by clear and convincing evidence that it suffered damages caused 

by a Defendant's fraud by active concealment by using human behavior simulation 

software in furtherance of: 

a. Bypass: 

b. RLYH: 

~YES 

LYEs 

NO 

NO 

If you answered "yes" to any part of Question 3, continue to Question 4 and answer all parts 

that are applicable. If you answered "no" to both part (a) and part (b) of Question 3, your 

verdict is for the Defendants; do not answer any more questions; have the presiding juror sign 

and date this form. 

4. What is the amount ofDigicel-Haiti's damages, if any, caused by any Defendant's fraud 

by active concealment by using human behavior simulation software: 

a. Traditional bypass lost net profits: $ I I BOO, 000, ,,, 

b. RL YH lost net profits: $ I 600 000, c,O 

c. Out-of-pocket damages: $ J I Boo , oo D , 00 

I 

d. Total damages: $ r;·. 1-/l'O ooD. 06 

Line d must equal the sum of Line a, Line b, and Line c. 

5. What percentage of the amount(s) specified in your answer to Question 4 is: 

a. 

b. 

c. 

the joint responsibility ofUPM and Mr. Tran: 

the sole responsibility ofUPM: 

the sole responsibility of Mr. Tran: 

The listed percentages must total 100 percent. 

PAGE 2- SPECIAL VERDICT 
6. Did Digicel-Haiti prove by clear and convincing evidence that it should recover punitive 

damages against UPM? 

,/ YES NO 

If you answered "yes" to Question 6, continue to Question 7. If you answered "no" to 

Question 6, skip Question 7 and proceed to the instructions that precede Question 8. 

7. What is the amount of punitive damages that Digicel-Haiti should recover against UPM? 

$ 3, &> DO . DD O . ot> 

I I 

If you answered "yes" to either Question 1 (b) or Question 2(b), continue to Question 8. If you 

answered "no"to both Question l(b) and Question 2(b), do not answer any more questions; 

have the presiding juror sign and date this form. 

8. Did Digicel-Haiti prove by clear and convincing evidence that it should recover punitive 

damages against Mr. Tran? 

_j_ YES NO 

If you answered ''.Yes" to Question 8, continue to Question 9. If you answered "no" to 

Question 8,. do not answer any more questions; have the presiding juror sign and date this form. 

9. What is the amount of punitive damages that Digicel-Haiti should rec?ver against 

Mr. Tran? 

$ 3:oo, ooo. oo 

Your deliberations are now complete. Please have the presiding juror date and sign this form 

and inform the Courtroom Deputy that you are ready to return to the Courtroom. 

DATED this ·2, / day ofNovember, 2022. 

PAGE 3 - SPECIAL VERDICT