pROI~'I+'~RIINTERV~W A~R~~11~ENT

The ground z•ules and conditions for any pxofferlinierview are set forth in this docnin~nt,

wl~icli is 3 pages.

The pax~ies to this Agreement a~•e the I'lrst Assistant United States Aftorney through her

Assistant U,S. Attoxncys, Keviri M. Rapp, Domiiuc Lanza, Margret Parlmeter and Reginald

cones, T~•ial Attorney, Deparhnent of Justice, I~irsta Leebuzg Melton, Assistant A.ttoxuey

General, State of Texas, Randy Mailman, Deputy Attoi~iey Genezal, Office of'the Attorney

General, State of Calzfortua, (" lie Prosecution") and Carl Ferxex a1~d Mr, Feirer's counsel, Na~~ci

Clarence and Jonathan Baum,

This Agreement binds the U.S. Department of 7ustiee, acid the Attoix~.ey Generals' Clf~ces for the

States of C~Iifoi~nia find Texas,

1. The propose of as~y proffer(intezview is to evaluate oral and written statements and

proffered infoitnatzoli given by Mr, Ferrer azid leis agents (including but ~.at limited to his

attoi~eys) concerning his involvement with Bacicpage.com and related entities, Mr. Fever a~ees

fa proffer information ax participate i~ any iiaterview on an entirely voluntary basis. Iv.~. Fez~rcr

also undez~stands and a~~ees that he is not compelled in any w1y to participate in t~zs interview.

2. Mr. Ferrer vofintaril~ waives all claims of attoi~ey-client privilege, vc~hether in his

personal or official capacrty as the Cl~ie;F Exect~.~ive Officer of Bacicpage.corn, LLC as to

cornmunzcatzous with arxy attorney or law firm tt~.at xepres~nted Backpage,com, or aay related

entity, where such coxnz~iunications concerned o~ related to Bacicpage.com or any related entity.

This waiver does not apply to Mr. Ferrer's cui7~ent attox~~eys, Nanei Clarence, Jonathan Baum And

aiiyof~e worl~ing oxz tl~eix behalf. Mr. Ferrer ~volunfiarily agrees fo provide all doetimei~ts and other

matez~i~l that inay be relevant to the investigation and that are in his possession or control,

However, Mr, Ferrer shall not disclose any documents or iliformatioll protected by f1~e Joint

Defense Agreement ul this matter. Mr, Fairer uz~de~:stands that his proffez/i~texview ~fid any

beizefit he may receive :From information he provides to the prosectttzox~ does ~.ot depend ou his

waiver of the atto~iey-client privilege,

3, The agreement is explicitly contingent upon M~~, k'er~ex~ providing t~~thful statements

and t~•athful inforinat~on. In any interview or proffer, Mr. Ferrer and hzs agents till coYnpletely

and.truthfully aiiswex all questions, will pzovzde complete and t~utl2ful information relating to and

and all matters, azid will malce no nxateiial misstateznez~ts ox omissions of facts, Mr. Ferrer further

understands that he wi11 neithei attempt to pxotect any person or entity nor falsely implicafie any

person or entity, through false informatran or omission. Nevei~thcless, iio tntthfi~l stateineuts made

by or huthfitl information provided Uy NIr. Fazxer or his agents du~~n~ the interview, or otherwise

pro:Ffered, will be used directly agaizast Mr, k'ei7er dtuxng any lztigatio~i or proceedizag instituted by

the Prosecution, The prosecution will be the ultimate arbiter of the tiuthfiihiess of any statement

ox information,

Case 2:18-cr-00422-DJH Document 202-3 Filed 06/28/18 Page 1 of 3
4. Nothing in paragraph 4 above, hawevex~, prevents the Prosecution fiom malting

derivative use of and pursuing Any .investigative leads (i.e. fruits) suggested by any statements

made by or ottzer information proffezed or provided by Mx, Far~er ax lus agents. In atk~ex wands,

except as expressly stated above, Mr. Ferrer understands and a~ees that there are zio limitations

whatsoever on the use the Prosecution caii make a~'tl~e testimony and infoimatian provided in any

iuteiview oY Qt~1~Twise pzofferec~ b~ M~.~. Fearer or his agents, either oratly ax• in writing, both before

and aftez• azry iuz~e~•view of Mr, Fenei. Mr. Ferrer exp~essl~ naives any right to challenge the

dexxvative use of any stateza~ents oz• infoz-tnation provided dulYng the interview or otherwise

proffez~ed by Mr. Ferxer or his age~lts, It is the intent of this agreement that such derivative use is

pxoper and the prosecution and Mr. Fex•.rer hereby agree that Federal Ri~1e of Criminal Proceduze

11(fl, a~~d Federal Rules of Evidence 408 and 410 and, do not go~ein such derivative use vi any

Iitigation or other proeeedin~s. This provision is necessary to eliminate any need or argament for

a Kastdgar l~.ear~ng at whic2i the Prosecutiozi would have to prove that the evidence it would

ii~~~oduce at trial, or any other proceedings, is not associated with ox tauited by any statements

made by or other information provided by N1t•. ~azxez dut7ng airy interview, ar was otherwise

proffered to the Prosecution by Mx..~errer or lus agents.

5. If Mt. Ferrer is a witness at any t~ia1 or other proceeding xelatizag to the int'ormatian he

provides to investigating agents, and offers testimoi~~ matex~ialiy ~Iifferent fiorn a~iy statements or

otliez ulformatio~l pY•ovided tIuxxng ~e interview or otlieiwise proffered by Mr. Ferrer oi~ hts agents,

fihe Prosecttt~ioz~ xnay crass-examine witnesses (including Mr. Ferrer) and in#~oduce rebuttal

evidence concerning any state~ez~ts or other information provided during any interview ox•

otherwise pzoffercd b~ Mr, Ferrer or• his agents. In addition, the Prosecution xeselves the right to

prosecute Mr. Ferrer foF• pei~ttry, False official statement or obstzuctio~ ~f justice to the fullest

extent provided by law. Tf such a prosecu#ion occurs, Elie Prosecution can rise duectly, and

dezivati~ely, in their case-izi-chief, in cross-examination axzd in rebuttal, any sta#ements and

information provided by Mr. Ferrer, whether directly or iiidireotly tluough his agents, or

derivatively linked to the statements and other infoixnation IVI~. Fezxer or his age~.ts supplied in any

in#eiview or other proffer by Mr. Ferrer oz his agents, This provision is needed to ensure that Mx~.

Feixer does not abuse the opportunity for an interview ox pz~offer of information, does not malte

materially faXse statements to a ~overnmcnt agency either orally or in writing (directly or

it~clizectly), and does z~ot commit pezjury when testifying at trial ox iii any other legal proceeding

6. fir:. Ferrer tinderstancls that tkze law {specifically, Bf ady v. Maryland.} requires that t~~e

Prosecution provide any person against whom chaxges are brottglit, all information wlucli tends to

mitigate or negate the person's guzlt as to the offexlses charged. Therefore, Mr. Fer~'er understands

that if Brady iilatezial is developed or ~rodttced from the interview or in any proffez•, the~~ the

Prosecution vc~ottld be required to disclose this information to the appropriate defendants and/or

their attorneys at the time the obligation is imposed on the P~•osecutiou. Tuis provision is included

to permit tl~.e Pxoseet~tioYz to comply with its discovery obligatio~~s end rs not iiitencled to discourage

Mr. Tamer from. pxovid~ing iziformation to the Prosecution.

7, With the exception of providing z'egttired notice itzader the Jou1t Defense A~reemeilt

in this case, Mr. Ferrer will not, personAlly or tllrougli any other person {includi~ag but :not limited

to his attorneys), disclose the existence of this agreeinei~t or any interview or proffer, or anything

otherwise said during the interview or proffered to the Prosecution, or any information relating to

Case 2:18-cr-00422-DJH Document 202-3 Filed 06/28/18 Page 2 of 3
Mi~, Fexrer's 000peration with the Prosecution (except that if an at~oruey for mother putative o~~

actual defendant asks Mx. Ferret's counsel or successors vvlzether Mr, Ferrer is coope~•ating wi~~

the United States, counsel oz~ successozs may confiz:m the fact that Mr, Fener is cooperating, but

will not disclose any other information lbout Mr. Fert~ex's coo~era~ion).

8. This documetlt is the fii11 and complete Agreeznexit of the pa1-~ies with regard to any

iuteivxew ox• pzoffered information, No other ~ro~nises, representations or agreements have been

made by or beLweeil the pai~ies witl~ ~~egAzd to aauy ~z~offex/ix~tezview or the underlying niattexs

za~ere~ced i~x t1~is written agreement. The porkies shall at all times act iii good faith to accomplish

their intent in entering zi~to this Agreement, Aaiy dispute betvsJeei~ the parties as to whether eithez•

party has wiled to fulfill any of ifs obligations under this Agreement sha11 be submitted to and

decided by tie TJnited States Distx7ct Cotu~t fax the Dist~xct o~Arizona.

AGI2EBD; ELIZABETH A. STTtANGE

First Assista~it United Stites Attorney

DATE VIN M, RAPP

DOMINIC LANZA

MARGI2ET PERLMETER

Assistance? , A rneys

-

•'...-~ ... 

DATE REGINA E. r0 S, Trial Aitort~ey

U.S. Depar f Jiistiee

~~ ~,— ~~

~

C' .d E ploit n a d O s enity Section

L>AtTE ! ~TRSTA LEEBURG MELTON~4~_

ssistai~t Attorney General,

Office of the Attozne~ Genezal, State of Texas

DATE k~~~~' MAILMA.N,

Dapirty Aftoix~ey General,

Office the ~1.tto ~~ey Gcz~exal, State of California

s~~~ ~ .Cdc.z.ti.-......_--

~—

DATE CARL FERRER

~1r

DAT ' NANCI CLAI~NCE, ESQ.

J'ONATIiAN BAUM, ESQ.

Case 2:18-cr-00422-DJH Document 202-3 Filed 06/28/18 Page 3 of 3