IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO

On or about January 1, 1995, co-conspirator Harold "Hal" Cahill met with co- conspirator Joseph Lauricella in a bar in Las Vegas, Nevada, and planned for co-conspirator Joseph Lauricella to leave the San Jose, California, area and go to the desert of San Bernardino County near Amboy to "do some work";

Overt Act No. Two:

On or about May 1, 1995, co-conspirator Joseph Lauricella moved to Amboy, California;

Overt Act No. Three:

On or about May 10, 1995, co-conspirators Harold"Hal" Cahill, Stuart"Stu" Clark and Franklin Glen Odell recruited co-conspirator Joseph Lauricella to attend a meeting at a school in Amboy, California, regarding the Rail- Cycle/Bolo Mega Dump project;

Overt Act No. Four:

At the May 10, 1995 meeting, co-conspirator Franklin Glen Odell nominated Joseph Lauricella to a representative position in a "grass roots" organization and thereafter Lauricella was elected to represent the "community" of Amboy, Callifornia;

Overt Act No. Five:

On or about May 18, 1995, co-conspirators Stuart"Stu"Clark and Joseph Lauricella entered into a written employment agreement. Lauricella was to work for co-conspirator Franklin Glen Odell,as an employee of co-conspirator Rail Cycle, a limited partnership, and co-conspirator Waste Managaement and its co-conspirator corporate subsidiaries, under the alias "Tony Bergschneider";

Overt Act No. Six:

Between May 18, 1995 and May 21, 1995, co-conspirator Joseph Lauricella went to the Amboy/Cadiz area of San Bernardino County, California;

Overt Act No. Seven:

On or about May 21, 1995, co-conspirator Joseph Lauricella illegally connected to a telephone line the Cadiz Land Company utilized;

Overt Act No. Eight:

On or about May 21, 1995 and continuing until at least June 15, 1995, co- conspirator Joseph Lauricella fraudulently utilized at least one telephone line and telephone number of the Cadiz Land Company;

Ocert Act No. Nine:

On or about May 21, 1995, co-conspirator Joseph Lauricella told co-conspirator Franklin Glen Odell about his illegal connection to the Cadiz Land Company phone line, and co-conspirator Franklin Glen Odell encouraged him to continue using the phone line;

Overt Act No. Ten:

Between July and October 1995, co-conspirator Joseph Ernest Lauricella went to the State of Arizona;

Overt Act No. Eleven:

Between July and October 1995, co-conspirator Joseph Ernest Lauricella spoke to former Cadiz Land Company employee Cindy Eisengerger about the

Cadiz Land Company while he was in the State of Arizona;

Overt Act No. Twelve:

Between July and October 1995, while he was in the State of Arizona, co-conspirator Joseph Lauricella obtained from Cindy Eisengerger computer disks containing data about Cadiz Land Company and its investors. Ms. Eisenberger indicated to Lauricella that said disks were "hot",that is, stolen from Cadiz Land Company;

Overt Act No. Thirteen:

Between July and October 1995, co-conspirator Joseph Lauricells spoke to co- conspirator Franklin Glen Odell about the stolen Cadiz Land Company disks;

Overt Act No. Fourteen:

Betwen July and October 1995, co-conspirator Franklin Glen Odell told co- conspirator Joseph Lauricella to bring the disks from the State of Arizona to Waste Management regional headquarters at Irvine in Orange County, California;

Overt Act No. Fifteen:

Between July and October 1995, co-conspirator Joseph Lauricella entered the State of California with the stolen Cadiz Land Company computer disks, and then moved the stolen computer disks through San Bernardino County to Waste Management regional headquarters at Irvine in Orange County, California;

Overt Act No. Sixteen:

Between July and October 1995, co-conspirator Joseph Lauricella delivered to the stolen Cadiz Land Company disks to co-conspirator Franklin Glen Odell at Waste Management in Irvine, California;

Overt Act No. Seventeen:

Between July and October 1995, co-conspirator Joseph Lauricella spoke to co- conspirator Franklin Glen Odell about the stolen Cadiz Land Company disks at Waste Management headquarters in Irvine, California;

Overt Act No. Nineteen:

Between approximately July 1995 and continuing to at least March 1997, co- conspirator Franklin Glen Odell opened, concealed, utilized, and manipulated the computer data once contained on the stolen Cadiz Land Company disks in his office at Waste Management headquarters in Irvine, California;

Overt Act No. Twenty:

On or about October 12, 1995, co-conspirator Franklin Glen Odell acknowledged to Russell or Marie Albright that co-conspirator Joseph Ernest Lauricella worked for co-conspirator Franklin Glen Odell,Rail Cycle,L.P., and Waste Management;

Overt Act No. Twenty-One:

In January 1996, co-conspirator Franklin Glen Odell delivered the stolen Cadiz Land Company disks to co-conspirator Joseph E. Lauricella in San Bernardino County, California;

Overt Act No. Twenty-Two:

In January 1996, co-conspirator Franklin Glen Odell told co-conspirator Joseph Lauricella to mail the Cadiz Land Company disks from San Bernardino County, California, to unindicted co-conspirator Peter C. Sheridan, an attorney in Los Angeles, California, who represented Rail Cycle, LP, and Waste Management, et al, in certain civil litigation;

Overt Act No. Twenty-Three:

Between January 22, 1996 and May 1997, unindicted co-conspirator attorney Peter C. Sheridan in Los Angeles, California, opened, utilized, manipulated and concealed data contained on the Cadiz Land Company disks.

Overt Act No. Twenty-Four:

In April 1996, co-conspirator Franklin Glen Odell prepared form "interrogatories" for unindicted co-conspirator attorney Peter C.Sheridan and provided said interogatories to Peter C. Sheridan to send to the investors listed on the Cadiz Land Company disks;

Overt Act No. Twenty-Five:

In March,April and May 1997, unindicted co-conspirator attorney Peter C. Sheridan in Irvine and Los Angeles, California, concealed his possession of the stolen Cadiz Land Company disks from officers and agents of the Sheriff of the County of San Bernardino and the District Attorney of the County of San Bernardino;

Overt Act No. Twenty-Six:

In May 1997, unindicted co-conspirator attorney Peter C. Sheridan in Los Angeles, California, surrendered via messenger a box containing the Cadiz Land Company disks and various printouts he had created from them to the office of the District Attorney of the County of San Bernardino, together with a cover letter wherein unindicted co-conspirator Peter C. Sheridan admitted that his law firm received the Cadiz Land Company disks in January 1996;

Overt Act No. Twenty-Seven:

Between approximately May 18, 1995 and October 16, 1996, co-conspirator Bob Morris met with co-conspirators Joseph Lauricella and Franklin Glen Odell in San Bernardino County and planned the destruction of the Cadiz Land Company, Waste Management's major opponent fo the Rail Cycle project;

Overt Act No. Twenty-Eight:

Between May 18, 1995 and October 26, 1996, co-conspirators Franklin Glen Odell and Stuart"Stu"Clark, on behalf of corporate co-conspirators Waste Management, et al, directed co-conspirator Joseph Lauricella to use whatever device, artifice, plan or scheme necessary to manipulate well level readings by pumping water so that the water reports would make it appear that Cadiz

Land Company was depleting the aquifer, in the effort to affect the Cadiz Land Company's stock price, to have their Conditional Use Permit revoked, and to terminate their water transfer deal with the Mojave Water Agency;

Overt Act No. Twenty-Nine:

Between May 18, 1995 and October 26, 1996, at the direction of co- conspirator Franklin Glen Odell and on behalf of the corporate co- conspirators Waste Management, et al, co-conspirator Joseph Lauricella turned on pumps on test wells during periods when the wells were to remain inactive in order to lower the water level at the time tests were performed, knowing well tests were being performed, to have the reports inaccurately reflect the aquifer recharge rate;

Overt Act No. Thirty:

Between May 18, 1995 and October 26, 1996, co-conspirator Joseph Lauricella was provided with phone numbers for the AFL-CIO by co- conspirators Franklin Glen Odell and Stuart Clark in order to facilitate the making of false labor abuse reports against Cadiz Land Company;

Overt Act No. Thirty-One:

Between May 18, 1995 and October 26, 1996, co-conspirator Joseph Lauricella at the direction of co-conspirators Franklin Glen Odell and Stuart Clark and for the benefit of their corporate co-conspirators falsified receipts for the purchase of Cadiz bottled water and falsely reported that he had purchased Cadiz bottled water to the members of the San Bernardino County Board of Supervisors, when no such bottled water was on retail shelves for sale;

Overt Act No. Thirty-Two:

Between January 1, 1995 and continuing until at least January 1, 1998, corporate co-conspirators Waste Management, et al, did employ co- spirators Harold"Hal"Cahill, Stuart Clark, Franklin Glen Odell, Bob Morris, and Joseph E. Lauricella in various capacities;

Overt Act No. Thirty-Three:

Between January 1995 and January 1998, Waste Management did at various times pay, remunerate, and reward co-conspirators Harold"Hal"Cahill, Stuart Clark, Franklin Glen Odell and Joseph E. Lauricella for their conduct in the Rail Cycle project in direct contravention of written corporate policy;

Overt Act No. Thirty-Four:

Between his date of hire by the County of San Bernardino until at least 1997, co-conspirator Philip Eldon Smith was a member of the "Rail Cycle team," in which capacity, he surreptitiously fed by fax machine and other means sensitive information about the Cadiz Land Company to members of corporate conspirators Waste Management et al and Rail Cycle,LP., in Irvine, California.

COUNT 2:

Between January 1, 1995 and October 16, 1996, WASTE MANAGEMENT, INC.,WASTE MANAGEMENT OF NORTH AMERICA,WASTE MANAGEMENT TECHNOLOGIES,INC,RAIL CYCLE,L.P.,HAROLD "HAL"CAHILL, STUART"STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS did commit FRAUD IN CONNECTION WITH SALE OF STOCK, in that said defendants did willfully and unlawfully employ, directly or indirectly, a device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of Cadiz Land Company securities or stock or willfully engage, directly or indirectly in and act, practice, or course of business which operated or would operate as a fraud or deceit upon the Cadiz Land Company in connection with the offer, purchase, or sale of securities or stock in violation of California Corporations Code 25541, to-wit: disseminating false information and false reports that drug trafficking and activity was taking place at the Cadiz Land Company;

COUNT 3:

Between January 1, 1995 and October 16, 1996, WASTE MANAGEMENT, INC.,WASTE MANAGEMENT OF NORTH AMERICA,WASTE MANAGEMENT TECHNOLOGIES,INC,RAIL CYCLE,L.P.,HAROLD "HAL"CAHILL,STUART"STU"CLARK,FRANKLIN GLEN ODELL, PHILIP ELSON SMITH, and BOB MORRIS did commit FRAUD IN CONNECTION WITH SALE OF STOCK, in that said defendants did willfully and unlawfully employ, directly or indirectly, a device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of Cadiz Land Company securities or stock or willfully engage, directly or indirectly in an act, practice, or course of business which operated or would operate as a fraud or deceit upon the Cadiz Land Company in connection with the offer, purchase, or sale of securities or stock in violation of California Corporations Code 25541, to-wit:disseminating false reports and false information that Cadiz Land Company employed illegal undocumented farm laborers;

COUNT 4:

Between January 1, 1995 and October 16, 1996, WASTE MANAGEMENT, INC.,WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS did commit FRAUD IN CONNECTION WITH SALE OF STOCK, in that said defendants did willfully and unlawfully employ, directly or indirectly, a device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of Cadiz

Land Company securities or stock or willfully engage, directly or indirectly, in an act, practice, or course of business which operated or would operate as a fraud or deceit upon the Cadiz Land Company in connection with the offer, purchase, or sale of securities or stock in violation of California Corporations Code 25541, to-wit: disseminating false information and false reports that Cadiz Land Company dumped hazardous materials in the groups at or near the Cadiz farming operation at Cadiz, California;

COUNT 5:

Between January 1, 1995 and October 16, 1996, WASTE MANAGEMENT, INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES, INC, RAIL CYCLE, L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS did commit FRAUD IN CONNECTION WITH SALE OF STOCK, in that said defendants did willfully and unlawfully employ, directly or indirectly, a device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of Cadiz Land Company securities or stock or willfully engage, directly or indirectly, in an act, practice, or course of business which operated or would operate as a fraud or deceit upon the Cadiz Land Company in connection with the offer, purchase, or sale of securities or stock in violation of California Corporations Cade 25541, to-wit: disseminating false information and false reports that Cadiz Land Company required their farm laborers to live in substandard unhealthly housing;

COUNT 6

Between January 1, 1995 and October 16, 1996, WASTE MANAGEMENT, INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES, INC, RAIL CYCLE, L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS did commit FRAUD IN CONNECTION WITH SALE OF STOCK, in that said defendants did willfully and unlawfully employ, directly or indirectly, a device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of Cadiz Land Company securities or stock or willfully engage, directly or indirectly, in an act, practice, or course of business which operated or would operate as a fraud or deceit upon the Cadiz Land Company in connection with the offer, purchase, or sale of securities or stock in violation of California Corporations Code 25541, to-wit: disseminating false reports and false information that Cadiz Land Company was selling bottled water in violation of the law;

COUNT 7:

Between January 1, 1995 and October 16, 1996, WASTE MANAGEMENT, INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES, INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS did commit FRAUD IN CONNECTION WITH SALE OF STOCK, in that said defendants did willfully and unlawfully employ, directly or indirectly, a device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of Cadiz Land Company securities or stock or willfully engage, directly or indirectly, in an act, practice, or course of business which oerated or would operate as a fraud or deceit upon the Cadiz Land Company in connection with the offer, purchase, or sale of securities or stock in violation of California Corporations Code 25541, to-wit: disseminating false reports and false information that Cadiz Land Company management threatened their farm workers with violence;

COUNT 8:

Between January 1, 1995 and October 16, 1996, WASTE MANAGEMENT, INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES, INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS did commit FRAUD IN CONNECTION WITH SALE OF STOCK, in that said defendants did willfully and unlawfully employ, directly or indirectly, a device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of Cadiz Land Company securities or stock or willfully engage, directly or indirectly in an act, practice, or course of business which operated or would operate as a fraud or deceit upon the Cadiz Land Company in connection with the offer, purchase, or sale of securities or stock in violation or California Corporations Code 25541, to-wit: disseminating false reports and false information regarding the reduction of the acquifer by Cadiz Land Company through manipulation of water level reports by pumping wells that were to remain idle;

COUNT 9:

Between January 1, 1995 and October 16, 1996, WASTE MANAGEMENT, INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES, INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS did commit FRAUD IN CONNECTION WITH SALE OF STOCK, in that said defendants did willfully and unlawfully employ, directly or indirectly, a device, scheme, or artifice to defraud in connection with the offer, purchase, or sale of Cadiz

Land Company securities or stock or willfully engage, directly or indirectly, in an act, practice, or course of business which operated or would operate as a fraud or deceit upon the Cadiz Land Company in connection with the offer, purchase, or sale of securities or stock in violation of California Corporations Code 25541. to-wit: delivered various documents to the attorney for Sun World that would cast Cadiz Land Company in a bad light in order to stop the Sun World-Cadiz purchase/merger from going through;

COUNT 10:

COUNT 11:

Between May 1, 1995 and August 1, 1995, the crime of OBTAINING TELEPHONE SERVICES BY FRAUD, in violation of PENAL CODE 502.7(A)(1), a felony, was committed by WASTE MANAGEMENT, INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC.RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did unlawfully, knowingly, willfully, and with intent to defraud a person providing telephone or telegraph service, to wit: Pacific Bell Telephone Company, avoid or attempt to avoid, or aid, abet or cause another to avoid the lawful charge, in whole or in part, for telephone or telegraph service, by charging the service of an existing telephone number or credit card number for telephone services without the authority of the subscriber thereto or the lawful holder thereof, to wit, the Cadiz Land Company.

COUNT 12:

From at least May 21, 1995 and to at least June 15, 1995, the crime of WIRETAPPING, in violation of PENAL CODE 831(A), a felony was committed by WASTE MANAGEMENT,INC.,WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES, INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who by means of a machine, instrument, or contrivance, or in any other manner, did unlawfully and intentionally make an unauthorized connection, physically, electrically, acoustically, inductively or otherwise, with a telephone wire, line, cable or instrument, including the wire, line, cable or instrument of any internal telephonic communication system, or did willfully and without the consent of all parties to the communication, or in any unauthorized manner, attempted to learn the contents or meaning of a message, report, or communication while the same was in transit or passing over a wire, line, or cable, or was being sent from, or received at a place within this state.

COUNT 13:

On or about September 21, 1995, the crime of RECEIVING STOLEN PROPERTY, in violation of PENAL CODE 496(A), a felony, was committed by WASTE MANAGEMENT,INC.,WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did unlawfully receive, conceal, withhold, or aid in concealing, selling, or withholding property, to wit, computer disks, investors lists, and other data belonging to the Cadiz Land Company, which had been stolen, knowing that said property had been stolen.

COUNT 14:

Between approximately July 1995 and May 1997, the crime of FRAUDULENT COMPUTER ASSESS, in violation of PENAL CODE 502(C)(1), a felony, was committed by WASTE MANAGEMENT,INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did willfully, knowingly and unlawfully access, alter, open, or utilize computer data, the property of Cadiz Land Company, without the permission of Cadiz Land Company, in order to devise or execute a scheme or artifice to defraud, deceive or extort the Cadiz Land Company, or wrongfully control the Cadiz Land Company's data.

COUNT 15:

Between July 1995 and May 1997, the crime of FRAUDULENT COMPUTER ACCESS, in violation of PENAL CODE 502(C)(2), a felony, was committed

by WASTE MANAGEMENT,INC.,WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did knowingly and unlawfully access, and take, copy, or make use of computer data, the property of Cadiz Land Company, without the permission of Cadiz Land Company.

COUNT 16:

On or about May 26, 1995, the crime of OFFERING TO FILE FALSE OR FORGED INSTRUMENT, in violation of PENAL CODE 115(a), a felony, was committed by WASTE MANAGEMENT,INC.,WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did unlawfully and knowingly attempt to procure or offer a false or forged instrument to be filed, registered, or recorded in a public office within this state, to wit: a F.A.C.E. (Fenner, Amboy, Cadiz, and Essex) resolution, which instrument, if genuine, might be filed, registered, or recorded under a law of this state or the United States america, but did fail or was prevented or intercepted in its perpetration;

COUNT 17:

On or about May 26, 1995, the crime of FORGERY OF A DOCUMENT, in violation of PENAL CODE 470(A), a felony, was committed by WASTE MANAGEMENT,INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did unlawfully, with intent to defraud, falsely make, alter, forge, or counterfeit a F.A.C.E. (Fenner, Amboy, Cadiz and Essex) resolution or did thereon counterfeit or forge the handwriting of another, to wit, Don Riddle, or did utter, publish, pass, or attempt to pass the same as true and genuine, knowing the same to be false, altered, forged, or counterfeited, with the intent to prejudice, damage, or defraud Mojave Waster Agency and Cadiz Land Company.

COUNT 18;

Between approximately July 1995 and at least May 1997, the crime of THEFT OF TRADE SECRET OF ANOTHER, in violation of PENAL CODE 499c(b)(1), a felony, was committed by WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT,INC., WASTE MANAGEMENT TECHNOLOGIES,INC.,RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did wilfully and unlawfully, with intent to deprive or withhold the control of a trade secret from its owner, the Cadiz Land Company, or with an intent to appropriate a trade secret to his own use or to the use of another, did steal, take, carry away, or use without authorization, a trade secret of the Cadiz Land Company.

COUNT 19:

Between approximately July 1995 and continuing to at least May 1997, the crime of THEFT OF TRADE SECRET OF ANOTHER, in violation of PENAL CODE 499C(b)(8), a felony, was committed by WASTE MANAGEMENT, INC.,WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did wilfully and unlawfully, with intent to deprive or withhold the control of a trade secret from its owner, the Cadiz Land Company, or with an intent to appropriate a trade secret to his own use or to the use of another, having unlawfully obtained access to the article, without authority made or caused to be made a copy of an article representing a trade secret of the Cadiz Land Company.

COUNT 20:

On or about May 26, 1995, the crime of OFFERING FALSE EVIDENCE, a felony, in violation of PENAL CODE 132, was committed by WASTE MANAGEMENT,INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did wilfully and unlawfully upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, to wit, Mojave Water Agency inquiry into Cadiz Land Company Conditional Use Permit, offers in evidence, as genuine or true, any book, paper, document, record, or other instrument in writing, to wit, purported letter of John Jacob Marti to Mojave Water Agency, knowing the same to have been forged or fraudulently altered or ante-dated.

COUNT 21:

On or about May 26, 1995, the crime of OFFERING FALSE EVIDENCE, a felony, in violation of PENAL CODE 132, was committed by WASTE MANAGEMENT,INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who did wilfully and unlawfully upon any trial, proceeding, inquiry, or investigation whatever, authorized or permitted by law, to wit, Mojave Water Agency inquiry into Cadiz Land Company Conditional Use Permit, offers in evidence, as genuine or true, any book, paper, document,

record, or other instrument in writing, to wit, purported letter of Don Riddle to Mojave Water Agency and F.A.C.E. resolution, knowing the same to have been forged or fraudulently altered or ante-dated.

COUNT 22:

On or about May 26, 1995, the crime of PREPARING FALSE DOCUMENTARY EVIDENCE, a felony, in violation of PENAL CODE 134, was committed by WASTE MANAGEMENT,INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who wilfully and unlawfully prepared any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, to wit, letter of John Jacob Marti to Mojave Water Agency with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, to wit, Mojave Water Agency inquiry into Cadiz Land Company Conditional Use Permit.

COUNT 23:

On or about May 26, 1995, the crime of PREPARING FALSE DOCUMENTARY EVIDENCE, a felony, in violation of PENAL CODE 134, was committed by WASTE MANAGEMENT,INC., WASTE MANAGEMENT OF NORTH AMERICA, WASTE MANAGEMENT TECHNOLOGIES,INC, RAIL CYCLE,L.P., HAROLD "HAL" CAHILL, STUART "STU" CLARK, FRANKLIN GLEN ODELL, PHILIP ELDON SMITH, and BOB MORRIS who wilfully and unlawfully prepared any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, to wit, letter of Don Riddle to Mojave Water Agency and F.A.C.E. resolution, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, to wit, Mojave Water Agency inquiry into Cadiz Land Company Conditional Use Permit.

ALLEGATION REGARDING TOLLING OF STATUTE OF LIMITATIONS:

It is further alleged as to all crimes arising in 1995 before the date of the filing of this true bill, the applicable statutes of limitations were tolled upon the filing of felony complaint no. FWV--15507 in the West Valley Municipal Court on or about May 11, 1998. This felony complaint remained pending in the West Valley Municipal Court until the filing of this true bill. This allegation is within the meaning of Penal Code 803(b).

ALLEGATION REGARDING TOLLING OF STATUTE OF LIMITATIONS:

It is further alleged as to all crimes arising in 1995 before the date of the filing of this true bill, the date of discovery was on or after October 15, 1996. This allegation is within the meaning of Penal Code 803(c).

A TRUE BILL:

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