Fiber Network Solutions was never just a company. It was a proving ground — a place where young talent was given a runway to grow, build, and lead. Founded by Learjet captain and entrepreneur David J. Koch, FNSI quickly became one of the most dynamic data network providers in the nation — hitting the Inc. 500 list twice while building one of the earliest private data center backbones in the Midwest, and the first and only at its time to deploy and operate five profitable datacenters (circa 2001).

It was never about flash. It was about fundamentals: engineering excellence, mentorship, and creating a real career path for people in their 20s, including a young Kyle Bacon, who joined the effort shortly after finishing his engineering degree. Dave built the business model, the team, the national reach — and trained his own replacement so that others could take flight too.

Then came the silence. In 2003, during a period when Dave was medically incapacitated, Fiber Network Solutions was quietly and fraudulently acquired — stripped from its founder and buried without record in the acquiring company's (Cogent Communications) financials and SEC S-1 registration. Kyle Bacon, the inexperienced mentee-turned-turncoat, helped execute the handoff and was later rewarded with an executive position at Cogent Communications. Kyle Bacon became Cogent's first CIO.

Now, the silence is over. This site contains the full history of FNSI — its founding, its growth, and the irrefutable evidence of what was stolen and who profited. Dave Koch's 1.2 million shares is memorialized in the Company's KPMG audits and in the McDonald Investment's Memorandum and the KPMG Auditors' Reports located on the Evidence Page.

It also documents the ongoing federal whistleblower proceedings, including disclosures to the SEC, FBI, DOJ, and IRS-CI.

Because the truth doesn’t sink.

Who Is Dave Koch?    Click Here to learn about Dave and his work.

Kyle Bacon (left) Dave Koch (right) Fiber Network Solutions' Network Operations Center

Fiber Network Solutions' Network Operations Center

Dave Koch, President, CEO & Chairman

Fiber Network Solutions, Inc.

Fiber Network Solutions, Inc.

Corporate Headquarters - Columbus, Ohio

When Dave Schaeffer, CEO of Cogent Communications bought Fiber Network Solutions, it was not a legitimate corporate acquisition, but a calculated financial fraud carried out by individuals inside Fiber Network Solutions, Inc. (FNSI) and Cogent — designed to extract value for insiders while bypassing lawful shareholder entitlements.

While he was incapacitated due to severe illness, under activities that demonstrate clear legal, ethical, and criminal misconduct, Koch was forcibly and unlawfully divested of control of his company, along with his 1.2 million shares.

FNSI was an eight-year-old Tier One Internet backbone — a mature, revenue-generating enterprise producing eight figures annually. In the late 1990s and early 2000s, technology companies were frequently valued using revenue multiples ranging from 20x to 100x, based on growth rates, profitability, and acquisition trends.

FNSI had been profitable for years and received consecutive unqualified audit opinions from KPMG. Based on these industry benchmarks, its estimated valuation fell between $200 million and $1 billion.

But in early 2003, instead of a standard equity transaction, the deal was camouflaged as an “asset sale” — a structure that nullified Koch’s 1.2 million shares and funneled value through a network of undisclosed and deliberately concealed mechanisms, including Exhibit 2.5, stripped of all schedules and buried in Cogent’s S-1 SEC registration as a “miscellaneous asset purchase.”

Combine the hidden Exhibit 2.5 with the authorship of Koch’s proxy given to Kyle Bacon because he was too ill to attend board or shareholder meetings. These are the bookends of a fraud. According to recently discovered forensic evidence, that proxy was authored by Bill Kelly, a Columbus, Ohio attorney Koch fired for cause two years prior.

The proxy and the concealed Exhibit 2.5 form the bookends of a calculated fraud: one conferring false authority, the other burying its paper trail. Together, they demonstrate both the intent to commit fraud and the conscious effort to conceal it.

“At the time, I trusted Kyle, States Koch. “I was too sick to even consider if I was concerned whether he would vote my shares in my best interest and not engage in any kind of self-dealing.”

The assumption of the conspirator’s was simple: Koch wouldn’t survive long enough to uncover what had been done.

While in and out of the hospital and at home, Kyle Bacon made Koch believe that his absence caused the company to decline to a point that both business and personal bankruptcy were looming. Believing that Bacon was his trusted partner, Koch was manipulated during this vulnerable period to believe that Cogent Communications would rescue Koch by taking over the debt of FNSI, thereby negating the bankruptcy threat.

This is not a cold case. The applicable statute of limitations remains open under established federal tolling doctrines.

A 160-page evidentiary report, supported by primary source documents, recordings, and contemporaneous records, identifies multiple independent bases under federal law for tolling and extending the statute of limitations for both civil and criminal claims arising from the 2003 transaction and its subsequent concealment.

These bases fall into two distinct but reinforcing legal frameworks: (1) the discovery rule, and (2) continuing and ongoing concealment.

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The Discovery Rule — Independent Tolling Basis

Under the federal discovery rule, a statute of limitations does not begin to run until the injured party discovers — or, through reasonable diligence, should have discovered — the existence of the fraud and the resulting injury.

David J. Koch’s first documented indication that he had been defrauded occurred on or about January 30, 2025, when an email exchange with Kyle Bacon, combined with a review of archived corporate records, revealed the deliberate nature of the underlying transaction.

Prior to that date, the structure and consequences of the transaction — including the use of a proxy, the omission of material schedules, undisclosed distributions, and coordinated concealment — were not reasonably discoverable due to sustained and active concealment.

Under the discovery rule, any applicable limitations period did not begin to run before that date.

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Continuing Concealment — Ongoing Tolling

The tolling analysis does not end with discovery. It extends to the present.

The schedules to Exhibit 2.5 of Cogent’s 2004 S-1 registration statement — documents that would disclose the full financial structure of the transaction — have never been produced.

Despite formal written demands and notice, Cogent Communications has refused to provide these materials.

On May 23, 2025, Cogent’s Chief Legal Officer, John Chang, confirmed in writing:

“You are not entitled to those materials and we are not obligated to provide those to you.”

This refusal constitutes a documented, ongoing act of concealment occurring in 2025.

Under the doctrine of fraudulent concealment, the statute of limitations is tolled for as long as the defendant continues to actively withhold material information necessary to fully discover the claim.

Because the Exhibit 2.5 schedules remain withheld, the concealment that began in 2003 has not been resolved.

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Resulting Limitations Framework

Two independent conclusions follow:

First, under the discovery rule, no limitations period began prior to January 30, 2025.

Second, under continuing concealment, there is a legally supportable basis that the limitations period remains tolled to the present due to ongoing withholding of material information.

Each doctrine independently defeats a statute of limitations defense. Together, they establish a continuous and uninterrupted limitations framework extending into the present.

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Key Case Law:

Holmberg v. Armbrecht, 327 U.S. 392 (1946)

Klehr v. A.O. Smith Corp., 521 U.S. 179 (1997)

Merck & Co. v. Reynolds, 559 U.S. 633 (2010)

United States v. Smith, 740 F.2d 734 (9th Cir. 1984)

United States v. Arnold, 117 F.3d 1308 (11th Cir. 1997)

United States v. Levine, 457 F.2d 1186 (10th Cir. 1972)

Toussie v. United States, 397 U.S. 112 (1970)

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Statutory Violations Referenced

18 U.S.C. § 371 — Conspiracy to defraud the United States

18 U.S.C. § 1001 — False statements and concealment of material facts

18 U.S.C. § 1510 — Obstruction of criminal investigations

18 U.S.C. § 1512 — Witness tampering and interference with evidence

18 U.S.C. § 4 — Misprision of felony

18 U.S.C. § 3282 — General federal statute of limitations (non-capital offenses)

18 U.S.C. § 1030(a)(2) — Unauthorized access to protected computers

18 U.S.C. § 1030(a)(5) — Intentional damage to protected computers

18 U.S.C. § 1030(b) — Conspiracy and attempt under the Computer Fraud and Abuse Act

18 U.S.C. § 1029 — Fraud involving access devices

This is the official site of Fiber Network Solutions, Inc. — and the federal whistleblower who exposed how it was stolen, buried, and erased from history. What follows is the true story of how it was built, and how its theft is finally being brought to light.

The June 17, 2025 news release exposed the smoking gun that connected all the dots — proving that Cogent Communications did not build a data center empire, but deployed one stolen from Fiber Network Solutions.

It implicates key players — Dave Schaeffer, Kyle Bacon, Diana Ritchie Thomas (formerly Diana Anderson), Vince Bacon, Jim Bacon, Bill Kelly, Craig Housley, and Inga Housley — as participants in a racketeering scheme consistent with violations of 18 U.S.C. § 1962 (RICO).

This release contains:

➤  A recorded admission by former CIO Kyle Bacon

➤  The original 2001 FNSI brochure from the Internet Archive

➤  Timeline proof of misappropriation and concealment

➤  Forensic evidence confirming board-level knowledge and insider

     stock sales exceeding $47 million

Read the full release here:

The Silver Bullet

This was the moment everything changed.

The Fraudulent Acquisition of Fiber Network Solutions, Inc. (FNSI) by Dave Schaeffer and Cogent Communications (NASDAQ: CCOI)

For more than twenty years, the individuals who engineered the 2003 FNSI–Cogent transaction operated under the assumption that the passage of time had insulated their conduct from scrutiny. The evidentiary record now indicates that assumption is no longer valid.

This website presents the verified record of the Fiber Network Solutions, Inc. (FNSI) – Cogent Communications fraud, theft, and subsequent cover-up.

Founded in 1995 by David J. Koch and Kyle C. Bacon, FNSI was a profitable, audited Tier-one backbone carrier with nationwide infrastructure.

In February 2003, while Mr. Koch was medically incapacitated, Kyle Bacon and associates orchestrated the fraudulent sale of FNSI to Cogent Communications, concealing assets, destroying records, and misrepresenting ownership.

This archive documents the twenty-two-year aftermath: concealed exhibits, insider admissions, false founder narratives, insider stock sales, and sealed federal criminal cases now under multi-agency review (DOJ / FBI / SEC / IRS-CI / FAA).

Every file, quote, and date is authenticated, with corroborating government responses and forensic data.

The objective is not revenge—but restoration of truth and justice.

FNSI’s history, its founder, and the evidence of record are preserved here so that the public, regulators, and prosecutors have a permanent, unalterable reference to the facts.

Case Overview

The Question of Consent

At the time of the February 26, 2003 transfer of Fiber Network Solutions, Inc., did David J. Koch possess the legal capacity required to provide informed consent, in light of contemporaneously documented severe physical and psychological impairments?

Kyle Bacon, VP & COO FNSI, / CIO Cogent Communications

Kyle Bacon, VP & COO FNSI, / CIO Cogent Communications

Kyle Bacon, VP & COO FNSI, / CIO Cogent Communications

Kyle Bacon, VP & COO FNSI, / CIO Cogent Communications

Kyle Bacon, VP & COO FNSI, / CIO Cogent Communications

Let's let Kyle tell us if Koch was capable of giving consent.

For an in-depth, comprehensive overview of the documentary timeline regarding the fraudulent acquisition of Fiber Network Solutions, Inc. by Cogent Communications (NASDAQ: CCOI), visit the Download PDF's page, or read the html versions at the Read Doc's On-Line page.

If David J. Koch consented to the transaction, why is his signature not on the controlling document — Exhibit 2.5?