March 14–19, 2025 — Initial Notices to Cogent
Between March 14 and March 19, 2025, David J. Koch sent a series of formal notices to Cogent Communications regarding the fraudulent 2003 acquisition of Fiber Network Solutions, Inc. (FNSI).
March 14, 2025: A formal notice outlined that the FNSI sale was engineered through deception, with concealed conflicts of interest, asset misrepresentation, and fraudulent inducement. The letter warned that newly uncovered evidence reset the statute of limitations and exposed Cogent to federal scrutiny under obstruction and fraud statutes.
March 17, 2025: A demand letter cited Cogent’s own internal access logs (ASN 174, IP 66.28.3.2) showing executives had reviewed evidence of fraud. It emphasized that silence or delay would reinforce complicity and invited Cogent to engage in good-faith settlement discussions before federal escalation.
March 18, 2025: A whistleblower inquiry notice asked Cogent to confirm whether an internal whistleblower had contacted the company in December 2023, and whether that individual had been improperly referred to original conspirators instead of being investigated internally.
March 19, 2025: An escalation letter warned that Cogent’s continued silence tied the company directly to obstruction and conspiracy. It detailed potential criminal exposure under federal statutes and pressed for immediate corrective action. Later that day, Cogent CLO John Chang issued a one-sentence denial, rejecting wrongdoing and signaling intent to “vigorously defend.”
This page provides a chronological index of key documents related to the FNSI–Cogent Communications fraud case. Each entry contains a short summary for context, followed by a direct link to the original PDF.
The PDF files presented here are the complete, unaltered, word-for-word original documents as sent or published.
For ease of review, these materials can also be read online at the Read Doc's On-Line page, where they are presented in a web-based format for readability. While care has been taken to ensure accuracy, the PDF files remain the authoritative source.
The purpose of this index is to organize notices, memoranda, news releases, and exhibits in a clear sequence so readers can easily trace the development of events and evidence.
Summary (March 19, 2025)
Cogent’s Chief Legal Officer, John Chang, formally denied wrongdoing in the FNSI acquisition and dismissed the allegations raised in earlier notices. The letter rejected responsibility for concealment of Exhibit 2.5 schedules and stated Cogent would “vigorously defend” against claims. It also declared that future correspondence from the whistleblower would not receive responses unless Cogent deemed it necessary.
Memo to Cogent Board – April 5, 2025
David J. Koch issued a formal memorandum to the Board of Directors of Cogent Communications warning that Directors and Officers (D&O) insurance coverage was at imminent risk of denial. The document outlined how fraud, willful misconduct, improper profit, and prior knowledge exclusions applied directly to Cogent’s 2003 acquisition of Fiber Network Solutions (FNSI), concealed whistleblower filings, cyberattacks, and ignored settlement demands. The memo emphasized that board members faced personal liability, loss of indemnity, and potential subpoenas or indictments if the cover-up continued.
News Release – April 5, 2025
This release details whistleblower David J. Koch’s formal complaints to the U.S. Department of Justice (DOJ) and the Financial Industry Regulatory Authority (FINRA) regarding Cogent Communications’ $174.4 million IPv4 securitization announced on April 4, 2025. The filing argues the transaction was structured through a bankruptcy-remote subsidiary to shield revenue streams from enforcement actions tied to the concealed 2003 FNSI acquisition. Allegations highlight material nondisclosure, revenue shielding, and obstruction risks, with calls for DOJ and FINRA to investigate under federal securities and fraudulent conveyance statutes.
News Release – April 9, 2025
This release reports that Cogent Communications (NASDAQ: CCOI) remained silent despite formal whistleblower submissions and indications of federal review by the SEC, DOJ, FBI, and IRS-CI. On April 4, 2025, the company announced a $174.4 million IPv4 securitization deal but did not disclose these ongoing issues in its filings. The release cites potential securities law concerns under SEC Rule 10b-5 and emphasizes the legal risks for Cogent’s officers and directors. It also serves as a final notice to insiders, urging them to obtain independent counsel and cooperate with authorities.
April 9, 2025 – News Release: Undisclosed Federal Risk in Cogent’s $174M IPv4 Deal
This release outlines whistleblower allegations that Cogent Communications failed to disclose active federal investigations before its $174.4M IPv4 securitization on April 4, 2025. The notice details a 22-year concealment scheme involving FNSI’s 2003 acquisition, suppressed records, and insider payoffs. Federal agencies engaged include the DOJ, SEC, FINRA, and IRS-CI. Evidence cited: a 125-page whistleblower report, server intrusion logs, and recordings of insider admissions. The omission of these risks raises potential securities fraud and obstruction violations.
News Release — April 11, 2025
This release warns that Cogent Communications was finalizing a $174.4 million IPv4 securitization despite being under active review by the DOJ, SEC, IRS-CI, and FINRA. The whistleblower filing detailed a 22-year concealment tied to the 2003 FNSI acquisition, insider equity manipulation, and falsified legal documents. The release cautions that proceeding without disclosure could expose Cogent, its underwriters, and executives to federal securities, obstruction, and conspiracy liabilities.
News Release – April 14, 2025
Cogent Communications closed a $174.4 million IPv4 securitization on April 11, 2025, without disclosing an active whistleblower investigation involving the DOJ, SEC, IRS-CI, and FINRA.
SEC filings confirm the transaction through an Indenture Supplement and a Second Amendment to the Base Indenture, both signed by Wilmington Trust. The whistleblower’s 137-page report outlines a 22-year cover-up of Cogent’s 2003 fraudulent acquisition of Fiber Network Solutions, Inc. (FNSI), including concealed schedules to Exhibit 2.5, suppressed disclosures, and evidence of obstruction continuing into 2025. Despite direct legal notice, Cogent issued no public statement, raising serious concerns of material nondisclosure and investor risk.
News Release – April 15, 2025
Cloudflare logs show Wilmington Trust, the Indenture Trustee for Cogent’s $174.4 million IPv4 securitization, did not access the whistleblower’s consolidated March 21, 2025 disclosure until April 14—three days after the deal was executed. The document, which compiled four prior legal notices, outlined Cogent’s exposure to active federal criminal investigations and included a dismissive reply from Cogent’s Chief Legal Officer. The timeline suggests Cogent failed to inform Wilmington Trust of material risks before closing, raising concerns about whether the trustee was misled. This release ties current events directly to the long-concealed 2003 FNSI acquisition and documents statutory reset arguments based on obstruction and concealment.
News Release – April 16, 2025
This release raises 11 urgent questions for Cogent’s leadership following its $174.4 million IPv4 securitization deal, which closed amid active federal whistleblower investigations. It highlights potential perjury risks for CEO Dave Schaeffer, details Cogent’s concealment of the 2003 FNSI acquisition in SEC filings, and points to the company’s failure to disclose federal probes to investors, insurers, and underwriters. The document underscores that the ongoing cover-up now constitutes the crime itself, extending the legal and ethical stakes into 2025.
Memorandum to Wilmington Trust Board – April 18, 2025
This notice was delivered to the Board of Wilmington Trust regarding its $174.4 million IPv4 securitization with Cogent Communications on April 11, 2025. The memorandum outlines how the deal proceeded despite multiple legal notices disclosing federal whistleblower filings, active DOJ/SEC/IRS-CI investigations, and Cogent’s concealed 2003 acquisition of Fiber Network Solutions (FNSI). It details the fiduciary obligations of Wilmington Trust, the ethical concerns of monetizing assets tied to a fraudulent acquisition, and how concealment acts since 2023 reset federal statutes of limitation.
April 18, 2025 – Memorandum to M&T Bank Corporation Board
This memorandum formally notified the M&T Bank Corporation Board of Directors that its subsidiary, Wilmington Trust, executed a $174.4 million IPv4 securitization with Cogent Communications on April 11, 2025—despite Cogent’s receipt of multiple legal notices about the concealed 2003 FNSI acquisition and ongoing federal investigations.
The memo outlines:
- The 2003 FNSI acquisition, carried out while founder David J. Koch was incapacitated and later concealed in SEC filings.
- Wilmington Trust’s execution of the transaction without disclosure of whistleblower notices or regulatory risks.
- A timeline of notices (March 14–19, 2025), board memos, and public releases leading up to the securitization.
- Ethical and legal considerations placing M&T on record as the corporate parent overseeing assets tied to a 22-year cover-up.
References to controlling case law and ongoing whistleblower filings with DOJ, SEC, FBI, IRS-CI, and FINRA.
The memorandum stresses that the securitization converted a documented history of concealment into tradable securities, placing M&T on formal record of knowledge and potential institutional exposure.
April 21, 2025 – Three Board Memorandums Strike Simultaneously
This release documents how Cogent Communications, Wilmington Trust, and M&T Bank were formally placed on legal and ethical record in connection with Cogent’s $174.4M IPv4 securitization. Despite prior warnings, the transaction proceeded on assets tied to the concealed 2003 FNSI acquisition. The release highlights John Chang’s March 19, 2025 refusal email, resetting the statute of limitations, and points to evidence including Kyle Bacon’s recorded admissions and confirmed Cogent (ASN 174) access logs. It frames the matter as ongoing obstruction, board-level liability, and a 22-year cover-up.
News Release – April 23, 2025
This release highlights Exhibit 2.5 of Cogent’s SEC filings, described as the “most dangerous page in Cogent’s SEC history.” All key schedules were omitted, concealing who was paid, which liabilities were assumed, and how assets were allocated. Evidence shows the proxy approving the FNSI sale was drafted by a terminated attorney on behalf of a medically incapacitated CEO. The release warns of two red flags: (1) concealed acquisition details and (2) Cogent’s unsustainable 145% dividend payout ratio. Together, they suggest systemic concealment and financial misrepresentation, now central to ongoing federal investigations.
Memo to Cogent Board – Final Notice (April 30, 2025)
David J. Koch issued a formal whistleblower notice to Cogent’s Investor Relations and legal officers, mandating full distribution to every board member. The letter cites federal statutes including Sarbanes-Oxley, Dodd-Frank, and IRS Whistleblower law, and warns that any failure to share unredacted disclosures constitutes willful complicity. Koch emphasizes that Cogent had six prior opportunities in March 2025 to resolve the matter confidentially but chose dismissal, a decision now carrying legal consequence.
News Release – May 5, 2025
This release, issued days before Cogent’s Q1 2025 earnings call, outlines allegations of securities fraud and concealment tied to Cogent’s 2003 acquisition of Fiber Network Solutions (FNSI). It highlights the missing Exhibit 2.5 schedules, a proxy drafted by a disqualified attorney, and over twenty years of suppressed disclosures. Whistleblower David J. Koch warns analysts, regulators, and shareholders that dividend practices, insider conduct, and concealed liabilities represent not only governance failures but potential felonies now under federal review.
News Release – May 12, 2025
This release documents how federal whistleblower David J. Koch was denied the opportunity to participate in Cogent Communications’ Q1 2025 earnings call despite identifying himself and submitting sixteen formal requests to ask a question. Koch highlighted that Cogent continues to suppress disclosure about its 2003 acquisition of Fiber Network Solutions, Inc. (FNSI), originally disguised as “miscellaneous assets” with missing Exhibit 2.5 schedules. The release describes this exclusion as a coordinated effort to silence whistleblower evidence in a public investor forum, noting Cogent’s financial reporting of heavy losses alongside unsustainable dividend increases.
News Release – May 13, 2025
This release highlights Cogent’s Q1 2025 Form 10-Q filing, which again omitted any reference to its 2003 acquisition of Fiber Network Solutions (FNSI). David J. Koch, FNSI’s founder, called the omission “intentional and indefensible.” He detailed how the sale was executed with an unauthorized proxy while he was incapacitated, supported by documents filed as Exhibit 2.5 but stripped of schedules and references to FNSI. Between March and April 2025, Koch issued multiple formal notices and board memorandums, all acknowledged but ignored by Cogent executives. On May 8, 2025, Koch attempted to raise these issues on Cogent’s Q1 earnings call but was blocked from participating. The release emphasizes ongoing concealment, insider silence, and active federal investigations involving the SEC, FBI, IRS-CI, and U.S. Attorney’s Office.
FNSI Demand Letter to Cogent (May 23, 2025)
This formal legal demand, addressed to Cogent’s independent directors and legal officers, excludes CEO Dave Schaeffer due to his direct exposure. Acting as President and CEO of FNSI and as a federally recognized whistleblower, David J. Koch requires production of all omitted schedules referenced in Exhibit 2.5 of the 2003 Asset Purchase Agreement. The letter cites potential violations including falsification of records, material omissions, obstruction of justice, conspiracy, and breaches of fiduciary duty. It emphasizes that the matter is criminal, not civil, with open cases under IRS-CI, SEC, DOJ, FBI, FAA, and the U.S. Attorney’s Office. Recipients are given five days to comply and warned that further concealment or retaliation will be cited as predicate acts under RICO.
Reply from Cogent Legal Officer to Formal Exhibit 2.5 Demand (May 23, 2025)
This correspondence documents Cogent Chief Legal Officer John Chang’s reply to David J. Koch’s formal legal demand regarding the concealed Exhibit 2.5 schedules tied to the FNSI acquisition. Koch’s demand letter—sent in his capacity as FNSI’s President and a federally recognized whistleblower—outlined potential violations including obstruction of justice, misprision of felony, retaliation, RICO predicate acts, and SEC disclosure breaches. Chang’s response rejected the request, denied misconduct, and characterized further notice as unwarranted harassment
May 23, 2025 — Legal Response to John Chang
This letter formally replies to Cogent’s Chief Legal Officer, John Chang, following his acknowledgment of prior whistleblower communications. It documents Cogent’s awareness of federal filings with the SEC, IRS-CI, FBI, FAA, and U.S. Attorney’s Office, and challenges his claim that requested records are “not entitled.” The response cites federal whistleblower protections (18 U.S.C. § 1513(e)), securities law provisions (17 C.F.R. §§ 240.13b2-1, 12b-20), and Delaware shareholder inspection rights. It issues a cease-and-desist against mischaracterizing whistleblower activity, refusing Exhibit 2.5 schedules, or obstructing communication to the Board. The filing is preserved as evidence and adds to the federal record.
May 27, 2025 – Demand for Omitted Schedules
David J. Koch issued a formal demand to Cogent’s Board, Corporate Secretary, and Chief Legal Officer for the immediate production of the shareholder schedules unlawfully withheld from Exhibit 2.5 of the 2003 FNSI Asset Purchase Agreement. The letter stressed that these records are central to ongoing federal investigations (SEC, DOJ, IRS-CI, FBI, FAA, USAO) and are no longer subject to discretionary withholding. Koch set a firm deadline for delivery and warned that failure to comply would constitute obstruction, retaliation against a federal whistleblower, and renewed RICO exposure.
News Release – May 29, 2025
This release asserts that Cogent Communications built its colocation business on the concealed 2003 acquisition of FNSI, fraudulently hidden in SEC filings as “miscellaneous assets.” It outlines a 22-year conspiracy by Cogent executives, directors, and legal counsel, framing the cover-up as a RICO enterprise under 18 U.S.C. § 1962(d). The notice details repeated legal demands for Exhibit 2.5 schedules, CEO Dave Schaeffer’s $4.3M stock sales during escalating whistleblower notices, and references to active SEC, DOJ, IRS-CI, and U.S. Attorney investigations.
News Release – May 30, 2025
This release spotlights Exhibit 2.5, the “miscellaneous asset” filing Cogent has concealed since 2003. Federal whistleblower David J. Koch explains how the missing schedules underpin Cogent’s first profitable colocation business, converted from PSI datacenters using FNSI’s model. Despite fourteen legal notices, Cogent has refused to release the schedules—while CEO Dave Schaeffer sold $4.3M in stock in the same window. Analysts warn that concealment now constitutes potential RICO predicate acts, securities fraud, and obstruction of justice.
June 2, 2025 – News Release
This release accuses Cogent Communications of criminal obstruction for its continued refusal to produce the Exhibit 2.5 schedules tied to the 2003 FNSI acquisition. Despite fourteen formal notices, including a final 48-hour deadline, Cogent withheld the documents—believed to contain direct evidence of asset misappropriation and accounting fraud. The refusal is framed as obstruction under federal statutes including RICO (18 U.S.C. §1962(d)), concealment of records (18 U.S.C. §1519), and retaliation against a whistleblower (18 U.S.C. §1513(e)). Legal analysts warned that directors’ inaction creates personal liability under Delaware law and federal law. The release also highlights CEO Dave Schaeffer’s $4.3M insider stock sales in May 2025 and states that each day of concealment constitutes a new predicate act.
News Release – June 4, 2025
Cogent Communications announced a $600 million senior secured debt raise just two days after being accused of obstruction for withholding Exhibit 2.5 schedules tied to FNSI’s concealed 2003 acquisition. At the same time, CEO Dave Schaeffer quietly sold 115,000 shares worth $5.5 million, timed around federal deadlines. Whistleblower David J. Koch alleged this was part of a coordinated cover-up involving racketeering, insider dealings, and retaliation. The release cites violations of RICO, securities fraud, and document concealment statutes, warning that Cogent’s Board could face personal liability for ignoring federal demands.
News Release – June 9, 2025
This release documents Cogent Communications’ refusal of multiple lawful opportunities to resolve the FNSI acquisition matter. Despite formal notices between March 14–19, 2025, and again on May 23, Cogent denied responsibility while federal agencies—including the IRS-CI, SEC, DOJ, FAA, and U.S. Attorney—were already in possession of whistleblower evidence. The release highlights obstruction, whistleblower suppression, and potential racketeering liability, while also noting insider stock sales by Cogent’s CEO during this period of federal scrutiny.
June 11, 2025 – Formal Memorandum to the Cogent Board
This legal memorandum, delivered directly to Cogent’s Board of Directors, placed each member on formal notice of their fiduciary duties under Delaware law. It highlights newly released forensic evidence, including FNSI’s original 2001 brochure, proving that Cogent inherited and concealed FNSI’s colocation and backbone model. The memo cites potential violations of federal racketeering, obstruction, and whistleblower retaliation statutes, and identifies active investigations by the IRS-CI, FBI, SEC, FAA, and U.S. Attorney’s Office. It warns that continued inaction exposes board members to civil and criminal liability.
News Release – June 11, 2025
This release presents newly surfaced evidence proving that Fiber Network Solutions, Inc. (FNSI) operated a profitable, coast-to-coast colocation network before Cogent Communications entered the market. A 2001 FNSI brochure, preserved by the Internet Archive, confirms the company’s audited financials, Tier One backbone, and data centers in multiple cities. The release alleges Cogent concealed its February 2003 acquisition of FNSI as a “miscellaneous asset,” then deployed FNSI’s model to rescue failing PSInet data centers. Federal agencies—including the SEC, DOJ, IRS-CI, FAA, and the U.S. Attorney’s Office—are now investigating the concealment, missing Exhibit 2.5 schedules, and subsequent insider stock sales.
News Release – June 17, 2025
This release delivers conclusive proof that Cogent Communications’ data center empire was built on Fiber Network Solutions, Inc.’s (FNSI) existing architecture, not Cogent innovation. Recorded admissions by former CIO Kyle Bacon confirm CEO Dave Schaeffer ordered him to deploy FNSI’s profitable model to failing PSINet sites, making them profitable within months. Archived FNSI brochures independently corroborate the model’s origin, dismantling Cogent’s long-standing false narrative. The release also details Schaeffer’s $47.5 million in insider stock sales executed after receiving whistleblower notices, underscoring the growing risk of SEC action, Nasdaq delisting, and federal enforcement.
News Release – June 25, 2025
This release was directed not at executives or regulators, but at the children of Craig Housley, whose names and futures have become entangled in the long-concealed FNSI–Cogent fraud. It outlines evidence of financial disbursements to the Housley family, the May 2, 2025 legal notice, and subsequent digital forensics showing circulation of that notice to the original enterprise. The release emphasizes that complicity in obstruction resets the statute of limitations, highlights the risks of professional and legal consequences, and calls for the next generation to choose transparency over concealment.
News Release – July 1, 2025
This release, titled Generational Fallout: How the Cover-Up of a Corporate Crime Is Now Destroying Innocent Young Lives, highlights how the decades-long concealment of FNSI’s fraudulent 2003 sale to Cogent Communications has now impacted the families of those involved. It describes how Craig and Inga Housley, once in direct contact with whistleblower David Koch, chose silence and complicity over accountability—leading to consequences now affecting their children’s futures. The document also outlines Cogent’s continued SEC filing omissions in 2025, stock sales by CEO Dave Schaeffer, and supporting forensic evidence including Cloudflare logs tracing activity to Kyle Bacon’s offshore residence. It underscores the intergenerational damage caused when a corporate crime remains unaddressed.
News Release – July 4, 2025
This release announced a turning point in the federal investigation of Cogent Communications’ concealed acquisition of FNSI. Legal observers described the case as having reached the “point of no return,” with DOJ, SEC, IRS-CI, and FINRA actively engaged. Evidence cited included agency circulation of whistleblower materials, board-level access logs, and independent reviews by investors and journalists. The document highlighted Exhibit 2.5 as a central piece of concealed evidence, warning Cogent’s board that silence may be treated as deliberate complicity.
News Release – July 5, 2025
This release features a forceful statement from whistleblower and FNSI founder David J. Koch, declaring that Cogent’s collapse was inevitable and that its leadership underestimated his survival and persistence. Koch highlights Cogent’s 2003 concealed acquisition of FNSI, ongoing federal investigations, and the failure of Cogent’s board to address more than thirty-five formal notices and evidentiary submissions since March 2025. The release reproduces two dismissive replies from Cogent’s Chief Legal Officer, John Chang, now cited as exhibits in active criminal investigations.
Download: Koch’s March 14–19, 2025 Notices to Cogent (PDF) — formal whistleblower emails demanding disclosure of Exhibit 2.5 schedules.
Download: March 19, 2025 Reply from Cogent’s counsel John Chang (PDF) — initial legal response to Koch’s demands.
Download: April 5, 2025 Memo to Cogent’s Board (PDF) — evidence outlining concealment of the FNSI acquisition.
Download: April 5, 2025 News Release (PDF) — whistleblower disclosure regarding Cogent’s SEC omissions.
Download: April 9, 2025 News Release (PDF) — exposing Cogent’s Exhibit 2.5 concealment.
Download: April 9, 2025 News Release to FINRA (PDF) — securities oversight notification.
Download: April 11, 2025 News Release (PDF) — escalation of SEC and DOJ involvement.
Download: April 14, 2025 News Release (PDF) — details on FNSI ownership concealment.
Download: April 15, 2025 News Release (PDF) — whistleblower evidence expands to insider stock sales.
Download: April 16, 2025 News Release (PDF) — further proof of SEC filing irregularities.
Download: April 18, 2025 Memo to Wilmington Trust Board (PDF) — fiduciary concerns regarding Cogent’s concealment.
Download: April 18, 2025 Memo to MT Board (PDF) — shareholder fraud warning.
Download: April 21, 2025 News Release (PDF) — federal engagement confirmation.
Download: April 23, 2025 News Release (PDF) — cover-up narrative expansion.
Download: April 30, 2025 Memo to Cogent Board (PDF) — demand for unproduced Exhibit 2.5 schedules.
Download: May 5, 2025 News Release (PDF) — corporate governance failure analysis.
Download: May 12, 2025 News Release (PDF) — insider stock trades tied to whistleblower demands.
Download: May 13, 2025 News Release (PDF) — detailed evidence of obstruction.
Download: May 23, 2025 FNSI Demand Letter (PDF) — formal request for Cogent to produce Exhibit 2.5 schedules.
Download: May 23, 2025 Reply from John Chang (PDF) — legal response to FNSI Demand Letter.
Download: May 23, 2025 Legal Response to John Chang (PDF) — rebuttal with evidence citations.
Download: May 27, 2025 Demand for Schedules (PDF) — whistleblower insistence on Exhibit 2.5 disclosure.
Download: May 29, 2025 News Release (PDF) — Cogent stock sales and concealment tied together.
Download: May 30, 2025 News Release (PDF) — expanded evidence of retaliation.
Download: June 2, 2025 News Release (PDF) — escalation to multiple federal agencies.
Download: June 4, 2025 News Release (PDF) — exposure of ongoing concealment.
Download: June 9, 2025 News Release (PDF) — Cogent’s insider risk and obstruction.
Download: June 11, 2025 Memorandum to Cogent Board (PDF) — compliance failures detailed.
Download: June 11, 2025 News Release (PDF) — whistleblower evidence intensifies.
Download: June 17, 2025 “Silver Bullet” News Release (PDF) — cornerstone disclosure document.
Download: June 25, 2025 News Release (PDF) — further evidence of criminal concealment.
Download: July 1, 2025 News Release (PDF) — ongoing federal scrutiny highlighted.
Download: July 4, 2025 News Release (PDF) — timeline of concealed acquisition.
Download: July 5, 2025 News Release (PDF) — whistleblower protections emphasized.
Also Visit These Pages
The Conspirators Pages
FNSI - Cogent Communications Document, Notices, Memoranda Timeline (2003–2025)
May 2, 2025 — Formal Legal Notice to Craig & Inga Housley
This formal notice informed Craig Housley and Inga Housley that they had been named in a federally protected whistleblower report under review by the U.S. Attorney’s Office. The letter outlines their re-engagement in late 2023, subsequent contact with Cogent Communications, and alleged participation in post-2023 concealment activities, including potential evidence deletion and undisclosed payments.
The notice places them on record regarding potential exposure under federal statutes governing conspiracy, obstruction, and RICO, and emphasizes that ongoing acts—not the original 2003 transaction—define their current legal risk. It also advises immediate independent legal counsel and warns that cooperation opportunities may be time-sensitive as other participants move toward proffer or cooperation.
Download: May 2, 2025 Legal Notice to Craig and Inga Housley
May 16, 2025 — Formal Request for Exhibit 2.5 Schedules (Cogent On Notice)
This formal notice was delivered to Cogent Communications’ Board of Directors and Chief Legal Officer, John Chang, demanding immediate production of the omitted schedules referenced in Exhibit 2.5 of the 2003 FNSI acquisition agreement. The letter establishes that the SEC-filed version of Exhibit 2.5 explicitly acknowledges missing schedules, confirming the existence of a more complete record and triggering an obligation to produce those materials.
The request identifies specific categories of withheld information, including assumed contracts and liabilities, customer agreements, compensation structures, ownership interests, and documentation tied to FNSI stock rights. It further places Cogent on formal notice that continued failure to produce these records may constitute ongoing concealment and obstruction under federal statutes, including conspiracy, false statements, and RICO provisions.
The notice also includes a comprehensive preservation demand covering all internal and external communications related to Exhibit 2.5, the FNSI acquisition, and identified participants. It explicitly ties the request to active federal review by the IRS Criminal Investigation Division, SEC, FBI, and U.S. Attorney’s Office, and warns that non-response or improper internal distribution may be treated as additional predicate acts in furtherance of the conspiracy.
Download: May 16, 2025 Notice (PDF) for missing schedules