Blocked regulators’ investigations by sending bogus data

Through its “Greyball” system, Uber attempted to identify officials investigating its methods, including noting accounts created from within or near regulators’ offices and rides requested from those areas.  When a user was classified as affiliated with a regulator, Uber intentionally denied that user’s requests, declining to send a driver—preventing the regulator from finding drivers and bringing enforcement actions against drivers or Uber.

The US Department of Justice launched a criminal probe into Uber about this practice.

The New York Times reported that at least 50 people inside Uber knew about these tactics, and that the  program was approved by then-General Counsel Salle Yoo.

Litigation by Uber investor Benchmark Capital reported that, as of August 2017, Uber faced Greyball-related regulatory inquiries in Portland, Oregon; subpoenas from US Attorneys in California and New York; various other city and state inquiries; and an inquiry from the European parliament.

In September 2017, Portland finished its investigation, finding that Uber had used Greyball to block 29 ride requests by 16 government officials whose job it was to regulate Uber.

Portland Bureau of Transportation Audit of Greyball including full audit report

Hired a private investigator to investigate litigation adversaries

Uber hired a private investigator to interview friends and colleagues of Stephen Meyer, plaintiff in class action litigation against Uber, as well as Meyer’s attorneys.  Interviewing acquaintances and professional colleagues, the PI falsely claimed to be “profiling top up-and-coming” leaders and conducting “real estate market research.”  When plaintiff’s counsel learned about these inquiries and asked Uber’s counsel whether Uber had hired a PI, Uber attorneys claimed “Whoever is behind these calls, it is not us.”  But as evidence mounted, Uber eventually admitted to having initiated the investigation.

In criticizing Uber’s decision to “hire unlicensed private investigators to conduct secret personal investigation of both the plaintiff and his counsel” as well as the “blatant misrepresentations” and “false pretenses” of the investigation, federal judge Jed Rakoff found “sufficient basis to suspect that Ergo had committed fraud in investigating plaintiff through the use of false pretenses” and that Uber’s instructions had furthered the fraud.  Uber paid an undisclosed sum to plaintiff and plaintiff’s attorneys to resolve this misconduct.

Rakoff’s decision indicates that Uber’s investigation of Meyer and his attorneys was initiated by Uber then-General Counsel Salle Yoo who sought assistance from Chief Security Officer Joe Sullivan.

Private investigator’s report.  Uber staff communicated with private investigator using Wickr, a self-deleting messaging app, though some messages were recovered during subsequent litigation.

Meyer v. Kalanick – litigation docket