Trade-secret theft charges dismissed
Theft of trade secrets and proprietary information was alleged in March 2000 by Duluth, Ga.-based Telcor, former employer of Greg and Melinda Casady and Donal Knox when they left that firm and started Global Communications in March 2000.
Both companies were in the business of reselling telecommunications equipment.
In May 2000, the Colorado Bureau of Investigation seized computers and records from the Casady’s Wildridge home and from the Global Communications offices. Civil charges were filed by Telcor on June 2, 2000.
Telcor also filed a civil case, scheduled to be heard in April, but Judge Robert Morris dismissed the criminal charges last week after it was revealed by Assistant District Attorney Jean Powers that the Avon Police Department had provided Telcor with all the investigative files relating to the case at no charge – while charging the defendants $3 per copy for a total of more than $3,000.
That violated state open records laws, as well as the state Criminal Justice Records Act, said the defendant’s attorney, according to court documents.
Judge Morris has ordered the Avon Police Department to pay the defendants $3,122 restitution, and that’s not the only sanction imposed. Telcor was charged $5,800 in attorney’s fees and expenses when its representative failed to attend a court-ordered status conference last fall.
“The defendants believe Telcor’s impetus to pursue the criminal matter was driven by a desire to obtain an advantage in the civil matter, as well as initially using the threat of criminal action purely as a business tool to gain competitive advantage over (and to quash) a competitor,” court documents state.
“The District Attorney followed the process and it worked,” said defense attorney Kevin Taylor. “These people (the Casadys and Knox) never signed a non-compete agreement. They were free to go out and to build a better mousetrap.”
“My clients and I are relieved to have been vindicated of any wrong-doing,” Taylor said.
Cliff Thompson can be reached at 949-0555 ext 450 or email@example.com
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