SecureInfo Corporation Sues Xacta and Telos for R.I.C.O. Fraud, Deceit and Conspiracy to Fraudulently Obtain Trade Secrets; Names C.E.O. and C.S.O. Individually.SAN ANTONIO -- On June 16, 2005, SecureInfo filed a 115-page amended complaint amended complaint n. what results when the party suing (plaintiff or petitioner) changes the complaint he/she has filed. It must be in writing, and can be done before the complaint is served on any defendant, by agreement between the parties (usually their lawyers), setting forth new causes of action based upon the Racketeer Influenced Corrupt Organization Racketeer Influenced Corrupt Organization (RICO) statute n. a federal law which makes it a crime for organized criminal conspiracies to operate legitimate businesses. Act (RICO RICO n. . ), Common Law Fraud and Deceit, Conspiracy to Commit Fraud, Tortiuous Interference with Contract and Combination to Injure Reputation, Trade or Business in its lawsuit against Telos and Xacta. John Wood, President, CEO (1) (Chief Executive Officer) The highest individual in command of an organization. Typically the president of the company, the CEO reports to the Chairman of the Board. and Chairman of the Board for Xacta and Telos; Richard Tracy, Executive Vice President and Chief Security Officer for Telos and Xacta; and David Wilson Vice President of Product Management for Xacta were named individually in the amended complaint. The RICO predicate acts set forth in the amended complaint include multiple acts of criminal copyright infringement, mail fraud, wire fraud and possession/transmission of property obtained by fraud. As cited in the amended complaint, the new causes of action are based heavily upon Wood's, Tracy's and Wilson's own email correspondence as well as other emails from agents/employees of Xacta and Telos, in addition to other Telos/Xacta internal documents. As set forth in the amended complaint, SecureInfo alleges Xacta and Telos conspired with Lon Berman of Berman Associates Inc. to fraudulently obtain SecureInfo's Risk Management System (RMS(TM)) software in order to gain SecureInfo's trade secret, confidential and copyrighted information. Based on documents produced by Xacta/Telos, the new complaint alleges that Xacta/Telos provided Berman the funding to purchase a license for RMS under the guise of a fictitious Berman client engagement. Per the allegations of the amended complaint, Xacta/Telos hired Berman to obtain RMS after their attempts to obtain RMS through other means failed. Email correspondence quoted in the amended complaint evidences that Berman's acts were directed by Tracy and Wilson with the direct knowledge of Wood, as alleged by SecureInfo. The new causes of action supplement other claims for Federal and State computer fraud and abuse laws, misappropriation misappropriation n. the intentional, illegal use of the property or funds of another person for one's own use or other unauthorized purpose, particularly by a public official, a trustee of a trust, an executor or administrator of a dead person's estate, or by any of trade secrets, copyright infringement, trespass to chattels Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another person's lawful possession of a chattel. and detinue One of the old common-law Forms of Action used to recover Personal Property from a person who refuses to give it up. Also used to collect money damages for losses caused by the wrongful detention. (wrongful taking of property belonging to another) that are already pending in SecureInfo's lawsuit. The United States District Court for the Eastern District of Virginia The United States District Court for the Eastern District of Virginia is one of two United States district courts serving the Commonwealth of Virginia. History During the 1960s, Judge Albert V. Bryan Jr. has previously entered a temporary restraining order temporary restraining order: see injunction. against Xacta, Telos and Wilson for these previously filed causes of action. The amended complaint requests relief in the form of injunctions against Telos, Xacta and the named individuals. About SecureInfo Corporation: SecureInfo provides solutions that protect critical information assets. The Company is a leading provider of managed security solutions, information security compliance software and Information Assurance consulting services to commercial and government enterprises. An Inc. 500 corporation, SecureInfo is recognized as one of the top 10 providers of Information Security Solutions to the Federal Government. Additional information is available at www.secureinfo.com. |
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