The Anatomy of Public Corruption

Showing posts with label Russia. Show all posts
Showing posts with label Russia. Show all posts

Movie:Red Sparrow - The Darker Side of Russia

Red Sparrow

When Hollywood produces something stranger than fiction
Sex is a weapon, a powerful influential weapon where over the eons man has succumbed to the powers of ...

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USDOL/OALJ Reporter Administrator, Wage & Hour Division, USDOL v. Novinvest, LLC, ARB No. 03-060, ALJ No. 2002-LCA-24 (ARB July 30, 2004)

USDOL/OALJ Reporter

Administrator, Wage & Hour Division, USDOL v. Novinvest, LLC, ARB No. 03-060, ALJ No. 2002-LCA-24 (ARB July 30, 2004)



U.S. Department of Labor Administrative Review Board
200 Constitution Avenue, N.W.
Washington, D.C. 20210
DOL Seal

ARB CASE NO. 03-060
ALJ CASE NO. 02-LCA-24
DATE: July 30, 2004

In the Matter of:

ADMINISTRATOR, WAGE AND HOUR DIVISION, UNITED STATES DEPARTMENT OF LABOR,
    PLAINTIFF,

    v.

NOVINVEST, LLC,

BEFORE: THE ADMINISTRATIVE REVIEW BOARD

Appearances:

For Prosecuting Party Administrator, Wage and Hour Division:
   
Lois R. Zuckerman, Esq., Paul L. Frieden, Esq., Steven J. Mandel, Esq., U.S. Department of Labor, Washington, D.C.

For Respondent, Novinvest, LLC:
    Ed Hyken, Atlanta, Georgia

FINAL DECISION AND ORDER

    This case arises under the Immigration and Nationality Act, as amended (INA), 8 U.S.C.A. §§ 1101-1537 (West 1999 & Supp. 2004), and regulations at 20 C.F.R. Part 655 (2003). Novinvest LLC (Novinvest) petitions for review of a Decision and Order (D. & O.) issued by the Administrative Law Judge (ALJ) on January 21, 2003. Novinvest is a corporation that engages in computer consulting and employs nonimmigrant alien computer programmer analysts. The ALJ found that Novinvest was liable for back wages to nonimmigrant workers, including an "investment fee" imposed against three of these workers. We modify the decision of the ALJ as explained below.

Jurisdiction and Standard of Review

    The Administrative Review Board (ARB) has jurisdiction to review the ALJ's decision under 8 U.S.C.A. § 1182(n)(2), and 20 C.F.R. § 655.845. See Secretary's Order No. 1-2002, 67 Fed. Reg. 64,272 (Oct. 17, 2002) (delegating to the ARB the Secretary's authority to review cases arising under, inter alia, the INA).


[Page 2]

    Under the Administrative Procedure Act, the Board, as the designee of the Secretary of Labor, acts with "all the powers [the Secretary] would have in making the initial decision . . . ." 5 U.S.C.A. § 557(b) (West 1996), quoted in Goldstein v. Ebasco Constructors, Inc., 1986-ERA-36, slip op. at 19 (Sec'y Apr. 7, 1992). The Board engages in de novo review of the ALJ's decision. Yano Enterprises, Inc. v. Administrator, ARB No. 01-050, ALJ No. 2001-LCA-0001, slip op. at 3 (ARB Sept. 26, 2001); Administrator v. Jackson, ARB No. 00-068, ALJ No. 1999-LCA-0004, slip op. at 3 (ARB Apr. 30, 2001). See generally Mattes v. U.S. Dep't of Agriculture, 721 F.2d 1125, 1128-1130 (7th Cir. 1983) (rejecting argument that higher level administrative official was bound by ALJ's decision); McCann v. Califano, 621 F.2d 829, 831 (6th Cir. 1980), and cases cited therein (sustaining rejection of ALJ's decision by higher level administrative review body).

Regulatory Framework

    The INA permits employers to employ nonimmigrant alien workers in specialty occupations in the United States. 8 U.S.C.A. § 1101(a)(15)(H)(i)(b) (H-1B nonimmigrants). Specialty occupations are occupations that require "theoretical and practical application of a body of highly specialized knowledge, and . . . attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States." 8 U.S.C.A. § 1184(i)(1). In order to be eligible for employment in the United States, these workers must receive H-1B visas from the State Department upon approval by the Immigration and Naturalization Service. 20 C.F.R. § 655.705(b). The employer concomitantly must obtain certification from the United States Department of Labor after filing a Labor Condition Application (LCA). 8 U.S.C.A. § 1182(n). The LCA must stipulate the wage levels and working conditions for the H-1B employees. 8 U.S.C.A. § 1182(n)(1); 20 C.F.R. §§ 655.731, 655.732. Deductions from wages expressly not authorized under the regulations include "a penalty paid by the H-1B nonimmigrant for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer." 20 C.F.R. § 655.731(c)(10)(i). See generally D. & O. at 12-15, 20-21.

Issue

    Did the ALJ correctly determine that Novinvest is liable for the $5,000 deduction from the salaries of its H-1B nonimmigrant employees and must compensate each worker for judgment amounts assessed?

Background

   The ALJ has set forth the facts of the case in detail (D. & O. at 2-12), and we will not revisit them in their entirety. We limit our focus to the issue upon which Novinvest petitions for review. See Novinvest LLC Petition to Review the Decision and Order dated February 18, 2003; 20 C.F.R. § 655.845(b)(3) and (4) (petition for ARB review must specify issues giving rise to petition and state specific reasons why petitioning party believes ALJ decision is in error).


[Page 3]

   Novinvest provides computer specialists "on a project basis to client companies." Prosecuting Party's Exhibit (PX) 5 at 1. Novinvest employed H-1B nonimmigrant "specialists" after it filed an LCA with the Department of Labor and after the Department of State, upon approval of the Immigration and Naturalization Service, issued the employees H-1B visas. The employees at issue for our purposes are Philip Peshin, Alex Koloskov, and Igor Viazovoi.1

   Pursuant to an employment agreement, Novinvest required each of its employees to assume liability for a $5,000 investment fee. Captioned "Relocation Assistance," this provision of the agreement stated:

The Company invests considerable time, effort and financial resources in organizing, assisting and transitioning the Employee to life in the US. The value of the Company's up-front investment (in order to hire, process and train Employee) is estimated as USD 5,000 (five thousand) per Employee. This investment is considered an interest-free loan from the Company to the Employee starting on the day employee arrives in the US. Every month, 1/12 (one twelfth) of the amount is forgiven by the Company, so that at the end of the Employee's first year with the Company the entire amount is forgiven. If the Employee leaves the Company's employment, for any reason, before the end of one year, or is terminated, the remaining balance becomes due, and the Employee must reimburse the Company.

PX 5 at 5. The employees never actually received $5,000, and Novinvest was unable to document expenditures of $5,000 for each employee. D. & O. at 5-6 (Stipulation No. 20, Finding of Fact No. 4). All three employees resigned from Novinvest prior to their one-year anniversary date.

   After a hearing, the ALJ found that the $5,000 investment fee constituted an impermissible early termination penalty and that Novinvest violated its wage obligations under the INA and implementing regulations by charging the H-1B workers the $5,000 penalty.2 D. & O. at 19-22; 20 C.F.R. § 655.731(c)(10)(i); 20 C.F.R. §655.731(c)(11). The ALJ found Novinvest liable for the following amounts in compensation for the penalty: Peshin was due $5,000, Koloskov was due $2,347.52, and Viazovoi was due $1666.67. D. & O. at 22.

   Novinvest had secured state court judgments against the respective employees, which included the $5,000 investment fee. D. & O. at 7-9 (Findings of Fact Nos. 7, 16, 21). The judgments against Peshin, Koloskov, and Viazovoi totaled $8,789.45, $2,347.52, and $1,666.66, respectively. Peshin paid none of his judgment, Koloskov paid $1,200 of his judgment, and Viazovoi paid $55 of his judgment. Id.

Discussion

    In its petition for review, Novinvest argues that the ALJ erred in calculating the amounts owed to the three employees. First, according to Novinvest, the ALJ arbitrarily attributed the amounts awarded in the judgments against Koloskov and Viazovoi exclusively to the impermissible penalty when Novinvest presumably had asserted other claims. As evidence, Novinvest cites the $8,683.38 claim against Koloskov for which it received an award of only $2,347.52 and the $8,487.00 claim against Viazovoi for which it received an award of only $1,666.66. Second, according to Novinvest, "the amounts assessed to Novinvest should not exceed the amounts actually paid by the three individuals toward the satisfaction of Novinvest's judgments." Petition at 1. In other words, Peshin should receive nothing, Koloskov should receive $1,200, and Viazovoi should receive $55.


[Page 4]

   The INA and its implementing regulations expressly prohibit early termination penalties. Specifically, it is a violation of the INA

for an employer who has filed an application under this subsection to require an H-1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant State law.

8 U.S.C.A. § 1182(n)(2)(C)(vi)(I). See 20 C.F.R. § 655.731(c)(10)(i) ("[a] deduction from or reduction in the payment of the required wage is not authorized (and therefore is prohibited)" for purposes of "[a] penalty paid by the H-1B nonimmigrant for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer"). The ALJ found that Novinvest violated the INA when it assessed the "investment fee" penalties (D. & O. at 19-22), and Novinvest has not appealed this aspect of the ALJ's decision. We find, therefore, that Novinvest is not entitled to recover from the nonimmigrants any of the $5,000 investment fees. We disagree with the ALJ, however, with respect to the back wage calculations. The ALJ determined that Novinvest owed each of the workers the full amount of the judgments assessed. We find instead that Novinvest is required to refund to Peshin, Koloskov, and Viazovoi monies actually paid by them as compensation for the investment fee penalty. Any fees or costs associated with collection of monies pursuant to that provision also must be refunded. We note that the Secretary is authorized to impose administrative remedies, including civil money penalties, for willful failure to meet a condition of an attestation or a willful misrepresentation of material fact in an attestation. See 8 U.S.C.A. § 1182(n)(2)(C); 20 C.F.R. § 655.810. Therefore, Noinvest may be subject to additional action by the Secretary if it engages in further efforts to obtain penalty provision funds.

Conclusion

    Noinvest is not entitled to recover any amounts under the "Relocation Assistance" provision of its contracts with the H-1B nonimmigrant employees. The decision of the ALJ hereby is MODIFIED to order repayment of amounts paid by the nonimmigrants to Novinvest pursuant to the "Relocation Assistance" provision of the employment agreement, including any fees or costs in connection therewith.

   SO ORDERED.

      JUDITH S. BOGGS
      Administrative Appeals Judge

      OLIVER M. TRANSUE
      Administrative Appeals Judge

[ENDNOTES]

1 These H-1B nonimmigrants, in addition to another nonimmigrant, Igor Politykin, arrived in the United States between March 2000 and April 2001. They arrived prepared to work, but Novinvest "benched" them and refused to pay them in violation of the INA. See 8 U.S.C.A. § 1182(n)(1)(A); 8 U.S.C.A. § 1182(n)(2)(C)(vii); 20 C.F.R. § 655.731(c)(7)(i) (if the H-1B nonimmigrant is not performing work and is nonproductive due to a decision by the employer (e.g., due to lack of work) the employer is required to pay him at the wage listed in the LCA). After an investigation, the Administrator determined that Novinvest owed these employees back wages for benching periods during the course of employment. The ALJ upheld the Administrator's determination as well as the back wage calculations. D. & O. at 15-17. Novinvest did not appeal these findings.

2 The Administrator's determination letter did not allege specifically that the "investment fee" requirement violated the INA, stating merely that Novinvest had "failed to pay wages as required." PX 29 at 1. The Administrator subsequently moved to conform the determination letter to the evidence to include allegations pertaining to the investment fee. Hearing Transcript at 129-131. The ALJ granted the motion, finding the early termination penalty issue properly before him. D. & O. at 18-19. Novinvest did not appeal this finding.

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Greedy CEOs also working with Russians

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Pompeo warns governors of Chinese infiltration into US: 'It's happening in your state' Pompeo discusses China at the National Governors Association

Pompeo warns governors of Chinese infiltration into US: 'It's happening in your state'

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China's Communist Party has infiltrated various levels of America's infrastructure and is working to destroy the values of the United States, Secretary of State Mike Pompeo said during a speech Saturday, while also warning state governors to be wary of China's infiltration.


“We can’t ignore China’s actions and strategic intentions," he said while addressing the National Governors Association winter meeting. "The Chinese government has been methodical in the way it's analyzed our system... it's assessed our vulnerabilities and it's decided to exploit our freedoms, to gain an advantage over us at the federal level, the state level and the local level."


“Competition with China is happening. It’s happening in your state," Pompeo added. "In fact, I'd be surprised if most of you in the audience had not been lobbied by the Chinese Communist Party directly."


He said groups loyal to communist China are operating out in the open in Virginia, Minnesota, Florida and dozens of other states all around the country. Other Chinese groups, however, practice their nefarious actions in the shadows in an attempt to exercise influence over U.S. citizens and lawmakers.


Pompeo cited a letter from a diplomat at the Chinese Consul in New York to the speaker of an unnamed state legislature, advising that U.S. officials refrain from independent interaction with Taiwan.


“You add a diplomat from China, assigned here to the United States, a representative of the Chinese Communist Party, in New York City, sending a letter urging that an American elected official shouldn’t exercise his right to freedom of speech," he explained.


NIKKI HALEY WARNS OF CHINA THREAT, CALLS BEIJING 'OUR FOREMOST NATIONAL SECURITY CONCERN'





The secretary said this isn't an uncommon event and that Chinese officials based in the U.S. are actively seeking to sow seeds of chaos at the state and local level -- specifically in the realm of education on college campuses and K-12 classrooms.


“Maybe some of you have heard about the time when the Chinese consulate paid the UC San Diego students to protest the Dalai Lama," he continued. “It shows depth. It shows systemization. It shows intent.”


He added: “Chinese Communist party officials, too, are cultivating relationships with county school boards and local politicians -- Often through what are known as 'Sister City Programs' ... This competition is well underway."


Pompeo also spoke about China's campaign to recruit U.S. scientists and academics to share vital secrets, in exchange for monetary gain through their "Thousand Talents Plan," a campaign that has already targeted scientists and professors on campuses such as Virginia Tech and Harvard and triggered investigations by the Department of Justice (DOJ).


He also explained how Beijing pressures Chinese students in the U.S. to keep an eye on their fellow countrymen and report back to the government about their activities.


"China’s propaganda starts even earlier than college. China has targeted K-12 schools around the world," he said. "Do you know that we have no ability to establish similar programs in China? We should have reciprocity in all things. Today they have free reign in our system and we're completely shut out from theirs... Beijing knows that today’s kids are tomorrow’s leaders."


CLICK HERE TO GET THE FOX NEWS APP


Pompeo then warned state governors about doing business with China and said it is common to indirectly finance communism without realizing it. He then extended the hand of the federal government and said the Trump administration is standing by, ready to help states with this growing problem.


“I want to urge vigilance on the local level too," he said. "It’s worth trusting but verifying. There are federal officials prepared to help you work your way through these challenges when they arise. Don’t make separate individual deals that undermine our national policy. I know none of you would do so intentionally. Let us help you."


“I hope you will all take on board what I've said today," Pompeo added. "Don’t lose sight of the competition from China that's already present in your state. Let's all rise to the occasion and protect our security, our economy, indeed all that we hold dear."


Nick Givas is a reporter with Fox News. You can find him on Twitter at @NGivasDC.
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Dubious friends of Donald Trump: the Russians


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Molly's Game and the Russian Mafia near the World Poker Tour Murders of Ernie Scherer Jr. and his wife

Molly's Game 

Connecting Russians to the murders near the 2007 World Poker Tour games 

 

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Pavlo Lazarenko Former First Vice Prime Minister of Ukraine

Pavlo Lazarenko

Financing The Pinkish Palace in the hills of Lafayette CA 
Pavlo Lazarenko
Former First Vice Prime Minister of Ukraine

Description

Pavlo Ivanovych Lazarenko is a former Ukrainian politician and former Prime Minister who in August 2006 was convicted and sentenced to prison in the United States for money laundering, wire fraud and extortion. Wikipedia
BornJanuary 23, 1953 (age 66 years), Karpivka, Ukraine
Previous officeFirst Vice Prime Minister of Ukraine (1995–1996)
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Snapshot Indonesia Portugal Canada China Ukraine Hong Kong Czechia

Snapshot 

United States
15.5K

Indonesia
503

Portugal
12

Canada
7

China
7

Ukraine
7

Hong Kong
3

Unknown Region
2

Czechia
2

Other
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How The Russian Mafia used H-1b visas to penetrate Corporate America connect to Mormon Murders

Vadim Trincher ~ World Poker Tournaments 

The Big Winner likely had help -


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PrePaid Legal and Operation Varsity BLues Another TPG Wire Fraud Case

 PrePaid Legal Leave Home Without It after learning how your counsel will fail to appear throwing your case under the bus.  

Pete Bennett was stranded without counsel by being frustrated with the Contra Costa Bar Association deliberate obfuscation of real referrals.   Little did he know in 1998 that the real reason Bennett vs. Southern Pacific was lost was connected to Witness Murder.  His own counsel turned on him in court during a 1990 hearing where his own attorney sided with Judge Peter J. Spinetta.  

The folks at TPG have an interesting challenge with my 9/11 story where Contra Costa Bar Association refused to provide legal referrals so I turned to PrePaid Legal.

IN the end Bennett v. Seeno was lost, Bennett v.  SBCGlobal, and the counterclaim in Charter Collections v. Authentic Technologies, Inc folded with zero/zero.

When you turn to Contra Costa County for arson of offices of your attorney, share that fire with Pre-PaidLegal they will throw under the bus. 

Several years later in summer Bennett who lost at least $250,000 endured his 1987 F-250 where his truck explodes into a fireball



My story is about witness murders, private equity, mergers and acquisitions linked back to the Matter of Bennett v. Southern Pacific lost in 1989.  It was a winnable case as long the witnesses testified.  

Case CIVWS00-1035 - CHARTER V AUTHENTIC TECHNOLOGIES


Case CIVWS00-1035 - Complaints/Parties

Complaint Number:1
Complaint Type:COMPLAINT
Filing Date:05/04/2000
Complaint Status:COMPLAINT DISMISSED 03/29/2002
Party NumberParty TypeParty NameAttorneyParty Status
Plaintiff CHARTER ADJUSTMENTS CORPORATION WILNER, APC, ALAN D. PARTY DISMISSED 03/29/2002 
Defendant AUTHENTIC TECHNOLOGIES, INC., Pro Per PARTY DISMISSED 03/29/2002 
Complaint Number:2
Complaint Type:CROSS-COMPLAINT
Filing Date:06/29/2000
Complaint Status:COMPLAINT DISMISSED 04/10/2002
Party NumberParty TypeParty NameAttorneyParty Status
Cross-Complainant AUTHENTIC TECHNOLOGIES, INC., Pro Per PARTY DISMISSED 04/10/2002 
Cross-Defendant CHARTER ADJUSTMENTS CORPORATION Unrepresented PARTY DISMISSED 02/05/2001 
Cross-Defendant NOVINVEST LLC A GEORGIA LIMITED LIABILITY BROWN, CHRISTOPHER A. PARTY DISMISSED 04/10/2002 
Cross-Defendant DEAN CHISIU AN INDIVIUAL  BROWN, CHRISTOPHER A. PARTY DISMISSED 04/10/2002 
Cross-Defendant ED HYKEN AN INDIVIDUAL  BROWN, CHRISTOPHER A. PARTY DISMISSED 04/10/2002 
Complaint Number:3
Complaint Type:CROSS-COMPLAINT
Filing Date:12/24/2001
Complaint Status:COMPLAINT DISMISSED 04/10/2002
Party NumberParty TypeParty NameAttorneyParty Status
Cross-Complainant NOVINVEST LLC A GEORGIA LIMITED LIABILITY BROWN, CHRISTOPHER A. DISMISSAL WITH PREJUDICE 04/10/2002 
Cross-Complainant DEAN CHISIU AN INDIVIUAL  BROWN, CHRISTOPHER A. DISMISSAL WITH PREJUDICE 04/10/2002 
Cross-Complainant ED HYKEN AN INDIVIDUAL  BROWN, CHRISTOPHER A. DISMISSAL WITH PREJUDICE 04/10/2002 
Cross-Defendant AUTHENTIC TECHNOLOGIES, INC., Pro Per PARTY REMOVED 01/25/2002 
Cross-Defendant CHARTER ADJUSTMENTS CORPORATION WILNER, ALAN D PARTY DISMISSED 02/28/2002 


Case CIVWS00-1035 - Actions/Minutes

Viewed
Date
Action Text
Disposition
04/26/2002 8:30 AM DEPT. 1CMC CASE MANAGEMENT CONFERENCE Vacated 
04/10/2002 REQUEST FILED & DISMISSAL ENTERED WITH PREJUDICE AS TO THE ENTIRE ACTION Not Applicable 
03/29/2002 REQUEST FILED AND DISMISSAL ENTERED WITH PREJUDICE AS TO COMPLAINT FILED 05/04/2000 OF CHARTER ADJUSTMENTSCORPORATION ONLY  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
03/29/2002 RE: CASE MANAGEMENT CONFERENCE  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
03/29/2002 CASE MANAGEMENT CONFERENCE WAS SET FOR 4/26/02 AT 8:30 IN DEPT. 1CMC  
03/28/2002 CLERKS CERT. OF MAILING OF ORDER SETTING ASIDE  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
03/28/2002 CLERK`S CERTIFICATE OF MAILING OF ORDER SETTING ASIDE DEFAULT JUDGMENT SENT TO THE FOLLOWING PARTIES:  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
03/27/2002 12:00 PM DEPT. 1CLK DISMISSAL/JUDGMENT DUE Vacated 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
03/26/2002 DEFAULT SET ASIDE ON AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
03/26/2002 DECLARATION OF TERRY L. THOMPSON IN SUPPORT OF  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
03/26/2002 APPLICATION FOR ORDER TO SET ASIDE THE DEFAULT  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
03/26/2002 ORDER SETTING ASIDE DEFAULT JUDGMENT AGAINST FILED  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
03/18/2002 FEE RECEIVED FOR MOTION FOR PROPOSED ORDER TO SET ASIDE DEFAULT FROM  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
02/28/2002 REQUEST FILED & DISMISSAL ENTERED WITH PREJUDICE ON CROSS-COMPLAINT FILED 12/24/2001 OF NOVINVEST LLC A GEORGIA LIMITEDLIABILITY AS TO DEFENDANT CHARTER ADJUSTMENTSCORPORATION ONLY  Not Applicable 
02/22/2002 8:30 AM DEPT. 29 CASE MANAGEMENT CONFERENCE Completed 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
02/21/2002 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
02/20/2002 1CMC CALENDARED ON 02/22/02 IN DEPT. 1CMC. HAS BEEN UPDATED TO 02/22/02 IN DEPT. 29.  Not Applicable 
02/20/2002 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY NOVINVEST LLC A GEORGIA LIMITEDLIABILITY, DEAN CHISIU AN INDIVIUAL, ED HYKEN AN INDIVIDUAL  Not Applicable 
01/25/2002 UPDATE CROSS-COMPLAINT FILED 12/24/2001 OF NOVINVEST LLC A GEORGIA LIMITEDLIABILITY  Not Applicable 
01/25/2002 ON THE CROSS-COMPLAINT FILED 12/24/2001 OF NOVINVEST LLC A GEORGIA LIMITEDLIABILITY, AUTHENTIC TECHNOLOGIES, INC., IS REMOVED AS A DEFENDANT.  Not Applicable 
01/25/2002 CHARTER ADJUSTMENTSCORPORATION ADDED AS A PARTY  Not Applicable 
01/09/2002 ANSWER TO CROSS-COMPLAINT FILED 12/24/2001 OF NOVINVEST LLC A GEORGIA LIMITEDLIABILITY FILED BY CHARTER ADJUSTMENTSCORPORATION REPRESENTED BY ALAN D WILNER  Not Applicable 
01/04/2002 8:30 AM DEPT. 24 CASE MANAGEMENT CONFERENCE Vacated 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
12/27/2001 CASE MANAGEMENT CONFERENCE WAS SET FOR 2/22/02 AT 8:30 IN DEPT. 1CMC  
12/26/2001 1CMC CALENDARED ON 01/04/02 IN DEPT. 1CMC. HAS BEEN UPDATED TO 01/04/02 IN DEPT. 24.  Not Applicable 
12/24/2001 CROSS COMPLAINT FILED BY NOVINVEST LLC A GEORGIA LIMITEDLIABILITY, DEAN CHISIU AN INDIVIUAL, ED HYKEN AN INDIVIDUAL  Not Applicable 
12/24/2001 ANSWER TO CROSS-COMPLAINT FILED 06/29/2000 OF AUTHENTIC TECHNOLOGIES, INC., FILED BY NOVINVEST LLC A GEORGIA LIMITEDLIABILITY, DEAN CHISIU AN INDIVIUAL, ED HYKEN AN INDIVIDUAL REPRESENTED BY CHRISTOPHER A. BROWN  Not Applicable 
12/24/2001 DEFAULT SET ASIDE ON NOVINVEST LLC A GEORGIA LIMITEDLIABILITY, DEAN CHISIU AN INDIVIUAL, ED HYKEN AN INDIVIDUAL  Not Applicable 
12/24/2001 FEE RECEIVED FOR CROSS-COMPLAINT FROM  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
12/24/2001 8:30 AM DEPT. 24 MOTION TO/FOR SET ASIDE DEFAULT & DEFAULT JGMT & LEAVE TO FILE (FILED BY NOVINVEST LLC A GEORGIA LIMITEDLIABILITY )  Completed 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
12/18/2001 PROOF OF SERIVE BY FACSIMILE RE: DECLARATION OF  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
12/18/2001 FURTHER DECLARATION OF DEAN CHISIU IN SUPPORT OF  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
12/18/2001 FURTHER DECLARATION OF ED HYKEN IN SUPPORT OF  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
12/18/2001 MEMORANDUM OF POINTS AND AUTHORITIES REPLYING  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
12/14/2001 MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION  Not Applicable 
    Minutes
    You are Not Authorized to View Minutes prior to 12/31/2099 
12/14/2001 1CMOT1 CALENDARED ON 12/24/01 IN DEPT. 1LM. HAS BEEN UPDATED TO 12/24/01 IN DEPT. 24.  Not Applicable 
12/11/2001 DECLARATION OF CHRISTOPHER A BROWN FILED RE: PROOF/SERVICE SET ASIDE DEFAULT/LEAVE TO XCOMPLAIN  Not Applicable 
12/10/2001 SCHEDULED FOR MOTION ON 12/24/01 AT 8:30 IN DEPT. 1LM  
12/10/2001 DECLARATION OF DEAN CHISIU FILED RE: IN SUPPORT OF APP TO SET ASIDE DEF & DEFAULT JGMT  Not Applicable 
12/10/2001 DECLARATION OF ED HYKEN FILED RE: IN SUPPORT OF APP TO SET ASIDE DEF & DEF JGMT  Not Applicable 
12/10/2001 NOTICE OF/TO APPLICATION TO SET ASIDE DEFAULT & DEFAULT JGMNT FILED BY NOVINVEST LLC A GEORGIA LIMITEDLIABILITY  Not Applicable 
12/10/2001 MEMORANDUM OF POINTS AND AUTHORITIES FILED Not Applicable 
12/10/2001 DECLARATION OF CHRISTOPHER A. BROWN FILED RE: IN SUP OF APP TO SET ASIDE DEFAULT & DEFAULT JGMT  Not Applicable 
12/10/2001 EX-PARTE APPLICATION TO/FOR AN ORDER SHORTENING TIME; MEMORANDUM OF POINTS & FILED BY NOVINVEST LLC A GEORGIA LIMITEDLIABILITY  
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12/10/2001 FEE RECEIVED FOR MOTION FROM  Not Applicable 
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12/06/2001 FEE RECEIVED FOR FIRST PAPER FILING FEE FROM  Not Applicable 
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12/06/2001 FEE RECEIVED FOR EXPARTE APPLICATION FROM  Not Applicable 
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12/06/2001 DECL OF PETER BENNETT IN SUPPT OF REQ FOR COURT  Not Applicable 
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12/06/2001 CASE SUMMARY IN SUPPT OF REQ FOR CT JUDG. FILED.  Not Applicable 
12/06/2001 REQUEST FOR COURT JUDGMENT FILED.  Not Applicable 
11/21/2001 SEPARATE STATEMENT OF AMOUNT OF DAMAGES IN SUPPORT  Not Applicable 
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11/21/2001 DECLARATION OF TERRY L. THOMPSON FILED RE: ATTORNEY FEES PURSUANT TO CIVIL CODE SEC 1717.5.  Not Applicable 
11/21/2001 REQUEST TO ENTER DEFAULT ON CROSS-COMPLAINT FILED 06/29/2000 OF AUTHENTIC TECHNOLOGIES, INC., FILED AS TO DEFENDANT NOVINVEST LLC A GEORGIA LIMITEDLIABILITY, DEAN CHISIU AN INDIVIUAL, ED HYKEN AN INDIVIDUAL  Not Applicable 
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11/14/2001 FEE RECEIVED FOR COPIES FROM  Not Applicable 
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11/09/2001 8:30 AM DEPT. 24 CASE MANAGEMENT CONFERENCE Completed 
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11/06/2001 REQUEST FOR COURT/CLERK`S JUDGMENT FILED Not Applicable 
11/06/2001 JUDGMENT ENTERED BEFORE TRIAL ON 11/06/01  Not Applicable 
10/31/2001 1CMC CALENDARED ON 11/09/01 IN DEPT. 1CMC. HAS BEEN UPDATED TO 11/09/01 IN DEPT. 24.  Not Applicable 
10/09/2001 NEW CMC DATE OF 11/9/01 NOTICE MAILED BOTH SIDES  Not Applicable 
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10/09/2001 CASE MANAGEMENT CONFERENCE WAS SET FOR 11/09/01 AT 8:30 IN DEPT. 1CMC  
10/09/2001 *DELETED*,CASE MANAGEMENT CONFERENCE WAS SET FOR 3/22/02 AT 8:30 IN DEPT. 1CMC  
09/11/2001 DEC & ORDER RE: ATTY FEES PER CCP 1717.5  Not Applicable 
08/03/2001 RETURN TO COURT CONTROL Not Applicable 
08/03/2001 REQUEST TO ENTER DEFAULT ON COMPLAINT FILED 05/04/2000 OF CHARTER ADJUSTMENTSCORPORATION FILED AS TO DEFENDANT AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
08/03/2001 DEFAULT ENTERED ON THE COMPLAINT FILED 05/04/2000 OF CHARTER ADJUSTMENTSCORPORATION AGAINST DEFENDANT AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
08/03/2001 PROOF OF SERVICE FILED ON COMPLAINT FILED 05/04/2000 OF CHARTER ADJUSTMENTSCORPORATION AS TO DEF ENDANT AUTHENTIC TECHNOLOGIES, INC., WITH SERVICE DATE OF 05/17/00  Not Applicable 
08/03/2001 SUMMONS FILED ON COMPLAINT FILED 05/04/2000 OF CHARTER ADJUSTMENTSCORPORATION  Not Applicable 
08/02/2001 REQUEST FILED AND DISMISSAL ENTERED AS TO ALL REMAINING DOES ON THE COMPLAINT OF COMPLAINT FILED 05/04/2000 OF CHARTER ADJUSTMENTSCORPORATION  Not Applicable 
08/02/2001 DEC RE: ATTNYS FEES PURSUANT TO CIV CODE SECTION  Not Applicable 
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08/02/2001 DEC RE: UNDERLYING ACTION FOR OPEN BOOK ACCOUNT IN  Not Applicable 
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05/09/2001 REMOVE FROM COURT CONTROL Not Applicable 
05/03/2001 8:30 AM DEPT. TBA JURY TRIAL (2 DAY OR LESS) Vacated 
05/03/2001 8:30 AM DEPT. 24 COURT TRIAL Completed 
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04/30/2001 1SCTAM CALENDARED ON 05/03/01 IN DEPT. 1TBA. HAS BEEN UPDATED TO 05/03/01 IN DEPT. 24.  Not Applicable 
04/27/2001 1:30 PM DEPT. 24 ISSUE CONFERENCE HEARING Completed 
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04/25/2001 1ICHF CALENDARED ON 04/27/01 IN DEPT. 1IC. HAS BEEN UPDATED TO 04/27/01 IN DEPT. 24.  Not Applicable 
04/20/2001 9:00 AM DEPT. SSP CALENDARED FOR SMARTER PROGRAM Completed 
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04/18/2001 PLTFS SMARTER BRIEF FILED.  Not Applicable 
03/19/2001 DONALD G MOATS CHANGES ATTORNEY FOR AUTHENTIC TECHNOLOGIES, INC., AND IS REPLACED BY PRO/PER  Not Applicable 
03/19/2001 8:30 AM DEPT. 117 MOTION TO/FOR WITHDRAWAL & DISCHARGE OF ATTORNEY (FILED BY AUTHENTIC TECHNOLOGIES, INC., )  Granted 
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03/13/2001 1CMOT1 CALENDARED ON 03/19/01 IN DEPT. 1LM. HAS BEEN UPDATED TO 03/19/01 IN DEPT. 117.  Not Applicable 
02/26/2001 1ICHF CALENDARED ON 04/27/01 IN DEPT. 29. HAS BEEN UPDATED TO 04/27/01 IN DEPT. 1IC.  Not Applicable 
02/26/2001 1CMOT1 CALENDARED ON 03/19/01 IN DEPT. 24. HAS BEEN UPDATED TO 03/19/01 IN DEPT. 1LM.  Not Applicable 
02/26/2001 1SJTS CALENDARED ON 05/03/01 IN DEPT. 25. HAS BEEN UPDATED TO 05/03/01 IN DEPT. TBA.  Not Applicable 
02/20/2001 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY CHARTER ADJUSTMENTSCORPORATION  Not Applicable 
02/16/2001 8:30 AM DEPT. 29 CASE MANAGEMENT CONFERENCE Completed 
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02/15/2001 SCHEDULED FOR MOTION ON 3/19/01 AT 8:30 IN DEPT. 24  
02/15/2001 MOTION TO/FOR WITHDRAWAL & DISCHARGE OF ATTORNEY FILED BY AUTHENTIC TECHNOLOGIES, INC.,  
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02/15/2001 DECLARATION OF DONALD G. MOATS FILED RE: IN SUPT OF MTN FOR WITHDRAWAL & DISCHARGE OF ATTY  Not Applicable 
02/15/2001 MEMORANDUM OF POINTS AND AUTHORITIES FILED Not Applicable 
02/07/2001 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
02/06/2001 NOTICE OF/TO AND ACKNOWLEDGMENT OF RECEIPT/SUMMONS, X-COMPL FILED BY CHARTER ADJUSTMENTSCORPORATION  Not Applicable 
02/06/2001 PROOF OF SERVICE BY MAIL FILED ON CROSS-COMPLAINT FILED 06/29/2000 OF AUTHENTIC TECHNOLOGIES, INC., AS TO DEFENDANT NOVINVEST LLC A GEORGIA LIMITEDLIABILITY WITH MAILING DATE OF 09/21/00  Not Applicable 
02/05/2001 PROOF OF SERVICE FILED ON CROSS-COMPLAINT FILED 06/29/2000 OF AUTHENTIC TECHNOLOGIES, INC., AS TO DEF ENDANT DEAN CHISIU AN INDIVIUAL WITH SERVICE DATE OF 06/29/00  Not Applicable 
02/05/2001 REQUEST FILED & DISMISSAL ENTERED WITHOUT PREJUDICE ON CROSS-COMPLAINT FILED 06/29/2000 OF AUTHENTIC TECHNOLOGIES, INC., AS TO DEFENDANT CHARTER ADJUSTMENTSCORPORATION ONLY  Not Applicable 
02/02/2001 8:30 AM DEPT. 29 CASE MANAGEMENT CONFERENCE Continued 
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02/01/2001 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY CHARTER ADJUSTMENTSCORPORATION  Not Applicable 
01/26/2001 CASE MGMT CONF STMT ON X-CMPLT BY D.MOATS  Not Applicable 
12/26/2000 1CMC CALENDARED ON 02/02/01 IN DEPT. 24. HAS BEEN UPDATED TO 02/02/01 IN DEPT. 29.  Not Applicable 
12/11/2000 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY CHARTER ADJUSTMENTSCORPORATION  Not Applicable 
12/08/2000 SUMMONS FILED ON CROSS-COMPLAINT FILED 06/29/2000 OF AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
12/08/2000 NOTICE AND ACKNOWLEDGMENT OF RECEIPT FILED ON CROSS-COMPLAINT FILED 06/29/2000 OF AUTHENTIC TECHNOLOGIES, INC., AS TO DEFT ED HYKEN AN INDIVIDUAL WITH SIGNATURE DATE OF 09/25/00  Not Applicable 
12/08/2000 8:30 AM DEPT. 25 CASE MANAGEMENT CONFERENCE Continued 
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12/07/2000 1CMC CALENDARED ON 12/08/00 IN DEPT. 24. HAS BEEN UPDATED TO 12/08/00 IN DEPT. 25.  Not Applicable 
12/01/2000 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
10/27/2000 NOTICE OF/TO CASE MANAGEMENT CONFERENCE FILED BY CHARTER ADJUSTMENTSCORPORATION  Not Applicable 
09/22/2000 8:30 AM DEPT. 24 CASE MANAGEMENT CONFERENCE Continued 
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09/21/2000 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY CHARTER ADJUSTMENTSCORPORATION  Not Applicable 
09/15/2000 CASE MANAGEMENT CONFERENCE QUESTIONNAIRE FILED BY AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
09/11/2000 1CMC CALENDARED ON 09/22/00 IN DEPT. 29. HAS BEEN UPDATED TO 09/22/00 IN DEPT. 24.  Not Applicable 
09/01/2000 1CMC CALENDARED ON 09/22/00 IN DEPT. 53. HAS BEEN UPDATED TO 09/22/00 IN DEPT. 29.  Not Applicable 
07/05/2000 12:00 PM DEPT. 1CLK PROOF OF SERVICE DUE Vacated 
06/29/2000 RED STAR ADDED AS AN INDIVIDUAL  Not Applicable 
06/29/2000 SUMMONS ISSUED ON THE CROSS-COMPLAINT FILED 06/29/2000 OF AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
06/29/2000 CROSS COMPLAINT FILED BY AUTHENTIC TECHNOLOGIES, INC.,  Not Applicable 
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06/29/2000 ANSWER TO COMPLAINT FILED 05/04/2000 OF CHARTER ADJUSTMENTSCORPORATION FILED BY AUTHENTIC TECHNOLOGIES, INC., REPRESENTED BY DONALD G MOATS  
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05/04/2000 CASE ENTRY COMPLETED Not Applicable 
05/04/2000 CALENDARED FOR PROOF OF SERVICE DUE ON 7/05/00 AT 12:00 IN DEPT. 1CLK  
05/04/2000 CASE MANAGEMENT CONFERENCE WAS SET FOR 9/22/00 AT 8:30 IN DEPT. 53  
05/04/2000 COMPLAINT FILED, SUMMONS ISSUED. Not Applicable 
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Case CIVWS00-1035 - Pending Hearings

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