ABC Imaging lawsuit against a former employee who allegedly received kick-backs from an ABC vendor !

This lawsuit is not new news, but I'm just finding out about it....

Wow, in a lawsuit filed by ABC Imaging, ABC alleges that one of its employees (by now, a former employee) received kick-backs from an ABC Imaging vendor. To the tune of over $320,000!

Basically, the former employee declared Chapter 7 Bankruptcy, I guess in an effort to discharge the debt owed to ABC Imaging. But, ABC is fighting that; this lawsuit is an effort on ABC Imaging’s part to get the court to rule that this particular debt is “not dischargeable”.

I’ve copied below only the “background” of the lawsuit. If you care to read the entire complaint that ABC Imaging filed, you can access in at this link:

http://tinyurl.com/3va79gy

Okay, here’s the “background” of this lawsuit:

Background (of the lawsuit)

1. ABC Imaging is a printing and reprographic services company.

2. On or about September 2007, ABC Imaging hired Mr. Tievy to work as director of a new grand format division, which included producing large scale printing of posters, signs, vehicle wraps, billboards and other similar products.

3. Prior to hiring Mr. Tievy, ABC Imaging did not have a grand format division.

4. ABC Imaging hired Mr. Tievy for his experience in grand format work and his ability to bring customers and attract and develop relationships with new customers.

5. Mr. Tievy oversaw the division’s inception, hired employees and made recommendations as to which printing machines ABC Imaging should purchase to equip the new division.

6. ABC Imaging reasonably relied on Mr. Tievy for his expertise and customer relationships in the area of grand format printing.

7. Mr. Tievy continued to be employed by ABC Imaging until on or about September 2009.

8. Mr. Tievy also worked with outside vendors as part of his employment with ABC Imaging.

9. In the course of such outside vendor work, Mr. Tievy approved of purchasing materials (e.g., inks, finishing supplies, paper, vinyl, laments, and tools) for ABC Imaging.

10. One of the vendors with whom Mr. Tievy worked on behalf of ABC Imaging was Affordable Signs & Neon Inc., ("Affordable Signs").

11. Unbeknownst to ABC Imaging, when Mr. Tievy would place an order on behalf of ABC Imaging with Affordable Signs, he would receive kick-back payments from Affordable Signs for approximately 30% of the amount of the order.

12. From September 2007 through September 2009, Affordable Signs made a total of $320,573.50 in payments to Mr. Tievy related to orders placed on behalf of ABC Imaging ("Payments" or the "Debts").

13. From September 2007 through September 2009, Affordable Signs made the following payments to Mr. Tievy related to orders he placed on behalf of ABC Imaging: (see list of payments on pages 3 and 4 of the file I’ve placed in my Google Docs site – see link, above)

14. Mr. Tievy did not disclose the Payments he received from Affordable Signs to ABC Imaging.

15. ABC Imaging was not aware that Mr. Tievy was receiving the Payments from Affordable Signs for orders he placed on behalf of ABC Imaging.

16. Mr. Tievy did not turn the Payments over to ABC Imaging.

17. Mr. Tievy had an obligation to turn the Payments over to ABC Imaging.

18. ABC Imaging was damaged by Mr. Tievy's acceptance of the kick-back payments and failure to turn the kick-back payments over to ABC Imaging in at least the amount of $320,573.50 ("Debts").