For more than 4 years now, former IT Director Zweizig pursued his former employer “NDT” and owner Tim Rote on a judgment he procured based on false testimony and the destruction of evidence.
The arbitrator that awarded the judgment has subsequently admitted to referring the arbitration to his former partner Linda Marshall (Zweizig’s attorney). The arbitrator was challenged for not disclosing the relationship with Marshall and resigned from the arbitration. Shortly thereafter however the arbitrator rejoined the arbitration as Judge, over Rote’s objection.
Once the arbitrator rejoined he summarily dismissed all the evidence presented in the trial by employer NDT. That evidence was comprised of more than 2,000 documents, 8 witnesses, 2 computer forensic experts and dozens of forensic reports. Zweizig had only himself as a witness.
Employer NDT’s evidence showed that Zweizig plotted over a six month period to withhold and destroy programming. After being fired by NDT for attempting to extort a raise, Zweizig executed his plan which led to the shut down of his employer. The shut down led to more than 150 people being laid off for a week.
Zweizig never apologized for this assault.
The arbitrator has shown remorse however and has provided to Rote evidence of his inability to follow the evidence and ultimate decision to publish the opinion and award written for him by Linda Marshall. He has been forgiven.
U. S. District Court Magistrate Paul Papak refused to perform the necessary checks and balances left to the court and the judgment was confirmed. This refusal by Judge Papak was and remains an affront to justice.
In 2009 Silicon Valley Bank hired hackers to break into NDT’s computer network and shut down the software, after being ordered not do so by U.S. Federal Judge Anna Brown. Silicon Valley Bank refused to return and reinstall the software. NDT sued and U.S. Federal Judge Blackburn ordered Silicon Valley Bank and Touchstar to turn on and reinstall the software. They refused.
The actions of Silicon Valley Bank and Zweizig are cyber crimes defined under the Computer Fraud and Abuse Act.
Protracted litigation ultimately destroyed NDT and its affiliated companies.
Those parties that aided and abetted Silicon Valley Bank and Max Zweizig will be brought to account, if by no other means than public exposure.
Many Judges have over 20 years ruled in our favor and ruled against us. Judge Papak and the arbitrator are the only Judges we have ever had on a case that completely ignored the evidence. The arbitrator has apologized and we consider that done.
What will never be acceptable is for a Judge to ignore the facts of a case out of solidarity with another with whom we have taken issue.
Judge Jones and Brown have ruled against us and we have no disregard for them or their opinions. We are not always right. Neither are we always wrong.
This win is the first step to accountability.
The Opinion by Judge Hernandez is here Opinion and Order Case # 406
When Justice Fails 