Attorney Mark Wolber On ‘Unusual’ Outcome Of Fiberdyne – Trans World Case
Four Mohawk Valley men accused of stealing confidential business information and diverting customers to a competing business will not serve jail time. However, two were found guilty and two accepted plea offers - but it is a complex case to say the least.
Joining WIBX First News with Keeler in the morning, attorney Mark Wolber indicated that neither he nor the other defense attorney's has seen a case of this nature go to criminal court, instead of civil court.
However, Wolber - who represents Mathew Paoni - later said there is a civil case pending as well.
The case involved four former employees of Fiberdyne in Herkimer County, and another company called Trans World.
Three of the defendants were charged with conspiracy to commit grand larceny, accused of using confidential non-public information and stealing information from Fiberdyne.
Wolber says the defense position was that the information was not private and is accessible on the Internet.
"It was nothing Matt learned while he was there...it was a simple matter of starting a competing business,'' Wolber said.
Fiber optic cables are installed throughout the world, and they call upon various companies to complete the testing of the cable, he said.
Wolber explains the varying outcomes for the four defendants
''We were in the process of going to trial, we were selecting a jury. An offered was made by the prosecutor.''
Two of the defendants, Michael Caiola and Ronald Scalise, accepted offers to plead guilty to lesser charges, Wolber said.
''Dan Caiola and Paoni were offered something rather unusual. We allowed the prosecutor to read some facts on the record, and we offered no opposition - based on an agreement that the judge would convict both on a lesser charge of scheme to defraud in the second degree, which is a misdemeanor - and both would receive no probation or jail time,'' he said, so long as they didn't commit a crime over the next 12 months.
Meanwhile, the defense accepts the verdict but does not admit any wrongdoing, ''..because they do not believe they did anything wrong,'' Wolber said.
''This was a resolution that didn't cause too much harm to them. They can move on now,'' Wolber said.
This was also important because of the pending civil case, he said.
Full interview from WIBX First News with Keeler in the Morning: