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Fujitsu and Former CEO Naoyuki Akikusa Sued for Digital Fraud In US District Court by LinkCo, a Small Technology Company |
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NEW YORK, Oct. 20 /PRNewswire/ -- LinkCo, Inc., an information
technology company, is suing Fujitsu Ltd., a world leader in information
technology, and its former chairman and CEO, Naoyuki Akikusa. The 4-count,
18-page Complaint, filed on Tuesday, October 14th in United States District
Court for the Southern District of New York (Case No. 08 CV 8770 at
http://linkcoinc.com/LinkCo-v-Fujitsu-Complaint-08_CV_8770.pdf)
accuses the global giant and its then president of fraud. Naoyuki Akikusa
served as Fujitsu's president from 1998 to 2003 and CEO/chairman from 2003
to 2008 and is a Fujitsu director. The Complaint alleges much more than digital fraud. However,
the digital fraud is the most creative and innovative fraud yet seen on the
Internet. (See Exhibit 15, reproduced at: http://linkcoinc.com/HTI-updated-2008-04.doc)
Representing LinkCo are Peter Shapiro, Linda Unger and Siobhan
Murphy, partners in the prestigious 600-attorney law firm Lewis Brisbois
Bisgaard & Smith LLP. In 1995, the Japanese government mandated a national program
they called the "Financial Big Bang." The government's intention
was to have completely digitized, consolidated and unified financial
disclosure and reporting across Japan and also globally accessible via the
Internet. At the time, Japan's highly complex disclosure practices were
paper based. The transformation to digitally based disclosure systems was
overwhelming. David Israel-Rosen, an MIT (Massachusetts Institute of Technology)
trained innovation expert, saw the need and had a bold idea of how to make
this work. He took his idea for a new system to a friend, MIT research
scientist and lecturer Oded Maimon, an established authority on database
and information disclosure technology. Between them the partners devised
an ingenious and workable system by which Japanese companies could create
disclosure databases online in order to produce reports and support inquiries
and searches via the Internet, all in a remarkably effective, easy to use and
cost-effective way. They made this system the basis of a new company they
created and called LinkCo. Under LinkCo, they then filed and obtained a US
patent for their Corporate Disclosure and Repository System. They had solved
Japan's business reporting and disclosure challenge and met the challenge of
Japan's "Financial Big Bang." Israel-Rosen then set out to find a corporate client in Japan.
The logical collaborative partner, he believed, would be Fujitsu, a global IT
provider with $53 billion in sales. Interest sparked, Fujitsu invited
Israel-Rosen to discuss LinkCo's approach. To make the case, Israel-Rosen
brought a third LinkCo partner, Jim Cook, a former MIT research engineer.
What happened next -- the complete willful theft of LinkCo's intellectual
property by Fujitsu and its subsidiary and affiliate companies -- would define
the next several years of Israel-Rosen's life. LinkCo sued Fujitsu, and won in the United States District Court
for the Southern District of New York. On November 6, 2002, Fujitsu's
misappropriation of LinkCo's intellectual property was affirmed by
unanimous jury verdict: LinkCo, Inc. v. Fujitsu Ltd., No. 00 Civ 7242(SAS). As it turned out, however, justice had not been served. In the
years after this suit was settled, through tremendous effort, time and
money, Israel-Rosen with his partner, Jim Cook, together discovered the
compelling evidence behind this complaint. Specifically, even during the
litigation, Fujitsu embarked on a program of shifting its sales to
identical but newly named products in entities hidden from the court.
Not until after the trial, was LinkCo able to discover massive evidence
that its proprietary and valuable information has been used in multiple
product lines by multiple subsidiaries, affiliated companies and even
third parties, creating enormous profits for Fujitsu. Despite these facts,
Chairman Akikusa swore to the court that Fujitsu's disclosure offerings
were limited to but one paltry product line, @DisclosureVision. LinkCo's Israel-Rosen eventually discovered that Fujitsu, its
CEO, its subsidiaries and affiliates engaged in an enormous cover-up of
Fujitsu's activities in order to deceive LinkCo and the Court as to the
true nature and extent of Fujitsu's misappropriation. The evidence he found
showed that Fujitsu, through control of witnesses, failure to disclose
witnesses and tampering of evidence, committed a fraud on LinkCo and on a
US District Court in order to limit the extent of damages to be paid to
LinkCo. In order to sustain this fraud, Fujitsu engaged in the most
innovative and nefarious hacking of information ever seen on the Internet.
LinkCo conducted an analysis of the HTML code on Fujitsu web
pages. This analysis showed Fujitsu employed numerous creative devices to
impede Internet discovery, such as displaying incriminating text in white
when the background is white so it can't be read. They also buried specific
incriminating text, such as dates and places, in cursor tags that are never
translated (or searchable). A third, but common, device was putting
incriminating text in images that also are never translated nor catalogued
by search engines. These are explained in Exhibit 15, cited above. LinkCo's new lawsuit also claims that Fujitsu fabricated the
date of misappropriation to an earlier date so that its multibillion-dollar
projections of sales from products using LinkCo's trade secrets would never
be shown to the jury. As Ms. Unger, one of LinkCo's attorneys, explains,
"In the previous trial, a PriceWaterhouseCooper's Damages expert,
Aaron Levko, testifying for LinkCo, estimated that Fujitsu's damages due
LinkCo were in excess of $550 million dollars. However, because of the date
Fujitsu attributed to the initial misappropriation, the Court did not allow
Mr. Levko to testify as to the full extent of LinkCo damages. Now we can
show how, as LinkCo alleges in its complaint, Fujitsu's deception of two
months allowed Fujitsu to potentially escape a half billion dollars or more
of damages." "Additionally," she continues, "Fujitsu
hid its international activities, a move that could amount to an additional
$300 million in damages. Factoring in interest since the misappropriation,
the total, not including punitive damages, is in excess of $1.5
billion." To view the full Complaint with all Exhibits, go to
http://LinkCoInc.com CONTACT: Judy Katz, +1-212-580-8833, judy@katzcreative.com |