Complaint Review: David R. Andalcio

After reading the Complaint Review by Tony, and in contemplation of doing business with Wynndalco Enterprises, I had the opportunity to interview an employee of Wynndalco who was familiar with the matter.  He prefaced the interview by advising me that the individual who provided the “facts” for the posted Complaint is a Puerto Rican named David Lima.  After Mr. Lima got into a dispute with MetStaff, Mr. Andalcio, who was under no obligation to do so, intervened to help resolve the matter.  Afterwards, Mr. Lima submitted a proposal to Wynndalco for independent contract work that was not accepted.  Since 2011, and continuing to this date, Mr. Lima has made multiple and repeated attempts to harass Wynndalco and its principals and employees (Exhibit X – 2011 Cease and Desist Letter).  This includes various attempts to hack into Wynndalco computer systems, smear campaigns on-line (including the Complaint), alleging misuse of software and other attempts to defame and/or extort Wynndalco, which were told to me and are detailed below.

It is clear that the defamatory Complaint contains many factual errors, which are rebutted, with supporting documents, below. In addressing these, I have put the allegations of Mr. Lima in RED and facts disputing the same below:

David R. Andalcio and different companies claming to be one of the Fortune 500 companies of the US which is not true.

Wynndalco Enterprises does not allege to be a Fortune 500 Company.  Rather, as can be seen by visiting the website itself (http://www.wynndalco.com/about-us/), Wynndalco “serves state and local governments, educational institutions and Fortune 500 companies” a far different cry than alleging to be a Fortune 500 Company.

In the company pages he indicates that he helped Puerto Rico with the E-rate program, which is not true,

Wynndalco has worked as a consultant with the Puerto Rican Dept of Education (“PRDoE”) and the E-rate Program, to secure technology funding, as can be seen, for example, from the official February 14, 2014 Meeting Minutes from the Puerto Rico Dept of Ed. E-Rate FY2014 Evaluation Committee Meeting, posted on the FCC website (http://apps.fcc.gov/ecfs/) and specifically (http://apps.fcc.gov/ecfs/document/view?id=60001009121) which begins the summary of discussion as follows: “The Department’s E-Rate consultant, Wynndalco Enterprise . . . .”

he has develop an scheme of companies which contract one and then another.  Wynndalco goes to the different departments of Educations of cities of different states to help liberate funds, he gets some funds, then Wynndalco, contracts Interface Computer Communications (ICC Max)( their representatives Louis Goffredo, Hermes Jimenez, Arleen Martinez, Eddie Madiedo, Yancy Cabrera, Lucas Noble, Anders Seaman, Teresa Rodriguez, Samantha Gregory, Jose Flores, in the case of Puerto Rico they contacted a company in New York Metstaff and their repersantative Michael Esposito

It should be of no surprise that Wynndalco does receive compensation for its work – what the Complaint colorfully phrases as “liberate funds” – or that under large government contracts, Wynndalco works with various contractors and subcontractors, legally, in order to secure E-Rate Program funds for various school districts operating under the U.S. Department of Education.  As part of the PRDoE E-Rate program, staffing was through MetStaff, a New York based staffing agency owned and operated by the Metropolitan Companies, Inc., not, as alleged, by Wynndalco or David Andalcio. Steven Herfield, claims on LinkedIn to be the President and CEO of The Metropolitan Companies, Inc. (https://www.linkedin.com/pub/steven-herfield/6/284/253) Databreaches.net confirms this information in a release regarding a data breach with the company (http://www.databreaches.net/metropolitan-companies-hacked-member-personal-information-accessed/) in which they report Steven M Herfield to be President and CEO of The Metropolitan Companies, Inc. (along with a link to a form letter robo-signed by Mr. Herfield explaining the breach).  Manta.com goes further and names him as owner (http://www.manta.com/c/mm08zdx/metropolitan-co) as does findthecompany.com (http://listings.findthecompany.com/l/18054230/The-Metropolitan-Companies-Inc-in-New-York-NY) and many more on the Internet.

MetStaff was not retained by Wynndalco, but rather, it was retained by FullData Corporation (“FullData”).  The Complaint writer appears to be confused insofar as Mr. David Lima’s supervisor was contracted to FullData by Interface Computer Communications (“ICC Max”) (note: FullData and ICC Max have common ownership, but at the time, and continuing to this date, neither Wynndalco or David Andalcio had any ownership interest in either company) as shown by the attached letter of Anders Seaman CEO of FullData (Exhibit A).  The letter also points out that ICC Max and MetStaff had the same role under the PRDoE contract.  Mr. Lima was paid by and worked for MetStaff, who in turn billed FullData, per the attached MetStaff invoice (Exhibit B – names redacted to protect the innocent). The Complaint then provides a litany of names of random employees of Wynndalco (some of whom were not even employed or affiliated with Wynndalco at the time of the alleged incidents) and other companies mentioned in his Complaint yet, it is unclear for what purpose he does so, other than to tarnish the names and reputations of these employees.

The job was to make an assestment of the schools equipment, the computers which we had to work were property of Wynndalco but all their licenceses were pirated and ilegal,

The Complaint correctly states that part of the project required an assessment of the school district’s computer equipment.  The allegation that Wynndalco computers had “pirated and ilegal[sic]” software is baseless.  In May of 2013, Mr. Lima, himself, was the one who filed a complaint with BSA The Software Alliance alleging pirated and illegal software.  Wynndalco received notice of such and immediately provided proof of license agreements to The Software Alliance, which put an end to the matter.  No further action was ever taken by BSA The Software Alliance or any other software licensor against Wynndalco for violation of licensing or failure to possess the same.  Evidence of this (as well as Mr. Lima’s continued harassment and defamation) are contained in the letter drafted to BSA/The Software Alliance (Exhibit C).

the companies were not registered to bonduct business in Puerto Rico, and the pay per hour was always late, also they did not want to pay for milage.

The companies were registered to conduct business in Puerto Rico, as evidenced by the attached document (Exhibit D).  As regards pay and issues regarding mileage, as is clear from the invoice above (Exhibit B) as well as the attached email (Exhibit E), payment to Mr. Lima was by MetStaff, which, in turn, received payment from FullData.  Mr. Lima is not, was not, nor was he ever, an employee or independent contractor of Wynndalco or of David Andalcio.  Notwithstanding, upon learning of Mr. Lima’s dispute over mileage, Mr. Andalcio did intervene and was able to secure Mr. Lima monies for alleged mileage expenses that MetStaff originally refused to pay.

Mr. Andalcio claims that Interface Computer Communications is not his but this following page says the contrary spoke.com/people/david-andalcio-3e1429c09e597c1001fbe1b3,

The link to Spoke.com is misleading as it is not current, nor was it at the time of Mr. Lima’s alleged harm.  Mr. Andalcio previously held an interest in Interface Computer Communications, however, his interest in that company ceased in 2003 when he sold the company in an arms-length transaction, years prior to the events alleged in the Complaint.  ICC Max is currently a separate and distinct entity from both Wynndalco and Mr. Andalcio.  Evidence of this can be found in the previously attached Exhibit A, stating that ICC Max was not (nor is it currently) owned in any part by Wynndalco or Mr. Andalcio.  Likewise, neither Wynndalco nor Mr. Andalcio hold any ownership interest in FullData.

also he and his company were involved in a scam with Netopia sec.gov/litigation/admin/34-53566.pdf,

This “scam” was an internal action by Netopia and its employees in which Netopia failed to file correct forms with the SEC or comply with GAAP relating to a contract with ICC Max, back in 2002 and 2003, when Mr. Andalcio had an ownership interest in the company.  The facts (as fully explained in the Mr. Lima’s link in the Complaint) are as follows: ICC Max had agreed to purchase asset management software from Netopia to fulfill a contemplated contract it had with the Chicago Public Schools (“CPS”).  The contract between ICC Max and CPS was delayed, so a side-agreement was made that ICC would not be liable to pay Netopia until it received payment from CPS.  Netopia sales employees, however, deleted the side-agreement before submitting the agreement to its finance department.  As a result, the finance department made an improper filing to the SEC.  When this error came to the attention of senior personnel of Netopia, they again failed to correct this error, although they were obligated to do so.  ICC Max did no wrongdoing and no inquiry, investigation or complaint was made by the SEC against ICC Max.  The SEC matter was against Netopia only.

chicagobusiness.com/article/20001001/HOLD/100015117?template=printart, ciudadpr.com/index.php?limitstart=110, cpsboe.org/content/actions/2001_03/01-0328-AR10.pdf.

This is a dead link so no information is available and no comment can or will be made.

David R. Andalcio also claims he is a latino which brings a bad name to all latinos, 

Whether Mr. Lima wants to recognize a native of Port of Spain, Trinidad as a Latino is, I suppose, up to him.  However, the rest of the world recognizes Mr. Andalcio as being of Hispanic Heritage (http://hispanicexecutive.com/2011/winds-of-change/).

 he claimed at one time the Chicago tribune also made an article on him articles.chicagotribune.com/2003-05-31/news/0305310115_1_tollway-fraud-suits-chicago-public-schools, which makes him a fradulent person, a con artist 

The Tribune article facts do not prove that Mr. Andalcio has ever participated in any fraudulent activities.  The article is written to suggest impropriety (as is especially popular in articles related to individuals appointed positions in Illinois state government) but fails to do little more than conclude that Mr. Andalcio is a successful businessman who, although he has been subject to inquiry or lawsuit, has never been found guilty of any wrongdoing.  The fact is that the Indianapolis lawsuit was inherited by Mr. Andalcio when he purchased a company and the other was the result of a disgruntled employee making a false claim of stolen computer equipment.  Mr. Andalcio simply chose to limit losses by settling these matters, rather than litigating them (a very costly proposition in Chicago, where top attorneys charge upwards of $450/hour and taking a case to trial can consume literally hundreds of hours). This puts him in the same boat as millions of businessmen and women around the country, who likewise continue to participate in legal and ethical business practices, but find themselves on the wrong side of a legal action.  It should be noted that in no lawsuit or allegation against Mr. Andalcio has there been any proof, admission or determination of any wrongdoing. 

 which buys his reputation and goverment positions with money also donating to the President Barak Obama.

Mr. Lima attempts to soil Mr. Andalcio’s reputation by suggesting that making political contributions is improper and unethical.  Were such the case, nearly every business in the United States would be guilty of wrongdoing.  He also suggests that Mr. Andalcio bought government positions with his contributions. The position “purchased” was, in fact a part-time position in which Mr. Andalcio agreed to waive the annual salary of $27,788 and to perform without compensation.  Furthermore, the position was in a government agency that had no involvement with his regular business activities.

 No govement agency has even investigated how $ 18,000,000 million dollars went on a survey of 400 schools and no action taken on the needs of the schools.

It is difficult to decipher what Mr. Lima is alleging, but it is true that no government agency has ever investigated the PRDoE matter because it was legal and proper, and successful.  As a result of Wynndalco’s work in conducting a needs assessment for long-term technology planning for the PRDoE (the task Wynndalco was retained to perform), the PRDoE was able to secure E-Rate funding for its schools in the amount of $18 million.  This $18 million dollars reflects funding to the PRDoE, not payment to Wynndalco.

How can this be posible a person with such a background with a company that steals ideas, software, federal funds and even deciet E-rate programs the supposed offices do not exists not the one in Orlando, Florida or the one in San Juan Puerto Rico.

This appears to be nothing more than libelous statements.  Wynndalco does not steal ideas, software, Federal funds nor deceive the E-Rate program and no evidence of such exists.  These baseless accusations reflect the ongoing attempts by Mr. Lima to tarnish the reputation of Wynndalco and Mr. Andalcio.  As relates to the offices in Orland, Florida and San Juan, Puerto Rico, Wynndalco states that it does, in fact, have offices in both Puerto Rico and Florida (as well as multiple other locations), both of which are listed on its website (http://www.wynndalco.com/about-us/office-locations/).

Do not work for any of this companies, they are all a reflection of David R. Andalcio a scam, a fraud, a thief with the acquisiton power to buy his way out of legal proceedings.  

More baseless libel against Wynndalco and Mr. Andalcio. Mr. Andalcio has never been found to have “scammed”, defrauded or stolen anything in his life.  There has never been any finding of impropriety or wrongdoing on his part.  The settlement of a matter in lieu of expending much greater monies defending a nuciance suit is not “buy[ing] his way out of legal proceedings” but rather prudent business practice.

All this information was given in an exclusive interview with one of David R. Andalcio victim, Mr. David Lima, he and his team created a database for the E-rate project, a website and a company and after David R. Andalcio saw all the information and gather all he needed stole the idea for his website, the way the database was develop and sold the solution to the PRDOE as the $18,000,000 million dollar package solution.

It should be noted that FullData was contracted by Wynndalco as an independent contractor to perform certain work for the PRDoE (as evidenced in the attached exhibits).  FullData used the services of MetStaff and ICC Max to subcontract the work to various individuals, including Mr. Lima, as evidenced by the attached MetStaff invoice.  The work performed by Mr. Lima was directed by FullData and any information created, gathered, produced or otherwise involving Mr. Lima would have been done under, for, on behalf of and at the direction of FullData.  Wynndalco was not a party to any contract with Mr. Lima, and not privy to any terms contained in any such agreement.  Whatever work performed, or information provided, by Mr. Lima was done at the direction of FullData.  Mr. Lima’s suggestion that Wynndalco stole information from him is without merit.  Mr. Lima was an independent contractor hired by MetStaff and working for FullData (See Exhibit E).  He was not forced to perform the work and any work which he did perform under his agreement would have presumably been done on behalf of, and to the benefit for, FullData and the PRDoE project.  Such information would have been part of his duties and were voluntarily performed by Mr. Lima.  Wynndalco had no direct contact with Mr. Lima, other than Mr. Andalcio’s successful attempt to procure monies from MetStaff for mileage Mr. Lima alleged were due and owing, as detailed further below.

It should also be noted that Wynndalco did not create a website, develop a database nor sell a solution to PRDoE for $18 million. Wynndalco assisted PRDoE in securing E-Rate funding of $18 million, not for Wynndalco, but for the PRDoE through the efforts of Wynndalco’s consultation services. 

As stated above, Mr. Andalcio’s only interaction with Mr. Lima resulted from complaints by Mr. Lima that he was not properly paid for mileage expenses.  These were not the obligation of Wynndalco, but rather of MetStaff who was the staffing firm employing Mr. Lima.  Mr. Andalcio, however, became cognizant of Mr. Lima’s complaints and, as lead consultant on the E-Rate project, worked with MetStaff to ensure Mr. Lima was paid for the mileage, notwithstanding MetStaff’s dispute over the validity of the claim.  Thereafter, Mr. Lima reached out to Wynndalco to attempt to secure additional independent contract work.  He presented a proposal to Wynndalco but it was rejected on legitimate business grounds.  Since that time, Mr. Lima has made multiple complaints to Wynndalco and Mr. Andalcio.  He has made attempts to receive compensation in exchange for refraining from his defamatory and harassing activities.  He has made multiple attempts to hack into Wynndalco computer systems and has sent Mr. Andalcio multiple emails containing links to viruses and other malware.  He has used bots to move the link to the Complaint to the top of Google searches run on Wynndalco and Mr. Andalcio. He has and continues to attempt to smear the reputation and good name of Mr. Andalcio and Wynndalco and its employees by posting false, defamatory and malicious allegations, including those found in the Complaint. 

After reviewing the documentation herein supporting Wynndalco’s version of the facts, it is this author’s opinion that Mr. Lima’s accusations are baseless and without merit and are defamatory in nature and should be ignored as the acts of a disgruntled indvidual.