Complaint Review: HARVEY MODLIN - HUNTINGTON BEACH California

My daughter was dating a convicted drugdealer from Newport Beach, California.  I was very happy to see when she no longer dated him.  She is now dating Jonathan Scott Cohen the son of Dr. Gerry Cohen. 

You would think I should be a happy father now.  My daughter stands to receive a very large fortune.  So  I hired a PI to investigate young Cohen and his family.  It seems young Jonathan has been addicted to and dealing narcotics for many years.  He did prison time when he was set up by an undercover police officer when selling drugs to local high school students.  His Doctor father GERRY comitted bankruptcy fraud.  Jonathan's stepfather Harvey Modlin, Cohen's mother Phylis where all busted for stealing from a defence contractor.  Govermnent secrets were located in Modlins home on the stolen computers.  Cohen tried to hide the information by recording over the erased hard drives with music.  The FBI trained IT specialists easly uncovered their hamhanded coverup. 

Then when I could not believe they could have comitted any further crimes young Cohen brags to me his dad was able to payoff ORANGE COUNTY SUPERIOR COURT JUDGE JAMES GREY. The payoff was to extracate young Jonny from a multi million dollar scam.  JON COHEN was proud of his father Gerry for paying off a sitting ORANGE COUNTY SUPERIOR COURT JUDGE.

 The Cohens paid off Judge Grey by contributing to Judge Grey's laughable run for president.  That's right! CAMPAIGN CONTRIBUTIONS!!  HEHE 

Cohen and his family were also able to give Grey huge sums of money by buying GREY's books he published saying drugs should be legalized in the United States. I just do not know how this JUDGE GREY had anytime to even be a judge as he was running for president, writing and publishing a book, playing judge  ALL AT THE SAME TIME!  It is all so almost unbelieveable!!  But the PI told me....BELIEVE IT IT IS ALL TRUS!!  TRUTH IS STRANGER THAN FICTION.

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The California Courts of Appeal recently concluded that a former employee could not have breached a duty of loyalty to his employer where he entered into competition with the employer only after leaving the company. Primetech Corp. v. Cohen, 2008 WL 1899976 (Cal. App. 4 Dist. April 30, 2008).

The plaintiff, Primetech Corporation, a supplier of aircraft parts to the military and civilian industry, hired defendant Jonathan Cohen to help produce a database of aircraft parts. A year after Cohen started, the United States Air Force suspended Primetech and debarred many of its principals from any government contracting because of allegations that the company had knowingly delivered counterfeit parts to the Department of Defense. Around this time, Cohen, and another employee of Primetech, formed Air Sonic, an aircraft parts business, where they continued to use Primetechs database. Cohen ultimately separated from Primetech in July 2005, taking several computers with him, as well as a database program containing Primetechs financial information.

Primetech sued Cohen and his new aircraft parts company, Air Spectrum, which had replaced the earlier Air Sonic. After a bench trial, the trial court entered judgment for Cohen on most of the causes of action, rejecting Primetechs claims for breach of loyalty, misappropriation of trade secrets, and unfair competition, among others. Primetech argued on appeal that the trial court had erred in denying its motion for a directed verdict (nonsuit) on its cause of action for breach of loyalty. Primetech alleged that Cohen had breached his duty of loyalty when he began operating his own aircraft parts company while still employed at Primetech. The trial court, however, concluded that Cohen was never an officer of the company and furthermore, he had started Air Sonic with the consent of Primetechs vice president and had not actually decided to compete with Primetech until after he had separated from the company, which he was entitled to do since there was no non-compete clause in his employment contract. Reviewing the facts, the Courts of Appeal observed that while substantial evidence supported a determination that Cohen was an officer of Primetech when he set up a competing business using Primetechs database, Primetech had failed to demonstrate that Cohen had directly harmed the company with his competing venture, so any error was not prejudicial and thus reversal was not warranted. As a result, the Courts of Appeal held that the trial courts factual findings precluded Primetech from succeeding under a breach of loyalty theory.

This case should prompt companies to consider carefully the circumstances under which they separate from former executives. Although non-competition agreements can protect an employer, a company should not rely on breach of loyalty claims to protect against contemporaneous competition where there is any inference of an amicable split. Employers should also realize that to pursue a breach of loyalty claim successfully , they must demonstrate that the employee formed the design to compete while still employed with the company. Similarly, without adequate trade secrets counseling and preparation, even a companys most valuable asset (in this case the airplane parts database) can be used by former employees in competing businesses if the proper protections are not in place.

ROBERT M. PRESTWOOD DBA PRIMETECH vs. COHEN RE: Miss Appropriation of trade secrets: Cohen Exonerated, Primetech Appeal Denied

Primetech v. Cohen: No Duty Of Loyalty To Past Employers

The California Courts of Appeal recently concluded that a former employee could not have breached a duty of loyalty to his employer where he entered into competition with the employer only after leaving the company. Primetech Corp. v. Cohen, 2008 WL 1899976 (Cal. App. 4 Dist. April 30, 2008).

The plaintiff, Primetech Corporation, a supplier of aircraft parts to the military and civilian industry, hired defendant Jonathan Cohen to help produce a database of aircraft parts. A year after Cohen started, the United States Air Force suspended Primetech and debarred many of its principals from any government contracting because of allegations that the company had knowingly delivered counterfeit parts to the Department of Defense. Around this time, Cohen, and another employee of Primetech, formed Air Sonic, an aircraft parts business, where they continued to use Primetechs database. Cohen ultimately separated from Primetech in July 2005, taking several computers with him, as well as a database program containing Primetechs financial information.

Primetech sued Cohen and his new aircraft parts company, Air Spectrum, which had replaced the earlier Air Sonic. After a bench trial, the trial court entered judgment for Cohen on most of the causes of action, rejecting Primetechs claims for breach of loyalty, misappropriation of trade secrets, and unfair competition, among others. Primetech argued on appeal that the trial court had erred in denying its motion for a directed verdict (nonsuit) on its cause of action for breach of loyalty. Primetech alleged that Cohen had breached his duty of loyalty when he began operating his own aircraft parts company while still employed at Primetech. The trial court, however, concluded that Cohen was never an officer of the company and furthermore, he had started Air Sonic with the consent of Primetechs vice president and had not actually decided to compete with Primetech until after he had separated from the company, which he was entitled to do since there was no non-compete clause in his employment contract. Reviewing the facts, the Courts of Appeal observed that while substantial evidence supported a determination that Cohen was an officer of Primetech when he set up a competing business using Primetechs database, Primetech had failed to demonstrate that Cohen had directly harmed the company with his competing venture, so any error was not prejudicial and thus reversal was not warranted. As a result, the Courts of Appeal held that the trial courts factual findings precluded Primetech from succeeding under a breach of loyalty theory.

This case should prompt companies to consider carefully the circumstances under which they separate from former executives. Although non-competition agreements can protect an employer, a company should not rely on breach of loyalty claims to protect against contemporaneous competition where there is any inference of an amicable split. Employers should also realize that to pursue a breach of loyalty claim successfully , they must demonstrate that the employee formed the design to compete while still employed with the company. Similarly, without adequate trade secrets counseling and preparation, even a companys most valuable asset (in this case the airplane parts database) can be used by former employees in competing businesses if the proper protections are not in place.

DR. GERRY COHEN, JON S. COHEN AND HARVEY MODLIN FOCUS ON MEDICARE FRAUD.THE COHEN'S WITH A MEDICAL GROUP ARE BACK TO THEIR CORE BUSINESS OF MEDICARE FRAUD.

LAST WEEK, THE HHS OFFICE OF INSPECTOR GENERAL ISSUED AN ALARMING REPORT THAT FOUND MEDICARE PAID $520 MILLION...SENIOR JUSTICE DEPARTMENT OFFICIALS JOINED HHS SECRETARY KATHLEEN SEBELIUS AT THE NEWS CONFERENCE.

THEIR SCHEME WAS DOMINATED BY RESELLING MEDICARE DRUG PRESCRIPTIONS AND FALSE CLAIMS FOR MEDICAL EQUIPTMENT AND HIV INFUSION SERVICES. SINCE 2007 , JUSTICE PROSECUTORS WITH THE MEDICARE FRAUD STRIKE FORCE HAVE FILED

CRIMINAL CHARGES AGAINST 46 DEFENDANTS. OTHER PHONY MEDICARE CLAIMS WERE FOR MEDICAL EGUIPTMENT AND DIAGNOSTIC EQUIPTMENT.JON S COHEN HAS ALSO BEEN ARRESTED ON DRUG CHARGES.

Found Guilty Of Perjury in a California civil case, Mr. Prestwood is simply seeking revenge in these phony articles against witnesses and Mr. Cohen for the loss of his home to Jon Cohen after Mr. Cohen successfully prosecuted a civil case against him. The people named by Prestwood in this report have no relationship to one another and the criminal allegations are completely false. In fact Judge Gray wrote a letter to the Department of Justice recommending that Mr. Prestwood be indicted for his abuse of the judicial system.

This is a typical action by Prestwood who has been involved in over 40 civil cases in California as a Defendent as well as at least as many in Florida. Mr. Prestwood routinely terrorizesboth plaintiffs and witnesses in his civil and criminal cases in effort to control their testimony or cause them to drop their case. Mr. Prestwood has been the subject of several criminal investigations by the Department of Defense, FBI, Huntington Beach Police Department, in both Huntington Beach, California and in a fradualent Bankruptcy proceeding in Miami, Florida where he was ordered to pay over 1.7 million dollars to the court. Currently a resident of Florida, anyone doing business with Robert Milton Prestwood or his shell companies should be strongly cautioned.

EX Employee of Robert Prestwood Primetech Corp

MODLIN AND COHEN'S OFFSHORE MONEY LAUNDERING COMPANY "SURF CITY NETWORKS" HAVE TEAMED WITH JACK ABROMOFF,SCOTT ROTHSTEIN, ESQ. OF FT. LAUDERDALE AND PARTNER LEVIN OF LAS VEGAS. AND THE FUNNY THING IS THEY ARE THE COUSINS OF BURNIE MADOFF.  WHAT IS NOT FUNNY IS ALL THE MONEY THEY TOOK IS IN ISREAL WAITING FOR THEM TO SPEND IN THE FUTURE.  PETTY THIEF, DRUG DEALER AND DRUG ADDICT JOHATHAN SCOTT COHEN HAS TEAMED UP WITH THE BIG BOYS.  FOLLOW THE MONEY OVERSEAS VIA XS NETWORK, INC. AND SURF CITY NETWORK OF HUNTINGTON BEACH, CA.