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The E-Sylum:  Volume 10, Number 34, August 26, 2007, Article 8

ANA LAWSUIT DETAILS PUBLISHED

An article by David Ganz published online by Numismatic News August
23 reviews the background of the lawsuit by the American Numismatic
Association against former employees and consultants.  Unless
withdrawn or thrown out by the court, the case is heading for a
September 25th trial.   I'll publish a few excerpts here, but I
encourage ANA members and interested readers to study the article
for background information on the suit.  Many of the defendants
are E-Sylum readers, and I'd be happy to forward queries to them.

“‘The plaintiffs' law firm of Davis, Graham & Stubbs, LLP, claim
the suit was brought ‘to protect the security of its Internet site
and the privacy of membership and other confidential information.’

“Named as defendants are ANA life member and former computer
consultant John Nebel and his consulting firm, Computer Systems
Design Company of Colorado Springs. The other defendants are Wayne
Abraham, a former ANA controller and former interim executive
director; Barbara ‘Susie’ Nulty, a former ANA Internet technology
director, and Larry Lee, former ANA curator.’

“‘The first claim is for intentional infliction of emotional distress
by outrageous conduct, and pits Cipoletti against Nebel, Nulty,
Abraham and Lee. The second claim is for intentional interference
with prospective business relation and economic advantage, and pits
the ANA against Nebel, Nulty, Abraham and Lee.

“Third is a routine breach of contract claim (ANA against Computer
Design Systems), fourth is a claim of breach of settlement agreement
between ANA and Abraham, fifth is a civil theft claim against all
defendants, sixth is a breach of fiduciary claim against Abraham,
Nulty and Lee, and finally a civil conspiracy claim against all
defendants is lodged.’

“‘Ultimately, a conspiracy was alleged. ‘In or around November
or December, 2003 ANA employees witnessed Lee, Nebel and Nulty
having lunch together. ANA believes that Nebel, Nulty, Abraham
and Lee continued to meet for the purposes of harassing and
conspiring against ANA and Cipoletti.’

“‘Evidently dissatisfied with Cipoletti's leadership as ANA
executive director, Nebel claims in his papers to have set up
an alternative Web site that was password protected and which
had limited access to 26 people... The Nebel Web site was
visited by 23 of the 26 people who were given passwords.’”

To read the complete article, see:
Full Story

[Prior to the 2004 ANA convention where I was General Chairman,
I visited ANA headquarters in Colorado Springs and went out for
lunch with a group of ANA employees.  Later, I had a nice dinner
with John Nebel.  If having a meal in public is tantamount to
conspiracy, then I suppose I could be sued, too.   And if publishing
one's opinion is cause for legal action, then I suppose I flout the
law weekly.  Stating one's opinion is a constitutionally protected
right.  Publicly revealing confidential information is another
matter, and that aspect of the suit may have to be resolved by the
court.  But free speech is protected, and I'm surprised that at
least some of the ANA's complaints haven’t been tossed out of court
yet.  If this indeed goes to trial it will prove interesting to
watch on many levels.  Every single ANA member has a vested interest
in its actions and success, and is entitled to their opinion, and
to sharing it with any member who cares to listen.  -Editor]

  Wayne Homren, Editor

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