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confidentiality agreement, contrary to petitioner’s assertions,
does not prohibit disclosure of information pertaining to
petitioner but requires only that the employer be notified of any
inquiry so that it might seek protection against disclosure of
employer information not related to petitioner.
At trial petitioner testified that NCPL was owned by Mr.
Seki and that he was employed by Mr. Seki. The only
corroborating evidence of petitioner’s assertions are letters
written in English signed by Mr. Seki. Mr. Seki could not read
or write English. Kumiko Talmage testified that Mr. Seki worked
for petitioner. The record is devoid of any corporate
documentation including stock certificates, corporate minutes, or
public filings (other than the articles of incorporation for
NCPL, which do not disclose ownership) supporting petitioner’s
assertions. Moreover, the record as a whole supports the
inference that funds would be transferred when requested by
petitioner with no real limitation as to the amounts.
Petitioner introduced confirmatory memoranda created long
after transactions had occurred in an attempt to characterize
previous transactions in a manner inconsistent with facts. The
documentation relative to loans will be discussed shortly. Other
documentation prepared by, or at the direction of, petitioner, has
been represented by him to originate from others, including the
June 16, 2000, letter signed by Mr. Seki and an officer’s
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Last modified: March 27, 2008