- 49 - 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’sPage: Previous 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 NextLast modified: March 27, 2008