SPRINGFIELD, Mo. (CN) – A businessman claims that a former business associate had three men assault him during a meeting, then stole his computer containing confidential business information. David Kelley sued US Assets Recovery and its employee Brian Kelley, whom he claims directed the assault.
Kelley, president of PGM Technologies, claims the assault and theft took place during a heated meeting with Jordan at US Assets Recovery in Joplin.
“Throughout the meeting, Jordan became increasingly and visibly angry,” according to the federal complaint. “Among other things, Jordan told Kelley he was a ‘fucking liar’ and that Jordan ‘was never flicking doing business’ with Kelley anymore.
“Toward the end of the meeting, while Jordan was very angry, Jordan walked to his office door, opened the door, and waved his hand to signal three individual males (referred to herein as John Doe #1, John Doe #2, and John Doe #3) to enter the office. Kelley was still seated in a chair where he sat during the meeting.”
Kelley claims that while Doe No. 3 held him down, the other two “repeatedly struck Kelley on the face/head with their hands.”
He claims that “Jordan then escorted Kelley off the premises and told Kelley he was ‘lucky to be leaving with his life.'”
Kelley said he asked Jordan for permission to retrieve a bag he had brought with him, but Jordan refused. The bag contained a laptop computer, cash, passport, travel rewards cards, an iPod and other property that belonged to Kelley and PGM. The lap top, which was not password protected, contained PGM’s confidential files.
Kelley says the defendants returned some of the property 24 hours later, but forensic analysis of the laptop showed the defendants had copied more than 4,000 confidential PGM files from the computer.
Kelley and PGM want the defendant to provide an accounting of all data copied from the computer; they want them enjoined from using the data for their personal gain; they want several pieces of equipment returned, the value of which they estimate at $400,000; $5,000 for the forensics test; and punitive damages for invasion of privacy, computer tampering and violations of the Missouri Uniform Trade Secrets Act. They are represented by S. Jacob Sappington with Husch Blackwell Sanders of Springfield, Mo.