Darrell W. Nelson, Dean and Director
Agricultural Research Division
207 Agricultural Hall
Lincoln, NE 68583-0704
RE: Violation of Privacy and more
During my service as a professional employee at the University of Nebraska I have always responded to all requests by your office and others in a timely and complete fashion either to provide copies of files or other information. The same is true regarding your request of June 3, 1999 to provide immediate access to all information relating to Corn Card International.
However, even before your request, the following happened. On the morning of June 3, 1999 a University of Nebraska Police Department detective, a University Operations analysis and a civilian computer specialist for the police department appeared at my office and said they were here to search all my files and requested that I sign a waiver that would allow them to search and remove the files. I declined, because without access to the files, producing the files during the arbitration process may not be possible for me if they called me to testify. My concern was that once they left my office that the integrity of the files might be compromised. Upon my refusal, the three individuals left saying without a signed waiver, they could not search my files because it violated the University Policy on Privacy. A copy of that policy along with a memo dated June 1, 1999 from Ken Cable are attached. (This incident was video taped by me).
On the afternoon of June 3, 1999, you, Don Helmuth, Milford Hanna and I met in Dr. Hanna's office and you explained to me that there had been a misunderstanding (a communications breakdown) and that it was the intent to have these people "help" me find possible missing files. I repeated that I did not want the files removed from my office. You agreed that they would search only files and communications regarding Corn Card International and would only make copies of the documents. At this meeting you hand delivered your letter of June 3, 1999 to me. Upon this basis and with the understanding that there would be no requirement to sign a waiver or police involvement I agreed. I have attached a copy of that letter. (As you recall, I also made an audio tape of the conservation).
On the Morning of June 4, 1999 the analysis from University Operation arrived first, I gave him the files of Corn Card International, and other files that Don Helmuth orally requested during our June 3, 1999 meeting {Gemplus ( that had never been requested before), Cargill (that had never been requested before), Chronopol (that had never been requested before)}. I also volunteered the bound copies of my telephone notes/logs from December 12, 1997 to the present (that had never been requested before). I provided the analysis a private office and my copy card to review and copy whatever he though was appropriate, with the understanding that anything copied, would be identified and I would have a copy with the same identification for use during the arbitration.
When the computer specialist arrived, a uniform officer accompanied him, carrying a gun. The police computer specialist told me that the University had rethought its position and that since the computer was university property that he had the right the access the computer and look at all my files and make copies of those he understood were the subject of the search. I told him that my understanding was that he was only to search for and copy files related to Corn Card International. I asked the police computer specialist and the uniformed officer to read your letter and was told that it was according to their understanding. But what happened is that few files or-e-mails were looked at visually. Instead they were just copied without regard to identifying if the file had a relationship with Corn Card International. My protests were in vain (I believed that his actions violated the University Policy on Privacy and the Electronic Communications Privacy Act, and who knows what else). (The initial part of this incident was video taped by me).
Under duress and based upon coercive comments made by the police computer specialist, and the presence of an armed uniformed police office I felt compelled to provide my passwords to the encryption software and the password to my e-mail (Lotus Notes). As-far-as I was concerned the police computer specialist gained access without permission to my computer system and my email and even if he did have authority, he exceeded the authorization agreed too in your letter of June 3, 1999 and our conversation in Dr. Hanna's office, i.e., access to information relating to Corn Card International.
He copied most, if not all my e-mail on Lotus Notes and e-mailed copies to himself. However, except for about 4 messages, I believe that none of the approximate 100 messages had anything to do with Corn Card International. Before the conversion to Lotus Notes, I had been using Pegasus Mail as my mail program and maintained the policy of keeping copies of all messages sent and it included messages from December 1997 to the conversion to Lotus Notes in May 1999. I also maintained individual folders for received mail from various companies and people. Essentially, except E-mail to my parents, children, and a few college acquaintances, he copied and sent all my e-mail to his e-mail address. I estimated that it was approximately 1,000 pages of e-mail. This meant that he copied the e-mail from almost everyone that I have received e-mail from or sent e-mail too regarding the IAPC during the past 18 months to his computer, and it included confidential information about both our research with individuals and companies that have executed non-disclosure/confidentiality agreements with us. My observation was that he was going to let Don Helmuth or someone else decide what to do with all the e-mail. He was intent on copying it and not selecting out Corn Card International related information. This is explicitly contrary to your letter or my understanding of our conversation on June 3, 1999.
Then he made a single massive search for other files on my computer using the following terms:
York OR Bill OR Brown OR William OR Grand Island OR Biodegradable OR Novamont OR Matter-Bi OR Mater-Bi OR ENPAC OR Printable Plastics OR IMCA GEMPLUS OR CORNCARD OR PLA OR Polylactic Acid OR Poly Lactic OR Intel-Card OR Turan OR Odbasi OR TTI OR South America OR Chicago OR GE Capital OR Walter OR O'farrell OR Susan OR Wharton OR Patents OR Attorney OR San Francisco OR Milford OR Hanna OR Chris OR Sozzi OR G&D OR ISO OR Mazin OR Alliance OR Stratigic OR ABS OR Plastics OR Darrell OR Vanderholm OR Dale OR Nelson OR Jeri Smith OR Cargil OR Intellectual OR Property OR Kelly OR Intermark OR Helmuth OR Chornopol.
One of more of these words are part of almost any file on my computer system and he appears to have copied approximately 120 files of the approximate 150 files on my computer and e-mailed to himself. My observation was that he was going to let Don Helmuth or someone else decide what files would be kept. He was intent on copying it and not selecting out only Corn Card International related information. This is explicitly contrary to your letter or my understanding of our conversation on June 3, 1999. At about noon on June 4, 1999, the stress from this situation elevated my blood pressure to the point where I had to leave my office. When Officer McGill noticed I was not feeling well she first helped by providing me with cold compresses, then later walked me to my car so I could drive home to get additional blood pressure medicine. Twice on the drive home to Beatrice, I had to stop and vomit from the affects that this event put on me. It was not until Monday night, 3 days later that my blood pressure returned to normal. Until June 4th my morning blood pressure medication had always been able to maintain my blood pressure with one dose a day, before I left for work each morning.
Your letter of June 3, 1999, also includes all such records within my possession despite their origin. As I mentioned to you on April 18, 1999, I made audio tapes of telephone conversations with Don Helmuth and the January 18, 1999 meeting where Don Helmuth was present. Please notify the arbitrator that once I can copy them, they will be provided. I anticipate that to have transcripts typed and copies made will require a minimum of 2 weeks. Therefore, they will be available during the week of June 21-25, 1999. If I had been notified of the requirement to produce these tapes, before the last minute, they could have been made available sooner. (At the time the tapes were made, they were recorded to help me refresh my memory. I made them on my personal recorder, using both tapes and batteries that I purchased. The University has no ownership interest in either the recorder, tapes, batteries, etc.).
Dr. Nelson, I doubt if you can imagine my feelings regarding the intentional infliction of emotional and physical stress on me by Don Helmuth's office and the University attorney Dick Wood. How would you feel to be summoned into an office and told that you were suspected of criminal fraud and conspiracy to defraud Corn Cards Internationals investors? Wouldn't you, like me, find these accusations defamatory and malicious? How would you feel being singled out in this case by being the only one whose files were search by the police and an analysis from University Operations? Why were not Don Helmuth's, Turan Odabasi's, Walter O'Farrell's, Peg Filliez's, Milford Hanna's, Belinda Gillam's, your secretary's, or your computer searched? Don Helmuth told me that the search was being done as part of the discovery process for the arbitration with Corn Card International. Is it not important that all the files on these computers be found and accounted for too?
Can you imagine the looks? The actual and silent questions I am getting from the faculty, staff and students that saw the armed, uniformed police office outside my door for most of the day on Friday, June 4th and the detective in my office on June 3rd? I do not have to imagine, it is like a curtain has been drawn around me, the questioning looks of contempt and ridicule are pervasive.
In my letter to you in early March 1999, I tried to point out that the position the University was taking was inconsistent with my understanding of the events and facts. However, no one has taken the time to independently review the files, e-mail or audio tapes that I have in my possession. Instead the decision was made to hire an attorney to void/break/revoke Corn Cards International's license. If the information I have and my understanding of the facts are wrong, let it be that way, but should not an independent person of group look at what I have and make a rational decision.
Reflecting on the events of June 3rd and 4th, I imagine that they occurred because of my March 1999 letter to you. The aggressive way Don Helmuth responded to my observation that the University may not have accepted the offer of invention from Fang, Hanna, Biby within the 6 months provided by the Regent's Bylaws now seems to me to have been the beginning of the campaign of innuendo and malicious remarks about me.
Thinking back to April 1999, I believe the meeting you had with Don Helmuth and Milford Hanna was related to the continuing increasing level of coercion. After that meeting, Milford Hanna told me that we needed to execute an assignment of the patent immediately to the University. Respecting Milford's request, Qi Fang and I executed the assignment the same day. It was only after the April 18, 1999 meeting with you, when you interviewed me for more than an hour, with a carefully listed set of question, and told me at the very onset that Dick Wood suspected that I was in conspiracy with Corn Card International to defraud their investors that I full appreciated why Milford Hanna said we needed to execute the assignment. Essentially, it was a successful attempt to coerce us into executing the assignment. My view is that my statements at that meeting, especially those that identified specific e-mail and notes that I had, where then used to target what files and information that should be taken from my office on June 3rd and June 4th.
The events of April 18, 1999 and those of June 3 and 4, 1999 appears to pernicious assault against me by Don Helmuth to protect, what I believe to be is a cover-up at his office regarding the consent his office gave to allow Corn Card International to amend its contract with the University of Nebraska and allow it to be assigned to GemPlus and to enter into a 2 phase research contract with GemPlus. In the January 18, 1999 meeting, Walter O'Farrell (from Don Helmuth's office) said the North American rights from the GemPlus research agreement should be licensed to First Data Resources ( FDR), a Nebraska Company and not GemPlus. Why should this be, when GemPlus was paying for the research? Has someone at Don Helmuth's office been trying to license GemPlus' proposed research to someone else?
Don Helmuth told me in no uncertain terms, in December 1998, that he would allow the assignment to GemPlus, as-long-as GemPlus signed the research agreement "first" with the University (the GemPlus research agreement was for exclusive world-wide rights to the technology). The framework for the GemPlus research agreement was e-mailed to Turan's office immediately after Christmas break, January 1999. Then the process stopped. Then in the January 18, 1999 meeting he stated that he would not allow Corn Card International to assign its license to GemPlus. Why? What harm would it have done to the University?
I have done what I was hired to do and I maintained modest records of the events that lead us to this place, with this license. However, my possession of these files, e-mails and audio tapes has made me the target. And now, University policies and probably numerous state and federal laws have been violated through the abuse and misuse of what appears the absolute power of Don Helmuth. Please, encourage the University to take a pro-active approach in dealing with what has happened to me, so I can avoid filing a formal grievance regarding this these events. Time is of the essence and I believe this can be resolved by noon Monday, June 14, 1999.
There are four requests I would make to the University that will resolve what has happened:
Sincerely,
Gerald D. Biby
xc: Vice Chancellor Irv Omtvedt
Milford A. Hanna
