My company, is a security software company that protects people's identity and data when they communicate remotely.
There are three primary components, digital certificates, encryption and an access control component.
We began development of this system in 2001 and started to market it in January of 2005. This effort was entirely self-funded. I have attached a white paper if you need more product detail.
* Fraud by inducement
* Contract Violation of Distribution Agreement
* Contract Violation of Non-disclosure Agreement
* Copy right infringement
* Patent infringement occurred prior to abandonment of the patent
In July of 2005, Dr. Alfred O. Bonati made a verbal commitment to invest 5 million in Nomad for a 34% ownership stake, with no caveats. On September 9, 2005, Bonati signed a contractual commitment for the above ownership position, but he insisted on a contingency that he be granted an exclusive distributorship for Chile, Peru and Mexico. He also had a contingency that he would fund his investment with proceed from sales over a 12 month period. I now believe that he made this commitment with no intention of delivering investment fund. I also believe he did this to delay my search for funds. I doubt I could prove that he defrauded me but I can prove my stupidity.
A formal distribution agreement was executed on August 31, 2005 between Nomad Security and Hospital Holding LLC, and amended on January 24, 2006 with final pricing consideration.
Because of Bonatis commitment to invest, Nomad put off the search for venture funding and Rebmann continued to fund Nomad Securitys operation.
At the time this agreement was reached, Dr. Bonati hired his niece, Amy Spears, to manage the Operation. Amy has a Masters in business from the University of Tampa. She is capable and was very enthusiastic about growing the company. He also hired Raul Mehech on a commission only agreement to generate sales. Raul was presented as a guy who knows everybody in Chile, Peru and Mexico. I met with and trained these people and I had great confidence in them.
Shortly thereafter, Amy went to Chile to begin building her organization. On her second or third trip to Chile (March April time frame), Bonati fired Amy, sitting her lack of support from the staff, and replaced her with his Chilean mistress. Veronica Concha was to run the operation. Prior to this appointment, Veronica was a bank greeter with no technical, management, hiring, or software experience.
Veronica hired Andres as Icons technical expert. Nomads CTO went to Santiago to train him on Nomad product information. Andres technical background was not strong in this area, as he had little or no security experience. Because this employee did not have an understanding of the product or space, rendered the week spent in Chile to be very unproductive. We agreed to wave the fee, even though the agreement stated that Nomad would receive a fee of $1,500.00/day; in addition to out of pocket expenses for services rendered. It was clear Andres needed more training so to avoid paying Nomad for services and expenses, Bonati sent Andres to TX where Nomads CTO lived to get additional training. Veronica fired Raul and I began to realize Dr. Bonati would probably not generate much investment revenue with the new players.
I began aggressively looking for alternate sources of funding in the March, April 2006 time frame.
The initial distribution agreement was executed on August 31, 2005 between Nomad and Hospital Holdings, LLC a Nevis Company was modified on May 17, 2006 transferring the terms and conditions between Nomad Security LLC and Hospital Holding to Chile Holdings, LLC. The software company that distributed Nomad Products was named Icon Security under the holding company and was formed to exclusively distribute Nomads products.
In August of 2006, Nomad was forced to lay off all employees and severely limit operations because I had exhausted my entire savings and could no longer fund the company.
In September Dr. Banoti offered to provide development support for Nomad using Icon personnel. I believe that he made this commitment so that he could get our source code and I believe that is fraud. On October we executed a Non-disclosure agreement and confidentiality agreement to ensure the protection of the source code. After this agreement was executed I sent the source code to Icon and the theft was complete.
Shortly after, in the December time frame, I requested a copy of the updated code. On February 22, 2007 I was sent the code I initially sent them without any enhancements. When I question the fact that I could see no changes, Veronica said they had made no enhancements.
Icon never provided support in any way. In fact, when I called for support, Christopher Burger, their sales support guy, told me he was not allowed to speak with me and if I needed something I would have to speak with Banoti. I was subsequently told by Ricardo Palumbo, the Icon programmer, (the developer) that they were specifically told not to communicate with Nomad and I believe they were threatened with civil action if they did.
I could no longer view the Icon web site. I thought this very strange. In Mid April I called Christopher to get some help for a partner in Brazil and he said he could not help me and I should meet with Banoti.
I had a meeting with Bonati on or about May 9 or 10, 2007 during which I caught him in a number of lies.
He claimed my software did not work
He said he was filing for patent on software he had developed
He said he did not modify my software in any way
But when I told him to send it back and we should consider termination all he agreements, he fought like hell
He said he had a staff of nine in Chile
During this conversation he never agree to the support I requested
I asked him to send me the documentation on the product he said he was going to patent; he initially refused because it was proprietary but when I reminded him that he was in position of my proprietary information, he agreed to send it to me. I have never received and information.
He also offered me 30% of Icon. He wanted my sales expertise but history has proven that Icon will not accept my help. Had I accepted the partial ownership he would have been home free. Why did he really offer?
Because I could no longer support my customer base, I had to refund sales proceed to RDSI, which had revenue potential in access of $270,000.00 annually. We were awarded a sub prime contract with the Federal Government GWAC program which we have to renege on. The total value is 3 billion dollars; of which Nomad would be a participant.
On May 11 2006 Karen Belke, VP of Nomad Sales, got an email from an Icon employee in which he stated that he was risking his job and legal prosecution by communicating with Nomad employees. In this email he stated they just implemented a customer using Icon IAM which he described as Nomad with a different look.
On December 28, 2007 Christopher Berger, former Icon employee, confirmed that Icon had stolen Nomads code.
If you view Icons web site www.iconsecurity.cl there is no mention of Nomad products or the Nomad partnership. Although the site is in Span you can see that there are two products they currently sell, IAM and IDS both are clearly very similar to Nomads product. It is important to understand that it took Nomad almost 5 years and 3 developers to build Nomad Secure Access and they built their product in less that a year to build. They did this with junior programmers with no security experience. This is impossible!
Sometime in mid May I called the St. Pete Police and they said this was a civil mater. If Dr. Banoti came into my house and took one thousand dollars he would be arrested and I would easily recover. What he did was far worse he took something that I invested almost two million dollar in and by doing that he negated my ability to get further investment or to sell the company because the theft must be disclosed during negotiations. I have filed a civil suit but this crook is so lawyered up it will go on for years and I am already broke. I sure hope you can help. You gotta hate this guy.
I filed formal complaint with the FBI and the FTC in July. 7, 2007 and I have gotten no feed back.
Dr alfred banoti is a crook
St. Petersburg, Florida