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Motion to dismiss criminal charges made for former Fiberdyne employees
HERKIMER, N.Y. (WKTV) - There are fiber optic lines underground all over the country, and once they're installed, they must be tested periodically to make sure they are working.
That testing is one of the jobs the company called Fiberdyne in Frankfort performs.
Four men who used to work for Fiberdyne are accused of stealing information from the company and using that information for their benefit in another fiber optic testing company called Trans World Fiber Optics based in Herkimer.
A Herkimer County grand jury indicted the four men: Matthew Paoni, Daniel Caiola, Michael Caiola and Ronald Scalise, on charges of grand larceny, conspiracy and scheme to defraud.
Utica attorney Mark Wolber is representing Paoni.
Wolber says shortly after Fiberdyne filed a civil lawsuit against the four men last fall, a Herkimer County grand jury indicted them on the criminal charges. Wolber said, "It's an unusual situation to have a civil case followed by a criminal case. Often it's the other way around, where you get a criminal case and then if the person is convicted or pleads guilty then you have a civil case."
Wolber says he and the attornies for the other three men charged in the same indictment have filed a motion with the Herkimer County Court to dismiss the criminal charges.
Wolber says Paoni was a supervisor of the testing of fiber optic lines, but never had any dealings with Trans World Fiber Optics "wasn't paid by them, isn't a stockholder of them, has never worked for them."
When askled by NEWSChannel 2 how his client could be charged, Wolber responded, "That's a good question. That's why we've made the motion to dismiss the case, all of the defendants have, as it stands with him, because I don't see he has any financial gain from this whatsoever."
We tried to reach the attornies for the other three men named in the indictment, as well as a representative from Fiberdyne, and the special prosecutor handling the case, Donald Gerace, but they were unavailable for comment.
Wolber believes Paoni, and the other three former Fiberdyne employees for that matter, are not guilty of any crime against the company.
Wolber said, "He's specifically charged with grand larceny and scheme to defraud for diverting business from Fiberdyne to Trans World which is the other corporation, and they're charged with stealing ingformaton which is called non public confidential information, and what we have learned is this appears to be the names of the companies that do busines with fiber optic cable work. It's our position that the names of those companies is not confidential, and in fact it is open and it is public information."
Wolber says it could be a while before a Herkimer County Court Judge rules on whether to dismiss the criminal indictment, because of the entensive amount of evidence presented to the grand jury.