Slightly Redacted May 12, 2016 Supplement to Prior Motion in Opposition to Respondents' Motion to Dismiss

8/17/2019 Slightly Redacted May 12, 2016 Supplement to Prior Motion in Opposition to Respondents' Motion to Dismiss

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UNITED STATES DEPARTMENT OF LABOROFFICE OF ADMINISTRATIVE LAW JUDGES

----------------------------------------------------------------- X

In the Matter of:

_______ _______, Case No.: 2016-SOX-00024

Complainant, COMPLAINANT’S REPLY

AFFIDAVIT TO

SUPPLEMENT HIS

MOTION IN OPPOSITION

TO RESPONDENTS’

MOTION TO DISMISS

-against-

NTT DATA, INC. and CREDIT SUISSE AG,a/k/a CREDIT SUISSE SECURITIES (USA) LLC,

Respondents.

----------------------------------------------------------------- X

STATE OF NEW YORK )

) SS:

COUNTY OF NEW YORK )

_______ _______ , being duly sworn, hereby affirms the following to be true under penalty of

perjury:

1. I am the Complainant in the above-entitled matter and as such am fully familiar with

the facts and circumstances surrounding it.

2. By making this “Complainant’s Reply Affidavit To Supplement His Motion In

Opposition To Respondents’ Motion To Dismiss” (hereinafter referred to as “Reply

Affidavit”), I affirm that every statement I expressed in the “Complainant’s

Memorandum Of Law In Support Of Motion In Opposition To Motion To Dismiss”

dated April 18, 2016 that I submitted in this proceeding is truthful and accurate.

3. In addition, through the submission of this Reply Affidavit, I seek to have an Order

issued in this proceeding that grants me relief by:



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a. Confirming that complaints I made to Respondent NTT Data, Inc. (hereinafter

referred to as “NTT”) and Respondent Credit Suisse (hereinafter referred to as

“CS”) between February of 2012 and April 28, 2012 constituted protected

activity under the employee protection provision of the Sarbanes-Oxley Act

that is consistent with findings that were issued in the matter of Dietz v.

Cypress Semiconductor Corp., ARB No. 15-017, 3/30/16 (released 4/6/16)

because the complaints I made to NTT and CS during that period concerned

multiple acts of wire fraud NTT committed in violation of 18 U.S.C. § 1343

that caused me harm.

b. Confirming that the protected activity I engaged in with NTT and CS during

the period I just described caused Ed Epstein of NTT to conspire in an e-mail

message as early as April 10, 2012 to terminate my job at CS, NTT to execute

that plan to have me terminated on April 27, 2012, and NTT to blacklist me on

May 2, 2012.

c. Confirming NTT committed multiple acts of wire fraud between January of

2012 and May of 2012 that caused me harm.

d.

Confirming NTT violated the NTT Group Corporate Ethics Charter and the

NTT Data Global Compliance Policy that both required NTT to diligently

investigate the complaints I submitted to it and then take appropriate action.

e. Confirming CS exhibited reckless indifference in regards to complaints I made

to Pierre Schreiber of CS through a letter dated May 7, 2012 in accordance

with CS’ Whistleblower Process that articulates how CS is supposed to deal

with grievances submitted by whistleblowers.

f. Confirming CS failed to compel NTT to comply with CS’ Supplier Code of

Conduct policy in response to the complaints I submitted to CS against NTT.

g. Confirming NTT and CS are jointly liable for adverse actions NTT and CS

subjected me to that stem from fraud NTT perpetrated against me largely

http://src.bna.com/dU3




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because CS benefited from that fraud and exhibited a reckless indifference to

that fraud.

h. Confirming NTT misclassified me as an independent contractor in 2012 and

that CS was largely responsible for me having been misclassified as such.

i. Confirming I was a common-law employee of both NTT and CS at the same

time in 2012.

j. Awarding me partial summary judgment for back-pay for 100.25 hours of

overtime I worked at CS in 2012, CS timesheets confirm I worked, and that I

was never paid for, together with pre-judgment and post-judgment interest.

k. Compelling NTT to immediately issue a payment to me in the amount of the

back-pay I am awarded in this matter, together with pre-judgment and post-

judgment interest.

l. Awarding me lifetime front-pay in lieu of reinstatement to be paid by both

NTT and CS.

m. Awarding me the value of all of the entire scope of benefits NTT and CS have

made available to their employees.

n.

Awarding me sufficient compensatory damages in order to make me whole

again, after taking into consideration all of the harm I and others have

experienced as a result of the adverse actions that have been committed against

me by NTT and CS since 2012.

o. For such other, further, and different relief that this Court deems just and

proper.

STATEMENT OF FACTS

1. Less than 2 months ago in the matter of Dietz v. Cypress Semiconductor Corp., ARB No.

15-017, 3/30/16 (released 4/6/16), an Administrative Review Board of the United States

Department of Labor issued a decision in which it determined that the Complainant,





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Timothy C. Dietz, engaged in protected conduct while making complaints about a

compensation plan that implicated the federal mail and wire fraud statutes. This point is

supported by the following statement that appears within the footnote 32 that appears at

the bottom of page 9 of that decision:

“Mr. Dietz clearly believed that [Cypress] was carrying out a fraudulent scheme by violating state laws on payment of wages to its employees, a scheme thatnecessarily implicated interstate mail, wires, and banks.”

On page 10 of that same decision, the following statement appears that describes the

standard that Administrative Review Board used to determine whether Mr. Dietz had

engaged in protected conduct under the Sarbanes-Oxley Act’s whistleblower provision:

“Thus, to answer the question of whether Dietz’s actions constitute “protectedactivity” under the SOX whistleblower provision requires us to analyze whetherDietz reasonably believed not only that Cypress’s bonus plan’s compulsorydeductions violated state wage laws but also that Cypress was knowinglymisrepresenting or concealing material facts about the bonus plan from itsemployees.”

2. Information that appears on the web site of the United States Department of Justice

describes wire fraud as a scheme to commit fraud that utilizes electronic communications

in furtherance of a scheme to commit fraud. In addition, information that appears on that

web site states that “fraudulent intent is shown if a representation is made with reckless

indifference to its truth or falsity.”

3. On January 17, 2012, someone named Keith Backer, who worked for NTT on that date

sent me an e-mail message that contained a copy of the contract that NTT issued to a

corporation named _______ _______ Corporation (hereinafter referred to as “_______”)

that I have been affiliated with.

4.

NTT made the following representations within sections 3 and 5 in that contract:

a. I would be able to work as an independent contractor while working at CS



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throughout the entire 12-month term of that contract.

b. Neither NTT nor CS would have a right to nor would do the following

throughout the term of that contract:

i. Determine the number of hours I worked at CS per day.

ii. Control the manner or prescribe the method of accomplishing the

services that I would perform at CS.

iii. Direct me.

iv. Fire, discipline, and supervise me.

v.

Set my working conditions.

5. NTT represented within section 1 of that contract that I was to be paid by NTT “at the

applicable hourly personnel rate set forth in Exhibit A.”

6. The Exhibit A that was included with the contract NTT issued and transmitted to me by

e-mail on January 17, 2012 clearly indicated that the “Hourly Rate of the Consultant’s

Employee providing services under this Agreement” would be based upon a daily rate of

“$478/Per day.”

7. NTT represented within section 2 of that contract that it was required to notify me at least

two weeks prior to any decision it may make to terminate the contract it issued to

_______.

8.

NTT represented within section 5 of that contract that I would be able to provide services

to entities other than NTT during the term of that contract.

9. NTT sent me an e-mail message that contained a copy of its payroll schedule that would

determine the dates when NTT would issue payments to _______ for the work I

performed at CS.



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10. Between February of 2012 and April 27, 2012, I made complaints to NTT and CS about

the following:

a. NTT having repeatedly failed to issue payments to _______ by the payroll dates

listed in NTT’s payroll schedule for the work I performed at CS. An e-mail

message that I sent to Rebecca Freund, Mr. Backer, and Sharin Newman of NTT

on February 29, 2012 is an example of a complaint that I made to NTT about

NTT having failed to issue payments to _______ by the applicable payroll date

that was listed in the payroll schedule NTT provided to me. A copy of that e-

mail message appears within the annexed Exhibit A.

b. NTT having refused to pay me overtime for overtime I worked at CS strictly

because CS had coerced me to work overtime at CS. In response to those

complaints, NTT falsely claimed that the contract it issued to _______ was

subject to a ten-hour professional workday. Sharin Newman of NTT made that

false claim twice in e-mail messages she sent to Ed Epstein of NTT on April 10,

2012 and to me on April 25, 2012. Copies of those e-mail messages appear

within the annexed Exhibit B with e-mail messages I exchanged with Ed Epstein

of NTT on that same date that concerned a request I had made to NTT to have

the contract it issued to _______ modified in order for penalties to be added to it

that would be triggered in the event that NTT were to continue to issue payments

late to _______ for work I performed at CS in 2012. The content of the second e-

mail that appears within the annexed Exhibit B confirms that I made Mr. Epstein

aware on April 10, 2012 that I was considering retaining an attorney to address

additional breaches by NTT of the contract NTT issued to _______. This point is



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unequivocally confirmed by the following statement that appears in the e-mail

message I sent to Mr. Epstein at 3:06 pm on April 10, 2012: “It’s my decision

alone whether to retain the services of an attorney without delay in the event of

further breaches.”

c. CS having deprived me of the ability to work as an independent contractor while

I worked at CS in 2012 that constituted tortious interference by controlling how I

worked at CS and determining the number of hours I worked per day at CS while

requiring me to consistently work overtime and longer per day than permanent

employees of CS. The remarks shown in the e-mail messages dated February 21,

2012 that Pierre Newman of CS sent to me and the e-mail message I sent to

Keith Backer of NTT on April 23, 2012 that appear within the annexed

Exhibit C clearly refer to how CS deprived me of the ability to work at CS as an

independent contractor by controlling how I performed my work at CS and the

number of hours I worked at CS per day. The e-mail message Pierre Newman

sent to me on February 21, 2012 that appears within the annexed Exhibit C

confirms that CS controlling how I performed my work at CS and supervised

me. While I worked at CS in 2012, my coworkers assigned me work associated

with Remedy tickets to complete and directed me about the sequence in which I

was to complete requests for technical assistance that were listed in Remedy

tickets. My coworkers at CS also directed me about the length of text I was to

enter into the Remedy system upon completing a request for technical assistance

for the purpose of providing a description about how I resolved requests for

technical assistance.



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d. CS restricting my ability to work for other firms in my spare time during the

period I worked at CS in 2012 by requiring me to get pre-authorization from CS

in order to be able to work for other firms during that period. I recall having

talked with Keith Backer of NTT about this issue, after CS presented a form to

me that required me to disclose additional business I was involved in and obtain

pre-authorization from CS I order to perform additional work for other firms.

e. Harassment I was subjected to by Sharin Newman of NTT and Salahuddin Ilyas

of CS. Mr. Ilyas was a coworker of mine at CS in 2012. An e-mail message

dated April 25, 2012 that I sent to Ed Epstein of NTT that appears within the

annexed Exhibit D clearly refers to the harassment I was subjected to by Sharin

Newman of NTT. I reported the harassment I was subjected to by Salahuddin

Ilyas to one of my managers at CS named Pierre Newman by sending an instant

message through an electronic instant messaging system known as Microsoft

Office Communicator. When I reported that to him, I asked him to deal with Mr.

Ilyas’ harassment of me.

11. On April 27, 2012, I had a telephone conversation with Ed Epstein of NTT after I learned

that my job for working at CS had been terminated on that date and after Pierre Newman

of CS subsequently told me that he had not been involved in a decision to have that job

terminated and that he had not had any problems with me. During my telephone call with

Ed Epstein of NTT on that date, Mr. Epstein made a claim that I would later learn was

false by claiming that CS had directed NTT to terminate my job that allowed me to work

at CS in 2012. Contrary to Mr. Epstein’s claim that CS had directed NTT to terminate my

job that allowed me to work at CS in 2012, the e-mail messages that appear within the



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annexed Exhibit E and were sent by him, Sharin Newman, Keith Backer, and Diana

Cousins of CS collectively confirm that Mr. Epstein conspired with Sharin Newman and

Mr. Backer to have my job terminated on April 10, 2012 and then had Sharin Newman

execute that plan to terminate that job on April 27, 2012.

12. On May 2, 2012, Rebecca Freund of NTT sent an e-mail message to Sharin Newman and

Keith Backer that makes it clear that I have been blacklisted by NTT since that date. A

copy of that e-mail message appears within the annexed Exhibit F.

13. Following the termination of my job at CS on April 27, 2012, I was contacted by e-mail

by representatives of two recruiting firms in October of 2013 and December of 2013

about the possibility of having me work at CS again. Copies of the e-mail messages I

exchanged with those recruiters about possibly working at CS again in New York City

appear within the annexed Exhibit G. With regard to the interview that had been

scheduled for October 7, 2013 to be between CS and I, a friend of mine had an interview

on that same date with CS for the same job that my interview had been arranged. His

interview had been scheduled to occur after mine. Although it was explained to me by the

recruiter who scheduled my interview with CS in October of 2013 that CS decided to

cancel its interview with me because it wanted to finish considering other candidates for

that job, the fact that my friend was able to interview with CS for that job after my

interview with CS had been scheduled suggests that CS decided to cancel its interview

with me for some other reason.

14. Presently, I am unemployed and have been so for more than one year in spite of having

made enormous efforts to try to find employment. The efforts that I have made to try to

find employment have consisted of the following:



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a. Consistently searching and applying for jobs online.

b. Printing signs that make it clear that I am seeking help to try to find a job and

displaying those signs in public places that have included on Wall Street in

Manhattan, in Washington Square Park in Manhattan, by Pier 11 in lower

Manhattan, and right outside of the headquarters of JP Morgan on Park Avenue

in Manhattan.

c. Attending military veteran job fairs in Manhattan and talking with recruiters for

JP Morgan, AIG, Prudential, and other firms.

d.

Asking officials of New York City government agencies for help with finding a

job.

15. Presently, I am also quickly running out of my savings, have large bills to pay, have

urgent medical needs I have had to neglect because of NTT failure to pay _______ what I

have been owed, need to find a way to somehow obtain a lawyer to represent me in

frivolous lawsuit that was filed against me by a former slumlord of mine, and am living

in subsidized housing for formerly homeless people with an extremely confrontational

roommate that tossed my property around our shared apartment earlier today.

16. While I realize that Judge Odegard requested that I not print on both sides of the paper in

papers that I submit in this matter, since I am unemployed, have no hope of finding

employment soon, am running out of my savings quickly, and it would be more

inexpensive to print this reply affidavit and have it served upon all parties by mail by

printing on both sides, I am choosing to follow the example Judge Odegard set in her

April 25, 2016 Order in this matter by printing this Reply Affidavit on both sides of the

paper, as was done with that April 25, 2016 Order.



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ARGUMENTS

17. When I complained both to NTT and CS between February of 2012 and April 27, 2012

that NTT was failing to issue payments for work I performed at CS in 2012 by applicable

payroll dates listed in the payroll schedule that NTT had provided to me, I was engaging

in protected activity under the employee protection provision of the Sarbanes-Oxley Act

and reasonably believed both that:

a. NTT’s failure to make those payments by the applicable deadlines violated

applicable New York State labor laws and the federal Fair Labor Standards Act.

b.

NTT was misrepresenting its commitment to strictly and consistently adhere to

the payroll dates listed in NTT’s payroll schedule by failing to make payments to

_______ by the applicable deadlines within that payroll schedule for all of the

earnings I was owed for work I performed at CS (including overtime) and that

CS subsequently confirmed I had worked by approving timesheets I submitted to

it and those that were submitted to it on my behalf for work I performed at CS.

18.

When NTT sent me an e-mail message that contained a copy of its payroll schedule, that

payroll schedule did not indicate that NTT would issue payments by the payroll dates

listed within it strictly for regular wages I earned by working at CS in 2012 that were

billable at $59.75 on an hourly basis and that payments by NTT for overtime pay I earned

by working at CS in 2012 would be issued only after litigation took place between NTT

and I. For these reasons, it is quite apparent that NTT committed wire fraud in violation

of 18 U.S.C. § 1343 while also violating New York State’s labor laws that relate to the

payment of wages, the provisions of the Fair Labor Standards Act, and section 349 of

New York State’s General Business Law that pertains to the covenant of good fair and



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fair dealing. Essentially, NTT’s repeated and willful acts of wire fraud that caused me

harm stem from NTT having sent an e-mail message to me in which it clearly

misrepresented the payroll dates when all of my earnings resulting from the work I

performed at CS in 2012 would be paid by NTT.

19. When I complained to NTT and CS about CS determining the number of hours I worked

per day and requiring me to consistently work overtime in violation of the terms of the

contract NTT issued, I was engaging in protected activity under the employee protection

provision of the Sarbanes-Oxley Act and reasonably believed the following:

a.

NTT had misclassified me as an independent contractor in violation of the

federal Fair Labor Standards Act and New York State’s labor laws in the

contract it issued to _______ and that CS had consistently been engaging in acts

consistent with tortious interference that caused me to have been misclassified by

NTT as such.

i. I further believed that I was entitled to receive the entire array of benefits

that CS made available to its permanent employees because NTT had

misclassified me as an independent contractor and CS was controlling me

as if I was one of its employees.

b. NTT had violated Section 349 of New York State’s General Business Law.

c.

NTT committed an act of wire fraud by sending me an e-mail message

containing a copy of the contract it issued to _______ in which NTT made

numerous misrepresentations with reckless indifference to their truth or falsity of

those misrepresentations. Specifically, when I made those complaints to NTT

and CS, I believed that NTT had wrongfully failed to make CS aware of the



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terms within the contract NTT issued to _______ that would be violated if CS

engaged in acts that determined the number of hours I worked per day at CS,

determined the method, manner, or sequence in which I performed my work at

CS, restricted my ability to work at other firms during my spare time throughout

the term of the contract NTT issued to _______, etc.

20. When I complained to NTT about Credit Suisse’s work schedules for contingent workers

that was really about my entitlement to receiving overtime pay and Sharin Newman

responded by fraudulently claiming that my job at CS in 2012 was subject to a ten-hour

professional workday in an e-mail message she sent to Ed Epstein of NTT on April 10,

2012 and then to me on April 25, 2012, I was engaging in protected activity under the

employee protection provision of the Sarbanes-Oxley Act and reasonably believed the

following:

a. NTT willfully had violated all of the following laws:

i. New York State’s labor laws.

ii.

The Fair Labor Standards Act.

iii. The federal wire fraud statute (18 U.S.C. § 1343) in furtherance of a

scheme to illegally deprive me of income I earned from the work I

performed at CS in 2012.

iv.

Section 349 of New York State’s General Business Law.

b. NTT flagrantly and willfully misrepresented the terms of the contract it issued to

_______ by claiming that my job at CS was subject to a ten-hour professional

workday in spite of the fact that no such characterization exists in the contract

NTT issued to _______.





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compared with providing that assistance remotely from my desk.

b. Whether I should apologize to an end-user for having been unavailable at a

previously agreed upon date and time to provide technical assistance to that end-

user.

c. Whether I should provide lengthy and detailed descriptions that described how I

resolved requests for technical assistance from end-users or keep those accounts

short. Sheldon Samlal of CS required me to keep them brief.

22. When I talked with Keith Backer about CS restricting my ability to work for other firms

in my spare time during the term of the contract NTT issued to _______, he basically told

me not to be concerned about it.

23. With regards to the retaliation NTT committed against me in response to the valid

complaints I had been making against both it and CS to both it and CS, the following

statements apply:

a. At 3:06 pm on April 10, 2012, I sent an e-mail message to Ed Epstein of NTT

that appears in an excerpted form as the second e-mail message shown within the

annexed Exhibit B. By sending Mr. Epstein that e-mail message, I was

continuing to engage in protected activity with NTT while:

i. Expressing displeasure about NTT’s refusal to modify the terms of the

contract it issued to _______ in order to add penalties to it that would be

triggered by NTT’s continuing breaches of that contract.

ii. Informing Mr. Epstein that I might retain an attorney in the event of

further breaches of that contract by NTT

b. Less than one hour after I sent that e-mail message to Mr. Epstein, he sent an e-



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mail message at 4:03 pm on April 10, 2012 to Sharin Newman, Keith Backer,

and two other people that worked at NTT in which he wrote the following:

“It is my strong recommendation that you plan for his exit. Inform the

client, start looking for a backfill and get him out of our account.”

A copy of that e-mail appears as the second e-mail message within the annexed

Exhibit E.

24. There can be no dispute whatsoever that a causal nexus exists between the protected

activities I engaged in with NTT and CS and NTT’s decision to subject me to adverse

retaliation actions by terminating my job at CS, blacklisting me, failing to notify me at

least two weeks prior to the termination that it would happen, and besmirching my

reputation within NTT and CS in a way that has made it impossible for me to work at CS

again.

25. Furthermore, contrary to claims NTT made that my job at CS was subject to a ten-hour

professional workday, remarks made by an external recruiter named _______ _______ in

an e-mail message she sent me on September 24, 2013 and an external recruiter named

_______ _______ in an e-mail message she sent me on December 20, 2013 clearly

indicate that work at CS for the type of job I held at CS in 2012 was subject to an eight-

hour workday. The e-mail messages I received from those two recruiters that substantiate

this point are shown within the annexed Exhibit G.

26. In light of the information that I have shared in this Reply Affidavit and previously in the

other papers and exhibits I submitted in this matter, there can be no doubt that the

following statements are true:

a.

I engaged in protected activities against NTT and CS simultaneously under the

employee protection provision of the Sarbanes-Oxley Act and the Fair Labor



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Standards Act.

b. As a result of engaging in protected activities against NTT and CS that were

largely based upon improper conduct by CS, NTT subjected me to adverse

employment actions that CS condoned and was otherwise recklessly indifferent

about.

c. The true administration of justice demands that an order be issued immediately

in this forum in the form of a partial summary decision in my favor that will

compel NTT to issue a payment to _______ within 24 hours of its receipt of that

Order for the following:

i. The 100.25 overtime hours I worked at CS in 2012 for which CS

approved timesheets that NTT willfully refused to pay. I am owed

$8,984.91 for the 100.25 hours I worked at CS in 2012. That amount is

calculated from the following equation:

= (100.25 overtime hours worked x $478 daily rate) /

(8 hours per day x 1.5 overtime multiple)

ii. Pre-judgment interest that dates back to when those payments were due

in 2012.

iii. Post-judgment interest.

iv.

Two weeks of severance pay in lieu of the fact that NTT willfully defied

its contractual obligation to provide me with 2 weeks of prior notice

before it terminated my job at CS in 2012. In regards to this, it can

reasonably be projected that the severance pay NTT must be ordered to

pay to _______ immediately should be equivalent to the 50-hour



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workweeks I consistently worked at CS in 2012. Therefore, it is entirely

equitable to demand that NTT be ordered to immediately pay _______ an

additional $6,572.50 in severance pay, along with pre-judgment and post-

judgment interest that pertains to it and dates back to April of 2012.

27. Due to the fact that NTT elected to illegally blacklist me, equitable relief further demands

that an Order be issued in this forum that compels it to pay me front-pay from April 27.

2012 that extends to the rest of my life. The amount of that front-pay award should be

discussed with additional pertinent matters at a hearing that demands an immediate an

expedited scheduling.

28. An order must be issued in this forum that also grants me the value of the entire array of

benefits that CS and NTT made available to their permanent employees, together with

pre-judgment and post-judgment interest applicable to the value of those benefits.

29. The information in the annexed Exhibit H consists of copies of the timesheets that CS

approved for the work I performed in 2012.

WHEREFORE, Complainant _______ _______ demands that this application be granted in all

respects and for such other and further relief as to this Court seems just and proper.

Dated: May 12, 2016 New York, New York

_______ _______

Sworn to before me on this12th day of May 2016

NOTARY PUBLIC



SERVICE SHEET

Case Name: ________________v_NTT_DATA_SYSTEMS_AND_

Case Number: 2016SOX00024

Document Title: a) Complainant’s Reply Affidavit to Supplement His Motion inOpposition to Respondents’ Motion to Dismiss

I hereby certify that a copy of the above-referenced document was sent to the following this 12th

day of May, 2016:

________________

_______ _______

Adele OdegardOffice of Administrative Law Judges2 Executive Campus, Ste. 450Cherry Hill, NJ 08002

(hard copy – certified mail)

Todd Parker

Moskowitz & Book LLP345 Seventh Ave., 21st Fl. NY, NY 10001


Stephen KramarskyDewey Pegno & Kramarsky LLP777 Third Ave., 3rd Fl. NY, NY 10017




EXHIBIT A



From:

Subject: Another late paymentDate: February 29, 2012 at 5:19:03 PM ESTTo: [email protected]: [email protected],[email protected]

Rebecca,

After discovering that the payment from your firm that was due today wasn't available from my bank, please immediately ensure that those funds are in my account by noon tomorrow and thatthis practice of late payments does not continue.

Regards,



EXHIBIT B









EXHIBIT C





EXHIBIT D





EXHIBIT E









EXHIBIT F





EXHIBIT G







From:

Subject: Re: credit suisse Date: December 20, 2013 at 10:27:01 AM EST

To: [email protected]>

No. I was on this same team and not paid for all of the hours I worked there. I averaged 50 hourweeks, but got paid for 40.

On Dec 20, 2013, at 10:23 AM, @rmscorp.com> wrote:

Hi ,This is at Credit Suisse:

Consulting same rate $70 hr w2

Top Tier investment bank is seeking a Production Support specialist to guarantee the support,management, integrity and quality of the Fixed Income Trade Floor Desktop infrastructure . Theteam provides support to the Fixed Income and Derivatives businesses and their support teams.The role will be working within an experienced team of Trade Floor Support Analysts withshared responsibility for the following:

- Provide 2nd level technical support for detected system and user problems. - Troubleshootingand resolution in the Windows 7 desktop environment. ad-hoc troubleshooting and support foruser queries; extensive intra-bank liaison, especially within the business groups; manage vendorcontacts and relationships; managing small projects on a day to day basis; - Adherence to strictSLA and KPIs. - Report and escalation of problems in a timely manner. - Monitoring and control

of business need and requirements.

Key Deliverables

The primary function of the trade floor support roll is their responsibility for proactivemonitoring and control of the desktop environment, Incident and Problem Management of anyissues:

All aspects of desktop administration in the Windows 7 environment. Management of processesand interfaces between all IT areas with primary focus on providing business support.

Additional duties and responsibilities Ability to install configures, administer and troubleshoot inthe Windows 7 environment. MS Office, Outlook, Acrobat, Lync troubleshooting. Market DataApplications, including Client, Reuters and Factset products. Laptop and remote solutionstroubleshooting including Wireless support and Bluetooth technology. Support enterprise mobileenvironment Blackberry, Good and internal iOS Solutions (MyDocs, MyPhone, etc.) Strongcommunications both written and verbal. Proactive a desire to identify problems in theenvironment and resolve them at root cause Excellent interpersonal and communication skills



both written and verbal; Exceptionally strong customer service skills and professionalattitude; Ability to work effectively within a tight-knit team; Self-motivated and ability to workunder pressure; Flexibility to deal with conflicting and ever changing priorities; Ability to workflexible hours and varying shifts including a willingness to work overtime and be available forweekend work when required.

Qualifications

In addition a good knowledge in the following areas is required:

Sound technical experience in fast paced working environments. Experience in Banking andTrading Room environments. Sound understanding of Microsoft Windows 7 operating systemsas well as Active Directory administration. Working knowledge of Market Data services (e.g.Client and Reuters) and knowledge of trading and clearing system is highly desirable. Scriptingknowledge of but not limited to windows batch and script hosts and/or Visual Basic. Excel VBAwith ability to troubleshoot complex spreadsheets. Understanding of Web administration and/or

HTML. Strong understanding of networking protocols including TCP/IP, LAN &wireless. Familiarity with financial business functions including support for businessapplications Knowledge of other investment banking environments.

The following 5 personal competencies are key:

Customer Focus the ability to respond professionally and courteously to all ourcustomers. Teamwork candidates will need to be strong team players, who support theircolleagues and share their skills. Crisis the ability to stay calm in a crisis and respond to production outages in a measured and appropriate manner. Good interpersonal, management andcommunications skills. Excellent analytical troubleshooting skills and ability to own problemsthrough to resolution.

Additionally:

Good planning and organizational skills Ability to own problems through to resolution



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Date: 5/14/12


Tel: 201-315 -5484

Pay period: 4/16/12 - 4/30/12

Employee's name: Towaki Komatsu

Total hours worked during week ending 4/22/12:

50

Total hours worked during week ending 4/29/12: 45

Daily rate for an 8-hour day: 478

Overtime rate multiple: 1.5

Total regular hours worked between 4/16/12 and 4/30/12: 80

Total overtime hours worked between 4/16/12 and 4/30/12: 15

Total regular pay due: 4,780 ( 478 per day divided by 8 hours per day, then multiplied

by 80 hours}

Total overtime pay due: 1,344.48 ( 478 per day divided by 8 hours per day, multiplied

by 15 hours of overtime, multiplied by 1.5)

Net total of regular and overtime pay due for pay period ending 4/30/12 : 6,124.48

2-weeks of compensation due for early termination of contract initiated by Misi

Company:

Date due: 5/15/12

Amount due:

6,572.50

Total regular hours amount due represents: 80

Total overtime hours amount due rep resents: 20

Total amount due on 5/15/12 : 12,696.98



Date: 5/18/12


Tel: 201 315 5484

Pay

period:

4/16/12 4/30/12

Employee's name: Towaki Komatsu



Total number of days worked: 10

Daily rate: 478

Total amount due: 4,780



'-......-

----- Forwarded Message -----

From

Ed Epstein <Ed.Epstein@nttdata .com>

To

Sent Sunday, May 20, 20 12 5:28 PM

Subject

Re: recent nvoice

Received .

Edward Epstein Regional Senior Vice President, Strategic Staffing NTT DATA, Inc w.

6 10.257 3036 \

m.

215.913.6664 \

[email protected] \ nttdata.co m/americas

On May 20, 20 12, at 12:35 PM,

wrote:

Attached is a modified invoice for the last pay period and is consistent with the amounts your

firm has paid for earlier pay periods . The overtime amounts for this and other pay periods will be

sought through the Department of Labor and a civil lawsuit.

also intend to leverage Fleet Week to draw attention to how your firm and Credit Suisse have

proven to actually treat military veterans .

From Ed Epstein <Ed.Epst [email protected] m>

Date

Fri,

18

May

2012 10:53:13 -0400

To

Subject

RE: recent invoice

Not a problem. Why not copy the attorney at CS on this .. .or should I?

You're a vendor and your services were no longer needed due to your attitude . You proved that

in our firm and at CS. We offered you to CS for free and outside of any contract

limitations. They said no

n

effect, they made the choice for you to longer be there not us. f they wanted you, then you

would still be there.

I have an idea; if they want you back, then have Dylan reach out to me. I will work it out with

him. What do you think ... .do they want you ... .want to try?

Send me all the emails you want, but if you want to get paid then I would suggest that your

corporation fix the invoice .

Edward Epstein

Regional Senior Vice President, Strategic Staffing NTT DATA, Inc w.

610.257.3036 j m. 215.913.6664 J [email protected] nttdata .com/americas



\_____.

'--

From Sent Friday, May

18, 2012 9:38 AM To Ed Epstein Subject Re: recent invoice

Your process requires a timesheet submitted with Credit Suisse's timesheet system and approved

by Credit Suisse management. How can that be done after your firm terminated my contract and

access o CreditSuisse's imesheet ystem.The lawsuits referred o earlieralso nvolved irms

similar to yours that were breaking federal and New York state labor laws and resulted in the

contractors winning the suits. I reported harrasment that was happening and never properly

investigated nor addressed. Instead, retaliatory action was taken that caused the end of my

contract. I always exhibited professionalism during my tenure at CS while those I worked with

didn't always and became a distraction. Thanks for making my day by strengthening my lawsuit.

From Ed Epstein <[email protected]>

Date Fri, 18 May 2012 09:25:41 -0400

To

Subject RE: recent invoice

You can put up a billboard for all I care. You failed at your engagement. You soured the people

around you and they didn't want your services any longer. That goes for MISI and Credit

Suisse. We no longer wanted to acquire your corporation's services. We approach Credit Suisse

to see if they wanted to keep you. We offered them to have you go direct or through any other

corporation. They declined and said they no longer wanted you. I don't think they had a

problem with your technology offering but you negatively affected the team. They no longer

wanted you. That's a fact

Your actions though the time we acquired your services and since have proven we made the right

decision. Honestly, I think Credit Suisse .made the right one as well. They could have kept you

and decided not.

So you can threaten me and insult me all you want. Fact is, I will suggest to our accounting

group that your corporations invoice not be processed until it is accurate and complete. When

we get that (with approved time sheets) it will get paid in that time period. Until that happens I

will suggest that we don't process it.

You receiving payment is in your corporation's hands.

Edward Epstein

I

Regional Senior Vice President, Strategic Staffing

I

NTT DATA, Inc

I

w.

610.257.3036

I

m. 215.913.6664

I

[email protected]

I

nttdata.com/americas

From Sent Friday, May

18, 2012 9:07 AM

To

Ed Epstein

Cc:

[email protected]

Subject

Re: recent

mv01ce

You have zero credibility. Enjoy the lawsuit and thank you for providing me with indisputable



'--

written evidence to use in court and with military veterans groups.

From:

Ed Epstein <[email protected]>

Date:

Fri, 18 May 2012 08:48:22 -0400

To:

Subject:

RE: recent invoice

You are not eligible for overtime. Your invoice will not beprocessed until correct

Credit Suisse contacted us last week to discuss you. They made it clear (and they are correct),

that they have no association with you. Their relationship is with us and not you. That's what

consulting is all about.

And, you may not care about your attitude, but this is the reason you are no longer with us and

the reason Credit Suisse agreed with us that your engagement needed to end. The same issues

that you created with

MISI

they echoed were happening in their environment. You even

admitted to me that you claimed people were harassing you there. They had the same experience

as us (very negative) . You created your own issues .. .YOU ARE THE REASON YOU ARE NO

LONGER THERE

So, you soured your relationship with us and also them. We approached them and were going to

allow you to work direct or through another corporation (with no strings no fees). They declined

and said they no longer wanted you.

Your attitude stinks and I am done trying to help you. Your invoice will be processed according

to our normal procedure and I will make sure it doesn ' t get processed until it is correc t (no

exceptions). When it is submitted with time sheets and correct, then we will process along with

all our other consultants .

You were a vendor of ours (not an employee) and I will trea t you as such under the law . Your

invoice is wrong and won't be processed until it is correct.

Have a great day and weekend .

Edward Epstein Regional Senior Vice President , Strategic Staffing NTT DATA, Inc w.

610.257.3036 m. 215.913.6664 [email protected] nttdata .com/americas

From: Sent: Friday, May

18, 2012 8:22 AM To: Ed Epstein Cc: [email protected] Subject: Re: recent

mvmce

Slightly Redacted May 12, 2016 Supplement to Prior Motion in Opposition to Respondents' Motion to Dismiss

Documents