TCT files lawsuit against Campbells

In response to an ongoing lawsuit against members of the Tri-County Telephone Association, Inc. (TCT), the corporation filed a complaint in U.S. Cheyenne District Court on May 26 against Joe Campbell and Barbara Campbell, as well as John and Jane Does 1-10.

The complaint filed by TCT alleges Joe, who was a member of the board of directors of TCT from Feb. 24, 2003 until the board was dissolved on Jan. 1, 2015, maintained control of a company-issued laptop he was required to return. His keeping the laptop means he had access to TCT’s trade secrets, including those spanning his entire time as a board member. TCT claims Joe was the single board member opposed to the sale of the company in late 2014.

The company has take measures to keep such information secret by using special employee and data protocols, including the requirement each terminated board member return his or her laptop for removal of trade secrets.

The complaint from TCT further alleges Joe had access to the secrets, and disclosed and used them without TCT’s consent, and at the time of that disclosure and use Barbara and the John and Jane Does knew or had reason to know that knowledge of the secrets was derived from someone who owed a duty to maintain secrecy. Also alleged is the pecuniary loss to TCT and possible substantial pecuniary gain by the Campbells.

Further allegations contained in the complaint are that the Campbells and John and Jane Does cause damaged to TCT’s contract with a bank, caused irreparable damage with regard to a planned data center in Cody, interfered with customer agreements, violated the Computer Fraud and Abuse Act, and breached non-disclosure agreement and corporate policies.

Joe and Barbara filed a lawsuit on Dec. 28, 2015. The Campbells represented themselves and similar persons. That suit stems from the Campbells’ belief that more than 800 members of the Tri-County Telephone (TCT) co-op were victims of fraud.

Among the defendants were TCT CEO Chris Davidson, CFO Steve Harper, and former board members Dalin Winters, Clifford Alexander, J.O. Sutherland, Daniel Greet and John K. Johnson, along with Neil Schlenker, who was the purchaser of the member-owned cooperative TCT, and attorney Michael Rosenthal.

According to the suit, Davidson and several former board members allegedly robbed owners in the co-op of the value of their ownership interests after the co-op was sold.

The complaint alleges, among other violations: voting irregularities and violation of bylaws, fraud and breach of fiduciary duty by all defendants; fraud and misrepresentation by Davidson, Harper, Winter, Alexander, Greet, Johnson and Rosenthal; and civil conspiracy to defraud and deceive by Davidson, Winters, Schlenker, Big Horn Telecom, BHT Holdings, BHT Investmerns, BHT Merger, Alexander, Sutherland, Greet, Harper Johnson and Rosenthal.

Though the members of the TCT co-op whose interests were sold voted on the transaction — 79 percent in favor, with five percent opposed and the remaining 16 percent not voting — there is alleged misrepresentation, and concern co-op members were entitled to more than capital credits when the sale happened and should have had more information than provided.

No specific damages were set forth in the suit, though it alleges TCT was sold for $51 million, subtracting $12 million to settle debts and $10 for possible liabilities. It further alleges TCT held assets of over $90 million.