tunnel rat posted on February 27, 2010 12:41

This time, from some Desi douchebag named Vineeth Kurup at Fulcrum Logic.  Just look at this ad for a Java developer - ONLY CANDIDATES LOOKING H1B TRANSFERS CAN APPLY FOR THIS POSTION.  Please make a donation so that the Insurgency can pay this guy a visit:

 

 


The last we left off, I had gotten word about the now infamous injunction from corrupt (IMHO) judge James P. Hurley that ordered the shut down of my domains and websites, and the domains and websites of other bloggers.  What was more chilling were the demands in the injunction for Facebook, Yahoo, and Comcast to turn over information about certain John Does.  Apex was demanding the identity of these anonymous Americans based on IP addresses traced from emails, and web activity in the public domain.

The idea of an Indian national like Desi douchebag Sarvesh Kumar Dharayan hunting down American citizens and harassing them with legal action is just so fuckin' outrageous.  In fact, I am so consumed with rage over this maderchod's actions that I refuse to settle with Apex.  Here I am, an immigrant who served this country proudly for six years in the Marine Corps, worked my way through school, became a successful I.T. professional and proud family man, dragged through the legal system by some thugs in Joisey.  WTF?

I mention the settlement because Apex has been wanting to settle this case the minute they filed it.  They wanted me gone, permanently.  If they couldn't kill me, they wanted to silence me forever.

How do I know?

Well,  I wanted my domains back and wanted the other John Does to go on with their lives.  The week following the issuance of the injunction was brutal because I was either online, emailing, or on the phone trying to get a lawyer to fight this case. 

As I said before, I called John Dozier, who has quite the reputation.  He got this reputation by being involved in some internet defamation case where a plaintiff got an $11.3 judgment.  More on that later.

Dozier was kind enough to return my calls.  Sure, I'll take this case, he said.  Just send me $20,000 in cash.  No checks, no credit cards.

Now, I'm not a poor man by any means, but I just don't have that kind of money laying around.  However, Dozier was kind enough to refer me Paul Levy at Public Citizen.  Public Citizen is like EFF or maybe more like the ACLU.  They take cases pro bono if they are precedent setting and fit their agenda.

And trust me, all these organizations that provide pro bono lawyers have an agenda, usually a liberal one.  Few have the guts to get involved in a politically-incorrect rhetorical race riot like this whole H-1B issue has become.  Race riot is the appropriate term for what is going in American companies -- the locals are in a global gladiator pit and forced to do battle daily with massive amounts of cheap guest workers; in my case Indian ones.  Thanks to bodyshops like Apex Technology Group, Indian outsourcers like Infosys, WiPro, and HCL, and collaborators like IBM (Indian Bowel Movement) and that cunt Carly Fiorina, folks like me have to fight constantly with the upper-caste Hindu invaders to put food on the table.  These battles can occur in the workplace and online.  Either way, we Americans are at war with the masses of cheap imported labor, whether we like it or not.

Paul Levy was familiar with my case, but when I told him that he was highly recommended by John Dozier, he was very surprised.  I would find out later that they were long time legal adversaries. 

"Send me your legal filings in the mail.  Not email, but regular mail," he said.

Out-fucking-standing!  Now I had someone to take this case.  I ran over to FedEx at lunch and spent thirty bucks to overnight all the pdf's from the case; the C & D's, the injunctions, all that I had.

What a waste of money!  This guy wouldn't even accept documents in a digital form, so why was I thinking that he would he give a shit about my nasty little case?  He got the docs the next day, read through them and basically told me to fuck off. 

However, one of the documents I didn't have was John Miano's brief and Levy wanted that.  I emailed Miano him and asked for a copy.  When he responded back with a copy of the brief, he had some interesting news:

Patrick Papalia called me today. In return for dismissing the case and restoring the web sites they would like an agreement where the terms are confidential and:

- You agree to remove all postings and links in regard to apex.
- You agreement to post anything on or disparaging to apex.
- You will identify yourself and have your name held in escrow in case you violate the terms of settlement.

They want an answer by 5 PM tomorrow.

Copy of brief filed is attached.

john 

 

To Be Continued...


The more research  I do, the more it seems that Apex Technology Group is a criminal enterprise along the lines of the infamous Vision Systems, and more recently, Peri Software Solutions.  The two cases differ a bit because the case against Vision Systems is criminal, involving and the Peri case is nothing more than a slap on the wrist by the DOL.

There are some strong parallels between Apex Technology Group and Vision Systems:

1.  Both are represented by mob lawyer Patrick Papalia and his firm Herten, Burstein, Sheridan, Cevasco, Bottinelli. 

2.  Both agencies have a history of trying to intimidate and silence people who expose their shady business practices.

But we all know that the Desi bodyshops have for years been sending C & D's to H-1Bs who dare to publicize their bonded contracts, sordid guest houses, fees for visa processing, and other abuses.  This is a pattern that cheerleaders for the H-1B program like Vivek Wadhwa don't want you to know about.  In fact, when the Vision Systems' case broke, Professor Fraudwa mocked the case and trivialized the rule of law in our country.  In an email to a former H-1B that was secretly passed on to me, he sarcastically thought the case was about Mexicans:

From: Vivek Wadhwa <vivek@wadhwa.com>
Subject: [saja-disc] RE: IMMIGRATION/DITN: Feds Bust Nationwide H-1B Visa Scam, report eWeek and others
To: "SAJA DISC" <saja-disc@lists.jrn.columbia.edu>
Date: Sunday, February 15, 2009, 12:10 PM

When I started reading these articles, I thought this was about a "crime ring" importing thousands of illegal workers through underground tunnels in Mexico. Or that these people were distributing drugs. The article says that 11 workers of an mickey-mouse consulting company were working in a location which is different than what they were registered for. The crime? They were paid slightly lower wages! They call this a "Nationwide H-1B Visa Scam."

I wonder what the Punjabi Professor would say about the Peri case, where 163 people are owed $1.45 million in back pay?  We already know what that failed entrepreneur and NASSCOM shill had to say about Apex's legal attack on several Americans like myself; he has no respect for our 1st Amendment and condones legal harassment, censorship, and intimidation, as long as the people doing the attacking are Desis like him and the victims are gora.


tunnel rat posted on February 24, 2010 09:57

For cream pies, that is. 

NJBiz, the employer of Apex Technology Group propagandist Martin C. Daks, is sponsoring an awards dinner.  Daks is the writer that called me "a Web site attacker" in an article where mob lawyer Patrick Papalia made a veiled death threat to me.  Oddly enough, that original article has been pulled from NJBiz, but you can still find it in the Google cache.

Best Places to Work in New Jersey

Join us for an awards dinner honoring New Jersey's Best Places to Work.  The ranking of each company will be revealed during the awards ceremony.
Date: April 22, 2010
Time: 6pm - 9:30pm
Location: Hilton East Brunswick

I wouldn't miss this event for the world!  Just look at the companies that will be honored:

  • Apex Technology Group (enough has been said about them)
  • Patton Boggs, LLP (the notorious lobbying firm hired by ImmigrationVoice.org to help pursue their agenda of ethnically cleansing non-Indians out of I.T.)

To register for this event, please contact Sarah Spangler at 732-246-5713 or sspangler@njbiz.com

Ironically, I was doing some checking on mob lawyer Patrick Papalia, and I found that he has some connection with another notorious Desi bodyshop, Vision System Group, which has been targeted in a federal criminal indictment for visa fraud.  This comment on Desicrunch.com indicates that Papalia was representing Vision Systems:

Not so good things About Vision System Group Inc : Dear Employee, This email is overdue, you shall receive an email with DIAL-IN for a call confirmed on Friday, 04/03/2009 and on Monday, 04/05/2009 between 5:00pm-7:30pm EST; Mr. Patrick Papalia will apprise on the discussion that took place on 03/26/2009. At this outset, the companies will not be impacted. Rest will be addressed in the call. Please be informed that your Payroll checks for period 2/16/2009 to 2/28/2009 will be generated on 04/03/2009. Apologize for the inconvenience and Thanks for your continued support. ADMIN,VISION SYSTEM GROUP

This gumba Patrick is the Alan Dershowitz of bodyshop law!  How fascinating. 

BTW, that is quite the thread on Vision Systems.  It reveals company memos detailing their legal battles and plans to change names and continue doing business as usual.  I suspect that Apex Technology Group will be doing the same.

Finally, I've found that Patrick Papalia's firm, Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, has a habit of giving job offers to soon-to-be retired judges:

Herten's job offer came in the final chapter of a contentious, three-year dispute between Cupo and Denike, founders of a mortgage company who decided to go their separate ways.

According to court papers, Escala issued a final decision in the underlying case on Jan. 23, 2006, ordering Denike to pay Cupo the $731,682. The next day, Herten visited the judge's chambers, inquired about his retirement plans and asked whether he would consider joining Herten Berstein in some capacity. Escala outlined the type of firm relationship he was contemplating. Herten discussed the proposed relationship with his partners on Jan. 25 and told Escala they would need a few days to analyze it.

Could corrupt (IMHO) Judge James P. Hurley be on his way to working for Papalia's firm?  It is not surprising that he ruled in favor of Papalia's client AS HE WAS WALKING OUT THE FUCKIN' DOOR.


When you get your sites shut down and find a court injunction in your inbox the day before Christmas Eve, there is not much you can do.  Everything about this legal assault by Apex was like a mob hit.  Originally, a Judge Pincus was supposed to hear the case.  Then, at the last minute, I got word that the case would be heard by soon-to-be retired judge James. P. Hurley.  What could me more convenient?  Do we really think a judge with one foot out the door, with a mere two months left on bench, gives a shit about the finer details of an online pissing contest?  Especially if it is presented in an 88-page pile of feces written by a second-rate lawyer? 

Of course not.  That is why Patrick Papalia maneuvered to get corrupt (IMHO) judge James P. Hurley to hear Apex's bogus case.  And I mean bogus.

I don't think the complaint ever existed.  It was fabricated by Papalia in order to trick a senile and corrupt (IMHO) judge James P. Hurley into signing a sweeping injunction.  For that, he should be disbarred.

Plus, a back room deal was probably made to have the judge issue his temporary and preliminary injunction on the eve of a major holiday.  Once gumba attorney Patrick Papalia found out that John Miano was off the case, he swung for the fences.  He revised the order ex post facto, and tacked on anybody that had recently pissed off Sarvesh Kumar Dharayan, especially Americans that had been reporting his criminal enterprise to the feds.  One of the John Does named in the case was thrown in to the mix merely because he CC'd Apex and Papalia with his emails to federal agencies about Apex's racket.

Word to the wise -- when you report these Desi douchebags to the feds, keep it on the down low.  Many of them are in bed with DOL agents and USCIS folks in New Jersey; that is how the corruption flourishes.  When I reported Apex to the DOL office of Patrick Reilly, the agent I spoke to knew nothing about the recent USCIS memo that made Apex Technology Group's activities illegal, and in a rather rude manner, basically told me to fuck off.

Anyway, it wasn't until the next week that I was able contact some lawyers.  I had already been talking to Eva, the intake person at EFF, and she told me to call them back if I ever did get a takedown order; so EFF was the first place I called.  She was very helpful, but no dice; they just didn't have the bandwidth.  At the time EFF was helping a blogger fight the TSA.  Paul Levy at Public Citizen was someone else I had reached out to, so I emailed him again. 

But things got real interesting when I did a Google search for "internet lawyer" and found John Dozier at the top of the results.  That guy had some out-fuckin-standing SEO.

I made the call.

 

To be continued...


After the first hearing in front of now-retired judge James P. Hurley, I wasn't too worried.  The 88-page pile of birdcage liner that Mr. Patrick Papalia submitted was full of so many inconsistencies, ambiguities, and outright gibberish, I felt that there was no way that a judge with an IQ above room temperature would take it seriously. 

Apex was asking for damages related to slumdogs that refused to work for them after reading what was posted on my blog.  Considering the fact that Mr. Pankaj Jain had been spreading word about the illegal Apex Employment agreement months before the insurgency ever got hold of it, it is hard to be believe that my obscure websites were causing them all these problem.  Apex Technology Group just had a bad reputation, period.

As the Dec. 23rd, 2009 date of the next hearing approached, I kicked back and decided to fuck with the feeble brain of Sarvesh Kumar Dharayan.  I enlisted another blogger in the Insurgency to pen a little poem, just to let Sarvesh and his mob lawyer Patrick Papalia know that just because I wasn't opposing their inept order, I fully expected it to be thrown out of court.  You can read the little ditty here

Man, did that fat madarchod get pissed when I was mocking his pathetic little attempt at Indian-style intimidation!  Every time one of my lawyers deals with Patrick Papalia the Guido Lawyer, the gumba brings up the issue of this silly little poem posted on fringes of the internet.  That, and the death threats Sarvesh was getting.  For the record, I don't know anything about death threats made to Sarvesh Kumar Dharayan.  I may be crazy, but I'm not fuckin' stupid.  Sarvesh has a lot of enemies, and I predict Karma will issue him some serious retribution soon.

On the afternoon of Dec. 23rd, 2009 I called the court clerk that handled the suspected alcoholic, maybe senile judge James. P. Hurley's cases.  I gave her the docket number, and she said that there has been no response from the judge.  It was the day before Christmas Eve.  I didn't expect anything, except for the case to be dismissed.

I was wrong.  My domains were shut down within 24 hours after Patrick Papalia, mob lawyer, sent an injunction to my ITGrunt email.  This order now involved all sorts of people, bloggers, emailers, FUCKIN' AMERICANS, for Christ's sake, that had nothing to do with me.  If you are reading this, there is a good chance you too will get an injunction from Sarvesh Kumar Dharayan (Tu Madarchod saala).  That deviant Desi is even suing Eric Holder and Janet Napolitano. 

I gotta admit, the whole thing did sort of fuck up my holidays. 

To Be Continued....


Much has been written about the legal intimidation executed by Apex Technology Group and their Desi Douchebag executive Sarvesh Kumar Dharayan, who lives at 2703 Merrywood Dr. in the greatest slumdog kennel in the United States, Edison, New Jersey.  You can find all the links in the media about Apex's attempt to impose Indian-style justice upon me and others here.  Trust me, no one would have ever heard about this scumbag (IMHO) if I would have complied with his Cease and Desist Order that (alleged) mob lawyer Patrick Papalia sent me.

So when I got a threatening letter from that gumba Papalia, I was tempted to remove all the Apex posts on my site.  But I contacted some of the other insurgents.  One of them, a prominent public advocate for the cause, asked me this:

"If you take down the comment, won't they win?"

And yes, I thought, they would have won.  So I refused, knowing that I was going to risk a nasty lawsuit, invasion of my privacy, and possible violence at the hands of fat-fuck Sarvesh and his thug lawyer Patrick Papalia.

But I was prepared for that chance.  I had formed a LLC to protect my assets a long time ago, and knew that any damages awarded in defamation case where I was a defendant would never be collected.  With my financial house in order, I prepared for the inevitable -- a legal action by a sociopath slumdog bodyshopper and his sadistic guido lawyer.

The first thing I did was reach out to John Miano, founder of Programmer's Guild and resident of New Jersey, which was convenient.  Almost immediately, he started putting together a brief to challenge Apex's first Order to Show Cause.  This order, delivered to the court on Dec. 3rd, 2009, was an 88 page piece of crap that one lawyer I talked to called "the work of a novice attorney" aka, Patrick Papalia.  It had screen shots from various web sites, emails, and much of it was duplicated, redundant, and incoherent.  I could just see Mr. Papalia at a place like the Bada-Bing, snorting blow, fingering a titty dancer, and compiling this "order" via his BlackBerry.  Of course, I cannot prove as a fact that Mr. Papalia was doing cocaine and indulging himself at a titty bar when he wrote this "order" but that is just my opinion.

Others in the insurgency warned me to run away and hide.  That is the problem with techies that have been marginalized and denigrated -- they become castrated wimps. 

"You can lose everything, even end up in jail!"

Yeah, right.  The only thing I could end up in jail for was driving to New Jersey and waiting outside of 2703 Merrywood Dr. with a handgun in my possession, and I was not that stupid.

So on Dec 11th, John Miano shows up and challenges the injunction filed by Apex and their novice lawyer.  I called him that evening.

Me: "Hey John, thanks for all your help.  How did it go?"

John: "Well, the judge rejected the jurisdiction argument."

Me: "And...?"

John: "He had issues with the order and will hear the case again on December 23rd."

Me: "What da' fuck does that mean?"

John: "He's not dismissing the case and wants the plaintiffs to clear up some of the details in their motion. And he said that he will not allow a special appearence by any other defense counsel."

Me: "What da' fuck does that mean?" [I ask my lawyers that question frequently]

John:  "If I show up on the 23rd, I am your attorney for the whole case."

Me: "What case?  I thought this was about me removing some crap on my website."

John: "No, there is a lawsuit connected to this injuction, a defamation lawsuit.  And I'd have to represent you in that."

Me: "So I probably need to fire you, correct?"

John: "Yes, and let the case go unoposed."

Me; "Ok.  What else did you find out?"

John: "Well, I heard them say that they know who the guy is that is posting the details about that contract, and they can get him."

Me: "Get him?"

John: "Yes."

Me: "Ok.  So what?  All they want is for me to stop sending emails via my newsletter, and turn over logs, which I don't have. Big fuckin' deal."

John: "And the judge said that you should remove those posts."

Me: "Fuck that.  So I guess you and me are done here?"

John:  "Yes.  Send me an email stating that you do not want me to represent you anymore."

Me: "Cool.  Thanks."

Miano's a nice guy and all, but I didn't think he was interested in wading into this shit storm.  He was essentially doing me a favor.  I am sure Apex was shocked to see someone actually fight them in court; up until now they had only mugged obscure websites catering to the slumdog H-1B community and the occasional guest worker that had dared to cross Desi Douchebag Sarvesh by trying to switch bodyshops.  And I think Sarvesh was the kind of thug that would threaten the families back in India of any H-1B that got out of line.

Their demand for injuctive relief was rather benign.  I could stop sending emails, and as far as helping them "get" Mr. Pankaj Jain, I had no logs to turn over.  And, after reading the utter crap presented by mob lawyer Patrick Papalia, I assumed that on December 23rd, the case would be thrown out of court.

So I waited, and blogged about the case, spreading the word to the insurgents.  For now, it was a tiny skirmish in an internet backwater.

To be continued...

 


tunnel rat posted on February 21, 2010 18:25

One of the insurgents forwarded me this obviousy bogus email, but it does seem rather interesting.  Maybe Pankaj Jain is working another angle?  But it refers to "Apex Technology Systems", not Apex Technology Group. And why the reference to the Atlanta Processing Center?

Apex Extortion Attempt Reported to New Jersey Attorney General - Referral #66
Thursday, February 18, 2010 8:58 AM
From:
"Dombrowski, Joseph"

You recent email to the NJ Department of Criminal Justice concerning allegations with the H-1B visa program by employer Apex Technology Systems, Inc. has been referred to me for a response.

Investigation of fraud in foreign labor certification programs is a federal matter and not something investigated by the NJ Department of Labor and Workforce Development. For your convenience, I have provided contact information for several federal agencies with responsibilities in these matters:


Secretary Janet Napolitano
Department of Homeland Security
500 12th St., SW
Washington, DC 20536

Department of Justice
Civil Rights Division
Office of Special Counsel for Unfair Immigration Related Employment Practices
950 Pennsylvania Ave., NW
Washington, DC 20530

William L. Carlson, Ph.D.
National Certifying Officer
Employment and Training Administration
Atlanta Processing Center
Harris Tower
233 Peachtree St., Suite 410
Atlanta, GA 30303

Upon notification of your information, the above agencies may conduct and investigation of this matter.

Sincerely,

Joseph Dombrowski
Acting Assistant Director
Employer Services
NJ Department of Labor and Workforce Development

I think what we are seeing is a full scale revolt by the H-1Bs against the slumdog slave traders.  It is starting to resemble Sparticus in the global gladiator pit, with everybody turning on the collaborators and bodyshops.

THERE WILL BE RETRIBUTION


Posted in:   Tags:

Many of you know that the whole Apex Technology Group fiasco started when an anonymous person cross posted a comment on www.endh1b.com.  That comment, which was originally posted on Desicrunch, referred to an employment agreement that at one time was on docstoc.com:

Fraud,cheating,lies and legal agreement @ Apex Technology Group Inc www.apextgi.com This information is being mailed to you as a reply to your post regarding fraud @ Apex Technology Group Inc (http://www.apextgi.com/ ). Please find the employment agreement letter http://www.docstoc.com/docs/10702214/agreement, which I received after I started working for Apex at a client location. None of the terms were part of the initial agreement between me and Apex Technology Group Inc. I would like to take this opportunity to highlight several aspect''s of the 9 page legal agreement which might be important for you. For example: 30 day termination notice or forget your last paycheck when you quit, If you join a company (including any level between you and Apex) then pay $35000 or face a law suit, $9000 for legal,training and guest services when you quit. $35000 if you quit in between a contract...etc. The legalities of the agreement are convoluted,complex and can/will be used against you if you displease Apex technology Group Inc. So once you sign that document you are at the mercy of the employer and much worse than a bonded labour in India. Apart from above, employees don''t receive their salary at the end of the month. It is usually received @ a random date in the following month, provided you are lucky. Else you would have to chase HR/Accounting to get your pay check. This process helps Apex technology group inc to hold back pay incase you choose to accept employment at another location. The most important aspect of your transaction''s with Apex Technology Group Inc is that they tell you one thing before you transfer your H1B to their consulting firm and then later do not stick to what they say(aka lies & cheating). In other words once you file/transfer your H1B to them you more or less become their slave and you will get entangled in thier web of lies and legal documents. They run the company, they are very unprofessional and treat employees w

 Review Submitted on : 06/09/2009

 http://www.desicrunch.com/DisplayReviews.aspx?company=Apex_Technology_Systems,_Inc

It is my belief that at one time this employment agreement which was an illegal bonded contract, existed on docstat.com.  There were references to it on the internet going back to Sept. 5, 2009.  That is why Apex has no basis for a defamation suit, at least for damages -- they were damaged long before endh1b.com came along. 

I have reason to believe that this contract does exist in some form, and my lawyer John Miano mentioned that when he appeared in the first hearing before corrupt (IMHO) judge James P. Hurley, Apex's Sarvesh Kumar Dharayan and his mob lawyer Patrick Papalia were whispering something about "getting" the H-1B that was posting the details about this illegal contract.  This H-1B posted with a name of "Mr. Pankaj Jain" which is a fairly common Indian name.  Googling for "Pankaj Jain Apex Technology Group" got me this result from LinkedIn:   http://www.linkedin.com/in/pankajkumarjain.

According Pankaj Jain's profile, he has worked at "Apex Technology" from August 2007 to present.  It also shows him working at Dow Jones Newswires from 2008 to present.  Could this be the same "Apex Technology Group"?  Well, checking on Apex Technology Group's website, their rather illustrious client list shows "Dow Jones", (along with many companies that received TARP money and illegally used H-1Bs by contracting with Apex), so I can safely assume that it is the same Apex.

Could this be the same Pankaj Jain?  He obviously couldn't be still employed by Apex, or he wouldn't be able to post the details about the illegal contract on line.  He has a website, www.a2zdotnet.com, listed on his LinkedIn page.  But when I went to that site, that last trace of Pankaj Jain was on 9/30/2008, when he posted some articles related to .NET programming.

There the trail runs cold. 

What happened to Mr. Jain?  Did Sarvesh Kumar Dharayan and mob lawyer Patrick Papalia "get" him?  Kill him?  I personally think that he fled to India. 

My guess is that Mr. Jain was a competent .NET developer, judging by the articles he posted on a2zdotnet.com.  After working for a Apex, he probably could write his own ticket, and wanted to move on.  But there was one thing in has way.

THE ILLEGAL APEX TECHNOLOGY GROUP EMPLOYMENT AGREEMENT.

I suspect that Mr. Jain tried to jump to another Desi bodyshop or H-1B sponsor, and then Sarvish waved the contract in his face.  Mr. Jain retaliated the only way possible -- by publicizing the illegal contract that almost all Desi bodyshops make their slumdogs sign. 

Now, why do I know that this contract even existed?  Because Sarvesh Kumar Dharayan, posing as "Shawn Gibson" sent me an Hinglish email stating that I was violating some sort of copyright:

Subject: FWD: Re: NOTICE TO REMOVE TH ARTICLE RELATED TO APEX TECHNOLOGY GROUP [Endh1b.com@domainsbyproxy.com]
Importance: High

Dear Sir or Madam;

On 11/23/2009 Apex Technology Group, Inc.  came to an attention about your website www.endh1b.com which provided artificial and untruthful statement to the public which can’t even confirmed by this specific individuals who claim himself as Mr. Pankaj Jain and is defaming Apex Technology Group reputation in many other websites which are currently cooperating with our Attorney. I would like to bring this to you attention that our Attorney has went forward with legal proceedings against this culprit. As per you if owner is not responsible for the information posted on this website has full right to remove the article requested by Apex TGI.

I am disappointed because your services didn’t  check the authenticity of the person who posted our legal document which has defamed our Apex Technology Group’s image and could lead to heavy losses to the revenue which has reputation and been in the business since 2001. To further minimizing the damage to Apex Technology Group’s reputation I purpose you remove the article linked to your website. I further request you to provide us the contact details of the individual who posted this legal agreement without permission since we are the copyright owner of the legal document. We request that you investigate the substance of our complaint, and provide us with the contact details of the individual in fault, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability, as suggested in your website, if these allegation are found valid. Please respond to us in writing.

To resolve the problem I would appreciate and require you to take the action to remove the link attached below:

http://endh1b.com/Web/blogs/endh1b/archive/2009/11/19/indentured-servitude-is-part-of-the-business-model.aspx

I look forward to hearing from you and to a resolution of this problem. I will wait till 12/04/2009 before arranging for the matter to be removed from your website by a third party (Company’s Attorney) at your cost or seeking help from Consumer Protection Agency. Please feel free to reach me for any further inquiries at the contact information below.

 Thanks and Regards

 Shawn Gibson

So this sociopath scumbag Sarvesh Kumar Dharayan poses as an Anglo and demands that endh1b.com remove a post about their "legal document", proving that such a document did exist.  The email implies that Sarvesh had hunted down "the culprit" who I assume was Mr. Jain, but at this point I think they were still looking for him.  But Sarvesh really does not want this document to show up anywhere. 

I found another cease and desist order online issued by Sarvesh and another New Jersey law firm ordering the same sort of takedown, but I can't seem to dig that up.  Our little Desi douchebag has a habit of intimidating websites that expose his activities.  He is even suing the United States Attorney General and others because they won't give him unlimited visas.  His worst fuckin' nightmare is this contract getting out there on the internet and other places.

Especially in court.  This would all come up in discovery at the beginning of any lawsuit, which is the last thing Apex wants.  That is why they have been trying to settle from day one -- they want all mention of that damn contract gone.  Hell, every other site that they threatened caved in, now this fuckin' gori won't shut up!  I can just see Sarvesh crying to Papalia, whining in Hinglish "ged im, i wan him gone, dis maderchod tunnel rat."

Now because of some contributions (thanks to the many doners!) and the liquidation of my IRA account, I have some cash to throw around.  That is how I pay for all these fuckin' lawyers.  I now am offering $5,000 to any former Apex Technology Group employee that can provide an authentic copy of the employment agreement that Mr. Jain wrote about.  And by authentic, I mean something notarized by the document holder with signatures of Apex Technology Group executives like Sarvesh Kumar Dharayan.  We can work out the logistics of exchanging funds and documents, but I think 5K is a big chunk of change to any H-1B.  Apex Technology Group  is fairly large bodyshop, so there must be someone back in India or someone here in the United States that escaped their clutches.  Better yet, if Mr. Jain can come forward, that would be even better.

Unless his is dead.  I wouldn't put it past Sarvesh and Patrick Papalia.  Papalia is running around telling people that Apex wants "to permanently prevent the poster from continuing to defame Apex."  Now what is more permanent than death? 

I mean there really is now way to "permanently" prevent someone from defaming you, is there?  If he doesn't give a shit, he'll declare bankruptcy and spend the rest of his life defaming you.  Maybe you can get a judge to hold someone in contempt of court and throw them in jail, but that would make a martyr out of him.  So you are left with one option -- kill the guy.  I see Patrick Papalia's statement as a veiled death threat, and if anything ever happens to me or my family, he and Sarvesh Kumar Dharayan would be the first suspects. 

So poor fat fuck Sarvesh and gumba lawyer Papalia are in a bind.  They know coming after me in a court of law would put my life in jeopardy.  And there is a good chance that some sick slumdog, newly fired and facing deportation, would snap and try to burn my house down, just like they do in India.  And if they did plan to take a hit out on me, using one of Patrick's guido thugs, there is this long record of on the internet detailing all the pathetic attempts by Apex to "get" people.  They should just change to another DBA, go away, and try to keep running their exploitive bodyshop under another name.

Something like "Kumar's Curry Den". 


tunnel rat posted on February 20, 2010 12:03

A while back, I wrote a post called "The Hunt For The Disobedient White Male Programmer" where I joked about how the slumdogs were obsessed with revealing my identity.  Now, I don't kid myself; I am sure some curry-scented scumbag would love to hunt me down, and, ah, I don't know, slap me in the face, or, uh, call me names, or something like that. 

But this whole Apex case really has me a little upset.  Here is a Indian national, Sarvesh Kumar Dharayan, head of Apex Technology Group, going out of his way to have his mob (not a confirmed fact, just my opinion) lawyer , Patrick Papalia convince a corrupt (IMHO) judge on the verge of retirement to issue an order to my hosting company DiscountASP and my domain registrar GoDaddy to turn over my personal info so that he can take out a hit on me.  You can read the order here.

BTW, I think Mr. Papalia bears a striking resemblance to the Jordanian CIA double agent who blew himself and seven CIA officers up in Afghanistan.  A "separated at birth" kinda thing, don't ya' think?

 

That's our friend Patrick on the right, and what I believe is his long-lost brother, Humam Khalil Mohammed, on the left.

Mr. Papalia is a somewhat strange gumba (IMHO) who works for a rather notorious law firm, Herten, Burnstein, Sheridan, Cevasco, Bottinelli, Litt, & Harz, L.L.C.   I say strange because one of my many lawyers told me about an incident where Patrick was opposing counselor in an immigration fraud case, and he went all ghetto on a federal prosecutor, throwing around words like "fuck" and "asshole" in court.  Many of the people that I've talked to about the Apex case know about his firm, even the Dept. Of Labor guy who handled the W-H4 complaint I filed against Apex Technology Group.

(Don't worry, Sarvesh, Mr. Pat Reilly, District Director, Southern New Jersey District Office, U.S. Dept. of Labor, ESA Wage and Hour Division, wrote me a nice letter indicating that he couldn't give a shit less about any of the alleged labor violations going on at Apex, and besides, he probably liked the "gifts" you were giving him so that he would look the other way while you allegedly warehoused slumdogs and forced them to work under bonded contracts.  This was after I informed him that sponsoring H-1Bs to work at client sites was now illegal.)

So this fuckin' guido, Patrick Papalia, was not content to shut down numerous domains and harass many Americans at the behest of his Desi douchebag client Sarvesh Kumar Dharayan.  In typical gumba fashion, he fucked up the original injunction signed by the corrupt (IMHO), maybe senile, possibly alcoholic judge (IMHO) James P. Hurley  and forgot to order my ISP and GoDaddy to turn over my private information so that Sarvish could pass it on to his hit squad of slumdog assassins.  You can read the original injunction here, and you will see that the only party that had to supply personal info was Comcast. Well, technically, Facebook and Yahoo also, but California-based companies generally ignore bogus orders from bribe-taking (so I hear) judges in New Jersey.

Why Comcast, you may ask.  Well, slumdog slave trader (IMHO) Sarvesh Kumar Dharayan, got a terse email from another insurgent, and in the email header it had a Comcast IP address.  Sarvesh told Patrick to go after Comcast, thinking that the guy who sent the email was me.  He also went after the guy who runs GuestWorkerFraud.com, thinking that was my site also.  In short, this stupid Indian demonstrated the typical slumdog mentality that is void of logic and reasoning -- he thought ONE GUY WAS BEHIND ALL OF THE NEGATIVE WEB POSTINGS. 

Trust me, Sarvesh and Apex Technology Group was in deep shit long before the insurgency got hold of his fat Desi ass and destroyed his now-illegal (I'll explain later) slave trade (IMHO) business.  His victims have been posting stories about his illegal bonded contracts since at least September of 2009.

Now without going into a manifesto ala Joe Stark, aka American Patriot Pilot (we'll miss you, Joe),  I'll try break it down for you folks, especially the Indian readers, many of who suffer from reading disabilities:

1.  Dec. 23, 2009 -  Apex Technology Group gets a judge to shut down my domains, but does not ask that my domain registrar or hosting company turnover my private data.  Instead, the order demands that Comcast reveal the identity of an innocent American who did nothing more than send an email to Apex.  

2.  Dec. 28, 2009 - Apex Technology Group contacts my lawyer with an offer to settle. 

3.  Jan. 4, 2010 - Martin C. Daks reports that Apex is not seeking damages, but instead, according to mob lawyer Papalia, "we want to permanently prevent the poster from continuing to defame Apex.”  Permanently, as in "we want to have a Mafia hitman kill him so that Apex pays me a big chunk of change."  At least that is how I interpreted it.

4.  Jan. 7, 2010 - Comcast complies and violates the privacy of an innocent insurgent who sent an email.  Said insurgent buys a small handgun.

5.  Feb. 5, 2010 - Jersey Boy Patrick Papalia, realizing that Comcast turned over the identity of someone other than Tunnel Rat, pen-fucks a new injunction and gets the corrupt (allegedly) judge James P. Hurley to sign it ON HIS LAST DAY IN OFFICE.

6.  Feb. 18th, 2010 - I get this email from GoDaddy:

This email is to inform you that we have received a properly formatted subpoena for documents in the following civil action: Apex Technology Group, Inc. v John Does issued by the Middlesex County, New Jersey Superior Court, Docket No. MID-007879-09.  Our response to this subpoena may require us to disclose some of your personally identifiable information.  Therefore, we are providing this notice as a courtesy to give you an opportunity to object to the subpoena.  The only way to object to a properly filed subpoena is by filing an objection with the court in which the matter is pending.  If we do not receive an objection notice within 3 business days indicating that you have filed an objection, we will continue with producing the documents requested and charge your account according to our registration agreement.

 

In order to obtain further information related to the pending litigation or a copy of the subpoena, you may contact counsel for the requesting party as follows:

 

Patrick Papalia, Esq.

Herten Burnstein

21 Main St., Suite 353

Court Plaza South – West Wing

Hackensack, NJ 07601

201.498.5804 Telephone

 

Sincerely,

 

C. Lovetro

Compliance Specialist

(480)624-2546 Facsimile

That's correct -- I had THREE FUCKIN' BUSINESS DAYS to find a lawyer on the other side of the country, have him write up a motion, and show up in Middlesex County Superior Court to quash the subpoena.  For two weeks, GoDaddy sat on this bogus order.   And by bogus, I mean absolutely FABCRICATED BY PATRICK PAPALIA.  There is no case in Middlesex Superior Court with that docket number.  My attorney's staff has been trying to find the complaint related to the original injunction FOR WEEKS.  They have nothing.  I called the court clerk and the court ombudsman on Friday, and they have no record of a case with docket number MID-007879-09.  So that means that Apex, after getting a shitload of death threats (according to my lawyer John Dozier, who got that info from Mr. Papalia), dropped the case and ran away.  I am sure the media attention they were getting didn't help matters.  Since the defamation case blew up in their face, they had no recourse but to take matters into their own hands -- BY KILLING ME.

Well, a man's  gotta do what a man's gotta do.  I loaded up the pickup, stopped to get more 9mm ammo, picked up a black market Tec-9 from an MS-13 gangsta' in Santa Ana, and started heading for New Jersey to meet with Mr. Papalia and the folks at Apex Technology Group.

 

I made that last part up.

Anyway, this is serious shit.  How did I get here?  We'll, I'll be posting all the sordid details of the Apex case in the next few days.  This will include, amongst other things,  the absurd settlement offer from Apex Technology Group.  All also be discussing my engagement with noted internet lawyer, John Dozier, who I retained to handle negotions in the case.  In addition, I'll keep you posted on the efforts of my Jew lawyer in New York to quash this virtual death warrant.  Finally, I'll bring everybody up to speed on my dealing with the Joint Terrorism Task Force, the FBI, and the Department of Justice.

But before I disgorge all these juicy details, I need to raise some funds.  You folks need to buy a coffee cup or make a donation.  These fuckin' Jew lawyers ain't cheap.  Once I get $100 in donations, I'll start posting more info. 

OVER. OUT.

 



- Vineet Nayar, CEO, HCL Technologies

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The thoughts expressed on this blog may or may not be the author's own and are protected by the 1st Amendment. Any attempt to reveal his identity by contacting a slumdog hack at Google, or a corrupt Desi sys-admin at his ISP will be dealt with promptly and severely. Civil and criminal penalties may apply if one is found to have used private information in an attempt to get the author fired at the Hindu-only I.T. ghetto he currently works at. In addition, any Desi who attempts to burn the author's house down because they are enraged over his writing will be prosecuted to the fullest extent of the law. This isn't India.

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