Electronics Engineer David Christopher Mackensen, states in an affidavit Within the first month or two of my employment with iHearSafe, I observed Mr. Finlay inappropriately touch Ms. Ingemi. I saw him purposefully press his body against hers. I also saw him touch her breast. I witnessed the sexual assault on more than one occasion. I also observed pornographic magazines in the multiple mens bathrooms at the iHearSafe, LLC and the Hillcrest office. I found this particularly troubling because several employees brought their children to the office frequently and their children had frequented the mens bathrooms (including Mr. Finlays children). I was also personally offended by the presence these materials in the workplace. There was no sexual harassment policy in place at iHearSafe or Hillcrest Management, LLC that I was made aware of. I was also never informed of whom I was to report such an issue to. I felt I could not go to Mr. Finlay, as he was the offender. I was and still am hesitant to come forward with this information for fear of retaliation from Mr. Finlay and the rest of Hillcrest.
When Christine Ingemi, a mother of two autistic children, noticed that her kids were listening to their MP3 players too loud she realized that it could not be good for their hearing. The fact that two of her kids, being autistic, were not able to verbalize that the music was too loud and hurting their ears magnified the problem. So she invented a safe volume headphone and earbuds that limits the volume at 85 decibels, the safe listening level determined by ASHA, no matter how much the volume is turned up on any audio device including mp3 players, stereos, video games, computers, tv's etc thus preventing noise induced hearing loss.
With thousands sold via internet and a licensing deal of 100,000 units Ingemi was able to show in a very short time that she had a wonderful idea and a very viable and useful product. Not surprisingly, Ingemi and her product started to gain recognition and she had been featured on many news casts regarding her invention including ABC News, NECN, and WMUR to name a few. She was on national television shows including several appearances on CNBC's The Big Idea with Donny Deutsch. She had received several awards including a Finalist in Modern Marvels Invent Now Challenge seen on The History Channel whose judges included Steve Wozniak (Woz) co-founder of Apple Computer, Inc, and a Pogie Award from tech guru David Pogue. Ingemi and her invention were also featured in the Boston Globe, Boston Herald, Nashua Telegraph, Union Leader, The New York Times, USA Today, Parenting Magazine, New Hampshire Business Magazine amongst others. Ingemi also received a Commendation from NH Governor John Lynch for her invention.
All this recognition led to Ingemi keynote speaking for Women's Business Conventions and Invention Conventions across the country sharing with others the information she had learned on how to turn an idea into a product.
She had interested buyers that she was speaking with to place her product in the big retail stores including Walmart, Target and Radio Shack. Ingemi only lacked funding to manufacture the large volume that the big retail stores would require.
Ingemi had several interested investors. One in particular was Rob Finlay of Peterborough, NH.
Ingemi made clear to interested investors "my hopes are to fund Autism Research through the proceeds from sales of the product."
In court documents Ingemi claims Hillcrest and Finlay enticed her to enter a Asset Purchase Agreement (the APA) and Employment Contract with the entity they created, iHearSafe, LLC, maintaining that they had the resources, expertise and interest in the Product to market it, capitalize it and make money, yet the entity the investor created, iHearSafe, LLC, reports on their website they are not accepting orders and have recalled their product over a year ago.
According to court documents shortly after her employment began, Ingemi alleges Finlay repeatedly made sexual advances and she rejected his unwanted touching. On one occasion, Finlay flew Ingemi in his private plane to New York to meet with The Dilenschneider Group, Inc. and his business associate Robert Dilenshneider. Ingemi alleges that Finlay made sexual advances towards her on this business trip.
Court documents show Ingemi alleges that Finlay stated to her that he would not sell the product and in fact would destroy the product, sue her, and keep her company if she would not comply with his sexual advances. Ingemi claims because she did not comply with his sexual advances he followed through on his threats, disregarding her objective to fund autism research through the sales of the product as well as obstructing a viable product that would benefit all children.
It is documented in Ms. Ingemis personnel file from iHearSafe that there was a private investigator reporting to Hillcrest and iHearSafe about entering Ingemis property where she resides months after her termination. Ms. Ingemi has stated she is concerned for herself and family as she feels threatened by this odd and extreme action.
Ingemi was sued by iHearSafe, LLC on April 24th, 2009 for Breach of Contract. Managing Partner of Hillcrest Management Dan Monfried signed the Verified Complaint with a motion to attach $ 150,000.00 of Ingemi's money.
Ingemi's Counterclaims and Crossclaims to iHearSafe, LLC and Third Party Hillcrest Management, Robert Finlay include, Fraud, Breach of Contract, Specific Performance, Intentional Misrepresentation, Negligent Misrepresentation, Breach of Implied Duty of Good Faith and Fair Dealing, Wrongful Discharge, Assault, Promissory Estopple, Equitable Estoppel according to court records.
Court records show Ingemi's Motion to add Third Party Hillcrest Management and Robert Finlay was granted.
Daniel M. Monfried along with Robert J. Finlay was reported as the Managing Partners of Hillcrest Managment, LLC at 29 Armory Road, Milford, NH on their website. They listed iHearSafe, LLC as a Hillcrest Management portfolio company.
Hillcrest Management, LLC changed their name to R.J. Finlay & Co., Inc. in the middle of litigation after Hilllcrest had been motioned in. R.J. Finlay & Co., Inc. f/k/a Hillcrest Management, LLC has now been motioned into the case as well according to court records.
Court documents show under the APA Ingemi was to make three million dollars beyond an initial payout of $ 850,000 and another $ 150,000.00 to be held in a separate account. Ingemi was also under an employment contract that provided a two year employment. Ingemi claims the only way she could be terminated without forfeiture and extreme penalty was if she died, or if she was fired for no cause. If she was fired for cause the APA provided that she would then suffer loss of income, employment, further payment of the three million, and repayment of an unreasonable pro-rata amount thereof of the initial payout and loss of her assets of her company.
Court documents show Ingemi claims they had discretion over whether and when Ingemi could earn her three million. It is alleged that they now have sabotaged the product by recall, they took down the offices and they attempt to fool the Court that they can do so without the barest attempts to fulfill their duties to Ingemi.
The Lawyer representing Rob Finlay, Attorney Kevin Fitzgerald of Nixon Peabody, has publicly stated in The Nashua Telegraph that Christine Ingemis claims are completely false, baseless claims... cooked up to try and extort money from my client. Interestingly, no extortion charges have ever been filed against Ms. Ingemi. Attorney Fitzgerald also states in the same article To put it bluntly, the series of claims by Christine Ingemi are patently false. Theres zero corroborating evidence for any of it. The evidence of a witness to sexual assault
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