April 3, 2012
NCI Building Systems, Inc.
(NYSE: NCS) has won a
civil court judgment against
Kelly R. Ginn
, NCI's former executive vice president and current executive at Green Span Profiles. A
jury found that Mr. Ginn committed fraud, breached his fiduciary duty, and was unjustly enriched.
The judgment was signed in February by Judge
Mike D. Miller
of the 11th Civil District Court in
jury verdict in the same court. The total judgment amount is based on the return of all benefits that Mr. Ginn received, plus interest, from NCI under a retirement agreement that jurors found was procured by fraud.
NCI, one of the world's leading manufacturers of metal construction components, filed the lawsuit after Mr. Ginn started a competing business in violation of his retirement agreement. After suit was filed, NCI discovered that Mr. Ginn also took massive amounts of internal company documents without permission and with no intention of using them for the company's benefit. Mr. Ginn is the son of NCI's former Chairman and CEO and worked at the company for 23 years. Mr. Ginn is now president and CEO of Green Span, a joint venture with McElroy Metals.
"We are happy to see NCI vindicated. The jury came back in only five hours after hearing three weeks of complicated testimony," says attorney
Rusty Hardin & Associates LLP
, lead counsel for NCI. "The evidence showed what happened here, and the jury made the right decision."
During trial, jurors heard evidence that Mr. Ginn copied more than 370,000 company documents, some of which were alleged to have been used in Mr. Ginn's new competing start-up business, Green Span Profiles. Those documents, if stacked, would have reached a height of 123 feet, or 81 percent of the height of the Statue of Liberty, jurors learned.