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  • Writer's pictureCharles Hinckley

NY Post, etc.

Updated: Mar 14

Regarding the NY Post article in September 2020, here is a 2023 update:


It has been over THREE YEARS now since this litigation was withdrawn.


I terminated the woman involved and the story regarding me was created for the purpose of manufacturing or enhancing an employment dispute. Fortunately the story was so unbelievable it did not bridge to the physical evidence and the independent investigation found the story "not plausible" partially do to physical evidence that exonerated me..


Specifically, what happened regarding me:


Largely due of the COVID shutting of the firm's NYC office, I terminated the woman who was in an administrative role, and as her termination date became near two months later, this fabricated story emerged. There was an independent investigation to the matter which concluded that the claims against me were “not plausible” and my version of events “credible”. The report was over 200 pages, and quite conclusive and written by a well-qualified lawyer who specializes in these workplace investigations.


The litigation was then dropped in the early days before depositions even - now over three years ago.


When I left the firm, it was a normal not for cause termination, and I got fully paid everything I was owed. This was not controversial, and I never had any dispute with the firm.


This matter is long over: There is no pending litigation or arbitration of any kind in any forum between any of the parties - the firm, the woman, any firm managment, etc.


There is just no shade of grey. Fired employee, retaliatory claims made, fully investigated, litigation dropped, I personally received the money I was owed by the firm when I left, and this matter long over.


This matter was fully diligenced by my broker dealer when enrolling me as a Registered Representative, and again with an Investment Manger, both FINRA regulated, retained me for a multi year engagement, etc.


With little fanfare, the woman making the complaint dropped the law suit in April 2021. See link to article about the matter’s withdrawal: https://www.law360.com/articles/1372033/suit-over-bank-exec-s-alleged-masturbation-session-dropped


“A former analyst for an Illinois-based investment bank has dropped her federal lawsuit alleging she was sacked for filing a complaint that she walked in on a top executive …”


Allegations got global press, the matter dropped gets one obscure mention. In reality, the case never even got to discovery before it was withdrawn in federal court, and has not been re-filed in a State court.


And the story as it faces me was just not accurate whatsoever. Even the headline “I was fired after …” was factually wrong. I talked to the person months before about leaving the firm, she negotiated her exit from the firm over a month before the complaint which happened coincidently (or not) when the firm was moving to terminate her immediately.


Sept 23, 2020: I was surprised to learn that my former employer, Marathon Capital, was sued by a former employee who reported to me. Further, I am dumfounded by how I was portrayed in the Complaint, and the fact that the Complaint was sent to the press. This "made for the press" alternative narrative is flawed in its very premise. The headline: "junior banker fired AFTER ..." is just wrong. I notified the plaintiff in mid-June that her job was ending and she negotiated her separation and last day with the home office on June 24th; her narrative started mostly in the end of July long - the timeline is entirely wrong; she was notified in mid June her role was ending, and she had negotiated and exit and resigned by the end of June - long before her story starts in July; and otherwise this alternative narrative is largely inaccurate. That is, her entire story and complaint is in the context of attempting to re-negotiate her exit package with Marathon and as it pertains to me looks like retribution for my role in her exit. Marathon retained an experienced and qualified lawyer/investigator to conduct an investigation of these allegations. Her 114 page report notes I never exhibited any "inappropriate" behavior toward the plaintiff; and the report concluded the plaintiffs salacious story was not "plausible" with multiple reasons given.


For better or worse, I am far from a blank sheet of paper - my story is long and well known. I have long been an advocate of women in the workplace, and of woman in traditionally male roles. I recommended hiring the plaintiff because she was qualified and wanting to help - not harm the firm's diversity - she is both a female and a veteran. I am in my mid-50's, there is not a single other complaint in my history. My record includes many instances of accommodating the needs of women in our workplace, hiring women into senior roles, and advancing women, etc.


I have longstanding practice of hiring our veterans, and I am well known for my support of veterans entering civilian life - I have hired over 100 veterans and they are my goto recruiting source. I am a veteran myself. In this case, the plaintiff was a yeoman, or let's translate, an "office manager" of an important command, had excellent grades, included coursework in economics and math, and graduated from an ivy league school. The role hired into was that as an office coordinator; seemed like a great stepping stone into the private sector; clearly, it did not work out. I am very proud the diversity of teams that I have put together, and of the accomplishments of the women, veterans, and black and hispanic co-workers - most of whom did remarkable things with me, and went on to be very successful.



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