Alleged destruction of documents | Former Videotron employee charged with contempt of court

A former Videotron employee suspected of having seriously jeopardized the security of the network by seizing thousands of “highly confidential and sensitive” documents is accused of contempt of court. Paul X. Zheng allegedly deleted thousands of Videotron files just minutes after the search of his home began.




The story so far

1er March 2023

Paul X. Zheng is fired by Videotron. He allegedly left with thousands of confidential documents.

March 8, 2023

A search requested by Videotron was carried out at Mr. Zheng’s home. All his computers are seized.

August 3, 2023

The Press reveals the affair, hitherto subject to strict confidentiality orders.

November 15, 2023

Mr. Zheng is charged with contempt of court.

“It’s odious!” They found nothing! There was no communication [de documents] to third parties, protests Me Paul-Yvan Martin, lawyer for Paul X. Zheng. His only fault is having told his bosses that Videotron is in crisis. They are not able to face competition from Bell. »

In this affair revealed last August by The PressVideotron alleges in court documents that Paul highly sensitive and confidential information.

In Videotron’s eyes, the situation was extremely serious: the security of the network and infrastructure could be “compromised” if the “highly confidential and sensitive” documents allegedly stolen by Mr. Zheng were used with bad intent. “There is a real risk for the security of Videotron’s IP network,” the company feared.

Search

It is in this context of extreme urgency that Videotron obtained an Anton Piller type injunction, an exceptional procedural vehicle which allows a “civil” search of a person’s home to be carried out. This is how on March 8, 2023, a locksmith opened the door to Mr. Zheng’s residence, in the Notre-Dame-de-Grâce district, to allow Videotron documents to be seized.

However, Paul X. Zheng would have “knowingly and voluntarily destroyed evidence during the execution” of the court order, alleges Videotron in a motion filed last November.

Judge Eleni Yiannakis of the Superior Court thus accused Mr. Zheng of contempt of court. He is accused in particular of not having cooperated during the execution of the order. He faces a sentence of one year in prison if convicted. He pleaded not guilty on November 21. His trial is scheduled for this spring.

This “abusive” request for contempt of court is a pure “procedural strategy” of Videotron, replies in interview Me Paul-Yvan Martin. According to him, Videotron had not prepared its case and risked the dismissal of its suit.

Videotron alleges that Paul According to Videotron, Mr. Zheng was then alone in his office. A “large quantity” of these files contained the keyword “Videotron”.

The accused defends himself

The Zheng camp, however, has an explanation: these files were deleted when Paul X. Zheng terminated a computer test when the bailiff arrived. That day, Mr. Zheng was using files – not confidential – to test computer systems for network management for Vecima.

Moreover, if Mr. Zheng worked at the same time for this Vancouver company, it was to master its technology likely to “save Videotron from its extremely precarious situation”, maintains Mr.e Paul-Yvan Martin.

This second job respected his contract at Videotron in every respect, adds the lawyer.

Videotron also accuses Paul X. Zheng of having erased the contents of a computer belonging to the Quebec company on 1er March 2023. A week later, upon seizure, the hard drive was “completely unreadable” and the computer was “physically damaged.” It was not possible to repair the device.

Also, three USB drives and a computer were handed over by Mr. Zheng two days after the order was executed. Some keys had been plugged into a device in the meantime, according to an expert’s affidavit.

“His superiors are angry with him”

According to Me Martin, Paul X. Zheng was wrongfully fired for criticizing the “incompetence” of his superiors. “It was not tolerated. His superiors are angry with him and are trying to find a reason for dismissal, so they invented the illegal transfer of documents,” maintains M.e Martin.

Mr. Zheng’s difficult mastery of English and French “is going poorly” at Videotron, Mr.e Martin. His client was trained in engineering in China in the 1980s and holds a master’s degree in engineering from Polytechnique Montréal.

Videotron’s allegations have major consequences for Mr. Zheng, believes his lawyer. “He lost everything,” says Me Martin. Many potential employers fear “Chinese spies” and are extremely reluctant to hire his client, he explains.

“My client has not hidden anything”, repeats Me Martin. “Videotron, they are fighting to the death. They never give up,” he says.

Videotron did not wish to comment on the matter.


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