Open Letter to London DTN Executive Team Requesting that General Counsel Ben Kelly Employment be Terminated
Negligent hiring claims are made when an injured party believes an employer should have known about an employee’s criminal or dangerous background. An employer can be held liable if its employees inflict harm on a third party when the employer should have discovered that risk through a reasonable background check.What Are Negligent Hiring Claims?
4A Time limit for actions for defamation or malicious falsehood.Limitation Act 1980
The time limit under section 2 of this Act shall not apply to an action for—
(a)libel or slander, or
(b)slander of title, slander of goods or other malicious falsehood, but no such action shall be brought after the expiration of one year from the date on which the cause of action accrued
Steven D. Kalavity (SDK), former PGS ASA employee and PGS ASA, Watson Farley & Williams, Landau Zeffert & Weir / Landau Law Whistleblower and Confidence Fraud Victim.
Attention DTN Executive Management:
- John McPherson, Chief Administrative Officer
- Ben Kelly, General Counsel
- Marc Chesover, President
- Tom Dilworth, Chief Financial Officer
- Lars Ewe, Chief Technology Officer
- Sarah Stansberry, Chief Marketing Officer
- Doug Bennett, Chief Product Officer
- Josh Langford, Chief Revenue Officer
- Mark Holland, Senior Vice President
As a Marine Contract Sales Supervisor – Africa, I used to work with Carl Richards, [PGS Exploration (UK) Limited] Head of Legal and Company Secretary and his legal staff, at the time, Ben Kelly. Richards and/or Kelly would review and recommend amendments to contract terms and conditions for marine seismic/EM data acquisition and processing projects. I was informed that Richards and Kelly had read my written grievance and also recommended that I sign a settlement contract agreement rather than proceed through the grievance process which had illuminated untoward executive behaviors and decisions. Therefore, Richards and Kelly sanctioned, as well as participated in, all of the processes that resulted in creating these false and inaccurate personal data records affecting my termination under false pretenses.Carl Richards, Arbitrary and Capricious Company Secretary, PGS Exploration (UK) Limited ( 24 February 2018)
DTN General Counsel, Ben Kelly, is an international criminal. Kelly has never denied these accusations, even though he is legally and contractually obligated to do so. Failure to disclose is a form of fraud that perverts the course of justice. Kelly is involved in both of these crimes, as well as others, but has never been arrested, charged and tried for his crimes. Unfortunately, this speaks more to the dysfunction of the police who perform astonishingly poorly in matters of white collar crime, especially in the United Kingdom. Another reason is that companies such as DTN are negligent in their hiring process and do not practice a thorough due diligence process. DTN should be held accountable for this. Kelly is contractually bound to Confidentiality terms and conditions that prohibit the publication of content by SDK that publicly disparages him. (This public disparagement impacts DTN stakeholders.) The exception to such publications is if they are protected as whistleblowing, as defined by the UK Public Interest Disclosure Act (PIDA). Kelly not invoking the contractual Confidentiality terms and conditions perverts the course of justice and causes substantial harm to the whistleblower and victim of Kelly’s criminal conspiracy where DTN is complicit if it fails to take corrective action.
The global criminal conspiracy that Kelly has played a principal role in has been vile and evil. Kelly’s crimes have been especially abusive to SDKs dependent family members. SDK is a US citizen who was employed by PGS Exploration (UK) Limited, 4 The Heights, Weybridge, England, KT13 0NY. In 2013, Norwegian parent company Petroleum Geo-Services ASA (PGS) had four divisions. SDK was a Sales Supervisor with the Marine Contract Division, Africa Region. SDK interacted with Kelly often enough from when he was a temporary employee borrowed from Watson Farley & Williams through when he was hired full-time by PGS as Legal Counsel. Kelly provided legal and contractual oversight and advice for PGS business in Europe, Africa and the Middle East (EAME). My interactions with Kelly while working in Weybridge were always positive and professional. However, SDK did have issues with his immediate supervisor, Edward von Abendorff. Since SDK was bound by an employment contract requiring PGS sponsorship of a Tier 2 work visa, SDK could not easily extricate himself from the toxic foreign workplace.
SDK did start to search for an escape from Marine Contract Sales – Africa. This apparently infuriated Marine Contract Africa Region President, Simon Cather. Cather and von Abendorff teamed-up with PGS EAME Human Resources Manager, David Nicholson to make SDKs work in Weybridge a living hell. On 13 June 2013, Nicholson invited SDK to an ambush meeting which Cather and von Abendorff also attended. SDK has came to learn some time ago that ambush meetings are a common tactic used by workplace bullies. Following this meeting, SDK emailed Nicholson requesting how the meeting conformed to PGS policy, minutes from the meeting, and how to submit a grievance. Nicholson denied SDK all of these requests. However, on 24 July 2016, Nicholson signed and delivered a letter to SDK on behalf of PGS Exploration (UK) Limited. SDK has referred to this as the ambush letter. The ambush letter became the predicate for SDKs grievance that was delivered to PGS and PGS Exploration (UK) Limited management / agents on 20 September 2013 because the 13 June 2013 meeting minutes were never provided. The illegal mishandling of the 20 September 2013 grievance by PGS has been the impetus to all SDK PGS focused online publications, including this one. PGS has never responded directly to any of SDK online publications. PGS has never invoked a breach in the Confidentiality terms and conditions governed by the laws of England that are contained within the SDK and PGS Exploration (UK) Limited employment contract. Silence is consent if such a breach is not invoked within one-year of publication (The UK Limitation Act 1980 allows one year from publication date to file defamation and malicious falsehood claims).
In September 2018, the criminal mob pursued blackmail / extortion to get SDK to de-publish legally protected (whistleblowing) content from his website, nopgs.com in Thailand. PGS Exploration (UK) Limited is registered with Companies House, which means it operates by the laws of England (and Wales). The last thing that PGS Exploration (UK) Limited wanted to do is make a claim under the English system because the criminal conspiracy and fraud would be obvious. However, through bribing Thai legal firm Duensing – Kippen to deliver false criminal defamation claims while former employee, crime victim and whistleblower was living in Thailand, PGS sought to erase the truth so that they could continue deceiving customers, investors and competitors. About a year ago, Duensing – Kippen continue to threaten SDK after he returned to the USA through delivering claims to the home of SDK Thai relatives to terrorize them. How can PGS have a criminal defamation claim in Thailand under Thai law, but not a breach in the Confidentiality terms and conditions of a contract governed by the laws of England? They can’t. These two realities cannot legally co-exist. And Ben Kelly knows this too, as he allowed SDKs family to be terrorized. Ben Kelly is a cowardly criminal.
DTN must terminate Kelly from his role of General Counsel and investigate. If Kelly has not invoked contractual Confidentiality terms and conditions governed by English law to protect his and the organizations he has agency reputations, Kelly is being allowed to damage DTN reputation and value. It must be assumed that Kelly is perverting the course of justice, which is a crime in of itself. How can DTN justify employing a criminal in executive management to DTN stakeholders? Kelly defamed and defrauded a foreign worker whistleblower. Kelly allowed non-compliant defamatory forged documents to be illegally used to terminate employment and then blacklist SDK from employment in the industry – or any industry that is polluted by the false narrative. Kelly allowed health reports substantiating the health-harming impact of PGS’ toxic workplace to be ignored and destroyed. Kelly contributed to the violent assaults that placed the life and health of the victim of abuse in danger, along with his family. Upon returning to Houston, Texas, unemployed by fraud perpetrated by Kelly, et al., my family suffered. Kelly’s continued silence is abusive and illegal. And Ben Kelly knows it. DTN should also know it. But, this is the warning flag. DTN needs to do the responsible thing for all stakeholders. Protecting and employing a child abusing criminal piece of shit like Ben Kelly is a breach of DTN values.
… Gareth Jones, HR Officer; Ben Kelly, Associate Counsel. Nevertheless, the numbing silence and hiding of corruption continues to proceed unanswered to the collective detriment of PGS and the majority of its honest stakeholders. The bad publicity compromises PGS company reputation and market value. In addition, the corporate silence compromises my professional reputation by design.Boycott Petroleum Geo-Services (PGS) Capital Markets (25 July 2016)