Thu, 12/11/2014 - 4:00pm

Holly S. Edwards

DENVER, Colo. — Jason and Mary Throne of Rockport entered into a settlement agreement with U.S. company Hunter Douglas Inc. last month, which stipulates that the Thrones pay back $5,068,589.70 to the company, according to documents filed in U.S. District Court in Denver, Colo.

The settlement agreement was filed Nov. 21, and further stipulates that both parties agree to pay their own attorney and court costs and fees. As part of the settlement agreement, Mary Throne was dismissed as a defendant, but is required to adhere to a number of terms, in conjunction with separate terms stipulated for her husband, a former employee of Hunter Douglas.

The settlement agreement was signed by Senior Judge Richard P. Matsch, according to documents on file at the court.

Hunter Douglas is a Delaware corporation with its principal place of business located in New York. The company makes window blinds, coverings and architectural products. The company filed suit against the Thrones, and a corporation they formed, called Patent Service Group, in June, alleging a $5 million theft via mail and wire fraud, racketeering and a shell company.

Jason Throne previously worked as an in-house patent attorney for Hunter Douglas Inc. and his wife, Mary Throne, formed with her husband a corporation called Patent Service Group, according to court documents.

Jason Throne was a Hunter Douglas employee from Aug. 16, 1993, to June 12, 2014. Since 2001, Throne's title was Intellectual Property General Counsel and as the sole in-house dedicated patent counsel, he was considered a high-ranking member of the company's legal department, according to court documents.

According to the lawsuit, on Dec. 29, 1999, Jason Throne established and incorporated Patent Service Group Inc. with a mailing address in Boulder, Colo., and a principal place of business at 236 Union St. in Rockport. The court document also said that Patent Service Group Inc. was administratively dissolved in 2002, but was believed to still be operated by the Thrones in Maine.

According to the lawsuit, Jason Throne was accused of stealing nearly $5 million dollars from Hunter Douglas and covering up the theft by submitting fraudulent billing statements from Patent Service Group to Hunter Douglas, "for the purpose of defrauding HDI." The thefts are alleged to have occurred during the course of Throne's more than 20-year career with Hunter Douglas as their in-house patent attorney.

According to the settlement narrative, Jason Throne admitted that on an approximately monthly basis from 2000 through April 2014, he prepared invoices from Patent Service Group requesting payment from his employer for patent searches allegedly performed by PSG in the previous month.

"He prepared the invoices on his Hunter Douglas computer. He then printed the invoices and marked them for approval. From his home office in Colorado, and then later from his home office in Maine, he faxed the approved invoices directly to Hunter Douglas' Window Fashions Division's account payable department in Colorado," said the document narrative.

The return address on the invoices that Throne prepared was the P.O. Box in Boulder, Colo., in PSG's name, and Throne remitted payments to PSG. Between 2000 and 2014, Throne paid PSG and/or himself $4,841,146.09 "based on fraudulent invoices submitted by Mr. Throne on behalf of PSG."

The narrative facts that both parties agreed to are that Hunter Douglas relied on Throne's approval of the invoices in processing and paying them. He also deposited all payments from Hunter Douglas to PSG in a checking account maintained in the name of PSG at a bank in Boulder, Colo.; an account that was established and controlled by the Thrones.

In the judgment narrative, Throne admitted that he defrauded Hunter Douglas and used the money obtained through the fraudulent PSG bills in such a manner "as to permanently deprive" Hunter Douglas of the use or benefit of the money paid to PSG. According to the court document, Throne also admitted that he hid his relationship to PSG from Hunter Douglas, and that his actions constituted theft under Colorado state law.

In addition to providing Hunter Douglas with verified financial statements and income statements for 2013 and 2014, the Thrones have agreed to disclose all their assets. They further agreed to provide Hunter Douglas with a copy of their federal and state tax returns annually for a period of 10 years.

Mary Throne is also required to submit a sworn statement including: a complete listing of her assets; a statement that she does not have any expectation of any inheritance, windfall, income or any other influx of assets or to be named as beneficiary of a trust; that she is waiving any interest in property owned by Jason Throne; and a list of the property that has been conveyed to her by her husband in the last 10 years.

To satisfy the judgment, the Thrones have agreed to sell properties they own, including:

1. A 35-acre parcel in Steamboat Springs , Colorado. (assessed value for tax purposes: $810, purchased in 2000 for $180,000)
2. Home at 41 Pandion Lane in Rockport (assessed value for tax purposes: $1,909,200)
3. Vacant land on Barnestown Road in Camden (assessed value for tax purposes: $87,100)

By virtue of his employment and position with Hunter Davis, the Thrones agree not to use or disclose any trade secrets to anyone outside the company, and agree to return any products, files, documents, photographs, videos, computer files and/or things relating to any confidential company information that has not already been returned or provided to law enforcement authorities, according to the agreement.

Jason Throne also agreed to a three-year non-compete term within the U.S.

When the judgment was signed and filed, the Thrones had 10 days to provide Hunter Douglas with a complete list of their assets, and their assessment as to the fair market value of such assets. Within 30 days of the receiving the list, Hunter Davis is to identify the assets it wants to partially satisfy the judgment, according to the court document.

Upon execution of the agreement, Hunter Douglas agreed to dismiss the complaint against Mary Throne, with prejudice. Mary Throne has represented that she is an "innocent spouse" and was not aware of and did not knowingly participate in the matters alleged in the lawsuit, according to the court document.

"To the extent Mrs. Throne has made material representations to Hunter Davis...or otherwise fails to fully comply with the terms of this agreement, including but not limited to her obligations...Hunter Davis can pursue Mrs. Throne on all claims set out in the Complaint," said the document.