Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 1 of 11

UNITED STATES DISTRICT COTJRT

SOUTHERN DlSTlUCT OF NEW YORK.
--------------------------"--------------------------------)(
)
llliATURR DONAHUE, )
)
Plaintiff, )
)
-against- )
)
ADVANCED EQUIT1ES, JNc., )
)
Defendant. )
)

Heather Donahue, by her attorneys, Matalon' Shweky Elman PLLC, as her
Complaint against defendant Advanced Equities, Inc., alleges as follows:
Parties
1. Plaintiff Heather Donahue ("Donahue") resides in DWlstabie, Massachusetts.
2. Defendant Advanced Equities, Inc. ("Advanced") is a broker-deaier heMqualiered
in Chicago with offices in New York, New York, Sau Diego and Richmond, Virginia.
Jurisdiction and Venue
3. Jurisdiction is con/erred upon this Court lmder 28 U.S.C. 1332 by virtue ofthe
diversity of citizenship of the p1lrties and the fact that the amount in controversy exceeds the sum
of seventy five dollars ($75,000.00), exclusive of interest and costs.
4. Venue is proper in this Court pursuant to 28. U.S.C. 1391(a) because a substantial
part of the events giving rise (0 the claims set forth herein occurred in New York.
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 2 of 11
I
I
I
Nature ofthe Claim
5. Donahue is a former employee of Advanced. This action arises from Advanced's
horrendous treatment to which it subjected women in general, and Donahue in particular. From
practically the first day of Donahue's employment, it became abundantly clear that, at Advanced,
women are second class citizens to be treated as little more than sexual objects. As set forth in
greater detail below, pornography was pervasive at Advanced, and women, including Donahue,
were constantly subjected to demeaning comments and behavior. Donahue witnessed the male
employees routinely and openly ogle the female employees and was herself subjected to
comments of a sexual nature by the head of Advanced's New York office, Frank Mazzola. This
type of activity was not only tolerated at Advanced, it was encouraged. Indeed, Advanced offered
absolutely no anti-harassment training whatsoever to its employees.
6. At Advanced's New York office, moreover, no women were hired into positions of
responsibility, nor were women offered the opportunity of advancement and promotion. This
incontrovertible statistic proves the point: at Advanced's New York office, not one woman
served as a broker, or in a management or supervisory capacity, and all served as sales assistants.
Indeed, Donahue and one other female employee were the only female employees permitted to
attend sales meetings. But even that was nothing more than window dressing; at those meetings,
the women were routinely singled out for disparate, hostile treatment on the basis of their gender
by the head of Advanced's New York office, Frank Mazzola.
7. On September 11, 2008, a particularly galling episode occurred: the head of
Advanced's New York office, Frank Mazzola, screamed and cursed at all present at a sales
meeting, and then told only the two women who were present - Ms. Donahue and Jeuna Mullen
- that if they "didn't like what [they] heard, [they] no longer needed to attend the meetings."
2
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 3 of 11
Only one week later, Advanced tenninated Ms. Donahue's employment. As set forth below,
Advanced's purported reason for tenninating Donahue - - that she improperly forwarded certain
Advanced emails - - was pretextuaI and her tennination was wrongful.
FACTS COMMON TO ALL COUNTS
Background
8. Until her tennination by Advanced in September 2008, Donahue had been a sales
assistant in the securities industry for approximately fourteen years. For most of that time - - first
at Commonwealth Associates, then at Spencer Trask and ultimately at Advanced - - Donahue
served as the assistant to Eric Rubenstein.
9. In 1995 Donahue obtained Series 7 and Series 63 licenses.
10. In the Spring of 2007, Mr. Rubenstein resigned from Spencer Trask and accepted a
position at Advanced as Senior Managing Director - Private Equity.
11. Mr. Rubenstein asked Donahue to join him at Advanced and to continue working
there as his assistant. Donahue agreed and on or about March 26, 2007, commenced employment
at Advanced.
Advanced Subjected Donahue
to a Hostile Work Environment
12. From the beginning of her employment at Advanced, it became very clear to
Donahue that, at Advanced's New York office, women were treated as little more than sexual
objects. And that treatment was perpetrated most by the very person who should have ensured
that women were treated fairly and equally - - Frank Mazzola, the head of Advanced's New York
office.
3
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 4 of 11
13. On multiple occasions at Advanced, Donahue saw pornographic videos openly
displayed on Mr. Mazzola's computer screen. Ms. Donahue frequently observed the same type of
pornography openly displayed, for all to see, on brokers' monitors. These brokers were all Mr.
Mazzola's direct subordinates.
14. In addition to the pervasive pornography, the male employees of Advanced,
including Mr. Mazzola, routinely and openly ogled Advanced's female employees and made
comments about their anatomy. By way of example, Ms. Donahue observed, on multiple
occasions, the male employees of Advanced ogling a female employee, Sofia Serna, and heard
them make comments about Ms. Serna's breasts.
15. On multiple occasions, the harassment was directed at Donahue. In or around May
2007, at a work party held at the SkyBox at Tao restaurant in New York City, Mr. Mazzola
repeatedly asked Donahue whether she was sleeping with her boss, Eric Rubenstein, and after
Donahue told him that his question was extremely inappropriate, he went so far as to ask "you
never fucked him?" Consistent with that type of conduct, in or around June 2008, Mr. Mazzola
came into Mr. Rubenstein's office at a time when Donahue was sitting behind Mr. Rubenstein's
desk working with Mr. Rubenstein, and said to Mr. Rubenstein, "Isn't this role reversal? I'm
surprised you don't have Heather bent over the desk."
16. Mr. Mazzola's mistreatment and harassment of women at Advanced was well-
known; yet Advanced never disciplined Mr. Mazzola, and upon information and belief never even
warned him about his inappropriate behavior.
17. The mistreatment and harassment of Advanced's female employees by brokers was
also well-known; yet upon information and belief, Advanced never disciplined any of the brokers
or warned them about their inappropriate behavior.
4
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 5 of 11
18. During the entire length of Donahue's employment at Advanced, Advanced never
offered any sexual harassment or discrimination training of any kind in its New York office.
19. Advanced did not have any human resources personnel in its New York office.
And it was well-known to Advanced's employees that complaining to Advanced's purported
human resources director (who worked in Chicago) would have been futile.
20. Ms. Donahue nonetheless complained to both Advanced's Chief Compliance
Officer, Matthew Reynolds, and its former New York Compliance Officer, Richard Crockett - -
among others - - about Mr. Mazzola's conduct. No remedial action was taken.
Advanced Discriminated Against its
Female Employees
2 I. In addition to subjecting the female employees of its New York office to sexual
harassment and a hostile work environment, Advanced discriminated against women on the basis
of their gender.
22. Of the approximately 40 employees in Advanced's New York office all but seven
were men, and every single woman employee served as a sales assistant. To be clear, not one
woman at Advanced's New York office served in a managerial or professional capacity, and none
had any supervisory responsibilities. Every broker and cold caller at Advanced's New York office
was male.
23. Of the seven (female) sales assistants, three including Donahue held Series 7
licenses. Donahue and one of the other registered assistants, Jenna Mullen, were permitted to
attend sales meetings.
5
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 6 of 11
24. At those meetings, Mr. Mazzola routinely yelled at and berated Advanced's
employees - male and female alike. But Mr. Mazzola singled out the women for disparate,
discriminatory treatment.
25. For example, in July 2007, Mr. Mazzola told Donahue that, because Jenna Mullen
had complained about a broker's conduct to the Chicago home office, women could no longer
come to sales meetings. Mr. Mazzola, however, did not bar any male employees from the sales
meetings. Mr. Mazzola ultimately relented after Ms. Donahue complained to him.
26. At a sales meeting that Donahue attended on September II, 2008, Mazzola
screamed and cursed at all present, yelling at the sales staff to "sell the hell out of" a deal that was
a package of two other deals. Upon information and belief, the venture banks whose deals were
being packaged were not aware that Advanced was packaging them, and the packaging of the two
deals may have violated SEC rules. Accordingly, Mr. Mazzola instructed the brokers to keep the
deal "top secret."
27. After the meeting, Mr. Mazzola again singled out the two women present at the
meeting (Donahue and J enna Mullen) for disparate treatment, and demanded that they meet with
him in the offices of Advanced's New York Compliance Officer, Basil Christakos. Mr. Mazzola
told the two women in an intimidating fashion "that if [they] didn't like what they heard, [they] no
longer needed to attend the meetings." Consistent with his erratic behavior, Mr. Mazzola
ultimately apologized for cursing at the meeting.
When Advanced Terminated
Ms. Donahue, the Reasou it
Provided was Pretextual
28. On September 12, 2008 - - which is to say, one day after Mr. Mazzola yet again
singled Donahue out for disparate, hostile treatment - - Donahue forwarded to some former
6
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 7 of 11
colleagues a series of emails that Mr. Mazzola had sent to her and others. Donahue's intent in
sending those emails was to demonstrate to those former colleagues the type of abuse and erratic
behavior that she and her colleagues at Advanced were subjected to. In those emails.Mr.
Mazzola wrote, among other things: I
If you dirty shoe wearing, cheap sob's do not get shoe shines she will stop coming.
April 17, 2008 email.
* * *
The support I have been getting has been overwhelming (not). I will be sure
to remember everyone who get's [sic] at least something done. I will certainly
remember those who do butkus or better yet I will forget you exist. Your call
on how you would like to be remembered or not.
If you cannot raise at least $200K on one of these bridges you should consider
a new career because sales are obviously not your forte. We need it today!
May 2, 2008 email.
* * *
Guys,
You really need to step it up. As it looks now only a few will actually hit their
goals for Friday. This totally unacceptable and will have ramifications. That
is not huffing and puffing it is 100% fucking fact! You can take it to the
bank!
June 11, 2008 email.
* *
*.
Folks,
It is crunch time. Many of us have failed miserably in achieving our goals
given to us last week to meet today. You would never know the level of
failure based on the attitude in the office which is relatively light and fun, a
typical summer Friday. Some I am surprised by others I expected.
1 Copies of the referenced emails are annexed hereto collectively as Exhibit A.
7
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 8 of 11
We/you have about four hours to pull a rabbit out of the hat. If you are here to
make it happen you should be pounding the phones. If you are here to talk
about weekend plans or the U.S. Open GET OUT - you are screwing it up for
those of us that actually give a shit.
Let's Bring it home in a big way today!
June 13, 2008 email.
* * *
I asked for updates on where you are on Fabrik and Magnum. I am to [sic]
fucking busy to keep following up so when I ask for something just do it it is
your job as well as mine to ask. I am fucking livid with anyone who has not
yet sent me the updates. I am going to treat you with the same respect you
treat me. In other words I will forget who you are. Send me the update now if
you have not already for crying out loud.
If it is zero so be it!
July 9, 2008 email.
* * *
Very simple rule going forward: If you are not clean shaven do not come to
work. If you do come to work unshaven I will send you home no excuses. I
do not want to hear that your face is sensitive or you were out all night or the
chicks dig it. No BS I will send you home starting tomorrow.
This has always been a requirement so if you do not like it go fmd a new job.
August 28, 2008 email.
29. On September 15, 2008, after Mr. Mazzola discovered that Donahue had sent these
emails, he called her into the office of the New York Compliance officer, Basil Christakos, and
preceded to scream and curse at her.
30. The next day, Mr. Christakos confIrmed to Donahue that she would not be
terminated as a result of sending out these emails. Nonetheless, on September 18
th
, Advanced
terminated Ms. Donahue, claiming that she divulged confIdential information.
8
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 9 of 11
31. Donahue did not divulge any confidential information, and her termination was
pretextual.
FIRST CLAIM: SEX DISCRIMINATION
PURSUANT TO N.Y. STATE HUMAN RIGHTS LAW
32. Donahue repeats and realleges each and every allegation set forth above as if set
forth at length herein.
33. Pursuant to the Human Rights Law of the State of New York ("HRL"), an
employee may not be discriminated against on the basis of gender. Thus, women constitute a
protected class under the HRL.
34. A hostile work environment claim under the HRL may arise when an employee is
subjected to a "hostile work environment" which the employer knew or should have known
existed but failed to remedy. Such a hostile work environment exists when the harassment was
sufficiently severe or pervasive to alter the conditions of the victim's employment and create an
abusive working environment. Proving such a claim involves showing both objective and
subjective elements: the misconduct shown must be severe or pervasive enough to create an
objectively hostile or abusive work environment, and the victim must also subjectively perceive
that environment to be abusive.
35. In this case, Advanced created a sexually discriminatory hostile work environment
for Donahue by the acts and practices of the head of Advanced's New York office, Frank Mazzola
including, but not limited to the following-
openly displaying pornography and allowing subordinates to openly display
pornography;
openly ogling female employees and allowing subordinates to openly ogle female
employees;
9
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 10 of 11
making comments of a sexual nature about women in the office including Donahue
and allowing subordinates to make the same type of comments; and
singling out women including Donahue for disparate, hostile treatment.
36. Advanced's male brokers also created a sexually discriminatory hostile work
environment for Donahue through their acts which included the open display of pornography; the
ogling of female employees; and making comments of a sexual nature about Advanced's female
employees.
37. In addition to subjecting Donahue to a hostile work environment, Advanced
discriminated against Donahue on the basis of her gender. At Advanced, all women were
relegated to assistant roles and there was no opportunity for advancement or promotion.
38. Because the head of Advanced's New York office personally created the hostile
work environment Donahue was subjected to, Advanced knew of the hostile work environment
but failed and refused to effect any remedy.
39. Pursuant to the New York Human Rights Law, Donahue is entitled to recover lost
earnings and benefits in an amount to be determined according to the proof at trial but believed to
be in excess of$150,000, as well as costs of suit, including reasonable attorneys' fees.
SECOND CLAIM: SEX DISCRIMINATION
PURSUANT TO THE NEW YORK CITY ADMINISTRATIVE CODE
40. Donahue repeats and realleges each and every allegation set forth above as iffully
set forth herein.
41. Donahue is also entitled to recover pursuant to the Human Rights Law of the New
York City Administrative Code, tit. 8, for discrimination on the basis of gender and hostile work
environment. The same standards apply to such a claim as those for the HRL.
10
Case 1:09-cv-10447-PGG Document 1 Filed 12/23/09 Page 11 of 11
42. Pursuant to the New York City Administrative Code, Donahue is entitled to
recover lost earnings and benefits in an amount to be determined according to the proof at trial but
believed to be in excess of$150,000, as well as costs of suit, including reasonable attorneys' fees.
WHEREFORE, Plaintiff respectfully requests jUdgment as follows:
(i) On the First Claim, an award oflost earnings and benefits in an amount to be
determined according to the proof at trial but believed to be in excess of $150,000,
as well as costs of suit, including reasonable attorneys' fees;
(ii) On the Second Claim, an award of lost earnings and benefits in an amount to be
determined according to the proof at trial but believed to be in excess of $150,000,
as well as costs of suit, including reasonable attorneys' fees; and
(iii) granting such other and further relief as the Panel may deem just and proper.
Dated: New York, New York
December 22, 2009
MATALON. SHWEKY. ELMAN PLLC
By: ~ ~ ~ ~ ~ ~ __________ _
Howard r. Elman
450 Seventh Avenue, Suite 1409
New York, New York 10123
(212) 244-9000
Attorneys for Claimant
11
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 1 of 12
EXHIBIT A
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 2 of 12
Heather Donahue
From:
Sent:
To:
Subject:
Heather Donahue
Friday, September 12, 2008 4:10 PM
Ellis, DiAnn
FW: Very Very Important
Importance: High
From: Frank Mazzola
Sent: Thursday, April 17, 2008 2:58 PM
Page lof2
To: Aaron Segal; Alex Forschner; Barry Mohr; Bob Spiegel; Chris Bornemann; Christine Caridi; Christopher Brothers; David
Landskowsky; David Ranaudo; EI-Ad Sela; Eric Rubenstein; Frank Mazzola; Heather Donahue; Jared Carmel; Jason Gersten;
Javier Guadarrama; Jenna Mullen; JesSica Eddins; Joe Dempsey; Joe Hede; John Van Clief; John Walsh; Jonathan Manela;
Joseph Cordi; Justin Israelson; Kate Happel; Kevin Graetz; Kevin Johnson; Leonard Barenboim; Maya Lawler; Owen
Praskievicz; RobertBostelman; Robert Nazara; Scott Cardone; Sean Connors; Sean Salvatore; Tim Herrmann; Todd
Harrigan; Wesley Gordon; William Barkow .
Subject: Very Very Important
Importance: High
adli1nced .:+'

-THE VENTIIRE (APITAlINVESTMENT BANK
New York. Chicago. San Francisco
MemberNASD, SIPe
If you dirty shoe wearing, cheap sob's do not get shoe shines she will stop coming ..
All the best,

Senior Managing Director/
Sales Manager
. Advanced Equities
565 5
TH
Avenue 20
th
R
. New York, NY 10017
. Direct: 212.292.3482
Mobile: 917.887.0598
9118/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 3 of 12
Page2of2
www.advancedeguities.com
The attached article and(or link, is not an offer to buy or sell securities, and it should not be construed as an offer to buy or sell securities. The
information contained therein is intended for infonnation purposes and does not contemplate the specific investment objectives, financial situation, or
needs of a specific recipient. The information contained therein does not constitute nor should it be construed as investment advice or an invitation to
conduct investment business.
AU third party materials are the responsibility of their-respective authors, creators, and owners. Advanced Equities, Inc. is not responsible for third party
materials. and the infonnation reflects the opinion of its authors, creators, and owners at the time of issuance, which opinions and infonnation are subject
to change at any time without notice and without obligation of notification.
The infonnatfon does not necessarily reflect the opinion or belief of Advanced Jnc. and it should not be construed as such. The infonnation
contained herein, including but not limited to references to any websites or internet links are provided in good faith, without independent verification by
Equities. Inc. and without any express or implied warranty of accuracy or completeness and should not be relied upon as such.
Many inherent, or potential conflicts of interest may exist due to receipt offees from relevant companies or industries mentioned in this article
andlodink. In addition, Advanced Equities, Inc. may at any time have an equity position in a company and/or industIy in this article and/Qf
link.
9118/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 4 of 12
I
Heather Donahue
From:
Sent:
To:
Subject:
Heather Donahue
Friday, September 12, 2008 4:09 PM
Ellis, DiAnn
FW: Bridges (not in Madison County)
Importance: High
From: Frank Mazzola
Sent: Friday, May 02, 200& 10:54 AM
Page 1 of2
To: Aaron Segal; Alex Forse/mer; Barry Mohr; Bob Spiegel; Chris Bornemann; Christine Caridi; Christopher Brothers; David
Landskowsky; David Ranaudo; EI-Ad Sela; Eric Rubenstein; Frank Mazzola; Gary Saccaro; Heather Donahue; Jared Carmel;
Jason Gersten; Javier Guadarrama; Jenna Mullen; Jessica Eddins; Joe Dempsey; Joe Hede; John Van Clief; John Walsh;
Jonathan Manela; Joseph Cordi; Justin Israelson; Kate Happel; Kevin Graetz; Kevin Johnson; Leonard Barenboim, Maya
Lawler; Pamela Costanza; Robert Bostelman, Robert Nazara; Scott Cardone; Sean Connors; Sean Salvatore; Tim Herrmann;
Todd Harrigan; Toqir Choudri; Wesley Gordon; William Barkow
Subject: Bridges (not in Madison County)
Importance: High
advAnced. .. ... r.iI- It '"
. equ'lles
THE VENTIIRE (APlTAL INVESTMENT BANK
New York. Chicago. San Francisco
Member Finra, SIPC
The support I have been getting haS been overwhelming (not). I will be sure to remember
. everyone who get's at least something done. I will certainly remember those who do
butkus or better yet I will forget you exist. Your call on how you would like to be
remembered or not.
If you cannot raise at least $200K on one of these bridges you should consider a new
career because sales are obviously not your forte. We need it today! .
All the best,
~ ~ # / ~
Senior Managing Director/
. Safes Manager
9/18/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 5 of 12
Advanced Equities
565 5
TH
Avenue 20
th
Flo
New York, NY 10017
Direct: 212.292.3482
Mobile: 917.887.0598
www.advancedeguities.com
Page 2 of2
The attached article andlor link, is not an offer to buy or sell securities, and it should not be construed as an offer to buy or sell securities. The
infonnation contained therein is intended for information purposes and does not contemplate the specific investment objectives, financial situation. or
needs of a specific recipient. The information contained therein does not constitute nor should it be construed as investment advice or an invitation to
conduct iJ;1vestment business.
AU third party materials are the responsibility of their respective authors, creators, and owners. Advanced Equities, Inc. is not responsible ,for third party
materials, and the information reflects the opinion of its authors, creators. and owners at the time of issuance, which opinions and infonnatlon are subject
to change at ~ y time without notice and without obligation of notification.
The infonnation does not necessarily reflect the opinion or belief of Advanced Equities, Inc. and it should not be construed as such. The infonnation
contained herein, including but not limited to references to any websites or internet links are provided in good faith, without independent verification by
Advanced Equities, Inc. and without any express or implied warranty of accuracy or completeness and should not be relied upon as such.
Many inherent, actual, or pOtential conflicts of interest may exist due to receipt of fees from relevant companies or industries mentioned in this article
and/or link:. In addition, Advanced Equities, Inc. may at any time have an equity position in a company and/or industry mentioned in this article andlor
link. .
9/18/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 6 of 12
Page 1 of2
Heather Donahue
From: Heather Donahue
Sent: Friday, September 12, 20084:03 PM
To: Dioguardi,Wiliiam
Subject: FW: Friday
From: Frank Mazzola
Sent: Wednesday, June 11, 2008 4:19 PM
To: 10th Floor Boardroom; Aaron Segal; Alex Forschner; Barry Mohr; Bob Spiegel; Chris Bornemann; Christine Caridi;
Christopher Brothers; David landskowsky; EI-Ad Sela; Eric Rubenstein; Frank Mazzola; Gary Saccaro; Heather Donahue;
Jared Carmel; Jason Gersten; Javier Guadarrama; Jenna Mullen; Jessica Eddins; Joe Dempsey; Joe Hede; John Van Clief;
John Walsh; Jonathan Manela; Joseph Cordi; Justin Israelson; Kate Happel; Kevin Graetz; Kevin Johnson; Maya lawler;
Michaelluparellai Pamela Costanza; Robert Bostelman; Robert Nazara; Scott Cardone; Sean Connors; Sean Salvatore; 11m
Herrmann; Todd Harrigan; Toqir Choudri; Wesley Gordon; William Barkow
Subject: Friday
advAnced .. .. ' ... ..ri+.. -.-
eqIJll78S"'
TBE VENTIJRE (APITAlINVESTMENT BANK
Guys,
New York. Chicago. San Francisco
Member Finra, SIPC
You really need to step it up. As it looks now only a few will actually hit their goals for
Friday. This totally unacceptable and will have ramifications. That is not huffing and
puffing it is 100% fucking fact! You can take it to the bank!
What the are you waiting for?
..
Senior Managing Director/
. Sales Manager
Advanced Equities
565 5
TH
Avenue 20
th
FI.
New York, NY 10017
Direct:
9/18/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 7 of 12
I
I
Page 2 of2
Mobile: 917.887.0598
www.advancedequities.com
The attached article and/or link, is not an offer to buy or seIJ securities, and it should not be construed as an offer to buy or sell securities. The
infonnation contained therein is intended for information purposes and does not contemplate the specific investment objectives. fmancial situation. or
needs of a specific recipient The information contained therein does not constitute nor should it be construed as -investment advice or an invitation to
conduct inveshnent business.
All third party materials are the responsibility of their respective authors. creators, and owners. Advanced Equities, Inc. is Dot responsible for third party
materials, and the information reflects the opinion of its authors. creators. and owners at the time of issuance. which opinions and infonnation are subject
to change at any time without notice and without obligation of notification. .
The infonnation does ~ o t necessarily reflect the opinion or belief of Advanced Equities, Inc. and it should not be construed as such. T ~ e infonnation
contained herein, including but not limited to references to any websites or internet links are provided in good faith, without independent verification by
Advanced Equities, Inc. and without any express or implied warranty of accuracy or completeness and should not be relied upon as such.
Many inherent, actual, or potential conflicts of interest may exist due to receipt of fees from relevant companies or industries mentioned in this article .
and/or link. In addition, Advanced Equities. Inc. may at any time have an equity position in a company andlor industI}' mentioned in this article and/or
link.
9118/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 8 of 12
Heather Donahue
From:
Sent:
To:
Subject:
Heather Donahue
Friday, September 12, 20084:02 PM
Ellis, DiAnn
FW: D-Day
Importance: High
Attachments: Frank Mazzola.vct
From: Frank Mazzola
. Sent: Friday, June 13, 2008 9:45 AM
Page 1 of2
To: Aaron Segal; Alex Forschner; Barry Mohr; Bob Spiegel; Casey Heller; Chris Bornemann; Christine caridi; Christopher
Brothers; David Landskowsky; EI-Ad Sela; Eric Rubenstein; Frank Mazzola; Gary Saccaro; Heather Donahue; Jared Carmel;
Jason Gersten; Javier Guadarrama; Jenna Mullen; Jessica Eddins; Joe Dempsey; Joe Hede; John Van Clief; John Walsh;
Jonathan Manela; Joseph Cordi; Justin Israelson; Kate Happel; Kevin Graetz; Kevin Johnson;' Maya Lawler; Michael Luparella;
Pamela Costanza; Robert Bostelman; Robert Nazara; Scott Cardone; Sean Connors; Sean Salvatore; 11m Herrmann; Todd
Harrigan; Toqir Choudri; Wesley Gordon; William Barkow
Subject: D-Day
Importance: High
Folks,
advAnced. '. '.' .. r:l .. "
.' e q U l l 1 e s ~
m VENTllREfAPITAL INVESTMENT BANK
New York. Chicago. San Francisco
Member FINRA, SIPC
It is crunch time. Many of us have failed misreably in achieving our goals given to us last
week to meet today. You would never know the level of failure based on the attitude in
the office which is relatively light and fun, a typical summer Friday. Some I am surprised
by others I expected.
We/you have about four hours to pull a rabbit out of the hat. If you are here to make it
happen you should be pounding the phones. If you are here to talk about weekend plans
or the U.S. Open GET OUT - you are screwing. it up for those orus that actually give a shit.
Let's Bring it home in a big way today!
9118/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 9 of 12
Page 2 of2
I wiJI be forwarding everyones numbers to Dwight and Keith later today and will CC the
office.
All the best,
tz;ad P.
Senior Managing Director/
Sales Manager
Advanced Equities
20
th
FI.
New York, NY 10017
Direct: 212.292.3482
Mobile: 917.887.0598
www.advancedeguities.com
The attached article and/or link,. is not an offer to buy or sell seCurities, and it should not be construed as an offer to buy or sell securities. The
information contained therein is intended for information purposes and does not contemplate the specific investment objectives, financial situation, or
needs of a specific recipient. The infonnation contained therein does not constitute nor should it be construed as investment advice or an invitation to
conduct investment business.
All third party materials are the responsibility of their respective authors, creators. and owners. Advanced Equities, Inc. is not responsible for third party
materials, and the infonnation reflects the opinion ofjts authors, creators, and owners at the time of issuance. which opinions and infonnation are subject
to change at any time without notice and without obligation of notification.
The infonnation does not necessarily reflect the opinion or belief of Advanced Equities, Inc. and it should not be construed as such. The information
contained herein. including but not limited to references tq any websites or internet links are provided in good faith, without independent verification by
Advanced Equities, Inc. and without any express or implied warranty of accuracy or and should not be relied upon as such.
Many inherent, actual, or potential conflicts afinterest may exist due to receipt offees from relevant companies or industries mentioned in this article
andlor link. In addition, Advanced Equities, Inc. may at any dOle have an equity position in a company andlor industry mentioned in this article andlor
link.
9118/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 10 of 12
I
I
Heather Donahue
From:
Sent:
To:
Subject:
Heather Donahue
Friday, September 12,20083:54 PM
Ellis, DiAnn
FW: Updates
Attachments: Frank Mazzola. vef
From: Frank Mazzola
Sent: wednesday, July 09, 2008 5:05 PM
Page I of2
To: Aaron Segal; Alex Forschner; Barry Mohr; Basil Christakos; Bob Spiegel; Casey Heller; Christine Caridi; Christopher
Brothers; David Landskowsky; Eric Rubenstein; Frank Mazzo/a; Gary Saccaro; Heather Donahue; Jared Carmel; Jason
Gersten; Javier Guadarrama; Jenna Mullen; Jessica Eddins; Joe Dempsey; JOe Hede; John Van Clief; John Walsh; Jonathan
Carlson; Jonathan Manela; Joseph Cordi; Justin Brannan; Kate Happel; Kevin Graetz; Kevin Johnson; Maya Lawler; Michael
Luparella; Pamela Costanza; Robert Bostelman; Robert Nazara; Scott Cardone; Sean Connors; Sean Salvatore; lim
Herrmann; Todd Harrigan; Toqir Choudri; Wesley Gordon; William Barkow
Subject: Updates
THE VENTRE tAPlTAlINVESTMENT BANK
New York. Chicago. San Francisco
Member FINRA, SIPC
I asked for updates on where you are on Fabrik and Magnum. I am to fucking busy to
keep following up so when I ask for something just do it it is your job as well as mine to
ask. I am fucking livid with anyone who has not yet sent me the updates, I am going to
treat you with the same respect you treat me. In other words I will forget who you are.
Send me the update now if you have not already for crying out loud.
If it is zero so be it!
All the best,
~ ~ f W ' ~
. Senior Managing Director/
(
9/18/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 11 of 12
Sales Manager
Advanced Equities
... 2 0 th Fl.
New York, NY 10017
Direct: 212.292.3482
Mobile: 917.887.0598
www.advancedequities.com
Page 20f2
The attached article andlor link, is not an offer to buy or seU securities, and it should not be construed as an offer to buy or sell securities. The
infonnation contained therein is intended for infonnation purposes and does not contemplate the specific investment objectives. financial situation. or
needs of a specific recipient The infonnation contained therein does not constitute nor should it be construed as investment advice or an invitation to
conc;luct investment business.
An third party materials are the responsibility of their respective authors, creators, and owners. Advanced Equities, Inc. is not responsible for third party
materials, and the information reflects the opinion of its authors, creators, and owners at the time of issuance, whiCh opinions and infonnation are subject
to change at any time without notice and without obligation of notification.
The information does not necessarily reflect the opinion or belief of Advanced Equities, Inc. and it should not be construed as The infonnation
contained herein, including but not limited to references to any websites or internet links are provided in good faith, without independent verification by
Advanced Equities, Inc. and without any express or implied warranty of accuracy or completeness and should not be relied upon as such.
Many inherent; actual, or potential conflicts of interest may exist due to receipt of fees from relevant companies or industries mentioned in this article
and/odink. In addition, Advanced Equities, Inc. may at any time have an equity position in a company andlor industIy mentioned in this article andlor
link.
.9118/2008
Case 1:09-cv-10447-PGG Document 1-2 Filed 12/23/09 Page 12 of 12
Heather Donahue
From:
Sent:
To:
Heather Donahue
Friday, September 12, 2008 3:48 PM
Ellis, DiAnn
Subject: FW: How you look.
From: Frank Mazzola
Page 1 of 1
Sent: Thursday, August 28, 2008 9:17 AM .
To: Aaron Segal; Alex Forschner; Basil Christakos; Ben White; Bob Spiegel; Christine Caridi; Christopher Brothers; David
landskowsky; David Seto; Eric Rubenstein; Frank Mazzola; Gary Saccaro; Heather Donahue; Jared Carmel; Javier
Guadarrama; Jenna Mullen; Jessica Eddins; Joe Dempsey; Joe Hede; John Van Clief; Jonathan Carlson; Joseph Cordi; Justin
Brannan; Kate Happel; Kevin Graetz; Maya Lawler; Michaelluparella; Pamela Costanza; Robert Bostelman; Scott Cardone;
Sean Salvatore; Tim Herrmann; Todd Harrigan; Toqir Choudri; Wesley Gordon; William Barkow
Subject: HOW you look.
Very simple rule going forward: If you are not clean shaven do not come to work. If you do come to work unshaven I will
send you home no excuses. I do not want to hear that your face is sensitive or you were out all night or the chicks dig it No
BS I will send you home starting tomorrow.
This has always been a requirement so if you' do not like it go find a new job.
All the best,
tz;ad p.
Senior Managing Director/
Sales Manager
A.cl.I/.CJ. g .. I:: q!:!it1l::.s.
.. ... 20
th
Fl.
New York, NY 10017
.. Direct: 212.292.3482
Mobile: 917.887.0598
9/18/2008