June 26 (Bloomberg) -- David Johnson, a former International Business Machines Corp. merger strategist, was accused by the company of using its resources as he formed a venture capital firm.

Johnson, 55, helped start JSJ Capital Management ERH and “secretly misused IBM’s facilities, resources and personnel,” according to an amended complaint filed by IBM in federal court in New York. IBM, the world’s biggest computer-services provider, is suing to stop Johnson from joining Dell Inc., saying the move violates a non-compete agreement. Johnson has said the contract isn’t valid.

Johnson spent “significant” time at Armonk, New York- based IBM to advance JSJ Capital, including preparing presentations for potential investors, according to the complaint. JSJ Capital also identified many of the same emerging technologies as good investments that Johnson identified to IBM, it says. The findings show “grave risk” that Johnson would disclose IBM’s proprietary information to Dell, according to the filing.

Johnson also said he would recruit “one additional IBM executive” for JSJ Capital if enough funds were raised, according to the filing.

Johnson’s lawyer, Ron Richman of Shulte Roth & Zabel, didn’t respond to several calls for comment.

IBM was unaware of Johnson’s involvement in JSJ Capital until the discovery process during the lawsuit, according to the filing.

IBM fell 38 cents to $105.68 at 4:01 p.m. in New York Stock Exchange composite trading. It has risen 26 percent this year.

Johnson’s Resignation

Johnson, who spent almost 30 years at IBM, resigned from the role of mergers-and-acquisitions chief in May to join personal-computer maker Dell. Johnson knows information about companies and technologies IBM plans to invest in, as well as potential divestitures, according to filings.

Dell, the world’s second-largest maker of personal computers, isn’t named in the lawsuit. Dell, based in Round Rock, Texas, had Johnson sign a one-year non-compete agreement, and agreed to pay him more than $1 million in annual compensation if IBM’s lawsuit prevents him from working at the company.

To contact the reporter on this story: Katie Hoffmann in New York at khoffmann4@bloomberg.net.

Last Updated: June 26, 2009 16:10 EDT