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Judge Arthur Spatt

Alfonse M. D’Amato Federal Couthouse


100 Federal Plaza
Central Islip, NY 11722

Dear Judge Spatt, November 20, 2003

My name is Vincent McCrudden. You may remember me better as case number


CR-02-0516 (ADS). I was represented by Mr. Bruce Barket and was acquitted of 15
counts of mail fraud alleged by the United States Attorney Generals Office for the
Eastern District. The highly regulated entities that were created were set up in 1995 and
the time of mail fraud alleged was 1997. The criminal procedure started for me in
December 1999. I was acquitted September 29, 2003.

When I was arrested the first time in April 2000, I had to disclose to my employer
and to my regulatory bodies that I had been charged with a felony. As you can imagine, it
is very difficult to keep or acquire a job with such charges pending. Because no matter
what our system says, human nature believes you are guilty until proven innocent. That
the NASD requires charges be disclosed rather than just convictions should be illegal, but
that’s another matter.

I had employed 5 attorneys during this entire process. I had never been in trouble
my entire life and was thrown into this with little or no knowledge of our judicial system.
I am writing to make you aware as a citizen how unfair the process is and your direct role
in that process. After being arrested for the first time in 2000, the case was later
dismissed without prejudice after 34 days. The “letter” of the law states that the US
Attorneys office should have totally dismissed the case or indicted me within 30 days.
Your ruling on less than half the information of the case allowed the process to continue
for my family and I until May of 2002 when I was arrested for the second time and
indicted on the same charges. And then the trial started September 2003. So much for my
rights to a speedy trial. All this time the charges are on my licenses, which now can never
be taken off.

In short, a bunch of millionaires and their wealthy attorney used the Unites States
Government to bring a very broad charge against me as a personal vendetta. The two US
Attorneys who tried the case had asked their own office to dismiss the case to no avail.
The whole process started in the grand jury, which I was not invited, and not one investor
appeared. The US Postal Inspector Al Pagano was the only witness and presented his
lopsided view of the case. New things that I learned during this process was that a “ham
sandwich” could be indicted and that Judge Arthur Spatt was considered a “government”
judge. Not great things to hear when you have been accused of something you didn’t do.
If not for a jury of my peers, I would be awaiting sentencing by you. A very scary
thought. All my representatives wanted me to accept some type of plea. Your personal
opinions in open court that I was indeed guilty of “simple mail fraud” were shocking to
my family and me. Why your opinion was necessary I still do not understand. The
sentencing guidelines are a joke and a weapon used against innocent people like myself
to plea instead of taking the risks at trial. The whole professional process is disgusting.
The funny thing is that no one can understand the process unless they are thrown into it
head first. And the cost is surreal. It is the second biggest investment of my life behind
the home I bought for my family. Oh, and the justice? I spent over $200, 000 after tax
dollars over 5 years defending myself against documentation that I paid an attorney near
$50,000 he said would protect me against any indemnifications. And to the winner goes
the spoils? I get to go back to work and make up for lost wages I would and could have
earned over all those years. Not one thing happens to anyone else in this process? What
about the obvious perjury by some of the witnesses?

My family and I are investigating this whole process. As a citizen of this country,
I am deeply disappointed. The entire professional’s involved in this process in my
opinion are unethical. Including some of my own attorneys that I hired. Including
Stephen Scaring who seems to have some kind of ranking with you after seeing how you
treated him in court. I could just go home and accept my verdict the good citizens of this
country saw so obviously that you didn’t see. So after 7 years, countless documents in a
highly regulated industry (which did not pursue anything against me), and hundreds of
thousands of wasted dollars by me and the government, the jury, after a 2.5 week
presentation of “evidence”, took roughly 2.5 hours over 2 days to acquit me. And not one
professional involved in this process gets admonished or penalized?

Out of respect as a citizen. I believe there are different penalties for different
people. Having my name be taken away from me forever and seeing the United States of
America v. Vincent McCrudden would have been more than enough penalty for me even
if I were guilty. Your interpretation of the ridiculous federal guidelines that would have
sent me to jail away from my young family would have just been injury to insult. So as
an outsider looking at the process as a private citizen, my opinion is something has to be
done better or lawyers and other professionals will continue to ruin our great country.
Your personal bravado that you have a computer on your desk for three years and you
“don’t even know how to turn it on” should be an eye opener for you about change.
When you start thinking that your way is the best way and even something as successful
as computers will not become part of your process is scary. I don’t know the law that
well, but why would a judge in open court say that I am guilty? Is that your job? Thank
god reporters weren’t there to pick it up and publish it. If this was a media case, I am sure
it would have made front-page news and my acquittal the back page. So in all respect, I
don’t know who you report to and/or the process you are judged yourself, but in my
opinion as a private citizen and someone who was thrown into something so tragic for the
first time, I thought your views of “letter of the law” versus other times when convenient
is wrong. I think when someone is supposed to be a mediator and is viewed as
“government” judge that is stressful and wrong.
Anyway, those are my opinions. It is my belief I have a right to them, but who
really knows. If you stay in your position, I hope my perceptions help you become fairer
and more consistent in your job. I don’t know how many years you have been a judge,
but the callousness of all the professionals is astonishing. And the power you all have to
ruin someone’s life you would think would make you more compassionate to put
someone in jail as a last resort. In my opinion, this whole thing looks like a booming
business and after a long time at looking at something, perhaps it is time it should be
looked at differently.

Thank you for your time.

Sincerely,
Vincent McCrudden
Pali Capital , Inc.
650 Fifth Avenue, 6th Floor
New York, NY 10019