A@P; Amr "Anthony" Elgindy Discussion; Anthony@Pacific: 12/11/05: CLEVELAND AND THE DEAL THAT ISN’T

» Kirk - 12/11/05: CLEVELAND AND THE DEAL THAT ISN’T

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Message #93789 from Anthony@Pacific at 12/11/2005 10:38:14 AM

CLEVELAND AND THE DEAL THAT ISN’T

a new post from Anthony in his own words posted on his behalf.
Bob Zumbrunnen aka SI Bob

Dear Folks,

This post will be my second to last for 2005. Let me first start off by asking that discussion here on Dear Anthony please be limited to stock scams and trading posts. Obviously posts about my current dilemmas, my posts, the trial record, relevant news stories or news stories that name me or any of the various characters involved are obviously relevant and any ensuing discussion is completely appropriate. but this thread was started as a trading thread, and I would like to see it used as such. Please do not post things that are not directly linked to me or what I have said above, keep all the incessant cut and paste posting elsewhere, like on the “banned” thread. This will also help prevent my posts from being buried prematurely underneath stuff that is of no benefit being here “location-wise.” Thank you in advance for your cooperation.

What I will be posting next will be about certain people. I have discussed the conviction stocks, the jury charge, counts 16-32, the verdicts on and on. I have not chosen to not engage in personal attacks nor have I resorted to the “old Tony” tactics of the past. Very serious things have taken place and no one is more aware than I am of the gravity of things. Having said all that, I would like to point out that I will digress very briefly in this post as the “old-Tony”, because I truly believe it to be appropriate, you won’t miss it, and I hope you agree it is within acceptable parameters.

I have publicly made allegations of serious misconduct by former AUSA Ken Breen and Seth Levine. Both men no longer work for the government and in past documents I have discussed the lack of knowledge they each possess about the markets and how utterly wrong they were about almost every aspect of our capital markets. I have also touched upon the misdeeds of convicted drug trafficker and government witness Derrick Cleveland. To truly appreciate the significance and depths of the deception on the court and jury, I will have to do what I do best. I will expose them publicly. I hope that when I am finished even the staunchest critic will have no choice but to concede the truth. The report will be entitled:

THE TRIAL CRIMES OF CLEVELAND AND BREEN

Before I begin, I want to make a few observations and comments about convicted cocaine trafficker and star witness, Derrick Cleveland.

Mr. Cleveland, took the stand and lied over and over. He pulled me into the midst of an unholy alliance between himself and Royer. Mr. Cleveland, you rob, cheat, deceive and betray everyone you come in contact with. It makes me ill, because all I did to you was try to teach you how to earn an honest living. My wife and I allowed you in our home, you slept in our baby son’s room and you ate at our table. Your criminal relationship with Royer is yours’and yours alone. What you believed should be a secret, I openly disclosed and reported. Nobody except you and Royer ever knew what you two were really up to. When you were caught red-handed you quickly recognized you were being given an opportunity to slip the noose from around your neck to mine, and you grabbed that opportunity.

Let me now tell you where your problems are, and how I aim to increase them exponentially. I will also tell you how you might be able to save yourself by, for once in your life, doing the right thing. I have ZERO confidence that a single word I’ve written will sink into that petrified septic sewer between your ears, but that will also be to my benefit in the end.

You signed and entered a plea agreement with the US Attorney’s office in Brooklyn, NOT with Ken Breen or Seth Levine. You swore to tell the truth, or else the “deal” was off. Now, it is very possible that the gentleman who replaced your two handlers will simply swallow and adopt the bizarre “company-line” Breen created based on no known laws, but I will tell you soon why I think that might not happen. More important than all of this is the Judge. The Honorable Judge Raymond Dearie is NOT bound to do what Breen or you want or agreed to.

In fact, my Insidetruth report, “The trial crimes of Cleveland and Breen” will be released first to the US Attorney General’s Office, the US Attorney’s Office in Brooklyn, and to the Honorable Raymond Dearie. It will then go to the media, and finally I will release and publish it here on SI. You may be tempted right now to pick up the phone and call your lawyer, or maybe Mr. Breen himself, and I wouldn’t blame you. Big things are going to happen.

Let me now tell you a little something about the person who has taken over this case. He is an attorney who went in the reverse direction; he used to be in the private sector, and then moved to public service. He used to work at a firm that represented Wall Street “heavies” like Merrill Lynch. This move could possibly be indicative of a man who values truth and justice more than money or a golden parachute. If so, then this move is not helpful for you.

Breen and Levine are gone. They have jumped ship and abandoned you before you get sentenced. Your lies and crimes may not be embraced for too much longer. If I were you, Mr. Cocaine-trafficker, I would gather yourself and sprint as fast as is humanly possible to the Department of Justice in Washington, D.C. and then to the US Attorney’s Office in Brooklyn, NY and spill your guts, before it’s too late to help yourself. It is my firm belief that not only myself, but you, Breen, and Levine all know what you did; however it doesn’t look like the man who replaced them is cut from the same cloth. Then there is the Judge, a man who I believe will not be pleased with the proof I provide him about you.

You have not yet been sentenced, and I am betting that if I can show all the honest people at the Department of Justice and or Judge Dearie that you lied over and over under oath, the proof will not be denied. Just like the most graphic pictures of criminal activity at Abu-Ghraib, I am out to blow the whistle on what you did and what they allowed you to get away with.

I will now try my best to give the above words some authority

I. The Constitution requires prosecutors to seek justice rather than victory as the Supreme Court recently affirmed. It has long been established that the prosecution's "deliberate deception of a court and jurors by the presentation of known false evidence is incompatible with rudimentary demands of justice."
Banks v. Dretke, 540 U.S. 668, 124 S.Ct. 1256, U.S.,2004. In proceedings before the trial court, a prosecutor has an independent, constitutional duty to correct testimony he knows to be false. A rule thus declaring "prosecutor may hide, defendant must seek," is not tenable in a system constitutionally bound to accord defendants’ due process. Banks v. Dretke , US. V. Agurs, 427 US 97.

II. The prosecution is actually REQUIRED to develop evidentiary leads that it believes would expose a witness's lies. Whenever the prosecution has "notice of the real possibility" that a witness is misleading the court or jury, the Due Process Clause requires it to conduct an investigation to determine whether the testimony is false and to expose any falsehood it finds. As then Associate Attorney General and Circuit Judge Stephen Trott eloquently wrote in a Justice Department publication, "Criminals are likely to say and do almost anything to get what they want, especially when what they want is to get out of trouble with the law. This willingness to do anything includes not only truthfully spilling the beans on friends and relatives, but also lying, committing perjury, manufacturing evidence, soliciting others to corroborate their lies with more lies, and double-crossing anyone with whom they come into contact."U.S. Dep't of Justice, Prosecution of Public Corruption Cases”, 117- 18 (Feb. 1988). See also United States v. Bernal-Obeso, 989 F.2d 331, 333 (using informants is a "dirty business").
A prosecutor's "responsibility and duty to correct what he knows to be false and elicit the truth requires a prosecutor to act when put on notice of the real possibility of false testimony. This duty is not discharged by attempting to finesse the problem by pressing ahead without a diligent and a good faith attempt to resolve it. A prosecutor cannot avoid this obligation by refusing to search for the truth and remaining willfully ignorant of the facts." Napue v. People of State of Ill. 360 U.S. 264, 79 S.Ct. 1173,U.S. 1959.

III. False, uncorrected testimony as to a witness's bias violates Due Process just as much as false, uncorrected evidence wrongly incriminating the accused. Napue. The prosecution must step forward and correct known false or misleading statements in open court whenever they are discovered. U.S. v. LaPage, 231 F.3d 488, 2000. All perjury pollutes a trial, making it hard for jurors to see the truth. No lawyer, whether prosecutor or defense counsel, civil or criminal, may knowingly present lies to a jury and then sit idly by while opposing counsel struggles to contain this pollution of the trial. A prosecutor has a special duty commensurate with a prosecutor's unique power, to assure that defendants receive fair trials. "It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate method to bring about one." Berger v. United States, 295 U.S. 78.

IV. The Supreme Court has consistently held that a conviction obtained by the knowing use of perjured testimony is fundamentally unfair, and must be set aside if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury. U. S. v. Agurs, 427 U.S. 97, 96 S.Ct. 2392.

AND FINALLY

V. Finally, from the Second Circuit where I was prosecuted, “where the prosecution knew or should have known of the perjury, the conviction must be set aside 'if there is any reasonable likelihood that the false testimony could have affected the judgment of the jury.' " U.S. v. Wallach, 935 F.2d 445, C.A.2,(N.Y.),1991, U.S. v. Seck,48 Fed.Appx. 827,C.A.2 (N.Y.),2002 among many other cases that say the same thing.

Mr. Cleveland, as you can see, denial will no longer suffice. The truth will be told. Three years ago you decided that you and your freedom was worth more than my entire family and the future of my three sons. It’s time I believe to show the world how wrong you were.

Regards,

Tony Elgindy
http://www.siliconinvestor.com/readmsg.a...

-- posted by Kirk