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See what the original site looked like Welcome to Inside-truth.com a historic archive of the reports behind US Vs Elgindy AMERICAN GREED
Letter to CNBC Legal Department Re: Mad Max Episode Elgindy Congressional Testimony -KOSOVO- April 29, 1999(.pdf) AN OPEN LETTER TO This open letter is a preliminary reply to the March 10th, 2010 airing and re-airing of AMERICAN GREED's episode featuring me, Anthony Elgindy, on CNBC. A full point by point rebuttal will be released once I get a copy of the complete transcript. Since I didn't appear on 'American
Greed' and refused to answer any of the written questions asked of me, which
were all meaningless empty 'fluff-type' questions, such as: 'Do you feel like
you were unfairly singled out?', I wanted to write and let everyone know how
very sorry I am that everyone had to endure this latest humiliation and have to
watch as our wounds were scraped open again. To be quite honest, I was hoping that this final stretch of time would pass not only quickly but quietly, until the day I would be able to get back out and try to live a semi-normal life, trying to make up for all the years I've missed with my children. My oldest son, who was only 10 when I was first arrested and just turned 18, will be 21 when I get out. It breaks my heart that I cannot help them now and am forced to sit here, rotting away, unable to do anything for them or make anything any better for anyone else. To those who tried to help and appeared, my undying gratitude is offered. I will never forget your courage and support. To my family, well... what can I say? I am deeply sorry for putting everyone through this again. To my children, I love you with all my heart and please rest assured that one day we will all be together again and emerge stronger and closer than ever before. Having said all this, I am clearly beyond upset and saddened at what was said and more importantly what was implied. Many good people were hurt through this fictitious account of events presented on CNBC. Even those people who helped me and put their lives on the line and reached out to those who needed help in the war torn region of Kosovo were dragged through the mud once again, through vile and unfounded innuendo. http://siliconinvestor.advfn.com/subject.aspx?subjectid=56050 This program, as I am now forced and committed to show, was full of false statements, innuendo and outrageous claims. It allowed the prosecutors in this case, who used 9/11 to taint my trial and jury, to have an unanswered platform from which they were able to once again make all their unfounded allegations and allowing them to specifically assert as truth -- every single allegation I was ever acquitted of. In fact, I've been told that at no time during the program did CNBC ever mention that I had been found 'not guilty' of ANY of the charges made against me. Those watching the show, could only believe I had been convicted of all counts. In any event, I am going to prepare a full detailed point-by-point rebuttal. And although I know that it cannot undo the damage that has already been done, I will nevertheless do my best in the hopes that it will offer some comfort and answer any of the questions that may have arisen once again about this bizarre travesty of justice In the meantime, I will keep pointing to the ONE document that spells out what the real truth is behind all the hype, headlines and rhetoric: the government's very own gain calculation chart that was adopted by the court and used to sentence me on June 19, 2006. If anything destroys everything that came out during American Greed's program about me, it is this chart:
After my trial the government offered various gain calculations that it wanted the judge to use in determining what sentence I should receive. The more money I could be held liable for, the more prison time I would get. Initially the government said I was responsible for $13 millon dollars, earned by 10 people in 43 stocks, and that I should be imprisoned for the rest of my life. When the government was unable to support those numbers, they dropped to $ 9 million and then to $3 million. Each time we showed that their numbers were baseless the judge was forced to agree. This is the final government chart that they offered, which suggested 3 smaller numbers from which the judge could choose. The first column on the left, lists the 5 stocks out of 32 in this case, in which the jury returned a 'guilty' verdict against me. These are the stocks in which I was convicted of at trial. Although no one else went to trial or pled guilty to these 5 stocks, the government nevertheless, included the gains made by everyone else in the stocks I was convicted of, in this column The second column lists everyone's gains in the 23 stocks that were actually identified in my indictment. I was acquitted of all misconduct in 18 of these 23 stocks. Once again and despite no one else ever being found guilty of any crime in any of these 18 'aquitted conduct' stocks, everyone else's gains in every stock I was found NOT GUILTY of, were included in the tally The last column is comprised of 32 stocks, the 23 stocks above plus 9 other stocks that were never mentioned on any of my sites or that I never traded and/or stocks that were traded on a separate and secret website called 'RC Chat' which was run by Mr. Daws, a site that nobody was supposed to know existed. In any event, upon receipt of this final chart and without any more discussion or allowing us any further opportunity to object, the judge announced he had decided to use the last column of this chart, and was holding me, alone, liable for the entire $1,568,000 and setting my sentence at 11 years in prison. I'm sure it will also come as a great surprise for those who see this chart for the first time, to finally see that former FBI agents Royer and Wingate made nothing in this case … absolutely nothing. After years of allegations, claims of 'bribes', $30,000 dollar payments and money changing hands, here is the government's own chart finally showing that Royer and Wingate received absolutely nothing from me or from anyone else in this case. So if you believe the government's tale, Royer and Wingate destroyed their lives, tarnished their badges and threw away their freedom and future by giving away 'secret' FBI information, over a 2-year period, in exchange for nothing. Next on the chart we have Messers. Cleveland, Hansen and Terrell, who are the ONLY government witnesses and the only traders to plead guilty. Each of them cooperated and testifid against me. Not surprsingly, they were each sentenced to just probation and allowed to keep the few measly dollars they allegedly made. However, Messers. McGreggor, Slotnick and Thorpe, who together made more money than those who cooperated, yet were never arrested or charged, did NOT testify, did not cooperate or assist the government in any way, yet were also allowed to keep every last cent they allegedly made 'illegally'. Perhaps what is most telling however, is what happened with Mr. Daws, another co-defendant who did NOT cooperate or assist the government. Following my trial, Mr. Daws pled guilty to one count of 'inside-trading' and agreed to a 24-month sentence. However, at sentencing, and although Mr. Daws accounts for more than $600,000 of the $712,000 in 'CONVICTED CONDUCT' in the government's own chart, the judge inexplicably refused to give him any jail time at all (sentencing him to just probation) nor did he force him to forfeit any of the money he made. It is clear that Mr. Daws's inclusion in this case was solely for the use of his trading gain figures. The government needed his gains to beef up the numbers for this 'conspiracy' in order to drive up the numbers for my ultimate sentence. Without Mr. Daws this chart would look even more absurd than it already does. Neither KURTIS PRODUCTIONS nor CNBC ever mentioned Mr. Daws, even once on their show. The trader who made almost 90% of all the money in this case was left out of this so-called 'conspiracy' or at least as far as the American public need be concerned. Apparently a white trader from Texas without a sexy tie-in to 9/11 was of little interest to CNBC or KURTIS PRODUCTIONS. I think this point alone underscores the lie behind the entire program. This chart absolutely and unequivocally undermines everything that was presented on the show and what the government continues to claim. ------- PRIOR NOTICE: On March 4th, 2010 AMERICAN GREED released it's first promotional lead-in to the upcoming episode about me, claiming: . 'A short seller uses secret government information to make millions of dollars in a trading scam' It was only one line, but it was patently false, so on March 8, 2010, I sent the following letter, http://www.insidetruth.info.com/response.htm , pointing out AMERICAN GREED's false lead-in, along with yet another copy of the government chart.
AMERICAN GREED Producer, Alison Lefevre responded to my complaints in a one sentence email to one of the show's participants. . From: Alison Lefevre Sent: Monday, March 08, 2010 9:44 am To: San Booth Cohen; jpappas@kurtis.com Subject: RE: Multi Million Dollar Scam and Weapons of Mass Destruction . Dan, This line is being corrected. Alison However, when the show finally aired AMERICAN GREED stubbornly refused to abandon the false claim that I personally made 'millions', and continued manipulating and massaging the facts through inflaming and misleading statements, oftentimes with bizarre and contradictory statements. From the shows online transcript, http:/www.livedash.com 00:28:13 'The FBI estimates that with the information Royer and Wingate have supplied him, Elgindy has pocketed more than three ($3,000,000) million dollars. Then 21 minutes later. 00:49:39 'After taking home over $364,000, the stock guru must pay back $1.5 million dollars as the leader of the conspiracy' I think what is most telling however, is what AMERICAN GREED deleted from the TV Broadcast - but can still be found in their official online transcript. 00:49:41 'The entire conspiracy nets eleven million dollars.' Despite getting the government's chart in their hands, twice, showing that I was CONVICTED, as in found 'GUILTY' by a jury, of only $66,000, AMERICAN GREED, KURTIS PRODUCTIONS and CNBC, still represented that I made millions …despite knowing that I had been acquitted of most of the charges against me. They chose to NOT mention this inconvenient fact, and still insinuate that the $364,000 I so-called 'pocketed' was made illegally. Despite having the chart adopted by the court back in 2006, they still allowed the government to air all the same allegations and arguments that were rejected by the court and jury years ago. And finally after deleting the outrageous claim that this case involved 11 million dollars from the on-air broadcast they still released a transcript with that erroneous figure firmly in place.
THE ENDS JUSTIFIES THE MEANS: The show's intent was to portray me in the most negative light possible and since the facts of the case don't support any of the rhetoric or hype nor justify the sentence handed to me when compared to the treatment received by everyone else, they simply manipulated the facts and when necessary lied. The only trader in this case to ever go to prison happens to be the American Egyptian short-seller who might have known about 9/11. I doubt that it ever really mattered to the government how much or how little I made, this chart clearly shows that the only result they really ever wanted, the only point in all of this, was for me to be the one who ended up in prison, and preferably for LIFE. However, for AMERICAN GREED, their interest was to justify their show. It is unlikely that anyone would be interested, much less believe that a man who only made $66,000 deserves to be featured for an hour (represented as a documentary) on prime time TV, on CNBC. MASTERS OF MANIPULATION: It's interesting to note that in addition to this chart, AUSA Nathanson (the prosecutor on TV who thought I was 'egotistical', 'narcistic' and 'evil') argued that the judge should sentence me using the much harsher and severe 'manipulation' sentencing guidelines. We argued that since I was acquitted of most of the charges, including ALL of the manipulation related charges, the legal precedent set in 'US Vs Sturdivant', obligated the court to use the more lenient 'inside-trading' guidelines. Thankfully, the judge agreed and summarily rejected the government claims that I had manipulated anything. In the judge's own words: 'I think there's a problem with manipulation separate and apart from Sturdivant. I have some reservations about manipulation.'(March 22,2006 Sent Tr. 26-27) It was actually one of the few breaks I ever got. The difference was between getting 11 years and getting 20. Moreover, Mr. Nathanson was actually present when the judge rejected their arguments and used the inside-trading guidelines. Therefore it is especially baffling why AMERICAN GREED allowed Mr. Nathanson to close the show with the following remarks: 'The judge afterwards called Mr. Elgindy a master manipulator. He said that in all his years he has been a judge or a lawyer, he was perhaps the most manipulative person he had ever run across.' As you can imagine, this is a troubling and puzzling statement, especially when one looks at the government's own chart, my gains versus those made by others, and considering my acquittal of every single manipulation charge made against me. So I searched every single page of the 10,000 plus page record looking for this statement, ( http://www.insidetruth.info/record-search ) and finally found what the judge actually said. On June 19th, just prior to sentencing me, he said the following: 20 There's been talk in passing and implicit in the 21 Court's ruling that I regarded you as a leader, I mean that to 22 some extent in the very positive sense, extraordinarily 23 intelligent, articulate, convincing, insightful, you've got an 24 extraordinary mind, it is no wonder that you were successful 25 as a short seller legitimately and I guess the tragedy is that 94 1 something else caught you and motivated you beyond sheer 2 financial reward because you had it all. Maybe it was the 3 fame, I don't know, something motivated you and you knew 4 better. Boy, when Mr. Royer came along, you pounced, 5 manipulative and resourceful, a master puppeteer. It was 6 quite a thing to watch. To put these remarks into context, the judge was referring to my relationship with Royer as a 'puppeteer', and presumably how I got information out of people - since as we all now know - I never paid him anything. To those of you who ever watched me gathering information or questioning someone, you will recall that I had a knack of getting information out of people without their realizing it. It was certainly an amazing to thing to witness, I will agree on that much -- but that was my job and I make no apologies for it. However, as you will also see shortly in the upcoming final rebuttal to this program, everything Royer told me, was reported back to the government in writing at the time he told me. And it is safe to say that this is precisely why I was acquitted of most of the charges against me. Ironically, it was the numerous federal agents that I used to work with, shoulder to shoulder in the ALCO case, that taught me how to be a so-called 'puppeteer'. Additionally, the only other remarks from the judge, that specifically referred to any observations even remotely connected to ALL his years on the bench, took place at my first sentencing hearing on March 22, 2006, also in response to the government's demand that I be sentenced under the 'manipulation guidelines' to LIFE in prison. 7 It's been almost 20 years to the day that I've 8 been doing this, and I must say I've never confronted 9 anything like this. I've never confronted such a 10 divergence of opinion in terms of what an appropriate 11 sentence ought to be. everything from the guidelines or 12 calculations pressed by the government of life 13 imprisonment to something in the neighborhood of 41 months 14 as suggested by the defense.' So, how do the judge's two remarks above, that this case presented him with the widest discretion of his career and that I was an 'extraordinarily intelligent, articulate, convincing, insightful 'leader' with an extraordinary mind who was successful as a short seller legitimately' get transformed into what CNBC and AMERICAN GREED claimed the judge said, ' that in all his years he has been a judge or lawyer, he [Anthony Elgindy] was the most manipulative person he had ever run across?' The words, 'bench', 'most', 'all his years', 'judge', 'lawyer', 'ever', 'run across' or 'met' are never even uttered. In fact nowhere in the record does the judge ever once discuss any such observation or thought. He doesn't even call me the best puppeteer he has ever met. The question remains, why didn't my judge, the Honorable Raymond J. Dearie, who used to be the US Attorney for the entire Eastern District of New York, (before becoming a federal judge) - who has sentenced billion dollar con-men, mafia hit men, serial murderers, ruthless gang members, boiler-room operators and serial rapists, sentence the 'most manipulative man he had ever run across in all his years on the bench', with the most obvious, fitting and appropriately severe 'manipulation' guidelines ? Why would he say he had 'problems' and 'reservations' about the manipulation in this case on the record? Why would he sentence me using the insider trading guidelines if I was the 'master of manipulation'? Is there anything in the record that even remotely suggests that anyone in this case was ever inclined to ever show me slightest amount of leniencyy? The fact is, the judge said absolutely NOTHING like what was just aired on AMERICAN GREED, and since I informed the production staff at AMERICAN GREED months ago that I had been acquitted of all counts involving 'manipulation' and sentenced under the 'insider-trading guidelines', it was their duty to check these facts and find out if the judge actually said any such thing before airing such a blatantly false statement on national TV and further slandering me. It is clear that Mr. Nathanson simply merged his recollection of these two remarks together with thoughts of his own and invented what he would like you to believe happened. And thanks to CNBC and American Greed he was able to do it on national TV. So now in addition to being a terrorist, according to prosecutors, I'm also the most 'evil' and 'manipulative' man 'you will ever run across'. Practicing hand-grenade journalism, I suppose, is the only kind that will work for this case since it was the only type of advocacy that could be relied upon to convict me. There is no need apparently to be truthful or accurate or exact. Misleading statements, lies of omission, falsehoods and half-truths are good enough. After inventing numbers in order to live up to it's name, maliciously questioning a 10 year old humanitarian effort that helped thousands of war refugees, failing to mention the one man who made 90% of all the money in this case, and leaving out the inconvenient fact that I was convicted of only making $66,000 'illegally', AMERICAN GREED and CNBC allowed a federal prosecutor to fabricate a completey baseless attribution to a sitting Federal Judge, words that were never spoken by him or anyone else, and put it all on national TV -- spooky music and all. You decide: who is real the master manipulator here ? Anthony Elgindy March 15, 2010 |
