Looks like the prosecution didn't like Tony's post-trial antics much.
GOVERNMENT’S SENTENCING MEMORANDUM pages 38 and 39 of 88
D. The Defendant’s Lack of Remorse Despite being convicted for racketeering, conspiracy to commit securities fraud, extortion and other crimes, the defendant accepts no responsibility for his conduct. Instead, he has smeared prosecutors and proclaimed his innocence on one of the very websites, Silicon Investor, where he found fame as an allegedly former - but obviously unreconstructed - criminal.
For at least the period between November 2, 2005 through January 14, 2006, the defendant has caused e-mails he has written to be posted on the “Dear Anthony” thread he started on the Silicon Investor website. Those e-mails are attached hereto as Attachment 5. Following is a handful of excerpts:
• “The trial had nothing to do with the truth . . . Witnesses were intimidated from day one. The search for justice took a back seat to a prosecutor’s ambition, rabid zeal and refusal to concede the truth.” (Attachment 5A, 11/2/05, p. 37).
• “The prosecution was more interested in destroying my character than presenting evidence.” (Attachment 5C, 12/2/05).
• “I lost to hatred, prejudice and a ‘convict at all cost’ methodology . . . .” (Attachment 5C, 12/2/05).
• “I have publicly made allegations of serious misconduct by former AUSA Ken Breen and Seth Levine.” (Attachment 5D, 12/11/05).
• “[M]y 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.” (Attachment 5D, 12/11/05).
• Referring to Cleveland and suggesting that prosecutors suborned perjury, “It is my firm belief that not only myself, but you, Breen and Levine all know what you did . . . .” (Attachment 5D, 12/11/05).
• Referring to former Assistant United States Attorney, Kenneth Breen: “The real terrorist is out there, walking free, having used my life as a spring-board into the private sector, doing exactly what he found so distasteful by Royer.” (Attachment 5E, 12/23/05).
• “Isn’t this all being done so they can finally lynch the nasty Arab guy?” (Attachment 5F, 1/14/06).
As this Court knows, the government was extremely restrained in its presentation of evidence touching on certain aspects of this defendant’s conduct.19 For this defendant, who finds it impossible to mind his own store, to lash out by impugning the government’s integrity is unjust and irresponsible. It is, however, sadly consistent with the defendant’s need to wrongly castigate others while minimizing his own misdeeds, a theme that runs through his sentencing submission.
19 The government refers this Court to sealed records submitted during pre-trial litigation. |