Mastro sentencing update

[Peter_Spaeth]

Bill has filed his sentencing memorandum with, by my count, over 50 supporting letters. Here is an excerpt from a letter from Marshall Fogel. Sorry for only being able to post in screenshot. Cannot cut and paste from the actual documents.

[Peter_Spaeth]

From James Spence.

[bnorth]

To me it is beyond amazing that someone would write a supporting letter for that piece of garbage. Maybe it is for the good of the hobby.Lol

[vintagebaseballcardguy]

Thank you, Peter, for the update.

[Peter_Spaeth]

Rex Stark.

[Peter_Spaeth]

Originally Posted by bnorth

To me it is beyond amazing that someone would write a supporting letter for that piece of garbage. Maybe it is for the good of the hobby.Lol

There are letters from relatives, charities, and members of the religious community, among others.

[Peter_Spaeth]

Attachment Description
1
Exhibit Randy M. Mastro Letter 3 pages 1.7 mb
2
Exhibit Mary Lou Mastro Letter 3 pages 1.3 mb
3
Exhibit Marshall Fogel Letter 3 pages 1.0 mb
4
Exhibit James J. Spence, Jr. Letter 1 page 500 kb
5
Exhibit John J. Scott Letter 2 pages 0.6 mb
6
Exhibit Thomas C. O'Connell Letter 2 pages 0.8 mb
7
Exhibit Rex Stark Letter 2 pages 0.6 mb
8
Exhibit Albert H. Greenbaum Letter 8 pages 2.2 mb
9
Exhibit Hubert J. Santos Letter 1 page 448 kb
10
Exhibit Dr. David A. Fleishman Letter 1 page 442 kb
11
Exhibit Ann T. Resca Letter 1 page 0.5 mb
12
Exhibit David B. Bowen Letter 2 pages 1.1 mb
13
Exhibit Ashley Mastro Letter 2 pages 0.8 mb
14
Exhibit Christina Mastro Letter 1 page 510 kb
15
Exhibit Anthony Evora Letter 2 pages 0.9 mb
16
Exhibit Jennifer Morales Letter 3 pages 1.4 mb
17
Exhibit Irene McCartin Letter 2 pages 1.1 mb
18
Exhibit Hector Morales Letter 2 pages 1.1 mb
19
Exhibit Shannon Welch Letter 2 pages 1.1 mb
20
Exhibit John Markey Letter 2 pages 0.7 mb
21
Exhibit Jan Kraft Letter 2 pages 0.8 mb
22
Exhibit Joan Rundle Letter 1 page 458 kb
23
Exhibit Ruby Harris Alexander Letter 2 pages 0.6 mb
24
Exhibit Ewa Jedrol Letter 1 page 410 kb
25
Exhibit Dr. John J. Hart Letter 1 page 448 kb
26
Exhibit James Prendergast Letter 2 pages 0.8 mb
27
Exhibit Tricia Leishman Letter 1 page 490 kb
28
Exhibit Rev. Frank A. Kurucz Letter 2 pages 0.6 mb
29
Exhibit Meghan Moreno Letter 2 pages 0.6 mb
30
Exhibit J. William Adams Letter 2 pages 0.9 mb
31
Exhibit Valerie A. Ward Letter 1 page 276 kb
32
Exhibit Rev. Edward J. Cronin Letter 1 page 363 kb
33
Exhibit Michelle Maxia Letter 3 pages 1.2 mb
34
Exhibit Rev. Michael M. Boland Letter 2 pages 0.8 mb
35
Exhibit Frank E. Milos Letter 2 pages 1.1 mb
36
Exhibit Mike Wantiez Letter 2 pages 0.9 mb
37
Exhibit Mitch Weiner Letter 2 pages 0.8 mb
38
Exhibit Dennis Parmley Letter 1 page 506 kb
39
Exhibit Paul Shepard Letter 1 page 0.5 mb
40
Exhibit Gerald McAuley Letter 1 page 379 kb
41
Exhibit Carl Joseph Garber Letter 2 pages 0.9 mb
42
Exhibit Michael Ulbricht Letter 1 page 495 kb
43
Exhibit Jason Salerno Letter 1 page 489 kb
44
Exhibit Fr. Svetozar Kraljevic Letter 1 page 0.8 mb
45
Exhibit Dr. Noreen Ann Salmon Letter 1 page 313 kb
46
Exhibit Tiffany Sullivan Letter 1 page 338 kb
47
Exhibit Patricia Lynne Franklin Letter 2 pages 0.8 mb
48
Exhibit Daniel A. Alberts Letter 1 page 475 kb
49
Exhibit Fr. Pat Murphy Letter 2 pages 0.7 mb
50
Exhibit Sister Marie Clare Letter 1 page 500 kb
51
Exhibit Mother Gabrielle Marie Letter 1 page 414 kb
52
Exhibit Michael P. McMahon Letter 2 pages 0.8 mb
53
Exhibit Bonnie Woodward Letter 1 page 290 kb
54
Exhibit Timothy J. Rivelli Letter 3 pages 1.6 mb
55
Exhibit Kathy Donahue Letter 3 pages 1.7 mb
56
Exhibit Fr. Gerald Kelly Letter 3 pages 1.5 mb
57
Exhibit Jim Fogarty Letter 2 pages 1.1 mb
58
Exhibit Dr. Walter Whang Letter 1 page 413 kb

[wonkaticket]

Perhaps folks could pen letters for this man as well. After all he asked politely. Who knows maybe some of the money was bound for his charitable efforts later on.

http://www.upi.com/Odd_News/2015/05/...8351431019618/

It amazes me how people can rush to the defense of someone who clearly took advantage of the collectors and the very industry that supports their beloved hobby. Perhaps it's a psychological thing, and playing the I forgive card is easier than looking in the mirror and saying "my so called buddy ripped me/others off and I feel betrayed".

Disappointing, sad and disappointing.

[Bicem]

Just threw up a little bit.

[Econteachert205]

Dr. Walter Whang, great name.

[Peter_Spaeth]

A post from Jeff is an exhibit. 62 to be precise. Actually there are way more than 50 letters, there are group exhibits of letters after the individually numbered ones.

[turtleguy64]

I am reminded of the words of Col. Kurtz ," The horror,the horror." actual support for him ? how about the shill victims ?

[Peter_Spaeth]

II. BILL MASTRO’S PERSONAL BACKGROUND AND CHARACTER ...................................... 5
A. Personal History, Education, and Career .................................................. .......................... 5
1. Early Life .................................................. .................................................. ........... 5
2. A Pioneer in the Sports Collectibles Industry .................................................. ...... 7
B. Devotion to Family .................................................. .................................................. ....... 14
C. A Lifetime of Compassion, Kindness, and Generosity .................................................. ... 17
1. Individual Acts of Kindness and Financial Generosity ....................................... 18
2. Personal Sponsorship of Hundreds of Recovering Addicts ................................. 25
3. Religious Conviction and Pilgrimages to Medjugorje ......................................... 29
4. Service to the Chicago Community .................................................. ................... 32
D. Physiological and Psychological Conditions and Necessary Treatment ........................... 35
E. Genuine Remorse, Acceptance of Responsibility, and Cooperation ................................ 36

Bottom line, his lawyers ask for probation plus community service.

[Peter_Spaeth]

Footnote 20.
Specifically, in April 2013, New York attorney Jeffrey Lichtman posted on a prominent hobbyist website a
solicitation encouraging self-identified “victims" to contact the Court, providing the Court’s mailing address
and the caption for Bill’s case. (Ex. 62) (“please let the judge know via letter”). That attorney previously
represented an individual in private civil litigation against Mastro Auctions and Bill, and has since publicly
criticized Bill’s plea agreement with the Government in the New York Daily News for not providing any
monetary restitution to Bill’s victims, some of whom the attorney represents. In short, at least some of these
letters appear to have been submitted at the encouragement of an attorney with an apparent stake in this case.

[Peter_Spaeth]

No argument we make for leniency will change the reality that Bill has lived his remorse
and regret every day for the past eight years, and that he will continue to own up to his
misconduct for the rest of his life. It has eaten away at him in ways that come through in the
hundreds of letters of support penned on his behalf, especially those from his family, who speak
of the shame and suicidal impulses he has suffered as a result. Yet during this darkest period he
has redoubled his efforts to do charitable good works, serving his religion and helping those in
need. We therefore express four hopes in this submission.

First, we hope that, in looking at the whole of Bill’s life, this Court will see that—despite
the wrongs he admits to having committed—he has also changed so many lives for the better.
Unlike others who have been described as philanthropists, Bill has worked quietly and directly,
motivated by what the Senior Probation Officer describes as a “genuine sense of altruism” long
predating this investigation. He does not simply write checks; he is completely devoted with all
of his resources and time. He counsels people directly. He mends with them. He prays with
them. He works with them, whether it is helping them through emotional or substance-abuse
problems, financial straits, or physical labor. He helps them financially and through personal
guidance. And he works prodigiously, even walking Chicago’s public housing projects each
week to reach out and help those in need. Many, many people have come to depend on him.

Second, we hope that the Court sees that the important principles of deterrence—both
specific and general—have already been served in this case. Bill has been out of the sportsmemorabilia
industry since February 2009. He cannot and would not go back. His case is now
an epic tale within the industry, a lesson to all about the consequences of auction-related
misconduct. It is for this reason that even the Government has advised this Court that Bill’s
public confessions “provide a strong deterrent message to others in the industry, which was an
additional benefit to the government in this case.” See Government’s Memorandum in Support
of the Proposed Plea Agreement (Doc. No. 79) at 3.

Third, we hope that, given the breadth and depth of its experience, the Court will put
Bill’s offense in context when determining his ultimate punishment. During Bill’s time with the
auctions business, he had tens of thousands of customers. He sold more than $300 million worth
of sports memorabilia. Despite his transgressions, he helped create a vibrant industry, and
helped establish real standards for authentication and grading. Many, many people have
collections they are proud of, and investments they have profited from, because of Bill. Shill
bidding attributable to Bill’s offense conduct inflated the prices of approximately 1% of the more
than 100,000 total lots sold by Mastro Auctions—unquestionably the exception, not the norm.
Moreover, Bill was not selling a fraudulent product: his collectibles were authentic, and people
continue to enjoy them and profit from them all over the country today. This is not to say that
Bill’s conduct caused no harm. But he did not cause substantial financial hardship either: people
paid what they were willing to pay for these discretionary purchases—indeed, “might have spent
the same amounts of money absent the fraud,” according to the Senior Probation Officer—even
if, as Bill readily acknowledges, sometimes they should have paid less. Furthermore, as the
Senior Probation Officer notes, the average loss per customer did not cause “irreparable harm,”
and “unlike in most fraud schemes, [] the victims actually gained something of value.” In short,
every one of Bill’s customers received an authentic item they wanted, for a price they were
willing to pay, with the bulk of the proceeds going to consignors, not the auction house, and with
buyers typically experiencing an appreciation in value over time. Again, we do not offer this
perspective as an excuse or justification, but as relevant context for the offense conduct: Bill’s
misconduct, while wrong, was statistically infrequent, did not characterize his business practice,
and did not cause any type of substantial financial harm typical of what this Court has seen in
other financial-fraud cases.

[Peter_Spaeth]

Taking Bill away from all the people who depend on him and whom he has served with
devotion and passion—like the dozens of people in AA he sponsors and the hundreds of people
he has taken at his own expense on religious pilgrimages, the many others to whom he ministers
walking the housing projects of Chicago, and the countless others he has helped through his
generous giving to worthy causes—would have unintended and far-reaching adverse
consequences. The Court could sentence Bill to a long period of probation with stringent
requirements of community service. And the Court could sentence Bill to the additional
condition of home confinement when he is not serving his community. Bill accepted a fine that
is more than double the highest end of the Sentencing Guidelines range—the maximum statutory
fine—and he paid it even before sentencing. (PSR ¶ 111). Bill voluntarily left the industry he
loved, and will never work in it again. He is a disgraced felon who is experiencing pain and
remorse and punishment. The punishment and suffering he has inflicted upon himself, while
surely not as severe as imprisonment, is nevertheless real and substantial. And we hope that with
punishment also goes mercy for a good man who did bad things, knows he did bad things, and
has demonstrated his commitment to making amends.

[Runscott]

I'm confused - is he a genuinely good man who every now and then screws people out of their money when he isn't making religious treks, contributing to charities or helping others recover from their sins, because he has random personal definitions of 'right' and 'wrong'?...

or did he finally figure it all out once he was caught and now he is always genuinely good?

It sounds like his lawyer would have us believe that during this 'post getting caught' period he figured all of this out and imposed an 'I am miserable because I got caught' sentence on himself, and so now he has appropriately punished himself. So he's good, evil and also a judge and sentencer?

This sounds like a lot of horseshit.

[buymycards]

Originally Posted by Peter_Spaeth

Taking Bill away from all the people who depend on him and whom he has served with
devotion and passion—like the dozens of people in AA he sponsors and the hundreds of people
he has taken at his own expense on religious pilgrimages, the many others to whom he ministers
walking the housing projects of Chicago, and the countless others he has helped through his
generous giving to worthy causes—would have unintended and far-reaching adverse
consequences .

Wow, he reminds me so much of Gandhi. I'm thinking Nobel Peace Prize. Should we start a petition?

[SMPEP]

I have no clue how to link a you tube video to this webboard, but if I knew ... this is what comes to mind:

https://www.youtube.com/watch?v=pDmGhethEoQ

[turtleguy64]

your last word describes the whole matter.who is speaking for the wronged here ?the most important words for anyone facing justice : lawyer up !

[calvindog]

Lots of strong advocacy here on Net 54. Of course none of it will be seen by the judge -- just my effort to get victims to speak up which is criticized by falsely claiming I have a financial stake in this.

[Kenny Cole]

Some will be seen, although unfortunately not nearly enough.

[calvindog]

Originally Posted by Kenny Cole

Some will be seen, although unfortunately not nearly enough.

Only those who write to the judge. He's not surfing Net 54.

[Peter_Spaeth]

Bill's lawyers respond to the letters written a couple of years ago, but do not appear to address more recent ones which appear to be under seal, docket entry 178 dated July 15. (Unless there is a separate sealed portion of the memo addressing them.)



We acknowledge and respect the eleven former customers of Mastro Auctions who have
submitted victim impact letters to the Court during the past two years ago. (Doc. Nos. 90, 91,
112, 113, 114, 124, 146, 147, 150); (Supplemental Report to S.R.). As the Court is aware, this
case has generated widespread publicity and media attention, even prompting internet posts
encouraging former customers to write directly to the Court.20 Respectfully, and without in any
way diminishing the seriousness of Bill’s offense, it is incumbent upon us as counsel to address
some of the letters’ unsubstantiated allegations and to correct basic factual errors and omissions.

[Peter_Spaeth]

In sum, we respectfully submit that any term of imprisonment would create unwarranted
disparity between Bill and the numerous defendants who have received non-custodial sentences
for far more serious crimes, including those who flooded the market with outright forgeries and
who fixed commission rates for the world’s two leading auction houses. The need to avoid
unwarranted disparities counsels strongly in favor of probation for Bill.

(Part of this argument was based on the no prison term sentence given to the president and CEO of Sotheby's in the price-fixing case.)

[Rob D.]

Thank you for all of your effort on this Mastro thing, Peter.

[Peter_Spaeth]

Originally Posted by Rob D.

Thank you for all of your effort on this Mastro thing, Peter.

A few cut and pastes was all really.

[Jay Wolt]

I don't get it, you can be a con man, thief & a crook & you hand a judge letters of support from friends & family and that will help you get exonerated?
Guess you don't need to tow the line if there really isn't true repercussions.

[bnorth]

Originally Posted by Jay Wolt

I don't get it, you can be a con man, thief & a crook & you hand a judge letters of support from friends & family and that will help you get exonerated?
Guess you don't need to tow the line if there really isn't true repercussions.

You forgot to add narc off your friends and associates. It is amazing how most scum always find "religion" only after being caught.

[Peter_Spaeth]

As many of the letters submitted to the Court attest,3 Bill’s public
confession had such a profound effect precisely because he was a pioneer within the industry,
professionalizing and improving the experience for consignors and collectors alike.
Those letters provide the specific, first-hand evidence of Bill’s profoundly positive
influence on the industry despite his transgressions.

Marshall Fogel, a former prosecutor,
practicing attorney, and nationally known collector of baseball memorabilia for more than 25
years, witnessed the growth of the sports memorabilia industry from its early beginnings. (Ex.
3). He credits Bill with transforming a “nascent struggling hobby” into the “thriving $100
million per year industry” that it is today. According to Mr. Fogel, Bill’s creation of descriptive,
detailed auction catalogs not only increased public access to quality memorabilia, but also
“single handedly legitimized the sports collectibles industry.” Mr. Fogel credits Bill as the
person “who introduced the trend of writing clear descriptions of items, including information on
provenance,” which helped “collectors obtain higher quality inventories with greater value than
ever thought possible.”


James Spence, an independent autographed memorabilia authenticator, similarly
describes Bill “as a trailblazer in legitimizing the sports memorabilia industry.” (Ex. 4). Mr.
Spence believes that Bill “deserves exclusive credit for pioneering what has become today’s
standard of integrity in the autographed memorabilia business.” It was Bill’s commissioning of
authenticators like Mr. Spence to “separate authentic items from those which were forgeries”—
previously undetected in the industry—that allowed Mastro Auctions to be “the first to offer a
product that would garner both universal trust and authentic value.” Mr. Spence recalls that,
before Bill’s “intervention” into the authentication of items, it was the standard practice for
auction houses to accept and sell any items from large consignors, regardless of authenticity.
Importantly, other auction houses, dealers, and collectors eventually followed Bill’s example,
which is why Mr. Spence concludes that the sports memorabilia industry has “been a better
business environment ever since Bill’s involvement.”


John Scott, a former auction house owner who has been involved in the baseball card and
sports memorabilia industry since 1976, has written a letter of support for Bill even though they
were once fierce competitors. (Ex. 5). He too describes Bill as someone who “promoted value”
in the industry and as a “proponent of authentication.” Even though Mr. Scott often competed
with Bill to obtain collection consignments, Mr. Scott recalls that Bill and his companies were
always “professional and congenial.” Bill has openly and frankly discussed his misconduct with
Mr. Scott, leaving him certain that Bill is genuinely remorseful for the harm that he has caused
clients and the industry.

Thomas O’Connell, a longtime hobby journalist and the former editor of Sports
Collectors Digest, has written extensively about the sports memorabilia industry and auctions.
(Ex. 6). He has known Bill for about 25 years and has spent a significant amount of time with
him while writing articles about Mastro Auctions. Mr. O’Connell believes that “many of the
important auction rules and safeguards for both consignor and bidder were heartily championed
by Bill over the last 20 years.” Despite Bill’s offense conduct, Mr. O’Connell can state with
“assurance that the sports memorabilia hobby/industry is deeply indebted to him for much of the
work that he has done and in his efforts to raise the profile of his business and to ensure that the
hobby was as honest and as transparent as possible.”


Rex Stark, a full-time dealer in historical Americana for 37 years, also recognizes Bill as
someone who has “contributed tremendously to the high visibility and nationwide appeal of
sports collecting today.” (Ex. 7). Just as Bill has confessed to others, Bill admitted his
transgressions to Mr. Stark, and expressed his remorse to him. Still, Mr. Stark considers Bill to
be “one of the most honest, reliable, and hardworking people in the business.” As an industry
insider for nearly four decades, Mr. Stark believes that Bill’s “public acceptance of responsibility
will highlight conduct that is in fact very commonplace in the world of auctions,” and that Bill
will, in this way, “once again contribute to making the auction business more reliable and
transparent.”

[whitehse]

As someone who knows zip about the law....how much of an impact will these letters written on behalf of Mastro help his case? I am sure it depends on many factors but in general, do letters like this from either side sway the judge in any way?

[Peter_Spaeth]

Sorry could not resist one more.

Not only, Randy [his brother]
writes, did Bill serve “tens of thousands of satisfied customers in facilitating hundreds of honest
transactions that helped collectors realize fair value for authentic goods,” but he “helped
transform a hobby populated by oddballs and misfits into what it is today—a respected field for
serious collectors and enthusiasts alike.”

Seems to me the hobby is still populated by oddballs and misfits.

[HRBAKER]

....and fraudsters - part of the charm, no doubt.

[Runscott]

Originally Posted by Peter_Spaeth

Randy [his brother]
writes, did Bill serve “tens of thousands of satisfied customers in facilitating hundreds of honest transactions..."

The above really says it all.

[darwinbulldog]

Originally Posted by Runscott

The above really says it all.

Ha! I didn't even notice that. It's the greatest backhanded compliment I've ever seen.

[Boccabella]

http://www.sportscollectorsdaily.com...out-of-prison/

[bcornell]

Originally Posted by Boccabella

http://www.sportscollectorsdaily.com...out-of-prison/

"Monico stated Mastro would never again be involved in the sports memorabilia industry. “He cannot and would not go back. His case is now an epic tale within the industry, a lesson to all about the consequences of auction-related misconduct.” "

I will believe that when I (don't) see it. I'd bet on Mastro crawling out from under his rock before everything is said and done.

Also, for the love of everything holy, can we please stop referring to this 500-person hobby as an "industry"? Thank you.

[Runscott]

Originally Posted by bcornell

"Monico stated Mastro would never again be involved in the sports memorabilia industry. “He cannot and would not go back. His case is now an epic tale within the industry, a lesson to all about the consequences of auction-related misconduct.” "

I will believe that when I (don't) see it. I'd bet on Mastro crawling out from under his rock before everything is said and done.

Hard to say. Out of the crooks who wound up back in the hobby, we have had thieves in some areas of vintage sports collectibles 'go straight' because it profited them to do so. We have had other hobby crooks go straight because the idea of going back to prison was very distasteful. And then we have Mr. Nash, who I have not yet figured out. But I think you are right - they got into the hobby because they loved it, and if they can get involved again after getting caught, they generally do. Kind of like battlers on discussion boards getting banned, but finding their way back, despite the beatings they know they will inevitably take.

On the opposite end of the honesty spectrum, some hobbyists have always been honest and respectable, and always will be - just because it's who they are. Don't make the mistake of believing that crooks ever get to move into that category - it's not their nature. All we can hope to do is contain them.

[bcornell]

Scott -

Just a guess on my part re: Mastro. Maybe he'll actually stick to the philanthropy that he's credited with. However, if you'd forfeited your integrity and were essentially barred from any other work, the baseball card hobby has a door that never closes...


Bill

[HRBAKER]

Bill,

We're the Mother Theresa of hobbies.

[drmondobueno]

Tanj.

[Peter_Spaeth]

Originally Posted by whitehse

As someone who knows zip about the law....how much of an impact will these letters written on behalf of Mastro help his case? I am sure it depends on many factors but in general, do letters like this from either side sway the judge in any way?

The memo addresses this.

Because a defendant’s record of charity and good works may justify a lenient sentence—
indeed, a probationary sentence—it is common enough for white-collar defendants to seek mercy
based on their purported generosity and character. As a result, sentencing courts may be
skeptical, understandably, of white-collar defendants who pursue leniency through “checkbook
philanthropy.” Although that skepticism is warranted in some cases, it simply is not merited
here. The 223 character letters presented to the Court attest to Bill’s uncommon humanity and
commitment to helping others—what the Senior Probation Officer describes as a “genuine sense
of altruism” long predating the “instant criminal investigation.” (S.R. at 2). These letters are
written by men and women who have witnessed and been enriched by Bill’s generosity and
selflessness first-hand—family members and friends, business associates and religious clergy,
fellow addicts in recovery and fellow volunteers. Taken together, the letters demonstrate that
Bill’s extraordinary, decades-long dedication to service exists at the core of who he is. The
letters attest to the quiet way in which Bill serves others—never seeking credit or acclaim—and
to his meaningful and selfless good works. We respectfully submit that the character revealed by
Bill’s charitable acts, as well as the genuine remorse evidenced by his acceptance of
responsibility and substantial cooperation, merit leniency.

[Kenny Cole]

Originally Posted by Peter_Spaeth

The memo addresses this.

Because a defendant’s record of charity and good works may justify a lenient sentence—
indeed, a probationary sentence—it is common enough for white-collar defendants to seek mercy
based on their purported generosity and character. As a result, sentencing courts may be
skeptical, understandably, of white-collar defendants who pursue leniency through “checkbook
philanthropy.” Although that skepticism is warranted in some cases, it simply is not merited
here. The 223 character letters presented to the Court attest to Bill’s uncommon humanity and
commitment to helping others—what the Senior Probation Officer describes as a “genuine sense
of altruism” long predating the “instant criminal investigation.” (S.R. at 2). These letters are
written by men and women who have witnessed and been enriched by Bill’s generosity and
selflessness first-hand—family members and friends, business associates and religious clergy,
fellow addicts in recovery and fellow volunteers. Taken together, the letters demonstrate that
Bill’s extraordinary, decades-long dedication to service exists at the core of who he is. The
letters attest to the quiet way in which Bill serves others—never seeking credit or acclaim—and
to his meaningful and selfless good works. We respectfully submit that the character revealed by
Bill’s charitable acts, as well as the genuine remorse evidenced by his acceptance of
responsibility and substantial cooperation, merit leniency.

I just threw up in my mouth.

[Jay Wolt]

Originally Posted by Peter_Spaeth

The memo addresses this.

Because a defendant’s record of charity and good works may justify a lenient sentence—
indeed, a probationary sentence—it is common enough for white-collar defendants to seek mercy
based on their purported generosity and character. As a result, sentencing courts may be
skeptical, understandably, of white-collar defendants who pursue leniency through “checkbook
philanthropy.” Although that skepticism is warranted in some cases, it simply is not merited
here. The 223 character letters presented to the Court attest to Bill’s uncommon humanity and
commitment to helping others—what the Senior Probation Officer describes as a “genuine sense
of altruism” long predating the “instant criminal investigation.” (S.R. at 2). These letters are
written by men and women who have witnessed and been enriched by Bill’s generosity and
selflessness first-hand—family members and friends, business associates and religious clergy,
fellow addicts in recovery and fellow volunteers. Taken together, the letters demonstrate that
Bill’s extraordinary, decades-long dedication to service exists at the core of who he is. The
letters attest to the quiet way in which Bill serves others—never seeking credit or acclaim—and
to his meaningful and selfless good works. We respectfully submit that the character revealed by
Bill’s charitable acts, as well as the genuine remorse evidenced by his acceptance of
responsibility and substantial cooperation, merit leniency.

If I skimmed a ton of money I'd be generous too!
I would have that excess of funds that I can shower my friends & family with.
But since I'm not a crook, I have little money to spend on friends & family

[jcmtiger]

I know Bill Mastro had a massive collection, does anyone know if he still has it?

Joe

[Jay Wolt]

Originally Posted by jcmtiger

I know Bill Mastro had a massive collection, does anyone know if he still has it?

Joe

His attorneys probably own that fine collection

[Peter_Spaeth]

To begin, though some of those letters concern alleged shill bidding at Mastro Auctions,
many do not. See Doc. Nos. 90, 114, 150. Several do not even contain specific allegations of
misconduct, by Bill or anyone else. See, e.g., Doc. Nos. 124, 146; Supplemental Report to S.R.
at 3-4. Certainly, these letter writers felt aggrieved by Bill’s conduct. And we do not intend to
minimize Bill’s conduct, for which he has taken, and continues to take, full responsibility. We
simply observe that most of the letters submitted to the Court do not relate to Bill’s offense
conduct, convey allegations neither established nor relied upon by the Government and, in
multiple instances, do not even allege any specific wrongdoing.

Moreover, several of the letter writers assume they were victimized by shill bidding
because the items they purchased, or related items, subsequently depreciated in value. But such
allegations simply do not suggest, let alone prove, shill bidding. Scott Joy, for example, writes
that he has “no proof I was shilled but it sure feels like it” because some of the cards he
purchased from Mastro Auctions have resold for “50-70% of what I paid.” (Doc. No. 113). Mr.
Joy does not identify the specific items in question. But even accepting that Mr. Joy’s purchases
were subsequently resold at lower prices, that does not mean—or even suggest—that the original
sales were affected by shill bidding. Items purchased at auction reflect one person’s
idiosyncratic valuation; sometimes collectibles, like many other market goods, lose value.


Similarly, Richard Levy writes that he “feel[s] that it is likely that I was a victim of shill
bidding” on the Jackie Robinson game-used bat that he purchased for $82,356 because other
Robinson bats have since realized lower prices at auction; thus, Mr. Levy concludes, the price at
which he purchased his bat must have been artificially inflated by shill bidding. (Doc. No. 91).
Mr. Levy’s feeling is inconsistent with the available evidence. First, Mr. Levy’s final bid on this
item was actually a ceiling bid of $90,798, which means that Mr. Levy was voluntarily prepared
to pay any price up to $90,798 for this bat. But Mr. Levy was not “bid up” to his ceiling: he won
the bat for $82,356. Second, this specific bat—the only available “game-used” bat from
Robinson’s 1949 MVP season—had unique historical significance, which explains why it sold
for a higher price than other Robinson game-used bats available in the market.21 Third, Mr. Levy
alleges that the value of his bat has not risen because a different Robinson game-used bat sold for
$83,650 in August 2011. But in fact, in July 2013, Mr. Levy’s exact bat was resold for more
than $156,000—approximately 57% higher than Mr. Levy’s purchase price.


Steven Cummings also claims to have been a victim of shill bidding and requests a
refund of the “over charges incurred during the shill bidding process.” Although he has never
met Bill, he goes on to suggest that Bill suffers from a personality disorder and “major character
defect.” (Doc. No. 124). Like Mr. Levy and Mr. Joy, there is no evidence whatsoever that Mr.
Cummings was a victim of shill bidding. Just the opposite: like Mr. Levy, Mr. Cummings won
several lots for less than the maximum prices he had voluntarily bid and was willing to pay. For
example, Mr. Cummings won a first-edition 19th-century baseball publication, for which he had
placed a ceiling bid up to $10,454, for $4,875. He won an early 20th-century baseball
publication, for which he had placed a ceiling bid up to $25,286, for $17,270. He won an
autographed 1928 Ty Cobb biography, for which he had placed a ceiling bid up to $4,506, for
$3,076. And like Mr. Levy’s bat, all of these items were ultimately resold at higher prices at
auction.

Again, we offer these clarifications without intending, in any way, to minimize the
seriousness of Bill’s crime or to diminish Bill’s acceptance of responsibility. Bill apologizes to
customers and colleagues in the industry for any harm he has caused them. Given all of the
publicity surrounding Bill’s offense, as well as the solicitations on hobbyist message boards to
contact the Court, see supra note 20, it is certainly understandable how it came to pass that
eleven former customers wrote to the Court to share their grievances. We respectfully submit
that the hundreds of letters of support on Bill’s behalf, scores of them written by former
customers and colleagues, provide meaningful context for the eleven that the Court has received
directly.

[Peter_Spaeth]

Finally, while Bill certainly profited from his offense, he was motivated less by greed
than unhealthy competitiveness and a misguided sense of “‘duty’ to protect sellers from bids that
were ‘too low’ for the ‘real value’ of their items.” (Defendant’s Version at 5). This is
corroborated by the fact that the total amount of unexecuted final ceiling bids (that is, where the
buyer purchased an item for less than his ceiling bid) was nearly $14 million—dwarfing the
agreed-upon estimated loss figure here by an order of magnitude. Had Bill been motivated
purely by greed, nearly $14 million of ceiling bids would not have remained unexecuted. Of
course, Bill’s crime is not mitigated by the fact that he did not commit a more severe one, and he
was wrong to artificially increase the prices paid by any buyers. But he did not act primarily out
of a desire to enrich himself—to the contrary, as several character witnesses attest, Bill gave
away much of his net worth, and certainly any financial profit that he personally derived from
this scheme, to others in need.

[toppcat]

Originally Posted by drmondobueno

Tanj.

A fellow Larry Niven fan?

[HRBAKER]

There is certainly a great deal of bid detail provided in his attorney's response, I guess there are some bid records that survived.