Mastro sentencing update

[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.

[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

[WhenItWasAHobby]

Originally Posted by Peter_Spaeth

AMarshall 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. ”

Reading through all of the testimonials, I find this statement highlighted in bold as being more damaging than obviously intended. I love participating in nascent struggling hobbies rather than high-dollar mature industries any day of the week.

[nolemmings]

Seems to me Bill was more interested in dealing with a nescient and not nascent hobby.

[Peter_Spaeth]

I don't know what that word means, I guess that makes me nescient.

[Runscott]

Originally Posted by WhenItWasAHobby

Reading through all of the testimonials, I find this statement highlighted in bold as being more damaging than obviously intended. I love participating in nascent struggling hobbies rather than high-dollar mature industries any day of the week.

He saw an industry with un-tapped potential, which needed a few questionable jump-start techniques in order for guys like himself, Marshall and James to realize their own personal financial potential (they were all "nascent" as well).

[vintagewhitesox]

I practice in that building and in front of that judge often.
I take a slightly different view, but I understand the ire and anger towards Mastro for what he has done to this hobby.

His lawyers are just acting as zealous advocates for their client. Under the federal sentencing guidelines, a judge can consider both the actual federal guidelines (ussc.gov), as well as something called the "3553(a)" factors, which are characteristics of the defendant that the guidelines don't consider. These factors include the nature and circumstances of the offense, the personal history of the defendant, the risk of recidivism and harm to the public.

I have countless times given character letters to judges recounting my clients good deeds and selfless acts, despite being convicted of drug and gun trafficking, human trafficking, and also wire and health care fraud. The important thing is to sentence the entire person, not just the act for which he's plead guilty.
In that sense, I understand where his attorneys' are coming from. As a collector and someone who has bid in mastro's auctions, is disappointing, to say the least.

[travrosty]

Originally Posted by vintagewhitesox

I practice in that building and in front of that judge often.
I take a slightly different view, but I understand the ire and anger towards Mastro for what he has done to this hobby.

His lawyers are just acting as zealous advocates for their client. Under the federal sentencing guidelines, a judge can consider both the actual federal guidelines (ussc.gov), as well as something called the "3553(a)" factors, which are characteristics of the defendant that the guidelines don't consider. These factors include the nature and circumstances of the offense, the personal history of the defendant, the risk of recidivism and harm to the public.

I have countless times given character letters to judges recounting my clients good deeds and selfless acts, despite being convicted of drug and gun trafficking, human trafficking, and also wire and health care fraud. The important thing is to sentence the entire person, not just the act for which he's plead guilty.
In that sense, I understand where his attorneys' are coming from. As a collector and someone who has bid in mastro's auctions, is disappointing, to say the least.

There are just so many, good, decent human traffickers out there, this makes me puke.