- 19 - that Randy Hall’s involvement in the scheme began before that time. Mr. Perry also testified that Mr. Feinsmith was the only one who dealt with the promoters on behalf of Randy Hall and that Mr. Feinsmith was the only Randy Hall shareholder who actually knew the promoters’ identity. The record indicates that Randy Hall purchased almost half of the false invoices before Mr. Feinsmith joined the company and that one of the promoters was wary that either Mr. Perry or Mr. Rosenthal would reveal the promoters’ identity to the authorities. We also bear in mind that Mr. Perry is an indicted criminal who pleaded guilty to his part in the scheme. Given the additional fact that Mr. Feinsmith was not charged in the scheme and that Mr. Feinsmith cooperated with the investigation of the U.S. Attorney’s Office, including on at least one occasion secretly recording a conversation with an unidentified individual, we view Mr. Perry as a biased witness with animosity towards Mr. Feinsmith. In fact, Mr. Perry even indicated during his testimony that he has ill will towards Mr. Feinsmith and that he has an amiable, longstanding relationship with the other shareholder, Mr. Rosenthal.5 We also note that Mr. Feinsmith, because he is dead, is unable to rebut personally Mr. Perry’s testimony and that Mr. Perry displayed during his testimony a poor memory as to many facts, even acknowledging on various 5 Mr. Perry even went so far as to testify baldly that Mr. Rosenthal had received none of the cash paid by the promoters.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011