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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.
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