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OPEN LETTER TO JUDGE DEBORAH A. BATTS  
August 27, 2010
[Certified # 7009 2820 0002 2073 1470]
 
RE: Sentencing  of Robert “Blabber Mouth” Moffat
 
Case Name:  USA v Robert Moffat, 1:10-cr-00270-DAB
U.S. District Court for the Southern District of New York,
 
Dear Judge Batts:
 
I have gone back and forth over whether to enter my 2-cent into
this case.  I had decided to refrain from doing so until I read the
Sentencing Memorandum submitted by Mr. Moffat’s attorneys,
Kerry A. Lawrence and Kenneth I. Schacter.  They mis-portrayed
Mr. Moffat to the nth degree !  They misrepresented Mr. Moffat’s
predisposition, mindset, propensities, etc.
 
1)  The Times Herald produced an article shortly following
Mr. Moffat’s arrest, with the title: “IBM exec's arrest leads to
'cheering in the halls'“
http://www.recordonline.com/apps/pbcs.dll/article?AID=/20091016/BIZ/910169965
IBM’s rank and file certainly did not perceive Mr. Moffat as a
soft, teddy bear, gentle giant.  Far to the contrary !
 
2)  Then there’s this matter of Mr. Moffat being as honest as
the day is long, etc.  Mr. Moffat played a significant role in the
outrageous IBM PONZI scheme as outlined in Devon IT v. IBM, 
USDC Eastern Pennsylvania, 2:10-cv-02899-JHS (June 2010)
http://www.philly.com/philly/blogs/inq-phillydeals/John_Bennetts_Devon_IT_accuses_IBM_of_fraud_in_100M_lawsuit.html
 
Excerpt - “Defendants engaged in the Ponzi scheme outlined above
for their own personal benefit, to increase reported revenue in STG,
in which the RICO Defendants work. At relevant times during 2008
and until February 2009, these individuals were under the formal
direction and control of former Senior Vice President, Robert Moffat
(“Moffat”). Moffat served at Senior Vice President and Group Executive,
Systems and Technology Group at IBM, during 2008 and early 2009.”
 
Even Madoff would blush !  It is significant that this is the same time
frame during which Mr. Moffat was having his fling with Ms. Chiesi. 
Very interesting.
 
3.  But the real kicker is all this business about “NO PROFIT”.  
(His broker and banker know otherwise !)  It is mystifying how
Mr. Moffat and his attorneys define “PROFIT”, but SEC records
show that Mr. Moffat and IBM CEO, Samuel J. Palmisano, just
happened to make big, big stock trades in their IBM stock shares
during August-October 2008.  That’s the same time period during
which Mr. Moffat admitted he was whispering “sweet nothings”
into Danielle Chiesi’s ears, or vice versa.  Funny coincidence in
timing, or so Mr. Moffat would have the Court believe.  The following
SEC links contain details of the above referenced IBM stock trades of
Mr. Moffat --
http://www.sec.gov/Archives/edgar/data/51143/000118143108048113/xslF345/rrd215976.xml
http://www.sec.gov/Archives/edgar/data/51143/000118143108048108/xslF345/rrd215975.xml
http://www.sec.gov/Archives/edgar/data/51143/000118143108048106/xslF345/rrd215974.xml
http://www.sec.gov/Archives/edgar/data/51143/000118143108048100/xslF345/rrd215974.xml
 
Scottrade IBM 5 year chart
http://research.scottrade.com/public/stocks/insiders/insiders.asp?duration=1800&transtype=all§ion=transactions&FirstRow=200
 
Mr. Moffat was Chair of IBM’s Compensation Committee and the
Protégé/Confidant/Heir Apparent of IBM’s CEO.  Mr. Moffat had
preview/input to what key announcements were going to be made,
and when.  (Talk about The Fox guarding The Chicken Coop…) 
That’s what made him such a valuable catch for Danielle “Hot Lips” Chiesi ! 
Mr. Moffat’s $12,000,000 sale of his IBM stock shares in August 2008
was hardly a fluke that just happened to fall within the carefully crafted
“rules” which his Committee prescribed.   How convenient !
 
Conclusion
 
“Blabber Mouth” Moffat
got The Broad (Chiesi),
got The Bread ($$$$$), and now should
get The Bars (prison) !!!
 
That’s the determent that speaks the loudest.
 
[Excerpt from IBM Prison Poetry: Madoff Move Over ! ]
© 2010 Madame P J Bailey Newark, New Jersey USA. All rights reserved.
 
Little Ms. Tough-It
 
Little Ms. Tough-It,
Sat on a Moffat,
Scheming and weaving her tale.
She sat down besides him,
Then smiled, turned the lights dim,
Now Moffat is facing the jail !
 
       
                                                                          Submitted By,
 

                                                                          Carolyn Bailey, Amicus Curiae
       
       
cc:  Andrew Zenner Michaelson, Esq.  
      [Certified # 7009 2820 0002 2073 1487]

       Kerry Andrew Lawrence, Esq.  
      [Certified # 7009 2820 0002 2073 1494]

       Kenneth Ian Schacter, Esq. 
      [Certified # 7009 2820 0002 2073 1500]
 
FYI copy to persons with interest in the case
 
* * * * * * * * * * * * *

ADDITIONAL LINKS RE SENTENCING -

Lawyers blame ex-Conn. IBM exec's crime on affair
By Larry Neumeister, The Associated Press
http://stocks.usatoday.com/custom/usatoday-com/html-story.asp?guid=%7B9dcad20f%2Dba2d%2D4525%2Daf74%2D4f094de2b43f%7D
 
Former IBM Executive Realizes He Was ‘Played’ by Galleon Mistress
http://nymag.com/daily/intel/2010/08/former_ibm_executive_says_he_w.html
 
Moffat: His Mistress Made Him Do It
http://dealbook.blogs.nytimes.com/2010/08/18/moffat-his-mistress-made-him-do-it/

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POSTED BY MADAME P J BAILEY AUGUST 31, 2010.

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