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Valley of Lakes RICO Class Action against PNCBANK, et al.
ripped edge: Criminal Doc's

		       PAUL R. MAZZONI

					March 27, 1981

Chief Judge William J. Nealon
United States District Court
Middle District of Pennsylvania
Scranton, Pennsylvania 18501

		RE: United States -vs- Jack Halperin 
		    No. 80-00080 Criminal

Dear Judge Nealon:

	As you are aware, Jack Halperin is scheduled to begin serving a term of 
incarceration on May 5, 1981.

	Our client has requested us to file a Motion for Reconsideration of the 
Original Sentence.  In lieu of such a Motion, we wish to alert the Court, by this 
letter, of the precarious situation Mr. Halperin now finds himself.

	It was pointed out to the Court at the time Mr. Halperin entered his "Nolo 
Contendere" Plea and at the time of sentencing that Mr. Halperin did not litigate 
the contentions of the Government because of the Bankruptcy proceedings in the 
Southern District of Florida.  These matters have not been completely resolved.

	Mr. Halperin has until April 6, 1981, to come up with a plan to satisfy the 
creditors in the Chapter 11 proceedings.  The plan must involve commitments 
from lending institutions of between 13 and 15 million dollars.  These commitments 
must be both interim and permanent.  Mr. Halperin has received from a lending 
institution a commitment for the permanent financing and has also indications that 
he will be able to obtain interim financing.  The problem is simple.  These com-
mitments hinge on Mr. Halperin remaining debtor in possession.  Mr. Halperin 
cannot remain debtor in possession if he is incarcerated prior to the resolution of 
the Bankruptcy proceedings.

	Mr. Halperin, as the Court is aware, has successfully refuted the attempt of 
Aetna Business to take over the properties involved in the Bankruptcy proceedings.  
This was in part accomplished because of the credibility of Mr. Halperin and the 
hard work he has demonstrated in attempting to satisfy the creditors.  In addition,

Chief Judge William J. Nealon
Page Two (2)
March 27, 1981

		RE: United States -vs- Jack Halperin
		    No. 80-00080 Criminal

the bad faith acts that Aetna Business had engaged in to date has so permeated
the entire proceedings that it has sufficiently impressed the Couit to rule in Mr.
Halperin's favor.  This is pointed because we suspect that Aetna Business has 
been the source of some adverse comments about Mr, Halperin that may have 
reached this Court and contributed to his present predicament in Pennsylvania.

	The Court had a specific reason for the sentence it imposed and intended 
certain effects of that sentence, The Court certainly did not intend that the 
Chapter 11 proceedings be converted into a straight Bankruptcy proceeding and 
the dilatorious effect that said action would have on creditors and employees.  
The creditors and employees of Mr. Halperin would be unintended victims of the 
Court's sentence.  The matter is so close to resolution that a delay in the 
incarceration date would not effect any result intended by this Court.

	There are numerous reasons for the Court to reconsider its original sentence, 
but now is not the time to address this matter.  What we are only respectfully 
requesting is a four (4) month delay from the May 5th incarceration date.  Further, 
it is respectfully requested that the original sentence be amended to include an 
affirmative recommendation from this Court that Mr. Halperin be placed in a New 
York Half -way House.  Both these requests are consistent with fundamental fairness 
and the interest of justice.

	Thank you for the opportunity to address Mr. Halperin's problem and what 
would be the problem of many creditors listed in the Bankruptcy proceeding in 
this manner.

						Very respectfully yours,



Valley of Lakes RICO Class Action against PNCBANK, et al.

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