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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 1 of 46 Exh. A
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Page 1: Bistrong DOJ Letter - Stanford Universityfcpa.stanford.edu/fcpac/documents/3000/002353.pdf · In regards to:Richard Bistrong The Honorable Judge Richard J. Leon Dear Judge Leon,,

Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 1 of 46

Exh. A

Page 2: Bistrong DOJ Letter - Stanford Universityfcpa.stanford.edu/fcpac/documents/3000/002353.pdf · In regards to:Richard Bistrong The Honorable Judge Richard J. Leon Dear Judge Leon,,

Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 2 of 46

Exhibit A

Letters Submitted for Richard Bistrong

• Accetta, Dr. August

• Amorgianos, Philip

• Amorgianos, Philip (Second Letter re Community Service Proposal)

• Bistrong, Elizabeth

• J.B., Mr. Bistrong's minor son

• Callaway, Michael

• Mr. Bistrong's Narcotics Anonymous Sponsoree

• Desing, Phillip

• Foggio, Robert

• Kaplan, Dr. Sheldon

• Kocaj,Ven

• Kuyper, Dr. Sean

• McGrath, Msgr. Frank

• Nemerson, Steven

• O'Connor, Msgr. Robert

• O'Halloran, Mark

• Reed, Bradford

• Sherrod, Jack

• Soric, Neven

• Strong, Craig

• Vail, Samuel

• Williams, Todd

• Young, Lewis

• Zalewa, Michael

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 3 of 46

June 7, 2012

Dear Judge Richard Leon:

I am writing this letter on behalf of Richard Bistrong. I am August Accetta, MD., a board certified cosmetic physician, in private practice for over 22 years here in Huntington Beach, California. In addition to cosmetic surgery, a significant portion of my practice involves therapeutic, medically necessary procedures. My office employs approximately eight full time employees and a number of independent service providers.

I met Richard approximately 14 months ago through a close friend, who had recommended him to me for management of one of my three websites, which included development, maintenance, and optimization work. He has been open with me in discussing his past criminal conduct, his drug addiction and the sentencing he faces.

I hired Richard in June of 2011 and by August 2011, he had already exceeded the goals we had set out for him. Soon thereafter, Richard began taking on more and more responsibilities at my practice to the point whereby he became my Director of Marketing months ago. This job description includes overseeing the management and efficacy of all three of my websites, review and recommendation of all our marketing decisions, which is a daily task here at the Accetta Institute. In addition, Richard is responsible for streamlining all of our marketing data collection, interpretation, and responses. There are many other functions such as communication efficiency between staff and clients, as well as the branding of the physician and the Institute which Richard also manages.

Richard has been working at this capacity on a five to six day per week basis as well as traveling to California approximately every six weeks in order to assure implementation of the tasks described above. We have had many consultants over the years but most of them were overbearing to my staff and the overall benefits did not outweigh the frustration I received in return from my staff. Richard, on the other hand, works very well with all of my staff. In fact, they look forward to each and every trip he makes out to our California practice.

Page 1

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Richard has an extremely kind and considerate demeanor; in the fourteen months since I had first met him, he has been consistent and genuine as opposed to being superficial and disingenuous as is too often seen in this business.

Over the past year, Richard and I became aware of a very important common thread. This common thread, which unites us on a theological and spiritual level, is our faith. It is the most important thing in my life and something I take seriously. From my close work with him over the last year, I believe that Richard exemplifies this ideal. He has demonstrated this ideal in his knowledge of the many details of our faith, but, most importantly, in his personal and professional actions and dealings with me and my staff. For example, he unfailingly treats my staff with compassion, respect and thoughtfulness. He welcomes inquiries at any time should they have any problems and I see how he interacts and teaches them new skills in a caring, clear and generous way.

Richard is extremely important to my practice particularly at these difficult and unprecedented financially stressed times. He would be sorely missed and a significant loss to our sustainability if we were to lose his services even for a short time.

Most Respectfully,

Accetta, M.D. of the Accetta Institute of Cosmetic Surgery

Page 2

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 5 of 46

gate way community services

Ong QAkohoIAbaseTrtmenL

A Community of Caring. A Commitment to Recovery.

555 Stockton Street, Jacksonville, FL 32204 904.387.4661-fax.389.6244 www.gatewaycommunity.com

940 Bridier Street Jacksonville, FL 32206 In regards to:Richard Bistrong

The Honorable Judge Richard J. Leon

Dear Judge Leon,,

My name is Philip Amorgianos and I am the Director of Juvenile Justice Services for Gateway Community Services, Inc., a non-profit agency based in Jacksonville, FL. One of our programs is Impact House, a moderate security commitment facility for convicted juvenile delinquents with significant substance abuse issues. I am writing to share information about Richard Bistrong for your consideration. Richard approached our organization in the spring of 2010 in order to volunteer with youthful offenders and recovering addicts in our adolescent programs. His tenure at Impact House as a volunteer extended throughout the remainder of 2010 and into the summer of 2011. In February of this year, Richard reactivated his volunteer status (at his own expense) and has been onsite as his schedule permits.

As a rule, our community volunteers fall into one of two categories. There are those that work with the youth in order to enhance their competency in areas such as academics, art, and physical fitness; preparing them for productive lives after commitment/treatment. The second type of volunteer comes from the recovery community; sharing their experience, strength, and hope with respect to learning to live without relying on drugs and crime. As volunteers go, Richard is unique because his interactions with the youth meet both of these criteria. Not only did he speak to them about his issues and background, he worked with them as students, to help them develop valuable skills.

Richard has been candid with the youth about the mistakes of his past and the role that addiction played in that chapter of his life. He has accepted responsibility for his transgressions and is making amends to those he has wronged, most significantly his family. He has freely shared on his personal journey of recovery, assuring our boys that when applied, a relationship with God, the 12 Steps, and a supportive fellowship, can deliver them from a life of drugs and crime. Richard also showed the youth that such issues are not unique to a certain neighborhoods, ethnic backgrounds, education levels, or socioeconomic status. This combination of identification and inspiration made his subsequent work with them in the areas of academic competency much more meaningful and effective.

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 6 of 46

gate way coffim'i.:y ces

Dog aAkohol

A Community of Caring. A commitment to Recovery.

555 Stockton Street, Jacksonville, FL 32204 904.3 87.4661-fax.389.6244 www.gatewaycommunity.com

Once he established a relationship with the youth, Richard's ongoing focus with the boys has been building their reading comprehension and critical thinking skills by processing news articles on topics ranging from sports and entertainment to crime and international affairs. These sessions not only enhanced their skill sets; they broadened their interests. I am sure you know that teaching teenagers is challenging in and of itself, but to hold the attention of this group of youths, all of whom have significant criminal histories as well as substance related issues, requires a level of dedication, skill, and empathy that few people possess. Richard made a valuable contribution to our program from both an academic and a rehabilitative perspective.

I hope this letter sheds light on the man Richard is today and his commitment to using his experience and talents to make the kind of "Impact" on youth that our program was named for. We look forward to his continued involvement in our program as he has proven an ally in our mission: "To provide a full continuum of care that delivers effective treatment and habilitation services to aid in the recovery of individuals suffering from alcoholism, substance abuse and related mental health problems."

Sincerely

Philip Amorgianos Director of Juvenile Justice Services Gateway Community Services, Inc. cc: Brady Toensing, Attorney

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 7 of 46

.Gateway Impact House 1 940 Bridier Street

Conrununitv Jacksonville, Florida 32206 IT 904-354-7545 FAX 904-3564219

•• Services; Inc. www.gatewaycommunity.com

Behavioral Health Services

July 18, 2012

Honorable Richard J. Leon United States District Court Judge United States Court for the District

Of Columbia United States District Courthouse 333 Constitution Avenue N.W. Washington D.0 20001

Re: U.S. v. Richard Bistrong Doc. No.: -

Dear Judge Leon:

My name is Philip Amorgianos, the Director of Juvenile Justice Services for Gateway Community Services, Inc. I recently wrote to Your Honor about Richard Bistrong, on whom the Court will soon pass sentence. As you may recall, Mr. Bistrong has been volunteering for nearlytwo years with Impact House, Gateway's moderate security commitment facility for convicted juvenile delinquents with significant substance abuse issues.

I am writing now to underscore the importance of the work that Mr. Bistrong has done and continues to do with Impact House's difficult but redeemable youth and to urge the Court to consider the impact that his ongoing future work would have on our youth and on our community.

As I stated in my letter, Mr. Bistrong's interactions with our youth are unique. He has made a valuable contribution to our program from both an academic and rehabilitative perspective. He has helped our youth to significantly improve their reading comprehension and more importantly, he has helped them discover the joy of reading and broadening their interests. His students are now reading news articles about a wide range of topics from sports to international affairs. He has not only helped them improve their educational level and life skills, but by sharing his personal journey of recovery he has shown by example how it is possible to be delivered from a life of drugs and crime. Though we cannot predict with any certainty the long term result of his contributions, or how many of the youth will benefit from them, it is safe to say that more of them will go on to live productive lives than would have without his intervention.

I hope I am not overstepping my bounds by asking the Court to allow Richard Bistrong to continue his work with the residents of Impact House through a community service mandate. Someone with his level of dedication, skill and empathy who can hold the attention of such a challenging group of teenagers would be extremely difficult to replace. I can't think of a better way for someone with Richard's past to make amends and reconcile with society.

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 8 of 46

I assure you that if the Court imposes a community service mandate as part of Mr. Bistrong's sentence, that the amount of time he will spend helping others at Impact House and the level of work we will expect from him will be significant and rigorous. We will want him to continue to mentor our youth and train them in various vocational skills. Most importantly, he will be able to give the youth the unlimited individualized attention they need, something we are not staffed to provide. In addition, he will be required to perform additional tasks as needed, including clerical and light maintenance.

I thank Your Honor for your time and consideration. I am available to answer any questions the Court might have about our proposed community service placement for Mr. Bistrong.

Respectfully,

Philip Amorgianos Director of Juvenile Justice Services Gateway Community Services Inc.

diw

FLOIUDA-PEPAaTMNTOF r;i;,,

13,C.AT CHILDREN I

Csto$IKe A -AA I I I / AbweT,,otm,t cc r4vIii.aj 1 j

Some programs funded in Part by the Federal Centerfor Substance Abuse Treatment, The Florida Department of Children & Families, the Department ofJuvenile Justice and the City ofJacksonville.

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 9 of 46

Ms. Elizabeth Bistrong

July 10, 2012

Dear Judge Leon,

My name is Elizabeth Bistrong, and I am the oldest of Richard Bistrong's two children. My father and I are very close, so I feel that it is imperative I share my viewpoint with you.

I am the first to admit that my father is far from perfect, as I have seen him make mistakes on more than one occasion. However, in recent years, I have seen my father show a copious amount of remorse for his human errors and indiscretions. It is not often in my life I have seen my dad cry and these moments will always stay with me. The first time was when my little brother and I went to visit my dad in his substance rehabilitation center years ago. We were confused and scared in this unchartered territory of drug abuse. After going through the program, which was set up for us, my brother and I sat beside my dad where he hugged us and told us how sorry he was. When I looked up and saw the humility and shame in the face of my own father crying as he confronted his mistakes, the sorrow and pain he felt seemed tangible around us.

As my father broke the news of his second divorce, he cried to me for a second time while expressing his sorrow for a mistake which stemmed from his drug addiction. It was in these moments I learned the difference between a bad person who makes bad decisions and a good person who makes bad decisions. As his daughter, his mistakes have impacted my life, but through words and actions I have seen the pain my dad feels every day knowing he hurt his children. I have also experienced his immense effort to make up for his past and change for the future.

My father has spent a great deal of time reflecting on his past, and I truly believe that his actions reflect those of a man who has learned from his faults. The relationship I presently have with my father is incredibly strong, and I find this to be a direct result of the changes he has made within himself. The man who I lOok to for emotional support, the same man who cheerfully picks up the phone to me every afternoon, is not the same person he once was.

I have seen my father go through a multitude of trials and tribulations, but he has always managed to provide for our family. No matter how immense the problems in my father's personal life were, he always put an emphasis on making sure my brother and I received the best education possible. Even in times where my father's own life was in disarray, he was making sure I understood every ounce of my algebra homework. I owe a great deal of what I know today to my father, He opened my eyes to everything from foreign cultures to politics. When I reflect on some of the most joyous times in my childhood, I see my father leading my brother and I around Israel explaining every site like we were on a guided tour. Although I appreciated all of the good times I had with my father,

1

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I always wished for an even deeper emotional connection between the two of us. In the past few years, I can say for certain that we have achieved that connection.

I have watched my father overcome his problem with drug addiction, a problem that disrupted our lives greatly at one time. My father's drug use changed his personality and I saw him make decisions he would never have made normally. I am very proud to say that instead of worrying about my father's health, I now look to him as my own personal fitness trainer. I have become an avid runner just like my father.

When it came time to begin applying for college, I looked to my father for advice on how to start a new chapter of my life. No matter how indecisive I became, he was there 110%, helping me write essays and perfect my resume. After I chose to attend the University of Alabama, the two of us visited campus together, and my dad fully immersed himself in every aspect of the school, from the academics to football. It felt very refreshing to have him just as excited about my decision as I was.

During my past two years attending Alabama, I have been through many transitions on my own that would not have gone as smoothly without my dad's continued support. Having someone that I can fully depend on has been vital to my success as a student. While my father paying fully for my tuition and books is a blessing, I am even more thankful for how strong of a person I have become thanks to his encouragement. Going from living in a community where I didn't know a stranger to a campus 8 hours away was no small feat, but my father was there for me every step of the way. We speak on the phone almost every day and discuss everything from grades, to my social life, and even romantic interests. If you had told me years ago that my father would become the first person on my speed dial I might not have believed you, but he has truly become a different person.

I have completed my sophomore year of college having maintained a 3.8 GPA all year, something I am rather proud of. To say that I have done this all on my own would not be valid; my father has contributed significantly to my success in the classroom as well as in my personal life. I know that my father has made some very poor judgment calls in his life, but I have watched him work every day at becoming a better individual. I have faith in my father and his future, I know only good things will come from here on out.

Most Sincerely,

Elizabeth Bistrong

cLtZQ3

2

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 11 of 46

July 11, 2012

To: Judge Richard Leon

Dear Judge Leon,

My name is 1101JI110ft son of Richard Bistrong. I write this letter to provide you with a first hand account of my father over the past six years of his life in hope that I can provide you with a more tangible understanding of who he was as a human being compared to who he currently is.

When I was in fourth grade, I was informed my dad was going to rehab for a cocaine addiction. The relationship I had with my dad during his addiction was not good. I didn't see him very often at all, and the little time I did see him, he was either high and happy, or hungover and indifferent about everything. Before his drug addiction, the memories I have are all positive and fun filled.

I did not know about my dad's cooperation and undercover work with the government until after the arrests were made public in January 2010. My dad's recovery from drugs, dealing with a divorce, and his cooperation with the FBI created a trifecta of uninterrupted stress and demands on his time that hurt the ability for my dad and I to patch up our relationship after he got back from rehab. That's not to say he didn't try. We saw therapists and we did outdoor activities together, and tons of other little small things that he thought would help our relationship. Unfortunately due to his cooperation it was hard to mend our relationship because he was rarely in town.

After I learned of the operation, I understood why my dad's stress levels did not drop after his addiction. I am learning to cope with it, but I have had trouble dealing with the bad newspaper articles and have been teased by my classmates. Some of my friends have been told they are not allowed to come visit me when I am at my dad's house.

Since the operation ended, I have really gotten to know my own father. He is a big and important part of my life, especially with school. For example, I have had a big increase in schoolwork and have had trouble coping with all of it. I went to my dad to help me deal with it all and to help me get organized for next year. He has put me into what he calls an academic boot camp, where I have daily assignments that we both discuss. The boot camp is going well and is

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helping me to break up and tackle my summer homework. It is also helping me get organized and prepared for the rest of high school.

If you want external reasons on my dad's transformation as a citizen in the past two years you can look at the community service he does. I can't give you a first person point of view on this. I can only tell you what I see and the example he is trying to set for me. He was not able to explain what he was doing for the government at the time, but since it became public he has told me of his wrongdoing and his regret for what he did. He has told me about the penalties he faces for his mistakes, and he has explained to me and shown me how important the way we deal with our mistakes is.

I love my dad. I realize the person he was at one point in his life, but it has been inspiring watching my dad transform over the past five years. He has transformed from someone who cared about living a lavish lifestyle to caring about his kids and the priceless aspects of life. At one point in my life I thought my dad was not in my life enough. It has been great being able to get to really know my dad over the past two years. He has been trying to be in all aspects of my life, and I truly hope to be able to have time with my father before I leave for college and to continue building our relationship.

Sincerelv

-I-

2

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 13 of 46

Michael A. Callaway

Ponte VedraBéadi1Iorkl

June 15, 2012

Dear Judge Richard Leon,

I am writing to you today regarding Richard Bistrong. It is my hope that my comments will have a

positive impact on your view of Richard as you.decide his future. Please know that this letter was

suggested by Richard only after repeated offers from my wife and me to be of some help.

My wife, Melissa, and I first met Richard two and a half years ago as a result of our common interest in

fitness. He had become a client at the personal training facility (Focus Fitness) Melissa opened after we

both retired from long careers as consultants at Merrill Lynch. We know Richard as a very intelligent,

engaging individual with a strong willingness to help, both professionally and personally. He has a

remarkable dedication to fitness and a healthy lifestyle. I mention this for the obvious reason that it

maybe a stark cQntrasttoparts of Richard's earlier life.

We got to know Richard a' fter he offered, and Melissa accepted, his assistance with the design of the Focus Fitness website and an internet marketing plan During his work on this project Richard showed a

genuine interest in the development and success of Melissa's business He was very knowledgeable,

was responsive to her needs and made every effort to understand her business The result was a very

noticeable increase in visits to the website and a rise in membership She was very pleased with

Richard's work and, as result, has recommended his services to others.

My relationship with Richard has been more of a personal one. We meet for lunch regularly and discuss

our lives, families arid business interests. It is from these discussions that I. learned about Richard's legal

troubles and past deeds. Since we first met, I have been impressed by Richard's candor regarding his

past. He has openly, but with embarrassment and clear remorse, told me of his drug use and other

activities, and their impact on his career and family. He explained the charges, his role and his plea In

any of these discussions, he has never even suggested that his problems have been anything other than self-inflicted.

0

We never knew the old Richard, but we view the Richard that we know as a very disciplined, intelligent

and positive individual His influence on me has certainly been positive Richard is very well read and

knowledgeable on many subjects and often shares that knowledge and research with me If J mention a

subject or an item during our discussions, it is no surprise when 1 later receive follow up articles or

website links via email from Richard As a retired sixty year old trying to maintain strength and stanina, lam pariicülariy, appreciative of the inspiration and information Ihave received from Richard in the areas of fitness and nutrition.

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 14 of 46

Judge Richard Leon June 15, 2012 Page 2

From my discussions with Richard I believe the issue weighing most heavily on him may be the impact

his troubles have had on his children. However, his approach and candor with them has again been

impressive. He has explained to them in detail the mistakes he made and has attempted to use those

mistakes as real life illustrations of what not to do. I know he is fully dedicated to helping them cope

with his mistakes and move on to succeed in school and life.

In summary, we believe Richard well recognizes the magnitude of his mistakes and seems fully

dedicated to and engaged in rebuilding his life, establishing a new career and providing a positive impact

on those around him. While recognizing the realities of the past, we hope that you will also consider the

Richard we know when deciding his fate and future.

Most Sincerely,

Mithaeway

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 15 of 46

Dear Judge Leon,

Thank you for taking the time to read this letter. As we introduce ourselves in Narcotics Anonymous - My name is N& and I am a recovering addict. I am writing this letter for Richard on behalf of myself, and our home group, the Open Minds Group of Narcotics Anonymous in Westport, Connecticut.

Today I have over 15 months clean, and I have known Richard for about as long. I met Richard at a meeting at Silver Hill Hospital in New Canaan, CT. My first impression of Richard was of a kind and compassionate man. He reached out to me at a time when I needed help. He asked for my number and started calling me on a regular basis. Soon after that we began attending meetings together and seeing each other outside of meetings.

In getting to know Richard he told me of his own path, which led him to where he is now. To me, it was as if he was talking about another person. When I think of Richard I think of a humble man who cares deeply about his family, and most of all I think of him as a mentor in my recovery.

When I came to Narcotics Anonymous I had lost everything - I had no job, no drivers license, and no money - and my father was in the late stages of a terminal illness. All I had left were my old associations. People like Richard taught me a new way to live, one in which not using drugs is just the beginning. Richard is a person with whom I feel I can share anything. He is someone who I could count on for a ride when I could not drive, and to help me move when I got my own apartment. I have gained a lot back in the past 15 months. Today I live on my own and have a good job. I recently lost a father, but I have gained a few new friends like Richard, and I stayed clean in the process.

Last month was a huge milestone for Richard, his 5 year anniversary of staying clean. We recently celebrated his achievement in our home group, while understanding that this is a time of uncertainty for him. We cannot escape our pasts and I do not believe Richard is trying to escape his - he is facing life on life's terms today. He is learning from his mistakes and is transforming them into something good. I hope that, as you consider his sentencing, you will consider the contributions he is making to society today, and allow him to continue to be an asset to our community of recovery in Connecticut.

Sincerely -

and the Open Minds group of Narcotics Anonymous

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 16 of 46

To: The Honorable Judge Richard Leon

From: Phillip A Desing, Special Agent, FBI (retired)

Re: Richard Bistrong

Date:

Dear Sir,

7/16/2012

As a 26 year veteran of the FBI who retired in the summer of 2008, I find myself in the unusual position

of writing a letter on behalf of a defendant in an investigation that I assisted with. I have extensive

experience in domestic and international white-collar criminal investigations and in working with

cooperators. I am also a Certified Public Accountant and a Certified Fraud Examiner

By way of background, in the summer of 2006, I was recruited to assist in starting a task force focusing

on international corruption matters for the FBI. It was the first and only program of its kind. The

significance of this commitment was, for the first time, it provided full time investigative resources to

the Fraud Section prosecutors who were tasked with focusing on allegations of FCPA violations. It also

held the promise of improving international cooperation in investigating overseas corruption.

I first met Richard Bistrong in June 2007. At his initial "proffer," he was extremely prepared. In fact, in

my 26 years as an FBI agent, it was the best-prepared and most thorough proffer session I had seen.

The overall theme that developed during these sessions was that there appeared to be systemic

corruption in a specific industry. What also became apparent was that Richard was a very intelligent

and articulate man, but had made some poor decisions because of a substance abuse problem. In

addition, it was apparent by his approach to the proffer session that he was thoroughly committed to

assisting us. Given these factors and Richard's international connections and experience, a decision was

quickly made to use Richard as a "cooperating subject."

Over the course of the next year, I assisted Special Agent Forvour in covering numerous meetings

between Richard and various targets. I found that Richard was 100 % committed to the cooperation and

was the consummate professional at all times.

Given Richard's substantial and, in my experience, unprecedented contributions during the past five

years, I humbly ask the court to grant leniency during sentencing.

Sincerely,

t7 L

Phillip A. Desing

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 17 of 46

Robert Foggio

Florham Park NJ

July 6, 2012

Dear Judge Leon,

I am writing to you on behalf of my friend, Richard Bistrong. I first met Richard in 1981 at the University of

Rochester. As a Junior, I was assigned into a suite of 5 rooms and Richard, a Sophomore at the time, was

one of the suitemates. From the start, Richard and I hit it off, primarily due to our similar upbringing and

desire to succeed at school. Richard was an avid history student and remains very interested in political

history. In 1982, my Senior year, Richard and I lived together, this time by choice, in another suite

arrangement on campus where we continued to build the bonds of a long-term friendship. After I

graduated with a BS degree, I decided to stay at Rochester to earn my MBA, so for the 1983 school year, Richard and I decided to live together again.

The following year, Richard graduated and went to work for his Father and Uncle at Point Blank, a body

amour manufacturer for primarily US police departments. However, before that, we had one last carefree

time together as we backpacked through Europe during the summer of 1984. Once again, the trials and

tribulations of two broke college kids with a Urail pass bound us closer. After that we drifted apart

somewhat as I was still in Rochester and Richard was in Long Island but we still remained dose. In 1986.,l

moved to New York City and we saw each other more frequently. Richardmarriedfirst and l..think the

newlyweds felt responsible forgiving me a home cooked meal on at least a monthly basis.

Life moved on and with marriage, kids and job postings changed, we naturally saw each other less

frequently. Aside from children, I think the biggest change came when Richard's father sold the family business -out from under him and forced him to find another job, which caused him to move to Florida.

Perhaps it was that abandonment, the exposure to international travel that his new job offered and the less

restrictive nature of that business that led him in the wrong direction. I feel guilty for having no idea what

was going on in the details of Richard's life during that time period. I tell myself, that it was because l was

busy with a demanding job and 3 little boys so my time was very limited. While I believe that is the truth, I

still feel I deserted him a bit and I should have been a better friend, seen what he was going through and help him find a different path.

Obviously, Richard's arrest was devastating to both him and his family - emotionally, personally and

professionally. However, I can also clearly see to positive changes that have come about as a result. I saw

Richard become a more caring and devoted father. We had many discussions regarding parenting, my kids

and his. From important things like college selection to the mundane of allowances and cell phone usage..

He recommitted himself more to AA and increased his attendance to meetings. He also fell in love again and married Ven. She has had an incredible positive !uceon him.. He.has relearn9d what commitment really means and taken responsibility for his actions Once the sting operation ended, and it became public,

our friendship reconnected as we had many long discussions about what he had really been doing and what the future held.

It was also at this point that my youngest son was diagnosed with cancer at age 10(2009). As one can

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imagine, this was a difficult time for me and my family. Initially, we went from diagnosis on a Monday to

starting chemotherapy that Thursday. Richard was one the first people to visit in the hospital in

Philadelphia, having taken the train down from Connecticut. He brought an ipad, which had just come out,

as a completely unexpected gift for my. son. It was one of the few things that brought a smile to my son's

face during that week and he spent countless hours using it at the hospital. Throughout our 8 months at

the hospital, Richard remained in close contact. Richard's technology./ internet skills were actually

instrumental in my son not being held back a year in school due to his treatment. Richard told us about

Skype, a relatively new technology at the time, that allowed my son to remain connected to his school,

classmates and friends. He helped us set up the software and laptop to use Skype. Its use allowed my son

to stay "in class" when he was in the hospital and at home. Without Richard's help, I am not sure what we

would have done; it was an incredible boost to my son's morale and state of mind.

During this time period, my son came to realize how many other kids get cancer. He was particularly

distraught when other kids at the hospital would lose their fight. He decided that he needed to start a

foundation dedicated to raising money and awareness for pediatric cancer. My wife help make this a

reality and there is now The Make Some Noise: Cure Kids Cancer Foundation (makenoise4kids.org ). The

foundation is now closing in on raising $1 million for research since its inception. Once again, Richard's

technology knowledge and willingness to help came to our aid. Richard has been continuously involved in

the foundation through contributions and volunteer work. He has provided valuable advice and content for

the website, internet marketing and researched the journey of many of the children that are highlighted on the website.

Richard was also committed to developing a new career. After evaluating his options, he was able to

secure a job with another of our mutual friends from college who owns his own small media business. This

gave him the fundamental knowledge to leverage courses he took at NYU to become a self-sufficient

internet marketing professional. This was no small task as Richard was able to turn what was a goOdwill

gesture from a friend into a potential career— all while managing the requirements of the trials in DC, his

children in Florida and his wife and new home in Connecticut.

Richard is a changed man. Uving through the sting operation and ensuing trials have forced Richard to

reflect and come to terms with his life and lifestyle more so than most people. It is clear to me that Richard

recognizes and accepts responsibility for his actions. During the trials, I came to Washington twice, to

support him the way he supported my family. I was there during his first day of testimony, I saw the tears

as he described how his actions have affected his personal life, in particular the effect this has had on his

children and his relationship with them. He has been open and honest with them, answering their

questions and reflecting on his misdeeds. Almost like an intervention, I believe the last 5 years have

allowed Richard to realize who he. was and he has become a better man because of it. I can see that going

forward, he is committed to making the right decisions and being a good father, husband and friend.

Thank you for the opportunity to provide you with my thoughts regarding Richard.

Respectfully,

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June 21, 2012

Judge Richard Leon C/O Brady Toensing US District Court 1776 Kay Street Northwest, Suite 737 Washington, DC 20006

Dear Honorable Judge Leon:

I am a psychologist licensed by the state of Florida, and I have an independent practice in Jacksonville. I have been in practice in Jacksonville since 1975, and have

provided psychological services primarily to children, adolescents, and families, throughout

MY professional career.

Since December 2005, I have had the opportunity to evaluate and treat md Elizabeth Bistrong, children of Richard Bistrong. I continue to seedft as be

isa high school student at The Bolles School. Elizabeth is now attending college. These children were referred to my practice as a result of their difficulties in adjusting to their father's substance abuse well prior to 2005, and his eventual rehabilitation and attempts at reintegration into their lives. Through my work with the children and Mr. Bistrong, I have had many opportunities to observe him as he worked diligently to take on the role of a responsible father to his children Mr. Bistrong has tried to make amends for his drug use and his absence as a parent during the children's early youthful years and has continued to display commitment to his ongoing substance abuse counseling. His rehabilitation has continued through the course of the children's involvement with me since 2005. To my knowledge, Mr. Bistrong has continued his rehabilitation through another counselor. He continues to participate on a routine basis, by my request, when family therapy is needed.

In this letter, I wish to describe my observations of Mr. Bistrong as he participated in his children's therapy and his own family therapy with and Elizabeth.

At the outset of therapy with Elizabeth and, Mr. Bistrong, was present and participatory in every aspect. of their treatment. Though he was in and out of town on business, he made it a point to call me regularly to inquire about the children's progress and to get recommendations for how he could best improve his parenting. Initially, the relationship between the children and their father was strained, but over the course of treatment, the children came to accept their father and have an ongoing relationship with him as they have proceeded through middle school, high school, and college.

Mr. Bisfröng accepted my recommendations and attempted to implement them toward a better relationship with his son and his daughter In periodic episodes, in which there was conflict between Richard and his children, he worked hard, to try to understand

E W3 COGMED

Working Memory fraining

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their needs while trying to maintain a rational parental approach at doing what was best for them. One example is found in Mr. Bistrong's parental expectations. He does provide the children with their needs and periodic wants, but also has high expectations for them with regard to their responsibilities. Mr. Bistrong, has had several conversations with his son, advising him that without good grades and good study habits, he cannot support -_use of his car. In response, Ift has indicated to me that he wants his father to help him organize himself better, set goals, and encourage him to work toward attaining those goals. Ift recognizes his father's concern about his academic performance and understands his father's effort to ensure that he is afforded the opportunity to attend a good college. These are healthy exchanges between father and son.

Very concerned about the children's schooling, Mr. Bistrong has been available to me, to the teachers, and the administrators of The Bolles School, as the children have proceeded through their academic careers. Elizabeth, his daughter, is currently attending the University of Alabama, studying psychology, whileis a junior at The Bolles School. Mr. Bistrong has met with me on many occasions regarding how best to help motivate them toward greater academic achievement. Mr. Bistrong has had countless discussions with his children regarding his desire for them to succeed in life so as to improve their academic motivation.

At times, Mr. Bistrong could get frustrated at his children's inconsistency, academically, but he would listen to my advice and deal calmly with them and their struggles. Often, my discussions with Mr. Bistrong centered on dealing rationally with adolescent behavior. He was attentive, asked questions, and reported attempts to deal with his difficulties with their adolescent attitude toward school and home responsibilities. Overall, Mr. Bistrong has contributed to the welfare of his children academically, behaviorally, and emotionally, and he continues to do so.

I hope this letter is helpful to you in deciding what is in the best interest ofMW and Elizabeth Bistrong and their father. If I were asked to comment on the impact of Mr. Bistrong's absence from the lives of his children, I would say that they would suffer greatly from his lack of influence and support, his commitment to them and to their success as they grow into healthy, well-adjusted adults with a strong sense of right and wrong, and achievement motivation.

I will be available. to answer any questions you may have with regard to the opiniofls expressed in this letter. If need be, please contact me at the telephone number provided on this letterhead and I will be happy to speak with you regarding my observations of Richard Bistrong.

Sincerely,

Sheldon J. Kaplan, Ph.D. Florida Licensed Psychologist License

SKJrr

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Veneranda (Ven)Kocaj

July 18, 2012

Dear Judge Leon,

My name is Ven Kocaj and I am Richard's wife. We have been together for the past five years and recently celebrated our third wedding anniversary. I would like to begin by thanking Your Honor for taking the time to read this letter, the objective of which is certainly known to you.

While I first met Richard over 14 years ago, we became more recently reacquainted in 2007 at which time Richard relayed to me the personal and legal issues he had begun to face. As painful and difficult as I know it was, he laid it all out - the drug use, the moral transgressions, and the financial wrongdoings. Some of that behavior was especially difficult for me to hear about and worse for him to share, but he did. He also described how he had begun to make amends and was committed to setting his life back on track.

Before we moved forward to build the life we now have, the condition I laid out was direct and simple: as long as we were dealing with the consequences of past wrong-doings, I would stand with and by him no matter what. If, from that day forward there were new actions (morally or legally wrong or objectionable), I would walk away. Very simple, I drew a clear line. I am writing this letter, because I stand here today committed to him, our families and our lives together more than ever, and I humbly and respectfully am asking you to show mercy as you decide on the appropriate punishment for Richard's past failings.

Judge Leon, I certainly am not proud of all my past personal behavior and there are things I wish I had done differently, and therefore have great remorse over. It is really through that lens that I felt the compassion to give Richard a second chance in 2007. He needed help and support, and I believe that I provided that help and became part of the foundation for him to continue on the path to recovery, remorse, and amends. Isay 'part of the foundation' because I know that the biggest part of his recovery was in his own hands, and no amount of love or support from me, or anyone else for that matter, could have caused him to alter paths and become the man he is today.

I understand that supportive and kind words from a wife are expected. However, perhaps out of occupational hazard or my own human nature, I am a highly skeptical individual and believe that I am more careful than the average person in evaluating information. This tendency or trait of mine made for a difficult environment in our marriage during some of the extended cooperation period, as Richard was able to share very few details with me and I had to watch for signs or actions that would give me reason to be concerned. Needless to say, living under those conditions was stressful for both of us and especially for Richard who had to play a role and keep secrets from his wife and children, while trying to rebuild relationships with all of us as a healthy and clean individual. While I did my best to understand and support him under these conditions, there were plenty of times that it just seemed too much to bear - for both of us. His

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children were understandably less understanding and supportive. In fact, the years of undercover cooperation had exacerbated the already strained relationship and mistrust between Richard and his children that was already there as a result of past substance abuse. This was painful and heartbreaking for him, and I cannot describe the emotional toll this took on everyone, especially Richard and his two children.

As difficult as it was for me, I have read the papers, the blogs and public court records after the trial period. I understand the way, perhaps even 'the why', he has been portrayed a certain way. In fact, I have personal friends who saw the articles and called to ask me, "is it true?"

That portrayal may be the image that others who do not know him see. No one knows Richard better than I do and I respectfully offer a different picture of him. Very few people, and perhaps no one other than I, saw the daily tolls that doing undercover work with the FBI took. No moment was truly his, or ours, during that time period. Before every trip, every meeting, every phone call or other activity relating to the operation, the tension was always around us and above us. It is very difficult to describe, other than to say that we felt trapped every day - the thought or feeling that our lives were not ours. That is the way he lived these past five years. To say that day-to-day life was stressful would be a gross understatement. It was impossible to ever forget how serious and complex life really was during that whole time. Some days were harder than others, but there were truly no easy days. Throughout all this he remained committed to me, his loved ones, obeying the government's directions, doing the right thing, staying sober, and strengthening his faith.

Maybe it is because of Richard's history or my training as an auditor, or perhaps both, but I certainly am not easily convinced of the facts and have to see proof before I believe. It is with an auditor's eye, and not simply a wife's heart, that I confirm that in all the time since we have been together, he has lived an honest life, remorseful of his past actions and those he has hurt, and has constantly strived to make amends wherever and however possible. He has been a dedicated and loving husband, a dedicated and supportive father who continues to emotionally fight to regain the trust and respect of his two children, and a loyal friend and colleague to those he has dealt with in business or social interactions. He has tirelessly worked at building a new career, and at the same time continues to donate time and skills to help in the community. His commitment to all these things is unflappable. I have seen it in action and have no doubt that he will continue down this path.

In closing, and with a wife's anxious and loving heart, I again plead with Your Honor to show leniency and mercy as you consider sentencing. Your Honor, this family has suffered, and Richard has suffered most of all; yes, in part because of his own past conduct, but also because of all the private and public toll the government cooperation period took on all of us. While we are all on our way to rebuilding and putting that phase of our lives behind us, I look forward to the day when we can finally focus on good things in this family's future.

R

F!ø

Yenocaj

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I IJtUIIMLSP]

Ii PRECISION IMAGING CENTERS - GATE PARKWAY

7860 GATE PARKWAY. SUITE 123 JACKSONVILLE FL 32256

PHONE: (904) 996-8100 FAX.- (904) 996-8101

PRECISIONIMAGINGCENTERS.COM

7/10/2012

Dear Judge Leon:

I am writing to you about Richard Bistrong. The following may illustrate why I feel compelled to

write this fetter.

I grew up outside of Washington DC and in Boise, Idaho. I obtained my M.D. from the University

of Washington (Seattle), and did my Internal Medicine Internship at the University of North

Carolina. My Residency was done at Duke University. I am board certified in Diagnostic

Radiology.

Although I drank in high school and college, I stopped when I was 25 while I was in medical

school after I stopped playing in a band. I started drinking again casually when I moved to

Florida approximately 10 years ago, but within 5 years was unable to stop drinking of my own

volition. I could not figure out why. I was accustomed to being successful and assumed

anything I decided to do on my own, I could. I realized I needed help for my problem and

sought treatment.

I first met Richard in 2008, when he came to speak at the treatment center I was attending in

Jacksonville, Florida. I was new to recovery and my view of alcoholics was grim. Richard had

been asked by a mutual.friend to tell his story of recovery. He spoke in a guarded manner and

it was evident that he is an introverted and private person (as am I). However, he spoke

honestly about his feelings about the disease of addiction, what happened, and what it is like

now. I could identify with him. Prior to that, I couldn't relate to anyone I had met at the

treatment center.

Through treatment, I learned to surround myself with people who had walked the path of

sobriety. Richard became one of those people for me and through him I have learned to

identify with others and to substitute healthy behaviors for destructive ones.

Over the last 4 years we have kept in regular contact both on the phone and in person. Lunches

with Richard have always been a bright spot, both individually and with groups of friends in

recovery. Richard has helped me specifically by modeling behavior and offering advice. His

children are about the same age as my son. Initially, he helped me by giving me advice on not

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PRECISION IMAGING CENTERS - GATE PARKWAY 7860 GATE PARKWAY, SUITE 123

JACKSONVILLE. FL 32256 PHONE: (904) 996-8100

FAX: (904) 996-8101 PRECISIONIMAGINGCENTERS.COM

making things worse with my son. He has since given me helpful advice on reconnecting, which

has improved our relationship.

Richard and his wife have encouraged me and enabled me to grow and move beyond some of

my social discomfort by having my girlfriend and me over for dinner. Simple things, yes, but .

learning to enjoy social experiences without former destructive crutches has been critical to my

recovery. He has helped make recovery fun and shown ways to create barriers to exit from my

previous way of life. Running is a dominant component of his meditative life and while running

strikes me as torture, his experience with running as meditation has helped me reframe my

approach and relationship with exercise, and incorporate my trainer as a spiritual guide as well

as my friends within the fellowship.

I recently had the honor of attending my home group where Richard was given a medallion for

his 5 years of sobriety. He spoke humbly about the reality of this disease, its lethality, and the

damage it causes to others and ourselves. Most importantly, he spoke about the journey away

from self-destruction to a meaningful life.

Richard has been a vitally important component in my addiction recovery. I will carry the

humility, honesty, and support displayed by Richard as a model. I'm never sure what.our higher

power ultimately has in store for us, but I do know that my friend Richard has helped teach me

how to be responsible for the footwork. I am truly proud and grateful to have Richard as part of

my inner circle of good and sober friends.

Sincerely,

Sean J. Kuyper, M.D. (lw)

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SAINT JOHN CHURCH ROMAN CATHOLIC

July 12, 2012

1986 POST ROAD + DARiEN, CONNECTIcUT 06820 (203) 6554145 + FAX (203) 655-1048

e-mail: [email protected]

Honorable Richard J. Leon United Slates District2 Court Judge United States Court for the District of Columbia United States District Courthouse 333 Constitution Avenue, N.W. Washington D.0 20001

Re: U.S. v R7chard Bistrong

Dear Judge Leon:

As the Pastor of the St. John's Catholic Church in Darien, CT, I am responsible for providing a spiritual home to over 1,700 families and about 2,500 individuals In order to see to the spiritual and sometimes practical needs of this diverse community, the parish has established a number of missions geared to special populations among them our Youth Group, New Covenant House Soup Kitchen and our Caring Committee, which trains our parish volunteers to assist the elderly and homebound. As you can imagine, we are always in need of a few more hands to help administer these important services and to assist with the increasing amount of administrative and manual work necessary for the operation and upkeep of a parish of this size There are always projects that we cannot address because we lack the resources or do not have the individuals with ample time and specialized skills Richard Bistrong has devoted both to St John's.

I was first introduced to Mr. Bistrongby one of St:. John's active parishioners, a neighbor of his who had invited him and his wife to participate in the parish Soon afterwards, I would see Mr. Bistrong and his wife every week at Sunday Mass I became better acquainted with him during our weekly Saturday morning Men's Breakfast, where lie is an active participant in discussion and fellowship. In conversation with him I learned that he has had a deep personal conversion and realizes the importance of the presence of God in his life There is i passage in the Bible that I believe sums up Mr. Bistrong's new goal in life, Seek the Kingdom of God above all else, and live righteously, and he will give you everything you

need." (Matthew 6:33)

For the past five months Mr. Richard Bistrong has been volunteering his time and skills in the highly specialized task of helping to improve the parish website Since Mr. Bistrong began to devote his time to the website he has made a number of significant changes He has improved the appearance of the website by adding photographs and has created separate pages for each of the parish services and common sacraments including interactive forms that parishioners can fill out online He has taken what was a very basic website and turned it into a successful means of communication.

Having acknowledged Mr. Bistrong's ongoing contributions to the parish, it is not just for selfish reasons that 1 am proposing that Your Honor consider allowing him to continue this important work as a means of making amends for his offenses In the time I have known Mr. Bistrong, he has impressed me as being

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extremely remorseful for all of the consequences of his previous lifestyle and as someone who is determined notjust to change his life, but to make reparation for his past wrongdoings. With all due respect to the Court, it seems to me that he can accomplish this more productively in the community than in a prison cell.

I also understand that restitution and reconciliation are not the Court's only concern in sentencing Mr. Bistrong. Pinishment also has its uses and there are many ways to punish someone. However, only some ways address rehabilitation at the same time. I believe community service is one of them.

I propose to the Court that it consider community service, either as a sentence, or as part of a sentence, for Mr. Bistrong and I humbly request that he be allowed to continue his work with St. John's in satisfaction of such a mandate. The tasks I have in mind for Mr. Bistrong are by no means easy. In addition to continuing his work on the parish website, he would be required to perform heavy manual labo4 such as cutting and moving logs and trimming hedges and the humble but important work of daily housekeeping and maintenance of the church and the grounds.

Filing and other clerical work never seems to be up to date and our parish archives need attention. Everything piles up when staff and volunteers go on vacation or take sick leave and a floater who could fill in where and when needed would be a luxury to which we are unaccustomed. Finally, we arein need of someone with a level of computer skills who can keep our website updated and recommend ways in which we can take full advantage of our computers to simplify some of our time consuming administrative tasks. I have for some time wanted to be able to help parishioners benefit from our website and to make the website interactive so that it can be a means of communication for staff and parishioners rather than just provide information. Mr. Bistrong has already begun this task and it is our hope that he will be able to complete it.

1 believe that Mr. Bistrong's community service work at St. John's would be a productive and humbling experience for him and one that will help him to stay the course on his new path. Mr. Bistrong's community service work would be closely monitored and an accounting would be made to the Court or Probation Department in any manner and frequency requested.

May God assist you.in all of your difficult tasks and in deciding an appropriate sentence for Mr. Bistrong.

Respectfully,

Monsignor Frank McGrath Pastor - St. John Church - Darien

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Steven S. Nemerson, PhD, 3D

Jacksonville, FL

July 6, 2012

The Honorable Richard Leon United States District Court

for the District of Columbia

Dear Judge Leon,

I write in support of leniency in your sentencing of Mr. Richard Bistrong.

I have been a sober and active member of Alcoholics Anonymous for almost 30 years. I first met Richard five years ago at an A.A. meeting, when I agreed to be his sponsor. He has remained alcohol- and drug-free since, and has consistently demonstrated a deep commitment to the steps that will ensure his continued sobriety. I am certain that Richard's motive for remaining abstinent is not the effect it might have on the disposition of his case, and I am convinced that his recovery from substance abuse will prove permanent.

In the event that your Honor may find my own professional background relevant, I am a graduate of Columbia Law School, and a former clerk to Judge Jack B. Weinstein of the United States District Court for the Eastern District of New York. I had a 17 year career as a law professor at the University of Minnesota Law School, the Benjamin N. Cardozo School of Law, and the Florida Coastal School of Law. For the past 12 years I have been the director of employment law compliance products and services at Ceridian Corporation..

It has been my experience that there are few relationships more intimate than that between an A.A. member and his sponsor. In the course of our work together, Richard has shared openly and candidly with me his past legal and moral offenses, as well as his deep remorse for those wrongs. He takes full responsibility for his actions, and never seeks to minimize the seriousness of those actions, or to excuse them. Instead, wherever and whenever possible, he takes meaningful steps'to make amends to those he has harmed.

Over the past years, I have seen first-hand a profound psychological—I would even say, spiritual-- change in Richard. He demonstrates gentle, deep and unconditional love for his wife and children. He and I spend a great deal of time together, focused on ways he

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can further repair the emotional damage he caused them, and on the positive rote he can play going forward. Richard has on occasion brought his son= to an A.A. meeting; I have been deeply touched by their interaction, and the evident pride Jake shows in his father's accomplishment. I have been so impressed with Richard's growth that I often seek his insights and advice regarding my own family relationships.

Richard works generously, and compassionately to support the recovery of others, both in A.A. and Narcotics Anonymous. it is not an exaggeration to say that Richard's recovery under difficult circumstances makes him a powerful example to others struggling with alcoholism and addiction.

Today I count Richard as a true and valued friend. I would not hesitate to trust him with my material possessions, or the well-being of my family.

In closing, I urge your Honor to extend leniency to Richard in his sentencing.

Respectfully,

Steven S. Nemerson

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F'

BLESSED SACRAMENT CHURCH

152 West 71st Street

New York, New York 10023

(212) 877-3111

June 12, 2012

Dear Judge Leon,

I am writing to you on behalf of Richard Bistrong. I am a Roman Catholic priest and pastor of the Church of the Blessed Sacrament in Manhattan for the past 27 years. We deal a lot with Alcoholics Anonymous people and are deeply involved in 'this program. We regularly allow the church to be used for A.A. meetings. '

I first met Richard around 2007 when he attended Mass here with a parishioner, VenerandaKocaj. I saw them off and on when they attended services. Eventually Richard called me and asked for an appointment. 'We talked at great length about his life, his problems, his predicament, the fact that he had been arrested and was facing sentencing.

Richard shared with me that he was active in Narcotics Anonymous and A.A., but that he sought a more spiritual foundation to his recovery. He asked me for spiritual counseling and I assigned him spiritual readings. He would write to me and see me about these readings and I have carried on a lengthy and deep conversation with him about these readings and his life As part of this process he acknowledged his sins and crimes and expressed his deep remorse to me lbE the wroñgs he had done and the harm he had caused. He had entered rehab and was fighting his demons. He had realized that he needed help and needed to change his life. He is working on himself physically and psychologically and spiritually in hopes of being a better person.

I married him and his wife in my church and during this process .I have gotten to know him and his wife and seen his commitment to family and faith and to improving himself. He has moved away to a new parish, but he still comes to, visit me here and I still speak to him on the phone.

Richard has impressed me as someone who has had aconversion experience and changed his life. In Church speak we would say he has become "a new man" He is well aware that he has done wrong and faces pumshment This scares him as it would most of us However, he is grateful for the possibility ófredemptiôn in.his.life. I hope this letter is. helpful to you. .

Sincerely

Rev. kgi RóbertB onnr -.1..: .: :' ":'. '•

• '. - '":

•.:. ••. •'

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999 Orono quo Lane, 3rd Floor ' Stratford, CT 06614 • P 203.386.0228 ext. 221 • F 203,870, 1810

Optimizing Ad Results

Judge Richard Leon June 17, 2012

Dear Judge Leon;

I am writing this letter to provide my professional and personal insights and detailed information that may help you in the process of reviewing the case of Richard Bistrong. I have known Richard for over 30 years, having first met him at the University of Rochester in 1980 and having stayed in touch with him and his children over the last three decades. What makes my observations unique is that Richard Bistrong has for the past two and half years been an employee of my digital marketing firm Media Metrix.

This has provided me an intimate view of Richard as abusiness professional, a father, and a conscientious member of our community. Sitting only 10 feet apart several days a week offers a window into Richard's daily behavior and how he conducts himself both personally and professionally. I was initially hesitant to have Richard join my company after he disclosed how he had made serious mistakes in his life and was now taking responsibility for them. However, after several heart to heart conversations in which he discussed in detail his disappointment in himself and how he deeply regretted having let down his family, friends and himself, he articulated his desire to show everyone in his life that his transgressions were a part of his past rather than a true reflection of who he now was as a person.

Richard did not sugar coat or attempt to rationalize any of his mistakes or his lapses in moral behavior and, more than that, he didn't ask me to forgive or forget any of his shortcomings but rather allow him the chance to show me, my employees, clients and family that he was a changed person (the same person I had always

• known). He was passionate in his belief that he still had much to contribute to his family, his friends and his • community. He stated he was rededicating himself to be a productive and valuable person in the lives of

everyone he encounters and asked for a chance to prove himself.

• Richard had three requirements of me before he would agree to work for my company. First, that he be held to the highest standards of honesty in all his dealings. Second, that I accept nothing short of his complete commitment to remain substance free - no exceptions. And third, that I not consider our friendship when

assigning work that needed to be done no matter how menial. Now two and a half years later, I am happy to say he has indeed delivered on all of these and far more.

I was well aware of Richards's intelligence, having studied along side of Richard at college, so I knew he could learn the digital marketing business and substantially contribute to my. company's growth. However,. what I was hoping to see beyond the business side was the rebuilding of his relationship and commitment to his children and his wife. In all of these areas Richard has exceeded my highest expectations. In fact, as I . have struggled with my own personal relationships during this time, it has been Richard who has spoken

• . most eloquently to me to remind me of the person I really want to be. . •. . . . .. . . . . • . . . . .

Having four children of our own, my wife and I place nothing ahead of our relationship and responsibility to our children. Sitting in the same office for two plus years it was impossible not to overhear the conversations Richard had with both his daughter Elizabeth and son* Richard's patience and care in each of his conversations with his children, no matter how mundane or dramatieihe situation, always started and ended with him reminding them of his unconditional love for them and his desire to help them grow into the people they wanted to become Both of his children depend on him for guidance and his advice to help them along life's path Those calls have become increasingly frequent over time as their relationship has been slowly and tenderly rebuilt each day. Partially as a result of this rekindled relationship and Richard's influence in

their lives, both of his children are thnving today.

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I\,1 999 Orono quo Lane, 3rd Floor Stratford, CT 06614 ' P 2033860228 ext. 221 • F 203,870.1810

Optimizing Ad Res LI Its

Professionally, Richard has almost single handedly established a thriving digital marketing business within my advertising agency by exhibiting a work ethic that could only be expected of an owner. His willingness to do any task asked of him and to go as far as taking courses in various specialties within digital marketing has resulted in Richard building a knowledge base that will help my business grow for many years to come. He has also helped build strong and lasting bonds with our clients and has demonstrated his commitment to my business. One example comes to mind. After our second largest client informed us of his decision to leave our firm, Richard stepped in and had several conversations that ended up altering the decision and providing us with an opportunity to re-win their business and ultimately helped us to not only retain the client but the employees that would have had to be laid off had we lost the business.

He has not only been a model employee and friend but he has shown me his appreciation for the opportunity I provided to him. I approached Richard and suggested that it made sense for him to share in half of the profits on any new business coming into our digital marketing division. To my surprise he thanked me and respectably declined. When I asked him why, he explained that my willingness to hire him when few others would have given him the chance was reward enough and that he felt a strong sense of obligation to help me and my family recover from several years of financial hardship as a thank you for the opportunity we provided him.

He also won the respect and admiration of many new clients when he would point out various ways to reduce their spending in certain media. Although this would diminish our commissions and make it harder for him to meet his own sales quotas, he felt that to accept their money for ads that would not produce acceptable results would be doing them a disservice. Needless to say our clients found this refreshing and this has also substantially strengthened our relationship and our business over the last few years.

• While he does offer some unsolicited advice that I should be running more and get into better shape, he doesn't preach. He displays a sense of confidence without the arrogance, strength in his beliefs and convictions without being insulting or offensive to others of differing opinions. He cherishes his chances to

• actively raise money for charities near and dear to our friends, but more than anything he is acutely aware of the gift of family, friends and the opportunity to continually contribute back to his employer, his community, and most of all his family.

• I would be more than happy to speak with you should you feel that would be of assistance to you in the challenging task of understanding Richard's past, present and future. Thank you for your consideration of my thoughts. . .

• . Sincerely, . .. .

ark O'Halloran • • President . . . . . . . . . • . .

• Media Metrix LLC • .. • . . • . . . . . . . .

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THE ___ BOLLES

SCHOOL ALL THINGS POSSIBLE

Dear Judge Leon,

I write to commend to you Mr. Richard Bistrong as a positive and active parent of two students at The Bolles School, a large, selective and competitive independent school in Jacksonville Florida. I am Associate Head of School and the Dean of Admission and Financial Aid and have had regular open and personal discussions with Mr. Bistrong about his unwavering commitment to support the education of his children.

Mr. Bistrong's daughter, Elizabeth, enrolled in our seventh grade in the fall of 2004 and attended Bolles for six years, graduating in 2010. His son, (known as AM, entered our seventh grade in 2008 and has just completed his tenth grade year. In every conversation we have had regarding education, he indicated to me that he was committed to do whatever he had to, and sacrifice whatever was necessary allowJM to continue at Bolles (Elizabeth having graduated, and enrolled at the University of Alabama).

Mr. Bistrong has played a very active role in his children's school life. His interactions with our faculty and other administrators have always been positive and respectful. Additionally, despite his recent financial difficulties, he has promptly met all of his financial obligations with us.

I have very much appreciated and respected Mr. Bistrong's regular, open and frank conversations with me regarding his legal and financial difficulties. In that regard and in his demonstrated involvement and commitment to his children's education, he has been exemplary among our parents. I hope that this letter has been insightful and helpful for you.

Sincerel

Bradford L. Reed Associate Head of School Dean of Admission and Financial Aid

PONTE VEDRA BEACH I WHITEHURSI I BARTRAM I SAN JOSE

7400 San Jose Boulevard Jacksonville, Florida 32217 PHONE 904.256.5030 FAX 904.739.9929 www.Bolles.org

Office of Admission

June 8, 2012

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Waycross, Georgia 912-490-1210-800-824-6333

www.sherrodvans.com

July 9, 2012

Dear Judge Richard Leon:

I am writing to you about Richard Bistrong in the hopes that Imay assist you in your upcoming sentencing decision for him.

I am a Vietnam veteran and bronze star recipient. When I got back from Vietnam, I worked in the mobile home industry for some years. In 1979,1 started Sherrod Vans, a van customization company, in Jacksonville, Florida. At one point, I had approximately 350 employees in three locations (also in Denton, Texas and Baltimore, Maryland).

The market changed and diminished dramatically with the influx of Mini-Vans and SUV's and, in the early 1990's, I sold the company. In 1994,1 bought the business back at 50 cents on the dollar and our plant is now in one location in Waycross, GA. We currently convert vans into luxury vehicles and convert new Mustangs into more authentic versions of the classic 1960's vehicles. We now employ approximately 26 full time employees. However, after another market drop in 2001, it has been even more difficult.

In 2010, after there was significant publicity regarding his case in the local media, I met Richard on the elevator in the condo development where we both live. He was very pleasant and friendly. I invited him to my home for a cocktail with my wife and me. He had a glass of water.

I asked him about his legal problems. He could not discuss his legal problems in detail but he said he had made terrible mistakes and that he had been living with the mistakes he made. He told us about his drug problems without hesitation. I was impressed with how humble he was about his problem and how he blamed no one but himself.

Fax 912-490-1212 3151 Industrial Blvd. Waycross, 64 31503

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Page 2 7-9-12 Judge Richard Leon

I asked him what he did for work and he told us about his new marketing business. I know nothing about the web, but I eventually hired him to help redo the website and develop sales for us. I spent a great deal of time with Richard and he worked with my employees and used our feedback to develop and improve our website. Everybody at my company likes Richard, because he is friendly and did a great job.

His work was well worth the price and he really helped me out. He is driving many more people to my website, which has been the main source for new business for our company. This has led to more business and has enabled me to stay in business and to continue to employ my 26 employees. Without my chance meeting with him on that elevator and the assistance Richard gave us, I believe we would be out of business by now.

Another example of his helping us occurred just recently. I was in desperate need of a sales manager so I asked Richard to help me. At no cost, he wrote up a job description and posted it on a website. Just a week later I had twenty applications and was able to hire one of them as my new sales manager.

We have gotten to know each other through our time and work together and I consider him a friend. My wife and I get together with him when his wife, Ven, comes down. But he is usually unavailable because he is really devoted to his kids.

I have never seen him drink any alcohol and he is very religious about going to his meetings. He is one of those guys who will help you in any way he can. He even offered to help a family member who has had similar drug problems.

I was impressed by Richard's honesty and know he is extremely remorseful. I respectfully ask that you allow him to continue to be a contributing member of our society, as he has so much to offer to many people. Thank you for your consideration.

Sinc?rr,

Jack

cgs C. Sherrod

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risn's ProaVcrlons

July 13, 2012

Dear Judge Leon,

I am writing this letter to share some of my experiences with you regarding the man that Richard Bistrong has become.

My name is Neven Soric, and I am the President/Founder of NASIKS Productions, an Internet Marketing

company based out of Long Island, NY.

I first met Richard in the winter of 2010. Richard was interested in learning the basics of doing business

via Internet Marketing. I found Richard to be an extremely fast learner.

In the months that followed, Richard started to build up his own Internet Marketing consulting business.

He has even sent business to me, including significant one-time projects and potential long-term,

revenue-producing accounts. As a result, my business, which was doing well before, is doing even

better. I enjoy working with him and we have worked together on many successful projects. He is

obsessed with exceeding his clients' expectations. His hard work, knowledge and business skills have

proven invaluable to our success. I have been working with some of my own clients for over 10 years,

and I would trust Richard to handle their accounts without any hesitation.

Richard explained his legal difficulties to me early on in our relationship. I know about his drug addiction

and guilty plea and that he faces a sentence. I did not know Richard before, but he has impressed me

with his integrity, his honesty and his solid character.

Thank you for your time.

Respectfully,

Neven Soric

President

I

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Craig Strong

Toluca Lake, California

July 13, 2012

Dear Judge Richard Leon:

Before I begin my letter expressing my feelings for my brother, Richard Bistrong, may I just say how ironic it is that I am writing this to you. Perhaps as you read, you will understand why.

For a little background, my parents divorced when I was in the second grade and Richard was in the eighth. We were taken out of our safe, comfortable environment in Long Island, and placed in an unknown, frightening, and tense atmosphere on the Upper West Side of Manhattan. In the early 1970's, it was anything but plush. From that point on, we had almost no contact with our father growing up. He remarried and his new wife considered us burdens and our Father made no effort to make us feel otherwise. That feeling of abandonment and rejection is something that still haunts me today, as I am sure it does my brother.

With the confusion and hurt of our childhood, in addition to the fact that Richard and I had six years between us, we essentially had no relationship. I never felt I had a "big brother". There was no early camaraderie. As we grew, there was never an invitation to visit him in college.

• After graduating college, I went into the family business manufacturing bullet • resistant armor. I had deeply hoped being with my father and brother, and growing

• a business together would bring us all closer and give me the family unit I had • always yearned for. However, that entire chapter proved to be an extremely hurtful

experience. This experience only made my feelings for my brother worse. Once the business was sold in 1992, I thought if I never saw my father or brotheragain, that would have been fine.

I eventually got as far away from them as possible. I moved to Los Angeles and fortunately found an amazing wife and started the family I always wanted. That was one main ingredient my father and brother didn't have. Having the right friends and partner is everything when making decisions. My brother's friends were his business friends. Nothing real. Probably the main reason I live a good straight life today is that! have surrounded myself with great people.

• After the business was sold it was not easy on my brother either. Again, it was another strong feeling of rejection from our father. He did nothing to help either one of us.. My brother had a child at the time and, both fortunately and

unfortunately, found his way to Armor Holdings in Florida. After 9/11 hit, the money and opportunities reached all time highs and later came his drug addictions. He was a guy I thought couldn't be any nastier. Friends of mine in California had no idea, I had a brother as f. never spoke of him. .1 didn't have one picture of him in my

1•

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house. In fact, if it wasn't for the pressure 1 received from my mother, he wouldn't have been invited to my wedding.

That is the picture of who my brother was in my past. I need to now explain to you who he is today and what he now means to my family and me.

In 2006, my brother Richard called me and asked to borrow several hundred thousand dollars to pay taxes. Needless to say, this request came as a major shock. How much trouble was he really in to have made that call? Knowing how fragile our relationship has been, had he really no one else to turn to? This phone call was a major turning point into humanizing and understanding a man, a brother, I never really knew. The shield was coming down and reality had finally caught up to him. This was the beginning of the blinders coming off. It was at this time in his life that he realized that over all the years he cultivated no real friendships and was now standing alone. Of course I was not available to him. I still wanted nothing to do with him.

Some time had passed and he was now going on his third wife. The first two were disasters. As time went by, I started hearing some positive things about him and his wife from other people I knew. I was in NY one weekend with my son, and he asked if we could meet. Still extremely skeptical, I agreed to meet with him and we walked around Central Park. Thatwas the first time I'd ever heard an apology from him. Was it sincere? Actions speak louder than words and only time would tell. I noticed he started calling me more. Calling my wife. Calling my kids. Coming out to LA to visit with us all. With that, I started speaking with his kids more. I got to know his wife, Ven, much better. As I got to know his wife all things started making more sense. As stated before, sometimes it takes the right partner and/or friends to help you make good decisions.

It's almost impossible to understand the amount of stress that accompanies this court battle. Along with this battle, he's dealing with his ex-wives, the safety of his * children, as well as them being teased for his actions. Living in two different places, learning a new trade, etc, he has been able to not only keep it together, but he understands his mistakes and talks about them.

He doesn't expect miracles. He has been humbled, but also I believe, his true self has been awakened. He's aware and acknowledged the pain he's caused others and all the mistakes he has made. He is willing to do whatever is necessary to make it all right He has gone above and beyond to bring his own family back together.

• Here is a guy at one point Inever wanted to see again. However, over the last few years, he has become my friend, my brother, a confidante, a brother-in-law to my wife and an Uncle to my children. We cannot change the past but if we learn from it, as he has, then that is what really matters. It amazes me that I actually, truly LIKE him now! I never imagined it possible. We speak several times a day, and for the first time in our lives, there is consistency in this relationship. This whole experience has been a blessing to him, and to the whole family. He has been instrumental in guiding me in business ventures. He flew to California and drove three hours to assist me with a business co-branding venture and handled it with

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expertise and ease. Without any monetary incentives, he followed up with this company and continues to influence decisions in this matter. He is helpful, conscientious, caring and supportive. A once broken man has truly turned a corner. A once severed relationship has now been repaired.

Yours truly,

aig trn brother and friend to Richard Bistrong.

3

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Samuel V. Vail

,CT OM

July 7, 2012

Dear Judge Leon:

I am writing you with regard to the difficult sentencing decision you will have to make in the

case of Richard Bistrong. Hence, I have taken the time to write this letter to provide you my

perspective on the friendship and business relationship that I have developed with Richard that

will hopefully help positively shape your opinion on his moral character, personal qualities and

high integrity that I have grown to appreciate and respect about Richard.

I live injINNOW, CT and work in Stamford, CT as a Partner at a consulting firm. My wife and I

are next door neighbors to Richard and Ven, his wife. They moved into town a little over two

years ago and I must say we have been blessed with having developed a very down to earth,

sincere, caring and fun loving friendship. From day 1 of meeting him, Richard has

demonstrated to me that he is a father, husband, friend and member of the community who

deeply understands that his life was hit with a thunderbolt that really rocked his world and that

he sincerely accepts the responsibility for his wrong doing.

In fact, for the first few months of knowing Richard, I was not aware of his background, but he

proactively asked me to hear his "story" and it soon became obvious to me that he wanted to

put the cards on the table and be totally transparent with me. That night, I could tell that he

seriously understood that his future would be forever impacted by how he reacted to this life

changing wakeup call. I can tell you that over the last two years he has proven to me that he

has made the very tough and necessary life altering decisions to radically change his lifestyle,

behaviors and beliefs from the inside out.

To be more specific, I have witnessed his commitment to correct his life on many levels and at

the same time to make a meaningful contribution to our church and society. For example:

• His unwavering commitment to attend substance abuse counseling, rehabilitation and

testing.

• I have seen and heard him demonstrate his loving relationship (sometimes tough love)

with his daughter and son and the time that he dedicates to ensure they are making

good choices socially and in building their future.

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• Spiritually, Richard converted to Catholicism and we introduced he and Ven to our

church St. John in Darien, CT where he attends Mass regularly, participates in a Saturday

morning Men's Breakfast Group with me, and is supporting our Monsignor McGrath

with the parish website content updates on a weekly basis.

o Additionally, I suggested to Richard that he have a confession with our Parish

head Monsignor McGrath, which has led to an inspirational relationship and the

development of a Community Service plan.

• From a business standpoint, I have seen Richard be successful with his Marketing

Services business, Strong 360 Marketing where he has developed solid client

relationships and he is earning a meaningful income. I am currently finalizing a potential

engagement with Richard for a "Sales Playbook" and am impressed with his work and

can foresee additional projects that can be derived out of this engagement. Once his

legal affairs are wrapped up he will have more time to devote to developing his business

which I believe has a lot of potential for growth.

• Richard is also a very devoted and loving husband who has been blessed with a

wonderful wife whom he respects and adores. They are a very genuine couple who

really support each other and feed the relationship with a healthy dose of humor,

generosity, care and concern.

Judge, thankfully I never knew Richard during his troubled times, and I say this because his level

of commitment, discipline, and transformation to change his life would, to most who do not

know him, seem unimaginable. But, what I can tell you, is that for the past 24 months I have

come to get to know a great friend, neighbor, fellow parishioner and business supplier. I hope

you can consider some or all of my personal observations about the Richard Bistrong that I

know to help you make a sentencing decision that is in the best interest for him, his wife, his

children, his business, his community and church. Please do not hesitate to let me know if I can

be of additional support to you in this process as you can reach me at

or Thank you again for listening.

Sincerely,

,~Z \ - Samuel V. Vail

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RunSafer LLC rr

St. Johns, Florida

June 13, 2012

The Honorable Judge Richard Leon

Dear Judge Leon,

I understand you will be making a sentencing decision for Richard Bistrong. I write this letter to explain my experiences with Richard and the person I know.

I am a retired long-distance runner who holds the current American record at 15 km distance and represented the United States as a competitor at two consecutive Summer Olympics, in 1992 and 1996. Since retiring from competitive running, I have been a fitness and sports marketing consultant and have started a business called RunSafer.

I met Richard in 2005 when I began working with him as a fitness consultant to prepare him to run marathons. He explained to me in 2007 that he was in drug recovery and sought my assistance in developing a training regimen to help with this effort. Richard has used this regimen and many of the discipline concepts we have worked on to help in his recovery and, as explained below, I have seen him apply these concepts to other aspects of his life as well. I have had people close to me with difficult drug problems, so Richard's long-term recovery has been impressive.

Over the years our relationship has grown. Richard explained his legal problems to me in early 2010, soon after his work with the government had been made public, and has been open with me about his misconduct and his regret for that misconduct. Around that time, I came up with the idea for a start-up business venture called RunSafer. RunSafer is a personal self-defense curriculum that I created through my years of training in running and Martial Arts (Brazilian Jiu Jitsu black belt). Richard used his business experience to collaborate with me to help bring the concept to life. In fact, he wrote up a 25 page detailed business plan for me free of charge.

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In 2011, I formally hired his company Strong 360 Marketing to continue to assist my new business. In just a six-month period Richard assembled a team and developed a plan to take my business to the highest level possible. All of his work has been done in a cost-effective and fair way and he has given me amazing value. This kind of assistance is vital to a start-up business like mine. Richard has been open and honest with me in all of our dealings. In fact, I once overpaid his invoice by mistake and he notified me immediately of the overpayment.

I knew Richard was a hard worker, but his work ethic and commitment to my business has far exceeded expectations. He has worked himself into a long-term role with RunSafer that is critical to the success of the company. I hope this letter is helpful to you.

Sincerely

odd W/iI RunSafei

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Lewis J. Young, IV

Jacksonville, FL

July 9, 2012

Dear Judge Richard Leon,

I write this letter on behalf of Richard Bistrong. I have personally known Richard for over five years. I first met Richard through the fellowship of Alcoholics Anonymous. In fact, I met Richard when he first entered AA and I knew him at the beginning of his recovery, during the period when he was relapsing.

Getting to know Richard we would often meet outside of AA meetings. A number of years ago, toward the beginning of his Irealnient, we discussed how our behaviors had affected our decision making in the past and the consequences associated with those behaviors. I talked with Richard at length about what worked for me and shared my experiences with him.

Over the past few years I've had the opportunity of meeting both of Richard's children and am impressed with the active involvement and interaction he has with them. He and I have talked at length about the importance of being actively involved in our childrerfs lives and the positive impact it has on them going foreword. He and I both shared the experience of taking our oldest child to college freshman orientation and what a proud moment that is.

Richard has also helped me with my local painting business. He showed me how to increase my internet search exposure. We have talked about his new business ventures and he is excited about working with companies to increase and improve their business.

I have watched Richard become humbled by this entire experience. As I recently shared at his recovery anniversary, where I presented him with his 5 th Year Anniversary Medalion, he has become "right sized" and I have been proud to call him a friend.

Richard and I have been given a gift. That gift is the ability to live a clean and sober life. I know he cherishes this gift and realizes the only way to keep this gift is to give it away. I see him doing that by helping other addicts in their recovery and through his volunteer work with young incarcerated addicts.

Sincerely,

Lewis I 0yg,

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 44 of 46

Michael J. Zalewa, LMHc, MAC, P.A. Psychotherapist

Master Addiction Counselor

Consultant

July 13, 2012

Re: Summary of Treatment for Richard Bistrong for Submission to Judge Richard Leon.

I would like to start the summary with introducing myself. In 1978,1 entered the United States Coast Guard and was stationed in Miami Florida as an aviation mechanic. I began to get interested in psychology and found there to be parallels in the way the mid and a jet airplane worked. I was fortunate enough to participate in the USCG Drug and Alcohol Program and served as a Liaison Counselor to the US Navy. I retired in 1998 and soon became licensed as a Psychotherapist #MH 5840 in the state of Florida. In 1999,1 entered an agreement with the agencies that evaluate, treat, and monitor Impaired Professionals. Since then, I have worked directly with professionals who are licensed by the Board of MediciflLe, the Board, of Nursing, and the Florida Bar. I have attached my curriculum vitae for your review.

Richard Bistrong was first seen in my office in January 2006 for psychotherapy. His initial diagnosis was Cocame Dependence (specifically crack cocaine). He admitted he had trouble maintaining abstinence. I utilized the Prochaska Stages of Change Model in the treatment of his addiction. In this model, the client is viewed in one of five different stages:

1. Pre-Contemplation Stage (commonly referred to as denial); 2. Contemplation Stage (client begins to be more aware of their consequences and

typically weigh the pros and cons to changing); 3. Preparation Stage (client commits to change/abstinence and begins to look

forward to what change looks like); 4. Action Stage (client believes he has the ability to not only stay abstinent but

maintain abstinence); and 5. Maintenance Stage (client is able to successfully avoid temptations and habitual

use and remain abstinent).

A client's advance from one stage to the next is by no means preordained. In my experience, most patients never make it past the Contemplation Stage and others fail in the Preparation Stage. When researchers study maintaining abstinence, the success

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 45 of 46

after one year is quite disappointing. For the last 15 years, studies have shown the relapse rate to be hovering around 80%, suggesting roughly only 20% maintain abstinence after one year.

Richard first presented to my office in a severe state of Pre-contemplation. As is common, he minimized his drug use and failed to see how his severe use of crack cocaine was affecting his ability to think rationally. He resisted abstinence and refused to acknowledge the severity of his problem. His use of cocaine was fueled by the lifestyle he was living and he made decisions, which were outside his character. This is typical of one who is physiologically addicted to crack cocaine as the intense high one receives from smoking cocaine reinforces what one does and the lifestyle one leads.

He transitioned to the Contemplation Stage of Change when his wife left him due to his use. He broke down and admitted the severity of his use and the consequences his use had on both his personal and professional life. it is at this time he began to come to terms with the hurtful role cocaine played in his life.

He was abstinent and in the Preparation Stage as he began to work undercover for the Department of Justice. The Preparation Stage requires that a person become aware of and confronts certain selfish and arrogant personality traits and the painful process of changing those traits to create a positive, productive self-image. For Richard, this difficult stage was made all the more difficult by having to still play the role of being his old self while working undercover. The normal challenges of maintaining sobriety coupled with having to live this double life makes his recovery all the more astounding.

Richard later moved into the Action Stage where he committed to integrating change in his life. He conmiitted to family and his support group meetings. Richard has continued to maintain abstinence since May 18, 2007 (his clean date) and has been stable and in the Maintenance Stage of Change throughout the majority of his cooperation with the Department of Justice.

He has spent time mentoring young addicts, helping them with life and recovery skills. He demonstrated the ability to reach disadvantaged youth by helping them learn to read and make healthier lifestyle choices. He was active in several other recovery related agencies and the details would make this document even longer but it's safe to say Richard is "giving back to the recovery community."

Richard has in my opinion accepted responsibility for his actions and has not blamed his indiscretions on his use of crack cocaine. He has educated his family members on the amount of prison time he faces and has come to a level of peace and acceptance with that possibility.

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Case 1:10-cr-00021-RJL Document 16-1 Filed 07/23/12 Page 46 of 46

Richard has volunteered to continue to work with me after sentencing (in whatever capacity he is able to) and will continue the course of random hair follicle testing to assure his own vigilance and position in the Maintenance Stage. Hair follicle testing is the most accurate and proven drug detection system available. This commitment and the fact he's totally at peace with his sentencing suggests that he has indeed been able to beat his crack cocaine addiction by not only changing the ingrained lifestyle associated with crack cocaine but also making radical changes in who he is as a person.

Richard's progress under the circumstances described above has been remarkable and is indicative of future success. In my professional opinion, Richard is firmly set within the Maintenance Stage. His demonstrated vigilance and commitment to his abstinence and rehabilitation indicate a strong likelihood of continued and long-term success.

Sincerely,

Michael Zalewa, LMHC, MAC, P.A.

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