Lawyer: Past Nastiness Proves Threatening Hedge Funder No Threat At All

Feb 3 2011 | 12:45pm ET

The past behavior of the Long Island hedge fund manager accused of threatening the lives of 47 government officials proves he is no danger, his lawyer argued in a court filing yesterday.

Vincent McCrudden has spent more than a decade treating people—including co-workers and regulators—badly, routinely sending aggressive, intimidating and expletive-filled missives. But he's never actually hurt a fly, proving he was never a danger to the officials he allegedly threatened.

McCrudden's lawyer, Bruce Barket, in a preview of his bail argument, wrote, "In the dozen of more years he has been writing and speaking to the industry in this manner, [McCrudden] has never taken a single step to harm anyone." Barket is also expected to argue that people accused of threatening government officials are frequently released on bail.

McCrudden has been jailed since his arrest last month. Prosecutors are expected to say they'd like him to stay right there, especially in the wake of the January attack on Rep. Gabrielle Giffords (D-Ariz.) in Phoenix, in which six people, including a federal judge, were killed.

The bail hearing is scheduled for today.

According to the prosecutors, McCrudden posted an "execution list" with 47 names, including Securities and Exchange Commission Chairman Mary Schapiro and Commodity Futures Trading Commission Chairman Gary Gensler, on his web site. He also allegedly offered $100,000 for home addresses, phone numbers and background information of the "corrupt Government people."

"Go buy a gun and let's get to work in taking back our country from these criminals," McCrudden allegedly wrote. "I will be the first to lead by example."

McCrudden also allegedly sent death threats to individuals, targeting other staffers at the SEC, CFTC, FINRA and National Futures Association. In one e-mail, McCrudden allegedly told a CFTC lawyer of Gensler, "You can tell that fucking corrupt piece of Goldman Sachs shit (G.G.) I am coming after him as well."

But Barket argued that one of the more explosive alleged threats, a Sept. 30 e-mail in which McCrudden is accused of threatening to hire hitmen to torture and kill a National Futures Association official, isn't the handiwork of his client at all.

"It lacks the vulgarity that is littered in all of his other writings," Barket parsed. "He doesn't string together more than half a sentence before he uses the 'F' word, the 'MF' word, the 'C' word, something."


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