Dear Mr. President

George W. Bush, President
United States of America
c/o Ronald L. Rogers, Pardon Attorney
Department of Justice
1425 New York Ave. N.W.
Suite 11000
Washington D.C. 20530

Re: James M. Dwyer Case No. 2008-12-0594

Dear Mr. President:

I write in support of the application of James M. Dwyer for commutation of his sentence or a pardon. In considering pardon applications, I hope you will have in mind the Hippocratic Oath sworn by physicians – “First, do no harm.”: I believe you will never be sorry if you decide to return Jim Dwyer to society. He served the county of Cape May in New Jersey, in particular, Ocean City well. He was active in community and religious circles. His generosity and social involvement received widespread publicity and were cited as mitigating considerations at his trial. I believe that if you return Jim to society – and to his family and friends – he will give back to the community. He has much to offer.

The principle reason you should pardon Jim Dwyer is compassion. This is the season and the time. I do not know a more devout Christian than Jim. I believe God will forgive Jim. I hope you will, too. But my reason for writing is to emphasize my opinion that your pardon for Jim will do no harm. I might even make you proud.

Sincerely,
Signature
Lewis S. Black, Jr

Dear Mr. President

George W. Bush
President of the United States
C/O Ronald L. Rogers, Pardon Attorney
Department of Justice
1425 New York Avenue N.W.
Suite 11000 Washington, D.C. 20530
Fax: (202) 616-6069

Re: Case #2008-12-0594
James M. Dwyer Federal Prison # 40678050

William E. Kelly, Jr.
20 Columbine Ave.
Browns Mills, N.J. 08015

December 2008

Dear Mr. President,

I have known James M. Dwyer for many years, and despite his current circumstances, I know him to be an honest, forthright and religious man who never intended to defraud or harm anyone.

Having been associated with him in the past in business, community projects and church, I wholeheartedly support his legal appeals and petitions and would have no qualms about renewing our associations, engaging in business or working on projects together again.

Besides honestly building up his business through hard work over the course of decades, he also served on hospital boards, was appointed to the South Jersey Transportation Authority by Governor Christie Whitman, and supported numerous church related projects and activities.

Jim could have acknowledged wrongdoing, pleaded guilty and received a two or three year sentence that would have been served by now, but he believed the system would exonerate him and his reputation. It still can.

I also entrust my faith in his ability to remunerate those to whom he is in debt, especially his family, friends and business associates, but his ability to make remunerations is dependent upon being free to work in society once again.

All I ask is that James M. Dwyer’s petition for a pardon and commutation of his sentence be given serious consideration.

Thank you,

William Kelly

Hon. George W. Bush

Hon. George W. Bush, President 500 Bay Ave. Ocean City, N.J.
United States of America December 26, 2008
c/o Ronald L. Rogers, Pardon Attorney
Department of Justice
1425 New York Ave. N.W.
Suite 11000
Washington D.C. 20530

Re: James M. Dwyer – Case #2008-12-0594

Dear President Bush:

I am writing this letter to request that you commute the prison sentence of James Michael Dwyer who is presently incarcerated at Fort Dix Federal Correctional Institution.

I write as a friend and past public official in Ocean City, N.J. During the time I served as Mayor of Ocean City (1992-2006) Mr. Dwyer saved several historic buildings in our city and restored them to viable properties. He received a prestigious award from the Press of Atlantic City for his many charitable and civic contributions, and he was respected in our community for his good works.

Jim Dwyer is a staunch Republican who once had breakfast with your father at a fund raiser. He supported many other Republican candidates in Ocean City, Cape May County, in the State of New Jersey, and in Congressional and Presidential campaigns.

Jim Dwyer was convicted in a court of law, so I am not asking for a pardon. However, he was never accused of violence or causing personal harm to anyone. His sentence was extremely severe, and many people who are guilty of violent crimes have been treated less harshly. He is in his fourth year at Fort Dix, and his imprisonment has wrought havoc on his family.

James M. Dwyer is a devout Christian, a good family man, a life-long Republican and a fine friend. I hope you can find it in your heart to commute his sentence and send him home to his family. Thank you for your consideration.

Sincerely,
Signature
Henry S. N

Dear Mr. President

President George W. Bush
c/o Ronald L. Rogers, Pardon Attorney
Dept. of Justice
1425 New York Ave. NW
Suite 11000
Washington D.C. 20530

Re: James M. Dwyer Case #2008-12-0594

Dear President Bush,

My pleas to you today is on behalf of my friend, Jim Dwyer. I have know this good and honorable man for fifty years and truly believe that he would never do anything dishonest or unethical. His only crime was to put too much faith in the wrong people.

Please find it in your heart to grant a full pardon or commutation of his sentence. This good man has suffered enough, not for his sins, but for the sins of others.

My sincere best wishes to you, Barbara and your family as you leave office.

Respectfully,
Signature
James T. Nutly Jr.

Dear President

January 13, 2009

George W. Bush, President of the United States
c/o Ronald L. Rogers, Pardon Attorney
Department of Justice
1425 New York Avenue, N.W.
Suite 11000 Washington, D.C. 20530

RE: James M. Dwyer Case # 2008-12-0594

Dear President Bush:

Thank you for having given up eight years of your life to help all Americans and our country. Thank you for the actions you took and the attitude you showed the international community that dissuaded terrorist to dare attack American soil again.

I am writing to ask for a very special favor. I have never, in 63 years, asked anybody for anything. During my college years from 1963 through 1967, I voluntarily joined the Army ROTC program at the height of the Vietnam War, because I felt it was ther igth thing to do for my country.

During my two years of active duty, I was assigned to the 101st Airborne Division, and ended up playing baseball for the Army for my first year, at a time when the Division was sent en masse to Vietnam. I volunteered to join them in Vietnam for my second year of service to my country. I knew in my heart this was the right thing to do.

I am writing to you to ask for a pardon for James M. Dwyer for the same reason, in my heart he has been falsely imprisoned for the last 42 months, and for the first time in my life I am asking my country for a favor, please pardon Jimmy Dwyer and allow him to pick up the pieces of a broken life that always gravitated around family. Family is the most important thing in his life and they need him back home.

Jim may be the kindest, most giving man I have ever known. He was my business mentor, and his most important business were determined after consultation with the Lord through prayer. He taught me in my professional life, not to let the rigors of the “deal”, ever take precedence over family and my faith.

President Bush, I implore you to grant Mr. Dwyer the freedom that I fought for in the A Shau Valley, at Hamburger Hill, and throughout my twelve month tour of duty in the Republic of Vietnam.

Respectfully and thankfully,
Signature
Paul J. Callahan

Christie

Christie

http://www.google.com/hostednews/ap/article/ALeqM5gm5etrFKUvz03H6yqMzYwYPUkxvQD9918AD00

By ANGELA DELLI SANTI

TRENTON, N.J. (AP) — The Republican candidate for governor in New Jersey will tell a congressional subcommittee about white-collar crime settlements he approved as a federal prosecutor, including a deal potentially worth $52 million to his one-time boss, former U.S. Attorney John Ashcroft.

Chris Christie is to testify before the House panel in Washington on Thursday, one of seven witnesses being called in an ongoing investigation into deferred prosecution agreements.

The deals allow companies accused of crimes to avoid trials by agreeing pay fines, change their practices and submit to federal oversight. Monitors are paid millions to oversee the deals.

The number of agreements ballooned during George W. Bush's presidency, but fell back last year following increased scrutiny about whether the deferrals provide a break to corporate wrongdoers.

Appearing before the House Judiciary Committee in May, U.S. Attorney General Eric Holder defended the use of deferrals in cases where taking a company to trial would unduly punish shareholders or employees. He said the deals are struck within Justice Department guidelines, and that he would investigate concerns over monitor selection and compensation.

As New Jersey's top federal prosecutor, Christie approved seven such deals, but put deferred prosecutions on the national radar with the one involving Ashcroft.
Ashcroft's consulting firm stood to make $28 million to $52 million or more for 18 months of work monitoring a hip and knee replacement manufacturer accused of giving kickbacks to doctors. The contract, paid by the accused, Zimmer Holdings Inc., allowed Ashcroft's firm to bill monthly fees and expenses of $1.5 million to $2.9 million or more, including a base of $750,000, according to documents provided to congressional investigators.

During a contentious Congressional hearing last year, Ashcroft denied there was anything improper about the deal. Christie also has denied any conflicts.
The day before the hearing, the Justice Department announced revised guidelines that require monitors to be chosen by a committee and approved by a senior official in Washington rather than by a U.S. attorney in the field.

Another Christie deal led to additional reform.
The department announced last year that out-of-court settlement defendants could not be required to donate to a random charity, school or hospital. The guideline was in response to a requirement from Christie's office that Bristol-Myers Squibb endow a chair in business ethics at Seton Hall Law School, Christie's alma mater, as part of a 2006 agreement to avoid prosecution.

Democrats have criticized deferred prosecutions for being secret and lacking accountability. Reps. Frank Pallone and Bill Pascrell of New Jersey and Steve Cohen of Tennessee introduced legislation in April that would require federal judges to approve monitoring contracts and disclose terms of the deals.

The issue has spilled into the New Jersey governor's race, where Christie leads Gov. Jon S. Corzine in early polls. Democrats have tried to use the agreements to tarnish Christie's reputation as a corruption-buster.


http://www.philly.com/philly/wires/ap/news/state/new_jersey/20090624_ap_christiesdeferredprosecutionsinnj.html

New Jersey GOP gubernatorial candidate Chris Christie approved seven deferred prosecution agreements while U.S. Attorney for New Jersey. Here is a synopsis of the deals, which critics have questioned and Christie will testify about Thursday in Washington:

, John Ashcroft. Christie's former U.S. Justice Department boss made $28 million to $52 million or more in 18 months for monitoring Zimmer Holdings, one of five medical device manufacturers accused of giving kickbacks to surgeons for using their replacement hips and knees.
, David Kelley. A former U.S. attorney in Manhattan, Kelley investigated a stock fraud case involving Christie's younger brother, Todd, but declined to prosecute him. Kelley was later picked to monitor Biomet Orthopedics Inc., another of the medical device makers.
, Bristol-Myers Squibb. A $300 million fraud settlement Christie negotiated with the New York company included a provision that Bristol-Myers endow a professorship at Seton Hall Law School, his alma mater. The U.S. Justice Department subsequently issued guidelines barring such requirements as part of out-of-court corporate crime settlements.
, David Samson. The former Republican attorney general and party fundraiser was a monitor of medical device maker Smith & Nephew Inc. His firm is now on Christie's payroll for legal work: the candidate's pre-election finance report last month listed expenditures of $9,439.40 in legal fees/rent and $18,439.40 still owed to Wolff & Samson of West Orange.
, Herbert Stern. Christie mentor got $10 million contract to monitor University of Medicine and Dentistry of New Jersey, accused of double-billing for services covered by Medicare. Christie close friend and fundraiser John Inglesino, a partner in Stern's law firm, was paid $325 per hour for his work as counsel on the monitorship. Stern, Inglesino, another partner and their wives later gave $23,800 in donations to Christie's campaign for governor. The donations were matched, 2-1, under New Jersey's campaign finance laws, bringing the total amount to $71,400.
, Debra Wong Yang. Like Kelley, Yang, a former U.S. attorney in Los Angeles, is a former Christie colleague. The Republican-connected prosecutor and Gibson, Dunn & Crutcher partner, who had ties to former Attorney General Alberto Gonzales, was chosen to monitor Deputy Orthopaedics Inc.
, John Carley. A former Cendant Corp. vice president and Federal Trade Commission lawyer under President Reagan, Carley was on Sen. John McCain's 2008 New York fundraising team. He oversaw a nonprosecution agreement involving Stryker Orthopedics.

Why Jim Dwyer is Innocent

James M. Dwyer (JMD) is innocent of the bank fraud for which he was convicted because he never intended to defraud anyone when he took out those loans, and intent is required for him to be guilty.

Jim Dwyer is innocent because, over the course of four decades in the real estate business, he took out hundreds of mortgage loans and never defaulted on any of them. He was honestly successful, as anyone who has known him for any length of time will acknowldge.

Why would he suddenly, after amassing $250 million in real estate assets, including four hotels in Ocean City, one in Bermuda and two skyscrapers in Philadelphia, why would he suddenly jeopardize his business, his family and his life?

That's because he didn't.

Prosecutors offered Jim a plea bargain to admit guilt and avoid trial and get a short, two or three year sentence, which he would have served by now. But he knew he was innocent and believed and put trust in the criminal justice system to exonerate him.

Now we know what happened, and the prosecutors knew what happened, as it was quite clear that Jim Dwyer himself was the victim of his Chief Financial Officer (CFO) Mike McKeever, who died of a heart attack during the course of the purchase of the Packer Building in Philadelphia.

When Dwyer's outside accountant came in, they discovered that McKeever had utilized two sets of tax returns made up for Dwyer and his company, and they immediately reported this to authorities. Why would Jim Dwyer turn over the primary evidence that would be used against him if he was truely guilty?

JMD swears he did not know of the two sets of tax returns even though his signature and the signature of his wife appear on both documents. While JMD doesn't know when or how he signed these papers, he did sign many documents in the course of many (hundreds if not thousands) of property settlements over the course of the years that McKeever worked for him.

Jim met McKeever through Frank Mahr, at an AA meeting, and brought him into the company, first to do his tax returns, and then as CFO, a position McKeever also held previously at a Fortune 500 company (Revlon), though unknown to Mahr and Dwyer, McKeever had been previously convicted of embezzlement and had served time in prison for fraud.

McKeever's family was from the same North Philly neigborhood as the Dwyers, and Jim was close to Mike McKeever's brother, but was unaware of McKeever's conviction and jail time. McKeever's father was a banker and college professor who was also an acquaintence of former Philly mob boss Angelo Bruno. Bruno's mob family was known to have been involved in bank fraud and similar mortgage scams. (See: Tom Cocco case)

Although Dwyer could have gotten the mortgages offered to him with either set of tax returns, the two documents were the key to the "crime" in the minds of the jury and JMD's best friend, who thought the two tax returns were enough to prove guilt. It isn't.

Jim Dwyer didn't even need those loans, as he didn't want to operate the hotels and banquet services and wanted to sell them, and had buyers lined up (Gillians for the banquet center), but McKeever convinced JMD to keep them, operate them himself, and create a cash flow that was easy to skim. He also used these properties to obtain the loans from Vito Pantelone and Parke Bank.

Jim Dwyer never met any of the bankers who testified against him his trial, execpt Vito, who he met at a 76er basketball game. The very next day Vito was in McKeever's office talking about lending them money from his new bank, which were the very first loans ever made by Parke bank.

Early during the course of the jury delibarations, they sent a question out to the judge, asking about these early meetings between Dwyer and Pantelone, requesting the transcripts of some testimony, which meant the jury was beginning to question these deals. Although not as prevelant at the time, today they would understand the preditor lending these banks undertake, the fees they make and how the borrow becomes the victim. But the judge refused their request and told them to rely on their memories of the testimony.

How could Jim be convicted if he was innocent? Well, his defense attorneys, although well versed and competent, were also embroiled in some personal problems, with the lead attorney being sick for most of the trial. As it later came out, his wife was also bilking him for hundreds of thousands in dollars for a gambling habit, money that came from Dwyer's attorney fees.

Besides the loans that Jim took out for his company that went into default, he was also convicted of bankruptcy fraud, which was a manufactured charge later added, that used an invitory of furniture Jim sold to his son as proof of fraud, when it proved nothing. The invitory was just an invitory, and the price was the price Jim sold it to his son for, the amoung the son received as an insurance for a ski accident. Michael Hoffman, who drew up the invitory, his girlfriend who typed it up, and the women who notorized it, were all due to be charged with other crimes when they agreed to testify against JMD in exchange for not being charged with the other crimes, unrelated to Dwyer's case. The prosecutors couldn't get an honest conviction, so they had to utilize every means at their disposal to get three people to perjur themselves to convict Dwyer.

In his summary, the chief prosecutor said that "Jim Dwyer is not a good guy gone bad, but a bad guy discovered," but the only other example of JMD supplying bad information for a loan was for a home mortgate many years earlier, a loan that was paid off. So if Jim Dwyer was a bad guy discovered, where are the other crimes he committed over the course of his forty years in the real estate business?

That's because there aren't any other crimes.

And James M. Dwyer never intended to defraud anyone when he took out the loans from Parke bank, and therefore he is innocent.

As Jim's lawyer said early on in the trial, "It's not a crime to default on a loan or go bankrupt," as if that was the case, the jails would be full today.

When Jim Dwyer was convicted of bank fraud, he not only claimed he was innocent, but he said the system was set up wrong, and that the bankers had defrauded him, as he lost everything - his $250 million hotel and real estate empire, his friends and his family.

Now we understand how this could have happened, and the true facts must be brought out, either in a court of appeals, or at a new trial or other legal procedure.

In any case, James M. Dwyer is innocent and should not be in jail today.

William Kelly
billkelly3@yahoo.com