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Open Letter: Friend of Jay Cohen Appeals for Letters to Cohen's Judge, Requesting Leniency

My name is Bob Blumenfeld. I am a friend of Jay's. I am writing to ask you to consider writing a letter on behalf of Jay Cohen to the judge who will be sentencing him in late May.

As you may have heard or read about, in early March 2000, Jay Cohen was convicted by a jury on several counts of wire fraud in federal district court in New York. The case stemmed from Jay's involvement as president and founder of the World Sports Exchange, a very successful, honorable and visible online sports book based in Antigua.

The facts of the case were not in material dispute at trial. Jay never denied that he was the founder and leader of the WSE. His position was at trial and remains today that the WSE's business is completely legal because it is based in Antigua.

Jay and his defense team have also taken the position that WSE's operations are based in Antigua and are outside the jurisdiction of applicable U.S. law.

Jay is set to be sentenced in late May. The press has written articles stating that Jay could be sentenced to prison for up to 19 years and fined a significiant amount. This is true.

However, it is my understanding that the federal sentencing guidelines for Jay's conviction recommends that the judge sentence him to prison for 18 months, and that is the most likely sentence in the case. Jay can also be fined.

The judge who will be sentencing Jay has discretion in deciding on any sentence. For instance, the judge could recommend a "downward departure" that would allow Jay to serve no prison time at all. The Judge could also impose a fine and no prison time. That is why I am writing.

Jay's attorney, Ben Brafman, has asked friends, family, supporters and well-wishers to write letters asking the Judge for compassion and leniency in sentencing Jay. If you know Jay or anything about his case, or believe in his integrity and honesty, I urge you to write a letter on Jay's behalf.

Here are Jay's lawyer's instructions on how to write such a letter:

1. IMPORTANT: Mail the letter to Jay's lawyer, Ben Brafman, at the following address: Brafman & Ross, P.C., 767 Third Ave., 26th Floor, NY, NY 10017. Mr. Brafman will assemble the letters and present them to the Judge. Please send them as soon as possible, because the sentencing date is only four weeks away.

2. IMPORTANT: Even though you are sending the letters to Mr. Brafman, you should address the letter as follows: Honorable Thomas P. Griesa, United States District Judge, Southern District of New York, United States District Courthouse, 500 Pearl Street, NY, NY 10007.

3. Begin your letter "Dear Judge Griesa" or "Your Honor", introduce yourself, including a little about you and what you do for a living. You and type or handwrite the letter, but only write on one side of the page.

4. Explain how you know Jay, how long you've known him and under what circumstances you have known him.

5. Describe why you have a high opinion of Jay, how you personally know his good qualities. Feel free to state that you are aware he has been convicted but that does not change your high opinion of him.

6. Please keep the tone of your letter respectful and courteous, and avoid the urge to criticize the flawed judicial system or Jay's clear innocence. The tone should be a plea for leniency and compassion.

The tone of the letter should not be an argument to the Judge about how offshore gambling is legal or ok, because the Judge has clearly rejected that concept. You may know the Judge is wrong, but this letter is not the time to argue about that.

If you have any questions about this process, please contact me at the below address or, contact Melinda Sarafa at Ben Brafman's office, 212.750.7800.

Thank you for your consideration.

Robert Blumenfeld

Mendel Guzman Blumenfeld, LLP, 5809 Acacia Circle, El Paso, Texas 79912

915.587.7878, e-mail: bblu@acaciapark.com

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