Free Letter - District Court of Connecticut - Connecticut

Case 3:03-cv-00651-MRK Document 16 Filed 05/19/2004 Page 1 of 3
William E. McCarty
113 Grove Place
West Haven, CT 06516 I
203-933-0214 `
Case #3:03-cv—00651 mrk
Pro—se 4/9/03
Via Overnite I
Wachovia Corp. I
WS 2217 I
901 East Byrd St E
Richmond, VA 23219
Attn: Mr. Todd Ratner I
Legal Department I
Via Hand Delivery i it
Kevin Rowe y. -_ _ YY? ..,,___ , E
U.S. District Court ‘ = I ., I
District of CT I ."“· ;
141 Church St I ‘
New Haven, CT 06510 _ _ l~`-U I
1 * I
Via Hand Delivery “;*·· I
Hon. Mark R. Kravitz
US District Court .
District of CT I
141 Church St
New Haven, CT 06510 I
RE: McCarty v. Wachovia Bank, FKA Wheat Security Capital, FKA First Union Corp.
901 East Byrd St. 2"d Fl. l
Richmond , VA 23219 I
RE: Derivium Security Capital, FKA First Security Capital I
l Boston Post Rd
Charleston, SC 29407
RE: American Arbitration Asso. I
950 warm Ave. *
East Providence, RI 02914
Case # Civil 3:03 cv 651 MRK

Case 3:03-cv-00651-MRK Document 16 Filed 05/19/2004 Page 2 of 3

I am William E. McCarty (not Walter E. McCarty). I am representing myself as my
motion to appoint counsel was denied in 1/21/04 by Judge Mark R. Kravitz. Copy E
received US Mail on 1/21/04, copy of envelope shows mailed 1/ 15/04. My motion to i
extend time period to file motion for default an summary judgment for thirty (30) days i
(Doc. #13) dated February 2, 2004 was granted. I
Default and summary judgement was filed with the clerk at 141 Church Street office of
US District Court, District of Connecticut, New Haven, Connecticut, with copies to the
Hon. Mark R. Kravitz of February 12, 2004 and maiied to Wachovia Bank Attn: Mr.
George M. Gordon III, 901 East Byrd St. 2"d Floor, Richmond VA 23219. Also
Derivium Security Capital, 1 Boston Road, Suite 125, Charleston, SC 29407, Attn: Mr. E
Charles Cathcart, Pres. American Arbitration Assoc. 950 Warren Ave, East Providence,
Rhode Island 02914, Attn: Mrs. C. shanks, VP.
First, to answer in house attorney Mr. Todd Ratner of Wachovia Corp. The 120 days he
refers as having lapsed since filing the complaint. I could not file any additional
procedure until lst a Judge was appointed, then my request for Forma—Pauperis pursuant
to 28 U.S.C. & 1915 that granted April 8, 2003. Than I waited for a request for an
appointment of counsel, that happened September 16, 2003. Next was a request for
change of venue from Hartford, CT to New Haven, CT. reason cannot drive (no license
because of my disability) and my wife being 70 years of age with severe arthritis. That ,
was granted November 24, 2003 with Judge Kravitz. I than requested for appoint
counsel. Denied January 12, 2004. I than filed a request for Default and Summary
Judgement.
All of this was done within the proper time frame. I believe it is Wachovia bank,
Derivium Capital and American Arbitration Assc. Who are at fault for ignoring the
courts.
In answer to Atty. Rattner that I may be trying to improperly obtain asset that is a
statement that runs close to slander of myself and my wife. I would hope you, as the
Head Clerk, Mr. Rowe, would address Atty. Rattner.
Regarding the (improperly identifying Wachovia, FKA Wheat First Securities, FKA First
Union Corp.) How should it have been addressed and why since the start of these
procedures has no one from Mr. George M. Gordon III to Mr. Kevin D. Spence, i
compliance analysis never mention this? {
Just to bring you up to date as to where Wachovia Bank is one of the defendants I will lay
it all out. l
1. Contacted First Security Capital about 90% stock loan. August 1998
2. FSC asked I send them my stock certificates of shares of more than $100,00000,
which I did.
3. I advised Advest Inc. of New London, CT to send the stock certificate in question.
I
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Case 3:03-cv-00651-MRK Document 16 Filed 05/19/2004 Page 3 of 3
4. Wheat First Union than sent me copies of e-mails that they had received these i
certificates. (I did not even know who they were). 1
5. I contacted Mr. Anderson of First Security Capital or rather my accountant Mr. z
David Cappetta did. I was advised that Wheat First Securities a subsidiary of 1
First Union Corp. and they with there financial consultant Mr. George M. Gordon 1
III would be my fiduciary. l
6. Wheat First Securities nor Mr. Gordon did anything to make sure that I received
90% of my stock value. When Mr. Gordon was questioned by me, he more or
less said that is not my problem. I am no longer responsible the transaction is
over. It was his problem and still their problem. During that short period of time
Oct. 5, 1998 to Oct 31, 1998 or at least until transaction was finished and he knew
I received the Hedge Fund Price for my stocks and not the stock price. It was his
obligation or Wheat First Securities obligation that I received the correct amount
of funds. Therefore they are liable for $24,288.76 plus interest.
7. Any document evidence referred to here is inclosed. 1
8. Anything prior to these filings in regard to time lines are in the arbitration
proceeding that Wachovia Bank declined to take part in as not being a member of
A.A.A. or a party of. I believe Wachovia became a party of when they accepted
Derivium business to act as Fiduciary for myself on this transaction. They
became a party to my contract with Derivium. Why else ask for a copy of i
contract from First Security Capital on 10-15-98 when I Hedge Fund Rates vs.
Stock rate prices.
1
Thank_you _
.6/iv
William E. McCarty V
an F. McCarty B7/L,; 1
1
Case #3:03-cv-00651 I
Pro-se 4/9/03 1
cc: Mr. George M. Gordon III, Wachovia
Mr. Kevin Spence, Wachovia
Mrs. C. Shanks, AAA
Mr. Charles Cathcait, Bancroft