I’d love to read his letters of praise and see who sent them
Mr. Surick’s Post-Offense Rehabilitation
In the nearly three years since his arrest, Mr. Surick has chosen a new path in life. He immediately surrendered his horse racing licenses and no longer participates in the sport. Instead of wallowing in self-pity, he immediately recognized his own culpability and accepted full responsibility for his actions. Beyond that, he also set out on a course to atone for his wrongdoing. First, he focused on finding a new occupation and being able to earn a living. Through hard work and determination, he began his own landscaping business, All Quality Landscaping. That business now employs 6 individuals.
Despite overwhelming legal, financial and personal problems, Mr. Surick also made time to continue the important volunteer work that he has long provided to his community. Mr. Surick has always been involved supporting charitable work in his community but after his arrest he redoubled his efforts. At the lowest point in his life, he found that helping others helped him come to grips with the error of his ways and, as a result, made him a better man.
Attached as Exhibit B is a letter from Geralyn Fraggetta-Drury, the Executive Director of Freehold Area Open Door, a food pantry in Monmouth County. Ms. Fraggetta-Drury notes that Nick Surick has a big personality and that he had many volunteer efforts prior to his current legal difficulties. He raised funds every year to buy bicycles for underprivileged children, provided holiday meals for workers at the racetrack and engaged in a number of other charitable efforts.
Ms. Fraggetta-Drury notes that Mr. Surick approached her and volunteered his time. During the pandemic, Open Door created a home delivery program and Mr. Surick assumed responsibility for making deliveries on one of their longest routes. He made deliveries to home-
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bound senior citizens, disabled people and the working poor. She writes: “We serve 1,500 to 2,900 households each month out of our little pantry in Throckmorton Street. I cannot do this alone and Nick is one of my most dedicated and reliable volunteers.” She notes that Mr. Surick openly discussed his offense with her and took full responsibility for his actions. “It is very clear that Nick was knocked down and what may have become a negative catalyst for some people, only motivated him to create a good and positive life. He knew that he could not work in the field he loved so much so he created a new one.”
She concludes her letter by stating that Nick has become an important part of the Open Door family. “I am certain that we would be at a loss if we lost him. Our community would be at a loss. ... He deserves the opportunity to continue his good work and turn this all around.”
A number of the attached letters further testify to Mr. Surick’s generosity, charitable efforts and small acts of kindness. See, e.g., Exhibit C letter of Theologos Horiates (food concessionaire who notes that Mr. Surick would routinely pick up the tab for track workers who did not have enough money to eat). See also Exhibit E (letter from Toniann Flotteron discussing Mr. Surick’s charitable efforts and acts of kindness).
Perhaps the most poignant letter is from Emily Hay, a single mother of modest means. See Exhibit D. Ms. Hay describes a frightening incident when she and her girlfriend were accosted by a drunk man who had jumped into their vehicle and refused to leave. Mr. Surick happened to be nearby and quickly intervened and made the man leave. He then made sure that both women got back safely to their hotel. After that incident, Ms. Hay and her young son Colton became friends with Mr. Surick, who has entertained them when they visited with him in New Jersey and Florida. And young Colton has come to be very fond of Mr. Surick. Id.
Mr. Surick’s rehabilitative efforts during the last three years provide strong evidence of his genuine remorse and the conscious decision that he has made to become a productive member of
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society. Despite overwhelming odds, he has started a new life for himself. He is making a positive contribution to his community. Those efforts should be weighed heavily by Your Honor at the time of sentencing. “[W]hat a defendant is doing while free is of great significance in determining whether that defendant has made, or is in the process of making, a success of her life. Rehabilitation should not now be destroyed by wanton and unthinking application of mechanical rules of imprisonment.” United States v. Hawkins, 380 F. Supp. 2d 143, 165-66 (E.D.N.Y. 2005). See also United States v. Preacely, 628 F. 3d 72, 81 (2d Cir. 2010) (noting court must consider evidence of rehabilitation); accord United States v. Williams, 65 F. 3d 301, 305 (2d Cir. 1995).
We respectfully submit that the man who will appear before you for sentencing is a changed man. And we ask the Court to consider those positive changes when fashioning a sentence in this case.
3. Mr. Surick is Unlikely to Reoffend and Has Responded Positively to Supervision
