Respondent responded to his termination with a string of profanity-laced, threatening communications. Sometime over the holiday weekend, he left a voice mail for Napolitani, saying substantially, "You mess with the wrong fucking guy, you fat bastard. You are a slimy scumbag. I have dealt with people like you before. You are not going to get away with this."

After a telephone call with the NFA official who denied the request, Respondent sent an e-mail to the official, saying:

I am coming out to Chicago and fucking getting you and your fucking prick friends…You think you can fuck with whoever you want mother fucker? look over your shoulder one day fucker…you mother fucking corrupt pieces of shit…you splash that corrupt, biased, fixed decision all over the internet so all of my friends and childrens friends can see? And you think I am going to let you, nastro and driscoll get away with it? think again..tell your buddies I’m coming…your not getting away with this shit.

In responding to FINRA staff investigating the U5 issue, we are told in the NAC decision that:

FINRA staff concluded its investigation of this matter in May 2007. At that time, the staff informed McCrudden that FINRA intended to initiate disciplinary proceedings against him. Upon learning the staffs recommendation, MeCrudden left voicemails for both the FINRA investigator and Enforcement attorney handling the matter:

Yeah . . . this is Vincent McCrudden . . . . Um, I just got off the phone with my attorney. You know you guys are flicking pieces of shit. You really are pieces of shit. Um, I want to know who you report to and obviously this is a set up. You know, I cooperated with the NASD and you guys are gonna fucking do this to me? You are fhclcing low life flicking scum bags. I want to know who you report to, I’m going to have you and [the investigator] flicking fired. There’s no way you guys are getting away with this. Somebody has set this up. There’s no way that you ban somebody and there’s no threat . . . . Give me your flicking superior’s number. And I want to know the guys who made this flicking decision. I want every flicking name, you got that? You scum bag.

[R]espondent’s communications violated the high standards of commercial honor required by participants in the securities industry. Respondent used his abusive and threatening communications to bargain for the money he felt he was owed and to improve the terms of his termination. He achieved one of his most important objectives by getting HedgeCap to agree to file a Form U5 that falsely reported that he had voluntarily resigned.

For making abusive, intimidating, and threatening communications to his former employer, in violation of Rule 2110, Respondent is suspended for 30 business days and fined $10,000. For inducing the filing of a misleading and inaccurate Form U5 by his former firm, in violation of Rule 2110, Respondent is suspended for an additional five business days and fined an additional $2,500.