They’re all Shel-shocked!
Federal judges on July 13 overturned former Assembly Speaker Sheldon Silver’s 2015 conviction for a corruption scheme in which he fraudulently pocketed millions of dollars, and several of his former colleagues up in Albany applauded the once-powerful Manhattan pol’s new freedom — but one East New York legislator did not mince words when he said the court’s decision is an abomination that basically gives copycat cronies a free pass to commit fraud.
“This is outrageous. The federal court of appeals just told the state and the country that bribery corruption is legal because those aren’t official acts, that’s incredible,” said Assemblyman Charles Barron (D–East New York), who was the only member of the Brooklyn delegation to take a stand against the powerful Speaker back when he was charged in 2015. “He should be in jail.”
Silver netted nearly $4 million in quid quo pro payments since 2000 while representing his Manhattan constituents up in Albany. He secured state grants for a Columbia University doctor conducting mesothelioma research, and in return raked in the dough when the doctor referred his asbestos patients to Silver’s law firm. He also had similar pay-to-play arrangements with two New York state real estate developers. A jury unanimously found Silver guilty of all seven corruption charges in November 2015 — initially brought by the former U.S. Attorney Preet Bharara — and in May 2016, a judge sentenced him to 12 years behind bars. But Silver was free while on appeal.
Then on Thursday, three federal judges for the U.S. court of appeals in Manhattan unanimously overturned Silver’s conviction, pointing to a 2016 United States Supreme Court ruling in which the former Virginia Gov. Bob McDonnell’s own corruption conviction was reversed because it did not fall into the narrower definition of fraud.
But Barron’s colleagues in Albany were clapping their hands when they heard the news, and one even called Silver to say mazel tov.
“I’m just happy for someone who has gone through so much, him and his family,” said Assemblyman Dov Hikind (D–Midwood), during a phone call just hours after the court’s decision on July 13. “I had a chance to speak to Shelly earlier this morning and to wish him a wonderful Shabbos. It’s a great victory. Let him enjoy this victory.”
And Hikind’s colleague, Assemblyman Steve Cymbrowitz (D–Sheepshead Bay) was also happy to see his former Albany pal walk free.
“The court has spoken and justice has been served,” Cymbrowitz said in an e-mailed statement. “As someone who worked alongside Sheldon Silver for many years and respected him both as a human being and as a leader, I am hopeful that justice will continue to prevail and that he and his family will finally be able to put this difficult matter to rest.”
But not only is the court’s decision a disaster, according to good-government advocates, it’s disturbing to see that sitting state legislators are cheering Silver on, showing they don’t see any wrongdoing with his fraudulent actions, said Dick Dadey, head of Citizens Union.
“It’s outrageous. Sheldon Silver essentially profited as a result of his position, that is not right, it’s not yet illegal because of the higher standard for corruption, but I’m hoping he will be retried and convicted because what he did was wrong and he should be behind bars,” said Dadey during a phone call on July 14. “And for any elected official to think that’s acceptable behavior shows how far down the sewer Albany has gone.”
Acting U.S. Attorney Joon H. Kim released a statement that his office plans to retry Silver.
