A jury of seven women and five men found Silver, 74, guilty of all seven counts against him, including two
counts of honest services mail fraud and money laundering.
The majority of the corruption cases brought against state lawmakers have been initiated by federal prosecutors, largely due to the federal
theft of honest services statute.
Those were the two narratives presented to jurors today in the Manhattan federal courthouse where Mr. Silver, still an assemblyman and once among the three most powerful men in the state, is standing trial on
charges of honest services fraud, extortion and money laundering for allegedly taking more than $ 4 million in bribes and kickbacks.
Bruno first held a brief press conference, telling reporters that he is «very unhappy with the result here,» and «very optimistic, as most lawyers in the United States are» that the theft
of honest services law under which he was charged will be overturned by the US Supreme Court.
The justices found that the law that made it a crime «to deprive another of the intangible
right of honest services» was too vague, and a federal appeals court vacated his conviction.
«From at least in or about 2000 up to and including in or about January 2015, Sheldon Silver, the defendant, engaged in a secret and corrupt scheme to deprive the citizens of the state
of his honest services as an elected legislator and as speaker of the Assembly by using the power and influence of his official position to obtain for himself millions of dollars in bribes and kickbacks masked as legitimate income earned by Silver as a private lawyer,» states the indictment.
Bharara had predicated both cases on charges
of Honest Services Fraud which the high court was signaling were in trouble.
He was convicted in 2009, but the U.S. Supreme Court later narrowed the
scope of the honest services law and Bruno moved successfully to have his conviction vacated, or voided by the courts.
Bruno is accused of depriving the
state of his honest services by allegedly using his political leverage to benefit a business associate and friend, Jared E. Abbruzzese of Loudonville.
A former New York Senate Leader, Joe Bruno, saw his conviction overturned when the US Supreme Court revoked
part of the honest services law, under an apparel brought by former Enron executive Jeffrey Skilling..
The court's
narrowing of the honest services provision had ripple effects for a number of convictions, including Bruno's, who was found guilty in 2009 for not disclosing a conflict of interest during his legislative dealings.
«This is a very good day for Mr. Black and his co-defendants,» said Frank Razzano, a partner with Peppler Hamilton LLP in Washington and a vocal
opponent of the honest services theory.
Percoco was found
guilty of honest services fraud, conspiracy to commit honest services, and solicitation of bribes and gratuities.
The Manhattan Democrat and former Assembly speaker was found guilty Monday of seven felonies under federal law, including extortion, money laundering and depriving New
Yorkers of his honest services as an elected official.
The complaint charges Silver with scheming to defraud and deprive the
public of honest services, mail fraud and extortion, and alleges he received more than $ 6 million in outside income from two law firms since late 2002.
Paul DerOhannesian, a defense lawyer based in Albany, said the
focus of honest services fraud is on the fraudulent and deceptive conduct of the public official who abuses a position of trust, and the government is not required to link any particular payment to a specific act on the part of the public official.
Harendra Singh pleaded guilty to eight counts, including a count of federal program bribery and two
counts of honest services wire fraud.
Silver, 70, was indicted on three charges, theft
of honest services wire fraud and mail fraud and extortion in the alleged real estate and asbestos cancer schemes.
He has been charged with seven counts
of honest services mail fraud, honest services wire fraud, extortion under color of official right and money laundering.
Skelos, like Silver before him, had his conviction overturned due to a narrowed
definition of honest services fraud, based on a Supreme Court ruling in the case of former Virginia Gov. Bob McDonnell.
As expected former state Senate Majority Leader Joe Bruno's attorneys have filed an appeal of his January 2009 indictment on federal corruption charges, arguing in part that the theft
of honest services statute under which he was convicted has been invalidated by the US Supreme Court.
Skilling had been convicted under the honest services provision, which makes it a crime to devise «a scheme or artifice to deprive another of the intangible
right of honest services.»
Asked for comment, Percoco's attorney Barry Bohrer responded with a string of Thanksgiving puns and an allusion to the Supreme Court's Skilling v. United States decision, which substantially narrowed the
scope of honest services fraud statutes like the one Bharara hopes to convict his client on.
Former New York Senate Leader Joe Bruno saw his conviction overturned when the U.S. Supreme Court revoked
part of the honest services law, under an apparel brought by former Enron executive Jeffrey Skilling.
This Espada in the same boat as another former Senate majority leader, Republican Joe Bruno, who was recently reindicted on federal corruption charges after his initial conviction on two counts of felony mail fraud was vacated following the US Supreme Court's ruling that changed the so - called theft
of honest services law.
The elder Bruno was found guilty in federal court on felony charges of theft
of honest services, in a case unrelated to the Susan Bruno affair.
In an interview, Kaminsky said it was up to Congress to tighten up the definition
of honest services fraud or empower local district attorneys to take on corruption cases.
Save for the Libous case, the convictions have hinged on what has become an increasingly narrow definition of theft
of honest services.
The report, released by Democratic Sen. Daniel Squadron, comes as state lawmakers grapple with yet another high - profile conviction of one of their own: former Assembly Speaker Sheldon Silver, who was found guilty of theft
of honest services and money laundering, among other corruption charges.
Nolan called Bruno's convictions «minor,» and noted that the US Supreme Court is considering the theft
of honest services statute that was the crux of the federal government's case against him.
McDonnell's case, meanwhile, could lead the Supreme Court to narrow the definition of «official act» under the federal theft
of honest services statute, which Silver was convicted under.
The conviction was vacated on appeal, however, in part due to instructions given to the jury that were found to be incompatible with a Supreme Court ruling on the theft
of honest services charges.
The former lawmaker, who was indicted on a new set of federal corruption charges following the outcome of a rather complex Supreme Court ruling on his theft
of honest services charges, said he was «just following the legal process.»
But Percoco's defense attorneys have argued that their client can't be guilty of the alleged bribery by COR or «the theft
of honest services» from the public in part because he wasn't a state official at the time he took payments from COR, even if he acted like one.
The court said the judge's instructions on the theft
of honest services law were unclear in light of the 2016 Supreme Court decision on ex-Virginia Governor Bob McDonnell.
According to documents unsealed recently, Frederick Mei, who resigned as a deputy Oyster Bay Town attorney on Aug. 31, 2015, secretly pleaded guilty to a charge
of honest services fraud.
The trial was the second for Bruno, a Rensselaer County Republican, whose first conviction on theft
of honest services charges was overturned following a U.S. Supreme Court ruling.
It's a topic Bruno is well versed on, given his own conviction on theft
of honest services charges, which was later overturned.