x

Society

Sheldon Silver Wants To Be Free

NEW YORK — A former State Assembly speaker convicted in a $5 million corruption case asked on May 13 to remain free pending appeal, saying there’s a reasonable chance his conviction will be reversed, negating the need for his 12-year prison sentence.

Lawyers for Democrat Sheldon Silver filed papers in Manhattan Federal court, noting that the U.S. Supreme Court seems poised to make findings in an appeal of the conviction of former Virginia Republican Gov. Robert McDonnell that would redefine the limits of laws used to convict Silver.

They said a narrowing in the definition of what constitutes an “official act” for someone like Silver could lead to overturning his convictions for honest services fraud and extortion.

“There is simply no way to know whether the jury convicted on the basis of all the ‘official acts’ the Government alleged, or instead thought that some were official and some not — and improperly convicted on the basis of the ones it erroneously deemed official,” the lawyers wrote.

The lawyers said there were other grounds to win a reversal on appeal, including what they called “inflammatory and gratuitous” evidence introduced at trial last fall.

Silver, 72, was sentenced last week. He’s scheduled to report to prison July 1.

His lawyers also asked U.S. District Judge Valerie Caproni to block collection of a $1.75 million fine and a $5.3 million forfeiture order until appeals are completed, saying he otherwise must sell homes he jointly owns with his wife.

They noted that he is currently required to pay $1.5 million toward financial penalties by June 14 out of about $2.2 million in assets he has available.

They said the $2.2 million includes $794,000 in state-deferred compensation, which would be taxed heavily if it were liquidated to pay the fine. They said another $850,000 represents the value of two homes Silver owns with his wife.

“While the government could refund the fine if Mr. Silver prevailed on appeal, it could not restore their home,” they wrote.

A spokeswoman for U.S. Attorney Preet Bharara declined to comment.

___

LARRY NEUMEISTER

RELATED

Top Stories

Columnists

A pregnant woman was driving in the HOV lane near Dallas.

General News

NEW YORK – Meropi Kyriacou, the new Principal of The Cathedral School in Manhattan, was honored as The National Herald’s Educator of the Year.

Video

A Palestinian Baby in Gaza is Born an Orphan in an Urgent Cesarean Section after an Israeli Strike

RAFAH, Gaza Strip (AP) — Sabreen Jouda came into the world seconds after her mother left it.

PHOENIX — An Arizona grand jury has indicted former Donald Trump chief of staff Mark Meadows and lawyer Rudy Giuliani along with 16 others in an election interference case.

AUSTIN, Texas (AP) — Police peacefully arrested student protesters at the University of Southern California on Wednesday, hours after police at a Texas university violently detained dozens in the latest clashes between law enforcement and those protesting the Israel-Hamas war on campuses nationwide.

ATHENS, Greece — A far-right Greek lawmaker has been charged with criminal assault for allegedly punching a colleague on the sidelines of a parliamentary debate Wednesday.

Enter your email address to subscribe

Provide your email address to subscribe. For e.g. [email protected]

You may unsubscribe at any time using the link in our newsletter.