FBI: NYS Assembly Speaker Jew Vermin Sheldon Silver Arrested On Corruption Charges

http://nypost.com/2017/07/13/sheldon-silvers-corruption-conviction-is-overturned/

Sheldon Silver’s corruption conviction is overturned
By Lia Eustachewich
July 13, 2017 | 9:08am | Updated

Ex-state Assembly Speaker Sheldon Silver’s :eek:rth: 2015 corruption conviction has been overturned, according to court papers filed Thursday. :mad: :mad:

The Second Circuit Appeals Court ruled to vacate Sheldon’s conviction that he obtained nearly $4 million in bribes in exchange for his political power. :mad:

The court cited the case of Bob McDonnell, Virginia’s former Republican governor, whose own corruption conviction was tossed over the definition of “official action.”
 
http://nypost.com/2017/07/13/preet-...-his-sheldon-silver-conviction-is-overturned/

Preet Bharara responds after his Sheldon Silver conviction is overturned
By Bob Fredericks
July 13, 2017 | 11:37am

Ex-US Attorney Preet Bharara predicted Thursday that former Assembly Speaker Shelly Silver would be convicted when he is put back on trial for corruption.

“The evidence was strong. The Supreme Court changed the law. I expect Sheldon Silver to be retried and re-convicted,” Bharara tweeted.

It was Bharara — who was fired by President Trump in March — who successfully prosecuted Silver on corruption charges, one of a string of high-profile convictions he won while fighting Albany corruption.

The Second Circuit Court of Appeals vacated Silver’s conviction for accepting nearly $4 million in bribes in exchange for his political power.

Bharara later retweeted the US Attorney’s vow to retry Silver, and he wrote:

“SDNY will retry Silver. Evidence ‘was sufficient to prove all the crimes charged against Silver, even under the new legal standard.'”
 
http://nypost.com/2017/07/13/prosecutors-vow-to-retry-silver-on-corruption-charges/

Prosecutors vow to retry Silver on corruption charges
By Kaja Whitehouse and Lia Eustachewich
July 13, 2017 | 10:58am | Updated

He’s not completely off the hook — yet.

Federal prosecutors said they’ll retry Sheldon Silver on corruption charges in light of Thursday’s bombshell decision to overturn his conviction — and they’re confident he’ll be found guilty a second time.

“While we are disappointed by the Second Circuit’s decision, we respect it, and look forward to retrying the case,” Manhattan Acting US Attorney Joon H. Kim said in a statement.

“Although this decision puts on hold the justice that New Yorkers got upon Silver’s conviction, we look forward to presenting to another jury the evidence of decades-long corruption by one of the most powerful politicians in New York State history. Although it will be delayed, we do not expect justice to be denied.”

The Second Circuit Court of Appeals tossed Silver’s conviction on honest services fraud, extortion and money laundering charges, citing a US Supreme Court case that narrowed the definition of “official act.”

The Supreme Court overturned the corruption conviction of Bob McDonnell, a former governor of Virginia, finding that some of his alleged acts were not an “official act” — and therefore did not constitute corruption.

“Although finding that the Supreme Court’s McDonnell decision issued after Silver’s conviction required a different legal instruction to the jury, the Second Circuit also held that the evidence presented at the trial was sufficient to prove all the crimes charged against Silver, even under the new legal standard,” Kim’s statement said.
 
http://nypost.com/2017/07/13/axed-doctor-linked-to-silver-hopes-to-get-his-job-back/

Axed doctor linked to Silver hopes to get his job back
By Julia Marsh and Lia Eustachewich
July 13, 2017 | 4:17pm

170713-taub-silver-feature-image.jpg

Dr. Robert Taub :eek:rth: and Sheldon Silver :eek:rth:


The key government witness who helped bring down Sheldon Silver is hoping the disgraced pol’s overturned conviction will help him get his own job back.

Dr. Robert Taub was fired from his cancer research gig at Columbia University after testifying that he received $500,000 in state research grants in exchange for referring sick patients to Silver’s law firm Weitz & Luxenberg.

On Thursday, the Second Circuit appeals court overturned Sheldon’s corruption conviction.

“We hope that Columbia now appreciates that Dr. Taub was discharged on a false premise :rolleyes: and that it will offer him reinstatement to his position as a member of its faculty,” Taub’s lawyer Richard Reice told The Post Thursday.

Taub sued Columbia to get his $300,000-a-year job back but was fired again in April after an appeals court sided with the university. :p

The suit was dismissed altogether a month later.

Now, Reice said he’s looking at whether the Court of Appeals, the state’s highest court, will reconsider Taub’s case given the ruling on Silver.

In a statement, Columbia indicated that it’s not likely Taub will get his job back.

“The ruling today overturning the conviction of Sheldon Silver continues to recognize the significance of the underlying facts of the case, even as the appellate court found that the newly applicable legal standard requires this decision,” the school said.
 
http://nypost.com/2017/07/13/silver...-still-a-crook-despite-overturned-conviction/

Silver’s replacement says he’s still a crook despite overturned conviction
By Carl Campanile
July 13, 2017 | 3:34pm | Updated

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Assemblywoman Yuh-Line Niou slammed Sheldon Silver for his 'betrayal' of her district. Helayne Seidman/Reuters


The lawmaker who replaced Assemblyman Sheldon Silver on the Lower East Side said he’s still a crook — despite a court ruling Thursday overturning his corruption conviction.

“This case continues to move through the judicial process, but regardless of whether Mr. Silver is ultimately convicted of a felony, any public official who uses his position to line his own pockets with $4 million from special interests has violated the public trust,” said Assemblywoman Yuh-Line Niou.

“My district has suffered tremendously from this betrayal, and my constituents and the organizations who trusted him to represent them still feel it every day. The facts of the Silver case, which have never been disputed, demand aggressive reforms to clean up Albany,” she said.

“New Yorkers deserve an honest and transparent government. We are moving on from this sad chapter in my district, but we still need serious ethics reforms in our state government, including closing the LLC loophole, limiting outside income, and ensuring pensions are stripped from officials convicted of corruption.”

Niou, who was elected last year, said “business as usual does not get enough done for the people of New York, so I look forward to continue representing lower Manhattan with the highest levels of transparency and integrity.”

The next Democratic primary for the seat is in September 2018.
 
http://nypost.com/2017/07/21/sheldon-silver-wants-to-take-his-case-to-the-supreme-court/

Sheldon Silver wants to take his case to the Supreme Court
By Kaja Whitehouse
July 21, 2017 | 8:44pm

Shelly Silver needs a Hail Mary.

In an effort to avoid going through another long and embarrassing bribery trial, the former head of the state Assembly said he plans to take his $4 million corruption case — which was just overturned — all the way up to the Supreme Court.

Silver’s goal, according to lawyer Kelly Kramer of Mayer Brown, is to convince the highest court in the land to dismiss the charges entirely :rolleyes:, rather than having the case sent back to the district court for retrial.

When Manhattan’s federal appeals court vacated Silver’s corruption conviction last week, it left open the door to a new trial by unanimously rejecting Silver’s claim that the feds didn’t present enough evidence to prove he took “pay-to-play” kickbacks.

The reason Silver’s seven guilty verdicts were overturned was because the jury instructions failed to take into account new rules that narrow the definition of bribery to “official acts,” like legislation.

Acting Manhattan US Attorney Joon Kim has already said he plans to retry to the case using new jury instructions.

That prompted Silver’s attorneys to ask the Circuit Court to hold on to the case just a little while longer while Silver begs the Supreme Court to review it.
 
http://nypost.com/2017/07/28/silver-delaying-new-trial-in-hopes-elderly-witness-dies-prosecution/

Silver delaying new trial in hopes elderly witness dies: prosecution
By Kaja Whitehouse
July 28, 2017 | 8:28pm

Former state Assembly speaker Sheldon Silver :eek:rth: wants to delay Round II of his corruption trial, cynically hoping an elderly key witness might no longer be around, Manhattan federal prosecutors said Friday.

Prosecutor Tatiana Martins called Silver’s recent request to take his case to the US Supreme Court “little more than a delay tactic” aimed at gaining “a strategic advantage at his re-trial.”

Martins explained that this tactic centers around 81-year-old Dr. Robert Taub, who told the jury he referred patients suffering from asbestos-related health problems to Silver’s law firm in exchange for favors, including state-funded research grants.

“Silver’s apparent desire for further delay surely is motivated by his recognition that, as time passes, necessary witnesses and other evidence may be lost,” Martins said.

“Indeed, one of the central witnesses in Silver’s trial is over 80-years-old,” Martins then wrote.

Silver, 73, the state’s most powerful Democrat, was convicted in 2015 of accepting $4 million in kickbacks and bribes while speaker making him one of the three most powerful officials in Albany. The other two are the governor and the Republican leader.

Manhattan’s federal appeals court has since overturned the conviction amid questions about the jury instructions, which failed to adhere to the high court’s recent definition of bribery.

The appeals court rejected Silver’s argument that the case was without merit — leaving open the door for a retrial.

On Friday, Silver asked the appeals court to delay sending the case back to a lower court, where it would be retried, until he gets a shot at asking the US Supreme Court to toss the case on the merits.

A new trial ahead of Supreme Court review “would be a violation of Mr. Silver’s double jeopardy rights,” he lawyers argued.

The appeals court has yet to rule on the issue.
 
http://nypost.com/2017/07/28/sheldon-silver-says-retrial-could-violate-double-jeopardy/

Sheldon Silver says retrial could violate ‘double jeopardy’
By Kaja Whitehouse
July 28, 2017 | 8:49pm

Disgraced former state Assembly Speaker Sheldon Silver says a new trial could violate his double jeopardy right to not be judged for the same crime twice. :rolleyes:

In papers filed with the Manhattan federal appeals court, Silver outlined his plans to take his bribery case — which was recently overturned — to the US *Supreme Court.

He said he thinks the nation’s highest court could toss the corruption charges once and for all.

Meanwhile, he wants to avoid a retrial, which he says would violate his double-jeopardy protection. :rolleyes:

Silver was convicted in 2015 of accepting $4 million in illegal bribes and kickbacks when he was head of the Assembly.

The conviction was overturned on technical grounds — leaving open the door for retrial.

Silver’s only shot to avoid a second trial is his Hail Mary bid to get the *Supreme Court to toss the charges on the merits.
 
http://nypost.com/2017/07/29/silvers-political-club-failed-to-disclose-finances-activist/

Silver’s political club failed to disclose finances: activist
By Melissa Klein
July 29, 2017 | 9:34pm

The Lower East Side political club that for years served as the home base for disgraced former Assembly Speaker Sheldon Silver has failed to publicly disclose its finances, as required by law, for nearly two decades, an activist charges.

The Truman Democratic Club is not registered with the state and has not submitted financial disclosures for at least 18 years, despite taking in tens of thousands of dollars, according to the complaint filed with the state Board of Elections by downtown activist Jeremy Sherber.

The Board of Elections requires political clubs that raise or spend money for candidates to register and to make disclosures.

State records show that since 1999 the Truman Club has taken in at least $100,000 in donations from political committees. But without the state disclosure reports, there’s no way to know how it spent its money.

The Truman Club was long a stronghold for Silver, who was booted from the Assembly after his 2015 conviction in a public corruption case. His conviction was vacated last month.

The Grand Street political club was considered one of the last vestiges of his power. Silver loyalist Judy Rapfogel, his former chief of staff, is an active member and it is headed by her sister-in-law, Freda Fried.

Fried did not return a request for comment.
 
http://nypost.com/2017/08/03/sheldon-silver-retrial-delayed-amid-push-to-have-case-tossed/

Sheldon Silver retrial delayed amid push to have case tossed
By Kaja Whitehouse
August 3, 2017 | 2:14pm

Disgraced former state Assembly Speaker Sheldon Silver won’t be retried on corruption charges — at least for now.

He was granted his request Thursday to delay his second trial while he tries to get the US Supreme Court to toss his entire case.

A Manhattan federal appeals court said Silver — who was sentenced to 12 years behind bars for bribery before his conviction was overturned — can put off his re-trial while he appeals his case to the highest court in the land.

Silver, who has yet to serve one day of his 12-year sentence, wants the Supreme Court to toss his case in its entirety so he can avoid a new trial — and prison.

Thursday’s decision was the 73-year-old’s second big break in the high-profile corruption case.

Last month, the Second Circuit Court of Appeals overturned Silver’s bribery convictions on technical grounds — although the ruling left open the door to re-trial, which prosecutors vowed to do.

By OKing his request to delay re-trial until he hears back from the Supreme Court, Silver could be gaining an important “a strategic advantage,” Manhattan federal prosecutors tried griping in court papers last week.

The prosecutors tried to argue that Silver’s request is a cynical “delay tactic” aimed at the hope that certain witnesses and evidence “may be lost” in the time it takes the high court to respond — including an elderly 81-year-old witness who testified at Silver’s first trial.

It could take the Supreme Court months to say whether it will even review Silver’s case.

“We still plan to retry this case as soon as possible,” said Nicholas Biase, a spokesman with the Manhattan US Attorney’s office.

Steven Molo and Joel Cohen, lawyers for Silver, said in a statement, “The court recognized the significance of the issues we will be raising in the Supreme Court.

“It put a halt to the trial court proceedings to allow us to do that.”
 
https://nypost.com/2018/01/16/supreme-court-clears-way-for-sheldon-silvers-re-trial/

Supreme Court clears way for Sheldon Silver’s re-trial
By Associated Press
January 16, 2018 | 12:17pm

WASHINGTON — The Supreme Court has cleared the way for a re-trial of ex-New York Assembly Speaker Sheldon Silver.

The high court declined Tuesday to get involved in the case. That allows for a re-trial tentatively set for April to proceed.

Silver was sentenced to 12 years in prison after he was convicted of public corruption charges in late 2015. But the U.S. court of Appeals for the 2nd Circuit overturned that conviction last year and sent the case back to the trial court.

The appeals court said that the trial judge would need to instruct jurors on the law in a different manner to conform with a 2016 Supreme Court decision that reversed the public corruption conviction of former Virginia Gov. Bob McDonnell.
 
https://nypost.com/2018/02/02/sheld...y-wont-have-much-time-to-prepare-for-retrial/

Sheldon Silver’s new attorney won’t have much time to prepare for retrial
By Priscilla DeGregory
February 2, 2018 | 1:32am

Former Assembly Speaker Sheldon Silver appeared in court Thursday to make his new lawyer official, but that attorney will still have to be ready by the old April 16 retrial date, a judge ruled.

Silver’s new lawyer, (((Michael Feldberg))), pleaded with Manhattan federal Judge Valerie Caproni for more time, citing the more than 1 million pages of documents in the case.

“There is a tremendous amount to learn,” Feldberg said.

But Caproni retorted, “Mr. Silver knew there was going to be another trial months ago.”

Silver’s former lawyers, Steven Molo and Joel Cohen, said he switched reps due to financial pressures.
 
https://nypost.com/2018/03/20/judge-refuses-to-toss-charges-against-sheldon-silver/

Judge refuses to toss charges against Sheldon Silver
By Associated Press
March 20, 2018 | 10:00pm | Updated

A judge has refused to toss out the charges facing New York’s former assembly speaker.

U.S. District Judge Valerie Caproni on Tuesday rejected a variety of reasons that lawyers for Sheldon Silver say the indictment should be thrown out and no retrial should occur.

The 74-year-old Democrat is scheduled to go on trial on April 16. In July, the 2nd U.S. Circuit Court of Appeals overturned his 2015 conviction and 12-year prison sentence.

The appeals court said the judge must instruct the jury differently after the Supreme Court narrowed public corruption law when it reversed the conviction of former Republican Virginia Gov. Bob McDonnell.

Prosecutors say Silver earned $5 million illegally, in part through bribes. Defense lawyers say he acted honorably and within the rules politicians follow.
 
https://nypost.com/2018/04/10/sheldon-silver-corruption-retrial-delayed-over-witness-illness/

Sheldon Silver corruption retrial delayed over witness’ illness
By Kaja Whitehouse
April 10, 2018 | 7:00pm | Updated

The retrial of former state Assembly Speaker Sheldon Silver is being delayed because the government’s key witness has fallen ill.

Manahttan federal Judge Valerie Caproni said she will delay Silver’s planned April 16 corruption trial by one to two weeks after prosecutors said mesothelioma doctor Robert Taub is suffering from unspecified medical issues.

The octogenarian will not be able to testify until the week of April 30 at the earliest — and potentially longer if he requires surgery, prosecutor Tatiana Martins told the judge at a hearing Tuesday.

Taub is critical to the government’s case. He helped to convict Silver at the first trial in 2015 when he told the jury that he referred patients suffering from asbestos-related health problems to Silver’s law firm in exchange for favors, including state-funded research grants.

Silver is being retried after his conviction was overturned last year — thanks to the US Supreme Court’s recent ruling narrowing the definition of bribery.

Caproni will rule on Silver’s final trial date this week after speaking with Taub’s doctors, she said.
 
https://nypost.com/2018/04/16/jury-selected-for-sheldon-silvers-corruption-retrial/

Jury selected for Sheldon Silver’s corruption retrial
By Igor Kossov and Kaja Whitehouse
April 16, 2018 | 8:18pm

Lawyers overseeing the corruption trial of former state Assembly​ speaker Sheldon Silver picked a jury on Monday.

The 12-person jury includes a retired flight attendant, a retired teacher and a nurse in Mt. Sinai’s critical care department.

The ​re​trial, which kicks off with opening arguments on April 30​,​ is expected to last six to eight weeks.

Silver, 74, is being tried — again — for selling his office in exchange for $4 million in kickbacks.

His 2015 conviction was overturned by an appeals court due to a US Supreme Court’s recent ruling that narrowed the definition of bribery.
 
https://nypost.com/2018/04/25/jurors-are-bailing-on-sheldon-silvers-retrial/

Jurors are bailing on Sheldon Silver’s retrial
By Cedar Attanasio and Kaja Whitehouse
April 25, 2018 | 9:59pm

Disgraced former Assembly Speaker Sheldon Silver is having trouble holding on to jurors empaneled for his April 30 corruption retrial.

A juror was dismissed this week “due to an unforeseen family commitment” that turned out to be a wake, Manhattan federal Judge Valerie Caproni said at a hearing Wednesday.

Two other jurors have also complained that they might need to be removed, according to the judge.

One of the jurors is worried that his job at Ralph Lauren might not pay him for the entirety of the six-to-eight- week trial, the judge said. The other juror said he exchanged e-mails, in 2015, with someone tangentially involved in the case.

Caproni said she will decide Monday, before the start of the trial, whether the two jurors should be replaced after questioning them further.

Silver, 74, is being tried again for selling his office in exchange for $4 million in kickbacks. His 2015 conviction was overturned on a technicality.
 
https://nypost.com/2018/04/30/sheldon-silver-scrambling-to-distance-himself-from-doctor-pal/

Sheldon Silver scrambling to distance himself from doctor pal
By Kaja Whitehouse and Bruce Golding
April 30, 2018 | 3:16am | Updated

Former Assembly Speaker Sheldon Silver earned himself a clean slate when his corruption conviction was overturned on appeal, winning a new trial and fresh presumption of innocence.

The same could not be said for the renowned cancer researcher who got $500,000 in shady grants that prosecutors said Silver funneled to him in an illegal quid pro quo. Dr. Robert Taub was fired by Columbia University shortly after FBI agents arrested Silver in 2015.

Now, on the eve of his Monday retrial, Silver desperately wants to keep the jury from wondering why Columbia canned Taub from his prestigious post as head of its since-shuttered Mesothelioma Center.

In an 11th-hour court filing, defense lawyers asked Manhattan federal Judge Valerie Caproni to warn jurors that Taub, again the prosecution’s star witness against Silver, will testify that he was fired by Columbia — but also order them “not to speculate as to why.”

An additional proposed instruction would have Caproni say: “Dr. Taub’s termination is not relevant to the charges against Mr. Silver and you are instructed not to consider it.”

Taub waged a protracted legal battle against Columbia following its 2015 decision to demote him with six months’ notice of dismissal from his $300,000-a-year gig.

That move came just one day after Silver’s arrest on allegations that include showering Taub with taxpayer funds in exchange for Taub steering cancer patients to the Weitz & Luxenberg law firm, which the feds say paid Silver, then working “of counsel” to the firm, more than $3 million for the referrals.

A state judge initially ruled that Taub couldn’t be fired without a hearing, but an appeals court reversed the decision.

Taub, 82, has grown sickly since he testified at Silver’s first trial in November 2015 and the retrial was delayed two weeks to accommodate his recovery from illnesses. He is to be among the first three witnesses, but he’ll be given a break every hour and have a health-care aide on hand.

The retrial is expected to largely reprise the one that saw Silver convicted on all counts and later sentenced to 12 years in prison — before an appeals court tossed the verdict while Silver remained free.

Silver’s successful appeal was based on a 2016 US Supreme Court ruling that reversed the conviction of former Virginia Gov. Bob McDonnell and limited the definition of “official act” in a corruption case.

Legal experts said the impact of the McDonnell decision would make it harder for the feds to convict Silver a second time, because revised jury instructions could exclude some of the most damning evidence from consideration.

Former federal prosecutor Harry Sandick said Silver’s retrial would provide a “laboratory test” for post-McDonnell corruption cases.

“The real scandal is not what is illegal but what is legal,” Sandick said.
 
https://nypost.com/2018/05/01/doctor-used-hebrew-code-to-warn-sheldon-silver-about-fbi/

Doctor used Hebrew code to warn Sheldon Silver about FBI
By Kaja Whitehouse
May 1, 2018 | 3:24pm | Updated

180501-taub-silver-feature-image.jpg


Oy vey!

The government’s key witness in the corruption retrial of Sheldon Silver used Hebrew code to tell the then-Assembly speaker in 2014 that he had been visited by FBI agents who were poking around the powerful politician’s finances, it was revealed in Manhattan federal court Tuesday.

Dr. Robert Taub said he used the phrase “bikur cholim” — a Jewish commandment to visit and extend aid to the sick — to warn Silver that the feds were on his tail.

“I mentioned it to let him know that I had been rendered ill … rendered sick by a visitation,” Taub told the Manhattan federal jury Tuesday.

“He [Silver] asked whether I had told them anything,” Taub said of the 2014 telephone conversation. “I said I didn’t think so.”

It was the last time they ever spoke, Taub said of Silver, who was later arrested and tried for bribery — only to have his conviction overturned on appeal.

Silver, 74, is now being retried in Manhattan federal court over allegations that he sold his office as one of the three most powerful politicians in the state — along with the Senate majority leader and governor — in exchange for $4 million in illegal kickbacks.

A whopping $3 million of those alleged kickbacks came from Taub’s referrals of his cancer study patients to Silver, who then made a cut of money earned on their lawsuit referrals to his firm, Weitz & Luxenberg.

Prosecutors on Tuesday showed the jury emails from Taub that suggested the then-Columbia University cancer doctor secretly disdained Silver and his law firm as part of a dog-eat-dog crowd that merely sought to get rich off mesothelioma, a rare form of cancer caused by exposure to asbestos.

“Boy, the environment for new cases in NY is canine-eat-canine,” Taub wrote in a 2010 email to a mesothelioma advocate.

“Of course they will all be nice to you for the cases, and hate you if they don’t get them,” Taub wrote in a separate email. “I will keep giving cases to Shelly [Silver] because I may need him in the future — he is the most powerful man in New York state.”

Taub, who is cooperating with the government under a non-prosecution agreement, said Tuesday that he had a purely “business relationship” with Silver that consisted of his patient referrals in exchange for Silver’s help with $500,000 in state grants and other favors.

The feeling of quid-pro-quo was so strong, Taub said, he complained about it in emails.

“If he delivers, I am sure it will cost me,” Taub wrote in a 2011 email to a woman who, along with Taub, was seeking Silver’s help obtaining permits for a race to benefit mesothelioma.

“He [Silver] is very good at getting people to owe him,” Taub said.

“The referrals were the basis of our relationship,” Taub told the Manhattan federal jury. “I believed that if I stopped the referrals, this might cause him to stop those activities,” he said of Silver’s efforts to help patients with the rare form of cancer caused by asbestos.

On cross-examination, Silver’s attorneys questioned Taub about whether Silver had ever explicitly asked for anything in exchange for Taub’s lucrative referrals.

“The understanding was that I felt he wanted the cases that would be referred to (((Weitz & Luxenberg))) to go through him in order to incentivize him to become an advocate” for people with mesothelioma, Taub said.

“That’s what you thought, right?” attorney Michael Feldberg asked.

“Yes,” Taub responded.

“Did you know what Shelly thought?”

“I did not discuss it with him, no.”
 
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