New Sentencing Ordered for Ex-NY Assembly Speaker Silver

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FILE - Former New York Assembly Speaker Sheldon Silver arrives at federal court in New York, Friday, July 27, 2028. (AP Photo/Mary Altaffer)

NEW YORK (AP) — A federal appeals court upheld former New York Assembly Speaker Sheldon Silver’s corruption conviction Tuesday but ordered a resentencing after reversing the conviction on some charges.

The ruling by a three-judge panel of the 2nd U.S. Circuit Court of Appeals means the Democrat may get a fresh chance to seek a reduction of his seven-year prison sentence, especially if prosecutors decline to seek retrial on three rejected counts.

His lawyer and prosecutors declined to comment.

Silver, 75, has remained free pending appeal. His 2018 sentencing came after he was convicted for a second time of trading favors to collect nearly $4 million in fees to help a cancer researcher and real estate developers.

His first conviction in 2015 was overturned by the appeals court, and a new trial was ordered after a Supreme Court ruling in another case redefined the rules for bribery convictions.

On Tuesday, the 2nd Circuit tossed out charges related to legal fees Silver collected to refer mesothelioma cases to a law firm. Mesothelioma is a rare form of cancer caused by exposure to asbestos.

Prosecutors maintained that Silver was provided patients he could recommend to the law firm by a prominent doctor who wanted the firm to donate money to mesothelioma research.

The 2nd Circuit, in an opinion written by Circuit Judge Richard C. Wesley, said Silver, over the period of a decade, received roughly $3 million in fees for cases that the doctor referred to the law firm.

The appeals court said trial evidence was overwhelming that Silver also knowingly accepted referrals in exchange for his influence on whether the Assembly would allocate grant money for the study of mesothelioma.

The 2nd Circuit said Silver knew he had power over something of great value to the doctor.

“He then chose to abuse that power for personal gain,” it said.

Still, conviction on those charges was rejected because of a faulty instruction by the trial judge to the jury and because the statute of limitations may have expired on some crimes, the appeals court decided.

Silver served as speaker for 21 years after first being elected in 1976 to represent lower Manhattan.

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10 COMMENTS

  1. Shelly is another victim of overzealous prosecutors looking to advance their career. Their goal is to lock up the rich famous connected white boy. It’s a sensation and gives them recognition. Anyone as connected as Shelly will have small missteps. All you need is an immoral overzealous guy to take that and pump up ten statutes based on one thing. let me remind you all, that a state assembly man in NY is a part time job. They all do side jobs and its mostly in law and lobbying. Obviously you’ll find small stuff with that kind of overlap. Very weak quid pro quo. This is perverted justice

  2. Enough all ready. A goniff is a goniff, even if he wears a talis over his head and shuckles. If you do the crime, you do the time. Don’t comment on why we owe him hakoras ha-tov for what he did for the Jewish community – he did it with your tax dollars. Let’s move on….there are plenty more like him in the NYS legislature.

    • No not enough
      1) Do the crime do the time is immoral. It’s evil spirited and lacks compassion. It’s evil and despicable. We believe in repentance and forgiveness. People make mistakes. Where is your compassion?
      2) A gonef pays back what he owes. He doesn’t get locked on prison for ten years.
      3) A gonef means you stole money. The man wasn’t accused of stealing even one penny. He is accused of taking a bribe. That’s not stealing.
      4) it’s all about the perverted justice system finding a gotcha moment .

      Cut the lies while ahead

  3. I am not familiar with all the details of the case, and had big differences with Mr. Silver on some issues, but looking at Albany today, e.g. the crazy bail reform which the current speaker is backing strongly, makes Silver look better and better.

  4. Caption: “Former New York Assembly Speaker Sheldon Silver arrives at federal court in New York, Friday, July 27, 2028.”

    This is one amazing website. Even the reference librarian can’t get me forward history.

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