‘COUNTY COURT OF THE STATE OF NEW YORK ‘COUNTY OF MONROE THE PEOPLE OF THE STATE OF NEW YORK agains ocuTION ROBERT WIESNER, Detendant STATE OF NEWYORK) dss COUNTY OF MONROE) |. I Robert Wiesner the undersigned defendent, have ben charged In the County ‘Court ofthe Sate of New York, Monroe County by’ Indictment Number 14-1136(AG), with the ‘rime of Combination in Restraint of Trade and Competition, a class “E" felony in violation of ‘Gencrl Business Law § 340 aud 341, also known asa violation of New York State's Donnelly Act 2 Myatlomey is James Nobles, who i present in court with me today. am ‘tiled with the rpresenaton provided to me by my attorney. 1 understand that | have aright tohave an storney throughout tne prosecution and wal ofthese charges and if cannot afford an storey, one would be appointed fr me 3. hve been advited of, and understand, the nature ofthe charge ayelnst me, the ‘elements ofthe offense with whch Iam charged, and the range of permisibe sentences, 4 _Bypleeding guity lam giving up the following eights, which [have discussed swith my atomey: | Tunderstand that y pleading guilty em giving up my right torial by a 12-person jury drawn from a broad cross-section of the ‘community, Coo Symi r \ VlAn anne >Uunerstand thet by pleading guilty fam giving up my right 1 have the People produce witnesses to testify aginst me, understand thet by plsding guilty am giving up my right to have my storey cross-examine any witnesses who may testify sprinst understand thet by plouding guilty 1am giving up my right shave my atiomey produce witnesses to testy for me | understand that by pleading guilty 1am giving up my right to ‘remain silent and my eight to either testify or nat testify a il | understand that by pleading guilty Tam giving up my right to have the People prove my gilt beyond a reasonable doubt by a unanimous verdit of 12 jurors atrial | understand that by pleading auity my plea wll operate just ikea conviction of guity aftr a jury Wi ‘understand that by pleading guilty, i have a defense tots charge, 1am giving up oy ight to present that defense a ia. 1 understand that by pleading guilty 1am giving up my right to claim at the police did anything ileal in regard o this charge, and my ‘ight toa hearing to determine if that police conduct was, in fat, ‘egal | have been advised of and understand that Iam pleading gullty 10 8 felony, andi am found gulty of second felony within ten year, 1 ill be sentenced to a State Correctional Facility as # Second Felony fender fora maximum and minimum period of time5. Lacknewledge that | have consulted with my attorney about the immigration ‘consequences of my guilty plea, and Ihave been advised that if am nota United States citizen, sy guilty plea may sbject me to immigration proceedings and removal or deportation ftom the ‘United States. 1 undestand thatthe immigration consequences of my plea wil be imposed in 8 ‘separate proceeding before the immigration authorities. wish to plead guilty tothe charged ‘oftenses) regardless of eny immigration consequences of my guilty pla, even if my guiky ples ‘will cause my removal fom the United States. I understand that | am bound by my guilt plea regardless of any immigration consequences ofthe ples. Accordingly, waive any and al ‘challenges to my guily plea and sentence based on any immigration consequences, and agree not ‘to seek o withdraw my guilty plea ot file a diect appeal or any kind of collateral aac ‘challenging my guilty ple, conviction. or sentence, based on any immigration consequerces of. ‘the my guilty plea 6. Further in consideration for and as par ofthe plea agreement in this matter, Inereby waive and relinquish my right to appeal fiom any judgment of conviction, and fem any proceedings herin that may result fom this prosecution. Ihave executed a waiver of ight to appeal form providedto me bythe Office ofthe Atoney General. Ihave been edvsed cf my Fight o appeal, my righ tobe presented by an attorney on appeal, and my right to havesn _attomey asigned for me on appeal if eanot afford one. tis my understanding and intention thatthe plea agreement in this mater will be a complete and fina disposition ofthe mater. 1 make this waiver knowingly and voluntarily alter having been filly advised of my rightsby the ‘Cour and having hada fll and fir opportunity to discuss these maters with my storey 7. hereby agree to enter plea of guilty in accordance withthe terms ofthe plea ‘ler which has been made to me, having consulted with my atorney and having been advised of all of the rights listed above. 8 This agreement will ake effect when and if approved by the coun presiding over People v. Robert Wisner. Monroe County Indicment Number 14-1136(AG),9. The defendant will plead put tothe crime of Combination in Restraint of Trade and Competition, a class “E" felony in violation of General Business Law §§ 340 and 341. also known asa violation of New York State's Donnelly Act in ful stisfation of Indictment ‘Number 14-1136(AG). 10. ‘The defendant has reviewed Exhibit Ato this agreement and by signing this ples agreement admit thatthe facts contained in Exhibit A to this agreement are tue. 11, Atthe time of his pea the defendant will alloeute under oath and admit thatthe facts conned in Exhibit Ato this agreement ar tru. 12, 1 understand that in accordance with this plea agreement, will be sentenced 10 @ three-year conditional discharge onthe date of my plea and waive any requirement of apr: sentence investigation between the date of my plea and sentence, 13, Further, I understand that in accordance with this plea agreement | will pay 8 fine ‘of five thousand dollars tothe Sate of New York on or before the date of my ple. 114, aso understand that in accordance with his plea agreement, I will forfeit three ‘thousand dollars on o before the date of my ples. This three thousand dollar forfeiture represents ilegal gain. including the acceptance ofa discounted personal residential alarm system and discounted monitoring services from Technical Systems Group ("TSG"), 15, understand thatthe New York State Office ofthe Attorney General deems this plea agreement o cover and satisfy any criminal ibility originating from my aeeptance and ‘eceipt of sid discounted personal residents slam system from TSG and discounted ‘monitoring services for that alarm system up to the date indicated on this agreement 16. understand further tht this plea agreement in no way releses me frm any civil Tibiity that 1 may have, 17, understand that | was convicted afer tial ofthe erime of Combination in Rests of Trade und Competition lass felony, in violation of General Dusness Law §§ 340 and 341. also known a2 violation of New York State's Donnelly Act, | eould have faced a ‘maximum sentence of one-and-one-tird to four yer in State prison and a fine of one hundred ‘thousand dollars or double the amount of my gin ffom the crime, whichever was greater.18, I haeby agree to enter a plea of guilty in accordance with the terms ofthe plea oller which has ben made fo me, having consulted with my attorney and having been advised of all ofthe rights ited above. 19. understand these rights, and the terms and conditions ofthis Plea Agreement which have read completely, My ple of guy is given ely, voluntarily, knowingly, and ‘without coercion of any kind, No threats or promises have been made to me to induce ms to plead pul 20, 1am not under the influence of alcohol, drug, oF medication, noristhereany ‘ther mental or physical impairment, which prevents me fom understanding these proceedings here oF from entering this plea knowingly. intelligently and voluntarily, My mind is clear and my judgment is sound. 21, This agreement i limited tothe Office of the New York State Attorney General and cannot bind cther government agencies. Daeg: Rochester. New Yor anwar 262016 a ROBERD WISNER ASSISTANT ATTORNEY GENERAL PUBLIC INTEGRITY BUREAU Witnessed by, yx 3 Defeidaat ‘The above is hereby approved by, ‘ACTING MONROE COUNTY COURT JUDGE 5EXHIBET A FACTUAL, ‘TION In or around 2007, | was the Director of Security forthe Monroe County Water ‘Authority. began working vith Daniel Lynch (*Lyneh"), then a Seles Executive at Siemens Building Technologies, In. ("Siemens"), Nelson Rivera the Director of Information Services for Monroe County, and others to develop comprehensive public salety and security plan for Montoe County ("he County”) andthe Monroe Courty ‘Water Authoriy (°MCWA") that, generally speaking, involved upgrading the County’ and MCWA's salty and security systems (the "Public Safety projec”) | was aware that Lynch and Rivera had previously setup a project involving uparades the ‘County information technology spstoms, which Was financed through a Local Development Corporation ("DC") called Upstate Tolecommunications Corporton (CUTC’). From the beginning ofits development, the Public Safety project was designed to modeled ona stueture similar tothe UTC project, namely, by using an LDC. ‘Because I was working with both Rivera and Lynch in developing the Public Salty project. I know that they were both aware of and involved inthe plan to se a strcture Similar othe UTC projec, i. an LDC, to finance the project. In or around te summer or fll of 2008, | knew that Lyneh planned to leave his nb as 8 es Executive at Siemens to start his own company forthe purpose of receiving the sssigament ofthe UIC contract from Slemens and obtain the ontract for the Public Safety projet. In or around the summer or fall oF 2008, which was prior to the release of the Request for Proposal forte Public Safety projet (the “REP”) by the County on February 20,2009, | ‘knew thet Lynch intended to submit # response tothe REP through this company that he intended to form. "know that Lanch formed Navitech Services Corporation (*Navitesh) in or around December 2004 and tht Navitech was ultimately ewarded the Public Safety contact. In or around the fall 2008, prior tothe release of the REP, which was on Febrary 20. 2008, assisted Lynch in assembling u team that would respond tothe RFP. along with [Naviiech, by, among other things, facilitating and hosting mectings in my office athe MCWA with Lynch and Technical Systems Group ("TSG") and John Petrone, who ulimately joined Navitec’s response tothe RFP 1 know that by assisting Lynch in assembling the team that would help Navitech espond to the RFP. porto the rclease ofthe REP. I was giving Lynch and Navitech inside information waich resulted in an unfair advantage in what was supposed 1 be a compatitive bidding process. From approxinately the sumer or fll of 2008 trough the date ofthe release ofthe REP on Februsty 20, 2009, I along with Lynch, Rivers and others, asised in drafting ‘10. v. 1. the RFP. Lttenced meetings, with Lynch, Rivera and others in Rivera's office where Gralls oF the REP were discussed and distributed During the cous: of drftng the REP. and prior tothe release of the REP, I provided Lynch and other vendors tha joined Navitech’s response with specific information about the MCWA's security needs that athe vendors didnot have acess to. I continued to provide informaton and advice o Lynch und other vendor that joined Navitech’s response. that other vendors Ji not have accesso, between the dae ofthe release ofthe REP on February 20,2009 and he date responses were due on Apri 2, 2009, | know that by providing inside information to Lynch and other vendors that joined NNaviteeh's response prior to the release ofthe RFP, and continuing through the date responses tothe RFP were due, Iwas giving Lynch and Navitech an unfair vantage in what was supposed to be a competitive bidding process. 11 was onthe Seletion Commitee forthe Public Safety contract, along with Rivera and ‘others. On or about April 20, 2009, the Selection Commitee agreed that Navtech's response tthe RFP was the best proposal because Navtech was the only propos that responded 1o al en componens othe REP, and because Navitech was the only proposal that suggested ulizing an LDC asa financing mechanism forthe project, {A second selection committe: meeting was held on or about April 28,2009. Nick Nove attended this selection committe meeting on behalf ofthe MCWA instead of me, but the result of ths mesting and the Apri 2, 2009 meeting was the same and Navitech was Selected as the winning proposal Following the avard ofthe contacto Navitech, and during the course of Navitech’s execution ofthe Public Safty project, | attempted to gain employment through Navitech Following the avard of the contract to TSG. a subcontractor to Navitech onthe Public Safety project, | ccepted a discounted personal residential lan stem from TSG, including the insallaton of and monitoring of tht alarm system, | understand thatmy ations as described herein violated General Business Law §§ 340 and 341 also known as New York Sates Donnelly Ac