COU}.

'iTY COURT OF ]'}{E

C]OUNTY Of." MONRCII]
.THE

S A I'E CIT NEW YORK

PEOPLE Of:'I'HE STATE OF NEW YORK

{'rp a A qRqgME N::Jbar! o$Jfr

.against-

qN

ROBERTWIhSNHR,
Det'endant,

S'I'A'IH OF NEW

Y(}IT.K

) sf;.:

COUNTY OF

l.

I,IONROF.

I, Robert Wiesner. the undersigned defi:ndant, have becn charged in the County

Court of the State of New York, Monroe County, by Indictmenl Number l4-l136(AG). with the
crime of Combination in ltestraint of 'l'rade and Competition, a class "E" felony, in violation of
General lJusiness Law $$ 340 and 341, also knorvn as a violation of New York State's Donnelly
Act,

2.

My attorney is Jarnes Nobles, who is present in court with me today, I am

satisfied with the representation provided to me by my attorney. I understand that t have a right
to have an attorncy throughout the prosecution and trial ofthese charges and

ifl

cannot afford an

attorney, one would be appointed for me.

3,

I have been advised of, and understand, the nature of the eharge against me, the

elements of the offbnse with which I am charged. and the range of permissible sentences.

4.

t3y pleading guilty I arn giving up the following fights, which I have discussed

with my attorney:

a.

I understand that by pleading guilty I am giving up n1y right to

by

l2-person

trial

jury drawn fiom a broad cross-section ol'the

community.

C ouA tlh'1,r'
\

\- at-ao r\,

r-

I understand that

by,

pieading guilty I am giving up my right to have

the People produce rvitnesses to testify against me.

I unelerstand that by pleading guiltl.' I am giving up my right to have

my attorney cross-examine any witnesses who may testify against

me.

I understand that by pleading guilty I am giving up my right to have

my atlorney producc witnesses to testity lbr me.

e.

understand that by pleading guilty

am giving up my right to

remain silent and my right to either testify or not testify at trial.

I understand that by pleading guilty I am giving up my right to have
the People prove my guilt beyond a reasonable doubt by a unanimous

verdict

of l2 jurors

at trial.

I understantJ that by plcading guilty my,plea will operate just like

conviction o{-guilty atter a.iury trial.

h.

I understand that by pleading guilty.

if I have a defense

to this charge,

I am giving up my right to present that defense at trial.

I understand that by pieading guilty I am giving up my right to claim
that the police did anything illegal in regard 1o this charge, and my

right to a hearing to determine if that police conduct was, in fact,

illegal.
J,

I havc been advised ol"and unelerstand rhat I am pleading guilty to

felony, and if I am found guilty of a second felony within ten years, I

will

be sentenced to a State Correctional Facility as a Second Felony

Offender for a maximurn and minimum period of time.

5.

I acknowledge that I have consulted with my attorney about the immigration

consequences of my guilty plea, and

I have been advised that if I am not a United

States citizen,

my guilty plea may subject me to immigration proceedings and removal or deportation from the
Llnited States. I understand that the irnmigration consequences of my plea
separate proceeding bel'ore the irnrnigration

will

be imposed in a

authorities. I wish to plead guilty to the charged

ofibnse(s) regardless of any imrnigration consequences of nry guilty plea, even if my guilty plea

will

cause my removal frorn the United States. I understand that I am bound by

*,u guilty plea

regardless of any immigration consequences of the plea. Accordingly, I waive any and all
challenges to my guilty plea and sentence based on any immigration consequences, and agree nol

to seek to withdraw my guilty plea, or to file a direct appeal or any kind of collateral attack
challenging my guilty plea, conviclion, or sentence, based on any immigration consequences

of

the my guilty plea.

6.

Further, in oonsideration fbr and as part of the plea agreement in this matter,

hereby waive and relinquish my right to appeal from any judgment of conviction, and flom any
proceedings herein that may result from this prosecution.

I have executed

a waiver of right to

appeal form provided to me by the Office of the Attorney General. I have been advised of my

right to appeal, my right to be represented by an attorney on appeal, and my right to have an

afforney assigned for me on appeal

if I cannot afford

that the plea agreement in this rnatter

will

one.

It is my understanding and intention

be a contplete and

final disposition of the matter.

make this waiver knowingly and voluntarily after having been

fully advised of my rights by the

Court and having had a full and lair opportunity to discuss these matters with my attorney.

7.

I hereby' agree to enter a plea o1'guilty in accordance with the terms of the plea

olfer which has been made to me, having consulted with my attorney and having been advised of

allof the rights listed

8.

above.

"l'his agreement

will take effect when and if approved by the court presiding over

People v. Robert wiesner, Monroe County Indictment Number

l4-l136(AG).

9.

'fhe defendant will plead guilty to the crime of Combination in Restraint of l'rade

and Competition, a class'uE" felony, in violation of Ceneral Business Law $$ 340 and 341. also

known as a violation of Nerv York State's Donnelly Act in full satisfaction of lndictment
Number l4-l136(AC).

10,

'l"he def'endant has reviewed

Exhibit A to this agreement and by signing this plea

agreement admits that the facts oontained in

II

At the tirne of his plea, the defendant will allocute under oath and admit that the

facts contained in

12.

Exhihit A to this agreement are true.

Exhibit A to this agreement

are true.

l understand that in accordance with this plea agreement, I will be sentenced to a

three-year conditional discharge on the date of my plea and rvaive any requirement of a presentence investigation between the dale of my plea and sentence.

13.
of

Further, I understand that in accordance with this plea agreement I

f-rve thousand dollars to the State

14.

will pay a fine

ol'New York on or before the date of my plea.

I also understand that in accordance with this plea agreement,I will forfeit three

thousand dollars on or before the

<Jate

of my plea. This three thousand dollar forfeiture

represents illegal gain, including the acceptance of a discounted personal residential alarm
system and discounted monitoring services from 'fechnical Systems Group

15.

("]'sc"),

I understand that the Ncw York State Office of the Attorney Cieneral deerns rhis

plea agreement to cover ancl satisfy any criminal liability originating fiom my acceplance,and

receipt of said discounted personal residential alarm s.v-stem from l'SG and discounted

monitoring services for that alann system up to the date indicated on this agreement,

16.

I understand further that this plea agreement in no way releases me from any civil

liability that I ma-i,have.

17.

I understand that if'l rvas convicted after trial of the erime of Combination in
Restraint of 'l'rade and C'ornpetition. a class "E" I'elonv, in violation of Ceneral Business t,aw
$$
3'10 and

14l. also known

as a

violation of Nerv York State's Donnelly Act, I could have taced a

maximum sentence of one-and-one-third to four years in State prison and a fine of one hundrecl
thousand dollars or double the amount of my gain from the crime, whichever was greater.

18.

I hereby agree to enter a plea of guilty in accordance with the terms of the plea

ofl'er which has been made to me. having consulted with my attorney and having been advised

of

all of the rights listed above.

19.

I understand these rights, and the terms and conditisns of this Plea Agreement,

which I have read completely. My plea of guilty is given freely, voluntarily, knowingly, and
without coercion of any kind. No threats or promises have been made to me to induce me to
plead guilty.

20.

I am nst under the influence of alcohol, drugs, or medication, nor is there any

other mental or physical impairment, which prevents me from understanding these proceedings
here or from entering this plea knowingly. intelligently and voluntarily. My mind is clear and my

judgment is sound.

21.

1"his agreement is limited to the

Oflice of the New York State Attorney General

and cannot bind other government agencies.

Dated: Rochester, New York

January 26.2016

Agreed by:

Witnessed by,

ASSISTANT ATTORNEY GENERAL

PUBLIC INTEGRITY BUREAU

ftorney for Defendant

The above is hereby approved by,

DENNIS KEHOE
ACTINC MONROE COUN'TY COURT JUDGE

EXHIjIT A FACTUAL A.LLOC.UJION

I

l.

2.

In or around 2007, I was the Director of Security for the Monroe County Water
Authority. I began working with Daniel Lynch ("Lynch")o then a Sales Executive at
Siemens Building'fechnologies, lnc. ("Siemens"), Nelson Rivera, the Director of
Information Services for Monroe County, and others to develop a comprehensive public
safbty and security plan tbr Monroe County ("the County") and the l\{onroe County
Water Authority ("MCWA") that, generally speaking, involved upgrading the County's
and MCWA's safbty and security systems (the "Publie Safety project"),

I was aware that Lynch and Rivera had previously set up a projcet involving upgrades the
County infbrmation technology systems, which was finaneed through a Local
Developnrent Corporation ("LDC") called Upstate Telecommunications Corporation
("UJ'C"). From the beginning of its development, the Public Safery project was designed
to modeled on a structure similar to the Ul'C project, namely, by using an LDC.
Because I was working with both Rivera and Lynch in developing the Public Satbty
project, I know that they were both aware of and involvecJ in the plan to use a structure
similar to the U'IC project, i.c.. an LDC, to Ilnance the project,

i
+.

In or around the summer or fail of 2008, I knew that Lynch planned to leave his job as a
forthe purpose of receiving the
assignment of the U'l'C contract liom Siemens and to obtain the contragt for the Public
Safety project.
Sales Executive at Siemens to start his own company

5,

In or around the summer or fbll of'2008, which was prior to the release of the Request for
Proposal for the Public Safbty project (the "ltFP") by the County on February 20,2009, I
knew that Lynch intended to submit a response to the RFP through this company that he
intended to form.

6.

I know that l,ynch fbrrned Navitech Services Corporation ('iNavitec['") in or around

Der:ember 2008 and that Navitech was ultimately awarded the Public Safety contracr.

7.

ln or around the lbll of 2008, prior to the rclease of the RFP, lvhich was on l;ebruary 20,
2009, I assisted l,ynch in assembling a team that would respond to the RFP, along with
Navitech, by, among other things, t-acilitating and hosting meetings in my office it the
MCwA with Lynch and f'echnical systems Group ("TSG") and John perrone, who
ultimately joined Navitech's response to the RFp.

8.

I know that by assisting l,ynch in assernbling the team that would help Navitech respond
to the RFP, prior to the release of the llFP. I was giving l-ynch and Navitech inside
infbrmation which resulted in an unfair advantage in what was supposed to be a

competitive bidding process.

L

From approxirnately the sumnrcr or fall ol30L)8 through the date of the release ol'rhe
ItFP on Februar,v 20,20A9,l. along with Lynch, Rivera and others, assisted in drafting
0

the RFP. I attended meetings, with Lynch, Rivera and others in Rivera's office where
drafts of the RFP were discussed and distributed.
10. During the course of drafting the RFP, and prior to the release of the RFP, I provided
Lynch and other vendors that joined Navitech's response with specific infbrmation about
the MCWA's security needs thal other vendors did not have access to. I continued to
provide infbrmation and acivicc to Lynch and other vendors that joined Navitech's
rcsponse, that other vendors dicl not have access to, between the date of the release of the
I{FP on F-ebruary 20,2009 and the date responses were due on April 2, 2009.

I l. I knorv that by providing inside inl'ormation to l,ynch and other vendors that joined
Navitech's response prior to the release o1'the RFP. and continuing through the date
responses to the RFP were due, I was giving Lynch and Navitech an unfair advantage in
what rvas supposed to be a competitive bidding process.
12. I was on the Selection Comrnittee for the Public Saf-efy contract, along

with Rivera and

others. On or about April 20,2009, the Selection Committee agreed that Navitech's
response to the RFP was the best proposal because Navitech was fhe only proposal that
responded to all ten components crf the RI]P. and because Navitech was the only proposal
thal suggested utilizing an LDC as a financing mechanism for the project.

13.AsecondseleclioncommitteemeetingrvasheldonoraboutApril 28,2009. NickNoce

attcnded this seleclion committee meeting on behalf ol'the MCWA insteacl ol'me. but the
result of this meeting ar"rd the April 20, 2009 meeting was the same and Navitech was
selected as the winning proposal.
14. Irollorving the award of the contract to Navitech, and during the course of Navitech's

execution of the Public Safety project, I attempted to gain employment through Navitech.
15, Following the award of thc contract to TSC. a subcontractor to Navitech on the public
Safety project, I accepted a discounted personal residential alarm system from 1'SG,

including the installation of'and monitoring of that alarm system,

16.

I understand that my actions as described hcrein violated Ceneral Elusiness Larv S{i 340
and 341, also known as Nerv York State's Donnelly Act.