Case 3:08-cr-00230-CSH Document 229 Filed 01/08/10 Page 1 of 14

UNITED STATES DISTRICT COURT

DISTRICT OF CONNECTICUT

GRAND JURY N-06-05

UNITED STATES OF AMERICA : Criminal No.

:
v. : VIOLATIONS:
:
JAMES BOTTI : 18 U.S.C. § 371 [Conspiracy to Defraud]
18 U.S.C. § 666 [Bribery of a Public Official]
18 U.S.C. § 1341, 1346 [Mail Fraud]

INDICTMENT

The Grand Jury charges:

COUNT ONE

(Conspiracy to Defraud the Citizens of Shelton, Connecticut)

The Defendant and his Coconspirator

1. At all times relevant to this Indictment, JAMES BOTTI (“BOTTI”), the defendant

herein, was a resident of Shelton, Connecticut. BOTTI owned and operated companies that

provided construction services, developed commercial sites, and leased buildings to third parties.

As a developer, BOTTI routinely sought approval from public commissions in Shelton.

2. At all times relevant to this Indictment, an elected public official known to the Grand

Jury (hereinafter identified as “Public Official # 1") was a resident of Shelton. Public Official #

1 was BOTTI’s co-conspirator but is not named as a defendant herein. Public Official # 1 owed

a duty of loyalty and honest services to the citizens of Shelton, Connecticut in the performance of

his public duties, free from deceit, favoritism, bias, conflict of interest and self-enrichment.

Public Official # 1 was an agent of a local government, the City of Shelton, authorized to act on
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behalf of the government of Shelton.

3. At all times relevant to this Indictment, the City of Shelton received federal funds. For

each of the fiscal years ending June 30 from 2002 through 2007, Shelton received more than

$10,000 under a Federal program involving a grant, contract, subsidy, loan, guarantee, insurance

or other form of Federal assistance.

4. At all times relevant to this Indictment, the citizens of Shelton were entitled to receive

honest services from their elected and appointed officials, free from deceit, favoritism, bias,

conflict of interest and self-enrichment.

The Shelton Commissions

5. At all times relevant to this Indictment, the City of Shelton utilized a Planning and

Zoning Commission to determine land use decisions that were in the best interest of the citizens

of Shelton. The commission (hereafter “P & Z”) consisted of six voting members who were

elected by the citizens of Shelton every two years. The P & Z conducted regular meetings on the

second Tuesday of each month and special meetings, if necessary, were conducted on the fourth

Tuesday of each month. The P & Z considered applications submitted by persons or entities that

sought land use decisions.

6. At all times relevant to this Indictment, the City of Shelton utilized an

Inland/Wetlands Commission to determine land use decisions for the protection, preservation,

maintenance and use of the Inland Wetlands and Watercourses that were in the best interest of

the citizens of Shelton. The commission (hereafter “Inland/Wetlands”) consisted of

approximately six voting members who were appointed for five year terms. The Inland/Wetlands

met approximately once a month to consider applications submitted by persons or entities that

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sought decisions affecting the environment.

The Conspiracy to Defraud the Citizens of Shelton

7. From in or about January 2002 until on or about the date of this Indictment, in the

District of Connecticut and elsewhere, JAMES BOTTI, the defendant herein, knowingly and

willfully conspired and agreed with Public Official # 1 and others known and unknown to the

Grand Jury to commit offenses against the United States, namely to devise a scheme and artifice

to obtain money, and property, and to defraud the citizens of Shelton of the intangible right to the

honest services of Public Official # 1 and other public officials, free from deceit, favoritism, bias,

conflict of interest, and self enrichment, by means of materially false and fraudulent pretenses,

representations, and promises, utilizing and causing the United States mails to be used for the

purpose of executing that scheme and artifice, contrary to Title 18, United States Code, Sections

1341 and 1346.

The Principal Goals of the Conspiracy

8. The principal goals of the conspiracy were for BOTTI: (a) to provide Public Official

# 1 with money and other benefits in an effort to induce Public Official # 1 to use his influence to

help BOTTI obtain approval from the Shelton commissions on his land use applications; (b) to

reward Public Official # 1 for using his position to further BOTTI’s financial interests; (c) to

affirmatively conceal his corrupt acts, and the benefits he provided to Public Official # 1; and (d)

to deprive the citizens of Shelton of the honest services of its elected and appointed officials.

The Manner and Means of the Conspiracy

9. Among the means and methods employed by BOTTI and Public Official # 1 to further

and carry out the conspiracy and to effect its unlawful objects were those set forth below in ¶¶ 10

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through 44.

BOTTI Provides Benefits to Public Official # 1 By Paying for Materials

and Contractors at Public Official # 1's Residence

10. In or about 2002, BOTTI sought to provide Public Official # 1 with construction

services and materials at Public Official # 1's residence free of charge. BOTTI caused

merchants who provided materials used at Public Official # 1's residence to send the bills to

BOTTI. During 2002, BOTTI paid other contractors and a merchant for labor and materials

used to provide construction services at Public Official # 1's residence.

11. In or about October 2002, BOTTI sought to conceal the fact that he was providing a

benefit to Public Official when BOTTI paid a contractor for work performed at Public Official #

1's residence. Rather than pay the contractor directly, BOTTI caused another person to write a

check made out to the contractor. One week later, BOTTI wrote a check to this other person to

cover the check written by the other person to the contractor.

12. In an effort to conceal the fact that BOTTI was providing a benefit to Public Official

# 1, BOTTI caused payments made for the benefit of Public Official # 1 to be charged as

business expenses of BOTTI’s construction project at another location. Thereafter, BOTTI

deducted these expenses on his federal tax returns for the year 2002 and 2003 and caused these

returns to be mailed to the Internal Revenue Service (“IRS”).

13. In or about October 2003, BOTTI caused a check to be sent to pay a merchant that

provided materials used for the construction project in 2002 at Public Official # 1's residence.

14. In or about December 2003, allegations appeared in the press that the Governor of

Connecticut had accepted benefits from contractors seeking business with the State of

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Connecticut. At or about that time, BOTTI represented that what the Governor did was nothing

compared to what was done at Public Official #1's residence.

15. From in or about 2002 to in or about January 2004, BOTTI attempted to cover up

the fact that he had provided benefits to Public Official # 1 in 2002 and 2003. BOTTI directed

an employee of his business to back date a letter to Public Official # 1 regarding the services

provided to Public Official # 1. BOTTI directed the employee not to mail the letter to Public

Official # 1.

16. In or about January 2004, Public Official # 1 provided BOTTI with a check for

$19,654 to pay for services rendered in 2002.

BOTTI Expects the Benefits he Provides to Public Official # 1 will Result in

Favorable Treatment for BOTTI and his Construction Projects

17. From in or about 2002 to 2006, BOTTI provided Public Official # 1 with favors and

benefits when Public Official # 1 made requests to BOTTI. BOTTI provided Public Official #

1 with the benefits and favors without charge. BOTTI expected that the benefits he provided to

Public Official # 1 would result in favorable treatment for BOTTI and his construction projects.

18. In or about October 2003, BOTTI represented that Public Official # 1 would not

interfere with a project BOTTI was building on Bridgeport Avenue in Shelton (hereafter “Crown

Point Project”) because Public Official # 1 owed BOTTI money.

19. In or about December 2003, BOTTI sought to obtain approval from the

Inland/Wetlands commission in Shelton regarding his Crown Point Project. In an effort to obtain

this approval, BOTTI had discussions with an Inlands/Wetlands commissioner whereby BOTTI

would receive approval from the commission in exchange for BOTTI using his influence with

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Public Official # 1 to help the Inlands/Wetlands commissioner. Public Official # 1 advised

BOTTI that he would get a favorable vote for BOTTI from Inlands/Wetlands.

20. In or about December 2003, BOTTI represented that if Public Official # 1 or any

other public official tried to interfere with BOTTI, BOTTI would expose the corrupt activities

of “17 developers and a good chunk of town hall” in Shelton. BOTTI also represented that he

could cause the Federal Government to “collapse the town hall.” As BOTTI explained “I can do

that.”

21. In or about January 2004, BOTTI represented that he had an understanding with

Public Official # 1 that no one would be delaying his Crown Point project.

22. In or about March 2004, BOTTI received approval from Inland/Wetlands regarding

his Crown Point project.

23. In or about May 2004, BOTTI provided Public Official # 1 with a check for $8,925

for services purportedly rendered by a business owned by Public Official # 1 to BOTTI in

December 2003.

BOTTI’s Application to the P & Z Commission

Regarding 828 Bridgeport Avenue

24. In or about early 2006, BOTTI filed application # 06-14 with P & Z to obtain special

exception approval to construct two restaurants and a bank at 828 Bridgeport Avenue, Shelton

(hereafter the “828 Project”).

25. On or about May 15, 2006, BOTTI signed a contract to purchase 828 Bridgeport

Avenue for $4.0 million dollars. Pursuant to the contract, BOTTI had 60 days to close on the

purchase.

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26. In or about May 2006, BOTTI directed employees and persons affiliated with his

business to attend a public hearing before P & Z and speak in favor of BOTTI’s application

without disclosing their affiliation with BOTTI.

27. At a June 13, 2006 P & Z meeting, P & Z preliminarily indicated by a 4 to 2 vote that

the application would not be granted. In an effort to obtain a favorable ruling from P & Z,

BOTTI contacted Public Official # 1. In order to induce Public Official # 1 to support the

project and to use his influence with P & Z, and to reward Public Official # 1 for doing so,

BOTTI provided Public Official # 1 with a monetary benefit.

28. Between on or about June 13, 2006 to on or about June 20, 2006, Public Official # 1

contacted a P & Z commissioner (hereafter “commissioner # 1"). Commissioner # 1 advised

Public Official # 1 that based on the June 13, 2006 P & Z meeting, it did not appear that the 828

Project application would be approved. Public Official # 1 requested commissioner # 1 to: (a)

obtain the necessary votes from P & Z to approve the 828 Project; and (b) place the 828 Project

application on the June 20, 2006 P & Z agenda so that it could be approved at the June 20, 2006

meeting.

29. Pursuant to the instructions given to Commissioner # 1 by Public Official # 1,

Commissioner #1 contacted two P & Z commissioners (hereafter “Commissioner # 2" and

“Commissioner # 3") and attempted to convince these commissioners to vote in favor of the 828

Project.

30. On or about June 20, 2006, BOTTI directed another P & Z commissioner (hereafter

“Commissioner # 4") to approach Commissioner # 2 and request that Commissioner # 2 attend

the June 20, 2006 P & Z meeting and vote in favor of the project. Commissioner # 4, who had

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received constructions service from BOTTI without charge, did direct Commissioner # 2 to

attend the meeting and to vote in favor of the 828 Project.

31. On or about June 20, 2006, P & Z voted in favor of the 828 Project by a vote of 4 to

2.

32. On or about June 22, 2006, BOTTI received a commitment letter from a financial

institution that required BOTTI to produce a Certificate of Zoning Compliance concerning the

828 Project before BOTTI received financing.

33. On or about June 28, 2006, the City of Shelton mailed a certified letter to BOTTI’s

representative advising BOTTI that P& Z had approved application # 06-14.

34. In or about July 2006, BOTTI obtained approval for $6.5 million in financing from a

financial institution to purchase 828 Bridgeport Avenue and perform site development work at

the property. In order to obtain this financing, BOTTI presented the financial institution with the

June 28, 2006 letter from P & Z approving the 828 Project.

BOTTI Provides Things of Value to Public Officials For Their Assistance

35. In or about 2006, BOTTI maintained hundreds of thousands of dollars in his office

safe. In an effort to induce Public Official # 1 to use his official position to take actions to help

BOTTI and to reward Public Official # 1 for doing so, BOTTI permitted Public Official # 1 to

take cash from BOTTI’s office safe.

36. Subsequent to the P & Z vote on the 828 Project, BOTTI provided two of the

commissioners who voted in favor of the project with a monetary reward in the form of a gift

certificate. BOTTI also provided a gift certificate to Commissioner # 4 and provided

approximately $2,000 to Commissioner # 2 for an event BOTTI held at a business owned by

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Commissioner # 2.

BOTTI Conceals Cash from the IRS and Federal Authorities

37. Beginning in or about June 2006, BOTTI sought to conceal from the IRS and federal

law enforcement authorities the cash that he maintained in his office and used for the corrupt

purposes described in this Indictment.

38. From in or about June 2006 to the date of this Indictment, BOTTI concealed the cash

by structuring bank transactions, and causing other persons to structure bank transactions, in an

effort to prevent financial institutions from filing required forms with the IRS that would reveal

the existence of the cash.

39. On or about July 14, 2006, BOTTI falsely represented to Special Agents of the IRS

that:

(a) he had no cash, other than the cash in his pocket, and less than $5,000 at year

end whereas in truth, BOTTI had hundreds of thousands of dollars in cash; and

(b) all rents that he received from leases were paid by check whereas in truth,

BOTTI received rent of more than $35,000 dollars in cash from a tenant.

40. On or about July 14, 2006, at or about the time BOTTI was being interviewed by

Special Agents of the IRS, a person associated with BOTTI removed cash from BOTTI’s office

in an effort to hide the cash from the IRS and federal law enforcement authorities.

41. In or about June 2007, BOTTI was informed by federal law enforcement authorities

that he was under criminal investigation. After being so advised, BOTTI sought to intimidate

and confront a witness in the investigation by approaching the witness in or about August 2007.

BOTTI advised the witness that if the witness told federal authorities about the money in

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BOTTI’s safe, BOTTI and another person were looking at jail.

42. In or about 2007, BOTTI paid a contractor who did construction work on BOTTI’s

home with approximately $65,000 in cash and directed the contractor not to disclose the fact that

BOTTI had paid him in cash.

43. In or about September 2008, BOTTI advised the contractor referenced in paragraph

42 that federal agents were seeking to obtain information from persons in Shelton as part of a

federal investigation. BOTTI directed the contractor not to disclose to the federal agents the fact

that BOTTI had paid the contractor cash.

Overt Acts in Furtherance of the Conspiracy

44. In furtherance of the conspiracy and to accomplish its unlawful objects, defendant

BOTTI and his coconspirator Public Official # 1 committed and caused to be committed the

overt acts set forth in ¶¶ 10 through 43 and 44 (a) through (o), in the District of Connecticut and

elsewhere on or about the dates set forth therein.

(a) In or about April 2002, BOTTI paid a framer who performed work at the residence of

Public Official # 1.

(b) On or about October 4, 2002, BOTTI caused another person to write a check to a

contractor who performed work at the residence of Public Official # 1.

(c) On or about October 12, 2002, BOTTI wrote a check to the person in paragraph 44(b)

to reimburse the person for providing the check to a contractor who performed worked at the

residence of Public Official # 1.

(d) On or about November 7, 2002, BOTTI wrote a check to pay a lumber company

(Lumber Company # 1) that provided lumber that was used to perform work at the residence of

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Public Official # 1.

(e) On or about December 9, 2002, BOTTI created an invoice that purported to bill

Public Official # 1 for lumber supplied by a lumber company (Lumber Company # 2).

(f) On or about October 10, 2003, BOTTI caused a check to be issued to pay Lumber

Company # 2 for lumber that was used to perform work at the residence of Public Official # 1.

(g) On or about May 26, 2004, BOTTI caused a check to be written to Public Official #

1's business to pay for services purportedly rendered in December 2003.

(h) In or about May 2005, BOTTI sent an employee to assist Public Official # 1 in

response to Public Official # 1's request for labor assistance.

(i) In or about early 2006, BOTTI requested another person to cash a check and provide

BOTTI with the cash to enable BOTTI to give cash to Public Official # 1.

(j) In or about April 2006, BOTTI claimed in a personal financial statement provided to a

financial institution that he had $3.4 million in “cash on hand, checking and Savings & Bonds.”

(k) In or about June 2006, BOTTI provided Public Official #1 with a monetary payment.

(l) On or about June 19, 2006, BOTTI advised a financial institution that he would obtain

approval of his application on the 828 Project on June 20, 2006.

(m) On or about July 14, 2006, BOTTI made false representations to special agents of

the IRS.

(n) In or about December 2006, BOTTI caused checks to be written to Commissioner #

2's business.

(o) In or about December 2006, BOTTI provided gift certificates to two P & Z

commissioners who voted in favor of the 828 Project.

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All in violation of Title 18, United States Code, Section 371.

COUNT TWO

(Bribery of Public Official # 1)

45. The allegations set forth in ¶¶ 1 through 6 and 8 through 44 of Count One of this

Indictment are hereby realleged and incorporated as though set forth in full herein.

46. In or about June 2006, in the District of Connecticut, and elsewhere, JAMES

BOTTI, the defendant herein did knowingly and corruptly give, offer, and agree to give things of

value to Public Official # 1, an agent of a local government, intending to influence and reward

Public Official # 1 in connection with a business, transaction and series of transactions of the

City of Shelton, and the P & Z commission involving a thing of value of $5,000.00 and more, by

providing money to Public Official # 1 to influence Public Official # 1 to use his position and

authority to assist BOTTI to obtain approval from P & Z of application # 06-14 concerning the

828 Project and to reward Public Official # 1 for doing so.

In violation of Title 18, United States Code, Section 666(a)(2).

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COUNT THREE

(Scheme to Obtain Money and Property and to Defraud Shelton Citizens

of the Right to Honest Services by Mail Fraud)

47. The allegations set forth in ¶¶ 1 through 6 and 8 through 44 of Count One of this

Indictment are hereby realleged and incorporated as though set forth in full herein.

48. From in or about 2002 to in or about July 2006, in the District of Connecticut and

elsewhere, JAMES BOTTI, the defendant herein, knowingly and willfully and with intent to

defraud devised and intended to devise a scheme and artifice to obtain money and property and to

defraud the citizens of Shelton of the intangible right to the honest services of Public Official # 1

and other public officials, free from deceit, favoritism, bias, conflict of interest, and self

enrichment by means of materially false and fraudulent pretenses, representations and promises,

which scheme and artifice is in substance as set forth in paragraphs 8 through 44 of Count One of

this Indictment.

The Execution of the Scheme and Artifice

49. On or about June 28, 2006, for the purpose of executing the above scheme and

artifice and attempting to do so, at Shelton, in the District of Connecticut and elsewhere, JAMES

BOTTI knowingly and willfully caused to be delivered by United States certified mail according

to the direction thereon an envelope containing P & Z’s approval of the 828 Project.

In violation of Title 18, United States Code, Sections 1341 and 1346.

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A TRUE BILL

/S/_____________________________
FOREPERSON

/S/____________________________________
NORA R. DANNEHY
ACTING UNITED STATES ATTORNEY

/S/____________________________________
ALINA REYNOLDS
SUPERVISORY ASSISTANT
UNITED STATES ATTORNEY

/S/____________________________________
RICHARD J. SCHECHTER
SENIOR LITIGATION COUNSEL

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