US V Singh - Mini

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1 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA, CR-15-00450
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5 -against-
U.S. Courthouse
6 Central Islip, NY
HARENDRA SINGH,
7 October 17, 2016
Defendant. 12:45 p.m.
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9
10 TRANSCRIPT OF PLEADING
BEFORE THE HONORABLE SANDRA J. FEUERSTEIN
11 UNITED STATES DISTRICT JUDGE
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APPEARANCES:
13
For the Government: ROBERT L. CAPERS
14 United States Attorney
100 Federal Plaza
15 Central Islip, NY 11722
By: CATHERINE MIRABLE, ESQ.
16 RAYMOND TIERNEY, ESQ.
RUSSELL CAPONE, ESQ.
17 LARA TREINIS GATZ, ESQ.
Assistant U.S. Attorneys
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For the Defendant: ANTHONY LAPINTA, ESQ.
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Court Reporter: Owen M. Wicker, RPR
21 100 Federal Plaza
Central Islip, NY 11722
22 (631) 712-6102
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24
Proceedings recorded by mechanical stenography; transcript
25 produced by computer transcription.
OWEN WICKER, RPR

OFFICIAL COURT REPORTER
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1 THE COURT: There's no one here who is not an 1 subsequently learn that you have not been forthcoming,
2 agent, affiliated with the government or the defendant? 2 honest and truthful, then additional charges may be filed
3 MS. MIRABLE: That's correct. 3 against you which will carry penalties, in addition to
4 MR. LAPINTA: Yes. 4 those charges to which you are pleading guilty.
5 THE COURT: I want to make sure the courtroom is 5 Understood?
6 locked. 6 THE DEFENDANT: Yes, your Honor.
7 THE CLERK: 15-CR-450. U.S. vs. Singh. 7 THE COURT: Now, have you gone over what it
8 MS. MIRABLE: Catherine Mirable with the United 8 means to waive indictment?
9 States. With me is Ray Tierney, AUSA Lara Gatz and AUSA 9 THE DEFENDANT: Yes, your Honor.
10 Russell Capone. Mr. Capone is from the Southern District 10 THE COURT: Did you fully understand what you've
11 of New York. 11 discussed with Mr. LaPinta?
12 MR. LAPINTA: Anthony LaPinta, for Harendra 12 THE DEFENDANT: Yes.
13 Singh. Mr. Singh is seated to my left. 13 THE COURT: Now, I also want you to understand
14 THE COURT: Mr. Singh, please raise your right 14 that if I say anything or the government says anything or
15 hand. 15 even Mr. LaPinta says anything that you do not understand
16 (Defendant sworn.) 16 or that does not comport with your understanding of what
17 THE COURT: Put your hand down. State your 17 was to proceed here this morning, I want you to tell
18 name. 18 Mr. LaPinta. I want you to stop the proceedings. We'll
19 THE WITNESS: Harendra Singh. H-A-R-E-N-D-R-A 19 address your concerns or any questions you have, anything
20 S-I-N-G-H. 20 at all.
21 THE COURT: Your attorney, Mr. LaPinta, has 21 Understood?
22 advised me you wish to enter a guilty plea today to 22 THE DEFENDANT: Yes, your Honor.
23 certain counts in the superseding information. 23 THE COURT: Okay. How old are you, sir?
24 THE DEFENDANT: Yes, your Honor, I do. 24 THE DEFENDANT: 57, your Honor.
25 THE COURT: And I placed you under oath because 25 THE COURT: What is your educational background
OWEN WICKER, RPR OWEN WICKER, RPR
OFFICIAL COURT REPORTER OFFICIAL COURT REPORTER
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1 a plea is a serious decision and I must be certain that 1 and history?
2 you are entering the plea of your own volition, completely 2 THE DEFENDANT: I have two, two-year degree,
3 voluntarily, that you are making this decision with a full 3 associated degree.
4 understanding of your rights and the consequences of your 4 THE COURT: Two, two-year associate degrees?
5 plea, and I'm also going to ask you some questions about 5 THE DEFENDANT: Yes.
6 your health and your ability to make decisions today so 6 THE COURT: What are they in?
7 that we can make certain as well that you are doing so 7 THE DEFENDANT: In business administration and
8 with full understanding and not under any sort of pressure 8 air-conditioning and heating.
9 or under any sort of a disability. 9 THE COURT: Clearly you are able to speak and
10 Understood? 10 understand English, correct?
11 THE DEFENDANT: Yes, your Honor. 11 THE DEFENDANT: Yes, ma'am.
12 THE COURT: There's a superseding information 12 THE COURT: Do you speak another language?
13 here, is that the plea is to? 13 THE DEFENDANT: Yes, I do. I speak Hindi.
14 MS. MIRABLE: Yes. 14 THE COURT: Are you most comfortable in English
15 THE COURT: Then I need a waiver of indictment. 15 or Hindi?
16 Have you explained what a waiver of indictment 16 THE DEFENDANT: Yes, English is fine.
17 is to your client, Mr. LaPinta. 17 THE COURT: You are completely comfortable in
18 MR. LAPINTA: I have, yes. 18 English?
19 THE COURT: Are you satisfied that he fully 19 THE DEFENDANT: Yes.
20 understands it. 20 THE COURT: Have you discussed this case with
21 MR. LAPINTA: I am. 21 your client in English, Counsel?
22 THE COURT: Mr. Singh, the reason I placed you 22 MR. LAPINTA: Yes.
23 under oath is that I must be certain the answers that you 23 THE COURT: Are there any problems?
24 are going to give me to the questions which I pose to you 24 MR. LAPINTA: None.
25 will be forthcoming, honest and truthful. If I 25 THE COURT: Are you able to communicate with him
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1 completely in English? 1 THE COURT: Have you ever been treated for a
2 MR. LAPINTA: Clearly. 2 drug-related problem.
3 THE COURT: Mr. Singh, again I must be certain 3 THE DEFENDANT: No, your Honor.
4 any decisions you make today you are making with a clear 4 THE COURT: Do you feel your mind is clear as
5 head so I am going to be asking you some questions about 5 you sit here today?
6 your health. 6 THE DEFENDANT: Yes.
7 Are you presently under the care of a 7 THE COURT: Counsel, in your view, does your
8 psychiatrist for any reason? 8 client understand the rights he would be waiving?
9 THE DEFENDANT: I was while I was in the MDC, 9 MR. LAPINTA: Yes, your Honor. If I may just
10 but right now I am not. 10 add briefly.
11 THE COURT: All right. Are you under the care 11 THE COURT: Sure.
12 of any other type of physician at this point? 12 MR. LAPINTA: I'm aware, your Honor, that my
13 THE DEFENDANT: Yes, I had a few elements, like 13 client has suffered significant bouts of depression since
14 my back and I'm a very bad diabetic, but I'm under care 14 the onset of these charges. He has taken the medication
15 and I'm feeling better. 15 for the depression. I know him not to have any
16 THE COURT: Do you take medication, either for 16 psychiatric conditions. I know him not to be taking or
17 the psychiatric issues or for your physical/medical 17 have taken any psychotropic medications of any sort, but I
18 issues? 18 want the Court to be aware he has suffered depression and
19 THE DEFENDANT: Yes, I do. 19 has taken depressants for that illness.
20 THE COURT: What type of medication? 20 THE COURT: He's not taking them now.
21 THE DEFENDANT: I take for my gall bladder 21 MR. LAPINTA: That's correct.
22 issue, my diabetic, and also my back pain and also I take 22 THE COURT: And he hasn't taken them for quite
23 some pills which calms me down to sleep. 23 awhile.
24 THE COURT: What is that you take? 24 MR. LAPINTA: It's relative, but clearly not so
25 THE DEFENDANT: Medication to sleep. 25 far as affecting this proceeding or my dealing with him.
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1 THE COURT: What is it. 1 THE COURT: Do you feel he's competent as he
2 THE DEFENDANT: It's -- I forgot the name. I 2 sits here today?
3 think -- I'm sorry, it's melatonin. 3 MR. LAPINTA: Clearly.
4 THE COURT: Oh, melatonin? 4 THE COURT: I'm sorry?
5 THE DEFENDANT: Yes. 5 MR. LAPINTA: Clearly competent.
6 THE COURT: Does anything you take affect your 6 THE COURT: So you have no question as to his
7 ability to think or to reason? 7 competency to proceed?
8 THE DEFENDANT: No. 8 MR. LAPINTA: None whatsoever.
9 THE COURT: Do you feel that you have your full 9 THE COURT: Have you discussed the question of
10 faculties at this moment? 10 his guilty plea with him?
11 THE DEFENDANT: Yes. 11 MR. LAPINTA: Repeatedly.
12 THE COURT: Have you had any alcoholic beverages 12 THE COURT: Mr. Singh, are you satisfied with
13 in the last 24 hours? 13 the representation you've received from Mr. LaPinta?
14 THE DEFENDANT: No, I don't drink, your Honor. 14 THE DEFENDANT: Yes, your Honor.
15 THE COURT: Have you ever taken any type of 15 THE COURT: Do you have any further questions?
16 pills, drugs or medicine the last 24 hours other than the 16 Do you feel you need more time to discuss with him the
17 ones you've told me about? 17 question of anything with respect to your guilty plea?
18 THE DEFENDANT: No, just the medication which I 18 THE DEFENDANT: He has answered all of my
19 told you. 19 concerns.
20 THE COURT: And none of that affects your 20 THE COURT: You have no need to discuss anything
21 judgment or your ability to make decisions? 21 further with him, is that correct.
22 THE DEFENDANT: No. 22 THE DEFENDANT: Yes, your Honor.
23 THE COURT: Have you ever been hospitalized for 23 THE COURT: We're going to talk about the fact
24 a drug-related problem? 24 that you are proceeding under an information and not an
25 THE DEFENDANT: No. 25 indictment. Please listen carefully.
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1 Have you been given a copy of the superseding 1 THE DEFENDANT: No, your Honor.
2 information against you? 2 THE COURT: Now, all of the charges have just
3 THE DEFENDANT: Yes. 3 been outlined for you by Ms. Mirable.
4 THE COURT: And do you feel you understand the 4 MS. MIRABLE: Mirable, you were right.
5 charges against you? 5 THE COURT: I was right the first time.
6 THE DEFENDANT: Yes, I do, your Honor. 6 You have the right under the Constitution to be
7 THE COURT: Nevertheless, I'm going to ask the 7 charged by way of an indictment instead of the superseding
8 government to outline the charges in the superseding 8 information.
9 information. Please listen very carefully. Again, any 9 Have you discussed that with Mr. LaPinta?
10 questions, please stop the proceedings. 10 THE DEFENDANT: Yes, I have.
11 MS. MIRABLE: Sure. 11 THE COURT: I'm going to go over it with you
12 Count One of the superseding information charges 12 again so please listen carefully.
13 conspiracy to commit federal program bribery and honest 13 You have a right, do you understand, that you
14 services and trust. This count relates to Mr. Singh's 14 have a right to be charged by the indictment of a grand
15 exchange of bribes and kickbacks with officials of Nassau 15 jury but that you can waive that right and be charged by
16 County and the Town of Oyster Bay in exchange for official 16 information of the U.S. Attorney?
17 action and a conspiracy to be engaged with those officials 17 THE DEFENDANT: Yes, I do.
18 from Nassau County and the Town of Oyster Bay. In the 18 THE COURT: Instead of an indictment, the U.S.
19 exchange of the bribes and the kickbacks was in exchange 19 Attorney in this case has filed a superseding information
20 for official action on an as-needed, as opportunities 20 bringing the charges against you. You do not have to
21 arise basis. So as opportunities arose within Nassau 21 waive your right to an indictment by a grand jury. In
22 County or the Town of Oyster Bay, Mr. Singh would get 22 fact, unless you waive indictment, you may not be charged
23 favorable treatment. 23 with a felony, and these are felonies listed in the
24 As part of that conspiracy it includes what is 24 superseding information.
25 referred to in the indictment as the Town of Oyster Bay 25 To be indicted, a grand jury must find there is
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1 Loan Scheme as well as the Nassau County Contract Scheme. 1 probable cause that you committed the crimes charged.
2 The Town of Oyster Bay Loan Scheme relates to 2 Do you understand?
3 four loans that Mr. Singh received from a bank and a 3 THE DEFENDANT: Yes, I do.
4 lender that were indirectly guaranteed by the Town of 4 THE COURT: Should you decide not to waive
5 Oyster Bay through amendments to the concession agreement 5 indictment, the government will probably present the case
6 and the contract scheme relates to, among other things, 6 to a grand jury and request the grand jury to indict you.
7 two Nassau County contracts that Mr. Singh was awarded. 7 The grand jury is composed of between 16 and 32
8 The Count Two and Three and Four are the 8 persons and at least 12 of those grand jurors must find
9 substantive counts related to that conspiracy. 9 that there is probable cause to believe that you committed
10 Count Five is the Conspiracy to Commit Federal 10 the crimes with which you are charged. The grand jury may
11 Program Bribery and Honest Services Fraud as it relates to 11 or may not end up indicting you.
12 Mr. Singh's scheme with officials in the City of New York 12 If you were to waive indictment by the grand
13 where he provided campaign contributions and gave and 13 jury, the case will proceed against you just as though you
14 raised campaign contributions in exchange for official 14 had been indicted.
15 actions from an official in the City of New York for the 15 Do you understand?
16 benefit of Mr. Singh's restaurant which is located in 16 THE DEFENDANT: Yes, I do.
17 Queens, New York. 17 THE COURT: Have you discussed the issue of
18 Count Six and Seven are the substantive counts 18 waiving indictment with Mr. LaPinta?
19 related to that conspiracy. 19 THE DEFENDANT: Yes, I have.
20 Count Eight is Obstructing and Impeding the Due 20 THE COURT: Do you understand my explanation of
21 Administration of the Internal Revenue Laws, and that 21 your right to an indictment by the grand jury?
22 indicates that between 2009 and 2014, Mr. Singh impeded 22 THE DEFENDANT: Yes, I do.
23 the IRS where he falsely reported his income tax as well 23 THE COURT: Has anyone threatened or forced you
24 as paid his employees off the books. 24 or in any way coerced you to induce you to waive
25 THE COURT: Any questions, Mr. Singh? 25 indictment?
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1 THE DEFENDANT: No, your Honor. 1 reward the officials of Nassau County and the Town of
2 THE COURT: Then, sir, do you wish to waive your 2 Oyster Bay in connection with business and a series of
3 right to indictment by the grand jury? 3 transactions of Nassau County and the Town of Oyster Bay
4 THE DEFENDANT: I do. 4 involving things of value of over $5,000.
5 THE COURT: Mr. LaPinta, do you know of any 5 And also part (b) of that charge is to divide --
6 reason your client should not waive indictment? 6 THE COURT: $5,000 or more, but go ahead.
7 MR. LAPINTA: I do not. 7 MS. MIRABLE: $5,000 or more, correct.
8 THE COURT: And I see that you have in fact now 8 And part (b) is to devise a scheme and artifice
9 signed a waiver of indictment, is that correct, sir? 9 to defraud and bribe the public of its intangible rights
10 THE DEFENDANT: Yes. 10 to receive honest services of the officials of Nassau
11 THE COURT: And it is going to be marked as an 11 County and the Town of Oyster Bay through bribery and
12 exhibit in this case. 12 kickbacks and for the purpose of executing that scheme,
13 I find that your waiver of indictment is 13 transmitted and caused to be transmitted by means of wire
14 knowingly and intentionally made with a full understanding 14 communication in interstate commerce, writings, signs,
15 of your rights, and the waiver is accepted. 15 signals, pictures and sounds, contrary to Section 18
16 Now, have you discussed the charges in the 16 U.S.C. 1343 and 46.
17 information with counsel? 17 The count also sets forth overt acts. These
18 THE DEFENDANT: Yes, I have. 18 were acts done in furtherance of this conspiracy.
19 THE COURT: And I know I've asked Ms. Mirable to 19 THE COURT: Which you would prove at trial.
20 go over them briefly by going through the superseding 20 MS. MIRABLE: We would prove these at trial.
21 information, but I'm going to ask her to do it again and 21 Each of these overt acts we would prove at
22 to do so utilizing also the possible punishments that may 22 trial.
23 be imposed for each of the charges that she already spoke 23 The first one, on or about April 9, 2010, Singh
24 of. Okay? 24 issued Official #1's spouse a paycheck for a job with
25 THE DEFENDANT: Yes, your Honor. 25 Singh Entity #2 in which the spouse performed little or no
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1 THE COURT: So please listen very carefully. 1 work.
2 MS. MIRABLE: With respect to Count One -- 2 On or about April 28, 2010, Mr. Singh met with
3 THE COURT: Excuse me for a moment. He intends 3 officials of Nassau County and the Town of Oyster Bay in
4 to plead guilty to the entire superseding information? 4 North Massapequa, New York;
5 MR. LAPINTA: Yes. 5 That on or about June 9, 2010, Mr. Singh and an
6 THE COURT: Listen very carefully, Mr. Singh. 6 official of the Town of Oyster Bay signed an amendment to
7 Remember, any questions, stop the proceeding. 7 a concession agreement with the Town of Oyster Bay;
8 Go ahead. 8 That in or about November 2011, Mr. Singh gave
9 The elements and the punishment. 9 an official of the Town of Oyster Bay a cash payment,
10 MS. MIRABLE: Just give me one second, your 10 specifically, an envelope with five checks, each made out
11 Honor. 11 to cash, and each in the amount of $5,000, for a total of
12 With respect to Count One which is Conspiracy to 12 $25,000;
13 Commit Federal Program Bribery and Honest Service and 13 That on or about September 17, 2012, Mr. Singh
14 Fraud as it relates to the Town of Oyster Bay in Nassau 14 purchased a massage chair for Official #1 at Official #1's
15 County. The count charges that in or about and between 15 request. The price of that massage chair was identified
16 January of 2010 and February of 2015, within the Eastern 16 as $3,623.73;
17 District of New York, the defendant, Harendra Singh, 17 And that on or about June 8, 2013, Mr. Singh
18 together with others, knowingly and willfully conspired 18 paid for a limousine service used by an official of the
19 to: (a) corruptly give, offer and agree to give things of 19 Town of Oyster Bay;
20 value to certain officials of Nassau County and the Town 20 And that on or about August 4, 2014, Mr. Singh
21 of Oyster Bay, all of whom were agents of a local 21 issued Official #1's spouse a paycheck with a job with
22 government which receives benefits in excess of $10,000 in 22 Singh Entity #2 in which the spouse performed little or no
23 each of the years 2010 through 2015 under federal programs 23 work.
24 involving grants and contracts and such. And that in one 24 Count 2 is the Federal Program Bribery as it
25 or more one year period with the intent to influence and 25 relates to the Nassau County and the Town of Oyster Bay.
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1 The same time period, in between January 2010 1 benefits in excess of $10,000 in each of the years 2010
2 and February of 2015, within the Eastern District of New 2 through 2015 under federal programs in one or more
3 York and elsewhere, the defendant, together with others, 3 one-year periods in connection with any business
4 knowingly and intentionally and corruptly different give, 4 transaction or series of transactions of the City
5 offer and agreed to give one or more things of value to 5 involving things of value of $5,000 or more; and (b) to
6 certain Nassau County and Town of Oyster Bay officials, 6 devise a scheme and artifice to defraud and deprive the
7 all of whom were agents of local governments which each 7 public of its intangible rights of honest services of
8 received in excess of $10,000 under one or more federal 8 Official #2 and other City offices through bribery and
9 programs, one or more -- in one or more one-year periods, 9 kickbacks for the purpose of executing the scheme and
10 with the intent to influence and reward the officials of 10 artifice, transmitted and caused to be transmitted in
11 Nassau County and the Town of Oyster Bay in connection 11 interstate wire communications. There are overt acts set
12 with business and one or more transactions and series of 12 forth which would be proven at trial.
13 transactions of Nassau County and the Town of Oyster Bay 13 On or about October 12, 2013, Mr. Singh hosted a
14 involving things of value involving $5,000 or more. 14 fund-raiser for Official #2 at Singh Entity #2;
15 Count Three and Four relates to the Honest 15 That on or about December 16th, Mr. Singh sent
16 Services Wire Fraud. That also has the same time period 16 an e-mail to an aide to Official #2 indicating that
17 between January 2010 and February of 2015 within the 17 Mr. Singh needed help with a City agency, and that on or
18 Eastern District of New York and elsewhere, the defendant 18 about July 30th, 2015 a senior aide to Official #2
19 together with others, did knowingly and intentionally 19 arranged a meeting with Mr. Singh and the head of the City
20 devise a scheme and artifice to defraud and deprive the 20 Agency at Mr. Singh's behest and in an effort to pressure
21 public of its intangible right of honest services of 21 the City Agency to make its proposed settlement terms more
22 certain officials of Nassau County and the Town of Oyster 22 favorable to Mr. Singh.
23 Bay through bribery and kickbacks, and for the purpose of 23 Count Six which is Federal Program Bribery,
24 executing such scheme and artifice, that the defendant, 24 related to the Singh Entity #2, charges that in or about
25 together with others, transmitted and caused to be 25 and between January of 2010 and September of 2015, within
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1 transmitted by means of interstate wire communications. 1 the Eastern and Southern Districts of New York, the
2 There are in these counts, two interstate 2 defendant together with others, did knowingly and
3 transmissions that are identified: 3 intentionally and corruptly give, offer and agree to give
4 Count Three specifically identifies an e-mail 4 one or more things of value to Official #2, an agent of
5 transmission from Mr. Singh to an individual involved in 5 the City, which is a local government, that received in
6 the negotiation of the loans in connection with 6 excess of $10,000 under one or more federal programs in
7 Mr. Singh's status as the Town of Oyster Bay 7 one or more one year periods with the intent to influence
8 concessionaire, and at trial we would prove that is an 8 and reward Official #2 in connection with business and one
9 interstate e-mail transmission. 9 or more transactions or series of transactions of the City
10 Count Four also identifies an e-mail 10 of New York involving things of value of $5,000 or more.
11 transmission from Mr. Singh -- from a Singh entity 11 Count Seven. The Honest Services Fraud charge
12 employee to a individual employed by Nassau County 12 as it relates to the Singh Entity #2 Scheme.
13 regarding Mr. Singh's entity, catering for a Nassau County 13 Again, within that time period January of 2010
14 agency. At trial we would prove that is an interstate 14 to 2015, within the Eastern and Southern District of New
15 e-mail transmission. 15 York and elsewhere the defendant together with others, did
16 Count Five. 16 knowingly and intentionally devise the scheme and artifice
17 Conspiracy to Commit Federal Bribery and Honest 17 to defraud and deprive the public of its intangible right
18 Services Fraud as relates to Singh Entity #2 Scheme. 18 of honest services of Official #2 through bribery and
19 That indicates, that charges that in or about 19 kickbacks, and with the purpose of executing such scheme
20 and between January of 2010 and September of 2015, within 20 and artifice, the defendant, together with others,
21 the Eastern and Southern Districts of New York and 21 transmitted and caused to be transmitted in interstate
22 elsewhere, the defendant, together with others, did 22 wire communications.
23 knowingly and willfully conspire to: (a) corruptly give, 23 Count Seven identifies a specific e-mail on
24 offer and agree to give things of value to Official #2, an 24 December 6, 2014, from Mr. Singh to an aide of Official #2
25 agent of the City, a local government which receives 25 indicating he needed help with the agency.
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1 The last count, Count Eight, is Obstructing and 1 entities for the tax years 2010 through 2014, in which
2 Impeding the Due Administration of the Internal Revenue 2 employee wages were underreported.
3 Laws. 3 Would you like me to go through the penalties
4 That indicates that between 2009 and 2014, 4 before going through the forfeiture?
5 within the Eastern District of New York and elsewhere, the 5 THE COURT: Have you gone over the penalties to
6 defendant together with others, did corruptly endeavor to 6 the charges?
7 obstruct and impede the due administration of the Internal 7 Yes, please.
8 Revenue laws of the United States through various means 8 MS. MIRABLE: So the penalties for Count One and
9 and methods. 9 Five, the maximum term of imprisonment is five years, the
10 There are a number of means and methods which 10 minimum term of imprisonment is zero. The maximum
11 are identified which will be proven at trial. Those 11 supervised release term is three years to follow any term
12 include filing with the IRS false forms, 1120S, under the 12 of imprisonment. If a condition of release is violated,
13 penalty of perjury for the tax year 2009 which tax returns 13 the defendant may be sentenced for up to two years without
14 were false insofar as they underreported the gross 14 credit for previous imprisonment or time previously
15 receipts earned by five Singh entities incorporated as S 15 served.
16 Corporations; 16 The maximum fine under these counts is greater
17 Filing with the IRS false Forms 1120 under 17 of $250,000 or twice the gross gain or twice the gross
18 penalty and perjury for the tax year 2009, which tax 18 loss.
19 returns were false insofar as they underreported the gross 19 Restitution is mandatory in the full amount of
20 receipts earned by the two Singh entities known as C 20 each victim's losses as determined by the Court.
21 Corporations; 21 There's a $100 special assessment for each
22 Filing with the IRS false forms 1120S under the 22 count, and criminal forfeiture which is addressed in the
23 penalty of perjury for the tax year 2012, which tax 23 cooperation agreement and in the superseding information.
24 returns were filed insofar as they underreported the gross 24 THE COURT: You've gone over the forfeiture
25 receipts earned by five Singh entities incorporated as S 25 agreements with your attorney, correct.
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1 Corporations; 1 THE DEFENDANT: Yes.
2 Filing with the IRS false Forms 1120 under the 2 THE COURT: Are there any questions about that?
3 penalty of perjury for the tax year 2012, which tax 3 THE DEFENDANT: No, your Honor.
4 returns were false insofar as they underreported the gross 4 THE COURT: Go ahead.
5 receipts under by two Singh entities incorporated as C 5 MS. MIRABLE: Count Two and Six which relate to
6 Corporations; 6 the Federal Program Bribery charges.
7 Also by paying and causing others to pay 7 The maximum term of imprisonment is ten years,
8 off-the-book wages; 8 minimum term of imprisonment is zero. The maximum
9 Reporting, and directing others to report false 9 supervised release term again is three years. If the
10 payroll information to a payroll processing company used 10 condition of release is violated, the defendant may be
11 by Singh to manage the payroll for the Singh entities, 11 sentenced up to two years without credit for previous
12 specifically, payroll figures not including the optimal 12 imprisonment for time previously served on post release
13 wages paid to the Singh entities employees; 13 supervision.
14 Causing to be prepared false and fraudulent 14 The maximum fine is the greater of $250,000 or
15 quarterly Forms 941 that were submitted to the IRS on 15 twice the gross gain or twice the gross loss.
16 behalf of the various Singh entities that underreported 16 Restitution again is mandatory in the full
17 employee wages. 17 amount of each victim's losses as determined by the Court.
18 THE COURT: I'm going to add, have you discussed 18 There's a $100 special assessment for each count, and
19 forfeiture with your client? 19 again a criminal forfeiture penalty.
20 MR. LAPINTA: Yes. 20 Count Three, Four and Seven which relate to the
21 THE COURT: Because we'll go into the forfeiture 21 Honest Services Wire Fraud count. The maximum term of
22 allegations. Please listen. 22 imprisonment for those three counts is 20 years, the
23 MS. MIRABLE: There is one more for the IRS. 23 minimum term is zero. The maximum supervised release term
24 Causing to be prepared false and fraudulent IRS 24 is five years to follow any term of imprisonment, and if a
25 Forms W-2s submitted to the IRS on behalf of Singh 25 condition of release is violated the defendant may be
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1 sentenced for up to three years without credit for 1 of the United States to a speedy and public trial before a
2 previous imprisonment for time previously served on post 2 jury with the assistance of your attorney.
3 release supervision. 3 Do you understand?
4 The maximum fine is the greater of $250,000 or 4 THE DEFENDANT: Yes, I do.
5 twice the gross gain or twice the gross loss. 5 THE COURT: At any trial you would be presumed
6 Restitution is mandatory in the full amount of 6 to be innocent. You would not have to prove that you are
7 each victim's losses as determined by the Court. There is 7 innocent. Under our system of law it is the government
8 a $100 special assessment for each count and criminal 8 that must come forward with proof that establishes beyond
9 forfeiture penalties as well as. 9 a reasonable doubt that you are guilty of the crime or
10 Count Eight which relates to the Obstructing and 10 crimes charged. If the government failed to meet this
11 Impeding the IRS Laws. 11 burden of proof, the jury would have the duty to find you
12 The maximum term of imprisonment is three years, 12 not guilty.
13 the minimum term of imprisonment is zero. 13 Should the government fail in succeeding with
14 The maximum supervised release is one year. If 14 its burden of proof, as I said, the jury would have the
15 a condition of release is violated, the defendant may be 15 duty to find you not guilty.
16 sentenced up to on year without credit for prerelease 16 What the jury would be saying in those cases
17 imprisonment or time previously served. The maximum fine 17 that not that you were innocent, but the government failed
18 is $250,000. 18 to meet its burden of proving your guilt beyond a
19 The parties agree with respect to restitution 19 reasonable doubt.
20 that restitution to the Internal Revenue Service, plus 20 Do you understand?
21 interest and penalties, shall be ordered by the Court as 21 THE DEFENDANT: Yes, I do, your Honor.
22 set forth in paragraph 4(g) of the cooperation agreement, 22 THE COURT: At any trial of course you would
23 and there is a $100 special assessment. 23 have the assistance of counsel with you.
24 THE COURT: Okay. 24 Understood?
25 Is there anything further that you would like 25 THE DEFENDANT: Yes, I do.
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1 the government to explain to your client, Mr. LaPinta? 1 THE COURT: Further, at the trial, witnesses for
2 MR. LAPINTA: No, your Honor. I've explained 2 the government would have to come here to this courtroom
3 all of these areas, the crimes, elements, penalties and 3 and testify in your presence, and your lawyer would have
4 mandatory forfeiture requirements with my client at 4 the right to cross-examine these witnesses and he could
5 length. 5 raise legal objections to the evidence the government
6 THE COURT: So you understand the charges that 6 sought to offer against you and he could offer evidence in
7 have been brought against you, sir? 7 your behalf if he thought there was evidence that might
8 THE DEFENDANT: Yes, I do, your Honor. 8 help you in this case.
9 THE COURT: And the potential penalties? 9 Understood?
10 THE DEFENDANT: Yes, I do. 10 THE DEFENDANT: Yes, I do.
11 THE COURT: All right. 11 THE COURT: At the trial you would have the
12 Now, I'm going to discuss with you the rights 12 right to testify in your own behalf if you wished to do
13 you would have if you continued your plea of not guilty 13 so. On the other hand, you could not be forced to be a
14 and proceeded to a trial. Please listen. 14 witness at your trial, and this is because under the
15 Mr. Singh, you have a right to plead not guilty 15 Constitution and laws of the United States no person can
16 or to continue your plea -- excuse me -- to plead not 16 be compelled to be a witness against himself or herself.
17 guilty to this charge, these charges, and proceed to a 17 Though, if you wish to go to trial but chose not
18 trial. 18 to testify, I would instruct the jury if you asked me to
19 Do you understand that? 19 do so, that they could not hold the failure of yourself to
20 THE COURT: Yes, I do. 20 testify against yourself against you.
21 THE COURT: By pleading guilty to the charges, 21 Do you understand?
22 you will be giving up some very valuable rights, so please 22 THE DEFENDANT: Yes, I do.
23 listen to the rights you will be giving up, should you 23 THE COURT: So, if instead of going to trial you
24 pled guilty. 24 plead guilty and I accept your plea to the crimes charged,
25 You have a right under the Constitution and laws 25 then you will be giving up your right to a trial and all
30 32
1 the other rights that I've just discussed. Is that 1 THE COURT: Do you understand what you are
2 understood? 2 required to do as part of this agreement?
4 THE COURT: There will be no trial and there 4 THE COURT: Any questions at all?
5 will be no appeal on the question whether you did or did 5 THE DEFENDANT: No, your Honor.
6 not commit the crime. The only thing that you would be 6 THE COURT: Have you gone over the full
7 able to appeal would be if you thought I did not properly 7 agreement with counsel?
8 follow the law in sentencing you. 8 THE DEFENDANT: Yes, I have.
9 Do you understand that as well? 9 THE COURT: And do you understand that by
10 THE DEFENDANT: Yes, your Honor. 10 signing this agreement you are agreeing to do what it says
11 THE COURT: So if you do plead guilty, I will be 11 you will do?
12 asking you some questions about what you did in order to 12 THE DEFENDANT: Yes, I do.
13 satisfy myself that you are indeed guilty of the charges 13 THE COURT: And you are accepting that
14 to which you plead guilty. You will have to answer my 14 responsibility?
15 questions and acknowledge your guilt. This means you will 15 THE DEFENDANT: Yes, I am.
16 be giving up your right not to incriminate yourself. 16 MR. LAPINTA: Let me add, if I may, your Honor,
17 Do you understand? 17 that I've had a lengthy dialogue on numerous occasions
18 THE DEFENDANT: Yes, I do. 18 with my client about this cooperation agreement. He has
19 THE COURT: Then, Mr. Singh, are you willing to 19 asked me numerous questions, insightful questions. I've
20 give up your right to a trial and all of the other rights 20 taken time and given him answers to each and every
21 which I just discussed with you? 21 question. I'm convinced he's aware of all of his
22 THE DEFENDANT: Yes, I do. 22 obligations in this agreement and entering into this
23 THE COURT: All right. And you understand that 23 agreement without being forced, compelled or otherwise.
24 in any of the rights that you are giving up, you would 24 He's doing so voluntarily.
25 have the assistance of counsel with you at all times, 25 THE COURT: Those are my next questions to you.
31 33
1 understood? 1 Did you sign this agreement, sir?
3 THE COURT: I understand there is an agreement 3 THE COURT: And it was approved by counsel?
4 with the prosecution, correct? 4 THE DEFENDANT: Yes.
5 THE DEFENDANT: Yes. 5 THE COURT: And did anybody force you to sign
6 THE COURT: All right. Do you want to go over 6 it?
7 the cooperation agreement, Ms. Mirable? 7 THE DEFENDANT: No, your Honor.
8 Off the record. 8 THE COURT: Did anyone promise you anything
9 (A discussion was held off the record.) 9 other than what may be mentioned in this agreement in
10 THE COURT: Do you want to give Ms. Mirable a 10 order to induce you to sign it?
11 rest? 11 THE DEFENDANT: No, your Honor.
12 MR. TIERNEY: Sure, your Honor. 12 THE COURT: Did anyone promise you perhaps what
13 With regard to the cooperation agreement, your 13 type of sentence you might be receiving?
14 Honor, the defendant has agreed to plead to the entire 14 THE DEFENDANT: No, your Honor.
15 superseding information and has agreed to restitution as 15 THE COURT: And you understand no one can tell
16 set forth in that, in that cooperation agreement. 16 you that because I'm the only one who will be deciding
17 With regard to the appellate waiver, your Honor, 17 your sentence. Is that understood?
18 which is in paragraph 3, the defendant agreed not to file 18 THE DEFENDANT: Yes, your Honor.
19 an appeal or otherwise collaterally challenge the 19 THE COURT: Any questions at all, sir?
20 conviction in this case or the sentence in the event that 20 THE DEFENDANT: No.
21 the Court imposes a term of imprisonment that is at or 21 THE COURT: All right.
22 below the high end of the advisory guideline range as 22 Then I find that this cooperation agreement is
23 determined by the Court. 23 knowingly and voluntarily entered into and it is accepted
24 THE COURT: Understood? 24 by the Court.
25 THE DEFENDANT: Yes, I do. 25 All right. Now, Mr. LaPinta, is there anything
34 36
1 else that you wish me to discuss with your client? 1 accept and comply with the request of your attorney and
2 MR. LAPINTA: No, your Honor. 2 the government, I will do that, but I'm going to go
3 THE COURT: Do you know of any reason why he 3 through the same questions I just asked you but with
4 should not enter a plea of guilty to the charges in the 4 regard to all of the counts together.
5 superseding indictment? 5 Understood?
6 MR. LAPINTA: No. 6 THE DEFENDANT: Yes.
7 THE COURT: Are you aware of any viable legal 7 THE COURT: So then, Mr. Singh, we'll begin at
8 defense or defenses to these charges? 8 the beginning.
9 MR. LAPINTA: There are no viable defenses. 9 Mr. LaPinta, is there anything else you wish me
10 THE COURT: In that case, Mr. Singh, are you 10 to discuss with your client?
11 ready to plead to Count One of the superseding 11 MR. LAPINTA: No, thank you.
12 information? 12 THE COURT: Do you know of any reason why your
13 THE DEFENDANT: Yes. 13 client should not enter the plea of guilty to all of the
14 THE COURT: And how do you plead to the charge 14 charges in the superseding information?
15 contained in Count One of the superseding information? 15 MR. LAPINTA: No, I do not.
16 THE DEFENDANT: Guilty. 16 THE COURT: Are you aware of any viable legal
17 THE COURT: Are you making this plea voluntarily 17 defense to any of the charges in the superseding
18 and of your own free will? 18 information?
19 THE DEFENDANT: Yes, your Honor. 19 MR. LAPINTA: There are no viable defenses to
20 THE COURT: Has anyone threatened or forced you 20 any of the charges.
21 to plead guilty? 21 THE COURT: Then, Mr. Singh, are you ready to
22 THE DEFENDANT: No, your Honor. 22 plead to all of the counts of the information?
23 THE COURT: Other than the agreement with the 23 THE DEFENDANT: Yes, I am.
24 government, has anyone made you any other type of promise 24 THE COURT: And how do you plead to the charges
25 that has caused you to plead guilty? 25 contained in all counts of the information?
35 37
1 THE DEFENDANT: No, your Honor. 1 THE DEFENDANT: I am guilty.
2 THE COURT: Has anyone made you a promise about 2 THE COURT: Are you making this plea voluntarily
3 the sentence you will receive? 3 and of your own free will?
4 THE DEFENDANT: No, your Honor. 4 THE DEFENDANT: Yes, your Honor.
5 THE COURT: And you understood that no one could 5 THE COURT: Has anyone threatened or forced you
6 make such a promise because I am the only person who will 6 to plead guilty?
7 decide that sentence. 7 THE DEFENDANT: No, your Honor.
8 Understood? 8 THE COURT: Other than the agreement with the
9 THE DEFENDANT: Yes, your Honor. 9 government, has anyone made you any other promise that
10 THE COURT: Tell me briefly, sir, what you did 10 caused to you plead guilty?
11 that makes you guilty of Count One of the superseding 11 THE DEFENDANT: No, your Honor.
12 information. 12 THE COURT: Has anyone made you any promise
13 MR. LAPINTA: Your Honor, if I may interrupt for 13 about the sentence you will receive for any of these
14 a moment. 14 charges?
15 THE COURT: Sure. 15 THE DEFENDANT: No, your Honor.
16 MR. LAPINTA: May I suggest if we enter all of 16 THE COURT: Do you understand that no one could
17 the pleas at once and then enter an allocution that will 17 because as you have been told several times I'm the only
18 cover each and every one of them, because what I've done, 18 person who will be deciding your sentence.
19 what we've done in anticipation for this, is we've crafted 19 Understood?
20 an allocution that is in paragraph form as a narrative, 20 THE DEFENDANT: Yes.
21 and to do so part and parcel would confuse it to him. 21 THE COURT: Tell me briefly, sir, in your own
22 THE COURT: I understand. But I will follow it 22 words, what you did in connection with the crimes in all
23 and I'll ask the government as well, just in case there is 23 counts of the superseding information.
24 anything -- you understand what I've told you applies to 24 THE DEFENDANT: Your Honor, these are my words
25 each and every one of these charges, sir, so in order to 25 and I have incorporated in writing to explain to the Court
38 40
1 that what I did. 1 the Linda Mangano approximately $450,000. During the time
2 May I have the permission to read that? 2 I was paying Linda Mangano, she was not required to show
3 THE COURT: Of course. 3 up for work and no work product was expected from her. I
4 THE DEFENDANT: Thank you, your Honor. 4 hired Linda at the request of Ed Mangano and my purpose in
5 THE COURT: These are your words? 5 hiring her was to influence Ed.
6 THE DEFENDANT: Yes, your Honor. 6 Throughout the time of this conspiracy, I also
7 THE COURT: Go ahead. 7 allowed the Mangano family to eat and drink for free at my
8 THE DEFENDANT: On or about and between 8 restaurants.
9 January 10th -- January of 2010 and February 2015, I 9 Regarding Venditto and the Town of Oyster Bay, I
10 agreed with Nassau County Executive Edward Mangano, Town 10 provided him, his family, and other officials with free
11 of Oyster Bay Supervisor John Venditto and others, 11 meals and significantly discounted rates for events at my
12 including other officials in both Nassau County government 12 restaurants and catering halls, free use of conference
13 and the Town of Oyster Bay. 13 room and free limousine service.
14 I'm sorry about my accent. 14 Also, between in or around 2010 and in or around
15 THE COURT: That's okay. Go ahead. 15 September 2015, I gave and raised tens of thousands of
16 THE DEFENDANT: -- And the Town of Oyster Bay to 16 dollars in campaign contributions to an elected New York
17 offer and give them bribes and kickbacks in exchange for 17 City official in exchange for efforts by that official
18 them taking official action in my favor on an as-needed 18 appearance and other City officials to obtain official
19 basis. The value of the benefits I received or the bribes 19 action from a New York City agency that would benefit
20 and kickbacks I gave exceeded $5,000. 20 myself and restaurants I owned. Specifically, I gave
21 My intention in providing these things of value 21 these donations to the elected official in exchange for
22 to Mangano, Venditto and other officials was to influence 22 efforts by that official and other City officials to
23 their behavior and obtain benefits for myself, my 23 obtain the a lease renewal from the City agency for my
24 restaurants and my companies. 24 restaurant on terms that were favorable to me.
25 Some of the things that I received in return for 25 As part of this scheme, I took various actions
39 41
1 these bribes and kickbacks were amendments to the 1 in Manhattan and Queens, including sending e-mails to City
2 concession agreement, between my businesses and the Town 2 officials from Queens and holding meetings for City
3 of Oyster Bay which acted as indirect loan guarantees. 3 officials in Manhattan.
4 These underlying loans were collectively in excess of 4 In furtherance of these crimes, I committed bank
5 $20 million. 5 fraud, filed false instruments with banks and local
6 I was also awarded lucrative County contracts. 6 municipalities, tampered with public records, offered a
7 In furtherance of these schemes, I spoke over 7 false instrument for filing, committed insurance and
8 the phone and transmitted e-mails from my home, office and 8 mortgage fraud, issued bad checks, made false statements
9 restaurants in Nassau County, New York. 9 and schemed with others to defraud.
10 At times, I spoke and e-mailed an individual 10 During the time of this conspiracy from 2009 to
11 located in Pennsylvania in furtherance of a loan scheme. 11 2014, I also underreported gross income earned from my
12 Some of the things I gave to these government 12 restaurants. I paid some of my employees off the books,
13 officials to influence their official actions were: 13 meaning I did not report the complete amount of actual
14 (1) $50,000 in cash to an official in the Town 14 salaries to the IRS. By doing this I impeded the tax laws
15 of Oyster Bay to help me pay a series of loans guaranteed 15 of the United States.
16 by the Town of Oyster Bay. 16 I knew what I was doing was wrong and illegal
17 (2) I also purchased a series of gifts for 17 and I'm profoundly sorry for that.
18 County Executive Edward Mangano, including a massage 18 THE COURT: Is the government satisfied?
19 chair, an office chair. I paid for wood flooring to be 19 MR. TIERNEY: Yes, your Honor.
20 installed in the master bedroom of the Mangano's home. I 20 Just to add, with regard to my understanding,
21 paid for a watch for one of Mangano's sons that was worth 21 the defense doesn't contest. They are willing to
22 approximately $7,000. 22 stipulate that Nassau County, the Town of Oyster Bay, as
23 And I paid for trips for Ed Mangano and the 23 well as New York City, they also received over $10,000 per
24 Mangano family. I also provided a no-show job to Linda 24 calendar year in federal programs involving grants and
25 Mangano from 2010 through 2014. During this time I paid 25 other forms of federal assistance. I believe they are
42
1 also stipulating that by offering these bribes the
2 defendant deprived the public of their right to receive
3 the honest services of these officials of Nassau County --
4 THE COURT: Is that so stipulated?
5 MR. LAPINTA: So stipulated.
6 MR. TIERNEY: -- The honest services of the
7 officials of Nassau County, Town of Oyster Bay and New
8 York City.
9 And also, finally, they are not contesting the
10 interstate nexus, namely, they are stipulating in part to
11 accomplish these schemes, the defendant caused wire
12 transmissions, phone calls to be sent in interstate
13 commerce.
14 THE COURT: So stipulated.
15 MR. LAPINTA: We stipulate.
16 THE COURT: That being so, based upon the
17 evidence adduced at this hearing, I find that the
18 defendant is acting voluntarily, that he fully understands
19 the charges against him, the rights and the consequences
20 of entering his plea and there is a factual basis for his
21 plea, therefore, the pleas of guilty are accepted to the
22 entire superseding information.
23 We'll put this down for a date in six months and
24 you'll update us as to whether you want to proceed or
25 reject. And the record is sealed.
OWEN WICKER, RPR
43
1 MS. MIRABLE: Thank you, your Honor.
2 MR. TIERNEY: Your Honor, in discussing this
3 plea, we discussed the guidelines and the fact that they
4 are not mandatory and whatever sentence they receive, we
5 discussed the guidelines and whatever sentence the
6 defendant may or may not receive, to be outside the
7 guidelines.
8 MR. LAPINTA: Yes, I've gone over at length with
9 my client to review the guidelines. We've done a
10 preliminary assessment of the guideline range. He's well
11 aware of what the guidelines are and he's also well aware
12 that they are advisory to the Court and that obviously
13 he's not been promised any sentence at this juncture and
14 that you are the only person that can sentence him.
15 THE COURT: Thank you all very much.
16 (Proceedings adjourned.)
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OWEN WICKER, RPR


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1 UNITED STATES DISTRICT COURT

OWEN WICKER, RPR

1 of 12 sheets Page 1 to 1 of 43 01/24/2018 12:33:34 PM

2 MR. TIERNEY: Your Honor, in discussing this

3 plea, we discussed the guidelines and the fact that they

4 are not mandatory and whatever sentence they receive, we

5 discussed the guidelines and whatever sentence the

6 defendant may or may not receive, to be outside the

8 MR. LAPINTA: Yes, I've gone over at length with

9 my client to review the guidelines. We've done a

10 preliminary assessment of the guideline range. He's well

12 that they are advisory to the Court and that obviously

13 he's not been promised any sentence at this juncture and

15 THE COURT: Thank you all very much.

OWEN WICKER, RPR

01/24/2018 12:33:34 PM Page 42 to 43 of 43 12 of 12 sheets

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