Approved:
·
·
Douglas
B.
Bl~mJAlvf~gg
Jr.
Assistant
United
States
Attorneys
Before:
HONORABLE PAUL
E.
DAVISON
United
States
Magistrate
Judge
Southern
District
of
New
York
x
UNITED STATES OF AMERICA -
v.
-
MALCOLM
A. SMITH DANIEL
J.
HALLORAN
VINCENT TABONE JOSEPH
J.
SAVINO
NORAMIE
JASMIN JOSEPH
DESMARET
Defendants.
SOUTHERN
DISTRICT
OF
NEW
YORK
ss.:
X
SE LED COMPL INT
Violations
of
18
u.s.c.
§§
371, 1341, 1343, 1346, 1951,
1952
and
2 COUNTIES OF OFFENSE:
ROCKLAND
NEW
YORK
and
WESTCHESTER
THOMAS
HOLMES
being duly
sworn,
deposes
and
says
that
he
is
a
Special
Agent
with
the
Federal
Bureau
of
Investigation
( FBI ),
and
charges as
follows:
COUNT ONE
(Conspiracy
to
Bribe
New
York
City
Political
Party
Officials
1.
From
in
or
about
November
2012,
through
on
or
about
the date
of
the
filing
of
this
Complaint,
in
the
Southern
District
of
New
York
and
elsewhere,
MALCOLM
A. SMITH DANIEL
J.
HALLORAN
VINCENT TABONE
and
JOSEPH
J.
SAVINO
the
defendants,
together
with
others
known
and
unknown,
willfully
and
knowingly
did
combine,
conspire,
confederate
and
agree
together
and
with
each
other
to
commit
offenses
against
the
United
States,
to
wit,
wire
fraud
and
bribery
in violation
of
Title
18,
United
States
Code,
Sections
1343, 1346, and 1952.
Objects
o
the
onspiracy
2.
t
was
a
part
and an
object
of the
conspiracy
that
MALCOLM
A.
SMITH, DANIEL
J.
HALLORAN
VINCENT
TABONE
and
JOSEPH
J.
SAVINO,
the
defendants
and
others
known
and
unknown,
willfully
and knowingly,
having
devised
and
intending
to
devise
a
scheme
and
artifice
to
defraud,
and
to
deprive
the
New
York
City
Republican
Party
county
committees
and
members
of the
Republican
Party of the
honest
services
of
leaders
of
such
county committees,
for the
purpose
of
executing
such
scheme
and
artifice
would and
did
transmit
and
cause
to
be
transmitted
by
means
of
wire
radio
and
television
communication
in
interstate
and
foreign
commerce,
writings signs
signals
pictures
and
sounds
for the
purpose
of
executing
such
scheme
and
artifice.
3.
t
was
further
a
part
and
an
object
of the
conspiracy
that
MALCOLM
A.
SMITH, DANIEL
J.
HALLORAN
VINCENT
TABONE
and
JOSEPH
J.
SAVINO,
the
defendants
and
others
known
and
unknown,
knowingly
would and
did
travel in
interstate
and
foreign
commerce
and
use
the
mail
and
a
facility
in
interstate
and
foreign
commerce,
with
intent
to
promote,
manage,
establish
carry
on, and
facilitate
the
promotion,
management,
establishment
and
carrying
on,
of
an
unlawful
activity
namely
bribery
in
violation
of
New
York
Penal
Law
§§
200.45
and
200.50,
and
thereafter
would and
did
perform
and
attempt
to
perform
an
act
to
promot~
manage,
establish
carry
on
and
facilitate
the
promotion,
management,
establishment
and
carrying
on
of the
unlawful
activity.
Means
and
Methods
o
the
onspiracy
4.
Among
the
means
and
methods
used
by
MALCOLM
A.
SMITH, DANIEL
J.
HALLORAN
VINCENT
TABONE
and
JOSEPH
J.
SAVINO,
the
defendants
to
achieve
the
unlawful
objects of the
conspiracy
were
the
following:
a.
MALCOLM
A.
SMITH,
the
defendant, agreed with
a
cooperating
witness
(the
CW )
and an
undercover
FBI
agent
posing
as
a
wealthy
real estate
developer (the
UC )
to bribe leaders
of the
Republican
Party
county
committees
in
New
York
City
in
order
to
obtain
certificates
of
authorization
commonly
known
as
Wilson
Pakula
2
certificates,
1
allowing
SMITH
to
run
for
New
York
City
Mayor
as
a
Republican
even though
he
was
a
registered
Democrat;
b.
DANIEL
J.
HALLORAN
the
defendant, arranged
for
the
W
and
the
UC
to
meet
SAVINO
and
TABONE
and
negotiated
the
amounts
of the
bribes for
the
Wilson
Pakula
certificates,
and,
in
exchange,
solicited
and
received
from
the
W
and
the
UC
approximately
$20,500
in
cash
for
himself; c.
TABONE
and
SAVINO
received
bribes,
including
a
total
of
$40,000
in
cash
payments
and
a
promise
of
a
total
of
$40,000
more
in
cash
payments,
and
TABONE
and
SAVINO
each
promised
that,
in return
for
those
payments,
through
the
use
of
his
official
office
with
a
Republican
Party
county
committee,
he would
obtain
and
attempt
to
obtain
a
Wilson
Pakula
certificate,
allowing
SMITH
to
run
for
New
York
City
Mayor
as
a
Republican
even
though
he
was
a
registered
Democrat;
and
d.
In
exch.ange
for
the
payment
of the
bribes
to
SAVINO
and
TABONE
SMITH
agreed
to
use
his
official
office
as
a New
York
State
Senator
to
help
obtain
state
funds
for
a
road
project
in
Spring Valley,
New
York
that
would
benefit
a
real estate
project
that
SMITH
understood
was
being
built
by
the
UC's
company
in
Spring Valley (the
Real
Estate
Project ).
Overt
cts
5.
In
furtherance of the
conspiracy
and
to
effect
the
illegal
objects thereof,
MALCOLM
A.
SMITH DANIEL
J.
HALLORAN
VINCENT TABONE
and
JOSEPH
J.
SAVINO
the
defendants,
together
with
others
known
and
unknown,
committed
the
following
overt
acts,
in
the
Southern
District
of
New
York
and
elsewhere:
a.
On
or
about
November
16,
2012,
MALCOLM
A.
SMITH
the
defendant,
met
the
W
and
the
UC
at
a
hotel
in
White
Plains,
New
York. At
the
conclusion
of
that
meeting,
SMITH
asked
the
W
to
contact
a
Republican
Party
county
chairman
1
The
certificates'
name
is
a
reference
to
the
Wilson
Pakula
Act
of
1947,
a New
York
State
law
that
was
sponsored
by
then-State
Senator Irwin
Pakula
and then-Assemblyman
Malcolm
Wilson.
As
described
in
paragraph
18
below,
the
Wilson
Pakula
Act
requires
a
candidate
who
seeks
to
run
for
a New
York
City
wide
office
as
a
member
of
a
party to
which
the
candidate
does
not
belong
to obtain authorization
by
a
majority
vote
of
those
present
at
a
joint
meeting
of the executive
committees
of
each
of the
New
York
City
county
committees
of the
party
on whose
ballot line
the
candidate
seeks
to
run.
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