United States v. Mangano
| Decision Date | 06 January 2022 |
| Docket Number | 16-CR-540 (JMA) |
| Court | U.S. District Court — Eastern District of New York |
| Parties | UNITED STATES OF AMERICA, v. EDWARD MANGANO, and LINDA MANGANO, Defendants. |
Currently pending before the Court are two post-trial motions filed by defendant Edward Mangano (“Mangano”), the former Nassau County Executive who was found guilty of bribery and obstruction offenses in 2019.
Mangano's first motion seeks reconsideration, a new trial, and acquittal for the bribery charges based on the Second Circuit's recent decision in United States v Silver (“Silver II”), 948 F.3d 538, 571 (2d Cir. 2020).
Mangano's second motion seeks a new trial based on newly discovered evidence that Mangano claims shows that the alleged bribe payor, Harendra Singh, committed perjury at trial. Mangano's wife and co-defendant, Linda Mangano (“Linda Mangano”), joins in this motion. Recently, Mangano supplemented this motion for a new trial and requests discovery from the government concerning another cooperating witness, Anthony Gulino.
For the reasons set forth below, both pending motions are denied.
The Manganos were first tried in 2018, along with John Venditto the former Supervisor of the Town of Oyster Bay (“the TOB” or “the Town”). After a lengthy initial trial in 2018 that resulted in Venditto's acquittal and a hung jury on all charges against the Manganos, the Manganos were retried in early 2019. At the retrial, Mangano was convicted of four bribery offenses in connection with the “Town of Oyster Bay Loan Scheme, ” which is discussed in depth below. Mangano was acquitted of other bribery charges in connection with two other contracts that Singh obtained from Nassau County. The jury also found Mangano and Linda Mangano guilty of conspiracy to obstruct justice and Linda Mangano guilty of obstruction of justice and making false statements.
Mangano, a Republican, was elected Nassau County Executive in 2009 and formally assumed office in January 2010. (Tr. 1432, 1440, 2964.) He was the highest elected official in Nassau County and had “tremendous political clout.” (Tr. 2767; see 1448, 1463, 2783, 2964-65.) Mangano was reelected in 2013.
Singh was a prominent businessman and restaurateur on Long Island. Singh owned, at one time, at least ten restaurants and ran a large restaurant named H.R. Singleton's in Bethpage, where his operations were headquartered. (Tr. 1435, 1444.) As part of his restaurant empire, Singh had licenses from the TOB to run facilities on properties owned by the TOB. (Tr. 1445-57, 2742.) In addition to restaurants in Nassau and Suffolk Counties, Singh also owned the Water's Edge, a catering facility in Long Island City, Queens, which Singh purchased in 2008. (Tr. 1435, 1455.) Singh also had an expediting business in the Town
Mangano and Singh had been friends since 1992, and once Mangano became County Executive in 2010, Singh would visit the Manganos' home three to seven times per week. (Tr. 1727, 1845.)
However, prior to Mangano running for and being elected County Executive, Singh had not given the Manganos any expensive gifts or other things of value. (Tr. 1430.) Yet, after Mangano was elected, Singh paid for, inter alia, a $3, 000 office chair in December 2009, a $3, 600 massage chair in September 2012, hardwood flooring for the Manganos' house, $19, 000 in vacation expenses, and around $5, 000 towards a luxury watch for the Manganos' son. (GX1317, GX1310, GX1311, GX1312, GX1315GX1317, GX703, GX741, Tr. 1525-26; see also GX470, 470A.) In January 2010, Singh also discounted a food bill for Mangano's campaign by $42, 000. (Tr. 1447-49.) Although Mangano was required to report information about such gifts on his annual financial disclosure reports for the years 2009 through 2014, he never did so. (GX445- 450, GX1008; Tr. 3367.)
Additionally, in April 2010, Singh hired Mangano's wife, Linda, at a salary of approximately $100, 000 a year for a “no show” job. (Tr. 1429-1430, 1728-29; GX1318; GX1662; GX1163.) Linda Mangano would remain on Singh's payroll until August 2014 when the FBI raided Singh's offices. (Tr. 1690, 1738-39, GX1663, GX1318.)
As explained below, the evidence at trial showed that Singh bribed Mangano to obtain Mangano's assistance on various matters within Nassau County and the TOB, including millions of dollars of loans that the TOB guaranteed for Singh.
The TOB, which has approximately 300, 000 residents, is a large, suburban municipality located within Nassau County. (Tr. 2741-42.)
Singh's companies obtained licenses from the TOB to run concessions at two locations. One property, known as the Woodlands, was a restaurant and catering facility located at an old mansion on a golf course owned by the TOB. (Tr. 1435, 1456-57.) Singh's company S.R.B. Convention and Catering Corp. (“S.R.B. Convention”) began running the Woodlands in 1998 and converted it into a much larger and “grander” facility. (Tr. 1456-57, 2758, 2880, 2895; GX506, GX510.) Beginning in 2005, Singh, through another company, S.R.B. Concession, Inc. (“S.R.B. Concession”), also ran two restaurants and other concessions located on TOBAY Beach, a municipal beach owned by the TOB.[1] (Tr. 1457, GX517.)
In connection with these TOB concessions, Singh dealt with officials at the TOB, including Venditto, Deputy Supervisor Len Genova, and Deputy Town Attorney Fred Mei. As the Supervisor of the TOB, Venditto was the Town's highest-ranking elected official. (Tr. 1460, 2746.) Venditto had been the Supervisor in the TOB since 1998. (Tr. 2748) As Supervisor, Venditto had a seat on the Town Board-where the votes were virtually always unanimous and the Board essentially never voted against something that Venditto supported. (Tr. 2869.) Resolutions passed by the Town Board can, inter alia, authorize the Supervisor to enter into contracts. (Tr. 2573.)
Genova was the Deputy Supervisor for the TOB throughout the events at issue and also took on the role of Town Attorney in September 2010. (Tr. 2749-2750, 2860.) Like Mangano, both Venditto and Genova were Republicans. (1459, 2746, 2749-50.) All three men sat on the Nassau County Republican Committee. (2833.)
Mei was the deputy town attorney responsible for drafting and managing the TOB's agreements with Singh. (Tr. 2760-61.)
In addition to bribing Mangano, Singh also bribed Venditto, Genova, Mei, and other TOB officials.[2] Singh gave free limo services and free and discounted parties to Venditto and his family. (Tr. 1547.) Singh testified that these bribes were worth between $10, 000 and $20, 000. (Tr. 1655.) Singh also built a conference room for Venditto at Singleton's in 2006 or 2007. (Tr. 1889.) Singh gave Genova free meals, discounted and free events for a charitable organization he ran, and approximately 40 free car service trips worth tens of thousands of dollars. (Tr. 1546, 2826-27, 2956.)
As for Mei, Singh, as explained infra, gave Mei a total of $70, 000 between 2010 and 2012 in connection with the TOB guaranteeing Singh's four loans involved in the TOB Loan Scheme. (Tr. 1784, 1786-87.) Singh also paid for Mei's BMW car lease, which cost between $18, 000 and $24, 000, as well as, inter alia, four overseas vacations taken by Mei, two of which included one of Mei's family members, for whom Singh also paid. (Tr. 1543.)
Over the years, the TOB entered into multiple agreements with Singh that extended Singh's licenses. (Tr. 1862-1901, 2561-68.) The TOB also provided Singh with other beneficial contract terms and other favorable treatment and accommodations. (See, e.g., Tr. 2758, 2760-61, 2881- 85, 2896-99, 2900, 2908, 2912; DX13.) In exchange for the TOB extending his concession agreements, Singh was required to make millions of dollars in capital improvements at the Woodlands and TOBAY Beach. (Tr. 2759.) Any capital improvements that Singh made to these facilities became the property of the TOB.[3] In 2008, Singh's companies and the TOB amended his concession agreements. The amendments extended the terms of these agreements to 2045 for TOBAY Beach and to 2049 for the Woodlands. (GX525, GX526.) In return, Singh was obligated to make an additional $2.5 million in capital improvements at TOBAY Beach by April 2015 and an additional $3.25 million in capital improvements at the Woodlands by the end of 2011. (GX525, GX526; Tr. 1457-58, 2915-17, 2954.) The 2008 concession amendment for TOBAY Beach also noted that the initial 2005 concession agreement for TOBAY Beach had already required Singh to make $1, 000, 000 in capital improvements-so, in total, Singh had to make $3.5 million in capital improvements at TOBAY Beach by April 2015. The 2008 concession amendments indicated that, to date, Singh had already made approximately $4.95 million in improvements at the Woodlands and $750, 000 in improvements at the TOBAY Beach. (GX525, GX526.)
In early 2010, Singh's businesses were struggling financially. (Tr. 1455-59.) Singh sought to obtain financing for his restaurants at the Woodlands and TOBAY Beach, but banks were unwilling to extend the loans Singh sought unless the TOB guaranteed the loans. (Tr. 1459, 2509- 11.) Singh first spoke to Mangano in January 2010 about his attempt to obtain these loans and informed Mangano of the multi-million-dollar capital improvements he wanted to make at both the Woodlands and at TOBAY Beach. (Tr. 1457-58 1461-62.)
Singh asked that Mangano call Venditto to inquire about the TOB guaranteeing Singh's loans. (Tr. 1460-62.) Mangano said he would, and then, after the call with Venditto, Mangano...
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