Sheldon Silver Sentencing Brief July 2018

Case 1:15-cr-00093-VEC Document 439 Filed 07/20/18 Page 1 of 37
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA
v. S1 15 Cr. 93 (VEC)
SHELDON SILVER,
Defendant.
Sheldon Silver’s Sentencing Memorandum
We respectfully submit this memorandum to assist the Court in fashioning an appropriate
sentence for Sheldon Silver.
Introduction
Preparing a sentencing memorandum in a hotly-contested case such as this requires a
delicate balance. Mr. Silver acknowledges that two juries now have found him guilty, and he has
the highest respect for the Court and the process. He is shattered by the damage he has done to
the ability of New Yorkers to trust their government. At the same time, Mr. Silver maintains that
his conduct, while far from exemplary, did not cross the line of criminality, and he has a
constitutional right to seek to vindicate that view on appeal. So unlike defendants who have pled
guilty, Mr. Silver cannot admit criminal conduct. What he can do is demonstrate his respect for
the process, his remorse that a lifetime of public service has been devastated by conduct causing
the New Yorkers he tried to serve to question their elected officials, and offer the Court an
alternative approach to sentencing that considers the entirety of his time on this earth, not just the
specific acts that led us here.

Mr. Silver has cooperated fully with the process. He has appeared at every Court
appearance. There is not a whiff or suggestion of anything remotely resembling interfering with
witnesses, documents or any other form of evidence. As the Presentence Investigation Report
states: “He has kept all court appearances and has been in compliance with all terms and
conditions of his pretrial release.” ECF No. 434, Presentence Investigation Report at 41.
The ultimate resolution of whether Mr. Silver’s conduct was criminal will be determined
by the appellate courts. But maintaining that he is not guilty of criminal charges does not mean
that Mr. Silver is not remorseful about his actions. As Mr. Silver expresses in his letter to the
Court annexed hereto as Exhibit A, he comes before the Court broken-hearted. As he writes: “I
am broken-hearted to have damaged the ability of my fellow New Yorkers to trust in their
government and the integrity of those who serve in it.”
This is an unusual case in that many of the key facts are not in dispute. The legal
conclusions to be drawn from evidence are, of course, very much in dispute, but during the
lengthy course of these proceedings Mr. Silver has not made any effort to conceal any of the
facts.
While this case has been extraordinarily painful for Mr. Silver, his steadfast cooperation
with the process speaks favorably of his character. And this is a time for the Court and the
parties to take all aspects of Mr. Silver’s character into consideration. The Court stated more
than once in pretrial and trial proceedings that Mr. Silver’s good acts were not admissible
because the fact that he did good things was not, in the Court’s view, relevant to the jury’s
consideration.
Those good acts – performed over a lifetime, including 40 years of public service – are
relevant now. In this submission we do not propose to re-litigate the facts of the case and the
2
inferences to be drawn therefrom. Those arguments will unfold during the appellate process.
We do propose here to present a more complete picture of Sheldon Silver the individual to assist
the Court in fashioning an appropriate, individualized sentence.
The Court may ask, what is different now from when the Court imposed sentence after
Mr. Silver’s first trial. We submit that there are at least four differences:
1. Mr. Silver is now 74 years old, an age at which there are very few people in
federal custody. A lengthy term of imprisonment could amount to a life sentence.
2. More than two years have passed since the Court first imposed sentence, two
years in which Mr. Silver has effectively been in purgatory, facing a second stressful
trial and the potential re-imposition of a sentence that could see him die in prison.
See the letters from Mr. Silver’s wife and children attached as Exhibits B - C, for
more detail on the impact of the past two years on Mr. Silver. Moreover, Mr. Silver
has been publically disgraced, and as a result of forfeitures and fines, has lost most of
his assets.
3. Since sentence was first imposed, Mr. Silver has reflected on the conduct that
brings him here. And while he does not believe it crossed the criminal line, he feels
and has expressed to the Court genuine remorse: “Please know that I have already lost
so much that I can never replace and I will always live with the knowledge of those I
failed.”
4. We are proposing a rigorous alternative sentence proposal, which involves some
period of incarceration, followed by community service in which Mr. Silver can both
express his remorse and utilize his unique skills to assist his fellow New Yorkers.
3
To that end, we attach as Exhibit F a proposal from The Aleph Institute, which would
combine a term of incarceration followed by a period of rigorous, supervised and meaningful
community service. Representatives of the Aleph Institute will be present in Court on July 27
prepared to discuss this proposal with the Court and address any questions the Court may have.
The Aleph proposal is harsh, considerably harsher than what we might have proposed on our
own, but it does provide the Court with an alternative to consider.
Mr. Silver’s Background
Sheldon Silver is 74 years old. He and his wife Rosa married in 1967. Rosa was an
elementary school teacher. They have four children, 21 grandchildren and five great
grandchildren. As described in the Presentence Investigation Report, the family has been and
remains loving, close knit and supportive. Sheldon and Rosa Silver have lived their adult lives in
the same apartment at 550 Grand Street on the Lower East Side of Manhattan, the same complex
where Mr. Silver grew up.
Mr. Silver was raised in an orthodox Jewish home, the youngest of four children. He
remains religiously observant to this day. His father ran a neighborhood hardware store, which
his older brother Jerry took over and ran for many years. Mr. Silver’s sister Arlene lives in
London. His brother Joseph was chief of orthopedic surgery at New York Methodist Hospital.
Joseph died of prostate cancer at age 70.
Mr. Silver attended religious schools on the Lower East Side and graduated from Yeshiva
University in 1965. He graduated from Brooklyn Law School in 1968, and was admitted to the
New York bar a year later. He spent three years in private practice, and five years as law
secretary to the Hon. Francis N. Pecora of the Civil Court of the City of New York and continued
to practice law until this case.
4
Public Service
Mr. Silver spent 40 years in public service. Anyone who spends time in public service is
likely to make some enemies, and Mr. Silver was not immune from that. Some of those who
dislike Mr. Silver for one reason or another have chosen to share their views with the Court. See
e.g., ECF Nos. 401, 408 and 433. Such negative commentary about Mr. Silver’s political views
and scurrilous allegations about extraneous matters have no proper role in this sentencing
proceeding.
But the overwhelming view of people who know Mr. Silver, and of the broader
community he served, is one of admiration, respect, appreciation, and affection for the man and
the good he has done. Exhibits G and H are letters to the Court from people who have personal
experience of Mr. Silver and his good works.1 Some of those who have written to the Court have
served as public officials; most have not. They all share the common characteristic that they
know Sheldon Silver personally and have witnessed his efforts on behalf of the community.
In imposing sentence after the first trial, the Court observed: “I have to agree with the
defense that the letters clearly and persuasively paint a picture of a gifted politician, who went
above and beyond the call of duty many times for friends, friends of friends, and for constituents.
(ECF No. 300, May 3, 2016 Tr. at 50). But the Court then asked: “Is Sheldon Silver a basically
1
Most of these letters were submitted to the Court in connection with Mr. Silver’s first sentencing
proceeding in 2016. Some of the excerpts quoted in this memorandum were included in the Sentencing
Memorandum of Sheldon Silver dated April 20, 2016.
Annexed to our submission are letters for the Court’s consideration regarding Mr. Silver’s sentence. In accordance
with Your Honor’s Individual Practices in Criminal Cases, all letters are attached as exhibits to this Submission and
grouped as follows: a letter from Mr. Silver (Exhibit A); a letter from Mr. Silver’s wife, Rosa Silver (Exhibit B);
letters from Mr. Silver’s children (Exhibit C); a letter from Mr. Silver’s rabbi, Rabbi Siff (Exhibit D); reports from
Mr. Silver’s physicians (Exhibit E); a letter from the Aleph Institute (Exhibit F); letters from Mr. Silver’s supporters,
including those independently filed on ECF since Mr. Silver’s retrial (Exhibit G); the letters previously filed in
support of Mr. Silver’s April 20, 2016 Sentencing Submission (Exhibit H); and letters from Mr. Silver’s supporters
filed on ECF in 2016 (Exhibit I).
5
good and honest person who just went astray, which is what the defense argues, or is he
fundamentally corrupt, as the government argues?” (Id. at 54)
Recognizing that the Court reached the opposite conclusion in May 2016, we respectfully
submit it is the former. Perhaps the most eloquent testimony comes from Esther Langer, who
notes that she does not know Mr. Silver personally, and says, speaking of herself and her
neighbors, “we are the ‘little people.’” She then goes on to describe at length how Mr. Silver
and his office helped her over the years.
A. Mr. Silver’s Singular Focus on Legislating for the Benefit of New Yorkers.
The Honorable James A. Yates describes Mr. Silver’s legislative efforts. “I left the bench
to work as Counsel to the Speaker because I wanted to work with him on an array of progressive
legislative proposals he supported or sponsored; the many hundreds . . . ranging from criminal
justice reform, provisions of meaningful health care, worker protection, domestic violence
prevention, and more . . . I could list, without exaggeration, a thousand bills that were the object
of our many discussions . . . .”2
In describing Mr. Silver’s focus and approach, Justice Yates, the point person on many of
his legislative initiatives, states:
I can state unequivocally that the direction he gave me in my negotiations

during those years was principled, thoughtful and reflective of the
Assembly conference’s common desire to help to improve the lot of all
New Yorkers.
....
I am not writing to contest or re-litigate the issues of the trial, but I can only
say that each and every one of the bills and legislative proposals upon
which we worked together were uniformly aimed at betterment of the
public weal, free of any other consideration.
2
Hon. James A. Yates (ret.), former New York State Supreme Court Justice and Counsel to the Speaker
from 2011 until Justice Yates’s retirement in 2015.
6
Mr. Silver’s colleagues in the Assembly echo those thoughts. As former Assemblywoman
Ann-Margaret Carrozza writes:
I can attest to the passion and tenacity with which Shelly would advocate
on behalf of our state’s most vulnerable citizens. From Universal Pre-K to
Marriage equality, Sheldon Silver has been a champion for those who
needed help.
Frederick J. Jacobs, who worked as Mr. Silver’s legislative counsel, writes:
. . . I can state without hesitation or reservation that during the period when
I worked closely with him from 1988 through 1998, he acted with the
highest degree of integrity, commitment to the public good, and
compassion in every legislative matter with which he and I were involved.
After citing examples, Mr. Jacobs states:
In all of these legislative endeavors, I can state unequivocally that I never

witnessed Mr. Silver act for personal gain, and never saw his judgment
swayed or distracted by personal interest. I am not writing to dispute or
contest the facts and issues adjudicated at Mr. Silver’s recent criminal trial,
but to simply state that in the almost 11 years that I had the privilege to
serve as his counsel, he always acted in what he and his colleagues
perceived to be the best interest of the public they were elected to serve.
After noting Mr. Silver’s “unfailingly considerate, kind and polite” interactions with
employees and colleagues, Mr. Jacobs concludes:
I truly hope that all of the good I saw Mr. Silver do as a public servant,
and the kindness and compassion I both witnessed and took comfort in,
will weigh favorably in his receiving as lenient a sentence as possible from
your Honor.3
And Stephen August, who testified as a prosecution witness in both of Mr. Silver’s trials, writes:
I have known Mr. Silver for several years. Our contact was largely
focused on the development and negotiation of the state’s annual budget.
I have had the opportunity to watch him interact with state leaders, his
colleagues from the Assembly Democratic Conference, advocates of
various interest groups, and industry representatives. In all these
interactions, I believe Mr. Silver acted with integrity and exhibited a deep,
consistent commitment to issues he felt best served the public interest. He
3
Frederick J. Jacobs, former legislative counsel to the Speaker.
7
accomplished many things in his tenure as Speaker that I believe have

improved the lives of New Yorkers in areas such as access to housing,
education, health care services, programs for the elderly and mental health
services. I believe he acted out of a conviction that government is a
positive force in society and was mindful of how his actions, and those of
the Assembly, affected New Yorkers.
Mr. August concludes: “After the death of a member of my family, Mr. Silver spoke with
me and it was the length of time that he spent that expressed the extent of his caring.”4
B. Mr. Silver’s Herculean Efforts to Assist Constituents in the Aftermath of

Two Large Scale Disasters.
Mr. Silver’s response to Superstorm Sandy, the natural disaster that struck New York and
surrounding areas on October 29, 2012, was profound. He immediately sponsored relief
legislation and, when met with resistance in the Senate, pushed and prodded until a relief
package was approved.5
Mr. Silver’s efforts went well beyond legislation. “In the aftermath of Hurricane Sandy,
Mr. Silver personally delivered food supplies to Southbridge [Towers, an apartment building
complex in Lower Manhattan] during the time before power was restored.” He cut through
“bureaucratic red tape with Con Edison to facilitate the restoration of power to the
development.”6 He “came to visit [residents] and brought us food and water.”7 He provided
“resources quickly and expeditiously to [wherever] the need was,” and his “direct follow-up was
exceptional and clearly demonstrated care and concern.” He played “an important role in getting
our community, and all of Lower Manhattan, back to a sense of normalcy.”8 And as one
4
Stephen August, former Deputy Director Budget Studies for Ways & Means Committee.
5
See News Release, Assembly Speaker Sheldon Silver, Speaker Silver Urges House to Take Action on
Sandy Relief Package (Jan. 2, 2013); News Release, Assembly Speaker Sheldon Silver, Speaker Silver Statement on
Senate Vote to Finally Provide Relief for Sandy Survivors (Jan. 28, 2013).
6
Wallace Dimson.
7
Shiu Ling Ng Lam, constituent.
8
Rev. Dr. Marcos Rivera, Senior Pastor, Primitive Christian Church.
8
constituent and community board member recalls, he “was the first to send food, water and
electricity into his District to respond to the emergency need of Superstorm Sandy.”9
And Mr. Silver’s aid has not been limited to New York City. As the Mayor of Lawrence,
New York, a town on Long Island devastated by Superstorm Sandy, explains:
During Superstorm Sandy, Sheldon Silver sought to close the gap between
State and Local government. He ensured that our residents received
genuine, practical assistance ranging from lights to emergency equipment
and services, always making certain that government’s resources reached
the people government is created to serve. In doing so, he facilitated our
Village’s survival and recovery.10
Mr. Silver’s response on the aftermath of 9/11 was equally far-reaching. For example, in
describing Mr. Silver’s response to 9/11, Yvonne Morrow writes:
[Mr. Silver] rented a large van, turned it into a “traveling district

office.” The staff provided any help needed and distributed water, cell
phones, food, etc. to trapped residents throughout the district.
Assemblyman Silver created a committee comprised of tenants, elected
officials and representatives of all pertinent city agencies to develop a
clean-up program to expeditiously remove asbestos and other toxic
materials from living spaces so people could move back in to their
homes.11
Bob Townley, Founder and Executive Director of Manhattan Youth, recalls that
Mr. Silver “immediately” took action “to help seniors get back to their homes and to get
their medicine.12 Reverend Dr. Marcos Rivera also remembers Mr. Silver’s efforts to ensure
that suffering families could obtain vital resources:
The families of my congregation suffered greatly. Many lived within

eyesight of the fallen towers and were witnesses of the horrendous
loss, including the loss of family members. Mr. Silver was directly in
contact with me and mobilized his office and other public resources
to make sure that assistance was given expediently. I am certain that
9
Robert J Schneck, Jr., resident of Battery Park City and Community Board 1 member.
10
Martin Oliner, Mayor, Incorporated Village of Lawrence, NY.
11
Yvonne Morrow.
12
Bob Townley, Founder and Executive Director of Manhattan Youth.
9
he was pulled from the many layers of government and the financial
and business sector, but we never felt that he was unavailable.
As the then-City Council member who represented the area for eight years following
9/11 explains: “I worked very closely with then Speaker Silver, during the first year
following 9/11, almost on a daily basis. I witnessed his concern, compassion and
commitment to all District 1 residents. It was unending and unselfish.”13
Mr. Silver coordinated the work of more than a dozen agencies. That coordination
resulted in clean homes and accessible streets for affected Manhattan residents. For
example, as nineteen rent-stabilized tenants of 125 Cedar Street, the closest residential
building to the World Trade Center, recount:
State Assembly member and Speaker Sheldon Silver came to our aid
immediately and powerfully, spearheading the effort of returning us
to our homes. He was instrumental in paring back the plans so that our
existing affordable housing, and that of our neighbors, was spared
from the wrecking ball. He then concerned himself with the cleanup
and steps to return us to our homes, a task for which no city, state or
federal agency was taking responsibility.
* * * * *
We understand that Mr. Silver has been convicted of serious
corruption-related offenses, and do not seek to excuse or condone
them. But we ask that you take into consideration the whole person
and consider leniency in your sentencing based on his many long years
of representing his constituents and engaging in larger public policy in
a dedicated and thoughtful way. At a time when we had few
champions he worked personally to assure we had a place to move
home to.14
By October 2001, Mr. Silver had already announced a $200 million victim assistance
and economic recovery package that: provided financial assistance for families of
victims; established a memorial commission; and secured a Lower Manhattan
13
Alan J. Gerson.
14
Rent Stabilized Tenants of 125 Cedar Street.
10
Resurgence Authority to coordinate and finance efforts to rebuild lower Manhattan.15 He
also:
x Secured funding for proper air-monitoring equipment and ventilation

systems in public schools;
x Sponsored legislation requiring use of low-sulfur fuel in ground zero clean-up

efforts;
x Coordinated air testing in residential areas;
x Increased the number of victims eligible for critical grants under the Lower
Manhattan Development Corporation assistance plan;
x Sponsored the September 11th Victims and Families Relief Act, signed into
law on May 21, 2002, to allay concerns of victims and their families over
delays in receiving coverage from their insurance carriers;
x Instituted “tax-free days” to support small businesses in lower Manhattan;
x Included in the 2002-2003 State budget more than $1 billion to revitalize the
City’s schools and businesses;
x Championed the Lower Manhattan “Marshall Plan,” signed into law in

August 2005, to ensure City and State rebuilding efforts and promote further
development; and
x Sponsored the “Zadroga Bill,” signed into law in August 2006, ensuring that
death benefits would be available to those exposed to toxic substances in the
aftermath of 9/11.
And through nearly dozens of hearings, press releases, and public statements, Mr. Silver
has made sure New York’s citizens will never forget the 9/11 attacks or how we, as a
community, must continue working together to overcome them. He convened public hearings
to examine recovery and rebuilding efforts; supported programs to spur growth for the local
economy; acknowledged the bravery of the medical staff and volunteers of NYU Downtown
Hospital; and reminded us all of the conditions at ground zero and the unselfish men and
15
See Press Release, Assembly Speaker Sheldon Silver, Speaker Silver Unveils World Trade Center Victim
Assistance and Lower Manhattan Economic Recovery Package (Oct. 30, 2011).
11
women who responded—and suffered—on our behalf.
The words in the letters submitted in support of Mr. Silver speak for themselves: “Shelly
Silver was an unsung hero after September 1lth.”16 “Lower Manhattan would not have made
it through 9/11 as well as we did without Shelly Silver.”17
Mr. Silver’s efforts in the wake of Superstorm Sandy and 9/11 eased much suffering
and anxiety for New Yorkers facing unprecedented devastation and disruption of their lives.
His actions are an example of public service at its finest.
C. Mr. Silver’s Work to Promote and Improve Public Education.
Nowhere was Mr. Silver’s commitment to public service more evident than in
public education. From the outset, Mr. Silver has been “a tireless advocate for downtown
public school families.”18 He “had a special interest in serving . . . vulnerable senior and
youth populations, and “fought for and won increased funding for schools throughout New
York State.”19 As Billy Easton, the Executive Director for the Alliance for Quality Education
states, Mr. Silver has been the “one who we could count on to stand up for the educational
needs of students.”20
Mr. Silver has stood up for the educational needs of children of all ages. As Randi
Weingarten, the President of the American Federation of Teachers, AFL CIO and former
President of the United Federation of Teachers recalls, Mr. Silver “proposed, fought for
and essentially single-handedly created the first universal pre-K for all 4-year-olds in
New York.” Mr. Silver “continued to fight for these pre-K programs with every new
16
Bob Townley, Founder & Executive Director, Manhattan Youth.
17
Alan J Gerson.
18
Wendy Chapman, former PTA President, P.S. 150.
19
Yvonne Morrow, Mr. Silver's Director of Constituent Services (1992-2003).
20
Billy Easton.
12
gubernatorial administration.” That program, known as “LADDER,” is the precursor to
our State’s adoption of universal Pre-K education in 1997.21
Mr. Silver’s contributions to education have gone further. He has “championed
the Tuition Assistance Program that provides financial assistance . . . for students to obtain
a higher education degree,’’ and helped launch a “statewide program to assist private
colleges and universities” in obtaining critical funding for new construction projects.22
Mr. Silver also provided affordable higher education through enhanced funding for two-
year community colleges, to provide a “path to a better life” for many New Yorkers.23 He
established and chaired the Overcrowding Task Force, “a monthly forum to address the
need for new schools in Lower Manhattan neighborhoods that have been experiencing
significant population growth since September 11.” The Overcrowding Task Force has
brought together “parents, local elected officials and senior DOE representatives to build
a case for new schools,” and “served to open three additional public schools with a fourth
to be opened in the coming years.”24 He has helped create over 2,000 seats, as well as
“much needed temporary space to start schools while the new schools were built.”25 When
officials planned a school relocation that would have harmed the parents and children who
attended the school, Mr. Silver’s efforts stood out:
I will never forget Sheldon Silver at the last Overcrowding Task Force
Meeting of the school year. With senior DOE staff members in
attendance, Sheldon Silver proclaimed that downtown children should
21
Stephen August. former Deputy Director Budget Studies for Ways & Means Committee.
22
Ronald Canestrari, former Assemblyman and former Chair, Committee on Higher Education.
23
See News Release, Assembly Speaker Sheldon Silver, Assembly Budget Proposal Increases Community
College Funding (Mar. 8, 2013).
24
Matt Schneider, resident of lower Manhattan and constituent.
25
Professor Eric Greenleaf, member of the Overcrowding Task Force and Professor of Marketing, Stern
School of Business, New York University.
13
not be bused up to Chelsea. He made it clear that downtown

overcrowding was the real problem. [DOE relented and] Sheldon
Silver’s support and very public comments were invaluable in our
fight.26
This is hardly the only instance where Mr. Silver has sought to enhance the quality
of, and access to, our City’s schools. He has been “highly effective in facilitating the
construction of new schools in Lower Manhattan,’’27 and has worked tirelessly to ensure the
City’s schools remained as uncrowded as possible.28 He has provided support “for school
infrastructure, construction and reconstruction projects to ensure that school facilities were safe
for children and educators alike.”29
Mr. Silver’s commitment to education has included improving the lives of children
with special needs. That has been demonstrated through not only broad policy initiatives
but also through personal involvement with those facing challenges. For example, when the
legal guardian of a special-needs teenager needed stability, it was Mr. Silver who provided it:
I was getting nowhere and my cousin was getting worse

psychologically and emotionally. . . . [Shelly Silver] and his staff got
involved and managed to have my cousin transferred to the Lower East
Side facility. Shelley Silver saved this young man’s life.30
Others have described the very real, personal results of his efforts:
x “As a result of [Mr. Silver’s] compassion, I can safely state that, my daughter is
residing in a community residence geared to care for and meet every physical and
emotional need.”31
x “I see the care that [children with Down’s Syndrome] receive and the dignity with
which they live [in a newly established assisted-living center]. This was possible and
26
Wendy Chapman.
27
Wallace Dimson, President, Board of Directors, Southbridge Towers, Inc.
28
Emily Armstrong.
29
Randi Weingarten.
30
Edie Goldman, neighbor and teacher (emphasis added).
31
Briendel R. Lehan, former special education teacher.
14
happened under Shelly’s watch, caring and outreach. Simply, there are many, many
parents who are grateful that their children have a chance to live as normally as
possible, especially as they grow older, and that gratitude is due to Shelly.”32
x “[Our son] is now 19 years old and I cannot begin to tell you the obstacles we had
to overcome. Especially, trying to get him into proper schools. Every which way we
turned the door was literally slammed in our face . . . [Mr. Silver] listened to our
predicament and saw our desperation. He displayed kindness, concern and compassion,
and helped us overcome our situation.”33
x “On many occasions, Shelly accompanied me in visiting programs that serve our
special children. I can attest from experience that people who visit these programs will
look, but not always really see these children; they will listen, but perhaps not truly
hear their voices and their needs. Shelly Silver genuinely saw, heard and acted on
their behalf. I have seen the amazing results of his deep capacity for empathy and
kindness and I respectfully ask that you take these actions and qualities into account
as you undertake the task of determining his sentence.”34
He has done these things with no personal agenda or ulterior motive. As one grandparent
remembers, “When I went over to thank him, he simply said, somewhat proudly I believe,
‘that’s what we’re here for.’”35
Mr. Silver’s contributions to the lives of our State’s children are innumerable and far-
reaching. Perhaps Randi Weingarten, the President of the American Federation of Teachers,
summarizes it best:
I cannot say that Shelly Silver and I agreed on every issue. However, I
always knew that his ultimate goal was the same as mine. He was a
tireless advocate for public education and worked continually to ensure
that parents and students had the resources they needed so all children
could have access to a high-quality education.
Mr. Silver has worked to keep daycare and after-school programs freely available. One
daycare center official “remember[s] distinctly” his efforts to protect “afterschool and daycare
32
Moshe H. Wieder.
33
David & Chevy Libman; Bernard W. Silverstein.
34
Harvey Weisenberg, former Assemblyman and father of child with multiple disabilities.
35
Pamela and Nussin Fogel, friends.
15
programs for low income families . . . Without his support, the programs may have been
discontinued and the children would be without any educational and recreational help.”36
And W. Ann Reynolds, who served as chancellor of the City University of New York
from 1990 – 1997, writes that she was not asked to prepare a letter: “I reached out to Mr. Silver’s
legal staff in the fall to see if his outstanding record in helping the underserved could be brought
up in his consideration.” She then points out how Mr. Silver mobilized support for a bill to limit
the work requirement for welfare recipients, over 20,000 of whom were enrolled in CUNY, to 20
hours per week to be performed in borough of residence or community college, so that they
could stay in school, and “probably set a record in making it a law thus enabling our welfare
recipients to keep moving upward.”37
D. Mr. Silver’s Work to Improve the Lives of Seniors.
Mr. Silver has also strived to improve the lives of New York City’s rapidly growing
population of senior citizens living without family support. He spearheaded legislation to
develop and establish services for “Naturally Occurring Retirement Communities” (“NORC”).
He helped found a NORC agency that offers no-cost nursing, social work, and group services to
seniors. With Mr. Silver’s help, the agency allows the aged to “remain in their own homes,
maintain their independence, and have needed services provided in their homes rather than force
them to leave the community so dear to them and be transplanted to a nursing home, a likely
alternative.”38
Mr. Silver’s support for the aged has taken on many forms. He supported a new State
36
Pauline Chen, Retired Director of Confucius Plaza Daycare Center.
37
W. Ann Reynolds.
38
Rita M. Siff, Coordinator of Group Services and Volunteers, Co-op Village NORC; see also Wallace
Dimson, President of the Board of Directors of Southbridge Towers, Inc.; Donald H. West, President of Seventh
Precinct Community Council and former Board member of Seward Park Cooperative, who explains that with Mr.
Silver's help, "our NORC soon became the template for the rest of the nation."
16
law ensuring that the City’s “SCRIE” program—“Senior Citizen Rent Increase Exemption”—
remained in place. The positive effect of this legislation on the lives of seniors in need has been
drastic. As Jian Fu Li and Pie Qiong Li explain:
Because of SCRIE, our quality of life has improved and we are

appreciative of the former Assembly Speaker’s initiative in passing this
law. As you can imagine thousands and thousands of fellow New Yorkers
who are elderly and low income are benefactors of Mr. Silver’s leadership
in passing laws that alleviate our ever increasing shelter costs and health
maintenance costs.39
Concerned that seniors not become discouraged over their financial plight, Mr. Silver has
worked to ensure that senior centers could adequately meet the needs of local seniors. Today, for
example, the Open Door Senior Citizens Center offers a variety of critical services to more
than 800 members. At one point, when the center was housed in a basement space, without
access to daylight or fresh air, it was Mr. Silver who stepped in. “Because of his help,”
the center’s director explains, “our seniors can enjoy their time in a comfortable space
which has enough room for educational and recreational activities.”40 And Mr. Silver
did not just ensure the centers worked—he made certain that seniors who wanted to
work to give back to their community, could. “Through networking with his office, I
was able to place my well-trained program participants in various home agencies in spite
of their age, immigration status and ethnic[] background. Many of them had become
contributing members of our society as they achieved economic self-sufficiency, thanks to
ex Assemblyman Silver . . . .”41
Mr. Silver, and the “legislative body which he led, were the sole defense against the
most severe budget cuts to essential social programs which benefit the poor and the elderly
39
Jian Fu Li and Pie Qiong Li, residents of the Lower East Side of Manhattan and constituents.
40
Po Ling Ng, Director of the CPC Open Door Senior Citizens Center.
41
Man Nam Ma, Open Door Senior Center Social Worker.
17
across the state of New York.”42 For nearly four decades, “seniors always felt they
could count on Shelly.”43
E. Mr. Silver’s Work to Improve Access to Healthcare.
Ensuring New Yorkers’ access to quality health care has been imperative to Mr. Silver.
When Maimonides Medical Center in Brooklyn contacted Mr. Silver to explain that the
borough had no dedicated cancer center for its roughly 2.5 million citizens, Mr. Silver
“made the cause of these patients his own.” As explained by Moshe Wieder, a Trustee for
Maimonides Medical Center, “I believe that he made the Cancer Center happen, and today
it is a Brooklyn world-class resource for so many in need of help in their battle against this
dreaded disease.”44
Mr. Silver has also supported the Chevra Hatzalah Volunteer Ambulance Corps,
the United States’ largest all-volunteer ambulance service which provides emergency
medical transportation at no cost. “Without Mr. Silver’s support of Hatzalah, it is
possible that the emergencies we suffered would have had tragic outcomes. Indeed, I
know that there are about a dozen regional branches of Hatzalah that have benefitted from
Mr. Silver’s support, resulting in countless saved lives.”45
Of Mr. Silver’s many contributions to New York’s health care, perhaps none is
more significant than the Gouverneur Health Medical Center, the largest provider of health
care on the Lower East Side. It serves more than 50,000 patients every year, many of
whom are uninsured or underinsured. Those services are essential: “[The] Lower East
42
Judith H. Hope, first woman Chair of the New York State Democratic Party.
43
Rita M. Siff.
44
Moshe Wieder, a Trustee for Maimonides Medical Center. Mr. Wieder is also founder of a post-
secondary vocational institution and former board member of Ohel Children's Home and Family Services.
45
Marcel Weisman, neighbor and constituent.
18
Side is an area in which TB, Hepatitis and other infectious disease can spread if sick
people are not taken care of. These diseases are still rampant in the Lower East Side.46 Mr.
Silver assembled a coalition of governmental agencies to secure financing for a major
modernization of Gouverneur, which had previously been considered by patients as “a
provider of last resort.”47 The results speak for themselves: “Today, Gouverneur is
recognized as a leader in its field and operates a five-star state-of-the art facility, offering
high quality comprehensive services to patients on the Lower East Side and beyond[,]
regardless of their ability to pay.” 48 “His funding to organizations such as Gouverneur
Health and others has helped many, especially low-income people.”49
And as with so many other issues, Mr. Silver has not been content to merely legislate
from afar. He encouraged Gouverneur “to co-sponsor health fairs, . . . to promote
awareness of good health practices, and to educate the public about early access to
preventative care that would have an immense benefit for community residents.” Mr. Silver
personally appeared at the health fairs “to show the importance” of flu immunizations, which he
received “proudly and publically” to “encourage others to do so as well.”50
F. Mr. Silver’s Work to Promote Woman’s Rights, including Woman’s Health.
As M. Tracey Brooks, a leading women’s health advocate states, Mr. Silver has been “an
outstandingly tireless champion and advocate for the women of New York. Whether it was
health care, educational opportunities, safety and integrity of women, economic opportunities to
46
Herbert L. Kee, M.D., family practitioner who served at Gouverneur.
47
Mendel Hagler, former Executive Director of Gouverneur.
48
Id.
49
Fei Chen, employee of Gouverneur.
50
Mendel Hagler.
19
level the playing field, housing, the ability to borrow money without added barriers, and the list
goes on, the body of policy that Mr. Silver made a reality in his tenure is unprecedented.”51
Mr. Silver has vigorously pursued legislation on a range of important issues relating to
women’s equality. For example he championed the Women’s Equality Act “aimed to prevent
discrimination in employment and housing, while assuring adequate access to meaningful health
care.”52
He also sponsored legislation requiring all divorcing spouses, as a condition to a divorce,
to agree to “remove any barriers to remarriage.”53 The necessity for this legislation, known as
the “get law,” is unfortunate: It has long been the case that certain men of the Jewish faith refuse
to give their wives a “get”—a religious divorce—at the time they civilly divorce. In Orthodox
Judaism, only the husband can provide a get. The sad result is that many women are held hostage
in marriages they cannot terminate and with no means to remarry. For these women, the law Mr.
Silver sponsored is a life-saver:
[These women] are literally held ransom for exorbitant sums or at the
husband’s malicious whim, as they cannot get remarried in terms of
Jewish religious law and are thus “chained” to these husbands. Shelly
Silver set out to do something about it . . . [The “get law”] has brought
relief to so many of these unfortunate ladies.54
Achieving this legislation was no small feat. It was highly controversial, requiring Mr.
Silver to challenge key members of his own Orthodox Jewish community.55 “Shelley, over the
51
M. Tracey Brooks, former President and CEO of one of the largest women's reproductive health care
advocacy organizations in New York.
52
Hon. James A. Yates (ret.).
53
See N.Y. Dom. Rel. Law § 253.
54
Moshe H. Wieder; Dennis Rapps, Executive Director of the National Jewish Commission on Law and
Public Affairs.
55
Moshe H. Wieder.
20
course of a number of years, was able to navigate among the leaders of these organizations to get
them all on board supporting a bill that he proposed.”56
This was not the only time Mr. Silver did what he believed was right notwithstanding his
religious teachings. “I have seen him champion so many groups and individuals where he did
not and could not expect any thanks. In fact, he has taken up causes, such as gay rights, that are
inimical to his own religious Orthodox community, and he suffered much criticism and
humiliation as a result. All this notwithstanding, he persevered and helped ensure their
protection under the law.”57
The cornerstone of Mr. Silver’s 2001 legislative agenda was the “Women’s Health
and Wellness Act,” a comprehensive set of laws that encouraged early detection and
prevention of medical conditions such as breast cancer, cervical cancer, and osteoporosis. As
a result of Mr. Silver’s efforts women enjoy significantly improved access to and coverage
for mammograms and other cancer-preventative testing, and insurance companies can no
longer limit women’s access to preventative gynecological care.58
Mr. Silver also fought to assure coverage for affordable fertility treatments for couples
wishing to experience the joy of parenthood but who were facing difficulties with natural
conception. Through his efforts, there is now legislation mandating coverage of fertility
treatments for all New Yorkers. 59
56
Jerald Berger, friend and former constituent.
57
Moshe H. Wieder.
58
See Press Release, Assembly Speaker Sheldon Silver, Assembly Passes Revised Women's Health Bill (Apr.
8, 2002).
59
Moshe H. Wieder; see also Marcel Weisman, neighbor and constituent ("He took special interest in the
plight of infertile couples desperately trying to have children.").
21
G. Mr. Silver’s Work to Provide Affordable Housing.
Mr. Silver has been a devoted advocate for tenants. He has worked doggedly to maintain
access to public and affordable housing. For example, Gateway Plaza is the largest residential
complex in Lower Manhattan and home to 4,000 tenants. When its landlord sought to raise
rents, Mr. Silver “single-handedly led negotiations with the Battery Park City Authority and the
owners of Gateway to achieve the renewal of our stabilization agreements.” It was “Mr. Silver’s
herculean efforts [that] resulted in keeping [Gateway Plaza] one of the few remaining pockets of
affordability in Battery Park City.”60
Another example of his support of tenants is his advocacy for the “Loft Law,” enacted in
1982 to assist tenants living in lofts in former non-residential buildings. “Because the Loft Law
was originally adopted with a sunset date, it became a bargaining chip for many years in the
period from 1992 to 2010 when it was finally made permanent.” Even though Mr. Silver’s
Assembly district contained a relatively small number of loft tenants, Mr. Silver continuously
fought for renewal of the Loft Law because it “was the right thing to do.”61 At one point, in the
face of mounting pressure from the Republican-controlled Senate, Mr. Silver “actually held up
the State’s budget to make sure tenant protections stayed in place.”62
Mr. Silver has also been a tireless advocate for settlement houses, which provide social
services and youth development programs for more than 500,000 people each year. He worked
with the Henry Street Settlement to secure funding for renovations, programs, and its youth gym
60
Glenn Plaskin, President of the Gateway Plaza Tenants Association.
61
Chuck DeLaney, founder of Lower Manhattan Loft Tenants. Frederick J. Jacobs also recalls a series of 24-
hour extender laws "so that the law would remain in effect while negotiations" continued for a law Mr. Silver
"championed."
62
Don Lebowitz. Prior to retiring from public service, Mr. Lebowitz was associate counsel to the Assembly,
counsel to the Assembly Housing Committee from 1981 until 2008, and a consultant to Mr. Silver's office from
2008 through 2014 where he advised on housing matters.
22
and arts center. Mr. Silver has long been “a champion of the community work of all of the
Settlement Houses on the Lower East Side.”63 A representative of another settlement admits, “I
don’t think there is any question that the one senior leader we could rely on to represent most of
our collective interest was Sheldon Silver.”64
Mr. Silver also helped renegotiate the ground rent between the Battery Park City
Authority and local condominium owners; it was his “involvement [that] helped correct a serious
injustice which would have made Battery Park City unaffordable to the middle class.”65
H. Mr. Silver’s Work to Promote Public Safety and Criminal Justice.
Mr. Silver has maintained unwavering dedication to public safety and criminal justice.
Former Mayor David Dinkins recalls Mr. Silver’s commitment to the “Safe Streets, Safe Cities:
Cops & Kids” criminal justice-education program.66 The program was the result of legislation
sponsored by Mr. Silver; once in place, it dramatically reduced crime in New York City. Before
its enactment, a resident remembers that when the “Smith Houses had fatal shootings, [Mr.
Silver] set up a gun-buy day for the Lower East Side to get guns off the street and out of our
youths[‘] hands.”67
Mr. Silver also has fought against gun violence on a larger scale. He collaborated with
New York Congressman Jerrold Nadler on “Ari’s Law,” which prevented the purchase of mail-
order gun kits by unlicensed gun buyers. Striving to close the “gun show loophole,” Mr. Silver
supported legislation that, once signed by Governor George Pataki, requires background checks
63
Daniel Kronenfeld, former Executive Director of the Henry Street Settlement.
64
Michael Zisser, Chief Executive Officer, University Settlement.
65
Patrick M. Smith, journalist, public affairs officer, and public relations practitioner.
66
David Dinkins, former Mayor of the City of New York.
67
Aixa O. Torres, Resident Association President of the Alfred E. Smith Houses. The Smith Houses are a
New York City Housing Association Development that was completed in 1953 and has 12 buildings, 1,931
apartments, and approximately 4,300 residents. See New York City Housing Authority, NYCHA Housing
Developments (last visited Apr. 14, 2016), http://www.nyc.gov/html/nycha/html/developments/mansmith.shtmt
23
for the weapons sales at gun shows.68 Mr. Silver “authored and worked to achieve enactment of
key criminal justice initiatives, including [a] . . . ‘hate-crime’ law for crimes motivated by racial
or sexual bias, a procedural initiative to authorize law enforcement to use ‘pen registers’ under
court order for criminal investigations, as well as significant changes to provisions related to
controlled substances and civil forfeiture.” Mr. Silver also worked closely with Governor Mario
Cuomo to “create a statewide DNA database” to aid law enforcement in prosecuting criminals.69
And understanding the relationship between crimes and drug abuse, Mr. Silver “conducted
statewide hearings on conditions in New York state prisons, and began a career-long effort to
ensure appropriate mental health care and substance abuse treatment for both pre-trial detainees
and inmates who were in dire need of such services.”70
I. Mr. Silver’s Record of Mentoring and Promoting Community Involvement.
Mr. Silver’s work has encompassed more than large-scale legislative initiatives. He
routinely performed simple acts of kindness and support for constituents, friends, and even
strangers: “I do not remember a single instance when Mr. Silver did not respond to the need of
an individual, institution or cause.”71
One example of this is mentoring—something Mr. Silver has done himself, as well as
through a formal Assembly program. A 23-year-old who was picked on during his adolescence
due to speech difficulties describes Mr. Silver’s mentorship and encouragement this way:
Sheldon Silver taught me to always challenge myself and gave me

valuable advice for the future. To me, he is a mentor who has always
68
See Cease Fire: The Assembly's 15 Point Plan Stop Gun Violence (May 1999),
http://www.assembly.state.ny.us/Updates/Codes/19990 5.html.
69
Frederick J. Jacobs. Mr. Jacobs was legislative counsel for the Codes Committee and Ways and Means
Committee when Mr. Silver chaired those committees. When Mr. Silver was elected Speaker in 1994, Mr. Jacobs
became his chief counsel.
70
Id.
71
Malcolm Hoenlein.
24
encouraged me to work hard no matter how simple or difficult the task and
to strive for the best.
I am aware that Sheldon Silver has been convicted of serious offenses but
please consider how important his presence has been to the youth
members of the lower east side community. He was always willing to
listen and to provide kind words of advice, which have guided me
throughout my life. I am grateful for his compassion to care for others.72
Mr. Silver encouraged people of all ages to become involved in public service. By hiring
student interns to work in his Assembly office, he gave them “unique exposure to Mr. Silver and
his staff and Assembly colleagues.”73 Mr. Silver’s “staff would call on [a student’s] behalf, with
invitations” to host children and youth for day-long visits to the Capitol.74 When a particular
student needed help completing a school application, Mr. Silver helped “in a very unassuming
way. It was a selfless favor to a friend.”75
Mr. Silver instituted a formal mentoring program that opened the Assembly’s doors to
hundreds of college students each year. The bipartisan program placed two college students in
the offices of all of the 150 members of the Assembly, for which the students received minimum
wage and school credit. The students worked with their assigned Member while the Assembly
was in session. At the end of the Assembly term, the students gained access to the Assembly
Chamber and “became” their Member in a mock Assembly session in which they debated,
negotiated, and “passed” a mock Assembly bill. Mr. Silver personally met with and addressed
the students at the mock Assembly session, at which his own mentee would take over as
“Speaker” and lead the session.76
72
Kenneth Ngai, assistant manager of a miniature golf course.
73
Matthew Weilgus, former intern, now an attorney.
74
Rev. Dr. Marcos Rivera.
75
Tzipora Perlow, physical therapist.
76
Judy Rapfogel, Mr. Silver's Chief of Staff (ECF No. 235).
25
In providing mentorship and guidance, Mr. Silver continually stressed the need to keep a
proper perspective and not allow the acrimony that is part of politics to become consuming. As
Chung C. Seto, the former Executive Director of the New York State Democratic Committee,
recalls:
Shelly often provided much needed guidance and mentored me during

some rough political fights. When I would see Shelly at various political
and community events, the first question is always about my parents and
how they are doing . . . . I am most impressed with Shelly’s kindness
towards my parents and I’ve witnessed this interchange with many others
in the community.77
Mr. Silver has been a catalyst for community involvement in government and the
political process. As a group of constituents states:
It would not be an exaggeration to say that Mr. Silver, personally and

through his staff, encouraged our community involvement and, by his
example, showed how thoughtful engagement in public processes can
improve a community’s life. . . [We] have been inspired by his example of
how an elected politician can have a positive effect on his constituents’
lives.78
Mr. Silver also took many seemingly small acts that made a real difference to individuals.
His “commitment to his community and constituents was well known.”79 That commitment took
many forms, as a former Assembly colleague describes:
From helping to ensure my local firefighters and classroom teachers have

the tools they need to do their jobs, to helping me establish a summer
respite camp on Long Island for children with cancer, and three residences
for medically fragile children that no one else in New York could treat,
Shelly never turned his back on peop1e in need.80
77
Chung C. Seto, former Executive Director of the New York State Democratic Committee and former
Director of Communications for Hillary Clinton's Senate campaign.
78
Rent Stabilized Tenants of 125 Cedar Street.
79
Edie Goldman.
80
Harvey Wiesenberg, former Assemblyman.
26
The list goes on. Mr. Silver:
x Stepped in when insurance refused to pay a $150,000 medical bill for a graduate student
with limited financial means;81
x Secured the availability of death benefits to a family in need;82
x Provided mobile hearing-test units to his constituents;83
x Mobilized a search party when six 14-year olds were lost overnight in Bear Mountain
State Park;84
x Helped the family of a quadriplegic get weekend assistance when their in-home care was
suddenly and unexpectedly discontinued;85
x Visited people in the hospital; 86 and
x Kept teenagers off the street, counseled struggling families, and went out of his way
to make sure every person knew that they, individually, could make a difference.87
Mrs. Esther Langer, now 75 years old, describes Mr. Silver’s office as the
“helpline”—the “go to” place—whenever the community was in need. “[B]efore the 311
number,’’ she recalls, “Assemblyman Silver’s constituents would call his office for help with
all kinds of problems, and his staff was always very knowledgeable, helpful and polite.”88
81
Rabbi Menachem Genack, Congregation Shomrei Emunah.
82
Chaim Rand; Jacob Rand; Tamar Rand.
83
Paul Hovitz, retired special education teacher.
84
Joseph Geliebter, friend. Mr. Geliebter recalls that when his daughter and her friends were lost, "I did not
hesitate to call Shelly in the middle of the night to mobilize a search party. He immediately got involved and made
things happen."
85
Miriam Katz, constituent.
86
Morris Tuchman, former president of The Hamptons Synagogue. Mr. Tuchman also recalls an instance
when Mr. Silver looked in on Mr. Tuchman's wife at Beekman Downtown Hospital: "You could tell that Mr. Silver
was revered at the institution and had done much for its funding and survival."
87
Rabbi Mayer Friedman, community activist.
88
Esther Langer; Former City Council Member Alan J. Gerson ("On an individual level, I observed countless
individuals approach Shelly Silver during meetings and district inspections we attended and undertook together.
Speaker Silver took his time and demonstrated sincere concern and compassion for each individual. I never heard
one complaint that his office did not follow up.")
27
Wallace Dimson, President of Southbridge Towers, details the myriad concerns Mr. Silver
resolved at that property alone:
Mr. Silver has always been responsive to everyday issues such as rat
control and dangerous street conditions. As a result of his efforts, new
traffic lights were installed . . . to better protect pedestrians . . . . Most
importantly, he was extremely helpful in insuring the police department
was responsive when security concerns emerged.89
Mr. Silver has worked to ensure his community was a “true” neighborhood. “Our
entire community benefitted tremendously from Shelley’s helpfulness and generosity creating
programs to benefit children and adults alike.”90 When a family friend needed help with
her family’s litigation, she turned to Mr. Silver. “From the very beginning, he listened to our
situation and eased our minds and fears . . . . [H]e felt an immense need to help. He believed in
our case very strongly, and was even kind enough to take it on pro bono. Most importantly, the
respect and concern he gave my 95 year old grandmother will forever be appreciated.”91
Mr. Silver’s efforts to improve his Lower Manhattan community have been as diverse as
the community itself. As Malcolm Hoenlein, CEO of the Conference of Presidents of Major
American Jewish Organizations, describes:
In the four decades of our association, Mr. Silver volunteered his

assistance, participation and support for many important civil and human
rights, for advancing intergroup relations, and aiding charitable and
communal undertakings. He did so without seeking public recognition. . . .
His involvement was selfless, and he showed up in the rain and snow, and
helped enlist others to these and other important causes.92
89
Wallace Dimson.
90
Edie Goldman; Susan Yomtov, family friend ("He worked tirelessly for so many years improving the lives
of people by providing for the elderly, helping the disadvantaged, and building strong communities where families
can grow and feel proud.").
91
Susan Yomtov.
92
Malcolm Hoenlein.
28
In pronouncing sentence after Mr. Silver’s first trial, the Court observed: “Did Silver do
nice things just to be nice, or did he do those things because somewhere there was something in
it for him? Did a particular political decision get made because it was the best compromise
available give competing interests, or did one side have a big heavy thumb on the scale because
of secret payments being made to one of the politicians who was making the compromises.”
(ECF No. 300, May 3, 2016 Tr. at.53.)
We have before the Court scores of documents attesting to Mr. Silver’s efforts to serve,
based purely on what he believed to be in the best interests of his neighbors, his constituents, and
the people of New York.
****
Mr. Silver is a broken man, humiliated and devastated by the past three and one-half
years. In asking the Court to “take into account the sentence of multiple years of public censure
and shame that he has already endured,” his wife of 51 years writes: “My husband is hurting and
he is humiliated. The pain he endures, and feelings of remorse for the actions that led to
disappointing and hurting his family, his community and his constituents is profound.”93 His
daughter Estie (Silver) Fried writes: “…he has already paid a heavy and steep price. Everything
has unraveled… Everything he had built up so he could enjoy it was gone.”94
Much of what a sentence can accomplish has already been accomplished.
Mr. Silver’s Health
As the Presentence Investigation Report states:
In April 2015, Silver was d iagnosed with prostate cancer. He

underwent a course of radiation treatment and as of now, is cancer
free. Silver will require careful monitoring over the next five years as
93
Rosa Silver, Exhibit B.
94
Estie (Silver) Fried, Exhibit C.
29
there is a recognized risk of the cancer returning. In add ition, in 1990,

the defendant underwent a bypass of a biliary obstruction. To avoid the
possibility of a reoccurring obstruction, the defendant takes two [he
actually takes seven] Creon pills daily. The defendant suffers with age-
related, lower extremity issues that have affected his mobility and may
possibly require surgical intervention. Lastly, Silver has recently been
diagnosed with mild renal insufficiency. His condition has not
warranted any prescription medication or medical procedures. However,
he continues to be monitored to determine the diseases progression.
We attach as Exhibit E: (a) a report dated May 29, 2018 from Peter H. R. Green, M.D.,
Mr. Silver’s doctor, and (b) an updated report from Marc Silver, M.D. As Dr. Green’s report
indicates, Mr. Silver suffers from:
1. Malabsorption Syndrome resulting from surgery for gall stone pancreatitis.
2. Gastrointestinal bleeding secondary to a stomach ulcer.
3. Hypertension.
4. Gout.
5. Anemia and thrombocytopenia.
6. Prostate Cancer. Both Mr. Silver’s father and oldest brother died of prostate cancer.
Legal Analysis
The United States Sentencing Guidelines (the “Guidelines”) are the starting point for a
sentencing determination, Gall v. United States, 552 U.S. 38 (2007), but they are neither
mandatory nor presumed reasonable. Nelson v. United States, 555 U.S. 350 (2009). District
Courts have “wide discretion to impose a non-Guidelines Sentence.” United States v, Stewart,
590 F. 3d 93 at n.17 (2d Cir. 2009) (Calabresi, J., concurring).
18 U.S.C. § 3553(a) sets forth the factors to be considered in imposing a sentence: “The
court shall impose a sentence sufficient, but not greater than necessary, to comply with the
purposes set forth in paragraph (2) of this subsection.” In addition to considering “the nature and
30
circumstance of the offense and the history and characteristics of the defendant,” 18 U.S.C. §
3553(a)(1), the Court shall consider “the need for the sentence imposed –
(A) to reflect the seriousness of the offense, to promote respect for the law, and to
provide just punishment for the offense;
(B) to afford adequate deterrence to criminal conduct;
(C) to protect the public from further crimes of the defendant and
(D) to provide the defendant with needed educational or vocational training, medical
care, or other correctional treatment in the most effective manner.”
18 U.S.C. § 3553(a)(2).
The harshness of the Guidelines, and the punitive nature of federal sentencing generally,
has generated considerable commentary. Former Eastern District of New York District Judge
Gleeson notes in discussing a sentence he imposed:
Specifically, [the defendant’s sentence] shows how the fraud guideline,

despite its excessive complexity, still does not account for many of the
myriad factors that are properly considered in fashioning just sentences,
and indeed no workable guideline could ever do so. This reality does not
render the Guidelines irrelevant in fraud cases; they are in fact quite useful
in all sentencings. But sentencing judges know that a full consideration of
“the nature and circumstances of the offense and the history and
characteristics of the defendant,” 18 U.S.C. § 3553(a)(1), implicates
offense and offender characteristics that are too numerous and varied, and
occur in too many different combinations, to be captured, much less
quantified, in the Commission’s Guidelines Manual. A consideration of
those and the other factors set forth in § 3553(a) produces sentences that
are moored to fairness, and to the goals of sentencing set forth in §
3553(a)(2), but sometimes not so much to the advisory Guidelines range.
Indeed, in some cases the fair sentence can drift quite far away from the
advisory range, which is, after all, but one of eight factors the sentencing
judge must consider.
United States v. Ovid, No. 09-CR-216(JG), 2010 WL 3940724, at *1

(E.D.N.Y. Oct. 1, 2010).
31
A Sentencing Proposal
After the first trial, the Court imposed a 12 year sentence. To the best of our knowledge,
that is, with one exception, the longest sentence imposed on any public official for honest
services fraud, extortion under color of official right and engaging in monetary transactions in
property derived from specified unlawful activity in the Second Circuit in recent history. The
Court also, at Mr. Silver’s request, recommended to the Bureau of Prisons that Mr. Silver be
confined to Otisville Camp.
People sentenced to more than 10 years in prison are generally not assigned to serve their
sentences at camps such as Otisville Camp.95 In this case the United States Probation
Department recommends a 10 year sentence. ECF No. 434, Presentence Investigation Report at
37.
We respectfully suggest something different.
Mr. Silver is a broken man. He has been humiliated and disgraced. Most of his assets
are gone, either to forfeiture or fine. All of the goals of sentencing—punishment, specific
deterrence, general deterrence—have been achieved. Nothing will be accomplished by imposing
what is likely to be a life sentence.
Mr. Silver is also an intelligent man, with virtually unparalleled knowledge of New York
State government. The Court could exercise its discretion in a way that punishes Mr. Silver, but
takes advantage of his unique talents and still affords the possibility of his living the end of his
life in freedom. Our suggestion is that the Court impose a meaningful custodial sentence
followed by a lengthy term of probation in which Mr. Silver would be required both to perform
acts of contrition as well as rigorous community service, for example, staffing a help desk
95
United States Dep’t. of Justice, Federal Bureau of Prisons, Program Statement; p.5100.08 at Chapter 5,
page 9, available at https://www.bop.gov/policy/progstat/5100_008.pdf
32
assisting New York citizens to navigate their way through the state bureaucracy to answer their
questions and maximize their chances of receiving benefits to which they may be entitled. The
alternative part of the sentence could be under the direction of the Probation Department or, if
the Court deems it appropriate, under the supervision of a private organization such as The Aleph
Institute.
By imposing a sentence such as suggested above, the Court could achieve all the goals of
sentencing, while at the same time creating a service that would benefit the citizens of this State.
Such a sentence would also comply with the statutory mandate of 18 U.S.C. § 3553(a)(6)
which requires a court to consider “the need to avoid unwarranted sentence disparities among
defendants with similar records who have been found guilty of similar conduct[.]” 18 U.S.C. §
3553(a)(6). To that end, in advance of Mr. Silver’s first sentencing, the Court ordered the
government to “include in its sentencing submission a summary chart containing the sentences
imposed on elected state and federal officers who were convicted in federal court of corruption-
related offenses in the last five years.” ECF No. 229. Of the 51 defendants included on the
government’s summary chart, 44 (87%) received prison sentences of less than 10 years. ECF
No. 264-1. The facts of the seven cases in which a sentence of 10 years or more was imposed
were far more venal than the facts in this case.
For example, William Boyland, a former New York State Assemblyman who was
convicted of 21 counts, including conspiracy to commit extortion, extortion, and honest services
fraud and was sentenced to 14 years in prison. United States v. William Boyland, Jr., 1:11-cr-
00850 (SLT) (EDNY), ECF No. 150 at 4-5, 22. The Court distinguished Mr. Boyland from
cases of other public officials because he “clearly had no respect for the law. There was
overwhelming evidence of his guilt of these charges presented at trial and the jury found that to
33
be true also.” Id. at 17. That evidence included testimony by a cooperating witness, testimony
by an undercover agent, and audio recordings of Mr. Boyland. United States v. Boyland, 862
F.3d 279, 282 (2d Cir. 2017). As a result of the evidence presented at trial, the Court “started out
not seeing any redeeming characteristics of the defendant.” United States v. William Boyland,
Jr., 1:11-cr-00850 (SLT) (EDNY), ECF No. 150 at 16.
The court also determined that Mr. Boyland deserved a harsh sentence because Mr.
Boyland committed crimes nearly every day while he was under investigation. Id. at 13. The
Court found Mr. Boyland’s conduct “especially egregious in light of the fact that the defendant
was charged in the Southern District of New York with similar type criminal activity and he was
arrested on March 10, 2011 and released[, and w]ithout skipping a beat, he went back to the
undercover and began his bribery and solicitations of money indicating at one point in time that
he was willing to sell his influence and official actions in support of the schemes, real estate
development schemes[,] for money to pay for a lawyer.” Id. at 17. There are no facts like that in
this case.
Rod Blagojevich, former governor of Illinois, was convicted of 13 criminal counts
including honest services wire fraud, solicitation of funds, attempt and conspiracy to commit
extortion under color of official right, conspiracy to solicit a bribe, and a material lie to FBI
agents. He was sentenced to 14 years in prison. United States v. Blagojevich, 1:08-cr-00888
(JBZ) (N.D. Ill.), ECF No. 1255 at 3, 58.
Following then-Senator Obama’s election as president, in exchange for appointing Mr.
Obama’s preferred successor, “Blagojevich asked for an appointment to the Cabinet96 or for the
96
The Seventh Circuit vacated Mr. Blagojevich’s convictions on five counts relating to his conduct
surrounding the appointment of Obama’s successor. United States v. Blagojevich, 794 F.3d 729, 738 (7th Cir.
2015). However, the panel explained that if the government sought to retry Mr. Blagojevich, there was sufficient
evidence that he sought to exchange the Senate appointment for money to result in a conviction. Id.
34
President-elect to persuade a foundation to hire him at a substantial salary after his term as
Governor ended, or find someone to donate $10 million and up to a new ‘social-welfare’
organization that he would control.” United States v. Blagojevich, 794 F.3d 729, 733 (7th Cir.
2015). When Mr. Obama refused to deal, Mr. Blagojevich refused to appoint his preferred
choice “saying, ‘They’re not willing to give me anything except appreciation. Fuck them.’” Id.
“Blagojevich then turned to supporters of Rep. Jesse Jackson, Jr., offering the appointment in
exchange for a $1.5 million ‘campaign contribution’” for a campaign he was not running. Id.
Mr. Blagojevich was also charged with attempts to raise campaign funds in exchange for
official acts. Id. at 733-734. For example, when lobbyists for a children’s hospital requested an
increase in Medicaid reimbursement rates, Mr. Blagojevich agreed to an increase in exchange for
a $50,000 campaign contribution. Id. Similarly, Mr. Blagojevich refused to sign a bill into law
that benefited race-tracks until a racetrack owner paid him a campaign contribution. Id.
The Court found that “[t]he evidence, much of it from Blagojevich’s own mouth, [wa]s
overwhelming.” Id. at 734. For example, “the defendant’s own recorded conversations reveal
that he intended to trade the Senate seat for money to solve his personal, legal, and financial
problems.” United States v. Blagojevich, 1:08-cr-00888 (JBZ) (N.D. Ill.), ECF No. 1255 at 53.
The evidence at trial also “showed that the Governor delayed measures that were in the public
interest while he conducted illegal horse trading for his personal benefit, [and] then lied to the
FBI about those activities.” Id. at 57.
And Ray Nagin, the former Mayor of New Orleans, Louisiana, who was convicted of 20
criminal counts including honest services fraud, money laundering conspiracy, and filing false
tax returns, was sentenced to ten years in prison. United States v. C. Ray Nagin, 2:13-cr-00011
(JTM)(MBN) (E.D. La.), ECF No. 173 at 1; United States v. Nagin, 810 F.3d 348, 349 (5th Cir.
35
2016), cert. denied, 137 S. Ct. 41 (2016). During his tenure as mayor, “Nagin solicited and
accepted payments from contractors and business entities that sought business opportunities,
favorable treatment, and contracts from the city.” United States v. Nagin, 810 F.3d 348, 350 (5th
Cir. 2016). But he “was rarely the lone beneficiary of the bribes and kickbacks he accepted.”
United States v. C. Ray Nagin, 2:13-cr-00011 (JTM)(MBN), ECF No. 202 at 10. Instead, “he
used his office to unlawfully benefit other members of his immediate family: Taking his family
on vacations courtesy of municipal contractors, treating them to dinners at the taxpayers’
expense, and seeking granite inventory for his failing family business.” Id.
The Court found that Mr. Nagin deserved a lengthy sentence because he committed
crimes when his constituents were the most vulnerable—the Court stated that Mr. Nagin
“abandoned his integrity after Hurricane Katrina when the city was most in need of strong,
upright leadership.” Id. at 9. The Court also found a two-level enhancement under the
sentencing guidelines for Mr. Nagin’s obstruction of justice was appropriate. Id. at 6. The Court
observed:
No doubt a stiff penalty is justified to promote respect for the law in the face of
Mr. Nagin’s disregard for the same during his tenure as mayor during the
investigation and prosecution of these crimes. While no defendant should be
punished at all for insisting on his right to a fair trial by a jury of his peers, Mr.
Nagin did much more than this, he acted to conceal his wrongdoing by knowing
admissions, half truths, and in some instances outright lies. The end results of
these deceptions were many missed opportunities for the city to heal and reflect
on the corruption that Mr. Nagin furthered during his administration. Id. 9-10.
We respectfully submit that unlike the cases cited above, Mr. Silver’s sentence should be
in the mainstream of sentences imposed on election officials convicted of corruption-related
offenses.
36
Bail Pending Appeal
In the event the Court imposes a custodial sentence, we respectfully request 10 days from
the dates of sentencing to move for bail pending appeal, consistent with the schedule after the
first trial. We sought the government’s consent to a briefing schedule for this motion. The
government’s position is that separate briefing may not be necessary, that this issue should be
dealt with orally at the sentencing proceeding, and that if the Court would like briefing, it wants
the same number of days to file an opposition, if it chooses to do so, as we have to file our
motion.
Dated: July 20, 2018 Respectfully submitted,

New York, New York
/s/ Michael S. Feldberg

Michael S. Feldberg
Andrew Rhys Davies
Michael F. Westfal
Rebecca Ann Naeder
ALLEN & OVERY LLP

1221 Avenue of the Americas
New York, NY 10020
Telephone: (212) 610-6300
Facsimile: (212) 610-6399
Attorneys for Defendant
37

Sheldon Silver Sentencing Brief July 2018

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Case 1:15-cr-00093-VEC Document 439 Filed 07/20/18 Page 1 of 37

UNITED STATES DISTRICT COURT

UNITED STATES OF AMERICA

Sheldon Silver’s Sentencing Memorandum

We respectfully submit this memorandum to assist the Court in fashioning an appropriate

sentence for Sheldon Silver.

Preparing a sentencing memorandum in a hotly-contested case such as this requires a

specific acts that led us here.

government and the integrity of those who serve in it.”

the Court in fashioning an appropriate, individualized sentence.

federal custody. A lengthy term of imprisonment could amount to a life sentence.

4. We are proposing a rigorous alternative sentence proposal, which involves some

combine a term of incarceration followed by a period of rigorous, supervised and meaningful

own, but it does provide the Court with an alternative to consider.

Mr. Silver’s Background

where Mr. Silver grew up.

Joseph died of prostate cancer at age 70.

to practice law until this case.

fundamentally corrupt, as the government argues?” (Id. at 54)

and his office helped her over the years.

of our many discussions . . . .”2

his legislative initiatives, states:

I can state unequivocally that the direction he gave me in my negotiations

Ann-Margaret Carrozza writes:

Frederick J. Jacobs, who worked as Mr. Silver’s legislative counsel, writes:

After citing examples, Mr. Jacobs states:

In all of these legislative endeavors, I can state unequivocally that I never

employees and colleagues, Mr. Jacobs concludes:

accomplished many things in his tenure as Speaker that I believe have

B. Mr. Silver’s Herculean Efforts to Assist Constituents in the Aftermath of

package was approved.5

New York, a town on Long Island devastated by Superstorm Sandy, explains:

describing Mr. Silver’s response to 9/11, Yvonne Morrow writes:

[Mr. Silver] rented a large van, turned it into a “traveling district

that suffering families could obtain vital resources:

The families of my congregation suffered greatly. Many lived within

commitment to all District 1 residents. It was unending and unselfish.”13

building to the World Trade Center, recount:

victims; established a memorial commission; and secured a Lower Manhattan

Resurgence Authority to coordinate and finance efforts to rebuild lower Manhattan.15 He

x Secured funding for proper air-monitoring equipment and ventilation

x Sponsored legislation requiring use of low-sulfur fuel in ground zero clean-up

x Coordinated air testing in residential areas;

x Instituted “tax-free days” to support small businesses in lower Manhattan;

x Championed the Lower Manhattan “Marshall Plan,” signed into law in

women who responded—and suffered—on our behalf.

it through 9/11 as well as we did without Shelly Silver.”17

His actions are an example of public service at its finest.

C. Mr. Silver’s Work to Promote and Improve Public Education.

gubernatorial administration.” That program, known as “LADDER,” is the precursor to

our State’s adoption of universal Pre-K education in 1997.21

Mr. Silver’s contributions to education have gone further. He has “championed

attended the school, Mr. Silver’s efforts stood out:

not be bused up to Chelsea. He made it clear that downtown

for children and educators alike.”29

I was getting nowhere and my cousin was getting worse

‘that’s what we’re here for.’”35

recipients to keep moving upward.”37

D. Mr. Silver’s Work to Improve the Lives of Seniors.

population of senior citizens living without family support. He spearheaded legislation to

drastic. As Jian Fu Li and Pie Qiong Li explain:

Because of SCRIE, our quality of life has improved and we are

contributing members of our society as they achieved economic self-sufficiency, thanks to

ex Assemblyman Silver . . . .”41