AO 91 (Rev.

02109) Criminal Complaint

United States District Court

for the
Western District of New York

United States of America )

)
V ) caseNo. 1S-MI- //bS-
)
ROBERT SCOTT GADDY )
)
Defendant

CRIMINAL COMPLAINT

I, the complainant in this case, state that the following is true to the best of my knowledge and
belief.
Between on or about the date of September 4. 2017 through April 13. 201 8 in the county of Monroe
in the Western District of New York, the defendant violated 18 U.S.C. $$ 666 and 1343, an offense
described as follows:

the defendant did knowingly and willfully aid and abet the bribing of a New York State Assemblyman
intending to influence him in connection with an official transaction having a value of $5,000 or more, and
did knowingly and willfully participate in scheme and artifice to defraud and deprive another of the
intangible right of honest services, and did cause to be transmitted by means of wire communication in
interstate corrunerce, writings, signals and pictures for the purpose of executing such scheme and artifice.

This criminal complaint is based on these facts:

X Continued on the attached sheet.

Please see attached affidavit

2z Complainant's Signature

Oaniet e.Ciavani.SIAFBI
Pinted name and title

Swom to before me and signed in my presence.

Date: ,D,3hs fYlutvt dfiva1-

-i
Judge's signature

City and State Rochester. New Hon. Marian W. Payson. U.S. Magistrate Judge
Printed nante and title
 6ry Y/b{
AFFIDAVIT IN SUPPORT OF CRIMINAL COMPLAINT

State of New York )

County ofMonroe ) ss:
City of Rochester )

I, Daniel A. Ciavarri, being duly swom, depose and say

INTRODUCTION

1. I am a Special Agent of the Federal Bureau of Investigation (FBD and have

been so employed for over 7 years. I have been ffained to investigate, artd have participated

in investigations of, a wide range of federal criminal violations, including fraud and public

comrption. I am empowered by law to conduct investigations of, and make arrests for,

offenses against the United States.

2. This affidavit is made in support of a criminal complaint charging ROBERT

SCOTT GADDY with violating Title 18, United States Code, Sections 666 (theft or bribery

conceming programs receiving Federal funds) and 1343 (honest services wire fraud).

3. The factual information supplied in this affidavit is based on my own

investigation in this case, including witness interviews and reviews of records, my experience

and background as an FBI Special Agent, and information provided by other law enforcement

officers engaged in the investigation. Because I am submitting this affidavit for the limited
purpose of securing a criminal complaint, I have not set forth each and every known fact

known to me relating to this investigation. Rather, I have set forth only those facts that I

believe are necessary to establish probable cause to believe that ROBERT SCOTT GADDY

did knowingly violate Title 18, United States Code, Sections 666 and 1343.
 PROBABLE CAUSE

4. At all times relevant to this complaint, the defendant, ROBERT SCOTT

GADDY, was a lobbyist registered with the State of New York. GADDY owned and

operated a lobbying firm known as Excelsior Advocates, LLC. At various times, Excelsior
Advocates maintained lobbying contracts with various public and private entities, including

the Rochester Genesee Regional Transportation Authority and the Rochester City School

District, among others.

5. At all times relevant to this complaint, Joseph A. Enigo was an Assemblyman

for New York State, representing the 133'd Assembly District, which is within the Western

District of New York. As such, Enigo was an agent of a State government and agency

thereof, as defined in Title 18, United States Code, Section 666. Durng any one-year period

relevant to this complaint, New York State received in excess of $10,000 under a Federal

program involving a grant, contract, subsidy, loan, guarantee, insurance, or other form of

Federal assistance.

6. During an earlier FBI investigation into allegations of fraud and corruption

involving alarge re-development project in the City of Rochester, Special Agents identified

potential corrupt acts by GADDY and various public ofifi.cials. Later, the FBI received

information from a confidential source, known to the FBI to be reliable, regarding the

unusually close relationship between a member of the New York State Assembly other than

Errigo ("Member A") and GADDY. FBI commenced an investigation into the relationship.

7. Working with a Confidential Source ("CS"), FBI arranged for the CS to

approach GADDY about paying a bribe to Member A in order to introduce certain

legislation. The bribery scenario was a ruse, and from the outset, the FBI did not intend to

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permit any proposed legislation or other official acts to advance beyond a preliminary stage.

Interactions between the CS, GADDY and other involved parties were to be recorded by the

CS, to the extent possible.

8. The CS advised GADDY that he represented a client, a wealthy individual

interested in stopping the proposed development in Monroe County, NY, and that the client

was prepared to pay substantial sums of money to obtain passage of suitable legislation. Over

a period of weeks, as detailed below, the CS met with GADDY on multiple occasions to

discuss and plan the bribery scheme.

9. On September 4,2077, in a recorded encounter, the CS met GADDY in the

Rochester area to discuss paying Member A money in exchange for introducing legislation

that could be used to thwart the development project. The CS told GADDY ttrat his client

was prepared to spend $15,000 to get a bill introduced, that the CS was willing to split this fee

with GADDY, and that he could give GADDY and Member A $2,500 each. GADDY

responded: "Yeah . . . yeah, r-ro problem."l

I 0. Later in the conversation, the CS stated, "I should know by Thursday or Friday

about that money. You don't think it will be a problem to get fMember A] to get the bill in?"

GADDY responded, "No." GADDY then proposed using Errigo to introduce the bill instead

of Member A: "We might be able to use Errigo. If it's a local bill. It would only affect

Piffsford." The CS responded, "We could do it in different ways. Or say if a project is on a

state highway, DOT needs to sign off." GADDY replied, "Probably better saying town of

r The quotations set forth herein are based upon my review of the recordings and/or
unofficial transcripts of the recordings. They reflect the govemment's best understanding of
the contents of the recordings. However, the audio contained in some of the recordings is
not always perfectly clear. It is therefore possible that slight errors may exist in the some of
the transcripts.

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Pittsford. Then Errigo can - he gets two bills, one can be local. And then it's [Member A's]

committee, fMember A] likes Joe [Errigo]. It wouldn'tbe traceable to fMember A] or

anything."

11. On September 8,2077, in a recorded encounter, the CS had another meeting

with GADDY in the Rochester arca. The CS advised GADDY that he expected to have

$2500 each for GADDY and Member A shortly, and stated, "I figured you would want cash,

but I wasn't sure." GADDY replied, "However you want. No big deal. Next time you see

me." The CS then asked, "For fMember A's] share, should I have it any certain way . . . or .

. . send it anywhere?" GADDY responded, "No, I'11just do what I got to do, so yeah." The

CS asked, "And as far as the timetable of the bill or getting introduced?" GADDY answered,

"To get it introduced, we can do it quickly . . . Moving, w€ gotta wait until session is in . . .

I'11 have to draft it so it goes quickly." The CS then asked, "If Errigo is the one that puts it in,

do we have to cut him in?" GADDY replied, "No. I'11just go to a fundraiser or something.

That's all he wi1l be expecting. So, no one's giving him any money, so it be like a godsend to

him."

12. On September 26,2017, in a recorded encounter, the CS met GADDY in the

Rochester area. The CS handed GADDY two envelopes containing cash, and stated, "Let

me take care of this." GADDY looked into the envelopes and took them. The CS stated,

"There's two here, one for you, one for fMember A]. You can count it. $1500 each."

GADDY responded, "Mmhmm, yeah." The CS advised that he was going to meet with his

client agatn next week, and that "I can probably get more." GADDY replied, "Allright.

What I'm going to do is put this toward Enigo. I'll probably do a donation to Errigo. You're

not doing anything with [Member A], you don't do a donation there. I probably have to do

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a donation to the Republican campaign committee just to grease the skids with Enigo. My

problem with Enigo is he is not all there, I mean mentally, so I have to find someone on staff

there."

13. The CS asked who is working for Enigo. GADDY responded that they had

fired "Nojay's person ," thathe did not know who was working there now, "probably some

kids from RACC but they're all [Name Redacted]'s people. So I can go to them and do what

I need to do. Errigo would be better. Well, fust I'11 draftit- send me what I need to draft for

the bill and I will know how local it is. Cuz if it's local, then we can do Errigo, he gets two

bills." The CS responded, "OK. I'11be able to put some shit together by the end of next week.

No rush right now." GADDY replied, "I'll draft it, give it to Errigo staffto put in the bill

draftrng service. If we can do it that way. My problem with fMember A] is that he's sick,

and he's not doing anything, so we end up waiting for months. It's a simpler \May."

14. The CS then asked, "And then we cafi get it to Transportation eventually?"

GADDY responded, "Yeah, what may happen is they may appoint a temp chair - as he

fMember A] tis illl. Everything got stopped until the last two weeks of session. The 2nd

highest member could chair it." CS asked, "Who is that?" GADDY replied [Assembly

Member B] out of Brooklyn - he's a good friend of mine."

15. From October to December 2017, the CS and GADDY exchanged text

messages about arranging a meeting with Errigo to pay Enigo to introduce the proposed

legislation. On December 3,2017, CS texted GADDY "H.y, I'11be all set for our next step

by this Wednesday. Any chance you can set up the meeting with Joe [Enigo] for one day in

the next couple weeks?" On December 5, 2017, GADDY texted "We'11 do the meeting

sometime next week. I'11 set it up". Then again on December 21,2077 , GADDY texted the

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CS "Just heard from Errigo. Does next Thursday work. Noon. We're going to lunch

somewhere."

16. Ultimately, GADDY scheduled a meeting with Enigo at his offi.ce in Pittsford,

New York. The meeting occurred on or about February 9,2018, and was recorded. The CS

arrived at the meeting before GADDY, and was greeted by Enigo. After some small talk, CS

began discussing the legislation he wanted introduced on behalf of his client. The CS handed

Errigo an envelope with $1500 cash stating, "Yeah, if you want we can take care of this fust

. . . you can go ahead and have it and just put it in your pocket or whatever." Errigo said,

"you don't have to" then added "we have to do something before I take that" and then "let's

take awalk outside." Errigo walked the CS to his car and stated to the CS "[Member A] and

I are very close". Errigo then directed the CS to put the envelope with cash on the front

passenger seat. They then retumed to Errigo's office and discussed a variety of topics until

GADDY arrived.

17. Later, after GADDY had joined the meeting, the CS stated that he had been

speaking to Errigo about the legislation prior to GADDY's arrival. A further discussion of

the bill took place. The CS explained that the proposed bill did not seek to kill project, but

merely sought to give the Department of Transportation oversight over the project. GADDY

explained to Errigo that he had akeady "greased the skids with [Member A]."

18. After leaving the meeting with Errigo, the CS gave GADDY an envelope

containing $2500 in cash. The CS explained to GADDY thathe had discussed the legislation

with Errigo, stating "I met with him earlier and to talked to him and gave him the money."

GADDY replied, "Cool."

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 19. Also on February 9, 20t8, the CS emailed GADDY specific langtrage for the

proposed legislation that Errigo was going to introduce. This email was sent from the

Western District of New York via a Gmail account. According to publicly avarlable

information from Goog1e, the provider of Gmail (Google) does not have any data centers in

New York State, and therefore this email ffaveled in interstate commerce.

20. On or about March 76,2078, in a recorded encounter, the CS met with Enigo

at a public location in Pittsford, NY. CS had further discussions about introducing the

previously discussed legislation. CS then handed Errigo an envelope containing $2,000,

which Errigo placed in his jacket pocket.

21. On or about March2T ,2018, Errigo introduced a bill consisting of the proposed

legislation, which was assigned bill number A10227. Assignment of a bill number to

proposed legislation is an initial step in the process of enacting a State law.

22. Also on or about March 27, 2078, in a recorded encounter, the CS met with

GADDY. CS told GADDY "met with Joe [Errigo] and took.care of him" and "this is the

other $2,000 for you". CS then paid GADDY an additional $2,000 for getting the legislation

introduced. GADDY in response discussed certain deadlines that would need to be met in

order to push the legislation forward.

23. On April 13,2018, in a recorded encounter, the CS met with Errigo at a public

location. CS stated "have this other $2,000 for ya" andpaidhim an additional $2,000 in cash

for obtaining a bill number for the proposed legislation. Errigo stated "I appreciate this," and
commented that "everything went we11". Errigo and CS then had discussions regarding

Errigo's contacts within the Deparment of Transportation.

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 24. In May 2018, Special Agents with the FBI approached Erigo at his home and

engagedhim in a voluntary interview. Errigo admitted to the FBI that he had accepted money

from the CS, and acknowledged that it was a mistake to do so. Enigo stated that he desired

to cooperate with the FBI. In subsequent interviews, Errigo repeated initial admission that

he took cash from the CS.

25. In summary, the CS paid a total of $10,500 to Errigo and GADDY to obtain

the inroduction of proposed legislation in the New York State Assembly, and begin the

process of obtaining passage of a State law.

26. Based on the foregoing, I respectfully submit that there is probable cause to

believe that ROBERT SCOTT GADDY did knowingly violate Title 18, United States Code,

Sections 666 andl343, thatis, GADDY, didknowingly andwillfully aidand abetthebribing

of a New York State Assemblyman intending to influence him in connection with an official

transaction having a value of $5,000 or more, and did knowingly and willfully participate in

scheme and artifice to defraud and deprive another of the intangible right of honest services,

and did cause to be transmitted by means of wire communication in interstate commerce,

writings, signals and pictures for the purpose of executing such scheme and artlfice.

fr
Daniel A. Ciavarri
Special Agent
Federal Bureau of Investigation

Subscribed to and sworn before me

This |L-fday of October 2018

Q*iq,R*rr-
HONORABLE MARTAN W. PAYSON
U.S. MAGISTRATE ruDGE