Decrying Impact of His Corruption, Judge Sentences Silver to 12 Years

Former Assembly speaker Sheldon Silver sat implacably during his sentence hearing. At right is federal Judge Valerie E. Caproni. Courtroom drawing by Jane Rosenberg

Saying she hoped other politicians will consider the prospect of  “living out their golden years in an orange jumpsuit,” Federal Judge Valerie E. Caproni sentenced former Assembly Speaker Sheldon Silver, 72, to 12 years in prison.

Silver must also pay $5.3 million in ill-gotten gains and a $1.7 million fine.

The judge ordered Silver, convicted last November on seven counts of corruption, to begin serving his sentence on July 1 at a facility yet to be determined.

Prosecutors had asked for a sentence of more than 14 years—intended to exceed that of ex-New York Assemblyman William F. Boyland Jr., whose sentence for public corruption is New York’s stiffest to date.

Silver’s lawyers argued for house arrest, and community service “to allow the public to benefit from the unique talents of Mr. Silver.” They had also cited the former speaker’s age and bout with prostate cancer as cause for leniency.

“Today’s stiff sentence is a just and fitting end to Sheldon Silver’s long career of corruption,” U.S. Attorney Preet Bharara said in a statement.

Silver’s lawyer, Steven F. Molo, said, “We disagree with the sentence that was given and we’re appealing to the United States court.”

The judge noted that she had received 100 letters on Silver’s behalf and acknowledged that he was a politician “who went above and beyond the call of duty. You did it quite well and I took all that into account.” She said she also considered his health. Despite having had prostate cancer, she said, “He is a healthy 72-year-old man.”

“Here is the thing about corruption,” Caproni continued. “It makes the people very cynical.”

Before announcing her sentence, the judge repeatedly condemned the impact of that corruption on the people’s faith in their government.

“It’s important for you and your family understand why guidelines [for public corruption] are so high,” she said, looking directly at Silver, who sat implacably between two of his three lawyers. “Corruption attacks the very heart of our system of government.”

The judge’s admonishment echoed the pre-sentencing arguments of assistant United States prosecutor Carrie H. Cohen, who noted that Silver’s corruption “caused unparalleled damage, inflicted immeasurable damage on the people’s trust.”

Silver’s lawyers tried to appeal to the judge’s sympathy for a man who, as attorney Joel Cohen put it, has weathered many storms, “but he won’t weather this storm. He is already crushed. He is devastated. Every single day he is crushed. His obituary is already written about this, notwithstanding everything he has done.”

Asked if he wanted to make a statement, Silver hesitated for a moment, glanced at his lawyers, and then stood. “I let down my family, my colleagues and my constituents, and I truly, truly am sorry.”

Silver, who since 1977 represented the Lower East Side and large swaths of Lower Manhattan, was convicted last November on all charges of fraud, extortion and money laundering. Prosecutors said he took in nearly $4 million in legal fees in exchange for official favors. Two secret schemes involved kickbacks from law firms in exchange for official favors.

In one, he directed $500,000 in state grant money to a Columbia University cancer researcher in return for referring patients to his personal injury law firm, Weitz and Luxemberg, who kicked back more than $5 million. In another scheme, Silver collected $700,000 for steering a powerful developer, seeking the speaker’s influence, to a firm specializing in tax law.

After the sentencing, Silver and his lawyers exited a side door of the Thurgood Marshall United States Courthouse and struggled to make their way to Centre Street amid a crush of photographers. Finally reaching the corner, the man who for more than 20 years was one of the state’s most powerful politicians, squeezed his way into a waiting yellow cab.