MANHATTAN (CN) - Federal prosecutors vowed Tuesday to do better at retrial after Supreme Court precedent on corruption prosecutions upended the extortion convictions of a former New York senator and his son.
Once the New York Legislature’s most powerful Republican, former Sen. Dean Skelos was convicted last year with his son, Adam Skelos, of a federal bribery charges grounded in nepotism.
Prosecutors accused the senator of milking his political connections with the state’s heaviest donor, Glenwood Management, to score work for his son, who had been hoping for extra cashflow to cover the cost of a $600,000 apartment.
A federal judge gave both Skeloses prison time, but the terms were put on hold as defense attorneys sought reconsideration of the prosecution in light of breaking Supreme Court precedent.
Just a month after the Skeloses were sentenced, the Supreme Court wiped the bribery convictions of former Virginia Gov. Robert McDonnell with the unanimous finding that political access cannot count as a benefit in a quid pro quo, the Latin expression meaning “this for that.”
Citing this outcome, a three-judge panel of the Second Circuit vacated the Skeloses’ convictions Tuesday.
Acting U.S. Attorney Joon Kim warned the Skeloses not to get too used to their freedom, noting that an error in jury instruction does nothing to diminish the government’s other evidence.
“While we are disappointed in the decision and will weigh our appellate options, we look forward to a prompt retrial where we will have another opportunity to present the overwhelming evidence of Dean Skelos and Adam Skelos’s guilt and again give the public the justice it deserves,” Kim said in a statement. “Cleaning up corruption is never easy, and that is certainly true for corruption in New York State government. But we are as committed as ever to doing everything we can to keep our government honest. That is what we will do in this prosecution as well.”
Kim took office this year as part of President Donald Trump’s unprecedented purge of all officials appointed in the prior administration.
Though steadily disintegrating now, the anti-corruption probe that brought down Skelos had been a signature of Kim’s predecessor, former U.S. Attorney Preet Bharara.
Before vacating the Skelos convictions, the Second Circuit overturned Bharara's conviction of former New York Assembly Speaker Sheldon Silver in July.
Harry Sandick, a former Southern District of New York assistant prosecutor, noted that the government likely is not the only party frustrated by Tuesday’s shakeup.