wiesner plea agreement
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7/21/2019 Wiesner Plea Agreement
http://slidepdf.com/reader/full/wiesner-plea-agreement 1/7
COU}.'iTY
COURT
OF ]'}{E S A I'E CIT NEW
YORK
C]OUNTY
Of." MONRCII]
.THE
PEOPLE
Of:'I'HE
STATE
OF
NEW
YORK
.against-
{'rp a
A
qRqgME
N::Jbar o$Jfr
q
N
ROBERTWIhSNHR,
Det'endant,
S'I'A'IH OF NEW
Y(}IT.K
I
)
sf;.:
COUNTY
OF
I,IONROF.
)
l. I,
Robert Wiesner. the
undersigned defi:ndant,
have
becn
charged
in
the
County
Court of the State of New York,
Monroe
County,
by Indictmenl
Number
l4-l136(AG).
with
the
crime
of
Combination in ltestraint of
'l'rade
and
Competition,
a class
"E"
felony,
in
violation
of
General
lJusiness Law
$$
340 and
341, also knorvn as
a
violation
of
New York
State's
Donnelly
Act,
2.
My
attorney is Jarnes Nobles, who
is
present
in
court
with
me
today,
I
am
satisfied with
the representation provided
to
me
by my
attorney. I
understand
that
t have
a
right
to have an
attorncy throughout
the
prosecution
and
trial ofthese
charges and
ifl
cannot
afford
an
attorney, one would
be
appointed
for
me.
3, I
have
been advised of,
and
understand,
the
nature of the
eharge
against
me, the
elements
of
the offbnse with
which
I am
charged.
and
the
range
of
permissible
sentences.
4.
t3y
pleading
guilty
I
arn
giving
up the following fights,
which
I
have
discussed
with
my attorney:
a.
I
understand
that
by
pleading
guilty
I
am
giving
up n1y right
to
a
trial
by a
l2-person
jury
drawn
fiom
a broad
cross-section
ol'the
community.
C
ouA
tlh'1,r'
r-
\
\-
at-ao
r\,
6
7/21/2019 Wiesner Plea Agreement
http://slidepdf.com/reader/full/wiesner-plea-agreement 2/7
I understand that
by,
pieading
guilty
I
am
giving
up
my
right
to
have
the
People
produce
rvitnesses
to testify
against me.
I
unelerstand that
by pleading guiltl.' I
am
giving
up
my right to have
my attorney cross-examine any
witnesses who may
testify against
me.
I
understand that
by
pleading
guilty
I am
giving
up my
right
to
have
my
atlorney
producc
witnesses
to
testity
lbr
me.
l
understand
that
by
pleading
guilty
I
am
giving
up
my
right
to
remain
silent
and
my right
to either
testify or not testify
at
trial.
I understand that
by
pleading
guilty
I
am
giving
up
my right to
have
the People
prove
my
guilt
beyond a reasonable doubt by a unanimous
verdict of
l2
jurors
at trial.
I
understantJ
that by
plcading
guilty
my,plea will
operate
just
like
a
conviction
o{-guilty
atter
a.iury
trial.
I
understand
that by
pleading
guilty.
if
I
have
a defense to
this charge,
I
am
giving
up my
right
to
present
that defense
at
trial.
I
understand that
by
pieading
guilty
I am
giving
up
my right
to
claim
that the
police
did
anything
illegal
in
regard
1o
this charge,
and
my
right
to
a
hearing
to determine
if that
police
conduct was,
in
fact,
illegal.
I
havc been
advised
ol"and
unelerstand
rhat I
am
pleading guilty
to
a
felony,
and if I
am found guilty
of a
second
felony
within
ten
years,
I
will
be
sentenced
to a State
Correctional Facility
as a Second
Felony
Offender
for
a
maximurn
and minimum
period
of
time.
e.
h.
J,
7/21/2019 Wiesner Plea Agreement
http://slidepdf.com/reader/full/wiesner-plea-agreement 3/7
5.
I
acknowledge
that
I have
consulted
with
my
attorney about the
immigration
consequences
of my
guilty plea,
and
I
have been advised
that
if
I am not
a
United
States
citizen,
my
guilty plea
may
subject me
to
immigration
proceedings
and removal or deportation
from
the
Llnited
States.
I
understand that
the
irnmigration
consequences
of
my
plea
will
be
imposed in
a
separate
proceeding
bel'ore
the
irnrnigration
authorities.
I
wish
to
plead guilty
to the charged
ofibnse(s)
regardless
of any
imrnigration
consequences
of nry
guilty plea,
even if
my
guilty
plea
will
cause
my removal frorn the
United
States.
I
understand
that I
am
bound by *,u
guilty
plea
regardless
of any immigration consequences of
the
plea.
Accordingly, I waive
any
and all
challenges
to
my
guilty plea
and
sentence based on any immigration
consequences,
and agree nol
to
seek
to
withdraw
my
guilty
plea,
or
to
file
a
direct appeal or any
kind
of
collateral attack
challenging my
guilty
plea,
conviclion,
or sentence, based on
any
immigration
consequences of
the my
guilty plea.
6.
Further,
in oonsideration
fbr and as
part
of the
plea
agreement in
this
matter,
I
hereby
waive and
relinquish
my right
to
appeal
from
any
judgment
of
conviction,
and
flom
any
proceedings
herein
that
may result
from
this
prosecution.
I
have
executed
a
waiver
of right
to
appeal form
provided
to me
by the
Office
of the Attorney General.
I
have
been
advised
of
my
right
to
appeal, my
right
to be represented
by an
attorney
on
appeal,
and
my
right
to
have
an
afforney
assigned
for
me on
appeal
if
I
cannot
afford one.
It
is
my understanding
and
intention
that
the
plea
agreement
in this rnatter
will
be
a contplete and
final disposition
of
the matter.
I
make
this waiver
knowingly
and voluntarily
after having
been
fully
advised
of
my rights
by
the
Court
and having
had
a
full
and
lair opportunity
to
discuss these matters
with
my
attorney.
7.
I
hereby'
agree
to
enter
a
plea
o1'guilty
in
accordance
with
the
terms
of
the
plea
olfer
which
has
been
made to
me, having
consulted with
my
attorney
and
having
been
advised
of
allof
the rights
listed
above.
8.
"l'his
agreement
will
take
effect
when
and
if
approved
by the
court
presiding
over
People
v. Robert
wiesner,
Monroe
County
Indictment Number
l4-l136(AG).
7/21/2019 Wiesner Plea Agreement
http://slidepdf.com/reader/full/wiesner-plea-agreement 4/7
9.
'fhe
defendant
will
plead
guilty
to
the
crime of Combination
in
Restraint of l'rade
and Competition,
a
class'uE" felony, in
violation of
Ceneral
Business
Law
$$
340
and 341. also
known
as
a
violation of Nerv
York
State's
Donnelly
Act
in
full
satisfaction of
lndictment
Number
l4-l136(AC).
10,
'l"he
def'endant
has
reviewed
Exhibit
A to this
agreement
and
by
signing
this
plea
agreement
admits
that
the
facts
oontained
in
Exhihit
A to
this
agreement
are
true.
I
I .
At the
tirne of his
plea,
the
defendant
will
allocute
under
oath and
admit
that the
facts
contained in
Exhibit
A
to
this
agreement
are
true.
12. l
understand
that
in
accordance
with
this
plea
agreement,
I
will
be
sentenced
to
a
three-year conditional
discharge
on the
date of my
plea
and
rvaive
any requirement
of
a
pre-
sentence
investigation
between the dale
of
my
plea
and
sentence.
13. Further,
I
understand
that
in accordance with
this
plea
agreement
I will pay
a fine
of f-rve
thousand
dollars
to
the
State
ol'New
York
on
or
before
the
date
of my
plea.
14.
I
also understand
that in
accordance
with
this
plea
agreement,I
will
forfeit three
thousand
dollars on
or before
the
<Jate
of
my
plea.
This three thousand
dollar forfeiture
represents
illegal gain,
including
the
acceptance
of
a
discounted
personal
residential
alarm
system
and
discounted
monitoring services
from
'fechnical
Systems
Group
("]'sc"),
15.
I
understand
that
the
Ncw
York State Office
of
the
Attorney
Cieneral
deerns
rhis
plea agreement
to cover
ancl
satisfy
any
criminal liability
originating
fiom
my
acceplance,and
receipt
of said
discounted
personal
residential
alarm
s.v-stem
from
l'SG
and
discounted
monitoring services
for
that
alann
system
up
to
the date
indicated
on this agreement,
16.
I
understand
further
that
this
plea
agreement
in
no
way releases
me from any
civil
liability
that I
ma-i,have.
17.
I
understand
that
if'l rvas
convicted
after
trial
of the
erime
of Combination
in
Restraint
of
'l'rade
and
C'ornpetition.
a class
"E"
I'elonv,
in
violation
of
Ceneral
Business
t,aw
$$
3'10
and 14l.
also
known
as
a
violation
of
Nerv York
State's
Donnelly
Act,
I
could have taced
a
maximum
sentence
of
one-and-one-third
to four
years
in
State
prison
and a
fine
of
one
hundrecl
thousand
dollars
or double
the
amount
of
my
gain
from
the
crime, whichever
was
greater.
7/21/2019 Wiesner Plea Agreement
http://slidepdf.com/reader/full/wiesner-plea-agreement 5/7
18.
I
hereby agree
to
enter a
plea
of
guilty
in
accordance
with
the
terms of
the
plea
ofl'er
which
has
been made
to me. having consulted
with
my
attorney
and
having
been advised
of
all of the rights listed
above.
19.
I understand these rights,
and
the terms and conditisns of this Plea
Agreement,
which I
have read completely.
My
plea
of
guilty
is
given
freely,
voluntarily,
knowingly,
and
without
coercion
of
any
kind. No threats
or
promises
have been made to me to induce
me
to
plead
guilty.
20.
I am nst
under the
influence
of
alcohol, drugs, or medication,
nor
is there
any
other
mental
or
physical
impairment,
which
prevents
me
from
understanding these
proceedings
here
or
from
entering
this
plea
knowingly.
intelligently and
voluntarily.
My
mind is
clear and
my
judgment
is
sound.
21.
1"his
agreement
is
limited
to the Oflice
of
the
New York
State
Attorney
General
and
cannot bind
other
government
agencies.
Dated:
Rochester,
New
York
January
26.2016
Agreed
by:
ASSISTANT
ATTORNEY
GENERAL
PUBLIC
INTEGRITY
BUREAU
The above
is
hereby
approved by,
Witnessed
by,
ftorney
for
Defendant
DENNIS
KEHOE
ACTINC
MONROE
COUN'TY
COURT
JUDGE
7/21/2019 Wiesner Plea Agreement
http://slidepdf.com/reader/full/wiesner-plea-agreement 6/7
I
l.
EXHIjIT A FACTUAL A.LLOC.UJION
In
or
around 2007,
I
was
the
Director of
Security for the Monroe County Water
Authority.
I
began
working
with
Daniel Lynch
("Lynch")o
then
a Sales
Executive
at
Siemens
Building'fechnologies,
lnc.
("Siemens"),
Nelson Rivera,
the
Director
of
Information
Services
for Monroe
County,
and others to
develop
a
comprehensive
public
safbty
and
security
plan
tbr Monroe
County
("the
County")
and
the l\{onroe County
Water
Authority
("MCWA")
that,
generally
speaking,
involved upgrading the County's
and MCWA's
safbty
and
security
systems
(the
"Publie
Safety
project"),
I
was
aware that Lynch and Rivera
had
previously
set
up
a
projcet
involving
upgrades the
County infbrmation
technology
systems,
which was finaneed
through
a
Local
Developnrent
Corporation
("LDC")
called Upstate Telecommunications
Corporation
("UJ'C").
From
the
beginning
of its
development, the Public
Safery
project
was
designed
to modeled
on
a
structure
similar
to
the
Ul'C
project,
namely,
by
using
an
LDC.
Because
I
was working
with
both
Rivera and
Lynch
in
developing
the Public
Satbty
project,
I know
that they were
both
aware
of
and
involvecJ in
the
plan
to
use
a
structure
similar
to
the
U'IC
project,
i.c..
an LDC,
to
Ilnance
the
project,
In or
around
the
summer
or
fail
of
2008,
I
knew that Lynch
planned
to
leave
his
job
as a
Sales
Executive
at Siemens
to
start
his
own company
forthe
purpose
of receiving
the
assignment
of the
U'l'C
contract
liom Siemens
and
to
obtain
the
contragt
for
the Public
Safety
project.
In
or
around the summer
or
fbll
of'2008, which
was
prior
to
the
release
of
the
Request
for
Proposal
for the Public
Safbty
project
(the
"ltFP")
by the
County
on February
20,2009,
I
knew that
Lynch
intended
to
submit
a
response
to the
RFP
through this company that
he
intended
to form.
I
know that
l,ynch
fbrrned
Navitech
Services Corporation ('iNavitec['")
in
or
around
Der:ember
2008
and that
Navitech
was
ultimately
awarded
the Public
Safety
contracr.
ln or
around the
lbll
of 2008,
prior
to
the
rclease
of
the
RFP,
lvhich
was
on l;ebruary
20,
2009,
I
assisted
l,ynch in
assembling
a
team that
would
respond
to the
RFP,
along
with
Navitech,
by,
among
other
things,
t-acilitating
and
hosting
meetings
in
my
office
it
the
MCwA
with
Lynch
and
f'echnical
systems
Group
("TSG")
and John
perrone,
who
ultimately
joined
Navitech's
response
to
the
RFp.
I
know
that by assisting
l,ynch
in assernbling
the
team
that would
help
Navitech
respond
to
the RFP,
prior
to
the
release
of
the llFP.
I
was
giving
l-ynch
and
Navitech
inside
infbrmation
which
resulted
in
an
unfair
advantage
in
what
was
supposed
to
be
a
competitive
bidding
process.
From
approxirnately
the
sumnrcr
or
fall ol30L)8
through
the
date of
the release
ol'rhe
ItFP
on Februar,v
20,20A9,l.
along with
Lynch, Rivera
and others,
assisted in
drafting
0
2.
i
+.
5,
6.
7.
8.
L
7/21/2019 Wiesner Plea Agreement
http://slidepdf.com/reader/full/wiesner-plea-agreement 7/7
the
RFP.
I attended
meetings,
with
Lynch,
Rivera
and others
in
Rivera's office
where
drafts
of
the
RFP were discussed
and
distributed.
10. During the course of drafting
the
RFP, and
prior
to the
release
of
the
RFP, I
provided
Lynch
and
other
vendors
that
joined
Navitech's
response
with
specific
infbrmation
about
the MCWA's security
needs
thal
other vendors did not
have access
to. I
continued
to
provide
infbrmation
and
acivicc to Lynch and
other
vendors that
joined
Navitech's
rcsponse,
that other
vendors
dicl
not
have
access
to, between
the date
of
the
release
of
the
I{FP on
F-ebruary
20,2009
and the date
responses
were due on April 2, 2009.
I
l.
I
knorv that by
providing
inside inl'ormation
to l,ynch and
other
vendors
that
joined
Navitech's
response
prior
to the
release o1'the
RFP.
and
continuing
through
the date
responses
to the
RFP
were
due, I was
giving
Lynch
and
Navitech an
unfair
advantage in
what
rvas
supposed
to be
a
competitive bidding
process.
12.
I
was
on
the Selection
Comrnittee
for
the
Public Saf-efy
contract,
along
with
Rivera
and
others.
On or about
April
20,2009,
the Selection Committee
agreed
that
Navitech's
response
to
the
RFP was
the
best
proposal
because
Navitech was
fhe only
proposal
that
responded
to
all
ten
components
crf the RI]P.
and
because
Navitech
was
the
only
proposal
thal suggested
utilizing
an
LDC
as
a financing
mechanism
for
the
project.
13.AsecondseleclioncommitteemeetingrvasheldonoraboutApril
28,2009.
NickNoce
attcnded
this
seleclion
committee
meeting on behalf
ol'the MCWA
insteacl ol'me.
but
the
result
of
this
meeting
ar"rd
the
April
20, 2009
meeting
was
the same
and
Navitech
was
selected
as
the
winning
proposal.
14.
Irollorving
the
award
of
the
contract to
Navitech,
and
during
the
course
of
Navitech's
execution
of
the Public
Safety
project,
I
attempted
to
gain
employment
through
Navitech.
15,
Following
the
award
of
thc contract
to
TSC.
a
subcontractor
to Navitech
on
the
public
Safety
project,
I
accepted
a
discounted
personal
residential
alarm
system
from
1'SG,
including
the
installation
of'and
monitoring
of
that
alarm
system,
16.
I understand
that
my
actions
as
described
hcrein violated
Ceneral
Elusiness
Larv
S{i
340
and
341,
also
known
as Nerv
York
State's
Donnelly
Act.
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