Wiesner Plea Agreement

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



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,



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).



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.



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



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



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.

Wiesner Plea Agreement

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Transcript of Wiesner Plea Agreement