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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
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13-CR-602 (R」 D)
UNITED STATES OF AMERICA
13-MC-1011
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U.S
―agal nst―
Courthouse
Brooklyn, New York CHARLES GORDON BLAZER Defendant
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・ Ｘ
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SEALED PROCEEDING November 25, 2013 10:00 a.m.
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BEFORE:
HONORABLE RAYMOND 」. DEARIE United States District 」udge
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APPEARANCES:
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For the Government:
LORETTA E. LYNCH Un￢ ted States Attorney 271 Cadman Plaza East Brookl yn, New York l1201 BY: EVAN NORRIS DARREN LaVERNE AMANDA HECTOR Assistant U.S Attorneys
For the Defendant
FRIEDMAN KAPLAN SEILER & ADELMAN LLP 7 Times Square New York! New York 10036-6516 BY: ERIC CORNGOLD MARY E MULLIGAN ELIZABETH LOSEY AND STUART FRIEDMAN
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:
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RONALD E
TOLKIN, RPR, RMR, CRR
OFFTCTA1 00‖ RT RFPORTFR
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U S A
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Court Reporter:
v
CHARLES BLAZER
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RONALD E. TOLKIN, RPR, RMR, CRR Offlcl a]Court RepOrter 225 Cadman Plaza East
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Brookl yn, New York l1201 718-613� 2647
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THE CLERK: We
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are on this morning for a motion to
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close the courtroom under docket number 13-MC-1011.
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I ask the attorneys please to note your appearance for the record, beginning with counsel for
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government.
Can
MR. N0RRIS: For
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Hector
,
the
the government, Evan Norris,
Amanda
and Darren Laverne.
ng, Your Honor.
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Good morni
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THE C0URT: Good morning.
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MR. CORNG0LD: Your Honor, we
are here for the
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defendant, Eric Corngold, Mary Mu11igan, and El izabeth
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from Friedman Kaplan. This
is Stuart
Friedman who
Losey
is with
us.
Mr. Friedman's role is?
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THE C0URT:
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MR. C0RNGOLD: He represents
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THE C0URT: Welcome
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We
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MR. C0RNG0LD: Yes.
the defendants also.
all.
are missing one person.
I
assume
he is with
us?
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1, somewhat to my surprise I don't know who the young woman sitting on the front bench, MS. MULLIGAN: She is the Pretrial Services Officer,
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Ms. Perez.
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THE COURT:
We1
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THE COURT: Ms.
Perez, good morning.
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THE CLERK: Ms.
Perez, you can come
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have a seat
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closer.
You can
at the table.
THE C0URT: Somewhat
to
my
surprise but perhaps the
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situat'ion will be corrected momentari 1y, we are in an empty courtroom although a very public courtroom. The government
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has served notice, which they are
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certainly
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motion
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scheduled
entitled.
this matter on the public calendar, the
to close the courtroom. We have learned in our experience that
does the
that explains our
apparent
government doesn't make these motions very
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Court grant them very
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apathy.
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Is there
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subsequent moti on?
often.
anythi ng
Maybe
that
anybody wants
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Mr. Corngol d --
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MR. C0RNG0LD: No, Your Honor.
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THE C0URT: Do you
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MR. C0RNG0LD:
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THE C0URT:
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wishes
to
the
often, nor
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The Court has
to
add
to this
join in it?
Yes, Your Honor.
Is there
anythi ng
that the
government
add?
MR. N0RRIS: Nothing
substantively to the motion. I
just add, Your Honor, as of Thursday, November 21st, the public docket sheet in this matter did reflect that there woul d be a motion to close the courtroom, and it noticed the RONALD E
TOLKIN, RPR, RMR, CRR
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U.S A
v. CHARLES BLAZER
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of today's hearing.
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date and time and location
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on Friday, the court's public calendar reflected that
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i nformat i on
Subsequently, same
.
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THE COURT: Thank you.
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For the record other than court personnel
clerk,
and the Court Security
0fficer,
, pretrial
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my 1aw
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of the U.S. Attorney's Office, the Court Reporter, and my staff we are otherwise alone in this public
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cou
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and
representatives rt
room
.
I forget in granting the motion, after I made my findings, I will direct the sealing of these minutes. Presumably authorize the production of two copies, one to the government and one to Mr. Corngold pending further order of the Court, and the safeguarding of a1 1 or any computers or other Court Reporter source materi al relative to the preparation of these mi nutes. I read the government's appl ication. Suffice it to say, in my view, we have not only compl ied with the notice requi rements, that the findings that I need to make are readily made here, given the government's presentat-ion in its letter motion to the Court dated November 21 , 20'13. I read that letter a number of times, I read the proposed jnformation and the draft order. I find that a publ ic proceeding in this matter including but not limited to the identification of the defendant, would severely if not Less
RONALD E. TOLKIN, RPR, RMR, CRR OFFTCTAI CO‖ RT RFPORTFR
,
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CHARLES BLAZER
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rreparabiy prejudice an ongoi ng investigation by the United
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i
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States Attorney's Offjce and presumably the Grand Jury sitting
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here
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in the Eastern District of New York. Both the nature of the investigation, the identify
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of the defendant himself, and the surroundi ng circumstances given the breathe of the investigation make it clear to me that any public release of information at this time would, as I say, i rreparably damage that investigation, and the effectiveness of any prosecution thereafter to follow. I cannot for the life of me at this poi nt given the 'information provided to me consider any alternative to seal ing that would reasonable safeguard the interest at stake, the integrity of the investigation. I think I can say, and it is compelling too, that the prej udice to the public by a public proceeding significantly outwe'i ghs the First Amendment rights of the pubfic and the media through their access at this time' Needless to say, the appl ication and my granti ng of that appl ication wiII be for a I imited duration as being possib1e. In that regard I charge counsel , the United States Attorney, and Mr. Corngold, and all counsel for the defendant to bring to the Court's attention any information that may definitely from here on out, that could in anyway conceivably alter the Court's finding or make an adjustment to the reljef that I am
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now granti ng appropri ate.
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That havi ng been said RONALD E
I will grant the motion havi ng
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CHARLES BLAZER
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findings. In this particular case I make without hesitation, and I wi1I sign
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order accordi
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made,
I believe,
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what are the required
ngl y.
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Elie, seal the courtroom.
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THE CLERK:
Certainly.
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Do you have
the keys to lock the courtroom?
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COURT SECURITY
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THE CLERK: Judge
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THE COURT: Was
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fi
COURT SECURITY
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THE COURT:
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C0URT SECURITY
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THE C0URT:
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OFFICER:
It is
Dearie, the courtroom is locked.
it locked before I
OFFICER:
Just
Is
I did,
everybody sat'isfied?
Will you do me a favor and just open the door, and see if there is anybody lusting about 'i n the hallway yearning to get in here.
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THE COURT: Monday morning
think
we
C0URT SECURITY
at
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after
10 you would
0FFICER: No one out there, Your
Honor.
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0FFICER: Yes, Your Honor.
are in the middle of the night.
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Your Honor.
OFFICER: Yes, Your Honor.
C0URT SECURITY
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made the
now?
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]ocked.
ndi ngs?
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15
the
THE COURT: The hal
courtroom
is
lways
is empty. Now the
seal ed?
C0URT SECURITY
OFFICER: Yes
it is.
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the order is signed.
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THE C0URT: And
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MS. MULLIGAN: Thank
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MR. N0RRIS: Thank
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THE COURT:
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(Whereupon
you, Your
That brings us
the courtroom.
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Mr.
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THE DEFENDANT: Good
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Honor.
to Mr. Blazer.
the defendant, Mr. Charles Blazer, enters
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you, Your Honor.
)
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azer, good morning. morning,
sir.
I have, as you probably know, just moment ago entertained a joint application by the United States Attorney and your defense team to seal the proceedings, which I have granted. I'le are now ready to proceed. With that I will turn it over to counsel I take it we have arrived at a disposition? THE COURT:
.
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MR. NORRIS: We have, Your Honor.
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THE CLERK:
Mr. Norris, excuse
me
of the charging instrument.
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don't
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put the docket number on the record, please.
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have a copy
for
MR. NORRIS: We have
Could you just
a signed copy for Your Honor as
well. I think I previously provided a draft THE COURT: The
one second. I
copy.
docket numbelis 13-CR-602.
The
defendant's name is Charles Blazer, B-L-A-Z-E-R.
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THE CLERK:
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THE C0URT: Swear
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THE
am
sorry.
the defendant.
CLERK: Please raise your RONALD E
right right-hand.
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(Defendant sworn
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I
to
answer
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THE WITNESS:
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THE CLERK: Thank you.
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THE C0URT:
that I
truthfully.)
do.
Mr. Blazer, I know counsel has told
you
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to ask you some questions. THE DEFENDANT: Yes, sir. THE C0URT: Quite a number of questions, actually. If there is anythi ng that I say that is not crystal clear to you, don't hesitate to i nterrupt me. I wiII do my best to expl ai n, c1 ari fy If you wish at anytime -- I just want to make sure we identify everybody in the courtroom. The gentlemen I
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assume
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Honor. The two gentlemen that have entered are agents wjth the IRS and FBI . They are part of our team. There are three agents here, Your Honor.
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have
.
are
MR. N0RRIS: Yes, Your
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agent s?
THE COURT: Thank
you, gentlemen.
0ther than that we are here with the same persons identified earl ier. If you wish to talk to your lawyer at anytime or
just ask me and I will give you whatever time need to talk privately with them. l
awyers,
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THE DEFENDANT: Thank you.
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THE COURT: We
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an important proceeding
you
are in no hurry. This is obviously
to you. I
assume you understand
RONALD E TOLKIN, RPR, RMR, CRR OFFTCTAI COl,RT RFPORTFR
that.
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I do. In that spirit
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THE DEFENDANT:
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THE COURT:
p1
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ease
don't hesitate to
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interrupt, ask questions, and seek time to confer with
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counsel
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oath. That means that your answers to my questions must be truthful . If they were not in any material way, you could subject yoursel f to additional criminal charges for the offense of perjury, which is lying
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whiIe under oath.
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.
You are now under
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Do you understand t hat?
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I do, sir. THE COURT: Let me begin first of asking you to state your full name.
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THE DEFENDANT:
al
1, sir,
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THE DEFENDANT:
Charles Gordon Blazer.
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THE COURT: How
old are you, sir?
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THE DEFENDANT: 68.
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THE C0URT: You
by
are the second person I know, I
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first one, to actually stop on that question. I guess it is some sort of a Freudian block. THE DEFENDANT: It is. THE C0URT: What school i ng or formal education have
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you had?
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being the
Partially through graduate school THE C0URT: Here in the states? THE DEFENDANT: Yes, sir, in New York. THE DEFENDANT:
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CHARLES BLAZER
THE C0URT: How would you
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2
v
know you
are wheelchai
r
Tell
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THE DEFENDANT: My
ly I
describe your health? I
bound.
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me
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about your health.
health has two sides to it.
rectal cancer. I
bejng
treated. I
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Personal
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gone through 20 weeks
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good
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prognoses i s good.
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At the same time I have a variety of other less significant ailments dealing with Diabetes II and coronary artery di sease but ho1 ding up reasonably we1 1.
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have
for that. I
of
am now
chemotherapy, and
in the
process
THE COURT: Good
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THE DEFENDANT: Thank you.
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THE COURT:
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THE DEFENDANT:
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THE COURT: Does
your
I
am
have
looking pretty
of radiation,
and the
luck.
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am
Are you taki ng daily medication?
I
do.
your med'ication
ability to concentrate
on what
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THE DEFENDANT:
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THE C0URT:
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THE DEFENDANT:
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THE C0URT: So you
No,
it
I
in
any way effect
am sayi ng?
does not.
Are you physical 1y comfortable Yes,
I
now?
am.
are able to concentrate
and
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participate in this proceeding given the gravity of this
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mat t
er?
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THE DEFENDANT:
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THE C0URT:
Yes,
sir.
In your discussjons with counsel are you
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their representation? THE DEFENDANT: I am. THE C0URT: Counsel , are you satisfied that l,lr. Blazer's fu11y understands the rights he wjll be waiving by waiving .indictment and pleading guilty, and he is fu1ly competent to proceed? sati sfi ed wjth
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MR. CORNGOLD: We
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THE C0URT: Now
are, Your
Mr.
81
Honor.
azer, again, as I
am
sure you
11
told, the first order of business here is what we commonly refer to as a waiver of indictment. The charges in the Information are felony charges.
12
Meani
13
of one year. You have an absol ute right to have a grand jury determine whether or not you will be charged with any fe1 ony. The United States Attorney absent your waiver of that ri ght does not have the 1ega1 authority or power to charge you or anyone with a felony. Do you understand what I am saying? THE DEFENDANT: I do, THE C0URT: Now you indicated to counsel your willingness to waive that right, but I am obliged to tel1 you a few things about the grand jury which no doubt you a1 ready
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10
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were
ng
that they carry with
them a
potential sentence in
excess
but none the less here we go. A grand jury does not determi ne whether you are guilty of any crime or not. The role of the grand jury is to know
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determine,
2
probable cause
among
CHARLES BLAZER
12
other th'ings, whether or not there is
5
to bel ieve that you committed an offense. When and if and only if the grand jury determines that there is probable cause to bel'i eve that you committed an offense, would the grand jury then be lawfully empowered to charge you with a
6
felony
7
11
of a maximum of 23 people drawn from the community, more or less like any other jury. There must be 16 grand j urors present to constitute a lawful quorum for hearing business, and 12 of those grand jurors must agree that there is probable cause before they could charge
12
you with any fe1 ony.
3
4
8 9
10
vi
ol
ati on.
A grand
jury is
composed
13
Do you understand that?
14
THE DEFENDANT:
15 16 17
I
I
in the simplest terms that means, if given the opportunity the grand jury might or mjght not indict you for a felony, you or any other fe1on. THE CoURT:
guess
18
Do you understand?
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THE DEFENDANT:
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THE COURT:
21
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dO.
I
do.
If they chose not to for any reason,
as
I said before, the United States Attorney could not charge you with a felony. They could re-present the case to a grand jury, to the same grand jury, to another grand jury, they could supplement their presentation of evidence before the grand jury. They couid do a number of things in an attempt to RONALD E. TOLKIN, RPR, RMR, CRR OFFTCTAI COuRT RFPORTFR
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satisfy the grand jury probable cause standard but they not charge you with any fe1 ony.
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Do you understand t hat?
4
THE DEFENDANT:
5
THE COURT: Have you spoken
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9
10 11
12 13
14 15
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waiver
of
I
with counsel about thjs
i ndi ctment? THE DEFENDANT:
I
have.
feel confident that you understand your rights before that body? THE DEFENDANT: I do, THE C0URT: The grand jury isn't a trial in any sense of the words, it is not an adversarial proceedi ng. Your lawyer is not there should you wish to testify before the grand jury, as you would be in a position to request. A grand jury only hears witnesses presented by the United States Attorney, and based upon the questioning of the United States Attorney the basis of that presentation determines whether or not to charge a felony. THE C0URT: Do you
Do you understand that?
20
THE DEFENDANT:
21
THE C0URT: Knowi ng
waive your
right to
THE DEFENDANT:
24
THE CoURT:
that right
I
do.
all this are you prepared to
proceed before the Grand Jury?
23
25
could
dO.
19
22
13
Yes,
I
am.
Are you confident that you understand
and you have no questions
for
me
RONALD E. TOLKIN, RPR, RMR, CRR OFFTCTA1 00‖ RT RFPORTFR
about it?
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THE DEFENDANT:
CHARLES BLAZER
14
That is correct.
, any reservations in your mind about Mr. Blazer's understanding of the nature of the rights he is prepared, apparently, to waive? THE C0URT: Counsel
MR. C0RNGOLD: We have no
reservations, Your Honor.
I find that the defendant is ful1y aware of his rights to proceed before the Grand Jury and has vo1 untarily, and in the presence and with the assistance of counsel has voluntari ly waived that right and, accordingly, the waiver of indictment is accepted by the Court. Give me just a second I will so indicate by adding my signature to the wri t. One of the things that I neglected to mention is now that you waived indictment, and we proceed, we proceed just as if you were indicted for these offenses. THE COURT:
Accordingly then
16
Do you understand that?
17
THE DEFENDANT:
18
THE COURT:
Yes,
I
do.
Having said
that, Mr. Blazer,
we
will
19
get to the next series of questions which are real 1y designed
20
to establish as a matter of record that you fu11y understand the rights that you give up by p1 eading guilty. Bear with me while I put these questions to you. obviously, you now have a right absolutely to plead not guilty to the charges
21
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.
Do you understand that?
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v.
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THE DEFENDANT:
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THE C0URT:
3
4
I
I
real
ize that
6
THE DEFENDANT:
9
5
may
not be your stated
intention but you have a right to call it all off as you sit here ri ght now. Do you understand what
8
'1
do.
5
7
BLAZER
CHARLES
Yes,
I
I
am saying?
do.
to plead not guilty to the charges you would be entitled to a speedy and public trial by a jury with the assistance of counsel on the charges reflected THE COURT:
If
you were
10
'in the Information and perhaps on other charges that the
11
Attorney might seek from the Grand Jury.
U.S.
Do you understand t hat?
12
16
I dO. THE COURT: At trial you would be presumed innocent of all charges. The government would have to overcome or try to overcome this presumption of innocence and prove you guilty
17
by competent evidence and beyond a reasonable doubt.
13
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THE DEFENDANT:
You,
18
sit
sir,
would not be required
to prove a thing.
back and do nothing and say nothing, and simply
19
You could
20
put the government to the burden of tryi ng to convince the
21
j ury
of your gui1t.
22
Do you understand that?
23
THE DEFENDANT:
24 25
I
do.
if the government were to fail in anyway practical or technical or not, the jury THE C0URT:
That means that
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would be required under my instructions
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gui'l ty.
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Do you understand that?
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THE DEFENDANT: Yes.
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to find you not
In the course of a trial witnesses for the government would have to come here to Court and, of course, testify under oath in your presence and the presence of counsel . You would have the right, therefore, to confront each of these witnesses face-to-face here in the courtroom. You would have the right through counsel to cross examine each of the government witnesses and, when appropriate, to object to evidence offered by the government. You have the right to offer evidence in your own defense. In that regard, you have the right to compel the attendance of witnesses and the production of evidence under court order or subpoena, as we commonly refer to them. At the trial you would have the right to testify if you chose to do so and only if you chose to do so. The decision whether or not to testify at trial is yours to make, it is not counsel's. It is a decision that you obviously make in consultation with counsel , but just like the decision to plead guilty or not to plead guilty, it is a personal decision that you make. THE
C0URT:
24
Do you understand t hat?
25
THE DEFENDANT:
Yes,
I
do.
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If you chose in consultation with counsel not to testify, as is your constitutional right to remain silent, no one can make you testify, not your lawyer, the government's |awyer or the Court. THE C0URT:
5
Do you understand that?
6
THE DEFENDANT:
Yes,
I
do.
10
to avail yourself of that right I would instruct the jury if requested by counsel , and he 1ikely would, in the strongest possib1 e terms that under no circumstances could they the jury ho1 d
11
your deci si on against you.
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12 13
14 15 16 17 18 19
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THE C0URT:
As
I said, if
Do you understand t hat?
I do. THE COURT: A1 1 right. Now having said that if you p1 ead guilty and I accept your plea, you will be giving up these rights. There will be no trial wjth the possible exception of a sentence, which I will get to momentari 1y. There is no right to appeal . I will simply enter a judgment of guilty based upon what you te1 I me, based upon your p1 eas of guilty. THE DEFENDANT:
21
Do you understand that?
22
THE DEFENDANT:
23
THE CoURT:
24 25
you chose
I
I
do.
Fina11y, before
can actually accept
f that you are in fact guilty of these charges. To do that in a few mi nutes I your p1ea,
am
required
RONALD E
to satisfy
I
mysel
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to ask you some questions. In responding to my questions obviously you will give up your right to remain silent. You wi.l 1 give up your constitutional right not to incriminate yourself. You will be called upon here in open Court to acknowledge your gui1t. am
going
6
Do you understand t hat?
7
THE DEFENDANT:
8 9 10
13
I
do.
willing now to give up your right to a trial and these others rights I just explained. THE DEFENDANT: Yes, I am.
11
12
18
about any
THE COURT:
Are you
THE C0URT:
Mr. Blazer, do you have any question
of the material
we covered so far?
THE DEFENDANT:
No,
I don't.
16
I have before me a document that bears the caption of this case. I guess I a draft of the original that is in the government's
17
possessi on .
14 15
THE C0URT:
For the record,
I
it to the Courtroom Deputy,
18
MR. N0RRIS:
19
Honor. The ori gi na l Information?
gave
20
THE COURT:
21
MR. NoRRIS:
22
THE COURT: Has
23 24
It has, Your Honor. THE CLERK: I wi]I mark it as Court Exhibit
25
(So marked as Court
No, the agreement.
I will
have
hand
that
that up, Your Honor.
been ful 1y executed?
MR. NoRRIS:
Exhibit 1.)
RONALD [ TOLKIN, RPR, RMR, CRR OFFTCTAI C01lRT RFPORTFR
1.
Your
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It js a 19 page typewritten document bearing the caption of this case. THE CLERK: Judge Dearie, I placed the original in front of Mr. Bl azer. THE C0URT:
6
1 right. The first question, did you read it?
7
THE DEFENDANT:
8
THE C0URT:
9
THE DEFENDANT:
THE C0URT:
5
Yes,
I
have.
Did you read Yes,
it carefully?
I did.
THE COURT: Would you agree
10 11
A1
important 19 pages in your
life right
that this is now?
12
THE DEFENDANT: Extremely so.
13
THE C0URT:
14
Did you read
it with that
Yes,
THE DEFENDANT:
16
THE COURT:
17
THE DEFENDANT:
18
THE COURT: Have
I did.
Did you review
it with
they satisfied you and answered of
your q uest i on s? THE DEFENDANT: They have.
21
THE COURT: Do you have any
questions you would
22
to put to
23
sir. THE COURT: Do you feel that everything -i n this document?
25
counsel?
I did.
20
24
degree of
care?
15
19
an
me?
THE DEFENDANT:
No,
you understand
RONALD E TOLKIN, RPR, RMR, CRR OFFTCTAI COHRT RFPORTFR
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THE DEFENDANT:
1
2
v
Yes,
I
20
do.
I will not cover every aspect of this agreement. We will touch on a few things. Let me ask you this. Is your agreement with the United States Attorney fu11y and accurately set out in this Court Exhibit 1? THE DEFENDANT: Yes, it is. THE COURT:
THE C0URT:
7
8
agreements
9
thi s
that
Are there any other understandings or
induced your plea
that are not reflected in
document?
No,
sir.
10
THE DEFENDANT:
11
THE C0URT: Can you
12
MR. CORNG0LD: Yes, Your Honor.
13
MR. N0RRIS: Yes, Your Honor.
14
THE COURT: We
15
Now
16
assistance
17
verbati
will
confirm
that,
come back
counselor?
to that
momentari 1y.
the 'information is quite lengthy, and with the
of counsel I will
summarize
rather than read
m.
18
Is there
19
MS. MULLIGAN: No, Your Honor.
20
MR. CORNG0LD: No, Your Honor.
21
THE C0URT: Have you
22
THE DEFENDANT:
23
THE C0URT: Have you
24
THE DEFENDANT:
25
THE C0URT:
any objection
Yes, Yes,
With the
to that?
read
I
have.
read
I
this Information? it careful1y?
have.
same degree
RONALD E. TOLKIN, RPR, RMR, CRR OFFTCTA1 00‖ RT RFPORTFR
of care that
you
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CHARLES BLAZER
21
to the Agreement? I did.
2
THE DEFENDANT:
Yes,
3
THE C0URT: You
conferred with counsel?
4
THE DEFENDANT: YES,
I hAVE, THE COURT: Do you feel that
5 6
nature
of
you understand the
charges?
I
7
THE DEFENDANT:
8
THE C0URT: Counsel responded
9
questions
dO,
Yes, they have.
THE DEFENDANT:
11
THE C0URT: There m.i
staken, ten charges i n
THE DEFENDANT:
14
THE C0URT:
16
are ten charges, if I
total
13
15
your
to your sati sfacti on?
10
12
to a1i of
am not
--
That is correct.
Involving these organizations. I don't
know how you pronounce
it,
FIFA.
MR. N0RRIS: FIFA, Your Honor.
22
its membership or constituent organization. The charges relate to events involving an exchange of elicit payments for one purpose or another. They identify FIFA and its attendant or related constituent organization as what we call an enterprise, a RIC0 enterprj se. RICO is an acronym for, and don't overreact to this as I am
23
sure most people do, Racketeering Influenced Corrupt
24
0rganization. I will spare you the historical
17
18 19
20 21
25
THE C0URT:
Then
it
FIFA, and
charges a number
RONALD E
note.
of things including
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20 21
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racy. Conspi racy, the initial paragraph explains, identifies these various organizations and what they do, their mission to promote the sports throughout the world, their role in the selection of various sites for World Cups and Gold Cups and so forth and so on. You have read it. You know about this more this than I do, that is for sure. It a1 leges a conspiracy to corrupt this enterprise through the anticipated payment of funds pursuant to various crimi nal schemes. Reciting just a heading now, 1998 Wor'ld Cup bri bery scheme, referri ng to page 16. The Gold Cup bribery and kickback scheme. It involves a conspiracy to do these things. A conspiracy to use wi re transfers to effect the payment of mon i es. Tell me what your understanding of what a conspiracy is, what is a conspiracy? THE DEFENDANT: That it is an activjty conducted by a group of people for a specific a'i m and objective. THE COURT:
A specific what objective?
or objective. THE COURT: That is a B-Plus. It is a specific criminal aim or objective. Okay? THE DEFENDANT: Aim
THE DEFENDANT:
23
THE C0URT:
25
22
conspi
22
24
CHARLES BLAZER
That is corrected.
It is an agreement to do something that
the law forbi ds. THE DEFENDANT: Okay.
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It is the agreement itself.
1
THE C0URT:
2
THE DEFENDANT: 0kay.
3
THE C0URT: You and
to
I
I
we agreed
5
go into the marijuana business.
6
conspiracy
7
were buddies on the street and
mari j uana and we meant i
4
sel
23
t.
We committed
t^Je
were
go1
ng to
the cri me of
to distr.ibute marijuana, whether we ever distributed a single gram. It is an agreement itself.
8
Any questions about that?
9
THE DEFENDANT:
10
THE COURT:
11
evasion, violation
12
well.
No,
sir.
It also charges money laundering, tax
of certain financial reporting laws as
13
Are you familiar with
14
THE DEFENDANT: Yes.
all of this?
16
feel that I have to go into any more specifics given Mr. Blazer's familiarity with the
17
charges?
15
THE COURT: Does anybody
18
MR. N0RRIS: No, Your Honor.
19
THE C0URT: Now
I return to your agreement, Mr.
important jnformation relative to
20
Blazer, to discuss
21
sentenci
22
chapters.
23 24
first being what the Statute provides. Each offense carri es with it a potential penalty. There are no
25
mandatory minimums here but there are statutory maximums.
some
ng. This real 1y comes, if
you
wi1l, in three
The
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CHARLES BLAZER
of the other. You could be to consecutive terms, one after another, and so
1
Each penalty could be on top
2
sentenced
3
forth
4 5
of your agreement sets out the statutory penal ties that you face. For exampie in Count 0ne,
6
which
7
of twenty years i mpri sonment.
and so on. Paragraph one
is the racketeering
conspiracy, there 'i s a
8
THE DEFENDANT: YES.
9
THE COURT:
if I
Two,
11
period of what
12 13
14 15 16 17 18 19
20 21
22 23
This covers both Count One and
Count
not mistaken. The statutes also provides for
10
am
maximum term
a
is called supervised release. If you are sentenced to a term of impri sonment, the Court is authorized by statute to impose a sentence of supervised release up to three years. Supervised release is a period of supervision that begins to run the moment that you are released from federal custody. This only comes into play if you are sentenced to a period of incarceration. The important thing to remember is that if you are to violate the terms or condjtions of supervised release at any point during the period of supervision, you could then under the terms of my sentence in this case be returned to prison for up to two years without any credit bei ng given for the time you spent at l iberty under the supervision.
24
Do you foă‚ł low?
25
THE DEFENDANT:
RONALD E
I do
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25
for Count One there is a maximum of twenty years, a fine of up to $250,000 or twice the gross profits of the enterprise. I am quoting the language of the statutory provision. Restitution is mandatory in an amount to be determined by the Court. The Court will impose a special assessment of $100 on each Count. You face certain criminal forfeitures as is provided for in your agreement. That is the subject I will turn to at the conclusion of this proceeding. Count Two carri es with it, I bel ieve, the identical THE C0URT: So
penal
ti
es.
1 right.
11
THE DEFENDANT:
12
THE C0URT: As does Count Three
A1
except the
fine
here
15
is the greater of $500,000 or twice the value of the monetary instruments or funds involved, that being the money laundering conspi racy. Again restitution is a special assessment and
16
forfe i ture.
13
14
Counts Four through Nine charge
17
tax evasion.
Each
21
of five years impri sonment. There is three years supervi sed release. There is a maximum fine of $100,000 and the cost of prosecution. Restitution to the Internal Revenue Service. There is a special assessment as I
22
have noted.
23
Finally, Count Ten, which is a failure to file FBAR, with a maximum of ten years in prison and three years of supervised release, and a fine of up to $500,000. I don't
18 19
20
24 25
carri es a
maximum
term
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is a $100 special assessment. There are other penalties, according to your agreement, a ci vj l money penal ty of $487,875.74 as descri bed in Paragraph 3(g) of your agreement. Have I mi ssed something? know
that restitution plays here.
There
6
MR. NORRIS: No, Your Honor.
7
THE C0URT: Those
8
add they could be made
9
10 11
12
26
Now we
go
to
are the statutory penalties. I
to run consecutively. Chapter Two. Chapter Two involves what
call the sentencing guidelines. The guidelines are designed to inform the Court, to guide the Court I should say, now I can use the term guide literal 1y, where withjn this
we
14
rather broad statutory range you would be sentenced. To do that we apply these various guidelines
15
establ ish a sentencing range, which
16
follow but I
17
to considelit, I am ob1 igated to calculate it as the first step in the sentence an accurate guideline sentencing range. I won't be'in a position to do that unti1 I have seen the presentence report. This is somewhere down the road. That is a document prepared by the Probation Department with your input as wel I as counsel's, and the United States
13
18 19
20 21
22 23 24 25
am
I
am
and
not obl igated to
obligated to consider. Because I
am obl
igated
Attorney, and the relevant investigatory agencjes. The report will tell the story of the case and your involvement in it, your role, and so forth. It will provide a RONALD E. TOLKIN, RPR, RMR, CRR OFFTCTAI CO‖ RT RFPORTFR
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27
personal history, a financial history, a criminal hi story
if
any, and it will contain the Probation Department's recommended calculation of the advisory guideline range.
4
You
l
see
that along with counsel before I
do.
to voice objections, to Probation. The document
be given an opportunity
5
You wil
6
comments, and
7
wi I
I
will
come
to
give suggestions
me.
At that point if the parties are in
8
disagreement
16
of the calculation it will be incumbent upon me to resolve those differences and, as I said, apply the guidelines as I understand them. I will use them as a guide but not a control ling guide in deciding when we get to Chapter 3 down in sentencing, what is under al] of the circumstances in the case a reasonable sentence. At the end of the day if you think that I have imposed an unreasonable sentence -- there is no appeilate
17
wai ver?
9
10 11
12 13
14 15
with
some
aspect
18
MR. NORRIS: No, Your Honor.
19
THE
20 21
22 23
24 25
C0URT:
If
you
think I
have imposed an
to the higher court. If you are not at that time able to afford the fees and counsel , counsel will be furni shed at the expense of the Court. The Unjted States Attorney you should understand, Mr. Blazer, has a comparable right of appeal should they feel that I have been unreasonably lenient. They may seek unreasonable sentence, you may appeal my sentence
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28
appellate review of the sentence. Should that happen your
4
interest in that proceeding will simply be represented by counsel of your choosing or counsel provided by the Court. Bear with me just a second. We have covered a lot
5
of ground, Mr. Bl azer.
2 3
6
THE DEFENDANT: Indeed.
7
THE COURT:
8
THE DEFENDANT: From my
10
THE C0URT:
I ike
to put to
attorneys, yes, sir.
me?
sir. Counsel , is there anything that I left
THE DEFENDANT:
13
THE C0URT:
No,
out that I should include?
15
MR. NORRIS: No, Your Honor.
16
MR. CORNG0LD: No, Your Honor.
17
THE C0URT:
18
your
Are there any questions before
I
take
pl ea?
No,
19
THE DEFENDANT:
20
THE COURT:
21
THE DEFENDANT:
22
THE COURT: What
23
this information
Are there any questions that you wou'l d
12
14
you have heard
before.
9
11
I trust
10 inclusjve,
si
r.
Are you ready
I
to
p1
ead?
AM.
is your plea to
Count One through
guilty or not guilty?
24
THE DEFENDANT:
25
THE COURT:
RONALD E
Guilty.
Are you pleading
guilty
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untarily?
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Yes,
I
29
1
THE DEFENDANT:
2
THE C0URT:
3
THE DEFENDANT: Tota.l 1y.
4
THE C0URT: Has anybody
5
THE DEFENDANT: No.
6
THE C0URT: Has anybody made
7
am.
0f your own free will?
is not ref1ected in this
THE DEFENDANT: No.
9
THE C0URT: Has anybody
to what I will
do when
it
comes
11
THE DEFENDANT:
12
THE COURT: We
13
al I ocuti on been prepared?
ead guilty?
given you any assurance
to
NO,
turn to the charges.
15
THE C0URT: Why
Has an
don't we start with that and then we
11 go from there.
it count by count.
17
MR. CORNG0LD: We have done
18
THE C0URT: Even
better.
19
Mr. Blazer, tell
me
20
THE DEFENDANT: Regarding Count One.
21
From
in
what you did.
and about and between 1990
to
December 2011,
22
I
23
Internationale de Football Association, common.ly known as FIFA, and one of its constituent confederations, the Confederation of North, Central Ameri can and Caribbean
24 25
as
sentence?
MR. CORNGOLD: Yes, Your Honor.
wi
p1
a promise to you that
14
16
to
agreement?
8
10
forced you
was employed by and associated
RONALD E
with the Federation
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CHARLES
BLAZER
30
their
1
Association Footbal 1, commonly known as
2
sports marketi ng affiliates.
3
6
this time, the principal purpose of FIFA and CONCACAF, as wel I as other affil iated soccer governing bodies and sports marketing companies, was to promote and/or regulate the sport of soccer worldwide as part of an ongoing
7
organization.
8
sports-related events and conducted business overseas and in
9
the United States, including in the Eastern Djstrjct of
4 5
C0NCACAF,
and
During
Among
other things, FIFA and C0NCACAF held New
10
York, and utilized American financial institutions in their
11
banking and investment
12
headquarters
13
in
activit'ies.
C0NCACAF
also had its
New York.
From 1997 through 2013,
served as a FIFA executive
18
ities in that role was participati ng in the selection of the host countries for the World Cup. I also served as General Secretary of C0NCACAF from 1990 through December of 2011 , and was responsi ble for, among other things, participating in the negotiations for
19
sponsorshi p and media
14 15 16 17
committee member. One
of
I
my
responsibil
rights.
20
During my association with FIFA and
21
other things, I and others agreed that I or a
22
would commit
23
24 25
C0NCACAF, among
co-consp"i
rator
at least two acts of racketeering activity. Among other things, I agreed with other persons in or around 1992 to faci]itate the acceptance of a bribe in conj unction with the selection of the host nation for the 1998 World Cup. RONALD E TOLKIN, RPR, RMR, CRR OFFTCTA1 0011RT RFPORTFR
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31
7
in or about 1993 and continuing through the early 2000s, I and others agreed to accept bribes and kickbacks in conj unction with the broadcast and other rights to the 1996, '1998, 2000, 2002, and 2003 Go1 d Cups. Beginning in or around 2004 and continuing through 2011 , I and others on the FIFA executive committee agreed to accept bribes in conjunction with the selection of South Afri ca as the host nation for the
8
2010 World
9
above had common participants and results.
1
2 3
4 5 6
Beginning
Cup.
Among
other things, my actions described
is with regard to
10
That
11
THE COURT: A'l 1
12
Go ahead.
13
THE DEFENDANT: Count Two.
14 15 16 17 18 19
20 21
22 23 24 25
ri ght
Count One.
.
April of 2004 and llay 2011 , I and others who were fiduciaries to both FIFA and C0NCACAF, in contravention of our duties, I and others, while acti ng in our official capacities, agreed to participate in a scheme to defraud FIFA and CONCACAF of the right to honest services by taking undisclosed brjbes. I and others agreed to use e-mail, telephone, and a wjre transfer into and out of the United States in furtherance of the scheme. Funds procured through these improper payments passed through JFK Airport in the form of a check. That is regarding Count Two. Between
Number
three.
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32
1
THE C0URT: 0kay.
2
THE DEFENDANT: Number
3
Between December 2008 and May 2011
to
three.
and transmitted funds by wi re
, I
and others
transfer and checks
4
agreed
5
to places in the Caribbean, and from places in the Caribbean to places in the United States. I agreed to and took these actions to, among other things, promote and conceal my receipt of bribes and kickbacks. I knew that the funds involved were the proceeds of an unlawful bribe, and I and others used wires, e-mails, and te1 ephone to effectuate payment of and conceal the nature of the bribe. Funds procured through these improper payments passed through JFK Airport in the form of a check.
6 7
8 9
10 11
12 13
from places within the United States
14
Regarding Counts Four through Nine.
15
Between 2005 and 2010,
while a resident of
New York,
York, I knowingly and w"i lful1y failed to file an income
16
New
17
19
tax return and failed to pay income taxes. In this way, I intentional 1y concealed my true income from the IRS, thereby defrauding the IRS of income tax owed. I knew that my actions
20
were wrong
18
at the
time.
C0URT: Repeat
that again.
21
THE
22
THE DEFENDANT: Between 2005 and 2010,
while
a
24
York, I knowingly and willfully failed to file an income tax return and failed to pay income
25
taxes. In this way, I intentionally
23
resident of
New
York,
RONALD [
New
concealed my true income
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33
1
from the IRS, thereby defrauding the IRS of income tax
2
I
knew
3
4
that
my
owed.
actions were wrong at the t'ime.
MR. CORNG0LD:
Mr. Blazer is waiving venue for
these.
5
THE C0URT: Do you know what venue
6
THE DEFENDANT:
7
THE C0URT: Continue.
8
THE DEFENDANT: Count 10.
Yes,
I
is, Mr. Blazer?
do.
13
In 2010, while a resident of New York, I had an 'interest in and control ]ed bank accounts in the Bahamas with total value exceeds $10,000. I intentionally and wi11fu1 ly did not file a report disclosing those accounts to the Department of the Treasury. I did this while violating the
14
Federal Tax
9
10 11
12
Law.
1 right.
15
THE COURT:
16
You have seen
17
MR. N0RRIS: Yes, Your Honor.
18
THE C0URT:
19
t'lR. NORRIS: Two qui ck poi nts.
20
With respect
A1
it
before?
Is there anything that to
in the Caribbean
22
outside of the United States.
23 24 25
W-ith respect
to
to
add?
Three. I would just note that that the defendant referred to are
the
aces
you want
Count
21
p1
a
Counts Four through Nine, the
for each of the years 2005 to 2010. I bel ieve we could prove that if this defendant owes substantial federal income tax
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case were
to go to trial
.
Anything
se, Mr.
2
THE COURT:
3
MR. C0RNGOLD: No, Your Honor.
4
THE C0URT: May
5 6
34
v. CHARLES BLAZER
I
e1
have a copy
Corngold?
of that, if
you have
no obj ect i on . MR. C0RNG0LD: We have no
objection.
19
I don't need it right this mi nute but if you can get me a clean copy of it I would appreciate it. MR. N0RRIS: One other point, as well, with respect to Count Ten and Venue, I would note that there are local IRS offices within the Eastern District of New York that the defendant could have filed the FBAR form which gets the venue to that count. THE COURT: Based on the information given to me I find that the defendant is acti ng voluntari ly, that he fully understands his rights, the consequences and possi b1 e consequences of his p1eas, and there are a factual basis for these pleas of guilty. I, therefore, accept the plea of guilty to Counts One through Ten inclusive of the information
20
beari ng Docket number 'l 3-CR-602.
7 8
9 10 11
12 13
14 15
16 17 18
21
22 23 24 25
THE
C0URT:
Mr. Blazer, at the appropriate time I urge you to
in their preparation of the presentence report consistent, of course, with the advice of counsel Let's take up the subject of forfeiture. You will cooperate with the Probation Department
.
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I in your agreement there are strict
1
recal
2
undertaking, and agreements relative
3
SUMS.
I
4 5
have before me an order
it, Mr. Corngold,
of forfeiture which I
Yes, Your Honor.
7
THE COURT:
8
MR. C0RNGOLD: No, Your Honor.
9
MR. N0RRIS: Your Honor,
Is there any objection if I sign that? provide
triplicate?
THE C0URT: More
12
MR. N0RRIS: More
13
THE C0URT:
15
if I could, could I
to the court two identical copies, as well?
11
14
take
you have seen?
MR. C0RNG0LD:
up
understandi ngs,
to forfejture of certain
6
10
35
triplicate, Your Honor. Al1 right, I signed the order of
forfei ture.
Is there
anythi ng else?
16 17 18
19
20 21
22 23 24 25
THE COURT:
We
will set a date for late next year as
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1
2 3
4 5 6 7 8
9
10 11
THE COURT:
Mr. Blazer, my last question is do you
have any questi ons?
12
THE DEFENDANT: Nothing.
13
THE C0URT:
14
THE DEFENDANT: One moment, Your Honor.
15
MR. N0RRIS: Your Honor, can we
16
to
Are you sure?
your time.
THE C0URT: Take
18
(Whereupon counsel confer.
19
MR. NORRIS: Two
20
Wi
21
THE COURT:
22
MR
24 25
have one moment
confer?
17
23
just
final
)
matters.
th respect to bai]. NORRIS:
The gentleman has not be processed? He ls 9olng tO be processed by the
Marshals after we leave thls proceeding. The partles Jointly recommend a S10,000,000 unsecured bond.
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1
2 3
4 5 6 7 8
9
10 11
12 13
14 15 16 17
18
THE COURT:
I
have no objection
just occurred to me. As we concl uded, Mr. Blazer, I asked you if you had any final questions. You seemed to indicate that you might. THE DEFENDANT: It was pertaining to this document. Are you satisfied
THE C0URT:
20
THE DEFENDANT:
I THE COURT: Well, fair
21
25
Yes,
now?
am.
enough.
Good I uck
with your
heal th ‐‐
MR. CORNGOLD:
23
24
have one
thought that
19
22
to that. I
Your Honor, I have one thing for the
record. We
looked
at the Pretrial Services report
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2 3
4 5 6 7
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10 11
v
CHARLES BLAZER
38
are certain bank accounts that are not mentioned in there. I
think in the interview they didn't cover it. The government is wel I aware, I th'ink, of the accounts. I don't think that it should change anything w'ith respect to the bail conditions. THE C0URT: A1 I right. MR. NoRRIS: Your Honor, if we could, if you could ask the defendant to confi rm that there are additional accounts not l isted on that Pretrial Services report. It appears that Pretrial Services didn't inquire about foreign bank accounts. THE CLERK: Gentlemen,
just
one second
p1
ease.
12 13
14 15 16 17
If there are any variations, any change in ci rcumstances, any relaxation of travel authorizations and etcetera, I want Pretrial Servi ces informed. 0kay.
18
Yes,
19
THE DEFENDANT: The answer was
20 21
22 23 24 25
si
r?
yes
to the last
question. I didn't get a chance to 'I ook at the document, I have, and I just want to record that my answer was yes. THE C0URT:
Yes, you
have add i t'i
onal bank accounts
that are listed. THE DEFENDANT:
That were not ]lsted on that
document, correct.
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39
Just so the record is clear
MR. N0RRIS:
1
v
my
7
is that, and counsel and the defendant can confirm this, it wasn't that they were not disclosed to Pretrial Services, it is that they didn't ask about foreign assets. So in reviewing that we wanted to make sure that the record is cl ear. THE C0URT: There was no attempt to deceive, is that
8
what you are getti ng at?
2 3
4 5 6
understanding
MR. NORRIS:
9 10 11
12
Yes, foreign assets and a trading
in the United States. Again, the IRS and the FBI and the government are aware of thjs. THE COURT: Now, is there anything e1 se?
account
13
MR. CORNG0LD: No, Your Honor.
14
MR. N0RRIS: No, Your
Honor. Thank you very
much'
18
I need your signature on this form. I need your signature right here. THE COURT: El ie, here is the fi]e. THE CLERK: Judge Dearie, I need your sjgnature
19
ri ght here
15 16 17
THE
CLERK: Mr. Blazer,
.
20
THE COURT: Yes.
21
THE CLERK:
22 23 24 25
Just for the record, I have a sentence
7th, 2014 at 0 a.m. THE DEFENDANT: I want to hand this back to you. THE CLERK: Thi s actual l y, l'lr. Norri s, I wi l l ask you to hold this in your fi1e.
control date of
November
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MR. NORRIS: Yes.
2
THE
3
CLERK:
everythi ng here
wi I
CHARLES BLAZER
I will give you a copy of the waiver and
I be under seal
4
MR. NORRIS: Thank you
5
THE
6 7
8 9 10
this
40
CLERK: Ms. Perez,
.
very
I
much
want
for your he1p.
to give you a copy of
for your fi1e. Who is dealing with the Marshal s right now, the case agent? I will give you this bond, the original , to give it to the Marshals. Let me make this perfectly clear. It is absolutely jmportant that you give this to the Marshals. bond
11
MR. NORRIS: Thank you.
12
(lalhereupon Judge Dearie leaves
13
(Matter concl uded at
'l
'l
a. m.
the courtroom.
)
14 15 16 17 18 19
20 21
22 23 24 25
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)