Sheldon Silver: Sentencing Document by The Lo-Down

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA

No. 15 Cr. 93 (VEC)

v. SHELDON SILVER, Defendant.

SENTENCING MEMORANDUM OF SHELDON SILVER

Joel Cohen Dale J. Degenshein STROOCK STROOCK & LAVAN LLP 180 Maiden Lane New York, New York 10038 Telephone: (212) 806-5644 Facsimile: (212) 806-6006

Steven F. Molo Robert K. Kry Justin V. Shur MOLOLAMKEN LLP 540 Madison Avenue New York, New York 10022 Telephone: (212) 607-8160 Facsimile: (212) 607-8161

Attorneys for Defendant April 20, 2016

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TABLE OF CONTENTS INTRODUCTION .......................................................................................................................... 1 BACKGROUND ............................................................................................................................ 3 I.

EARLY LIFE AND CAREER ........................................................................................... 3

II.

PUBLIC SERVICE ............................................................................................................. 5 A.

Rebuilding Lower Manhattan ................................................................................. 6

Public Education ................................................................................................... 10

Senior Citizens ...................................................................................................... 14

Healthcare ............................................................................................................. 15

Issues Particularly Affecting Women ................................................................... 18

Tenant Advocacy .................................................................................................. 19

Public Safety ......................................................................................................... 20

Community Support .............................................................................................. 22

III. LEGACY OF SERVICE................................................................................................... 27 IV. MR. SILVER’S FAMILY AND FAITH .......................................................................... 27 V. MR. SILVER’S HEALTH ................................................................................................ 28 VI. THE NOW UNSEALED MATERIAL ............................................................................ 29 LEGAL ANALYSIS ..................................................................................................................... 30 I.

THE STANDARD ............................................................................................................ 30

II. THE ADVISORY GUIDELINES RANGE...................................................................... 31 III. CONSIDERATION OF THE FACTORS SET FORTH IN 18 U.S.C. § 3553 WARRANTS LENIENCY ............................................................................................... 36 A.

Mr. Silver’s History and Personal Characteristics ................................................ 36

The Nature and Circumstances of the Offense ..................................................... 41

The Purposes of Sentencing .................................................................................. 43

Mr. Silver’s Health and Medical Condition .......................................................... 47

The Need to Avoid Unwarranted Sentencing Disparities ..................................... 48

An Alternative Sentence of Community Service .................................................. 53

CONCLUSION ............................................................................................................................ 55

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TABLE OF AUTHORITIES Cases Gall v. United States, 552 U.S. 38 (2007) ...................................................................................................3, 30, 36, 55 Koon v. United States, 518 U.S. 81, 113 (1996) .......................................................................3, 55 Nelson v. United States, 555 U.S. 350 (2009) .................................................................................................................30 In re Silver, No. M-6258, --- N.Y.S.3d ---, 2016 WL 119395 (N.Y. App. Div. 1st Depâ&#x20AC;&#x2122;t Mar. 29, 2016)..........................................................................................................................43 United States v. Adelson, 441 F. Supp. 2d 506 (S.D.N.Y. 2006)..........................................................................35, 38, 44 United States v. Anderson, 533 F.3d 623 (8th Cir. 2008) ...................................................................................................44 United States v. Autery, 555 F.3d 864 (9th Cir. 2009) ...................................................................................................46 United States v. Benkahla, 501 F. Supp. 2d 748 (E.D. Va. 2007) ................................................................................36, 40 United States v. Carmona-Rodriguez, No. 04-cr-667-RWS, 2005 WL 840464 (S.D.N.Y. Apr. 11, 2005) ...................................45, 48 United States v. Carter, 538 F.3d 784 (7th Cir. 2008) ...................................................................................................45 United States v. Castillo, No. 03-cr-835-RWS, 2007 WL 582749 (S.D.N.Y. Feb. 26, 2007) .........................................47 United States v. Cavera, 550 F.3d 180 (2d Cir. 2008).........................................................................................30, 31, 36 United States v. Cuti, No. 08-cr-972-DAB, 2011 WL 3585988 (S.D.N.Y. July 29, 2011) ..................................32, 34 United States v. Deutsch, 987 F.2d 878 (2d Cir. 1993)...............................................................................................32, 34 United States v. Emmenegger, 329 F. Supp. 2d 416 (S.D.N.Y. 2004)......................................................................................35 ii

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United States v. Germosen, 473 F. Supp. 2d 221 (D. Mass. 2007) ......................................................................................46 United States v. Gonzalez, 647 F.3d 41 (2d Cir. 2011).......................................................................................................42 United States v. Gonzalez, No. 06-cr-726-WHP (S.D.N.Y. May 12, 2010) .......................................................................52 United States v. Gupta, 463 F.3d 1182 (11th Cir. 2006) ...............................................................................................33 United States v. Hamilton, 323 F. Appâ&#x20AC;&#x2122;x 27 (2d Cir. 2009) ...............................................................................................45 United States v. Harding, No. 05-cr-285-02, 2006 WL 2850261 (S.D.N.Y. Sept. 28, 2006)...........................................40 United States v. Hernandez, No. 03-2005 WL 1242344 (S.D.N.Y. May 24, 2005) .............................................................44 United States v. Howe, 543 F.3d 128 (3d Cir. 2008).....................................................................................................38 United States v. Jones, 158 F.3d 492 (10th Cir. 1998) .................................................................................................44 United States v. Jones, 460 F.3d 191 (2d Cir. 2006).....................................................................................................47 United States v. Litvak, No. 3:13-cr-00019-JCH (D. Conn. June 27, 2014) ..................................................................35 United States v. Lukens, 1:95-cr-00041-GK (D.D.C. June 29, 1996) .............................................................................50 United States v. Lukens, 114 F.3d 1220 (D.C. Cir. 1997) ...............................................................................................50 United States v. McDonnell, 792 F.3d 478 (4th Cir. 2015), cert. granted in part, 136 S. Ct. 891 (Jan. 15, 2016) ........................................................................................................................................48 United States v. McDonnell, No. 3:13-cr-00012-JRS (E.D. Va. Jan. 6, 2015) ......................................................................49

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United States v. Myers, 353 F. Supp. 2d 1026 (S.D. Iowa 2005) ..................................................................................39 United States v. Nellum, No. 2:04-cr-30-PS, 2005 WL 300073 (N.D. Ind. Feb. 3, 2005) ........................................38, 44 United States v. Ney, No. 1:06-cr-00272 (D.D.C. Oct. 13, 2006) ..............................................................................49 United States v. Parris, 573 F. Supp. 2d 744 (E.D.N.Y. 2008) .....................................................................................36 United States v. Pauley, 511 F.3d 468 (4th Cir. 2007) ...................................................................................................42 United States v. Ranum, 353 F. Supp. 2d 984 (E.D. Wis. 2005).....................................................................................35 United States v. Renzi, 4:08-cr-00212-DCB-BPV (D. Ariz. Oct. 21, 2013).................................................................48 United States v. Ring, 811 F. Supp. 2d 359 (D.D.C. 2011) .........................................................................................34 United States v. Rioux, 97 F.3d 648 (2d Cir. 1996).......................................................................................................48 United States v. Rita, 551 U.S. 338 (2007) (Stevens, J., concurring) .........................................................................37 United States v. Sachakov, No. 11-cr-120-JBW, 2013 WL 101287 (E.D.N.Y. Jan. 8, 2013) ............................................42 United States v. Samaras, 390 F. Supp. 2d 805 (E.D. Wis. 2005).....................................................................................42 United States v. Serafini, 233 F.3d 758 (3d Cir. 2000).....................................................................................................38 United States v. Stewart, 590 F.3d 93 (2d Cir. 2009) (Calabresi, J., concurring) ......................................................30, 43 United States v. Tomko, 562 F.3d 558 (3d Cir. 2009).....................................................................................................39 United States v. Uddin, 551 F.3d 176 (2d Cir. 2009).....................................................................................................32 -iv-

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United States v. Vigil, 476 F. Supp. 2d 1231 (D.N.M. 2007), aff’d, 523 F.3d 1258 (10th Cir. 2008) ........................44 United States v. Wadena, 470 F.3d 735 (8th Cir. 2006) ...................................................................................................48 Statutes and Regulations 18 U.S.C. § 1343 ............................................................................................................................49 18 U.S.C. § 1346 ............................................................................................................................49 18 U.S.C. § 3553(a) .............................................................................................................. passim USSG §2C1.1(a) ............................................................................................................................31 USSG §2C1.1(b) ............................................................................................................................31 USSG §2S1.1(a).............................................................................................................................31 Other Authorities Cease Fire: The Assembly’s 15 Point Plan to Stop Gun Violence (May 1999), http://www.assembly.state.ny.us/Updates/Codes/199905.html ...............................................20 Court & Community: An Information Series About U.S. Probation & Pretrial Services: Community Service, Office of Probation and Pretrial Services, Administrative Office of the U.S. Court (2007), available at http://www.miep.uscourts.gov/PDFFiles/court .......................................................................54 Human Rights Watch, Old Behind Bars: The Aging Prison Population in the United States (Jan. 2012), available at http://www.hrw.org/sites/default/files/reports/usprisons0112webwcover_0.pdf ....................45 New York City Housing Authority, NYCHA Housing Developments (last visited Apr. 14, 2016), Http://www.nyc.gov/html/nycha/html/developments/mansmith.shtml ...................................20 News Release, Assembly Speaker Sheldon Silver, Assembly Budget Proposal Increases Community College Funding (Mar. 8, 2013) ..........................................................11 News Release, Assembly Speaker Sheldon Silver, Speaker Silver Statement on Senate Vote to Finally Provide Relief for Sandy Survivors (Jan. 28, 2013) .............................9 News Release, Assembly Speaker Sheldon Silver, Speaker Silver Urges House to Take Action on Sandy Relief Package (Jan. 2, 2013)................................................................9 -v-

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Press Release, Assembly Speaker Sheldon Silver, Assembly Passes Revised Women’s Health Bill (Apr. 8, 2002) ......................................................................................16 Press Release, Assembly Speaker Sheldon Silver, Silver Unveils World Trade Center Victim Assistance and Lower Manhattan Economic Recovery Package (Oct. 30, 2001) ...........................................................................................................................7 U.S. Dep’t of Justice, National Institute of Corrections, Addressing the Needs of Elderly, Chronically Ill, and Terminally Ill Inmates (Feb. 2004), available at http://static.nicic.gov/Library/018735.pdf ...............................................................................45 U.S. Sentencing Comm’n, Final Quarterly Data Report: Fiscal Year 2015 (Mar. 16, 2016), available at http://www.ussc.gov/research-andpublications/federal-sentencing-statistics/quarterly-sentencing-updates .................................52 U.S. Sentencing Comm’n, Measuring Recidivism: The Criminal History Computation of the Federal Sentencing Guidelines at 12 (May 2004), available at http://www.ussc.gov/Research_and_Statistics/Research_Publications/2004/20 0405_Recidivism_Criminal_History.pdf .................................................................................44 William K. Rashbaum, After Resigning, Tearful Senator Pleads Guilty to Accepting Bribes, N.Y. TIMES (Dec. 20, 2011)........................................................................50

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INTRODUCTION Sheldon Silver served the people of the State of New York for four decades. The letters from more than 100 people submitted in support of leniency show that that devotion transcended the Assembly chamber or the boundaries of his district. 1 The letter writers who have not – and will never – forget Mr. Silver’s acts, come from all walks of life.

They are neighbors,

constituents, colleagues, mentees, teachers, doctors, community organizers, religious leaders, family, and friends.

Each of them offers a glimpse into what amounts to a lifetime of

achievements and an example of what one man can accomplish in the service of others. To be clear, our purpose here is not to attempt to re-litigate the jury’s verdict and re-argue the Court’s rulings. We accept them for these purposes and acknowledge the seriousness of the charges. Rather, through this Submission, our purpose is to present a perspective of Mr. Silver not reflected in the factual recitations of the Presentence Investigation Report, the limited portrayal of his work at trial, and the media. We offer a richer perspective that we respectfully urge the Court to consider in fashioning a just sentence. While Mr. Silver did occupy a position of great power within State government, he remained connected to his community on a personal level. Reverend Dr. Marcos Rivera, Senior Pastor of the Primitive Christian Church in the Lower East Side, who has known Mr. Silver for decades, explains that while “[t]he State saw [Mr. Silver] as this huge political figure, we saw him as our concerned and effective friend.”

These letters are respectfully submitted for the Court’s consideration regarding Mr. Silver’s sentence. In accordance with Your Honor’s Individual Practices in Criminal Cases, all letters are attached as exhibits to this Submission and grouped as follows: a letter from Mr. Silver (Exhibit A); letters from Mr. Silver’s family (Exhibit B); letters from Mr. Silver’s supporters, ordered alphabetically by last name and redacted to omit the author’s residential address (if applicable) (Exhibit C); letters from Mr. Silver’s physicians (Exhibit D); and a letter from the Fortune Society (Exhibit E). Letters that were received in handwritten form are immediately followed by a typewritten transcription.

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Mr. Silver is a man who, even after his conviction, receives respect, praise, and gratitude from his former constituents and colleagues. As former Mayor David Dinkins describes him, “Mr. Silver has shown himself to be a person of integrity, committed to working in partnership on the side of New York City’s citizenry.” A constituent, Briendel R. Lehon, describes Mr. Silver as someone who “personifies a man of compassion, and commitment, to improving the quality of life of all those who have had the good fortune to cross his path.” And Stephen August, who worked closely with Mr. Silver in the Assembly (a government witness at trial), attests, “I believe Mr. Silver acted with integrity and exhibited a deep, consistent commitment to issues that he felt best served the public interest.” 2 Mr. Silver has cared about, and has fought for, all New Yorkers. “There can be no question that the less powerful, the low income areas and pockets of Lower Manhattan, and the mom and pop very small businesses of lower Manhattan received additional attention and benefit, which they deserved, only due to Speaker Silver’s intervention.” 3 It was not enough for Mr. Silver to draft and support legislation. He spent time with people throughout the State, working to understand their challenges and needs so he could put government to work for them. “At street fairs, meetings, and school events, he had a calm presence and was open and

Prior to his retirement in 2009, Mr. August worked for the New York State Assembly Ways & Means Committee, as Deputy Budget Director and Budget Director. Former Assemblywoman Ann-Margaret Carrozza, who worked closely with Mr. Silver during her 14 years in the Assembly, writes: “I have never seen him treat anyone in a less than honorable fashion. I have always found him to be fair, generous, humble and respectful of others.”

Alan J. Gerson, Former City Council Member. Mr. Silver “stood shoulder to shoulder with the CSEA and other union[s], and he saved thousands of families grave hardship that would have resulted had they lost their jobs.” Danny Donohue, President, CSEA Local 1000, AFSCME, AFL-CIO.

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accessible to his constituents.” 4 Notably, much of what Mr. Silver did, he did without press releases, photographers, fanfare, or pomp. 5 His focus was action, not accolades. While Mr. Silver’s many public and private good works do not excuse the conduct on which his conviction rests, they – along with his personal circumstances – deserve thoughtful consideration in reaching a result that is truly fair. The Court must “consider every convicted person as an individual[,] and every case as a unique study in the human failings that sometimes mitigate, sometimes magnify, the crime and the punishment.” Gall v. United States, 552 U.S. 38, 52 (2007) (quoting Koon v. United States, 518 U.S. 81, 113 (1996)). As set forth below, proper consideration of the sentencing factors under 18 U.S.C. § 3553 – the personal history and characteristics of Mr. Silver, the nature and circumstances of the offense, Mr. Silver’s age and medical conditions, and the substantial deterrent effect that has already been achieved – militates in favor of a below-Guidelines sentence. We submit this Memorandum to aid the Court in appropriately balancing these considerations and in understanding the man it now must sentence. BACKGROUND I.

EARLY LIFE AND CAREER Sheldon Silver, age 72, was raised in an orthodox Jewish home as the youngest of four

children. His father ran a hardware business in the neighborhood that his older brother Jerry, now 84, took over and ran for 20 years. Mr. Silver’s older sister Arlene is 73 and lives in London. His brother Joseph was an accomplished physician; he served as the chief of orthopedic

Emily Armstrong, constituent and filmmaker.

See Malcolm Hoenlein, CEO of the Conference of Presidents of Major American Jewish Organizations (noting that Mr. Silver “volunteered his assistance, participation and support for many important civil and hum rights” efforts “without seeking public recognition”).

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surgery at New York Methodist Hospital in Brooklyn. Joseph died at the age of 70 from prostate cancer, the same disease which led to their fatherâ&#x20AC;&#x2122;s death at the age of 80 and for which Mr. Silver is being treated now. Mr. Silver attended Rabbi Jacob Joseph Elementary and High Schools on the Lower East Side and graduated from Yeshiva University in 1965. 6

In 1962, Mr. Silver met Rosa

Mandelkern, a native of Poland who came with her family to the United States after the Second World War. The two married in 1967 while Mr. Silver was pursuing his law degree at Brooklyn Law School. Mrs. Silver was an elementary school teacher. Together, Mr. and Mrs. Silver went on to raise four children â&#x20AC;&#x201C; Edward, Janine, Michelle, and Esther. The Silvers raised their family in a co-op on the Lower East Side of Manhattan in the same complex where Mr. Silver grew up and still lives today. Mr. Silver graduated from Brooklyn Law School in 1968. He was admitted to the New York bar a year later. He spent the next three years in private practice and the ensuing five years as a law secretary for the Honorable Francis N. Pecora of the Civil Court of the City of New York. In 1974 he ran for a seat on the New York City Council, believing that his ties to his community and growing interest in local advocacy would make him a capable spokesman for New Yorkers. He lost by a narrow 95-vote margin. Undeterred, in 1976 he ran as a candidate to represent his local New York State Assembly district and won. Thus began a career in public service that spanned the next four decades.

Rabbi Jacob Joseph School has since relocated to Staten Island.

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II.

PUBLIC SERVICE Mr. Silver’s record in the Assembly is extraordinary. It covers 38 years and countless

achievements. It includes service on behalf of his Manhattan Assembly district and, later, the entire State of New York while he served as Speaker. The Honorable James A. Yates offers a glimpse into the scope of Mr. Silver’s legislative efforts. “I left the bench to work as Counsel to the Speaker because I wanted to work with him on an array of progressive legislative proposals he supported or sponsored; the many hundreds . . . ranging from criminal justice reform, provisions of meaningful health care, worker protection, domestic violence prevention, and more . . . I could list, without exaggeration, a thousand bills that were the object of our many discussions . . . .” 7 In describing Mr. Silver’s focus and approach, Justice Yates, the point person on many of his legislative initiatives, states: I can state unequivocally that the direction he gave me in my negotiations during those years was principled, thoughtful and reflective of the Assembly conference’s common desire to help to improve the lot of all New Yorkers. .... I am not writing to contest or re-litigate the issues of the trial, but I can only say that each and every one of the bills and legislative proposals upon which we worked together were uniformly aimed at betterment of the public weal, free of any other consideration. It would be impossible to compile a complete list of Mr. Silver’s legislative achievements and we do not attempt to do so.

But there are certain causes Mr. Silver fought for so

Hon. James A. Yates (ret.), former New York State Supreme Court Justice and Counsel to the Speaker from 2011 until Judge Yates’ retirement in 2015. Former Assemblywoman Ann-Margaret Carrozza: “I can attest to the passion and tenacity with which Shelly would advocate on behalf of our state's most vulnerable citizens. From Universal Pre-K to Marriage equality, Sheldon Silver has been a champion for those who needed help.”

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passionately and so tirelessly that they merit discussion to provide a better understanding of the man now before the Court. A.

Rebuilding Lower Manhattan 1.

The Attacks of September 11, 2001

Mr. Silver, like all New Yorkers – indeed, all Americans – was devastated by the attacks of September 11, 2001 (“9/11”). However, his responsibility in addressing the aftermath was unique. The World Trade Center, and what would come to be known as “ground zero,” were located in his Assembly district. It was his constituents whose homes were filled with asbestos dust, debris, and other airborne molecules threatening their health and safety.

It was his

constituents whose small businesses were closed due to the destruction. It was his constituents whose streets were closed and public transportation disrupted, and who lived for months amidst smoking rubble. Mr. Silver’s response to 9/11 was immediate and across-the-board. Not content merely to react through the pen, with legislation, he personally drove through lower Manhattan offering critical supplies to those in need: [Mr. Silver] rented a large van, turned it into a “traveling district office.” The staff provided any help needed and distributed water, cell phones, food, etc. to trapped residents throughout the district. Assemblyman Silver created a committee comprised of tenants, elected officials and representatives of all pertinent city agencies to develop a clean-up program to expeditiously remove asbestos and other toxic materials from living spaces so people could move back in to their homes. 8 Bob Townley, Founder and Executive Director of Manhattan Youth, recalls that Mr. Silver “immediately” took action “to help seniors get back to their homes and to get their medicine.”

Yvonne Morrow.

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Reverend Dr. Marcos Rivera also remembers Mr. Silver’s efforts to ensure that suffering families could obtain vital resources: The families of my congregation suffered greatly. Many lived within eyesight of the fallen towers and were witnesses of the horrendous loss, including the loss of family members. Mr. Silver was directly in contact with me and mobilized his office and other public resources to make sure that assistance was given expediently. I am certain that he was pulled from the many layers of government and the financial and business sector, but we never felt that he was unavailable. As the then-City Council member who represented the area for eight years following 9/11 explains: “I worked very closely with then Speaker Silver, during the first year following 9/11, almost on a daily basis. I witnessed his concern, compassion and commitment to all District 1 residents. It was unending and unselfish.” 9 Mr. Silver coordinated the work of more than a dozen agencies. That coordination resulted in clean homes and accessible streets for affected Manhattan residents. For example, as nineteen rent-stabilized tenants of 125 Cedar Street, the closest residential building to the World Trade Center, recount: State Assembly member and Speaker Sheldon Silver came to our aid immediately and powerfully, spearheading the effort of returning us to our homes. He was instrumental in paring back the plans so that our existing affordable housing, and that of our neighbors, was spared from the wrecking ball. He then concerned himself with the cleanup and steps to return us to our homes, a task for which no city, state or federal agency was taking responsibility. 10 Mr. Silver’s legislative accomplishments in addressing the aftermath of the 9/11 attacks are too many to list. By October 2001, Mr. Silver had already announced a $200 million victim assistance and economic recovery package that: provided financial assistance for families of

Alan J. Gerson.

Rent Stabilized Tenants of 125 Cedar Street.

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victims; established a memorial commission; and secured a Lower Manhattan Resurgence Authority to coordinate and finance efforts to rebuild lower Manhattan. 11 He also: •

Secured funding for proper air-monitoring equipment and ventilation systems in public schools;

•

Sponsored legislation requiring use of low-sulfur fuel in ground zero clean-up efforts;

•

Coordinated air testing in residential areas;

•

Increased the number of victims eligible for critical grants under the Lower Manhattan Development Corporation assistance plan;

•

Sponsored the September 11th Victims and Families Relief Act, signed into law on May 21, 2002, to allay concerns of victims and their families over delays in receiving coverage from their insurance carriers;

•

Instituted “tax-free days” to support small businesses in lower Manhattan;

•

Included in the 2002-2003 State budget more than $1 billion to revitalize the City’s schools and businesses;

•

Championed the Lower Manhattan “Marshall Plan”, signed into law in August 2005, to ensure City and State rebuilding efforts and promote further development; and

•

Sponsored the “Zadroga” bill, signed into law in August 2006, ensuring that death benefits would be available to those exposed to toxic substances in the aftermath of 9/11. And through nearly dozens of hearings, press releases, and public statements, Mr. Silver

has made sure New York’s citizens will never forget the 9/11 attacks or how we, as a community, must continue working together to overcome them. He convened public hearings to examine recovery and rebuilding efforts; supported programs to spur growth for the local economy; acknowledged the bravery of the medical staff and volunteers of NYU Downtown Hospital; and reminded us all of the conditions at ground zero and the unselfish men and women who responded – and suffered – on our behalf. 11

See Press Release, Assembly Speaker Sheldon Silver, Silver Unveils World Trade Center Victim Assistance and Lower Manhattan Economic Recovery Package (Oct. 30, 2001).

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The words in the letters submitted in support of Mr. Silver speak for themselves: “Shelly Silver was an unsung hero after September 11th.” 12 “Lower Manhattan would not have made it through 9/11 as well as we did without Shelly Silver.” 13 2.

Hurricane Sandy

Mr. Silver’s response to Hurricane Sandy, the natural disaster that struck New York and surrounding areas on October 29, 2012, has been just as profound. He immediately sponsored relief legislation and, when met with resistance in the Senate, pushed and prodded until a relief package was approved. 14 As with 9/11, Mr. Silver’s efforts to combat Hurricane Sandy went well beyond legislation. “In the aftermath of Hurricane Sandy, Mr. Silver personally delivered food supplies to Southbridge [Towers, an apartment building in Lower Manhattan] during the time before power was restored.” He cut through “bureaucratic red tape with Con Edison to facilitate the restoration of power to the development.” 15 He “came to visit [residents] and brought us food and water.” 16 He provided “resources quickly and expeditiously to [wherever] the need was,” and his “direct follow-up was exceptional and clearly demonstrated care and concern.” He played “an important role in getting our community, and all of Lower Manhattan, back to a sense of normalcy.” 17 And as one constituent and community board member recalls, he “was the first

Bob Townley, Founder & Executive Director, Manhattan Youth.

Alan J. Gerson.

See News Release, Assembly Speaker Sheldon Silver, Speaker Silver Urges House to Take Action on Sandy Relief Package (Jan. 2, 2013); News Release, Assembly Speaker Sheldon Silver, Speaker Silver Statement on Senate Vote to Finally Provide Relief for Sandy Survivors (Jan. 28, 2013).

Wallace Dimson.

Shiu Ling Ng Lam, constituent.

Rev. Dr. Marcos Rivera, Senior Pastor, Primitive Christian Church.

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to send food, water and electricity into his District to respond to the emergency need of Superstorm Sandy.” 18 And Mr. Silver’s aid has not been limited to New York City. As the Mayor of Lawrence, New York, a small town on Long Island devastated by Hurricane Sandy, explains: During Super Storm Sandy, Sheldon Silver sought to close the gap between State and Local government. He ensured that our residents received genuine, practical assistance ranging from lights to emergency equipment and services, always making certain that government’s resources reached the people government is created to serve. In doing so, he facilitated our Village’s survival and recovery. 19 Mr. Silver’s efforts in the wake of 9/11 and Hurricane Sandy eased much suffering and anxiety for New Yorkers facing unprecedented devastation and disruption of their lives. His actions are an example of public service at its finest. B.

Public Education

Nowhere was Mr. Silver’s commitment to public service more evident than in public education. From the outset, Mr. Silver has been “a tireless advocate for downtown public school families.” 20 He “had a special interest in serving . . . vulnerable senior and youth populations, and “fought for and won increased funding for schools throughout New York State.” 21 As Billy Easton, the Executive Director for the Alliance for Quality Education states, Mr. Silver has been the “one who we could count on to stand up for the educational needs of students.” 22 Mr. Silver has stood up for the educational needs of children of all ages. As Randi Weingarten, the President of the American Federation of Teachers, AFL-CIO and former

Robert J. Schneck, Jr., resident of Battery Park City and Community Board 1 member.

Martin Oliner, Mayor, Incorporated Village of Lawrence, NY.

Wendy Chapman, former PTA President, PS 150.

Yvonne Morrow, Mr. Silver’s Director of Constituent Services (1992-2003).

Billy Easton.

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President of the United Federation of Teachers recalls, Mr. Silver “proposed, fought for and essentially single-handedly created the first universal pre-K for all 4-year-olds in New York.” Mr. Silver “continued to fight for these pre-K programs with every new gubernatorial administration.” That program, known as “LADDER,” is the precursor to our State’s adoption of universal Pre-K education in 1997. 23 Mr. Silver’s contributions to education have gone further. He has “championed the Tuition Assistance Program that provides financial assistance . . . for students to obtain a higher education degree,” and helped launch a “statewide program to assist private colleges and universities” in obtaining critical funding for new construction projects. 24

Mr. Silver also

provided affordable higher education through enhanced funding for two-year community colleges, to provide a “path to a better life” for many New Yorkers. 25 He established and chaired the Overcrowding Task Force, “a monthly forum to address the need for new schools in Lower Manhattan neighborhoods that have been experiencing significant population growth since September 11.” The Overcrowding Task Force has brought together “parents, local elected officials and senior DOE representatives to build a case for new schools,” and “served to open three additional public schools with a fourth to be opened in the coming years.” 26 He has helped create over 2,000 seats, as well as “much needed temporary space to start schools while the new

Stephen August.

Ronald Canestrari, former Assemblyman and former Chair, Committee on Higher Education.

See News Release, Assembly Speaker Sheldon Silver, Assembly Budget Proposal Increases Community College Funding (Mar. 8, 2013).

Matt Schneider, resident of lower Manhattan.

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schools were built.” 27 When officials planned a school relocation that would have harmed the parents and children who attended the school, Mr. Silver’s efforts stood out: I will never forget Sheldon Silver at the last Overcrowding Task Force Meeting of the school year. With senior DOE staff members in attendance, Sheldon Silver proclaimed that downtown children should not be bused up to Chelsea. He made it clear that downtown overcrowding was the real problem. [DOE relented and] Sheldon Silver’s support and very public comments were invaluable in our fight. 28 This is hardly the only instance where Mr. Silver has sought to enhance the quality of, and access to, our City’s schools. He has been “highly effective in facilitating the construction of new schools in Lower Manhattan,” 29 and has worked tirelessly to ensure the City’s schools remained as uncrowded as possible. 30

He has provided support “for school infrastructure,

construction and reconstruction projects to ensure that school facilities were safe for children and educators alike.” 31 Mr. Silver’s commitment to education has included improving the lives of children with special needs. That has been demonstrated through not only broad policy initiatives but also through personal involvement with those facing challenges.

For example, when the legal

guardian of a special-needs teenager needed stability, it was Mr. Silver who provided it: I was getting nowhere and my cousin was getting worse psychologically and emotionally. . . . [Shelly Silver] and his staff got involved and managed to have my cousin transferred to the Lower East Side facility. Shelley Silver saved this young man’s life. 32

Professor Eric Greenleaf, member of the Overcrowding Task Force and Professor of Marketing, Stern School of Business, New York University.

Wendy Chapman.

Wallace Dimson, President, Board of Directors, Southbridge Towers, Inc.

Emily Armstrong.

Randi Weingarten.

Edie Goldman, neighbor and teacher (emphasis added).

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Others have described the very real, personal result of his efforts: •

“As a result of [Mr. Silver’s] compassion, I can safely state that, my daughter is residing in a community residence geared to care for and meet every physical and emotional need.” Briendel R. Lehon (former special education teacher);

•

“I see the care that [children with Down’s Syndrome] receive and the dignity with which they live [in newly established assisted-living center]. This was possible and happened under Shelly’s watch, caring and outreach. Simply, there are many, many parents who are grateful that their children have a chance to live as normally as possible, especially as they grow older, and that gratitude is due to Shelly.” Moshe H. Wieder;

•

“[Our son] is now 19 years old and I cannot begin to tell you the obstacles we had to overcome. Especially, trying to get him into proper schools. Every which way we turned the door was literally slammed in our face. . . .[Mr. Silver] listened to our predicament and saw our desperation. He displayed kindness, concern and compassion, and heled us overcome our situation.” Dovid & Chevy Libman; Bernard W. Silverstein;

•

“On many occasions, Shelly accompanied me in visiting programs that serve our special children. I can attest from experience that people who visit these programs will look, but not always really see these children; they will listen, but perhaps not truly hear their voices and their needs. Shelly Silver genuinely saw, heard and acted on their behalf. I have seen the amazing results of his deep capacity for empathy and kindness and I respectfully ask that you take these actions and qualities into account as you undertake the task of determining his sentence.” Harvey Weisenberg (former Assemblyman and father of child with multiple disabilities).

He has done these things with no personal agenda or ulterior motive. As one grandparent remembers, “When I went over to thank him, he simply said, somewhat proudly I believe, ‘that’s what we’re here for.’” 33 Mr. Silver’s contributions to the lives of our State’s children are innumerable and farreaching. While they could not be fully recounted here, perhaps Randi Weingarten, the President of the American Federation of Teachers, summarizes it best: I cannot say that Shelly Silver and I agreed on every issue. However, I always knew that his ultimate goal was the same as mine. He was a tireless advocate for public education and worked continually to ensure that parents and students had

Pamela and Nussin Fogel, friends.

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the resources they needed so all children could have access to a high-quality education. C.

Senior Citizens

Mr. Silver has also strived to improve the lives of New York City’s rapidly growing population of senior citizens living without family support.

He spearheaded legislation to

develop and established services for “Naturally Occurring Retirement Communities” (“NORC”). He helped found a NORC agency that offers no-cost nursing, social work, and group services to seniors. With Mr. Silver’s help, the agency allows the aged to “remain in their own homes, maintain their independence, and have needed services provided in their homes rather than force them to leave the community so dear to them and be transplanted to a nursing home, a likely alternative.” 34 Mr. Silver’s support for the aged has taken on many forms. He supported a new State law ensuring that the City’s “SCRIE” program – “Senior Citizen Rent Increase Exemption” – remained in place. The positive effect of this legislation on the lives of seniors in need has been drastic. As Jian Fu Li and Pie Qiong Li explain: Because of SCRIE, our quality of life has improved and we are appreciative of the former Assembly Speaker’s initiative in passing this law. As you can imagine thousands and thousands of fellow New Yorkers who are elderly and low income are benefactors of Mr. Silver’s leadership in passing laws that alleviate our ever increasing shelter costs and health maintenance costs. 35 Concerned that seniors not become discouraged over their financial plight, Mr. Silver has worked to ensure that senior centers could adequately meet the needs of local seniors. Today, for

Rita M. Siff, Coordinator of Group Services and Volunteers, Co-op Village NORC; see also Wallace Dimson, President of the Board of Directors of Southbridge Towers, Inc.; Donald H. West, President of Seventh Precinct Community Council and former Board member of Seward Park Cooperative, who explains that with Mr. Silver’s help, “our NORC soon became the template for the rest of the nation.”

Jian Fu Li and Pie Qiong Li, residents of the Lower East Side of Manhattan.

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example, the Open Door Senior Citizens Center offers a variety of critical services to more than 800 members. At one point, when the center was housed in a basement space, without access to daylight or fresh air, it was Mr. Silver who stepped in. “Because of his help,” the center’s director explains, “our seniors can enjoy their time in a comfortable space which has enough room for educational and recreational activities.” 36 And Mr. Silver did not just ensure the centers worked – he made certain that seniors who wanted to work to give back to their community, could. “Through networking with his office, I was able to place my well-trained program participants in various home agencies in spite of their age, immigration status and ethnic[] background. Many of them had become contributing members of our society as they achieved economic self-sufficiency, thanks to ex Assemblyman Silver . . . .” 37 Mr. Silver, and the “legislative body which he led, were the sole defense against the most severe budget cuts to essential social programs which benefit the poor and the elderly across the state of New York.” 38

For nearly four decades, “seniors always felt they could count on

Shelly.” 39 D.

Healthcare

Ensuring New Yorkers’ access to quality health care has been imperative to Mr. Silver. When Maimonides Medical Center (Brooklyn, NY) contacted Mr. Silver to explain that Brooklyn had no dedicated cancer center for its roughly 2.5 million citizens, Mr. Silver “made the cause of these patients his own.” As explained by Moshe Wieder, a Trustee for Maimonides

Po Ling Ng, Director of the CPC Open Door Senior Citizens Center.

Man Nam Ma, Open Door Senior Center Social Worker.

Judith H. Hope, first woman Chair of the New York State Democratic Party.

Rita M. Siff.

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Medical Center, “I believe that he made the Cancer Center happen, and today it is a Brooklyn world-class resource for so many in need of help in their battle against this dreaded disease.” 40 Mr. Silver has fought to improve women’s health.

The cornerstone of his 2001

legislative agenda was the “Women’s Health and Wellness Act,” a comprehensive set of laws that encouraged early detection and prevention of medical conditions such as breast cancer, cervical cancer, and osteoporosis. As a result of Mr. Silver’s efforts, as of January 1, 2003, women enjoy significantly improved access to and coverage for mammograms and other cancerpreventative testing, while insurance companies can no longer limit women’s access to preventative gynecological care. 41 Mr. Silver also fought to assure coverage for affordable fertility treatments for women wishing to experience the joy of parenthood but who were facing difficulties with natural conception. Through his efforts, we now have legislation mandating covering of fertility treatments. 42 Mr. Silver has also supported the Chevra Hatzalah Volunteer Ambulance Corps, the United States’ largest all-volunteer ambulance service – providing emergency medical transportation at no cost. “Without Mr. Silver’s support of Hatzalah, it is possible that the emergencies we suffered would have had tragic outcomes. Indeed, I know that there are about a dozen regional branches of Hatzalah that have benefitted from Mr. Silver’s support, resulting in countless saved lives.” 43

Mr. Wieder is also founder of a post-secondary vocational institution and former board member of Ohel Children’s Home and Family Services.

See Press Release, Assembly Speaker Sheldon Silver, Assembly Passes Revised Women’s Health Bill (Apr. 8, 2002).

Moshe H. Wieder; see also Marcel Weisman, neighbor (“He took special interest in the plight of infertile couples desperately trying to have children.”).

Marcel Weisman, neighbor.

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Of Mr. Silver’s many contributions to New York’s health care, perhaps none is more significant than the Gouverneur Health Medical Center, the largest provider of health care on the Lower East Side. It serves more than 50,000 patients every year, many of whom are uninsured or underinsured. Those services are essential: “[The] Lower East Side is an area in which TB, Hepatitis and other infectious disease can spread if sick people are not taken care of. These diseases are still rampant in the Lower East Side.” 44 Mr. Silver assembled a coalition of governmental agencies to secure financing for a major modernization of Gouverneur, which had previously been considered by patients as “a provider of last resort.” 45 The results speak for themselves: “Today, Gouverneur is recognized as a leader in its field and operates a five-star state-of-the art facility, offering high quality comprehensive services to patients on the Lower East Side and beyond[,] regardless of their ability to pay.” 46 “His funding to organizations such as Gouverneur Health and others has helped many, especially low-income people.” 47 And as with so many other issues, Mr. Silver has not been content to merely legislate from afar. He encouraged Gouverneur “to co-sponsor health fairs, . . . to promote awareness of good health practices, and to educate the public about early access to preventative care that would have an immense benefit for community residents.” Mr. Silver personally appeared at the health fairs “to show the importance” of flu immunizations, which he received “proudly and publically” to “encourage others to do so as well.” 48

Herbert L. Kee, M.D., family practitioner who served at Gouverneur.

Mendel Hagler, former Executive Director of Gouverneur.

Mendel Hagler.

Fei Chen, employee of Gouverneur.

Mendel Hagler.

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Issues Particularly Affecting Women

As M. Tracey Brooks, a leading women’s health advocate states, Mr. Silver has been “an outstandingly tireless champion and advocate for the women of New York. Whether it was health care, educational opportunities, safety and integrity of women, economic opportunities to level the playing field, housing, the ability to borrow money without added barriers, and the list goes on, the body of policy that Mr. Silver made a reality in his tenure is unprecedented.” 49 Mr. Silver has vigorously pursued legislation on a range of important issues relating to women’s equality. He championed the Women’s Equality Act “aimed to prevent discrimination in employment and housing, while assuring adequate access to meaningful health care.” 50 He sponsored legislation requiring all divorcing spouses, as a condition to a divorce, to agree to “remove any barriers to remarriage.” 51 The necessity of this legislation, known as the “get law,” is unfortunate: It has long been the case that certain men of the Jewish faith refuse to give their wives a “get” – a religious divorce – at the time they civilly divorce. In Orthodox Judaism, only the husband can provide a get. The sad result is that many women are held hostage in marriages they cannot terminate and with no means to remarry. For these women, the law Mr. Silver sponsored is a life-saver: [These women] are literally held ransom for exorbitant sums or at the husband’s malicious whim, as they cannot get remarried in terms of Jewish religious law and are thus ‘chained’ to these husbands. Shelly Silver set out to do something about it . . . [The “get law”] has brought relief to so many of these unfortunate ladies. 52

M. Tracey Brooks, former President and CEO of one of the largest women’s reproductive health care advocacy organizations in New York.

Hon. James A. Yates (ret.).

See N.Y. Dom. Rel. Law § 253.

Moshe H. Wieder; Dennis Rapps, Executive Director of the National Jewish Commission on Law and Public Affairs.

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Achieving this legislation was no small feat. It was highly controversial, requiring Mr. Silver to challenge key members of his own Orthodox Jewish community. 53 “Shelley, over the course of a number of years, was able to navigate among the leaders of these organizations to get them all on board supporting a bill that he proposed.” 54 Its positive effect on women cannot be disputed. This was not the only time Mr. Silver did what he believed was right notwithstanding his religious teachings. “I have seen him champion so many groups and individuals where he did not and could not expect any thanks. In fact, he has taken up causes, such as gay rights, that are inimical to his own religious Orthodox community, and he suffered much criticism and humiliation as a result.

All this notwithstanding, he persevered and helped ensure their

protection under the law.” 55 F.

Tenant Advocacy

Mr. Silver has been a devoted advocate for tenants. He has worked doggedly to maintain access to public and affordable housing. For example, Gateway Plaza is the largest residential complex in Lower Manhattan and home to 4,000 tenants. When its landlord sought to raise rents, Mr. Silver “single-handedly led negotiations with the Battery Park City Authority and the owners of Gateway to achieve the renewal of our stabilization agreements.” It was “Mr. Silver’s herculean efforts [that] resulted in keeping [Gateway Plaza] one of the few remaining pockets of affordability in Battery Park City.” 56 Mr. Silver also helped renegotiate the ground rent between the Battery Park City Authority and local condominium owners; it was his “involvement [that]

Moshe H. Wieder.

Jerald Berger, friend and former constituent.

Moshe H. Wieder.

Glenn Plaskin, President of the Gateway Plaza Tenants Association.

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helped correct a serious injustice which would have made Battery Park City unaffordable to the middle class.” 57 Another example of his support of tenants is his advocacy for the “Loft Law,” enacted in 1982 to assist tenants living in lofts in former non-residential buildings. “Because the Loft Law was originally adopted with a sunset date, it became a bargaining chip for many years in the period from 1992 to 2010 when it was finally made permanent.” Even though Mr. Silver’s Assembly district contained a relatively small number of loft tenants, Mr. Silver continuously fought for renewal of the Loft Law because it “was the right thing to do.” 58 At one point, in the face of mounting pressure from the Republican-controlled Senate, Mr. Silver “actually held up the State’s budget to make sure tenant protections stayed in place.” 59 G.

Public Safety

Mr. Silver has maintained unwavering dedication to public safety and criminal justice. Former Mayor David Dinkins recalls Mr. Silver’s commitment to the “Safe Streets, Safe Cities: Cops & Kids” criminal justice-education program. The program was the result of legislation sponsored by Mr. Silver; once in place, it dramatically reduced crime in New York City. Meanwhile, a resident remembers that when the “Smith Houses had fatal shootings, [Mr. Silver]

Patrick M. Smith, journalist, public affairs officer, and public relations practitioner.

Chuck DeLaney, founder of Lower Manhattan Loft Tenants. Frederick J. Jacobs also recalls a series of 24-hour extender laws “so that the law would remain in effect while negotiations” continued for a law Mr. Silver “championed.”

Don Lebowitz. Prior to retiring from public service, Mr. Lebowitz was associate counsel to the Assembly, counsel to the Assembly Housing Committee from 1981 until 2008, and a consultant to Mr. Silver’s office from 2008 through 2014 where he advised on housing matters.

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set up a gun-buy day for the Lower East Side to get guns off the street and out of our youths[’] hands.” 60 Mr. Silver has fought against gun violence on a larger scale. He collaborated with U.S. Representative Jerrold Nadler on “Ari’s Law,” which prevented the purchase of mail-order gun kits by unlicensed gun buyers. Striving to close the “gun show loophole,” Mr. Silver supported legislation that, once signed by Governor George Pataki, requires background checks for the weapons sales at gun shows. 61 Mr. Silver “authored and worked to achieve enactment of key criminal justice initiatives, including [a] . . . ‘hate-crime’ law for crimes motivated by racial or sexual bias, a procedural initiative to authorize law enforcement to use ‘pen registers’ under court order for criminal investigations, as well as significant changes to provisions related to controlled substances and civil forfeiture.” Mr. Silver worked closely with Governor Mario Cuomo to “create a statewide DNA database” to aid law enforcement in prosecuting criminals. 62 And understanding the relationship between crimes and drug abuse, Mr. Silver “conducted statewide hearings on conditions in New York state prisons, and began a career-long effort to ensure appropriate mental health care and substance abuse treatment for both pre-trial detainees and inmates who were in dire need of such services.” 63

Aixa O. Torres, Resident Association President of the Alfred E. Smith Houses. The Smith Houses are a New York City Housing Association Development that was completed in 1953 and has 12 buildings, 1,931 apartments, and approximately 4,300 residents. See New York City Housing Authority, NYCHA Housing Developments (last visited Apr. 14, 2016), http://www.nyc.gov/html/nycha/html/developments/mansmith.shtml.

See Cease Fire: The Assembly’s 15 Point Plan http://www.assembly.state.ny.us/Updates/Codes/199905.html.

Frederick J. Jacobs. Mr. Jacobs was legislative counsel for the Codes Committee and Ways and Means when Mr. Silver chaired those committees. When Mr. Silver was elected Speaker in 1994, Mr. Jacobs became chief counsel.

Frederick J. Jacobs.

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Stop

Gun

Violence

(May

1999),

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Community Support

Mr. Silver’s work has encompassed more than the large-scale legislative initiatives. He routinely performed simple acts of kindness and support for constituents, friends, even strangers: “I do not remember a single instance when Mr. Silver did not respond to the need of an individual, institution or cause.” 64 One example of this is mentoring – something Mr. Silver has done himself as well as supported through a formal Assembly program. A 23-year-old who was picked on during his adolescence due to speech difficulties describes Mr. Silver’s mentorship and encouragement this way: Sheldon Silver taught me to always challenge myself and gave me valuable advice for the future. To me, he is a mentor who has always encouraged me to work hard no matter how simple or difficult the task and to strive for the best. I am aware that Sheldon Silver has been convicted of serious offenses but please consider how important his presence has been to the youth members of the lower east side community. He was always willing to listen and to provide kind words of advice, which have guided me throughout my life. I am grateful for his compassion to care for others. 65 Mr. Silver encouraged people of all ages to become involved in public service. By hiring student interns to work in his Assembly office, he gave them “unique exposure to Mr. Silver and his staff and Assembly colleagues.” 66 Mr. Silver’s “staff would call on [a student’s] behalf, with invitations” to host children and youth for day-long visits to the Capital. 67 When a particular

Malcolm Hoenlein.

Kenneth Ngai, assistant manager of miniature golf.

Matthew Weilgus, now an attorney.

Rev. Dr. Marcos Rivera.

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student needed help completing a school application, Mr. Silver helped “in a very unassuming way. It was a selfless favor to a friend.” 68 Mr. Silver instituted a formal mentoring program that opened the Assembly’s doors to hundreds of college students each year. The bipartisan program placed two college students in the offices of all of the 150 members of the Assembly, for which the students received minimum wage and school credit. The students worked with their assigned Member while the Assembly was in session. At the end of the Assembly term, the students gained access to the Assembly Chamber and “became” their Member in a mock Assembly session in which they debated, negotiated, and “passed” a mock Assembly bill. Mr. Silver personally met with and addressed the students at the mock Assembly session, after which his own mentee would then take over as “Speaker” and lead the session. 69 Mr. Silver has been a catalyst for community involvement in governmental and the political process. As a group of constituents states: It would not be an exaggeration to say that Mr. Silver, personally and through his staff, encouraged our community involvement and, by his example, showed how thoughtful engagement in public processes can improve a community’s life. . . . [We] have been inspired by his example of how an elected politician can have a positive effect on his constituents’ lives. 70 In providing that mentorship, Mr. Silver continually has stressed the need to keep a proper perspective and not allow the acrimony that is part of politics to become consuming. As Chung C. Seto, the former Executive Director of the New York State Democratic Committee, recalls:

Tzipora Perlow, physical therapist.

Judy Rapfogel, Mr. Silver’s Chief of Staff (Dkt. 235).

Rent Stabilized Tenants of 125 Cedar Street.

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Shelly often provided much needed guidance and mentored me during some rough political fights. When I would see Shelly at various political and community events, the first question is always about my parents and how they are doing . . . . I am most impressed with Shelly’s kindness towards my parents and I’ve witnessed this interchange with many others in the community. 71 There also have been many seemingly small acts that made a real difference to individuals. Mr. Silver’s “commitment to his community and constituents was well known.” 72 That commitment took many forms, as a former Assembly colleague describes: From helping to ensure my local firefighters and classroom teachers have the tools they need to do their jobs, to helping me establish a summer respite camp on Long Island for children with cancer, and three residences for medically fragile children that no one else in New York could treat, Shelly never turned his back on people in need. 73 The list goes on. Mr. Silver: •

Stepped in when insurance refused to pay a $150,000 medical bill for a graduate student with limited financial means; 74

•

Secured the availability of death benefits to a family in need; 75

•

Provided mobile hearing-test units to his constituents; 76

•

Mobilized a search party when six 14-year olds were lost overnight in Bear Mountain State Park; 77

•

Helped the family of a quadriplegic get weekend assistance when their in-home care was suddenly and unexpectedly discontinued; 78

Chung C. Seto, former Executive Director of the New York State Democratic Committee, former Director of Communications for Hillary Clinton’s Senate campaign.

Edie Goldman.

Harvey Wiesenberg, former Assemblyman.

Rabbi Menachem Genack, Congregation Shomrei Emunah.

Chaim Rand, Jacob Rand, Tamar Rand.

Paul Hovitz, retired special education teacher.

Joseph Geliebter, friend. Mr. Geliebter recalls that when his daughter and her friends were lost, “I did not hesitate to call Shelly in the middle of the night to mobilize a search party. He immediately got involved and made things happen.”

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•

Visited people in the hospital; 79 and

•

Kept teenagers off the street, counseled struggling families, and went out of his way to make sure every person knew that they, individually, could make a difference. 80 Mrs. Esther Langer, now 75 years old, describes Mr. Silver’s office as the “helpline”—

the “go to” place – whenever the community was in need. “[B]efore the 311 number,” she recalls, “Assemblyman Silver’s constituents would call his office for help with all kinds of problems, and his staff was always very knowledgeable, helpful and polite.” 81 Wallace Dimson, President of Southbridge Towers, details the myriad concerns Mr. Silver resolved at that property alone: Mr. Silver has always been responsive to everyday issues such as rat control and dangerous street conditions. As a result of his efforts, new traffic lights were installed . . . to better protect pedestrians. . . . Most importantly, he was extremely helpful in insuring the police department was responsive when security concerns emerged. 82 Mr. Silver has worked to ensure his community was a “true” neighborhood. “Our entire community benefitted tremendously from Shelley’s helpfulness and generosity creating programs to benefit children and adults alike.” 83 When a family friend needed help with her family’s litigation, she turned to Mr. Silver. “From the very beginning, he listened to our

Miriam Katz, constituent.

Morris Tuchman, former president of The Hamptons Synagogue. Mr. Tuchman also recalls an instance when Mr. Silver looked in on Mr. Tuchman’s wife at Beekman Downtown Hospital: “You could tell that Mr. Silver was revered at the institution and had done much for its funding and survival.”

Rabbi Mayer Friedman, community activist.

Esther Langer; Former Council Member Alan J. Gerson (“On an individual level, I observed countless individuals approach Shelly Silver during meetings and district inspections we attended and undertook together. Speaker Silver took his time and demonstrated sincere concern and compassion for each individual. I never heard one complaint that his office did not follow up.”)

Wallace Dimson.

Edie Goldman; Susan Yomtov, family friend (“He worked tirelessly for so many years improving the lives of people by providing for the elderly, helping the disadvantaged, and building strong communities where families can grow and feel proud.”).

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situation and eased our minds and fears. . . . [H]e felt an immense need to help. He believed in our case very strongly, and was even kind enough to take it on pro bono. Most importantly, the respect and concern he gave my 95 year old grandmother will forever be appreciated.” 84 Mr. Silver has worked to keep daycare and after-school programs freely available. One daycare center official “remember[s] distinctly” his efforts to protect “afterschool and daycare programs for low income families.”

“Without his support, the programs may have been

discontinued and the children would be without any educational and recreational help.” 85 Mr. Silver has also been a tireless advocate for settlement houses, which provide social services and youth development programs for more than 500,000 people each year. He worked with the Henry Street Settlement to secure funding for renovations, programs, and its youth gym and arts center. Mr. Silver has long been “a champion of the community work of all of the Settlement Houses on the Lower East Side.” 86 A representative of another settlement admits, “I don’t think there is any question that the one senior leader we could rely on to represent most of our collective interest was Sheldon Silver.” 87 Mr. Silver’s efforts to improve his community have been as diverse as the community itself. As Malcolm Hoenlein, CEO of the Conference of Presidents of Major American Jewish Organizations, describes: In the four decades of our association, Mr. Silver volunteered his assistance, participation and support for many important civil and human rights, for advancing intergroup relations, and aiding charitable and communal undertakings. He did so without seeking public recognition. . . . His involvement was selfless,

Susan Yomtov.

Pauline Chen, Retired Director of Confucius Plaza Daycare Center.

Daniel Kronenfeld, former Executive Director of the Henry Street Settlement.

Michael Zisser, Chief Executive Officer, University Settlement.

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and he showed up in the rain and snow, and helped enlist others to these and other important causes. 88 III.

LEGACY OF SERVICE This Submission hardly does justice to Mr. Silver’s legacy of public service. Mr. Silver

was a Member of the New York State Assembly from 1977 to 2015. In all, Mr. Silver’s constituents re-elected him 19 times. Mr. Silver rose to the position of Speaker in 1994. He held that position until January 2015. In all, Mr. Silver’s peers in the Assembly re-elected him as their leader 11 times over two decades. Perhaps the Honorable Susan Alter, formerly of the New York City Council, sums it up best: Shelly was the longest serving Speaker of the Assembly. Clearly[,] not only did his constituents . . . adore him, but they continuously re-elected a man of great compassion for his constituency and for the state at large as well as one who received tremendous respect from his colleagues in the Assembly. 89 He championed innumerable causes, implicating thousands of issues, on behalf of millions of people, over multiple decades. He personally sponsored more than 1,100 Assembly bills, 577 of which passed the Assembly and 286 of which were signed into law. Mr. Silver also spearheaded the public’s access to them through the Assembly Legislative Information System. IV.

MR. SILVER’S FAMILY AND FAITH Today, Mr. Silver and his wife of 49 years live in the same co-op on the Lower East Side

of Manhattan where Mr. Silver grew up. Their apartment, a two-bedroom, was later expanded so their four children no longer had to share one room. 90

Malcolm Hoenlein.

Hon. Susan Alter.

Rosa Silver; Edward Silver.

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The Silvers’ eldest son, Edward, is a certified public accountant living in Cedarhurst, New York.

Their daughter, Janine, also lives in Cedarhurst.

Brooklyn and is also a certified public accountant.

Daughter Michelle lives in

Their youngest daughter, Esther, is a

parochial school teacher living in Cleveland. As of the date of this Submission, the Silvers stand blessed with 21 grandchildren and three great-grandchildren to whom he remains close. As his long-time neighbor put it, Mr. Silver “is a family man who relishes his relationships with his grandchildren and children.” 91 Mr. Silver’s devotion to his faith has been equally enduring. Beginning in childhood, Mr. Silver “was raised in a religious Jewish environment where the values of honesty and integrity were highly regarded.” 92 Rabbi Yeshaya D. Siff, who has known Mr. Silver “since he was a teenager” and has served as the Silvers’ family rabbi for “more than fifty years,” speaks of Mr. Silver’s constant “participati[on] in community occasions and religious events.” Mr. Silver has also served as associate vice-president of the Young Israel Synagogue of Manhattan, and according to a friend of 25 years, 93 has been “an active member” of a community synagogue in upstate Woodlake Village, New York. 94 V.

MR. SILVER’S HEALTH Mr. Silver was recently diagnosed with prostate cancer. 95 On April 30, 2015, shortly

after the Government instituted this case, Mr. Silver underwent a biopsy that confirmed the

Joseph Geliebter.

Rabbi Aharon Ziegler.

Pamela and Nussian Fogel.

Marcel Weisman.

Dr. Michael J. Zelefsky (Ex. D), Professor of Radiation Oncology, Memorial Sloan Kettering Cancer Center.

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disease. Throughout 2015, Mr. Silver underwent a series of radiation treatments, including a stereotactic high-dose radiation treatment. While Mr. Silver’s prostate cancer is currently in remission, he faces severe potential side effects of his cancer treatment, including bladder and other internal organ damage. Because “there is definitely a recognized risk of the cancer returning,” Mr. Silver “needs to be monitored closely” for the next five years. 96 Mr. Silver’s father Nathan died of complications from prostate cancer at the age of 80. Mr. Silver’s brother Joseph died of prostate cancer at the age of 70. VI.

THE NOW UNSEALED MATERIAL We anticipate that the Government, in its Sentencing Memorandum, will address the

allegations contained in its Motion In Limine Concerning Certain Character Evidence, originally filed under seal on October 12, 2015 and unsealed on April 14, 2016. Lest there be any question about it, the Government’s purpose in having filed that motion was tactical, designed to limit the defense by its request to use the unproven, scandalous allegations to cross-examine Mr. Silver or other witnesses attesting to his character.

The

Government well knew that simply asking questions about these allegations would have been devastating to the defendant before a jury. Make no mistake, the Government has not proven them – and certainly has not proven that there was any quid pro quo regarding them – despite its extraordinary investigation of every aspect of Mr. Silver’s life. The horse is now out of the barn. Despite efforts to limit the public information about this issue, however, the punishment in the court of public opinion has simply been devastating – not only for Mr. Silver and the individuals involved, but also for the totally innocent members of 96

Dr. Michael J. Zelefsky (Ex. D), Professor of Radiation Oncology, Memorial Sloan Kettering Cancer Center.

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Mr. Silver’s family. We all recognize the extremely low threshold of proof and substance required for the Court to be able to consider unproven allegations in the sentencing calculus. In truth, virtually no one can withstand the excruciating light that public officials can face when the government chooses to focus its spotlight at them.

That said, the many letters

submitted on Mr. Silver’s behalf and discussed in this Submission demonstrate his good conduct, his good character, and the acts he has taken to benefit his constituents and the people of the State – facts that stand on their own merit, unrelated in any way to the unproven conduct the Government described in its in limine motion. Whatever the Government has chosen to make public should not detract from that side of Mr. Silver’s life and career. LEGAL ANALYSIS I.

THE STANDARD The United States Sentencing Guidelines (“Guidelines”) are the “starting point” for a

sentencing determination. Gall v. United States, 552 U.S. 38, 49 (2007). But “[t]he Guidelines are not only not mandatory on sentencing courts; they are also not to be presumed reasonable.” Nelson v. United States, 555 U.S. 350, 352 (2009) (emphasis in original). As a result, the circumstances need not be “extraordinary” to justify a non-Guideline sentence. See United States v. Cavera, 550 F.3d 180, 189 (2d Cir. 2008). Accordingly, district courts have “wide discretion to impose a non-Guidelines sentence.” United States v. Stewart, 590 F.3d 93, 182 n.17 (2d Cir. 2009) (Calabresi, J., concurring). Pursuant to 18 U.S.C. § 3553(a), the Court must consider, among other things, “the seriousness of the offense” and the need “to promote respect for the law, . . . to provide just punishment for the offense[,] . . . to afford adequate deterrence to criminal conduct[, and] . . . to protect the public from further crimes of the defendant.” Id. The Court also must consider “the -30-

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nature and circumstances of the offense,” as well as “the history and characteristics of the defendant,” “the need to avoid unwarranted sentence disparities,” and “the kinds of sentences available.” Id. The Court’s ultimate responsibility is to determine what sentence is “sufficient, but not greater than necessary,” 18 U.S.C. § 3553(a), to provide “the proper degree of punishment for an individual offender and a particular crime.” Cavera, 550 F.3d at 188-89. An appropriate sentence should reflect the unique circumstances and characteristics of the individual, rather than the simplified version of the person’s culpability supposedly reflected by numbers, grids, and brackets in a manual. II.

THE ADVISORY GUIDELINES RANGE The Probation Office has calculated Mr. Silver’s Total Offense Level as follows: Base Offense Level

USSG §2S1.1(a)(1)(A) USSG §2C1.1(a)(1)

Offense Involved More than One Bribe

USSG §2C1.1(b)(1)

Value of the Payments Obtained Were +18 More than $3.5 Million but less than $9.5 Million

USSG §2C1.1(b)(2); USSG §2B1.1(b)(1)(J)

Offense Involved an Elected Public +4 Official in a High-Level Decision-Making Position

USSG §2C1.1(b)(3)

Conviction for Money Laundering

USSG §2S1.1(b)(2)(A)

Total Offense Level

Mr. Silver has no prior criminal history of any kind, placing him in Criminal History Category I. (PSR ¶¶ 63-64.) 97 The Advisory Guidelines range under this calculation is 262 to 97

All references to the Presentence Investigation Report (“PSR”) are to the final PSR filed by the Probation Office on March 25, 2016. See Dkt. 227.

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327 months’ imprisonment. (PSR ¶ 115.) The Probation Office, without full consideration of Mr. Silver’s many good works and the letters submitted by supporters, recommends a sentence of 120 months. (PSR at 33-35.) We do not take issue with the mathematical calculations set forth in the PSR, with one material exception.

The PSR claims that Mr. Silver unlawfully “obtained more than $3.5

million, but less than $9.5 million,” correlating to an 18-level enhancement under §2B1.1(b)(J) as that Guideline (the “loss table”) is incorporated by §2C1.1(b)(2). (PSR ¶ 51.) This Court should not apply that enhancement. It is unwarranted under the facts and unnecessary to achieve the legitimate goals of sentencing. Guideline §2C1.1(b)(2) states: If the value of the payment, the benefit received or to be received in return for the payment, the value of anything obtained or to be obtained by a public official or others acting with a public official, or the loss to the government from the offense, whichever is greatest, exceeded $6,500, increase by the number of levels from the table in § 2B1.1 corresponding to that amount. Id. While the Court is advised to take the “greatest” of these measures, it may not simply accept the Government’s figure at face value. In seeking a loss enhancement, “the Government bears the burden to prove both the existence and amount of the loss attributable to the offenses of conviction.” United States v. Cuti, No. 08-cr-972-DAB, 2011 WL 3585988, at *4 (S.D.N.Y. July 29, 2011) (Batts, J.). The Court must “make a reasonable estimate” of the victim’s loss (or the defendant’s gain), United States v. Uddin, 551 F.3d 176, 180 (2d Cir. 2009), and may not accept a calculation based on “pure speculation,” United States v. Deutsch, 987 F.2d 878, 886 (2d Cir. 1993). Such is the case here. The 18-level enhancement calculated under the loss table hinges on two assumptions: (a) that every dollar of the $3,057,901.07 paid by Weitz & Luxenberg to -32-

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Mr. Silver for asbestos referrals must have directly resulted from Dr. Taub’s recommendation, see PSR ¶ 27 (alleging that “Weitz & Luxenberg paid SILVER approximately $3,057,901.07 in referral fees for cases referred to him by [Dr. Taub]”); and (b) that every penny of Mr. Silver’s $1,439,297.59 in investment income constitutes “illegal proceeds,” id. ¶ 41, resulting in a total figure of approximately $5.1 million, id. ¶ 42. Neither assumption withstands scrutiny. The Government’s lump sum derives from a summary spreadsheet one of its witnesses prepared for trial and which contains no reference to Dr. Taub. See GX 441 (list of 48 asbestos patients). However, without seeking to re-litigate the jury’s findings of guilt, aside from a select few, the Government introduced no evidence establishing that Dr. Taub actually referred those patients to Mr. Silver. For the handful of patients it did, the evidence consisted of select packets of “intake forms and supporting documents” Mr. Klein assembled post hoc and that do not affirmatively link Dr. Taub to Mr. Silver and then to Weitz & Luxenberg. See GX 442-2, -3, -4, -5, -6, -7, -8, -14, -25, -26, -27, 28. Indeed, these and medical records from the Mesothelioma Center prove only that Dr. Taub may have treated the patient at one point. See Tr. at 1115:3-1117:12 (Klein). The Government “bears the burden of supporting its loss calculation with reliable and specific evidence.” United States v. Gupta, 463 F.3d 1182, 1200 (11th Cir. 2006). It did neither. Moreover, many of Dr. Taub’s patients retained Weitz & Luxenberg regardless of whether Dr. Taub had ever recommended the firm. 98 See Tr. at 436-19-437:3 (Taub). And Mr. Silver, for his part, received asbestos referrals from sources other than Dr. Taub. See Tr. at 1103:-1104:19 (Taub). The check stubs from Weitz & Luxenberg and the summary charts 98

The evidence at trial established unequivocally that Weitz & Luxenberg is a premier personal injury firm expert at handling asbestos cases, the patients were well represented, and the fees paid were consistent with industry practice.

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offered by the Government also fail to connect the dots. See Deutsch, 987 F.2d at 886 (“By adding together all of the checks written by Deutsch, the district court did not approximate the amount Deutsch intended to swindle but engaged in pure speculation. Such speculation is not permissible under the Guidelines.”). “Such a cavalier approach cannot be squared with the government’s burden of having to prove a ‘reasonable estimate’ of the value of the corrupt payments.”

United States v. Ring, 811 F. Supp. 2d 359, 381 (D.D.C. 2011) (rejecting

government’s attempt to enhance sentence under loss table where it applied “an admittedly arbitrary discount factor to an admittedly inflated gross total”). Necessarily, the failure of the Government’s proof on the referral income attributed to Dr. Taub referrals undermines its related claim that Mr. Silver earned $1,439,297.59 “from his investment of the illegal proceeds.” (PSR ¶ 41.) Put differently, the Court has no reasonable basis on which to estimate Mr. Silver’s “illegal” investment proceeds. It instead is left to guess how much of Mr. Silver’s Weitz & Luxenberg referral income actually came from Dr. Taub referrals, and how much of that income spawned the interest from Mr. Silver’s investments. 99 It invites the kind of “sheer speculation” the law forbids. Cuti, 2011 WL 3585988, at *4 (rejecting government’s request for 22-level enhancement in securities fraud case where lack of relevant data made “any overpayment calculation [by alleged victim] difficult and speculative”). The Government “may not simply guess” where specific evidence of the loss amount is unavailable. Ring, 811 F. Supp. 2d at 380. That is what it asks the Court to do. Accordingly,

Indeed, both the Probation Office’s calculation and the Government’s case fail to account for the funds that were in Mr. Silver’s bank accounts before he received any referral fees from Weitz & Luxenberg or from Goldberg & Iryami. Cf. GX 1507 (alleging that Mr. Silver began receiving “Goldberg fees” in 2004 and “W&L Taub fees” in 2005).

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this Court should not invoke Mr. Silver’s purported $5,179,106.12 gain in considering the proposed enhancement under §2C1.1(b)(2), as that Guideline incorporates §2B1.1. 100 Moreover, a sentence driven by the loss table would be unnecessarily punitive and not in furtherance of the legitimate goals of sentencing. A growing consensus among district judges cautions that strict application of the §2B1.1 loss table in white-collar fraud cases is neither just nor effective in meting an appropriate punishment. See, e.g., United States v. Adelson, 441 F. Supp. 2d 506, 509 (S.D.N.Y. 2006) (Rakoff, J.) (“What drove the Government’s calculation in this case, more than any other single factor, was the inordinate emphasis that the Sentencing Guidelines place in fraud cases on the amount of actual or intended financial loss.”); United States v. Emmenegger, 329 F. Supp. 2d 416, 427 (S.D.N.Y. 2004) (Lynch, J.) (describing the amount of loss as a “relatively weak indicator of the moral seriousness of the offense or the need for deterrence”). Indeed, as Judge Hall explained in imposing a 24-month sentence despite a Guideline range of 108 to 135 months, which was driven primarily by an 18-level enhancement under the §2B1.1 loss table, 101 that loss “is easily quantifiable . . . shouldn’t overwhelm or cause [a court] to ignore other important but less quantifiable characteristics.” Tr. at 136, United States v. Litvak, No. 3:13-cr-00019-JCH (D. Conn. July 23, 2014), Dkt. 272. Other judges in this Circuit have refused to rigidly adhere to the loss table in imposing sentences in fraud-related cases. See, e.g., Adelson, 441 F. Supp. 2d 506 (imposing 42-month sentence despite Guidelines sentence of life imprisonment even though defendant’s offense “was

100

As set forth in Mr. Silver’s Supplemental Memorandum, also dated April 20, 2016 and filed in conjunction with this Submission, a $5,179,106.12 forfeiture penalty is similarly unwarranted. (See PSR ¶ 128.) Alternatively, should the Court determine that the Government has met its evidentiary burden in seeking forfeiture in this amount, the Court should reduce that amount by the substantial tax payments Mr. Silver made on his allegedly unlawful gains.

101

See Gov’t Sentencing Br., United States v. Litvak, No. 3:13-cr-00019-JCH (D. Conn. June 27, 2014), Dkt. 260.

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egregious” by “extending over several years [and] that had an intended loss of more than $50 million”); United States v. Parris, 573 F. Supp. 2d 744, 754 (E.D.N.Y. 2008) (imposing 60month sentence despite Guidelines range of 360 months to life even though “the Parrises’ criminal conduct was reprehensible”). Thus, even if the Court determines that Mr. Silver, in fact, unlawfully gained between $3.5 million and $9.5 million to invoke §2B1.1(b)(J), it should resist dogmatic application of a series of rows and columns and instead impose a sentence that properly accounts for Mr. Silver’s individual history and personal characteristics, as well as the nature and circumstances of the offense, as required under 18 U.S.C. § 3553. III.

CONSIDERATION OF THE FACTORS SET FORTH IN 18 U.S.C. § 3553 WARRANTS LENIENCY As the Guidelines range is merely the “starting point” for the Court’s determination, Gall,

552 U.S. at 49, the Court is “free to impose sentences outside the recommended range,” Cavera, 550 F.3d at 189. Even then, the justification for a non-Guidelines sentence need only be “sufficiently compelling” in light of an individualized assessment of the defendant under 18 U.S.C. § 3553(a). Gall, 552 U.S. at 50. A “sufficiently compelling” justification for a sentence below the Guidelines range exists here. A.

Mr. Silver’s History and Personal Characteristics

Section 3553(a)(1) requires the Court to consider Mr. Silver’s history and characteristics. A history of honesty and character inconsistent with the offense justifies a downward variance. United States v. Benkahla, 501 F. Supp. 2d 748, 761 (E.D. Va. 2007) (awarding downward variance where letters attest to defendant’s “honor, integrity, moral character, opposition to extremism, and devotion to civic duty”); United States v. Ranum, 353 F. Supp. 2d 984, 991 (E.D.

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Wis. 2005) (imposing non-Guidelines sentence for defendant’s “otherwise outstanding character”). That is the case here. As described above – not through his own words but through the words of those he served – Mr. Silver did much good for the people of New York during his 38 years in the Assembly. Nothing in a manual or a chart can capture the indelible impact of those years. One letter after another – written with full awareness of the jury’s verdict – from Mr. Silver’s constituents, neighbors, friends, family, fellow Assembly members, and other government officials attest to his outstanding character and unrivaled contributions. As stated by a key staffer who testified for the Government, Mr. Silver “acted with integrity and exhibited a deep, consistent commitment to issues that he felt best served the public interest.” 102 Former Mayor David Dinkins confirms that “Mr. Silver has shown himself to be a person of integrity, committed to working in partnership on the side of New York City’s citizenry.” A former Assembly Member describes “his deep capacity for empathy and kindness.”103 Those know him well have sometimes described in their letters seemingly “little things” that, in fact, provide insight in the man. One friend tells of how, when pitching softball, Mr. Silver “would lob the ball softly” because he “did not want to embarrass me in front of my kids.” 104 A constituent describes how when her husband passed away, Mr. Silver “cared enough to come [to the funeral to] say goodbye . . . and comfort[] me and my family.” 105 Mr. Silver’s lifelong Rabbi writes that, “even now,” “in his hour of public disgrace and media vilification, we see him and

102

Stephen August.

103

Former Assemblyman Harvey Weisenberg.

104

Moshe H. Wieder.

105

Shiu Ling Ng Lam, Chinatown resident and constituent.

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his wife consoling mourners and participating in community occasions and religious events as painful as it must be for them personally. This demonstrates [his] true character.” 106 Year after year, Mr. Silver has given not just his vote, or his leadership, or his negotiating skills – he has performed simple, but meaningful, “acts of giving time, of giving one’s self.” United States v. Serafini, 233 F.3d 758, 774-75 (3d Cir. 2000) (affirming variant sentence where facts showed defendant “as an exceptionally giving person” and where acts were not “just giving money, they were acts of giving time, of giving one’s self”). This supports a variant sentence. See, e.g., United States v. Howe, 543 F.3d 128, 132 (3d Cir. 2008) (affirming downward variance where defendant committed “isolated mistake” in an otherwise “honorable and lawful life”). The Court may also consider Mr. Silver’s good deeds and public service. See, e.g., United States v. Rita, 551 U.S. 338, 365 (2007) (Stevens, J., concurring) (noting that a sentencing judge may consider public service under § 3553(a)); Adelson, 441 F. Supp. 2d at 51314 (recognizing defendant’s good deeds, including numerous acts of compassion and generosity). In addition to the legislative initiatives outlined above, Mr. Silver championed laws that improved the lives of New Yorkers in just about every way imaginable. He promoted “key criminal justice initiatives” and engaged in a “career-long effort to ensure appropriate mental health care and substance abuse treatment for both pre-trial detainees and inmates.” He drafted a law that, for the first time in our State, provided funding for “Settlement Houses” and banned “discrimination based on sexual-orientation in the use” of those funds—“a ground-breaking precedent” at that time. 107 After noting in his letter that he could list, “without exaggeration, a 106

Rabbi Yeshaya D. Siff, Young Israel Synagogue of Manhattan (emphasis added).

107

Frederick J. Jacobs.

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thousand bills” that he discussed with Mr. Silver while serving as his chief legislative counsel, the Honorable James. A. Yates says “the ones that first leap to mind” are: •

Restrictions on illegal use and possession of firearms by those afflicted with mental disabilities . . . ;

•

Restructuring of the tax code to bring fairness and relief to lower and middle class families;

•

A farmworker bill of rights . . . ;

•

Reform of our marijuana laws and access to prescribed medical relief . . . ;

•

A DREAM act providing an affordable public education to children who are caught in the no-man’s land of residence without documentation;

•

A Women’s Equality Act, aimed to prevent discrimination . . . ;

•

Campaign finance reform, seeking to open elective office to candidates regardless of wealth; [and]

•

Reform of the spending formulas in support of public school financing . . . . By any objective measure, Mr. Silver’s good works have been exceptional and thus,

support a downward variance. See, e.g., United States v. Tomko, 562 F.3d 558, 572 (3d Cir. 2009) (affirming variant sentence based on defendant’s “exceptional” charitable acts and good works). Also “pertinent to crafting an appropriate sentence” is Mr. Silver’s ties to his family. United States v. Nellum, No. 2:04-cr-30-PS, 2005 WL 88941, at *4 (N.D. Ind. Feb. 3, 2005). As Rosa Silver describes her husband: “Shelly was there, even when he was in Albany, to answer the kids’ questions, to make sure they understood right from wrong and to cheer them on whether their achievement was reading a book by themselves, hitting a double or graduating college.” His children echo this sentiment. They attest that Mr. Silver:

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•

“[N]ever let his career interfere with him attending my life’s milestones . . . nor with those of my children;” 108

•

“[A]lways made sure to spend quality time with his children over the weekend” while the Assembly was in session; 109 and

•

“[A]lways there for us whether for the sports games, the studying for big tests or the graduations.” 110 Mr. Silver is there for his grandchildren as well. Estie (Silver) Fried talks about Mr.

Silver’s “special relationship” with each of her six children, whether to talk about playoffs, basketball, hockey, athletes LeBron James and Stephen Curry or the latest songs the children learned in school. As grandpa, he “is an integral part of their lives and each visit has him reading stories to them before bed.” Daughter Michelle puts it this way: “One of the best rewards I can offer . . . is to allow my kids to take a ride in my father’s car where he tells them stories about his youth and lets them know how important they are to him.” The many letters from friends and family describe a man with a deep connection to those closest to him. This, itself, supports a downward variance. See, e.g., Benkahla, 501 F. Supp. 2d at 760 (awarding downward variance based on, among other things, defendant’s “strong, positive relationships with friends, family and the community”); United States v. Harding, No. 05-cr-28502, 2006 WL 2850261, at *5 (S.D.N.Y. Sept. 28, 2006) (awarding a non-Guidelines sentence, taking “note of the significant network” ready to support defendant); United States v. Myers, 353 F. Supp. 2d 1026, 1031 (S.D. Iowa 2005) (imposing non-Guidelines sentence where defendant had been a “guiding presence in his family’s life”). 108

Michelle Trebitsch.

109

Janine Silver.

110

Edward Silver. Sister Arlene (Lerer) Rosenfelder writes that Mr. Silver was also close with their mother, who lived two blocks from the Silvers until her death. Mr. Silver made sure to “help and support” Ms. Rosenfelder, whom she knew “is there for me no matter what the issue.”

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The Nature and Circumstances of the Offense

Under § 3553(a)(1), the Court must also consider the “nature and circumstances of the offense.” Unquestionably, the offenses for which Mr. Silver was convicted are serious. Without challenging the jury’s verdict, it remains necessary under § 3553(a)(1) to revisit what the evidence did and did not show in evaluating the nature and circumstances of the convicted offenses. The Court should consider the lack of discernible harm caused by the alleged quo – whether to the Assembly, the residents of Mr. Silver’s Assembly district, or the citizens of New York. On the mesothelioma charges, the evidence established without doubt that the clients represented by Weitz & Luxenberg received excellent legal representation and the fee structure was consistent with industry practice. The grants Mr. Silver authorized used funds available for health-care related initiatives like the Mesothelioma Center at Columbia University. Those grants funded years of research into mesothelioma, a deadly form of cancer with a substantial impact on New Yorkers, by one of the nation’s premier medical institutions. There is no evidence that the Mesothelioma Center did not actually perform the research or that the State “overpaid” for it.

Nor was there evidence that Mr. Silver distorted the approval process.

Whether or not Mr. Silver received a quid in exchange for authorizing the grants, we ask the Court to consider the absence of any discernible harm through the alleged quo. The same consideration bears on the real estate charges. The jury found that Mr. Silver accepted referral fees from the Goldberg law firm at least in part in exchange for official acts on behalf of two real estate developers. The official acts Mr. Silver allegedly took were: real estate legislation, headlined by the Rent Act of 2011; favorable votes to Glenwood’s LLCs before the Public Authorities Control Board (“PACB”); and meetings with lobbyists and representatives on -41-

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behalf of the developers. The developers, too, received excellent legal representation by a specialty law firm with a long record of success in tax certiorari matters. The fees paid were consistent with industry practice. While we accept for these purposes the jury’s judgment concerning an impact on “honest services” neither the State nor its citizens were injured by these acts. Like many of Mr. Silver’s legislative accomplishments, the Rent Act of 2011 is a highly complex piece of legislation containing hundreds of provisions. 111 Many provisions benefitted tenants, other provisions benefitted developers, and all provisions were heavily negotiated and approved by majority vote of both houses. See Tr. at 1595:3-13 (Meara). There was no testimony about its ill effects to the City or to the State, or how the legislation itself would have been any different absent the allegations in this case. There was also no testimony that the “80/20” loans the Glenwood LLCs received from the PACB were somehow injurious to any discernible victim. Without trivializing the jury’s findings, the Court should consider that the people of this State did not tangibly suffer from any of the official acts Mr. Silver allegedly performed in exchange for receiving the referral fees at issue. 112

111

Don Lebowitz, associate counsel and later consultant on housing matters, put negotiation of the rent laws in context: Mr. Silver not only had to negotiate with the Senate and the Governor, he had to consider the interests of the Assembly majority, tenant advocates, developers, landlords, loft law tenants, condo owners, the City of New York, affordable housing advocates, unions and others. All groups had their own agendas. . . . On every occasion that I was present, Mr. Silver put the interests of his constituents and the Assembly first and foremost. He is a masterful negotiator and repeatedly achieved negotiated agreements that served the best interest of his members and constituents.

112

For the same reason, an award of restitution is unwarranted. See United States v. Gonzalez, 647 F.3d 41, 66 (2d Cir. 2011) (vacating and remanding restitution award imposed on former New York State Senator convicted of honest-services fraud where the defrauded donors still “received food and drink” and “purchased advertisements [that appeared] in the gala printed program,” making it possible “that they received some value for their contributions”).

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The Purposes of Sentencing 1.

Deterrence, Respect for the Law, and Just Punishment

The Court must impose a sentence that “afford[s] adequate deterrence to criminal conduct.” 18 U.S.C. § 3553(a)(2)(B). The sentence also must promote respect for the law, and provide just punishment. Id. § 3553(a)(2)(A), (B). A below-Guidelines sentence will fairly accomplish these goals. The direct consequences of Mr. Silver’s conviction should significantly deter others from engaging in similar conduct. They also have imposed a substantial punishment on him. Mr. Silver has lost his Speakership as well as his Assembly seat. He is ineligible to ever be reelected to either position. He is disgraced despite a lifetime of public service. Mr. Silver’s inability to ever reclaim the public service career he pursued so passionately and for so long is a mitigating factor warranting consideration. See United States v. Stewart, 590 F.3d 93, 141 (2d Cir. 2009) (finding no abuse of discretion in district court’s consideration that “conviction itself already visit[ed] substantial punishment” on defendant by likely barring him from future work in his profession (internal quotation marks omitted)); United States v. Samaras, 390 F. Supp. 2d 805, 809 (E.D. Wis. 2005) (imposing below-Guideline sentence for defendant convicted of fraud in part because “as a consequence of his conviction and sentence, defendant lost a good public sector job”); United States v. Sachakov, No. 11-cr-120-JBW, 2013 WL 101287, at *3 (E.D.N.Y. Jan. 8, 2013) (imposing 30-month sentence notwithstanding Guidelines range of 97 to 121 months in part due to “substantial likelihood that defendant will lose his medical license as a result of his conviction”). Additionally, he has lost his license to practice law. 113 See, e.g., United States v. Pauley, 511 F.3d 468, 474-75 (4th Cir. 2007) (affirming downward departure 113

See In re Silver, No. M-6258, --- N.Y.S.3d ---, 2016 WL 119395 (N.Y. App. Div. 1st Dep’t Mar. 29, 2016).

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where defendant “lost his teaching certificate and his state pension as a result of his conduct”); United States v. Jones, 158 F.3d 492, 499 (10th Cir. 1998) (affirming downward departure based in part on “collateral employment consequences [the defendant] would suffer”). All the while, his wife and children have borne the public shame and humiliation attendant to one of the highest-profile criminal prosecutions in the history of this State. These considerations also offer a powerful deterrent effect and impose substantial punishment on Mr. Silver. See, e.g., United States v. Vigil, 476 F. Supp. 2d 1231, 1315 (D.N.M. 2007) (granting downward variance based in part on “incalculable damage” defendant suffered from “tremendous media coverage of his case,” including that defendant “was unflatteringly portrayed as the face of public corruption” and where defendant “and his family . . . endured the expense and emotional cost of two very lengthy, public trials”), aff’d, 523 F.3d 1258 (10th Cir. 2008). The reputational loss from the conviction itself cannot be understated. As this Court is well aware, Mr. Silver’s case was highly publicized. The media attention to Mr. Silver’s trial, and the intense public scrutiny that came with that attention, was incredible. From jury selection through final verdict, this case was touted by the press and debated in the news each day, every day. The fact of Mr. Silver’s conviction has only amplified the public’s disfavor. The very fact of this prosecution and the consequences of the conviction promote respect for the law. Imposing a severe sentence on Mr. Silver is not necessary to achieve that end. See Adelson, 441 F. Supp. 2d at 514 (“With his reputation ruined by his conviction, it was extremely unlikely that he would ever involve himself in future misconduct.”); United States v. Anderson, 533 F.3d 623, 633 (8th Cir. 2008) (affirming 30-month sentence where district “court specifically addressed other ways in which the defendant had suffered atypical punishment such as the loss of his reputation and his company, the ongoing case against him from the Securities -44-

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and Exchange Commission and the harm visited upon him as a result of the fact that his actions brought his wife and friend into the criminal justice system”). The deterrent effect is clear, and equally clear is the punishment Mr. Silver has already suffered. These considerations warrant a variant sentence. 2.

Protection of the Public from Further Crimes by Mr. Silver

The Court’s sentence also must “protect the public from further crimes of the defendant.” 18 U.S.C. § 3553(a)(2)(C). Several considerations militate in favor of a below-Guidelines sentence. In weighing this factor, first and foremost, the Court should consider Mr. Silver’s advanced age. “This court and others have previously declined to impose Guidelines sentences on defendants who . . . were over the age of forty on the grounds that such defendants exhibit markedly lower rates of recidivism in comparison to younger defendants.” United States v. Hernandez, No. 03-cr-1257-RWS, 2005 WL 1242344, at *5 (S.D.N.Y. May 24, 2005); United States v. Carmona-Rodriguez, No. 04-cr-667-RWS, 2005 WL 840464, at *4 (S.D.N.Y. Apr. 11, 2005) (same); United States v. Nellum, No. 2:04-cr-30-PS, 2005 WL 300073, at *3 (N.D. Ind. Feb. 3, 2005) (“The positive correlation between age and recidivism is impossible to deny.”). At the age of 72, disgraced and out of public life, Mr. Silver poses no risk of recidivism. See, e.g., United States v. Hamilton, 323 F. App’x 27, 31 (2d Cir. 2009) (unpublished) (holding that “district court abused its discretion in not taking into account policy considerations with regard to age recidivism not included in the Guidelines”); Nellum, 2005 WL 300073, at *3 (imposing below-Guidelines sentence in part because “[t]he likelihood of recidivism by a 65 year old is very low.”). The United States Sentencing Commission has confirmed that “[r]ecidivism

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rates decline relatively consistently as age increases.” 114 Consistent with elderly defendants’ lack of recidivism, an expanding body of research confirms the rarity of elderly inmates in the federal correctional system.

One study reports that as of 2009, only 0.5% of inmates

incarcerated in federal prison were 70 years old or older. 115

This makes sense.

As the

Department of Justice has recognized, elderly defendants are particularly “likely to have problems adjusting to prison,” leading to additional “stress-related health problems” that are “intensified in the prison setting.” 116 Mr. Silver’s lack of any criminal history further militates in favor of a minimal custodial sentence, if any. Federal courts have recognized that first-time offenders like Mr. Silver pose little to no risk of recidivism. See United States v. Germosen, 473 F. Supp. 2d 221, 227 (D. Mass. 2007) (“There is a demonstrable difference in the recidivism rates of real first offenders as compared to other defendants in Criminal History Category I.”). These courts have, in turn, appropriately imposed variant sentences on defendants with no criminal history. See, e.g., United States v. Autery, 555 F.3d 864, 874 (9th Cir. 2009) (reasoning that because “Criminal History I did not fully account for [the defendant’s] complete lack of criminal history, considering it as a mitigating factor was not redundant or improper”). This Court should do the same. Mr. Silver is 72 years old and has no criminal history of any kind. He poses no risk of recidivism in any way, under any measure. This Court should

114

U.S. Sentencing Comm’n, Measuring Recidivism: The Criminal History Computation of the Federal Sentencing Guidelines at 12 (May 2004), available at http://www.ussc.gov/Research_and_Statistics/Research_Publications/2004/200405_Recidivism_Criminal_Histo ry.pdf.

115

See Human Rights Watch, Old Behind Bars: The Aging Prison Population in the United States at 40, 44 (Jan. 2012), available at http://www.hrw.org/sites/default/files/reports/usprisons0112webwcover_0.pdf.

116

See U.S. Dep’t of Justice, National Institute of Corrections, Addressing the Needs of Elderly, Chronically Ill, and Terminally Ill Inmates at 9-10 (Feb. 2004), available at http://static.nicic.gov/Library/018735.pdf.

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consider these mitigating factors in imposing a fair sentence. See, e.g., United States v. Carter, 538 F.3d 784, 792 (7th Cir. 2008) (finding no abuse of discretion in consideration of defendant’s age of 61 as “a mitigating factor” because “her age set her apart from the average offender and made it less likely that she would commit these crimes again (emphasis in original)). A term of incarceration is not necessary to achieve “protect the public from further crimes” by Mr. Silver. 18 U.S.C. § 3553(a)(2)(C). Consideration of this factor militates in favor of a variant sentence. D.

Mr. Silver’s Health and Medical Condition

It is well established that courts may properly account for not just age, but physical health and possible medical conditions in crafting an appropriate sentence. See, e.g., United States v. Jones, 460 F.3d 191, 194 (2d Cir. 2006); United States v. Castillo, No. 03-cr-835-RWS, 2007 WL 582749, at *6 & n.3 (S.D.N.Y. Feb. 26, 2007). The Court should do so here. Mr. Silver is under intense monitoring and close supervision for a host of serious medical conditions. As noted, a little less than one year ago, Mr. Silver was diagnosed with prostate cancer. Following a series of stereotactic high-dose radiation treatments, Mr. Silver has required careful monitoring due both to the very real risk that the cancer returns, and to alleviate the damage the disease further threatens. 117 Additionally, Mr. Silver is currently under the care of a gastroenterologist to aid in his recovery from bile duct obstruction, for which he must ingest capsules after each and every meal. And several months ago an MRI revealed a fracture in the outer bone of his knee, requiring symptomatic treatments for Mr. Silver’s constant pain and visible limp. 118 The combination of

117

Dr. Michael J. Zelefsky (Ex. D), Professor of Radiation Oncology, Memorial Sloan Kettering Cancer Center.

118

Dr. Marc D. Silver (Ex. D), OAS Orthopaedic Associates (Mr. Silver’s nephew).

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Mr. Silver’s chronic conditions and need for constant monitoring are relevant considerations this Court can, and should, consider. See United States v. Wadena, 470 F.3d 735, 737, 740 (8th Cir. 2006) (affirming sentence of five years’ probation, down from Guidelines range of 18 to 24 months’ imprisonment, where defendant was sixty-seven years old and had “several chronic health conditions”); United States v. Rioux, 97 F.3d 648, 663 (2d Cir. 1996) (affirming downward departure where defendant had a chronic condition that required “regular blood tests and prescription medicines” and “monitoring”); Carmona-Rodriguez, No. 04-cr-667, 2005 WL 840464, at *4 (finding a non-Guidelines sentence warranted and noting that it was “significant” that the defendant was “suffering from high blood pressure and diabetes”). E.

The Need to Avoid Unwarranted Sentencing Disparities

18 U.S.C. § 3553(a)(6) instructs the Court to impose a sentence that “avoid[s] unwarranted disparities among defendants with similar records who have been found guilty of similar conduct.” The 262-327-month sentence pre-determined by the Guidelines, or even the 120-month sentence recommended by the Probation Office, would create just such a disparity. Without denigrating the seriousness of the crimes for which Mr. Silver stands convicted, we ask the Court to consider the sentences imposed in the following public corruption cases, which we believe illustrate the unfairness of the effective life sentence sought by the Government: 1.

Robert McDonnell

Governor of Virginia Robert “Bob” McDonnell, age 61 at sentencing, accepted money and gifts in exchange for his efforts to assist a pharmaceutical company to secure state testing of one of its new pharmaceutical drugs. United States v. McDonnell, 792 F.3d 478, 485-88 (4th Cir. 2015), cert. granted in part, 136 S. Ct. 891 (Jan. 15, 2016). During a five-week jury trial, the evidence revealed that Mr. McDonnell was “lavished” by the company with “shopping -48-

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sprees, money, loans, golf outings, and vacations.” Id. at 518. Mr. McDonnell was convicted on 11 counts including honest services mail and wire fraud, Hobbs Act extortion, and conspiracy to commit those offenses. While his PSR offense level was 32, aligning with a Guideline range of 121 to 151 months’ imprisonment, Judge Spencer sentenced Mr. McDonnell to 24 months. See Tr. at 178, United States v. McDonnell, No. 3:13-cr-00012-JRS (E.D. Va. Jan. 6, 2015), Dkt. 654. 2.

Richard Renzi

U.S. Representative Richard Renzi, age 55 at sentencing, was convicted of assorted federal crimes arising from his support for federal land exchange legislation in exchange for personal benefits. Specifically, the jury convicted Mr. Renzi of diverting hundreds of thousands of insurance premiums paid by local businesses in order to fund his congressional campaign, while, at the same time, using his employees to prevent his insurance customers and underwriters from collecting lawfully owed payments. See Gov’t Sentencing Br., United States v. Renzi, 4:08-cr-00212-DCB-BPV (D. Ariz. Oct. 21, 2013), Dkt. 1307. Among Mr. Renzi’s 17 counts of conviction were six counts of honest services wire fraud, 18 U.S.C. §§ 1343, 1346.

See

Judgment, Renzi, No. 4:08-cr-00212-DCB-BPV (D. Ariz. Oct. 28, 2013), Dkt. 1318. While the Government requested 108 to 144 months’ imprisonment, including a 14-level enhancement under the §2B1.1 loss table, Judge Bury sentenced Mr. Renzi to 36 months and imposed a $25,000 fine. Compare id., with Objections to the Draft Presentence Report, Renzi, No. 4:08-cr00212-DCB-BPV (D. Ariz. Oct. 7, 2013), Dkt. 1300. 3.

Robert Ney

U.S. Representative Robert Ney, age 53 at sentencing, accepted a series of bribes and other benefits in connection with the Jack Abramoff lobbing scandal. The benefits he received -49-

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included “substantial campaign contributions,” access to luxury boxes at sporting events, free concerts and meals, paid trips to Scotland, the Northern Marianas Island, and the Super Bowl, and thousands of dollars in casino gambling chips. See Factual Basis for Plea, United States v. Ney, No. 1:06-cr-00272 (D.D.C. Oct. 13, 2006), Dkt. 5.

In exchange, Congressman Ney

performed a variety of legislative acts, including supporting and opposing specific legislation, inserting amendments into legislation, and inserting specific language into the Congressional Record. Congressman Ney also sought to influence executive branch agency decisions affecting the corrupt lobbyists, and helped one of their clients secure a multi-million contract bid with the U.S. House of Representatives. See id. Congressman Ney pled guilty to conspiracy to defraud the United States and to falsifying his congressional financial disclosure forms.

He received a sentence of 30 months’

imprisonment, two years’ supervised release on each count, and a $6,000 fine. Judgment, Ney, No. 1:06-cr-00272 (D.D.C. Jan. 23, 2007), Dkt. 20. 4.

Donald Lukens

U.S. Representative Donald Lukens, age 65 at sentencing, accepted bribes from officials with Cambridge Technical Institute (“CTI”), an educational institution, in exchange for attempting to persuade the Department of Education to cease its investigation into CTI. Congressman Lukens was convicted of bribery and conspiracy to commit bribery after a jury trial. See United States v. Lukens, 114 F.3d 1220, 1221 (D.C. Cir. 1997). Congressman Lukens, at age 65, was sentenced to 30 months’ imprisonment and three years’ supervised release. See Docket Entry, United States v. Lukens, 1:95-cr-00041-GK (D.D.C. June 29, 1996).

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New York State Officials

A review of federal political corruption sentences for other New York State officials underscores the punitive nature of the sentence calculated under the Guidelines or proposed by the Probation Office, particularly in light of Mr. Silver’s advanced age: •

Senator Carl Kruger pleaded guilty to accepting more than $1 million in exchange for various official acts over a four-year period. Judge Rakoff described Senator Kruger’s conduct as “extensive, long-lasting, substantial bribery schemes that frankly were like daggers in the heart of honest government.” See William K. Rashbaum, After Resigning, Tearful Senator Pleads Guilty to Accepting Bribes, N.Y. TIMES (Dec. 20, 2011). Despite a Guidelines range of 108 to 135 months, Judge Rakoff sentenced then-62-year-old Senator Kruger to 84 months. Compare Plea Agreement, United States v. Kruger, No. 1:11-cr-00300-JSR (S.D.N.Y. Dec. 11, 2011), Dkt. 189, with Judgment, Kruger, No. 1:11-cr-00300-JSR (S.D.N.Y. May 1, 2012), Dkt. 220.

•

New York City Councilman and former State Assemblyman and Senator Larry Seabrook was convicted of directing more than $2 million in City funds to friends and relatives through various non-profit organizations under his control. See Gov’t Sentencing Br., United States v. Seabrook, No. 1:10-cr-00087-PKC (S.D.N.Y. Dec. 13, 2012), Dkt. 106. In total, Councilman Seabrook was convicted of nine counts, including multiple counts of conspiracy to commit honest services mail and wire fraud. Despite a Guidelines range of 87 to 108 months, Judge Batts sentenced 61-year-old Councilman Seabrook to 60 months. Judgment, Seabrook, No. 1:10-cr-00087-PKC (S.D.N.Y. Jan. 17, 2013), Dkt. 115.

•

New York State Senator Majority Leader Joseph Bruno accepted bribes totaling $280,000. In exchange, he took various acts on behalf of the paying entities, which he did with the aid of Senate staff. Senator Bruno pled not guilty to his eight-count indictment and was convicted of two counts of honest services mail fraud. See Amended Judgment, United States v. Bruno, No. 1:09-cr-00029-GLS (N.D.N.Y. June 1, 2010), Dkt. 304. While the applicable Guidelines range was 97 to 121 months, see Gov’t Sentencing Br. at 11, Bruno, No. 1:09-cr-00029-GLS (N.D.N.Y. Apr. 23, 2010), Dkt. 278, Judge Sharpe sentenced then-81-year-old Senator Bruno to 24 months, see Amended Judgment, id., Dkt. 304. (Senator Bruno’s conviction was later reversed, after which he was acquitted upon retrial).

•

New York State Assemblyman Anthony Seminerio pleaded guilty to honest services mail fraud for a more than decade-long scheme in which he earned millions of dollars in “consulting fees” for bogus consulting services he never performed. See Memorandum, United States v. Seminerio, No. 1:08-cr-01238-NRB (S.D.N.Y. Jan. 14, 2010), Dkt. 24. In reaping those fees, Assemblyman Seminerio told colleagues in the Assembly that his role as an elected official “doesn’t mean shit” and that “from now on . . . I’m a -51-

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consultant.” Id. at 1-2. Assemblyman Seminerio also directly lobbied other legislators and elected officials to assist a hospital in obtaining $19 million in loan forgiveness and other State benefits, and verbally threatened third parties who resisted similar offers. Despite a total offense level of 33 and a corresponding Guidelines range of 135 to 168 months, id. at 44-45, Judge Buchwald sentenced 74-year-old Assemblyman Seminerio to 72 months’ imprisonment, see Judgment, Seminerio, No. 1:08-cr-01238-NRB (S.D.N.Y. Feb. 4, 2010), Dkt. 27. •

New York State Senator Efrain Gonzalez pleaded guilty to two counts of honest services mail fraud and two counts of conspiracy to commit mail fraud for defrauding dozens of non-profit and charitable organizations into making what Senator Gonzalez led them to believe were legitimate charitable contributions. See Gov’t Sentencing Br., United States v. Gonzalez, No. 06-cr-726-WHP (S.D.N.Y. May 12, 2010), Dkt. 153. Despite a Guidelines range of 108 to 135 months, Judge Pauley sentenced 62-year-old Senator Gonzalez to 84 months’ imprisonment. See Judgment, United States v. Gonzalez, No. 06cr-726-WHP (S.D.N.Y. May 27, 2010), Dkt. 162.

•

New York State Assemblyman Eric Stevenson was convicted by a jury on four counts of honest services wire fraud, bribery, conspiracy to commit bribery, and Hobbs Act extortion. The Government alleged that Assemblyman Stevenson, in exchange for receiving various bribes from businessman, performed various official acts on their behalf. Most notably, Assemblyman Stevenson inserted language into proposed Assembly legislation “nearly word for word” from what the businessmen had asked. See Gov’t Sentencing Br. at 4, United States v. Stevenson, No. 13-cr-00161-LAP (S.D.N.Y. May 15, 2014), Dkt. 130. The Probation Office calculated 58-year-old Assemblyman Stevenson’s Guidelines range at 51 to 63 months; Judge Preska sentenced him to 36 months. See Judgment, United States v. Stevenson, No. 1:13-cr-00161-LAP (S.D.N.Y. May 23, 2014), Dkt. 133.

•

New York State Senator Vincent Leibell pleaded guilty to willfully obstructing a federal grand jury investigation and filing false federal income tax returns in connection with his receipt of $43,000 in cash from private attorneys representing Putnam County – where he had just been elected as County Executive. See Gov’t Sentencing Br. at 1-2, United States v. Leibell, No. 7:10-cr-001198-WWE (S.D.N.Y. Apr. 14, 2011), Dkt. 21. Senator Leibell admitted to not only demanding cash from these Putnam County attorneys for at least four years, but to pressuring a federal grand jury witness not to indict him. See id. at 6. Senator Leibell actually threatened the grand jury witness, one of the Putnam County attorneys, that he would ensure his law firm would not be paid for legal services the law firm had previously (and lawfully) provided. Id. at 8. Judge Eginton sentenced 64-yearold Senator Leibell to 21 months’ imprisonment. See Judgment, United States v. Leibell, No. 7:10-cr-001198-WWE (S.D.N.Y. May 18, 2011), Dkt. 56.

•

New York State Assemblyman William Boyland, Jr. was convicted by a jury of 21 counts of public corruption-related charges, including for Hobbs Act extortion and attempted Hobbs Act extortion, bribery, honest services fraud, conspiracy to commit mail fraud, and -52-

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theft. The Government presented evidence that Assemblyman Boyland held a series of hotel-room meetings with undercover agents to negotiate various bribery schemes involving his influence as a legislator. Assemblyman Boyland was captured on tape telling the agents, “I’m the politician. I’m the guy who can make that move over on this end, so we know the folks that can pull the sort of triggers we’re looking for.” Gov’t Sentencing Br. at 3, United States v. Boyland, No. 1:11-cr-00850-SLT (E.D.N.Y. Aug. 20, 2015), Dkt. 120. Assemblyman Boyland was also recorded clarifying for the agents that he retained “a middle guy” or a “bagman” so that he (Boyland) could “stay clean.” Id. at 4. Assemblyman Boyland also filed more than 200 false New York State Assembly Member Travel Vouchers, and stole State-issued funds originally intended to benefit a non-profit organization whose mission was to assist the elderly. Id. Forty-three-year-old Assemblyman Boyland’s total offense level was 38, corresponding to a Guidelines range of 235 to 293 months’ imprisonment; Judge Townes sentenced him to 168 months. United States v. Boyland, No. 1:11-cr-00850-SLT (E.D.N.Y. Sept. 24, 2015), Dkt. 125. The judicial preference for below-Guidelines sentences is also borne out empirically. During fiscal year 2015, only 22.2% of defendants sentenced under §2C1.1, the Guidelines provision pertaining to honest services fraud and Hobbs Act extortion, received a sentence within the Guideline range. 119 In sum, a sentence within or near the Guidelines range is grossly disproportionate to the sentences imposed in similar cases, and is completely at odds with this Court’s mandate to impose a sentence that is sufficient “but not greater than necessary” to achieve the goals of sentencing. 120 F.

An Alternative Sentence of Community Service

18 U.S.C. § 3553(a)(3) directs the Court to consider “the kinds of sentences available.” In light of Mr. Silver’s age, medical condition, and the considerations enumerated above, the

119

See U.S. Sentencing Comm’n, Final Quarterly Data Report: Fiscal Year 2015 (Mar. 16, 2016), Table 5, available at http://www.ussc.gov/research-and-publications/federal-sentencing-statistics/quarterly-sentencingupdates. Similarly, only 25.0% of defendants sentenced under §2S1.1, the Guideline applicable to money laundering under which Mr. Silver’s offenses are grouped for Guidelines purposes, received a withinGuidelines sentence. See id.

120

To the extent the Court imposes a custodial sentence involving a term of incarceration, we respectfully request the Court permit Mr. Silver to file a motion for bail pending appeal of his conviction.

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Court should consider a term of rigorous community service – whether as an alternative to incarceration, or as a component of an appropriate below-Guidelines sentence. One potential sponsor of such a sentence for Mr. Silver is the Fortune Society (“Fortune”). Fortune is a not-for-profit advocacy organization founded in 1967 and that offers a variety of services to those who are incarcerated or facing incarceration. Through its stable of programs, Fortune serves approximately 6,000 individuals each year, many of whom suffer from substance abuse, mental health issues, and insufficient income. Fortune proposes the following community service term for Mr. Silver. It would assign Mr. Silver to work in its Employment Services. In short, “[g]ainful legitimate employment is one of the most immediate and urgent needs” of individuals who are incarcerated or otherwise involved in the criminal justice system. In Fortune’s Employment Services program, Mr. Silver would “assist in resume preparation, conduct mock job interviews to prepare participants for actual interviews, assist [Fortune’s] job developers in opening up job opportunities, and . . . assist in follow-up and job retention activities.” Fortune’s President and CEO, JoAnne Page, Esq., supports this proposal not just because of Mr. Silver’s “long history of advocacy and support for social and criminal justice policies,” or his “long-standing and deep compassion for the poor and his deep level of knowledge of the issues surrounding employment for those with the greatest barriers.” Rather, Ms. Page recently met with Mr. Silver and came away convinced that Mr. Silver was “motivated and willing to work directly with [Fortune’s] clients,” to whom he would provide “real value.” 121 Undoubtedly, other organizations would also see the benefit in having Mr. Silver’s talents put to work on their behalf.

121

A copy of Fortune’s letter to the Court is attached as Exhibit E to this Submission.

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Without question, Mr. Silver must be punished for the crimes for which he has been convicted. But “if the law is viewed merely as a means to dispense harsh punishment without taking into account the real conduct and circumstances involved,” then “a sentence of imprisonment may work to promote not respect, but derision.”

Gall, 552 U.S. at 54.

Community service is “a flexible, personalized, and humane sanction” that permits “the offender to repay or restore the community” and is “practical, cost-effective, and fair.” 122 Allowing Mr. Silver to serve his sentence – or a substantial portion thereof – working for Fortune in its Employment Services unit would satisfy the Court’s obligation to consider the “kinds of sentences available,” 18 U.S.C. § 3553(a)(3), and to impose a sentence that sufficient but not greater than necessary to achieve the goals of sentencing. 123 Moreover, community service would allow the public to receive a substantial benefit given Mr. Silver’s extraordinary abilities in this regard. CONCLUSION A sentencing judge must “consider every convicted person as an individual and every case as a unique study in the human failings that sometimes mitigate, sometimes magnify, the crime and the punishment.” Gall, 552 U.S. at 52 (quoting Koon, 518 U.S. at 113). The crimes for which Mr. Silver stands convicted are serious. To be sure, Mr. Silver benefitted from his position as Speaker of the Assembly – albeit in ways not quantified simply.

122

Court & Community: An Information Series About U.S. Probation & Pretrial Services: Community Service, Office of Probation and Pretrial Services, Administrative Office of the U.S. Court (2007), available at http://www.miep.uscourts.gov/PDFFiles/court community all.pdf.

123

Should the Court determine that community service is appropriate, but not in collaboration with the Fortune Society as proposed above, we respectfully request the opportunity to present the Court with an alternative proposal.

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Mr. Silver has demonstrated a capacity to do a tremendous amount of good for the public. His personality, vision, and persistence have been brought to bear with great effect. It is doubtful this Court will ever sentence a defendant with as rich a record of doing so much for others. In fashioning a just sentence, we ask that this Court consider allowing Mr. Silver to continue to employ his unique talents to benefit others. A sentence that incorporates extensive community service and little – if any – incarceration could do that. Mr. Silver’s age, health, and record of service themselves support leniency far below the Guidelines. However, his proven ability and desire to be of service make the alternative of a substantial amount of community service compelling.

Should the Court deem a further

restriction on liberty be imposed, this service could be coupled with home confinement. While the jury’s verdict concluded that through his conduct, Mr. Silver harmed the public, it seems that a just sentence will also consider the further harm caused by Mr. Silver no longer putting his unique talents to work to serve the public.

Dated: April 20, 2016 New York, New York

Respectfully submitted,

/s/ Joel Cohen Joel Cohen Dale J. Degenshein STROOCK STROOCK & LAVAN LLP 180 Maiden Lane New York, New York 10038 Telephone: (212) 806-5644 Facsimile: (212) 806-6006

/s/ Steven F. Molo Steven F. Molo Robert K. Kry Justin V. Shur MOLOLAMKEN LLP 540 Madison Avenue New York, New York 10022 Telephone: (212) 607-8160 Facsimile: (212) 607-8161 Attorneys for Defendant

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Exhibit A

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Exhibit B

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Exhibit C

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28 January 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: We are all longtime rent-stabilized residents of 125 Cedar Street, the closest residential building to the pre-9 /11 World Trade Center towers. Our professions, now and preretirement, include several artists, a bird trainer, a designer of ships, professors at the college/post-graduate level, a journalist, a museum curator, lawyers, an urban planner, a historic preservationist, and entrepreneurs working in television, music, the arts, photography, video and computers. We have raised our children here, voted and been responsible citizens. We are, in short, a small group of people living the kinds of creative lives that can be possible in New York The attacks on 9/11 blew in all our windows, covered everything we owned with toxic debris, destroyed our businesses and displaced us from our homes for 16 months. Our street was impassable for well over a year, our access to the building was severely restricted. For over 9 months we walked around in a daze, seeking help everywhere, including from all our political representatives. In the meantime, our neighborhood was characterized as a "blight" and many of the plans for renewal of the neighborhood proposed taking down our block, displacing us from our residences to provide room for new, more lucrative uses. State Assembly member and Speaker Sheldon Silver came to our aid immediately and powerfully, spearheading the effort of returning us to our homes. He was instrumental in paring back the plans so that our existing affordable housing, and that of our neighbors, was spared from the wrecking ball. He then concerned himself with the cleanup and steps to return us to our homes, a task for which no city, state or federal agency was taking responsibility. What would be required? Meetings to coordinate a timetable were set with over a dozen agencies-from the federal EPA to city Department of Environmental Protection, Department ofTransportation and Department of Buildings to utilities such as Con Edison, Verizon and TimeWarner. At an initial meeting, all the participants rejected the Speaker's request. Told by him to come back with plans, they did. They discussed what needed to be done first, then second, and so on until we would have clean homes and a street that would allow us to move in, with furniture. And working utilities. The federal EPA took over cleaning, a job it estimated would take one month but that actually took four months. In January 2003 we moved back in and began rebuilding our rental lofts and our lives. As residents we had no idea how big the problems were, and no way of coordinating the efforts of these groups in any case. Over the years, Mr. Silver intervened on our behalf many times to negotiate: safety precautions on surrounding rebuilding sites, monitoring of the air quality created by 22 hour /7 days a week construction, restrictions on tour bus routes around the WTC site, and many other safety and quality of life issues that we faced.

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Much more recently we asked for help in fending off the Campus Security Plan that folded our block into a highly restricted zone around the WTC. Although we were unsuccessful in fending off many aspects of the plan we objected to, Mr. Silver was very supportive of our efforts and even started a task force to investigate the impact security measures would have on us. He invited representatives of all the agencies and departments plus resident representatives. He personally chaired those meetings, and again paid close attention to his constituents' needs. As we were all expressing our concerns to the authorities who developed the plan, he listened intently, then added a concern we had all overlooked-he was worried that we would be driven crazy by the constant sound of the raptors up and down up and down with the passing of every car on our streets. It was a small detail, but it exemplified the level of empathy and personal concern he brought to representing his constituents. As it is being implemented, the Campus Security Plan has been modified because of his efforts. It would not be an exaggeration to say that Mr. Silver, personally and through his staff, encouraged our community involvement and, by his example, showed how thoughtful engagement in public processes can improve a community's life. Inspired in part by that experience, our residents now include a Community Board One member, a founder and former chair of a citizen oversight committee for the WTC Health Center, a president and organizer of World Trade Center Neighborhood Alliance, an officer of the 9/11 Environmental Action health outreach program, a historic preservationist actively involved in restoration of buildings damaged by 9/11, and several participants in an effort to save the remnants of a significant immigrant community threatened by development down here. We understand that Mr. Silver has been convicted of serious corruption-related offences, and do not seek to excuse or condone them. But we ask that you take into consideration the whole person and consider leniency in your sentencing based on his many long years of representing his constituents and engaging in larger public policy in a dedicated and thoughtful way. At a time when we had few champions he worked personally to assure we had a place to move home to. Further, he used the considerable clout of his office to protect us, who were generally not campaign donors or otherwise influential, from the vagaries of living in the shadow of a massive and very well funded redevelopment site. .We are grateful for his help and have been inspired by his example of how an elected politician can have a positive effect on his constituents' lives. Sincerely,

KRBrooks Peter Davies

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Case 1:15-cr-00093-VEC Document 262-3 Filed 04/20/16 Page 6 of 13

• Much more recently we asked for help in fending off the Campus Security Plan that folded our block into a highly restricted zone around the WTC. Although we were unsuccessful in fending off many aspects of the plan we objected to, Mr. Silver was very supportive of our efforts and even started a task force to investigate the impact security measures would have on us. He invited representatives of all the agencies and departments plus resident representatives. He personally chaired those meetings, and again paid close attention to his constituents' needs. As we were all expressing our concerns to the authorities who developed the plan, he listened intently, then added a concern we had all overlooked-he was worried that we would be driven crazy by the constant sound of the raptors up and down up and down with the passing of every car on our streets. lt was a small detail, but it exemplified the level of empathy and personal concern he brought to representing his constituents. As it 1s being implemented, the Campus Security Pian has been modi tied because of his efforts. It would not be an exaggeration to say that Mr. Silver, personally and through his staff, encouraged our community involvement and, by his example, showed how thoughtful engagement in public processes can improve a community's life. Inspired in part by that experience, our res1dents now include a Community Board One member, a founder and former chair of a citizen oversight committee for the WTC Health Center, a president and organizer of World Trade Center Neighborhood Alliance, an officer of the 9/11 Environmental Action health outreach program, a historic preservationist actively involved in restoration of buildings damaged by 9/11, and several participants in an effort to save the remnants of a significant immigrant community threatened by development down here. We understand that Mr. Silver has been convicted of serious corruption-related offences, and do not seek to excuse or condone them. But we ask that you take into consideration the whole person and consider leniency in your sentencing based on his many long years of representing his constituents and engaging in larger public policy in a dedicated and thoughtful way. At a time when we had few champions he worked personally to assure we had a place to move home to. Further, he used the considerable dout of his office to protect us, who were generally not campaign donors or otherwise influential, from the vagaries of living in the shadow of a massive and very well funded redevelopment site ..We are grateful for his help and have been inspired by his example of how an elected politician can have a positive effect on his constituents' lives. · Sincerely, Dianne Bleil --------------------------------------DATE___________ KRBrooks Peter Davies

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Re: Sheldon Silver sentencing

from 125 Cedar Street

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January 4, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni: My association with Sheldon Silver began with my outreach to him in 1978 when I decided to seek elected office as a member of the New York City Council. As a co-religionist, a devoted family member, a lawyer and himself an elected official, I could think of no better person from whom to seek enlightenment about what it meant to engage in political activities. Shelly, as he was known by all, told me straight that as an elected office holder I had a sacred duty to serve my constituents, who could re-elect me, as well as the larger constituency of NYC. My service to NYC would manifest itself through my budget requests, the legislation I introduced and supported, and my attention to individual and community needs. Shelly strongly alerted me to the fact that being in politics was not like being on the board of an NGO. Politics, She lly advised, was the art of listening, understanding and making sure that whatever deal you agreed to on behalf of your constituents could withstand any legal chal lenges. "Be careful, he advised, the line between what is acceptable behavior and is not can often be very blurry. It may be very hard to distinguish sometimes between the two." I am aware that Sheldon Silver was convicted of corruption related offenses, however, knowing how concerned he was about the pitfalls in politics and the cautionary advice he gave me, makes me believe that the mistakes he made were tota lly without malice and that his sentence should reflect his long held view of respect for the law and should be lenient in its application. Shelly was the longest serving Speaker of the Assembly. Clearly not only did his constituents, who changed from 95% Jewish to 95% Asian, adore him, but they continuously re-elected a man of great compassion for his constituency and for the state at large as well as one who received tremendous respect from his colleagues in the Assembly.

Respectfully submitted,

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The Honorable Susan Alter Former City Council Member

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The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007

RE: Sheldon Silver

Dear Judge Caproni: I have been friends with the Silver Family for over 40 years, having first met them thru a business relationship with Jerry Silver. When I fust met him, he had a hardware supply company in downtown Manhattan called Nathan Silver Hardware, which was started by their grandfather. Thru this relationship, I met his brother Joe, who was a hand surgeon and Sheldon, who was an assemblyman from Downtown Manhattan. Over the years, I have worn many hats, a small business owner, Vice President of the Merchants Association in Sunset Park, trying to revitalize a commercial strip. I also served as Chairman of Opportunities for a Better Tomorrow, a public and privately funded organization, whose aim was to teach high school dropouts how to turn their lives around by teaching them how to work in the business world. In any of my endeavors, I was grateful to always be able to reach out to Sheldon for both his support and ideas for the future of any organizations that I was affiliated with. I knew that Sheldon's moral support and advice was just a phone call away. Whether it was advice on how to obtain funding for a group or help with a street naming, Sheldon was always there with his support. I am still proud to call him a friend and hope the court will view the good he has done throughout his career, and show leniency in his sentencing.

Sincerely,

Don Antoniello

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Yitzchak E. Ariel M.D. Infectious Diseases and Internal Medicine 901- 48th Street Brooklyn, NY 11219 (o) 718-986-9445 (f) 718-435-6188

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007

January 3, 2016 Re: Sheldon Silver Dear Judge Caproni, I am an Infectious Diseases physician for over a decade in Brooklyn and I would like to bring to your attention a particular, unsung act of kindness done by Mr. Sheldon Silver while in his capacity as Speaker of the NYS Assembly. While I am aware that Mr. Silver was found guilty of corruption related offenses, I also strongly feel that without his intervention my patient would not have received the best possible treatment available. My patient was an upper middle-aged man who unfortunately was deathly ill with a bloodstream bacterial infection that had lodged on his artificial heart valves (prosthetic valve endocarditis). He had been on every antibiotic that the hospital had on it's formulary and was not improving. I consulted with nationwide experts who suggested that I try a new antibiotic that was recently approved, although not necessarily for this indication. I was unable to convince the hospital to obtain this costly antibiotic. When I made mention of this to the patient's family , they were quickly able to get in touch with Mr. Silver's office and within a few days, the patient had the new antibiotic. He took the new antibiotic for two weeks and seemed to improve before succumbing a few months later to complications related to his infection. While I never met Mr. Silver, I sincerely believe that without his judicious intercession, my patient would have died months before he actually expired. His helpfulness and commitment to his constituents, the people of New York, are appreciated and remembered. I urge you to deliver as lenient a sentence as possible. Best Wishes for a happy and healthy 2016. Respectfully,

A â&#x20AC;˘

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January 19, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni: My name is Emily Armstrong. I have lived at 193 Orchard Street since 1971. I am an artist, filmmaker and archivist. I have always been active in my community doing things like starting a community garden and serving on my Block Association. My direct knowledge of Sheldon Silver stems from my work as the PTA President of two NYC public schools, The Neighborhood School and NEST+m. I fully understand that Sheldon Silver was convicted of corruption related offenses. In spite of that I can never forget the good work he did for my neighborhood, and especially our local public schools. I had many dealing with Sheldon Silver's office on issues related to the District 1 schools I volunteered at. Our PTA's called about everything from getting parking signs repaired, to advice on how to get our playground upgraded. When parents came to the PTA with housing problems, or health care problems, or problem with an elderly family member we always told them, "Call Sheldon, his office will help". One particular event stands out which happened when I was the PTA President at NEST+m. NEST+m was designed to be a K-12 gifted and talented school, something unheard of in the Lower East Side. In 2006, the school had almost grown to full K12 capacity, a milestone that was planned to happen in 2008. Suddenly without foreknowledge, NEST+m was told that a charter school was to be co-located in the building. The NEST +m community was up in arms, we held demonstrations and filed a lawsuit. There was not enough room in the building for a K-12 school AND an additional elementary school! Things were getting really heated. Then Speaker Silver came to NEST+m and met with representatives of all parties, including Chancellor Klein. Many questions were asked and data and information presented. The parents were able to present their case. It was clear there was no room in the NEST +m building for the charter school.

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Following that meeting the Department of Education changed their plan and had the charter school locate to the Tweed Building. 1971, when I moved to Orchard Street, was a long time ago. Even back then, when my neighborhood was an ignored part of Manhattan, I was aware of Assemblyman Silver as a person who cared about the neighborhood. In the 80's when we started our family I became more aware of him and noticed how he seemed to be everywhere. At street fairs, meetings, and school events, he had a calm presence and was open and accessible to his constituents. People really felt that the neighborhood was in good hands. Please consider Mr. Silvers decades of community improvements and good work in your decision about him. Also, I am no expert, but I imagine the health of a person of that age would suffer greatly if incarcerated. In light of these considerations I would ask that you deliver as lenient a sentence as you can. Thanks for taking the time to read my letter. Thank for your service and good work as a United States District Judge. Yours truly,

Emily Armstrong

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March 9, 2016

The Honorable Valerie E. Caproni United States District Judge

Bath Maine 04530

Southern District of New York

40 Foley Square New York, New York 10007

Re: Sheldon Silver

Dear Judge Caproni: My name is Stephen August and I was a fact witness for the prosecution during the trial of Sheldon Silver. I worked for the New York State Assembly for over 25 years, retiring in 2009. I served the Assembly as staff to the Ways and Means Committee, first as Deputy Budget Director from 2001-2005 and then as Budget Director from 2005- 2009 . Just prior to retirement I was senior advisor to the Speaker for health issues. In my capacity as a member of the Assembly senior staff, I often worked directly with Mr. Silver in various ways to advance the Assembly's legislative agenda . Given my participation in this case, I am aware of Mr. Silver's conviction and understand the seriousness of the crimes of which he has been convicted. I have known Mr.Silver for several years. Our contact was largely focused on the development and negotiation of the state's annual budget. I have had the opportunity to watch him interact with state leaders, his colleagues from the Assembly Democratic Conference, advocates of various interest groups, and industry representatives. In all these interactions, I believe Mr. Silver acted with integrity and exhibited a deep, consistent commitment to issues that he felt best served the public interest. He accomplished many things in his tenure as Speaker that I believe have improved the lives of New Yorkers in areas such as access to housing, education, health care services, programs for the elderly, and mental health services. I believe he acted out of a conviction that government is a positive force in society and was mindful of how his actions, and those of the Assembly, affected New Yorkers. Perhaps no better example of that was Mr. Silver' s critical support for legislation that resulted in un iversal Pre-K in New York in 1997. Although our relationship was centered on work, I found him very kind and understanding. He had a range of interests that he was often willing to discuss, particularly his favorite New York sports teams. He understood that working in the Assembly was demanding and he cared about his staff and

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appreciated the effort they made. After the death of a member of my family, Mr. Silver spoke with me and it was the length of time that he spent that expressed the extent of his caring. These comments reflect my sense of Mr. Silver. I hope that the Court will deliver as lenient a sentence as possible. Sincerely,

Stephen August

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April 1, 2016 Honorable Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Dear Honorable Caproni, I hope this letter finds you well. Your honor, I feel compelled to write this letter on behalf of Sheldon Silver, who was my boss for over 20 years. I was shocked and saddened to learn that Mr. Silver was charged with Federal Corruption charges, later tried and was subsequently found guilty. I have been blessed to have had the rare privilege to work for 5 Speakers spanning a period of 38 years; with the NYS Assembly. The last being Sheldon Silver. Not only did I work for him, but I worked with him. During my working relationship, I observed a dedicated, Brilliant, skilled and compassionate legislator, who was passionately committed not only in serving his constituents but also the people of the state of New York. He has also been a fighter and fierce advocate for the needs of the poor, a champion for quality education for all children, affordable housing, etc. He worked tirelessly and was instrumental in the rebuilding of lower Manhattan and it's surrounding neighborhood following 9/11 terrorist attack to where it has flourished beyond expectation. Sheldon Silver is a people person, while displaying humility and comradery with his staff. Mr. Silver was extremely devoted and polite. He made our office a comfortable place to come to each day and work. He showed us the true meaning of team work ... His disposition allowed him to be inviting to his staff in need of his assistance because he always made us feel comfortable to talk to even though his position required a great deal of his time. I can recall experiencing two of the most devastating personal tragedy, two of which were the lengthy illness and the death of my husband of over 47years and the unprovoked brutal assault of my fifteen year old granddaughter. "Shelly, as Mr. Silver is affectionately called extended compassion, support and understanding at a time when I needed it most. Mr. Silver, who has for most of his life, worked fervently, was dedicated and committed as a public Servant--A position he took very seriously in his effort to enhance the quality of life for the people of this great state. Your honor in closing, I am humbly pleading with you and the court to take into consideration not only all the good he has done in serving the people of the State of New York and because this is his first offense and in light of his age, that he be given probation rather than incarnation. Your honor, everyone desires a second chance. Thank you so much for taking the time to review this letter. Respectfully yours, Patricia Belk

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BERGENFIELD, NEW JERSEY 07621-3912

January 29, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 Dear Judge Caproni: My name is Jerald Berger. I am a certified public account. It has been my privilege to have been friends with Sheldon Silver and his family for over fifty years. Sheldon was my first basketball coach during my elementary school years. He subsequently became my assemblyman. Sadly, I have watched the events of Sheldon Silver's investigation, indictment, trial and 路 conviction unfold. I feel compelled to write a letter to you on his behalf asking for your honor to show kindness and mercy towards him. While I understand the seriousness of his situation, I believe it should be weighed against the many years of his devotion towards his constituents, indeed all the people ofNew York State. He is an outspoken advocate on behalf of the poor, as well as one of the prime defenders of those of the Jewish Faith. Shelley, as I know him, is a wonderful family man. He was a devoted son to his parents, he is a wonderful husband, father and grandfather. The sacrifices his family has made over the years, with his constant absences while in Albany as well as nightly when dealing with Assembly business is indescribable. In spite of which, Shelley was always available to his constituents when needed. Shelley has always been a strong and proactive advocate for the Jewish community. One of the most vexing problems of the Jewish faith has been the issue of the Agunah (a woman whose husband refuses to give her a Jewish divorce -'get' - thus preventing her from remarrying). The many different mainstream Jewish groups all agree that the Agunah issue is one of the great injustices ofthe Jewish faith, but they could not agree on an acceptable methodology of resolving this issue. Shelley, over the course of a number of years, was able to navigate among the leaders of these organizations to get them all on board supporting a bill that he proposed. I myself have a niece who suffered for ten long and painful years before she received her 'get'. Shelley's 'get' bill might have alleviated her suffering. The entire Jewish community will forever be grateful to him for his efforts. This is but one of a multitude of major accomplishments he has achieved. He is very well admired for work on behalf of the elderly, tenants, and minorities.

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I humbly request your Honor extend whatever limit of mercy and leniency you can in his upcoming sentencing. The disgrace of the trial leading to his forced resignation from the Assembly, a seat he held for decades, and the shame he must feel will be a daily burden he and his family must bear for the rest of his life. I thank you in advance for taking the time to read my letter and your kind consideration. Sincerely,

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BERGENFIELD, NEW JERSEY 07621-3912

February 24, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I, Sara Berger, am a retired Certified Public Accountant. I write this letter knowing that Mr. Silver was convicted of corruption related offenses. I have known Mr. Silver (Shelly to all) for 45+ years. I lived in his assembly district for 12+ years. I know Shelly personally as a great family man and loving and caring husband, father and grandfather. The respect and care he shows his mother-in-law and always showed his parents is an indication of his innate responsible and true nature. In all the years he was in public service he maintained a humble demeanor. Shelly was always available and accessible to all. Shelly and his wife Rosa would always host a Kiddush (a time to get together, eat, and celebrate a Jewish festival) once a year and invite the community. Believe me, this was not an easy undertaking with literally hundreds of people roaming their (quite small) apartment. The Silvers were very gracious in their need to ' give back' to their friends and constituents. Many years ago, there were not many programs for working mothers. Shelly helped strengthen the Educational Alliance which served the community. The Edgies (as we fondly called it) was a life saver for me. The programs he supported and backed made this working woman's life that much easier. I know Shelly in his professional capacity as an individual you could reach out to and get help. When I lived on the lower east side of Manhattan and we were being robbed by a former member of the community we called Shelly (and the police of course). Shelly took action immediately and the individual was apprehended. When my great nephew was kidnapped by his father (domestic dispute) Shelly took action immediately and a peaceful compromise was reached.

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Even after we moved to New Jersey, and we needed help with a death (in New York) and the need for immediate burial (a Jewish requirement) we called Shelly. Shelly took action immediately. I could go on and on but the Court has many responsibilities and demands on its time. Accordingly, I respectfully request the Court to consider all the kind and good deeds Shelly Silver performed, and deliver as fair and lenient a sentence as possible. Sincerely,

~~ Sara Berger

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March 4, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re:

Sheldon Silver

Dear Judge Caproni: My name is Tracey Brooks, I am an attorney in Albany, NY. In 2002, shortly after joining the bar and a private firm, I had the exciting opportunity to run for the state Assembly, th en t o work for the Assembly, on to th e United States Sen at e, run for Congress and to achieve the highest position in women's reprodu ctive health movement in New York State before returning to private practice. My career path and successes are in great part to the commitment that Sheldon Silver has to the women of the state of New York, and the support he provid ed me. I am aware that Mr. Silver has been convicted of co rruption and related offenses. I have worked for and with Mr. Silver; it has been a rewarding ca reer for me to do so with a man of great integrity, loyalty, personal commitment to public service, and who believes that government has the ability and obligation to work for the people. Mr. Silver believed in me and my candidacy. He w as committed to having more women in elected offi ce, understanding t hat it was good for government, and he was steadfast in making it a rea lity. In 2002 there was no reason for Mr. Silver to have turn ed an eye to the Assembly race in the Capital Region t hat I was involved in. It w as held by an incumbent from the other side of the aisle for a decade, and he had served in elected office for over 30 years. Mr. Silver's support came ea rly in the process and was unwavering. Although the race was unsuccessful, the effort was highly successful. The support I received from Mr. Silver early on in the race provided legitimacy for me as a ca ndidate that has carried

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throughout my career, far beyond 2002. In 2004 there were all expectations that I would run again, however within a week of launching my campaign, our family wa s struck with a health emergency. I immediately called for a meeting with Mr. Silver to explain, and with much trepidation, I needed to withdraw from the election cycle. At this point Mr. Silver had been preparing for my race as well and I was uneasy with the decision I had to convey. When we spoke, there was not a moment of hesitation nor a stutter step in his support of me as a person, not just as a candidate. The commitment and loyalty he had for me; for his entire team, the generosity of personal support in a difficult time, is the hallmark of a true leader who leads through example. Mr. Silver has been a professional friend, mentor and someone whose opinion not only matters to me but is sought out by me. I have had the wonderful opportunity to not only work with Mr. Silver as a member of his team, but I have had the opportunity to work with him as an advocate while I was the President and CEO of one of the largest women's reproductive health care advocacy organizations in New York. My first meeting with Mr. Silver in this position is unforgettable. He was very complimentary on my achievement, coming off a run for Congress wherein Mr. Silver had been again an early supporter and believer in my candidacy, assuring me that my new position was a perfect move professionally and personally for me. It is his consistent support and his personal words of encouragement that have been so notable, appreciated and impactful. In my new position Mr. Silver and I were able to work together. He is an outstandingly tireless champion and advocate for the women of New York. Whether it was hea lth care, educational opportunities, safety and integrity of women, eco nomic opportunities to level the playing field, housing, the ability to borrow money without added barriers, and the list goes on, the body of policy that Mr. Silver made a reality in his tenure is unprecedented. For the time he lea d the Assembly during Governor Pataki's leadership, Mr. Silver held the line, singlehand edly, to prevent backward slides and negotiate forward progress. It has been beyond a pleasure to work with Mr. Silver, and it has been a rewarding career for me to do it with a man of great integrity, loyalty, personal commitment to public service, and who believes that government has the ability and obligation to work for the people. Without the leadership qualities of Mr. Silver, women candidates like me (and there have been many since me) would never have had the chance to serve the public, and women who live in our state would not have had the resources and opportunities to make the decisions that keep them and their families safe, to be mobile in th eir careers, and to be part of the economy that truly brought back the state of New York after the economic down turn- a small business owner.

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Mr. Silver's leadership has taught me, guided me and launched my career. I will be forever grateful to him for the real difference he has made for me, for his public service and for his professional friendship and guidance. I would ask that your Honor consider as lenient a sentence as is appropriate.

Case 1:15-cr-00093-VEC Document 262-4 Filed 04/20/16 Page 9 of 9

Esther and William Buzzini

Flushing, NY 11367

February 24, 2016

To whom it may concern,

I am writing this letter on behalf of Sheldon Silver. As the granddaughter and grandsonin-law of a founder of Ohel Children's Home and Family Services, Mr. Max Wasser, I have seen the impact that he has had on many children's lives. He helped Ohel receive government funding at a time that it was really needed. Sheldon Silver has helped many other institutions in our community and has helped many people better their lives.

Thank you ,

Esther & William Buzzini

Case 1:15-cr-00093-VEC Document 262-5 Filed 04/20/16 Page 1 of 7

RONALD CANESTRARI

Febt;uary 4, 2016 Honorable Valerie E. Caproni United States District Judge Southern Distl'ict ofNew York 40 Foley Square New York> NY 10007 Dear Judge Caproni: I am writing on behalf of Sheldon Silver whom I have known for about 30 years, having served with him in the State A~sembly for 24 years before I retired 3 years ago.

Throughout his years as an Assembly Member and as Speaker he was motivated by a desire to help those most in need. Having chaired the Assembly Committee on Higher Education, I know firsthand of his ability to legislate on issues affecting the people of this -state. He championed the.Tuition Assistance Program that provides financial assistance as you may know, for students to obtain a higher education degree. He worked with me to start a statewide program to assist private colleges and universities to obtain state funding on a matching basis for capital constwction projects. He of course acknowledged our primary goal of assisting the State University System and the City University System ofNew York as public entities but also believed the state has the resources and we the legislature, could assist private colleges as well. He led the fight to keep Pre-K education in the state and to restore important progmms when various Governors did not provide or reduced sufficient resources fo1路 the pr路ogram to assist people in need. He of course, was a leader in the programmatic activities including Health, Human Services. and never lessened his detem1ination to bring about meaningful change for the people of this state. I wanted to bring this matter to your direct attention and to express my opinion as a former Majority Leader as to the contributions made by Sheldon Silver throughout the years. Sincerely,

/Lv~~ Ronald Canestmri

Case 1:15-cr-00093-VEC Document 262-5 Filed 04/20/16 Page 2 of 7

LAW OFFICES OF ANN-MARGARET CARROZZA 213-38 40th AVENUE • BAYSIDE, NEW YORK 11361 TEL (718) 224-4746 • FAX (718) 224-4794 ANN-MARGARET CARROZZA DEBRA A. KRUPER 0LGARUH JAMIE L. WOLF MAUREEN WYNNE

April 12, 2016 Judge Valerie Caproni United States Courthouse 40 Foley Square New York, NY 10007 Re: Sheldon Silver

Dear Judge Caproni: I appreciate the long hours and careful attention to testimony paid by the jurors who served on this case. By extension, I respect their verdict. Prior to imposing a sentence, however, it is my hope that you will give due consideration to the many extraordinary and lasting contributions that Sheldon Silver has made to the people of the State ofNew York. I hope that you will also give consideration to his human qualities and potential to contribute so much more to our society in the years ahead. I have known Sheldon Silver for more than 20 years, and had occasion to work closely with him during my 14 years as a member of the NYS Assembly (1997-2010). During this time, I have never seen him treat anyone in a less than honorable fashion. I have always found him to be fair, generous, humble and respectful of others. I feel that I had a first-hand glimpse into his character, on those occasions when we disagreed on legislation. As Speaker of the Assembly, it was Shelly's role, to garner as many votes as possible for measures that would come to the floor for a vote. To accomplish this, Shelly would utilize his considerable legal acumen and persuasive powers to encourage would-be dissenters to support a given measure. I had numerous opportunities to be part of these one-on-one sessions. Without exception, when I told Shelly that I couldn't support something as a matter of conscience, he would say, 'I would never ask you to do something that violates your moral compass'. This is where the discussion would end. I came away from each and every encounter with this man, impressed by his high degree of integrity and moral character. As a practicing Trusts and Estates and Elder Law Attorney, Shelly would occasionally refer his clients and constituents to me. Having been in practice for more than 20 years, I do receive many such referrals from fellow attorneys. Shelly, however, was among a very small minority of referring attorneys who never requested or hinted at a desire to receive a referral or co-counsel SUFFOLK OFFICE: 701 MAIN STREET, Pr.JEFI'E!lS0;-.1, N EW YORK 11777 • TEL (631) 642-1570 FAX (631 ) 642-1574 NASSAU OFFICE: 147 G LEN STREF:T, GLEN Covr., l'o.: y 11542 • TEL (516) 741 -7870 r:Ax (718) 224-4794

www. myelderlawattomey.com

Case 1:15-cr-00093-VEC Document 262-5 Filed 04/20/16 Page 3 of 7

fee. I remember on one occasion asking if he wished to participate in the case thereby earning a fee on the matter. He dismissed the notion out of hand and told me that he was only interested in me taking very good care of the people he sent over. Over the years, I spent countless hours in private Democratic conference, and can attest to the passion and tenacity with which Shelly would advocate on behalf of our state's most vulnerable citizens. From Universal Pre-K to Marriage equality, Sheldon Silver has been a champion for those who needed help. I know with every fiber of my being that Sheldon Silver is a good person who now finds himself in the most difficult of all situations imaginable. I truly hope that you wi ll see fit to allow mercy and compassion to temper the sentence that you see fit to impose.

Case 1:15-cr-00093-VEC Document 262-5 Filed 04/20/16 Page 4 of 7

1/12/16 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007

Re: Sheldon Silver Dear Judge Caproni: When I was the PTA President of PS 150 in the spring of 2013, the Department of Education (DOE) informed our community that our small choice, public elementary school would be renamed and relocated to Chelsea in the 2014/15 school year. This shocking announcement was not received as the DOE expected, we parents banded together and fought. After winning the support of Community Board 1 (CB1), we turned to our elected officials. Working closely with Assemblyman Sheldon Silver and others, a small band of PS150 parents pressed the DOE to reconsider their plans to move the school outside of CB1. While there were many moments during our summer long fight, I will never forget Sheldon Silver at the last Overcrowding Task Force Meeting of the school year. With senior DOE staff members in attendance, Sheldon Silver proclaimed that downtown children should not be bused up to Chelsea. He made it clear that downtown overcrowding was the real problem. The DOE needed to find another way. Just a few days before the school began in the fall of 2013, we got the news that PS 150 was off the chopping block and would remain downtown. Our appreciation to our elected officials, the local press, our community and parent supporters was overwhelming . There is no doubt that as Chair of the Overcrowding Task Force, Sheldon Silver's support and very public comments were invaluable in our fight. A year later, PS 150 was named a National Blue Ribbon School. PS 150 was one of 337 schools from 47 states and one of just 18 schools both public and private in New York State to be so honored in the fall of 2014. One of my first calls when I heard the news was to Sheldon Silver's office. He and the other elected officials didn't have to intervene against the DOE, but they did and that made all the difference for the kids of PS 150. Realizing that the problem of downtown overcrowding was not going away, we parents started a group called Build Schools Now. Sheldon Silver invited Build Schools Now to attend his Overcrowding Task Force meetings and allowed us to present our possible school site findings at the December 2014 meeting. Sheldon Silver continued to press the DOE to site another school in CB1 up until his conviction. I do not wish to tell you how to proceed in the very difficult job of sentencing . I just wanted you to know that Sheldon Silver was a tireless advocate for downtown public school families. His leadership in this area is dearly missed.

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January 3, 2016 Hon. Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: My name is Fei Chen. I am an employee at Gouverneur Health, and I was formerly a cook at Nom Wah Tea Parlor on Doyers Street in Chinatown. During my time at Nom Wah Tea Parlor, Sheldon Silver, our former Assembly member, was a frequent visitor. I also remember seeing Sheldon Silver at many community events in the Lower East Side, which provided me assurance that his district office was always available to us. I have known Sheldon Silver for over 10 years. Sheldon Silver is a vital supporter of the community. His funding to organizations such as Gouverneur Health and others has helped many, especially low-income people. I appreciate how much the Lower East Side community has been able to sustain its vital services and thrive because of Silver's help. I know that Sheldon Silver has been convicted, but please consider his kind personality and his support to the community. Thank you for your time and consideration. Sincerely,

FeiChen

Case 1:15-cr-00093-VEC Document 262-5 Filed 04/20/16 Page 6 of 7

New York, NY 10075 January 6, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni, For over four decades, I served as the clirector of an afterschool program under the Chinese American Planning Council My program aimed to serve and provide enrichment and educational programs for low income and immigrant families of the Lower East Side- Chinatown area. Through my work, I have come to know former Assemblyman Sheldon Silver for twenty plus years. The alumni, parents, community and myself have deeply appreciated the contributions and effort he committed to support the afterschool and daycare programs of the Lower East Side throughout the years. I still remember distinctly, the speech he gave at one of Chinatown's biggest rallies in effort to reverse the city's plan to close down the afterschool and daycare programs for low income families around four years ago. His words and appearance touched many. Without his support, the programs may have been discontinued and the children would be without any educational and recreational help. And without adequate supervision, they may venture out onto the streets of New York by themselves. Till today, many people still appreciate the devotion and support Sheldon Silver showed towards the low income families of the Lower East Side. Therefore, though I know he convicted serious offences, I ask you for leniency in sentencing him. All and all, he has done and supported low income families a great deal. May You have the Very Best Throughout the New Year,

Retired Director of Confucius Plaza Daycare Center

Case 1:15-cr-00093-VEC Document 262-5 Filed 04/20/16 Page 7 of 7

GRISEL CINTRON NEW YORK NY 10002

The Honorable Valerie E Caproni United States District Judge Southern District of New York 40 Foley Square New York NY 10007

Dear Judge Caproni; 1

I Grise! Cintron have worked closely with Mr. Silver as the elected Assembly in the 65 h district which I live and serve. As an active member of the community, currently the Resident Association Vice President of Vladeck Houses with a population of 1,773 units, I've had numerous opportunities to work with Mr. Silver under various circumstances over the past 15 years, in identifying and allocating funding in the areas the community needed most. Mr. Silver a lifelong resident of the community as am I has exemplified genuine concern for the constituents and the needs of the community in identifying and allocating funding where it wa s most needed, always taking the time to listen to the concerns of the constituents, never rushing always attentive and responded to our concerns. Mr. Silver has always demonstrated leadership, in both as our elected and as a member of the community. This is the Sheldon Silver I worked with, met with and thanked for always ensuring his constituents programs and needs were always his priority. I understand Mr. Silver was convicted of corruption related offenses, and I understand the seriousness of this situation, however it is also important for you to understand how valued Mr. Silver is in our community. In conclusion, I hope you will consider this letter of support for Mr. Silver, I ask the court to please consider a lenient sentence. I thank you or your time and consideration,

Respect!~~ Grise! Cintron

Case 1:15-cr-00093-VEC Document 262-6 Filed 04/20/16 Page 1 of 14

CHUCK DELANEY

January 28, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver

Dear Judge Caproni, I moved into a rented loft on Pearl Street in 1975. Sheldon Silver became the member of the Assembly representing my neighborhood in 1983. In 1977, I was one ofthe four loft tenants who founded Lower Manhattan Loft Tenants, which successfully fought for the rights of tenants, mostly artists, who lived in loft buildings that lacked a residential Certificate of Occupancy. This resulted in the New York State legislature passing the Loft Law (M.D.L. Article 7-C) in 1982. I have been the sole tenant representative on the Loft Board, which was created by the Loft Law, since 1982. To be clear, I am writing this letter as a former constituent of Mr. Silver who worked with him as a resident of the district he served and as a tenant organizer, not in my capacity as a very part-time public official. I am aware of the serious charges on which Mr. Silver has been convicted. As you consider his sentence, I am writing to relate my numerous dealings with him over more than thirty years and to highlight the loyalty and help he provided to the loft tenant community over that period. Because the Loft Law was originally adopted with a sunset date, it became a bargaining chip for many years in the period from 1992 to 201 0 when it was finally made permanent. Mr. Silver became a key advocate for loft tenants in 1992, when the law was frrst due to sunset. After he became Speaker in 1994, renewal of the Loft Law was routinely "held hostage" by the state Senate during extended budget negotiations because it was viewed as leverage over Mr. Silver.

Case 1:15-cr-00093-VEC Document 262-6 Filed 04/20/16 Page 2 of 14

Letter to Judge Carponi

Page2

When this "hostage strategy" was first revealed by the press, loft tenant organizers knew that it wasn't even true. Though he had come to our aid in 1992, his district actually contained only a small number of loft tenants. At least two other Assembly districts had much larger loft populations. When I had the opportunity to discuss this with Mr. Silver and his staff, he acknowledged that he knew that, but that he felt sticking up for us with "the right thing to do." With all the other issues in his district, he took this one on even though we didn't represent a significant voting bloc. In 1992 and 1996 the Loft Law was renewed numerous times, sometimes for just a week or a few days, while budget negotiations dragged on. In 1999, it was actually allowed to expire for a short period of time during a particularly contentious legislative season. I received a call from Mr. Silver around 11pm on the day in July, 1999 when the law was going to expire at midnight. From his office in Albany he wanted to discuss what he saw as the likely progression of events, since he was in a position where the Loft Law would have to be allowed to expire because negotiations were at an impasse. He knew that the tenant leadership was familiar with this "on the brink of going over the cliff' drama. He was more concerned with how other, less informed tenants would view the temporary lapse of the law. I told him that we would work with our members to reassure them. I thanked him for taking the time to call me in the midst oflate night negotiations. "That's OK," he told me, and then asked, "Guess what I'm doing?" He paused for a second, and then answered his own question, "I'm eating lunch." I share this story because it highlights the intensity, stress and strain of the way Albany functions. Particularly during the period when the budget negotiations would drag into July or August, way past the April 1 deadline, legislators and staff members were often up most of the evening in late-night negotiation sessions. Tempers flared. Mr. Silver was often demonized in the tabloids, though it didn't seem to bother him. Throughout those years, Mr. Silver was available to us either directly, when necessary, or through staff members. Communication was always clear and accurate. As I'm sure other individuals will share with you, Mr. Silver and his staff have been incredibly helpful to the Lower Manhattan community over these many years. Through hard times, such as September 11, 2001 and Hurricane Sandy, his office has been responsive. Lower Manhattan has schools and other amenities that wouldn' t exist without his efforts. Thank you for taking the time to read my letter.

Case 1:15-cr-00093-VEC Document 262-6 Filed 04/20/16 Page 3 of 14

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni: My name is Wallace Dimson and I am President ofthe Board ofDirectors of Southbridge Towers Inc., a 1,651 unit cooperative in Lower Manhattan. I have served as president of the Board since May 2007. During that time I have had a number of personal and professional interactions with Mr. Silver relating to constituents services affecting Southbridge Towers and Lower Manhattan. I am aware that Mr. Silver has been convicted of corruption related offenses and while I understand the seriousness of these offenses, I would like you to be aware ofhow diligently and faithfully he was worked to address and resolve significant issues relating to Southbridge and Lower Manhattan. These issues and concerns are as follows: •

In the aftermath of Hurricane Sandy Mr. Silver personally delivered food supplies to Southbridge during the time before power was restored. Southbridge residents were most appreciative of the empathy and concern that was demonstrated by this gesture.

•

Mr. Silver was also instrumental in cutting through bureaucratic red tape with Con Edison to facilitate the restoration of power to the development. At the time, power had been out for half of the development for a full week.

•

Mr. Silver has been highly effective in facilitating the construction of new schools in Lower Manhattan through his School Overcrowding Task Force. As a result of his efforts there are now two new schools within one block of Southbridge. During the 1980' s when my daughter was in elementary school, the nearest public schools were in Chinatown, almost a mile away from Southbridge.

•

Mr. Silver has been instrumental in maintaining the Southbridge Adult and Senior Center by assisting in the acquisition of grants from the New York State Office for the Aging (SOFA). Southbridge cooperators are original residents who moved to Southbridge in the 1970's. The center provides classes, activities, and opportunities for social interaction.

Case 1:15-cr-00093-VEC Document 262-6 Filed 04/20/16 Page 4 of 14

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Mr. Silver has always been responsive to everyday issues such as rat control and dangerous street conditions. As a result of his efforts new traffic lights were installed on Gold Street and Beekman Street to better protect pedestrians who cross at those intersections. Most importantly, he was extremely helpful in insuring the police department was responsive when security concerns emerged.

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Mr. Silver has been attentive to providing more green space and parks in the area adjoining Southbridge Towers. He was most helpful in the process by which Southbridge sold a parcel of land to the City in exchange for the construction of DeLury Plaza Park. Through his efforts the Pearl Street playground was expanded and a dangerous pedestrian intersection eliminated.

I am hopeful that when imposing sentence you will take into account the good works that Mr. Silver has done for our community and will deliver as lenient a sentence as possible. Thank you for your consideration in this matter.

0;;e: ~ Wallace Dimson President, Southbridge Towers Board ofDirectors

Case 1:15-cr-00093-VEC Document 262-6 Filed 04/20/16 Page 5 of 14

COLUMBIA UNIVERSITY I N THE CITY OF NEW YORK SC H OOl OF I NTE RNATIONAL AND PUBliC AFFA I RS DAVI D N . D INKI NS

January 28, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re : Sheldon Silver Dear Judge Caproni : I have known Sheldon Silver for over thirty years due to ou r overlapping careers of public service in New York City. Mr. Silver has shown himself to be a person of integrity, committed to working in partnership on the side of New York City's citizenry. He demonstrated support for my goals for New York City, collaborating with both of my administrations -first as Manhattan Borough President (1986-1989}, and during my time as Mayor of the City of New York (1990-1993) . Most notably, legislative support from Sheldon Silver's office helped us enact our renowned Safe Streets, Safe Cities: Cops & Kids criminal justice/education program ; and successfully secure the 99-year contract that kept the US Open in Queens. That US Open deal continues to generate more annual financial benefits to New York City than the Yankees, Mets, Knicks, and Rangers combined. While I understand the weight of the corruption-related offenses the loss of freedom Mr. Silver faces in the years ahead, I respectfully request leniency in sentencing. Many of us are hopeful that a lenient sentence might again encourage Sheldon Silver to contribute in some fash1ori toward the greater good of our city and then regain some measure of the high regard he enjoyed as a public servant. Thank you for your consideration of this letter of support. Sincerely,

David Dinkins 106 1h Mayor of the City of New York Professor in the Practice of Public Policy

420 West !18th Street 2 12-854-4253

Suite 1429-30

Fax 212-854-425 0

New York, NY I 0027 dd98@columbia.edu

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March 1, 2016

Dear Judge Caproni, My name is David Dinter. I have a Bachelors in accounting from Touro College, however, rather than going into my field of accounting I have chosen to teach special children through the NYC Title 1 Program. I have been doing so for the past seven years. I have known Mr. Silver all my life as we live across the street from each other on the Lower East Side of Manhattan. Although I am aware that Mr. Silver has been convicted of corruption related offenses, I would like the court to be aware that Mr. Silver has done much good for our community as a whole and my family specifically. For example, when my grandmother fell down a flight of stairs and suffered a broken leg and back, her Dr. recommended that the best and possibly only rehabilitation center that could help her was the Jewish Home and Hospital Rehabilitation Center. When we attempted to get her admitted there, we ran into many difficulties and they turned us away. We contacted Mr. Silver to see if he could help us in our time of need and he was able to get my grandmother admitted immediately, which was crucial for her recovery. A few years ago my late brother who was suffering from colon cancer was being treated at Hackensack Medical Center. We were advised by the Dr. there that he will not continue treatment anymore at Hackensack. Dr. Hirschout, who was my brother's primary oncologist advised us that if we were able to get my brother transferred to Mt. Sinai, he would be able to continue. However, Mt. Sinai refused to accept my brother as a transfer because they felt it would be a financial burden on the hospital, rather than considering that my brother's life was at stake. We contacted Mr. Silver and explained to him the grave situation and he arranged for my brother to be admitted to Mt. Sinai so my brother could continue his battle against cancer. I know there are countless people who can relate how Mr. Silver helped them in similar says in their greatest times of need. In light ofthis I would respectfully ask the court to keep this in mind when sentencing Mr. Silver and giving him the lightest sentence as legally possible. Sincerely, David Dinter.

NY 76086348vl

Since 1910

Case 1:15-cr-00093-VEC Document 262-6 Filed 04/20/16 Page 9 of 14

Local 1000 AFSCME AFL -C/O

Danny Donohue

Denise Berkley

President

Secretary

Mary E. Sullivan

Bill Walsh

Executive Vice President

Treasurer

******** March 8, 20 16 The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: This letter is in regards to the sentencing of Sheldon Silver. I would like to take this opportunity to let you know about my relationship of twenty years and counting with Shelly. I am the President of the Civil Service Employee's Association, a union of public sector and state and local government workers in New York State. I first became President in 1994 and first met Shelly the following year when Governor Pataki took office. It was a year of proposed layoffs, closures of facilities, de funding of both state and local government jobs. It was a year of attacks on working people and tax cuts for the wealthy. I found a strong advocate in Shelly Silver that year and for many years to come. Not only did Shelly offer his full support to the CSEA, he staked out his position publically and fought for the workers. He was steadfast in his support of working families and he led the fight for fairness in his conference. Shelly never wavered and he didn' t give up. He stood shoulder to shoulder with the CSEA and other unions and he saved thousands of families grave hardship that would have resulted had they lost their jobs. This is just one instance of Shelly's support for workers. He saved countless layoffs over the years. At the same time he fought to improve the lives of our workers. He fought to save and enhance pension benefits for our members. He fought and maintained and improved workers compensation benefits as well as unemployment benefits. He fought every day for increased minimum wages for low income workers. Shelly was always at the forefront for working families and we came to rely on him. He didn't let us down. On many occasions, Shelly had the opportunity to speak to our members and he never failed to thank them for all they do for the state and the local governments. He respected the work of our members and his actions showed it.

CSEA, Inc. • 143 Washington Avenue, Albany, NY 12210 • 518-257-1000 • 1-800-342-4146 www.cseany.org ~_,..~

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March 8, 2016 Page 2

For the past twenty years Shelly stood shoulder to shoulder with the workers of our great state. He was a tireless advocate and a man that all of the labor movement was grateful to have on their side. CSEA was and is fortunate to call Shelly our great friend.

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~Danny~hue

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G.elson Frank Durant New York, NY 10002

Work 212-979-1480 Home February 11, 2015 The Honorable Valerie E Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Your Honor, I am writing on behalf of Mr. Silver and understand that he was convicted of corruption related offenses and will shortly be sentenced. I am relatively new to the Lower Eastside and currently work managing a large apartment complex with 80 employees and near 6,000 residents in Seward Park Housing Corp since May of 2008. I had worked in Management for 24 years prior in an Upper eastside cooperative. Two very different worlds in terms of Management, the current one is a very diverse community that has lots of young families moving in, while about 50% of the population are original tenants, many of which are elderly and on fixed incomes. Our co-op as well as others on Grand Street are a part of a NORC( Naturally Occurring Retirement Community) which has been a consistent leader in delivering community and home based services to many of our seniors in need many of which are frail and elderly residents. For over twenty years it is my understanding that Mr. Silver has been a great supporter of, I know because of my interactions with the many shareholders that use their services and my constant calling for them to help some of our more disadvantaged shareholders. I have found it necessary to reach out to Mr. Silver and his office on many issues and safety concerns that have affected our community such as Superstorm Sandy, which for 11 days our co-op had no heat, hot water or electric, over 6,000 residents affected, he & his office helped with food deliveries as well as had national guard members help deliver water and food door to door to many of our elderly and bedridden residents. Mr. Silver led the charge when the DOT changed the traffic patterns going to the Williamsburg Bridge causing traffic and potential safety issues for our residents and children crossing to get to work, school or to the nearby grocery store.

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He also stood outside our local post office to protest the closing of it, which would have inconvenienced a community that depended on that small post office as a lifeline to the outside world. There is much more he has done during the last (8) years I have been In this community that I am personally aware of. I have heard of the many stories from many Lower Eastside residents that tell me every day the positive impact he has had on their lives and within this community. I do not know Sheldon Silver personally, I am an outsider of this community and have met him only several times in the (8) years while at many of the events that I mention In this memo, but I can truly say that each time I did meet him, he seemed to truly want to help his fellow neighbors and constituents in his beloved Lower Eastside community. Yours Truly

Gelson Frank Durant

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A lliancc for Quality Education 94 Central Ave., Albany, NY 12206 518-432-5315 March 8, 2016 The Honorable Valerie E. Caproni United States District Judge Southern Di strict of New York

40 Foley Square New York, NY 10007 Dear Judge Caproni: My name is Billy Easton and I am the Executive Director of the Alliance for Quality Education, a statewide non-profit organization which represents a coalition of parent and community groups. AQE advocates for fair and adequate schoo l funding for high needs school districts in line with the Campaign for Fiscal Equity. We also work on other important education issues in order to expand opportunities for students in low-income communities, specifically we have worked hard on pre-Kindergarten, community schools, funding for arts and music and other iss ues. In so doing, I have had a longstanding relationship with Sheldon Silver in his role as Spea ker of the State Assembly. I am fully aware that Mr. Silver was convicted of corruption related offenses and I trust the judgement of the court. I have known Sheldon Silver for 19 years dating back to my time working on housing issues with a prior employer. For the past 11 years, I have been in my current position. I have consistently found Mr. Silver to be a strong advocate for students in high needs schools. Mr. Silver consistently sought to secure state budget funding through a fair and equitable school aid formula. He was New York State's original champion of pre-K for all four year olds. Without his efforts I can comfortably say that pre-K would not be readily available to children in New York at the level it is today. The efforts which expanded opportunity for students in poor communities, would have faced a much tougher road. I found that we had a reliable ally in Mr. Silver, one who we could count on to stand up for the educational needs of students. He consistently stood up for the principles he believed in

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regarding expanding educational opportunity through public education. Mr. Sliver's work on behalf of students was so important that in 2014 AQE honored him with our Champion of Education Award. Sincerely yours,

Billy Easton Executive Director

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PAMELA AND NUSSIN FOGEL

February 12, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni: My wife and I have known Sheldon Silver for most of our married life of more than forty (40) years. My wife, Pam, was born and bred on the lower East Side and knows Mr. Silver and his family since she was a little girl growing up in the neighborhood . ,: By way of introduction , I am an attorney and practice on Broadway virtually opposite your courthouse. My wife has worked for the New York City, Department of Education for almost twenty-five (25) years and for the last twenty-one (21) years at the Fiorello H. LaGuardia High School of Music & Art and Performing Arts, as an assistant to the assistant principal in charge of operations. I was privileged to serve as president of the Young Israel Synagogue of Manhattan for three (3) years and during that term of office, Mr. Silver served as an associate vice-president. No doubt you will hear fro'm many others who will recount to you his countless acts of "chesed " (a hebrew word that encapsulates into one word goodness, generosity and kindness), much better than I can . Not that I don't have my own stories. But on a very personal note there is one act of chesed that my wife and I would like bring to the Court's attention wh ich we believe demonstrated Mr. Silver's commitment to his constituents and characteriz~s his life as a public servant. Our grandson, Chai, was scheduled to attend summer day camp at Camp HASC (Hebrew Academy for Special Children) located in the Catskill Mountains. For the Court's edification, HASC enjoys an incredible reputation. They provide services for specials needs children better and cheaper than their competitors. Unfortunately, my grandson ended up being railroaded by a City bureaucrat who had no problem depriving a defenseless special needs child of a wonderful camp experience and just arbitrarily insisted that he stay local on the Lower East Side, while admitting that HASC would be a better placement for him. This was a very well-known mean spirited City office. Mr. Silver not only worked tirelessly for Chai; walked my daughter through the process; advised her of all the tricks and pitfalls, but, most importantly, Mr. Silver let them know

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straight out that he was was advocating on this child's behalf. This office was so determined to keep Chai in the City that when we asked for proof that they signed off on Chai's application and mailed it, after assuring us that it was done, recanted and told my daughter that it was still being put together. Mr. Silver told us not to believe them and instructed us that it being the day before the deadline, to pick up the application and deliver it to the camp ourselves, which we did. Sometime after the summer, I had the occasion to see Mr. Silver in synagogue. When I went over to personally thank him, he simply said, somewhat proudly I believe, "that's what we're here for". To be perfectly honest, my wife and I are simply devastated by the recent events. However, we believe we would be remiss in not speaking up on Mr. Silver's behalf who for so many years has given of himself selflessly for others and his community. Thank you for this opportunity.

NUSSIN S. F

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RABBI MAYER FRIEDMAN

February 9, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, N.Y. 10007 Re: Sheldon Silver Dear Judge Caproni, I am writing to you as a Rabbi, community activist, and College Outreach professional, who resides on

the Lower East Side of Manhattan, who has known Mr. Sheldon Silver all my life. Mr. Silver was our upstairs neighbor when I was growing up, who was always kind and considerate to our family. Our father was sick for many years, and Mr. Silver was always helpful to our mother and to us. When I grew up and entered the public service, I realized that Mr. Sheldon Silver was an example of a public servant who was interested and committed to helping and supporting all the good causes. Over the past twenty years, I have been involved in community matters, and I have seen firsthand how he has felt a tremendous responsibility to so many people, readily extending himself for others. He helped me on behalf of struggling working families, he made the difference in keeping teenagers off the streets, he goes out of his way for every individual- concerned for the out-of-work father and for the distraught widow and so many others. These are only a few of the many examples with which I was personally involved. I am aware that Mr. Silver was recently convicted of corruption related offenses. However, I refer you to his long years of kind, compassionate service to the community and particularly to the needy and less fortunate, of which I have firsthand knowledge, and which I and my colleagues greatly appreciate and value. The Talmud states a concept of dealing with someone in the way they dealt with others. Mr. Silver dealt with those in need with great kindness and compassion. I certainly hope that he will likewise be dealt with, by the Court, with kindness and compassion, and be delivered the most lenient sentence possible. Thank you in advance, Respectfully yours,

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Rabbi Mayer Friedman

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Jian Fu and Pei Qiong Ll New York, NY 10013 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 December 21, 2015 Re: Sheldon Silver Dear Judge Caproni: My wife and I have been residing in Lower East Side for many years. Both of us are retired and are living on limited income. Through the help from our neighborhood senior center, we appli ed for Senior Citizen Rent Increase Exemption (SCRI E) and was successful in getting this benefit for low income sen iors. Beca use of SCRIE, our quality of life has improved and we are appreciative of the former Assembly Speaker's initiative in passing this law. As we can imagine, thousands and thousands of fellow New Yorkers who are elderly and low income are benefactors of Mr. Silver's leadership in pass ing laws that allevi ate our ever increasing shelter costs and health maintenance costs. We understand how seriously Mr. Silver has violated public trust and we are absolutely disappointed about his corruption. However, we would like you to consider his past contribution to our community and be len ient in your sentencing of Mr. Silver.

Yours truly,

~~. v /J tDfC:>r {f2 rt?/ ~路v J::::t路-t {I Jian Fu Li, pe'j c:frO'ng Ll ~<"'

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.ssociates

Woodmere, New York 11598

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007

Re: Sheldon Silver

Dear Judge Caproni ; Of all the people that I have had the pleasure of meeting, Sheldon Silver is a man who I have known upward of sixty years. He is a man of dedication to the principals of charity, and to helping others in need.

With my own experience of being involved , as a volunteer, in charitable organizations, Jewish Day Schools, and Synagogues, I have seen Shelly"s involvement and concern for these institutions. I am well aware ofMr, Silver's corruption conviction, but I do know that Mr. Silver is a genuine person and always sought to do what is best for the people.

In spite ofhis alledged corruption, it is my belief that Sheldon will continue to do good work for the people he has served over these decades.

With all good wishes

fl~~;~~ iii;~}:-u~6s

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Florence Geliebter Lawrence, NY 11559

February 29, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: My name is Florence Geliebter. I am a certified public accountant. I am writing this letter to you knowing that Mr. Sheldon Silver has been convicted of corruption related offenses. I have known Sheldon (Shelly) for 25 years. I am a neighbor of his in the summer and have spent much time with him there. I have seen him in many different situations and have always been impressed by his caring and compassion for people in many different situations. He is always there to help in situations with friends and family; he would run to help any individual in need. Above all, I know him as a deeply religious man with a high moral standard. He and his wife Rosa, have always shared their home with us and have been there with our family for many life time events. When we had a serious issue regarding how to proceed in a troublesome family matter, we went straight to Shelly for guidance. He is wise and honest and always offered excellent life advice. He tried his best for us and gave of his time and his heart. I request that your Honor extend mercy and leniency in the upcoming sentencing. He is a good man who has spent many years of his life in public service. He has given much to others. I thank you in advance for your consideration in this matter.

Florence Geliebter

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~ Lawrence, NY 11559 February 29,2016 The Honorable Valerie E . Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York I 0007 Re: Sheldon Silver Dear Judge Caproni: I have known Mr. Sheldon (Shelly) Silver for 25 years. Professionally I am a clinical psychologist. Mr. Silver and his family have been my family's next door neighbors in our vacation home s ince 1990. It has been truly painful to have followed the trial and conviction of Mr. Si lver of corruption charges. I am writing to the court to share my feelings about the importance of showing mercy and leniency during the sentencing phase. My familiarity with Shelly is not as one of his constituents, but rather as a neighbor w ho has gotten to know him personally. I have always found him to be unassuming and ready to help in any situation. For my family persona lly, in 1995, when my daughter w ho was 14 at the time, was lost overnight w ith five other children in Bear Mountain State Park, I did not hesitate to call Shelly in the middle of the night to help mobilize a search party. He immediately got involved and made things happen. Thank God they were all fou nd safe and sound the next morning. Shelly has been involved in numerous charitable causes and I have personally observed his caring shown to others, including elderly family members. He is a family man who relishes his re lationships w ith his grandchildren and children. 1 respectfully request that Your Honor show mercy and leniency in his upcoming sentencing. He has already been publically di sgraced hav ing to first give up his Speakership and then hav ing to be terminated from the Assembly position he has he ld for decades. Please consider his many years of public service wh ich he has faithfully served his constituents and the community at large. Thank you in advance for your consideration.

Sincerely,

~jJ~~ Joseph Gelie bter, Ph .D.

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Congregation Shomrei Emunah 89 Huguenot Avenue Englewood, New Jersey 07631

February 22, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007

Re: Sheldon Silver Dear Judge Caproni: I am w riting to you to express my personal knowledge of Sheldon Silver's concern for others, sense of fairness, and willingness to help tho se in need. I am aware that Mr. Silver has been convicted of corruption related offenses. Nonetheless, I respectfully request that his innate qualities of character earn him a degree of leniency by the court. Over 30 years ago I met Mr. Silver when we were neighbors at the same bungalow colony in upstate New York. My initial impression of him as a friendly and good person hasn't changed over the years. As the rabbi of a congregation in Englewood, New Jersey, I have had occasion to interact with Mr. Silver from time to time in a variety of communal and personal situations, and he has always gone out of his way to be helpful, fair, and generous. Let me share with you a specific exa mpl e of Mr. Silver's kindness and desire to help others. Mr. Silver was exceptionally helpful in a situation regarding one of my congregants in Englewood, David Feder (who specifically permitted me to use his name for purposes ofthis letter). Several years ago, Mr. Feder, who was a graduate student at New York University at the time, was hospitalized with Crohn's Disease, thyroid problems, back problems, and a host of other medical issues. His hospital bill came to over $150,000, a crushing amount for an individual of limited means. Mr. Feder's insurance company refused to pay more than a fraction of the expenses based on the spurious argument that all of Mr. Feder's maladies were one related condition and that the policy provided for a maximum coverage limit for a single condition that was far less than the amount of Mr. Feder's medical bills. Despite numerous entreaties on behalf of Mr. Feder and attempts to achieve redress through normal channels, the insurance company remained recalcitrant. I contacted Mr. Silver and described the circumstances to him. Although Mr. Silver was not acquainted with Mr. Feder, nor was Mr. Feder a constituent of Mr. Silver's, Mr. Silver agreed to look into the situation, was outraged by the insurance company's behavior,

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and took it upon himself to help . Based on Mr. Silver's personal efforts, the insurance company revised its position and ended up paying all ofthe medical expenses except for $10,000. Mr. Silver received no personal benefit from his involvement in this situation; as I mentioned above, Mr. Feder was not even a constituent of Mr. Silver's. Mr. Silver acted only out of a sense of justice and kindness and a desire to help someone in need. Without Mr. Silver's assistance, David Feder and his family would have been financially and emotionally destroyed. Mr. Silver literally gave Mr. Feder a new lease on life, for which Mr. Feder is forever grateful. Over the years, I have heard of numerous other accounts of Mr. Silver's involvement in similar situations in which he has acted on behalf of the downtrodden. Based on Mr. Silver's character traits of service to others and sense of kindness, I respectfully request that the court impose as lenient a sentence as possible.

Rabbi Menachem Genack Congregation Shomrei Emunah

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GLEASON PARIS BARCELONA

& KOATZ, LLP

122 EAST 42ND STREET NEW YORK 10168

N~W YORK,

MADRID

BUENOS AIRES SAO PAULO SANTIAGO

(212) 986-1544 FAx: (212) 986-1379 WWW.GLEASONKOATZ.COM AGERSON@GLEASONKOATZ.COM

ALAN JAY GERSON, ESQ.

OFCOUNSEL

February 4, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007

Your Honor, I am the former City Council Member from Lower Manhattan's District One, the district of Ground Zero. I represented the district for the eight years following 9/11. I was intimately involved in the rebuilding and revitalization process. So was Speaker Shelley Silver. I worked very closely with then Speaker Silver, during the first year follmving 9/ 11 , almost on a daily basis. I witnessed his concern, compassion, and commitment to all District 1residents. It was unending and unselfish. Lower Manhattan would not have made it through 9/ 11 as well as we did without Shelly Silver. The recovery and revitalization effort confronted many issues. I saw Speaker Silver enmesh himself directly, not just through staff: in these issues and attend and lead countless meetings. Speaker Silver's consistent overriding concerns were the health and safety of all residents and the assurance that no one get left behind. There can be no question that schools, other public facilities, and apartment buildings received more thorough cleaning and testing for the elimination of toxins because of Speaker Silver's insistence and leadership. There can be no question that the less powerful, the low income areas and pockets of Lower Manhattan, and the mom and pop very small businesses of lower Manhattan received additional attention and benefit, which they deserved, only due to Speaker Silver's intervention.

Case 1:15-cr-00093-VEC Document 262-8 Filed 04/20/16 Page 6 of 13 On an individual level, I observed countless individuals approach Shelley Silver during meetings and district inspections we attended and undertook together. Speaker Silver took his time and demonstrated sincere concern and compassion for each individual. I never heard one complaint that his office did not follow up.

For all of the above reasons, and many more, Shelly Silver remains widely and deeply appreciated throughout his former district. As a former representative, I am confident that the great majority of the district joins me in asking you for leniency without jail time for Shelly Silver. My neighbors and I certainly recognize the seriousness of the charges of which Mr. Silver was convicted. We hope and trust that in sentencing you will also take account of all the good he has done to so many, including during our most difficult of times when his leadership and genuine concern and commitment were indispensable to our community's well being and recovery.

Tha.tlk you for your consideratiorr of this input. Very truly yours,

Alan J. Gerson

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New York, NY 10002

February 3, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 RE: Sheldon Silver

Dear Judge Caproni: My name is Edie Goldman and I live on the Lower East Side. I have lived across the street from Mr. Silver for the past 45 years. Aside from being neighbors, friends of the family and attending social functions together, I had the privilege of teaching his daughter when she was in kindergarten. Our entire community benefited tremendously from Shelley's helpfulness and generosity, creating programs to benefit children and adults alike. His commitment to his community and constituents was well known. Shelley's office was the go-to number to call no matter what the need. He and his staff would immediate ly .get involved, take action and accomplish, with sincere dedication and devotion . On a more personal level, there is one particular incident that has directly impacted my family. I became legal guardian of a 13-year-old cousin who came to live with me on the Lower East Side. He attended a special education middle school and then went on to special education high school. As part of his vocational training while in high school, my cousin volunteered to work at a local grocery store. He became emotionally attached to the store and enjoyed interacting with the people who came in. After graduating, it became apparent that he needed the support of living in a group home. He was placed in a residential facility in Brooklyn. The Lower East Side was his whole life. He was totally lost not being near his friends. His entire social life collapsed. He became very depressed to the point that we were extremely concerned for his wellbeing. When a group home became available on the Lower East Side, I requested to have my cousin transferred to this facility. I was told that since this home was from a different organization, it would be impossible to transfer him. I was getting nowhere and my cousin was getting worse psychologically and emotionally. I decided to contact Shelley Silver's office to request his assistance. He and his staff got involved, and managed to have my cousin transferred to the Lower East Side facility. Shelley Silver saved this young man 's life!! I am aware that Mr. Silver was convicted of corruption related offenses. Although I understand the seriousness of this situation, I have high esteem for Mr. Silver for what he has done for my community and me. I therefore decided to write this letter of support on b is behalf. Sincerely,

&L~ /]"-A&n~~ Edie Goldman

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February 19, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New Y ark 40 Foley Square New York, N. Y. 10007 Re: Sheldon Silver Dear Judge Caproni: My name is Paul Greenfield, and I am writing to you today on behalf of Sheldon Silver. Mr. Silver or Shelly and we always called him, and his family has been my friends for over fifty years. We prayed at the same synagogue. Our children attended the same school, and our sons were classmates and friends. I am aware and saddened to know that he was convicted of corruption, and other related charges. I feel the need, however, to tell you that our community has never had a better friend and supporter. He has worked tirelessly as an Assemblyman , and later as the Speaker of the House, to bring the district he represented the best for his constituents that he possibly could, always being sensitive to the multi-cultural community he represented . On a personal note, although he was an obviously busy man, he was always approachable and generous with his time. He and his family never left the neighborhood they grew up in, and you stop him in the street with any problem. He always listened to your problem, and tried to offer a solution. He even took the time to write a letter of reference for my children when they applied to professional schools. While I do not condone his mistakes, I am respectfully asking that you consider the most lenient sentence as possible. Please keep in mind that Mr. Silver is a wonderful family man, and a loyal and helpful friend. He has given his life to service for the community. I hope you will keep his very good qualities in mind when making your decision.

530 F. Grand Street New York, N.Y. 10002

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New York, NY 10038 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 March 21, 2016 Dear Judge Caproni, I am writing this letter to you with regard to Mr. Sheldon Silver, who is awaiting sentencing in your court for offences related to corruption in his capacity as a New York State Assemblymember. It is my understanding that, in sentencing, it is considered appropriate to take into account circumstances, both favorable and unfavorable, regarding the person who is being sentenced. In this letter, I would like to describe my personal knowledge of Mr. Silver's extensive activities to alleviate school overcrowding, which have greatly benefitted the schoolchildren and families of Lower Manhattan. Please excuse the length of this letter, but Mr. Silver's contributions to the community regarding alleviating school overcrowding are substantial. I am a Professor of Marketing at the Stern School at New York University, where I have been since 1988. I am also a parent of two children who attended public elementary school at PS234, in Lower Manhattan (they are now in public high school). I have served, since its inception, on the Lower Manhattan School Overcrowding Task Force that Mr. Silver formed in approximately March of 2008. Additionally, I served for two years on the Community Education Council for Manhattan School District 2 (CECD2), as an appointee of then Manhattan Borough President (now City Comptroller) Scott Stringer, I was also co-chair of CECD2's Zoning Committee, as the CEC's must, by law, approve all elementary and middle school zones. I have also served on two school-related committees formed by Mayor De Blasia's office and Schools Chancellor Farina- the Working Group on School Space and the "Blue Book" Working Group, which deals with issues of school capacity. In these various capacities, I often worked with Mr. Silver and can comment knowledgeably on his work to address school overcrowding. In particular, Mr. Silver has made an extraordinary and positive difference, expending considerable effort, to make sure that the children of Lower Manhattan have sufficient school seats. After 9/11, the Mayor's office gave many tax breaks to encourage developers to build and convert apartments in Lower Manhattan to insure the neighborhood's recovery, and over 20,000 have been built. Unfortunately, the NYC Dept. of Education used 1

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inadequate methods to forecast how many schoolchildren would live in these additional apartments. Consequently, the Lower Manhattan schools quickly became overcrowded, and clearly more schools were needed to meet future needs. These problems threatened to stop the neighborhood's post-9 /11 revival. Mr. Silver addressed these problems in many ways. First, he was instrumental in convincing the city to build a new elementary and middle school, now known as the Spruce Street School (PS/IS 397), as well as another new school, the Battery Park City School (PS/IS276), and an annex to expand an existing elementary school, PS 234. Second, when it became clear that these new schools were badly needed to alleviate overcrowding even before they were finished, he convinced the Dept. of Education to allocate the school space on the first floor of Tweed Courthouse to "incubate" these two new schools, so they could open a few years before their permanent homes were finished. It was at this time, in 2008, that Mr. Silver formed the Lower Manhattan School Overcrowding Task Force, which quickly became the center of the efforts to combat school overcrowding downtown. However, in spite of the DOE's claims that their forecasting methods indicated that these two new schools were enough, Lower Manhattan continued to grow far faster than any other neighborhood in the city, and it was clear that more schools were needed. Here again, Mr. Silver was instrumental in convincing the DOE of the need to open another school, which is now the Peck Slip School (PS 343). Furthermore, when the DOE was not able to find a location to build the new school, he identified the space at the former Peck Slip Post Office, and helped convince the federal government to sell the building to the city rather than open it to bidding from real estate developers. Once again, he also helped convince the city to "incubate" the Peck Slip school for three years in the Tweed Courthouse space. Not to sound like a broken record, but even after the Peck Slip school was funded, it was clear that, despite the DOE's repeated denials, even more new schools were needed Downtown to serve a fast-growing population of school-age children. Mr. Silver continued to press the city, and, after several years of denying that another school was needed, in June, 2013, they finally agreed to fund another, new school in Lower Manhattan. Mr. Silver was also active in finding a location for that school, and a location, at the site of the former Syms clothing store, was finally announced in January, 2016. In total, in the eight years in which I have been involved with this issue as a Downtown resident, Mr. Silver has helped Lower Manhattan to obtain four new schools, plus an annex to an existing school, with a total of over 2000 seats, as well as much needed temporary space to start schools while the new schools were built. Mr. Silver was always very involved in this work, including monthly meetings of the School Overcrowding Task Force. His work on the Task Force was action-oriented and not symbolic, insuring that progress was made in getting more schools built.

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Mr. Silver's work has made a tremendous, positive difference for the families and ch ildren of Lower Manhattan. Because of Mr. Silver, there are thousands of families whose children now have a place to go to public school in Downtown Manhattan. Without the new schools he helped to obtain, many of them would have moved out of the city or would have attended badly overcrowded schools. Regards,

~~r Prof. Eric Grlenleaf

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5 March 24, 2016 The Honorable Valrie E. Caproni The United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I am the president and managing editor of The Jewish Press which is an independent English language weekly newspaper directed primarily to the Orthodox Jewish community and is distributed worldwide. We cover news of interest and of events that are very important to the Jewish community here in New York, across the country, Europe and Israel. I have been following the many Jewish issues with which Mr. Silver has involved himself long before I came to know him personally. Among those issues are the autopsy laws, kosher consumer protection laws, Sabbath observing protection laws, Jewish anti discrimination laws, "agunah" laws as well as others too numerous to mention. The agunah issue is one where Mr. Silver's input was instrumental in having the law enacted. The law helped countless observant Jewish women who were being divorced by their husbands in secular courts but not in the religious Jewish courts from being crippled financiallyespecially if there were children involved. Mr. Silver's efforts with these and other legislative matters has been a blessing to the observant Jew living in New York enabling us to live productively and happily with minimal discrimination being perpetrated against us. The Jewish Press covered the legislation efforts on these issues very extensively over the years. I understand that Mr. Silver was convicted of the very serious crime of corruption related offenses. Corruption by elected office holders is especially tragic in that it puts a dark cloud on all people representing their constituents regardless of how honest they may be. I find it especially difficult to comprehend that the man convicted of this serious crime is the same person I have come to know over the last several years. Nevertheless, the tragedy of Mr. Silver no longer being a part of the New York State legislature, I am afraid, will be sorely missed by the observant Jewish community that he had championed for all these years .. When my son got married and moved to the Lower East Side in Manhattan back in 2006, I met Mr. Silver at a synagogue service that I attended when I visited my son occasionally on weekends. Although at the time, I did not know him well, I was able to observe how warm and

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friendly he was to his fellow congregants. Two and half years ago, I moved into a summer vacation area in upstate New York where I had learned Mr. Silver and his famil y lived for many summers earlier. It was there that I had befriended Mr. Silver together with about 80 other families. It is a very close knit community where everyone knows each other and mingles together. I found Mr. Silver to be a very loving husband and father and especially a wonderful grandfather. His home upstate is very simple and unremarkable- very much in the way he interacted w ith everybody else there including me. His grandchildren's toys were strewn all over - inside the house and outside. He spen t a lot of time with them. He had some friends that he has known from his high school days that had homes in that vacation complex. He spent alot of time with them as well as anyone else who just wanted to hang out with them. He was respectful to those he knew well and to those he did not know well. All during my time with him, he never discussed business or politics. I understand the difficulty you have in determining an appropriate sentence. Nevertheless, I respectfully request the court to mete out as lenient a sentence as poss ible. I know Mr. Silver can continue to be a tremendous help to his and my community because of his immense understanding and knowledge of the legislative process as well as for the sake of his very special loving family.

Ver~a~~~ /"'/

/J~rr,Y Greenwald I

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January 26, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Dear Judge Caproni: I'm writing to express my sincere support, appreciation and admiration for former Assembly Speaker Sheldon Silver, a dear friend, neighbor, mentor and colleague who I had the pleasure of knowing and working with over the past thirty years. I worked for Gouverneur Hospital, a member of the NYC Health and Hospitals Corporation, the municipal hospital system for the City of New York, for almost thirty years and served for ten years as its Executive Director until 2014. Gouverneur is the largest provider of health care services on the lower east side, serving over 50,000 patients annually, many of whom are uninsured or underinsured working poor. Our mission is to provide care to all New Yorkers, regardless of ability to pay. To many patients, Gouverneur is the provider of last resort and would otherwise be unable to afford or access health care services. During my tenure at the hospital I had the opportunity to interact and collaborate with Speaker Silver and his staff and witnessed on numerous occasions his unwavering support, sensitivity and compassion for the community we serve, our patients and staff members. I recognize Speaker Silver was recently convicted of Federal corruptions charges, however, I feel compelled convey how impactful Speaker Silver has been to me personally, our community and Gouverneur Hospital. I remember vividly how Speaker Silver led the opposition to the closing of Gouverneur and was instrumental in supporting and advocating for a major modernization of our campus and physical plant. It was Speaker Silver's leadership that brought together a coalition of governmental entities and other organizations to secure funding and approval to revitalize and transform our health center. Today, Gouverneur is recognized as a leader in its field and operates a five-star state-of-the art facility, offering high quality comprehensive services to patients on the Lower East Side and beyond regardless of their ability to pay. Speaker Silver has been a role model to many in our community and has taken it upon himself to speak to and demonstrate publicly how important access to affordable healthcare is within his district and all communities. To improve access to primary and oral health in his district, Speaker Silver funded an outreach team to engage community residents who were isolated or otherwise would not seek health care on their own . The team worked collaboratively with Speaker Silver's staff to identify neighborhoods, venues, and individuals who would benefit from the services offered at Gouverneur. He encouraged our facility to co-sponsor health fairs in his district to promote awareness of good health practices, and to educate the public about early access to preventative care that would have an immense benefit for community residents. Speaker Silver participated at these health fairs and to show its importance, would proudly and publicly receive his flu immunization to encourage others to do so as well. When Speaker Silver and his staff learned Gouverneur was looking to expand its outreach efforts, he recommended and supported the funding of a mobile medical van to enhance the scope and level of services that could be offered when engaging residents at senior centers, public housing projects and similar remote venues.

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In the aftermath of 9/11, Gouverneur worked very closely with Speaker Silver and his staff to identify the medical and psychological needs within the Lower East Side community. Our facility and the community we serve was approximately two miles from the 9/11 epicenter. Many residents in our community were exposed to the toxins from the 9/11 plume and presented to our facility with serious pulmonary conditions. Through the efforts of Speaker Silver, Gouverneur was designated as a 9/11 treatment center and received funding to establish a comprehensive treatment program for residents affected by 9/11. In October of 2012, Storm-Sandy devastated our community and the patients we serve. Our facility and the overall community lost electrical power, steam and water for nearly two weeks. This was an extremely painful and difficult time for our patients. Immediately after the storm hit, I was contacted by a representative from Speaker Silver's office inquiring how we were impacted and what Speaker Silver could do to provide assistance. Speaker Silver' s office was instrumental in securing critical supplies and resources for our facility, patients and staff. His office also arranged for delivery of food, water, blankets and clothing to be distributed at our facility for community residents in need. On a personal level, I was lucky to have Speaker Silver as a mentor and someone who took the time and interest in me. Having lost my father at a rather young age, I benefited considerably from Speaker Silver's tutelage and considered him a role model. Speaker Silver would always find time check up on me, hear what I was up to, and see how my career was progressing. This meant a lot to me and gave me the added confidence to pursue my career with great determination. I hope you'll consider the impact of Speaker Silver's long record of public service, his many accomplishments, and all of the people like me and institutions like Gouverneur his leadership touched so profoundly when considering his sentence. Thank you in advance for your consideration and thoughtfulness.

Respectfully,

Mendel Hagler

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January 4, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver

Dear Judge Caproni: I am Malcolm Hoenlein, CEO of the Conference of Presidents of Major American Jewish Organizations for almost thirty years. Prior to that I served as the founding executive director of the Jewish Community Relations Council of New York, the umbrella for eighty metropolitan area organizations, and was the founding executive director of the Conference on Soviet Jewry in New York. Earlier I taught at the University of Pennsylvania where I did my doctoral course work. I am involved in a wide array of civic, charitable and professional national and international associations. I have known Mr. Silver since the early 70's and am aware of his recent conviction and the corruption charges against him. In the four decades of our association, Mr. Silver volunteered his assistance, participation and support for many important civil and human rights, for advancing intergroup relations, and aiding charitable and communal undertakings. He did so without seeking public recognition. His unique devotion and commit ment to his family and constituency was also evidenced in his relationships with his colleagues and communal leaders from all sectors. I do not remember a single instance when Mr. Silver did not respond to the need of an individual, institution or cause. In my current and past positions, I have called Mr. Silver about pressing issues like discriminatory practices, racial and religious injustice, and community tensions, and he never failed to react with alacrity and sincerity. He intervened at all levels including with then Secretary of State Clinton on behalf of persecuted minorities in Iran, as well as endangered Jewish communities. This pattern of involvement has been true since he joined the marches to free Soviet Jews and religious minorities in what was then the Soviet Union in the early 1970' s.

633 Third Avenue • New York, NY I 00 17 • (212) 318-61 I I • www. conferenceofpresidents.org

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CONFERENCE OF PRESIDENTS of Major American Jewish Organizations Fund

His involvement was selfless, and he showed up in the rain and snow, and helped enlist others to these and other important causes. Based on my personal experiences and what I witnessed consistently over many years, I would appeal to the court to act with leniency. Please consider Mr. Silver's countless acts of kindness, concern, and conciliation which have benefited so many. Sincerely,

/ ¥~

Malcolm Hoenlein CEO Conference of Presidents of Major American Jewish Organizations

6 33 Thi r d Av e nu e • N e w York , N Y I 001 7 • (2 12 ) 3 18 - 6 1 I I • www.con ferenceofpres ide n ts.org

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JUDITH H. HOPE

January 31, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I am Judith Hope and I was the first woman Chair of the New York State Democratic Party. I have long been involved in government and politics, first as the elected Town Supervisor of East Hampton, NY, and later as Senior Aide to NY Governor Hugh Carey, and it is through this experience that I came to know Sheldon Silver. In 1994 Governor Mario Cuomo lost his 4th bid for governor and the Democratic State Party was left with over $800,000 worth of debt and in generally desperate circumstances. New York political tradition holds that, in the absence of a sitting governor the responsibility for the political party falls to the Speaker of the New York State Assembly. Sheldon Silver recruited me to be Chair of the Party in April of 1995. We had never met but my name had been circulated in the New York media .because I had long been First Vice Chair of the State Party, and a member of the Democratic National Committee. The Speaker spoke to several individuals from various parts of the state about taking on this job and he ultimately invited me to become the new State Party Chair. I worked with the Speaker closely, on political issues and matters pertaining to the duties and responsibilities of the state party for a period of seven years. The first thing the Speaker said to me when I took the job was "Judith, we are going to build a FIRE WALL between government business and political business, do you understand?" He went on to say it was his observation that most political people get in trouble when they confuse the two, and when they use one to advance the interests of the other. He specifically cautioned me never to "ask any favors" of him in his role as Assemblyman and Speaker, and added that he would do me the same courtesy. True to his promise, over the seven years that I knew and worked with him, he never once asked me to do anything inappropriate or questionable. He was,

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in every way, entirely professional and honorable. I have been shocked.to hear of the charges of which he was convicted because I never observed any occasions of self-dealing involving Speaker Silver in seven years of collaboration. I admired Speaker Silver for his integrity, and most of all, for his courage and determination during a period in which he, and the legislative body which he led, were the sole defense against the most severe budget cuts to essential social programs which benefit the poor and elderly across the state of New York. I ask you to consider as lenient a sentence as possible in view of Sheldon Silver's long and distinguished service to his community and to the entire state of New York.

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The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I am a retired Special Education Teacher of New York City BOE/DOE with 35 years of dedicated service. I served on the Board of Directors of South bridge Towers for 12 years, on Community Board # 1 for 24 years (Chair of the Youth Committee and Member of the Seaport Committee), member of Manhattan Youth, Inc. Board of Directors, Member of the DOH 911 Advisory Committee, along with other community service initiatives. In each of the above capacities I had the pleasure of interacting and service with Sheldon Silver. Most recently, I served on his Overcrowding Task Force. It was responsible for the creation of at least 5 schools in CB#l. I am fully aware of the charges and conviction of same, which Mr. Silver has been found guilty. At the same time I would be remiss not to mention his service to our community. The creation of PS89 /IS289 was accomplished thru coordination of the Battery Park Authority, CB#1 and NYC administration. Mr. Silver's participation was invaluable. After the 911 attacks Mr. Silver also augmented the raising of capital funds for the creation of Millennium HS. His devotion to our families, schools and community has never waivered. Further examples ofCB#1 schools that owe their existence to him are PS 343, PS 276, PS 397 and the annex at PS 234. In know for a fact that parents at the Spruce Street School, PS397, were mortified that the DOE Chancellor intended to eliminate the middle school program. Mr. Silver intervened and the Chancellor relented to the cheers of these families and the community. Grants from his office help to fund Senior Programs at Southbridge Towers. In addition, Hearing test mobile units appear at Southbridge on a regular basis thanks to Mr. Silver. Along with other elected officials, BP BrewerI Assemblymember Glick/Senator Squadron/Councilmember Chin, Mr. Silver is responsible for the South Street Seaport Museum continued existence. Indeed, all involved are key to the withdrawal of a proposed tower in the South Street Seaport by Howard Hughes Corp strongly opposed by community and New York historic organizations. Indeed, I could go on and on citing his work, generosity, humanity and concern for our community. I understand the seriousness of the conviction. I ask you to weigh all he has done in the consideration of sent~ncing. I ask you to render as lenient a verdict as possible in consideration of his years of service that have resulted in immeasurable good. Respectfully subm 路 Paul Hovitz

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Frederick J. Jacobs

March 7, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 RE: Sheldon Silver Dear Judge Caproni: My name is Fred Jacobs, and I currently serve as Hospital General Counsel for the Robert Wood Johnson Health System, headquartered in New Brunswick, New Jersey. I am a 1982 graduate of Yale Law School, and have worked as an attorney in New York and New Jersey, as a Legal Aid attorney (criminal appeals), a government lawyer (the New York State Assembly), an attorney in private practice (the law firm of Hodgson Russ, LLP), and for the past five years, as a hospital general counsel. I first met Sheldon Silver in 1984, and began working as his legislative counsel in 1988, when he became chair of the Assembly Comm ittee on Codes, and I was assigned to that committee as counsel. I also served in that capacity when he became chair of the Assembly Committee on Ways and Means, and as his chief counsel when his colleagues elected him to become Speaker in 1994. I left the Assembly in September, 1998 to pursue a career in private practice, and have spoken and met with him on numerous occasions since then. I am fully aware that Mr. Silver was convicted in your Court of corruption related offenses stemming from his private activities as an attorney, but I can state without hesitation or reservation that during the period when I worked closely with him, from 1988 through 1998, he acted with the highest degree of integrity, commitment to the public good, and compassion in every legislative matter with which he and I were involved. On a personal level, I also had the opportunity to share in Mr. Silver's warm and embracing family life and his kindness and keen wit, and to benefit from his deep sense of loyalty and friendship to those around him. I could relate for your Honor literally dozens if not hundreds

of examples of these qualities; please allow me to bring to your attention just a few: â&#x20AC;˘

As Chair of the Assembly Codes Committee from 1988 through 1992, Mr. Silver authored and worked to achieve enactment of key criminal justice initiatives, including

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the creation of a state crime of money laundering, a "hate-crime" law for crimes motivated by racial or sexual bias, a procedural initiative to authorize law enforcement to use "pen registers" under court order for criminal investigations, as well as significant changes to provisions related to controlled substances and civil forfeiture. Passage of each of these provisions was contentious, and occasionally even acrimonious, at the negotiating table in and in the press. Yet in each instance, Mr. Silver was the calm, quiet, resourceful presence who never raised his voice, gave a fair hearing to all interested parties, and crafted legislative solutions that remain the law of New York to this day. â&#x20AC;˘

During that same period, Mr. Silver conducted statewide hearings o n conditions in New York state prisons, and began a career-long effort to ensure appropriate mental health care and substance abuse treatment for both pre-trial detainees and inmates who were in dire need of such services, whether as part of their sentence or as alternatives to incarceration. Key among these efforts was the creation of dedicated incarceration units providing intensive drug treatment, and funding of numerous nongovernmental organizations such as the Vera Institute of Justice, the Correctional Association, and the Osborne Association (which pays particular attention to women in correctional institutions). He also ensured funding for key law enforcement initiatives targeted at the crack epidemic, sexual assault and violent crime, including firearms offenses.

â&#x20AC;˘

As Chair of the Ways and Means Committee, Mr. Silver maintained his passionate interest in the state criminal justice system, while also beginning to champion the issues that occupied much of his subsequent speakership: equitable financing for public education, reform of the state tax code to ensure fairness and maintain progressivity, affordable housing, and economic development. Thus, when the New York City "loft law," which ensured affordable housing for low-income artists who converted unused factory lofts to habitable living space, was threatened with extinction in the early 1990s, Mr. Silver championed its continuation, at one point even passing a serious of 24 hour "extender laws" so that the law would remain in effect while negotiations on a longterm extension continued. Ever the legislative craftsman, in a law Mr. Silver drafted providing first-time funding for the state' s Settlement Houses, he also included a provision banning discrimination based on sexual-orientation in the use of the funds, which was a ground-breaking precedent in the year of its enactment, 1993.

â&#x20AC;˘

Mr. Silver was elected Speaker in 1994, following the untimely death of his predecessor, Saul Weprin. Thrust into the Speakership during a gubernatorial election year, Mr. Silver worked closely with third-term Governor Mario Cuomo to create a statewide DNA database overseen by a pane l of independent experts, and to reduce the regressive sales tax on clothing costing less than $100. At the same time, he resisted enormous private and public pressure frqm Governor Cuomo and others to pass a sweeping "three

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strikes" sentencing law, thus avoiding the fates of numerous other states which did not act so wisely. â&#x20AC;˘

Following Mr. Cuomo's defeat in the fall of 1994, Mr. Silver then deftly pivoted to the first Republican gubernatorial administration since the early 1970s, successfully preserving and even expanding key laws that benefitted low and middle class families, and the aged and infirm . To name just a few: o

Republican Governor George Pataki's first legislative priority was re-enactment of a death penalty law in New York, which in the prior two decades had been repeatedly passed by legislative majorities in both houses, only to be vetoed by the Governor every time. Knowing that passage in 1995 would lead to a death penalty law, not a veto, Mr. Silver set about crafting a statute that would be as equitable and fair as possible . Thus, unlike similar provisions in many other states, New York's death penalty law was limited to only the most heinous of offenses, and contained unique provisions related to preventing racial bias in its administration, and creating an independent and well-funded public defender office to provide qualified representation to indigent defendants charged with capital offenses.

As a free-market conservative, Governor Pataki was also committed to "deregulating" New York's hospital reimbursement law, which for years had set the amounts that insurers paid hospitals, while providing industry-funded "public goods accounts" for indigent care and medical education. In the end, as numerous individuals can attest, it was Mr. Silver who came up with a solution that both lifted restrictions on insurers and hospitals negotiating payment rates, while preserving full-funding for indigent care and medical education . In the years before the Affordable Care Act, that law guaranteed every New Yorker, including the poor and uninsured, with full access to hospital treatment.

Governor Pataki and his Republican colleagues were also committed to repealing New York's rent regulation laws. Despite a united and well-funded effort by the real-estate community and their Republican allies, Mr. Silver successfully, and repeatedly, ensured that these housing protections for middle and lower income families remained in place.

In all of these legislative endeavors, I can state unequivocally that I never witnessed Mr. Silver act for personal gain, and never saw his judgment swayed or distorted by personal interest. I am not writing to dispute or contest the facts and issues adjudicated at Mr. Silver's recent criminal trial, but to simply state that in the almost 11 years that I had the privilege to serve as his counsel, he always acted in what he and his colleagues perceived to be the best interest of the public they were elected to serve .

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On a personal level, I am also proud to say that Mr. Silver became, and remains, my good friend. When I went through a difficult divorce in 1992, and had joint custody of my 2 year old daughter, Mr. Silver literally opened his home to me; indeed, my daughter and I had a standing invitation to join him, his wife, and his four children for Saturday Sabbath lunch. Each time we went, we became family--my daughter talks fondly about those afternoons to this day. Mr. Silver also supported, and consoled me, through the death of two parents. In the rough and tumble of Albany legislative politics, he was not only my boss, but my mentor and best friend. In his interactions with employees and colleagues, Mr. Silver was unfailingly considerate, kind and polite. And while a deeply religious man, Mr. Silver was also a deeply respectful one, understanding and welcoming the beliefs and views of others. I truly hope that all of the good that r saw Mr. Silver do as a public servant, and the kindness and compassion I both witnessed and took comfort in, will weigh favorably in his receiving as lenient a sentence as possible from your Honor.

r cerel/ }

rederic~.

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New York, NY 10002

January 13, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni: Sheldon and Rosa Silver have been my friends and neighbors at 550-G Grand Street since they moved into our building in the 1970路s. Our famili es' friendship goes back thirty years before that that, to Shelly's and Rosa's parents and my parents, and continued on to succeeding generations: I was Eddie, Janine, Rookie, and Estie's pinch-hit babysitter on the occasions when neither Grandma Silver nor Grandma Mandelkern was available for the job. I will leave it to others to tell you how ably, and with what passion and commitment, Shelly has represented the people of the Lower East Side in the New York State Assembly over the past four decades. I want to tell you about the Sheldon Silver that I personally know. My dad died in 1980, when I was twenty-four, and my mom and my brother and I couldn't bear to stay home for the Passover holiday. So we would spend the holiday at a hotel in the Catskill Mountains, but after my brother got married in 2002 and acqui red another, equally important set of family commitments, my mother and I had to figu re out what we were going to do. We asked Shelly and Rosa if we could join their family Seder at the Rye Town Hilton Hotel, and assured them that we would be happy to be on our own in the main dining room for the rest of the holiday. They were, actually, quite disappointed that we didn't want to spend the entire holiday at their family table, but my mother was a highly sensitive person and didn't want to, as she said, "wear out th e welcome mat." We enjoyed several years of lovely family Seders with four generations of Silvers. My mom died in 2009, and when Shelly and Rosa found out that I was going to be spending Passover on my own at the Rye, they insisted that I spend the ent ire

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Judge Caproni

-2-

1/15/2016

holiday with them at their table, and they wouldn't take no for an answer. And so for one week every year, I became an honorary member of the Silver family, complete with adorable grandchildren crawling all over me and, with books in hand, taking up residence in my lap (for a few years during my publishing career I was a children's book editor, and I'm pretty good at children's read-aloud). "Thank you for making me feel like a member of your family," I would say each year at the conclusion of the holiday. "What do you mean, like?" Shelly and Rosa would reply. "You are a member of our family." I can't tell you how much that meant to me, how it turned the holiday from a week I dreaded into a week I actually looked forward to. I could provide many other examples of how much Shelly and Rosa's support and friendship have meant to me in the years since my mom died. (I am frequently at their Friday night Shabbat table, and it's only because I, too, don't want to "wear out the welcome mat" that I don't accept their invitation for Saturday afternoon Shabbat meals as well.) But I think I've made my point. The Sheldon Silver I know is kind, compassionate, and giving, and a loyal friend. As you think about what his sentence should be for the offenses of which he has been convicted, I hope you will spend some time thinking about that Sheldon Silver, too. With thanks for your co nsideration, I am, yours sincerely,

Altie Ka rper

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New Yo rk, NY 10002 December 30, 2015

The Honorable Valerie E. Caponi United States District Cou rt Southern District of New York 40 Foley Square New York, N.Y 10007 Re: Sheldon Silver

Dear Judge Caponi: I have had the privilege of knowing She ldon "Shelly" Silver for well over four decades. We became neighbors in the mid-1970's and from that point on, our friendship has grown. I was prese nt at the births of his children, subsequently danced at their weddings, while he and his wife Rosa danced at mine. He has opened his home periodically to prominent local Rabbis to deliver biblical lectures, and was a gracious host to those in atte ndance. In short, a t errific neighbor. In my three year tenure as President of the Young Israe l of Manhattan, our local synangogue with membership of over three hundred families, Shelly served as Associate Vice President. On numerous occasions, I sought his coun sel. He was always there for me. Despite his busy schedule, he always found time to give back to the Jewish Comm unity of the lower East Side. He never fo rgot his roots. When my parents passed away, Shelly was a source of comfort. When tragedy struck his fam ily, I reciprocated those sentiments and mourned with him and his family. During his forty yea rs in t he New York State Assembly, She lly accomplished a lot, both for t he residents of his dist rict and the residents of New York State. Let's be realistic: One becomes Speaker of the Assembly through his accomplishments, respect from his peers and t he ability to work with others. Millions of New Yorkers have benefitted from the r:auses he has championed . Civil Servants, 11ot for profits, charities, the elderly, the abused, the neglected ..... I ca n go on and on. I am a Certified Public Accountant, and currently se rve as Controller/Office Admin istrator for the law firm of Eaton & Van Winkle. In yea rs prior to this position, I wa s employed by three other prom inent law firms, always oversee ing the se firms' accounting departments. As such, I have a keen underst anding as to the charges brought by Preet Bha rara which, sadly and curiously resulted in Shelly's conviction. I am a true believer in the legal system of t he United States. I respect t hat th is case was presid ed over by a competent jurist, and that the verdict was reached by a jury of She lly's peers. Nevertheless, I wou ld not be truthful if I did indicat e that th e whole process, from arrest to indictment to conviction left me in a state of shock and utter disbelief.

Case 1:15-cr-00093-VEC Document 262-10 Filed 04/20/16 Page 4 of 10

In the coming weeks, Justice Caproni, you will be revisiting this case: At the request of the defense, to overturn the conviction, and in in your capacity as Judge in the case United States of America vs Sheldon Silver, to render a proper sentence . I respectfully request that you take into serious consideration all of defense counsel's motions, as well as Shelly's record of outstanding service on behalf of his constituents and New York State when the case returns to yo ur courtroom, as you prepare to address these life-altering decisions. Thank you.

Ve ry truly yours,

,~t~~

Case 1:15-cr-00093-VEC Document 262-10 Filed 04/20/16 Page 5 of 10

The Honorable Valerie E Caproni

United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007

Dear Judge Caproni, My name is Miriam Katz and I live on the Lower East Side. Although I am well aware of the corrupted related offenses that Mr. Silver was convicted of, I would like to request that you deli ver as lenient a sentence as possible. As a very active member ofthe commtmity, I have personally turned to Mr. Silver's office for assistance. When we needed a place to run a dance program, the r enabled us to get the availability of the Henry St Settlement. With the help ofhis office, we established a very enjoyable swimming program. There is one very personal anecdote I wish to relate, My 23 year old nephew. Dovid Seidenberg had terminal cancer. After 3 years of fighting and watching this dreadful disease take over his body, he was resigned to hospice care at home Under the care of Metropolitan Jewish Hospice Care, around the clock aides were set up. One Friday, Dr Eng came to visit to assess the situation at home. She suddenly decided to remove all aide service immediately as she felt the family is capable of caring for Dovid. Dovid was a quadriplegic who needed help in every area of function. The thought of his mother diapering him brought hysterical crying to this very sick boy. His mother urgently tried to hire aides privately, but no one was available over the weekend. There was hysteria and a feeling ofhelpness and despair permeating the house!! They called Mr Silver's office and shm1ly after the hospice called to inform them that they would continue to supply the aid es over the weekend. They were like the messiah. Imagine preserving some level of dignity for this dying 23 year old. That Sunday night, Dovid Seidenberg was admitted to the hospital and never returned home. I personally know Mr. Silver for over 50 years. Our daughters were in the same class and their home is open to all. We always knew that we could tum to Mr. Silver whenever we needed something done for us both personally and for the community. He has set up programs for all aspects of the community, both for the seniors and the ch ildren. He dedicated so many years to better our community. I respectfully implore you to give a lenient sentence.

Very Trul y yours,

Miriam Katz

Case 1:15-cr-00093-VEC Document 262-10 Filed 04/20/16 Page 6 of 10 HERBERT LAU KEE, M.D. 354 BROOME STREET, SUITE 60 NEW YORK, N Y

1 00 13

TELEPHONE (2 1 2) 21 9-646 1

December 21, 2015 The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I am a retired physician . I had a family practice on Oliver Street. For almost 20 years ,I also served at the Gouverneur Hospital at 22 Madison Street . I have known Sheldon Silver for almost 25 years. Most of the patients at Gouverneur Hospital are on Medicaide. Also, many were new immigrants. This hospital serves thousands of patients who can not afford medical care. Our former Assembly man Sheldon Silver always made sure that New York State gave support to this hospitaL As a physician, I appreciate how important it is to support medical facilities. The Lower East Side is an area in which TB, Hepatitis and other infectious disease can spread if sick people are not taken care of. These diseases are still rampant in the Lower East Side. I know Sheldon Silver has heen convicted of serious offenses. Please also consider his contribution to society and the good that he has done for his Assembly District. I ask for leniency in sentencing him . Sheldon Silver has done a lot a lot of good for the people in Lower Manhattan. Respectfully yours,

~!lbvtu;Y 1- ~.I ?n /) _ Herbert L. Kee, M.D.

Case 1:15-cr-00093-VEC Document 262-10 Filed 04/20/16 Page 7 of 10

Virginia M. Kee 354 Broome Street New York, New York 10013 Phone/fax : 212-219-8461

Hon. Valerie E. Caproni United States District Judge United States Courthouse 500 Pearl Street New York, N.Y. 10007-1312 Re: Sheldon Silver Dear Judge Caproni: I am regarded as a respected Community leader. For over 34 years I have been a dedicated NYC public junior high school teacher. Many of my students were new immigrants to this country. I grew up in Chinatown and I have known Sheldon Silver for over thirty years. In 1985, I became one of the first Chinese-Americans to run for public office. I did this because I wanted to encourage a reticent Chinese community to participate in the democratic process. I wanted Chinatown to come out and vote! I was truly touched that Assemblyman Sheldon Silver endorsed my candidacy. I am a woman of color and a minority. At that time very few elected officials paid any attention to Chinatown . Sheldon Silver showed that he truly believed in the democratic process and he encouraged our participation in the political arena. It has been over thirty years and since that time we have elected AsianAmericans. We have elected 2 City Council members, an Assembly member, A NYC Comptroller and a Congress woman. Each time a new Asian-American steps forward as a candidate, they very often make reference to my race for City Council in 1985. It is part of Sheldon Silver's legacy that our Asian community has been empowered and seeks representation.

Case 1:15-cr-00093-VEC Document 262-10 Filed 04/20/16 Page 8 of 10

Pg.2 Sheldon Silver having encouraged voter participation has made this City and this nation a better place. America should represent all of us and Sheldon Silver had encourage our participation. He has always given support to the Asian-American community. Yes! Sheldon Silver has helped me personally when he endorsed me in 1985. In doing so, he was showing the people in the 65th Assembly district that diversity is a good thing and that minority communities should be represented. His leadership and his actions has resulted in having a lasting impact on the political structure. In future years we will see more young people of different races, ethnicity and belief run for public office and win elections. Sheldon Silver and his office probably have helped hundreds and thousands of individuals throughout his term in office. He has done "good deeds" in helping people. He has done greater "good" when he has helped an entire Community. We understand that he has been convicted of corruption and other offenses, however, Sheldon Silver should be judged by his decades of public service to his constituents . The good that he did in the three decades should not be forgotten. Our Chinatown community, so often ignored is grateful for his support. I hope that you will consider this and grant leniency when you pass judgement. Our society would be better served by having Sheldon Silver perform community service -something he has been doing much of his life.

Case 1:15-cr-00093-VEC Document 262-10 Filed 04/20/16 Page 9 of 10 January 6, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I am Terri Kevelson, an honored member of the large circle of friends of Sheldon Silver. My husband, Stephen Kevelson, recently passed, and the Kevelson and Silver families can trace their relationship back to the very early 20th century. Although we understand that Shelly has been convicted of a serious crime, we do want to let you know how grateful we are for Shelly's continued loyalty and support throughout the years. My husband had emergency surgery and ultimately developed a hospital acquired and sometimes fatal enterococcus bacterial infection. The hospital Board resisted spending time or funds to combat the infection. In desperation we reached out to Sheldon Silver. It took only one phone call from Sheldon to activate the Board and intensify the fight to save Stephen's life. I am eternally grateful for the hope that Shelly restored to us on that day. Like all of us Sheldon's persona is a mix of private and public attributes. It is hoped that the magnanimity and loyalty he has always shown to his family, friends and constituents will be counted in his favor. Thank you for your consideration. Sincerely yours,

d~~

Case 1:15-cr-00093-VEC Document 262-10 Filed 04/20/16 Page 10 of 10

New York, NY 10002

February 25, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Dear Judge Caproni: I am writing in support of Mr. Sheldon Silver. I have been a social worker for over fifty years. I retired in 2012 from my work with the Youth Development Institute, having (semi)retired in 2002 as the Executive Director of the Henry Street Settlement, a 120-year-old social service agency serving the Lower East Side of Manhattan. It was as the Director of Henry Street that I most closely worked with Mr. Silver. I am aware that Mr. Silver was recently convicted of corruption-related charges. While very disappointing, I believe that Mr. Silver should not be judged on his mis-steps alone, but within the context of his whole life and career. I have known Mr. Silver for over thirty years. He was always a champion of the community work of all the Settlement Houses on the Lower East Side. Specific to Henry Street Settlement he helped secure funding for many of our programs as well as money for renovations of our youth gym and arts center, to name just a few of the projects which he helped with. He also helped facilitate Henry Street's relationships with the tenants' associations in local public housing to ensure that tenants' service needs were being met. He was committed to ensuring that the Lower East Side remained a vibrant community. In addition to our professional relationship, Mr. Silver was of great assistance to my family as constituents. He and his staff went above and beyond to assist my then son-in-law as he and my daughter were working through some issues related to his naturalization (he was born in Panama). This issue was finally resolved successfully, but over the years that it took Mr. Silver was always willing to assist. Given Mr. Silver's life as a whole, his long career and the contributions he did make to the community and his constituents during that time, and in consideration of his age and family, I respectfully ask that Your Honor deliver as lenient a sentence as possible and appropriate here. If you have any questions, or require any further information, please feel free to contact me at 646-522-2603. Thank you for your consideration. ~erely,

c~~ent

Case 1:15-cr-00093-VEC Document 262-11 Filed 04/20/16 Page 1 of 17

............... New York, NY I 0002

January 12, 20 16 The Honorable Valerie E. Capron i U nited States District Judge Southern District ofNew York 40 Foley Square New York, NY l 0007 Re: Sheldon Silver Dear Judge Caproni: lam a widow and lived in Chinatown for 40 years. My late husband and four children immigrated to New York from China in 1975. I have seen Mr. Sheldon Silver many times s ince the mid 1990s when my late husband was active in our family association. Over the years, I have seen Mr. Si lver coming to Ch inatown to find out how he can he lp us. He visited community organizations and Confucius P laza when we celebrated anniversaries and the Lunar New Year. He visited with families on sad occasions, too. I was so touched that he came to pay respect to my husband at the funeral. He was the Speaker of the New York State Assembly, and he cared enough to come say good bye to my husband and comfmted me and my family. As a res ident of Confucius Plaza, I often saw Mr. Silver' s mobile office in our courtyard. They helped many people in my building. I remembered when Hurricane Sandy hit, we had no e lectricity or water. Mr. Silver came to visit us and brought us food and water. He is a good man. Please be lenient to him.

Sincerely,

s~ ~% ::r-- 2?

Shiu Ling Ng Lam

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February 5, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni: May I respectfully request that you take into consideration Assemblyman Sheldon Silver's good works for many years to help his constituents. He and his office helped many people over the years with problems that no other agency would help with. We do not fit into any official category. We are the "little people." I am including myself. Before the 311 number was established for New York City by Mayor Bloomberg, Assemblyman Silver's constituents would call his office for help with all kinds of problems, and hi s staff was always very knowledgeable, helpful and polite. Please allow me to introduce myself. My name is Esther Pearl Langer. I am 77 years old, divorced, and walk with a walker outdoors and a can indoors, due to severe osteoarthritis of the left hip. I worked as a secretary for 51 years. I am now retired. I have one son, nine grandchildren and two great-grandchildren. I moved here from Forest Hills 29 years ago and now live in a studio apartment in the Gouveneur Gardens Mitchell Lama middle income co-op. Some ofthe ways Assemblyman Silver's office helped me are as follows: 1. Home Attendant. My mother was an elderly woman in her 80s with m any health problems who lived alone in the New York City LaGuardia projects. She applied for a medical home attendant. The Medicaid office said it would take only six weeks till the home attendant started. But no home attendant came, even though I called the Medicaid office many times. I called Assemblyman Silver's office to complain, and a home attendant showed up that same week! My mother passed away in June of 1996 at the age of 94 in the home of the Sages Nursing Home in the Lower East Side. May she rest in peace. 2. Income Tax Tables. I wanted to check my tax preparer's figures on my tax return, but I didn't have the tax tables. It was too late to call the IRS for a copy because the filing deadline was too close. The library didn't have them. It was too late at night to go to the IRS office to pick them up after work. I called Assemblyman Silver's office. Someone in his office ran off a

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copy of the tables from their computer and mailed it to me so I could send in an accurate tax return. 3. Mailbox Problems. A heavy snowstorm covered the mailbox and its surrounding area, and I could not reach the mailbox. I called the Sanitation Department. They told me that the management office of Goveneur Gardens is responsible for cleaning away the area around the mailbox. I called the management office. They said they would clear away that area, but they never did. I called Assemblyman Silver' s office. They said they would speak to the manager of Governeur Gardens about it. The snow was cleared away from the mailbox that week! 3b. Mailbox Disappeared. The mailbox disappeared on day from the corner. The other nearest mailbox is three blocks away. When I called the Post Office, they told me that the mailbox was taken to their mailbox repair shop to repair its lock. Then they would cover it with a fresh coat of blue paint and put it back. This should take about six months! I told the Post Office that the nearest mailbox was three blocks away and that it would be a hardship for a handicapped person to go back and forth in the cold winter weather to mail our letters. I called Assemblyman Silver' s office to complain. Someone from his office called the Post Office mailbox repair shop supervisor to explain the situation. The time was reduced to two weeks for the repair. They even gave us an exact date the mailbox would be put back. I was amazed to see that the mailbox was back on its customary corner the day they promised! 4. Traffic Light Not Working On My Comer. The traffic light on my comer was showing "red" constantly for a few weeks. Even though it is a small street, I could not cross it quickly enough because of my arthritis, and I needed the traffic light. I didn't know what to do about it. I called Assemblyman Silver's office. They gave me the telephone number of the Traffic Light Department. I called them that day and the light was repaired the fo llowing day! There were many other instances where I called Assemblyman Silver's office for advice, and I was never disappointed by his staffs polite response, knowledgeable and wise counsel. I'm sorry to say that I never received so much interest and attention to my problems when I called any of the other lawmakers. I don't know Assemblyman Silver personally, but I've seen him in my neighborhood occasionally. I'm sure everyone else was as shocked and saddened as I was to hear the news about his other activities. None of us can imagine the reasoning behind his actions. I'm sure the trial and sentencing have already taken a heavy toll on his health and future career plans. I would like to see some credit given to him by the law for the good things he did for us "little people" all these years. Thank you very much for your kind attention to this important letter. Sincerely,

(Mrs.) Esther Langer

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Case 1:15-cr-00093-VEC Document 262-11 Filed 04/20/16 Page 10 of 17 1 5-~r-093 (VEC) Case 1:15-cr-00093-VEC Documen.t.2 1 E siled OLr/1 /taH.:)IQ'~l'1'lbf 2 US v. Jlver DOCUMENT Confucius Pharmacy Inc ELECTRON! CALLY FILED DOC #:_ _ _ _ _ _ __ 25 Bowery, New York, NY 10002

Tel: 212-966-4420 Fax: 212-966-5981 ~D~A~T~E~FI~L;E;D~:!!iiiii~4!! 11~4!! 11~6!!iiiii~ Peter T Lau. R.Ph. Pharmacist/Owner Aprilll, 2016 The Honorable Judge Valerie E. Caproni US District Court for the South District of New York 500 Pearl Street, New York, NY 10007 Dear Honorable Judge Ca proni,

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I am writing on behalf of our legislative representati ve from Chinatown, Mr. Sheldon Silver. My name is Peter Lau. I am a pharmacist and have been the owner of Confucius Pharmacy in Chinatown New York City for 27 years. Many of my patients are senior citize ns and immigrants from Ch ina with little or no knowledge of English. They have always counted on me to r ead their official letters, explai ning and helping them t o navigate t he ever changing world of government health care benefits, especially t heir prescriptions plans. My staff and I are proud to be able to help so our seniors can have access to good health care and live at home, in co mfort and dignity with their children and grandchildren. We feel that these sen iors are part of our family, their courage to come to America, their hard work and perseverance have paved t he way and set good examples for ourselves and ou r child ren. Over the years, there are qu ite a few occilsions thilt my piltients encounter problems with access to thei r medication s an d could not get their prescriptions filled. These could be from technical problems due to government benefit syst ems in transition, or from insurance compan ies charged with administering government benefits ta king advantage of some ambiguity of new rules and regulations and force the seniors to obtain medication s only from mai l order pharm acies - owned by the same insurance companies, depriving senio r citizens the face to f ace advice and counseling from their local pharmacists. Because of rn y good fortune to be en tru sted by my patients, I always feel that it is my ob ligation to hel p solve these pro blems. On numerous occasions, I have turned to Mr. Si lver for help. Mr. Silver has always received me with courtesy and attent iveness in his office. He always shows concern and understanding. At the end of each meet ing, I always felt that he treats us- his constitu ents- as family too. With Mr.Silver's help, there were sat isfactory resolutions to our problems. Some notable examples: Ten years ago, with t he int roduction of the Federal Medicare Part D Prescription Plan, by law New York State had to turn off their Medicaid Prescription Plans for senior citizens. Pharmacies could only bill electronically to the new fed eral prescription administrators. However, due to techn ical problems, our claims did not go through. For a whole week, we could not fill any prescriptions for ou r seniors and there was no end in sight. It was so stressfu l for me and my pha rmacy colleagues in New York City, not being ab le t o help our patients. Then I asked Mr. Silver to help. With hi s leadership, the New York legislature

Case 1:15-cr-00093-VEC Document 262-11 Filed 04/20/16 Page 11 of 17 Case 1:15-cr-00093-VEC Document 261 Filed 04/14/16 Page 2 of 2 reopened the New York Medicaid Prescription Program immediate ly, on a tem porary ba sis, until the Medicare plan could run smoot hly on it s own. To me, this felt like a crisis averted and I am forever grateful to Mr. Silver. Another example would be the New York Senior Prescription Plan known as EPIC. It is a program that helps reduce prescription co pays for low income New York State Senior citizens whose income level is not low enough to receive Medicaid. Many immigrant sen iors in Chinatown benefit from this plan, as they are not "deemed poor" because they have some savings from their jobs in restaurants or laundri es before retirement, and have to pay a hefty copay in th e Federal Prescription Plan . In my meetings with Mr. Silver, I have always asked him to help keep the EPIC program ru nning within the New York State Budget and he agrees. I believe he has kept his promise. I hope that you would consider these facts, along wit h the other good works that Mr. Silver has done for his district constituents and th e citizens of New York all these years, when you render your wise decision next month.

Sincere ly Yours,

r~lG~ Peter T Lau

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New York, New York 10025

March 16, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 Re:

Sheldon Silver

Dear Judge Caproni: I am an attorney admitted to practice law in the State ofNew York since 1977. In addition to maintaining a private practice for many years and running a family business., I served as associate counsel to the Assembly and counsel to the Assembly Housing Committee from 1981 until 2008. I served three Assembly Speakers (Stanley Fink, Saul Weprin and Melvin Miller) as principal attorney overseeing all legislation relating to housing prior to serving in that capacity under Speaker Silver beginning in 1994. From 2008 through 20 14, I was a consultant to the Office of the Speaker, continuing to provide advice on housing matters. I am aware ofMr. Silver's conviction. However I have always held and continue to hold him in high regard based upon the manner in which he led the Assembly and guided decision making on housing related laws and policy. During my tenure on Assembly staff and as a consultant Speaker Silver would seek my guidance and input on various housing related matters. In my professional capacity, I would meet with tenant advocates, real estate industry representatives and property owners. To the best of my knowledge Speaker Silver consistently acted and made recommendations to his members that reflected the best interests of the public based upon a professional assessment of the issues. I counseled Speaker Silver and the Assembly throughout the negotiation of amendments and extensions of both the tenant protection laws and the 421-a tax benefit laws. The number of different groups interested in the outcome of these laws is enormous. Mr.

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Silver not only had to negotiate with the Senate and the Governor, he had to consider the interests of the Assembly majority, tenant advocates, developers, landlords, loft law tenants, condo owners, the City of New York, affordable housing advocates, unions and others. All groups had their own agendas. At one point, when the Republican Governor and Republican-controlled Senate wanted to allow rent laws to expire permanently, Mr. Silver actually held up the State's budget to make sure tenant protections stayed in place. In 2007 when major changes to the 421-a program were under consideration, I was present at numerous meetings with Mr. Silver involving these very matters. On every occasion that I was present Mr. Silver put the interests of his constituents and the Assembly first and foremost. He is a masterful negotiator and repeatedly achieved negotiated agreements that served the best interest of his members and constituents. Mr. Silver is a fierce advocate for his district. He often asked me to work on matters of importance to his constituents but also had me assist individuals and families. He was deeply concerned with the wellbeing of his constituents and I often sensed that his motivation stemmed more from wanting to help a neighbor than courting a vote. I was never asked to work on any matter that served Mr. Silver's personal interests and never observed any instance in which Mr. Silver used his office to advance his personal interests. From 2009-2013 Mr. Silver designated me as the Assembly Speaker's appointee to the Board ofthe State ofNew York Mortgage Agency. As a board member I often voted on discretionary matters which provided substantial benefits to real estate developers. For all of the years that I served I was always able to exercise my independent judgment and throughout this time made decisions that were in the best interest of the Agency free of any pressure or influence from Speaker Silver. I have known Sheldon Silver for over 30 years. Throughout this time I knew him to be an honorable man and dedicated public servant. I respectfully request that the Court take my personal observations and more importantly Mr. Silver's long record of honorable and dedicated public service into consideration and deliver as lenient a sentence as possible.

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December 26, 2015 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I was a former Branch Manager at Off Track Betting Corporation in Chinatown until the state decided to cease all operations of the company without any warning and without any time to prepare. At that very moment, I had lost the benefits I worked very hard for for 38 years. With two kids in college, I was fearful that I would not be able to support my family at that time. Sheldon Silver, our former Assembly member, provided me with the hope to move forward. I have known Sheldon Silver for almost 15 years. Sheldon Silver is a vital supporter to the lower east side community and helped support former OTB workers during that time of difficulty. As a lower east side community member, I appreciate how Sheldon Silver cared and supported us at the point where we suddenly lost our jobs and did not know where to go from there. Silver's warm and kind personality provided me with the hope that I could surpass this hurdle. I know that Sheldon Silver has been convicted of serious offenses but please consider how he has cared for the members in the lower east side community. His warmth and caring presence in the community should not be forgotten. I thank you for your time and consideration on this matter. Sincerely,

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The Honorable Velarie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 Re: Sheldon Silver January 28, 2016 Dear Judge Caproni: I first became acquainted with Mr. Sheldon Silver as my local government representative; the go to person when in need of political advice when I married and made my horne in the co-ops located on Grand Street. I have been a resident of the Lower East Side for the past fifty years, and provided special needs children with academic and social/emotional support in the role of a special education teacher in one of our community schools. Although I am fully cognizant of the fact that Mr. Silver was convicted of corruption related offenses, knowing Mr. Silver as well as I do as a political figure and personal friend, I have no reservations about writing tills letter of support on ills behalf. Approximately twenty years ago, following the death of my husband, my youngest daughter unable to cope with the stress of losing her father, had a complete emotional breakdown. It was, in great part, thanks to Mr. Silver's commitment to the cause of Mental Illness which was instrumental in guiding me in the right direction. He has always been a close friend to Ohel Children and Family Services, an organization which prides itself in servicing the mentally challenged population in our City. As a result of his compassion, I can safely state, that my daughter is residing in a community residence geared to care for and meet her every physical and emotional need. No small feat. Mr. Silver personifies a man of compassion, and commitment, to improving the quality of life of all those who have had the good fortune to cross his path. I therefore beseech the Court to take his lifelong dedication to the needs of others in consideration and render as lenient a sentence as possible.

Briendel R. Lebon, MS. Ed., SDA

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January 31, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni, I am writing this letter on behalf of Mr. Sheldon Silver, although it is with sincere regret and sadness the situation under which I write it. First, I would like to give you some background to my own life and how I came to seek the assistance of Mr. Silver. After 2 daughters, my wife and I gave birth to our third child who was born with special needs. He is now 19 years old, and I cannot begin to tell you the obstacles we had to overcome. Especially, trying to get him into the proper schools. Every which way we turned the door was literally slammed in our face. Our uncle, who lives on the lower east side, recommended that we contact Mr. Silver, even though we were not a constituent of his. He listened to our predicament and saw our desperation. He displayed kindness, concern, and compassion, and helped us overcome our situation. Needless to say, we will be forever grateful and are among many of thousands who he has helped without fanfare or notoriety. He may have made some bad financial decisions but that does not diminish his overall accomplishments in extending a helping hand to those who desperately needed it. I know that each of us is accountable for their actions. I only ask that you take into consideration his kind and decent side which I have been privileged to experience. Please keep in mind that at Mr. Silver' s age any prolonged sentence would likely be forever. I thank you for taking the time to let me express my heartfelt feelings . Sincerely,

De~~

David & Chevy Libman

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January 12, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni: I am a banker and a longtime resident of the 65th Assembly District. I grew up in Chinatown and am product of New York City public schools. With the great fortune of meeting a civic minded teacher in Jun ior High School 65 in Chinatown in 1976, I began volunteering with the United Democratic Orga nization (UDO) and helped residents of the Chinatown community to register to vote so that their voices are heard. After I graduated from Yale University and returned to Chinatown, I met Sheldon Silver in the late 1980s when I became more active in UDO. Along with fellow UDO members, we helped residents in our community access services that are available in the local offices of elected officials. In my interactions with our Assembly Member, Sheldon Silver, I saw that he had an open mind and was interested in cultivating young constit uents by providing opportunities to empower them so they can help the community. He understood the inequity that the im migrant residents of Chinatown fa ced due to language barrier and lack of knowledge about government resources and servi ces available to them. His commitment to developing and teaching the yo unger generation was evidenced by his interest and availability to mentor us. It was with Mr. Silver's encouragement and support, we sought representation in the New York County Democratic Party, a Part of created to ena ble the Chinatown area to elect its own set of Democrati c District Leaders in 1995. I along with a fellow young club member were elected as t he first Chinese American Democratic District Leaders in Lower Manhattan. Mr. Silver has been a sta unch supporter of the residents of Chinatown because he saw the needs and cared about us by bringing his office to our community. His mobile office in Chinatown has helped many people, especia lly the seniors, get services close to their home. Mr. Silver was a true public servant when he represented us as our Asse mbly Member. With his support, our comm unity ha s seen many imp rovements in the quality of life with a few examples in recent years: a state of the art new senior center, opening of a new entrance to a crowded subway station, new schools, and expanded after school programs. While I am aware of that Mr. Silver was convicted of corruption related offenses, I also know that he has done a lot of good work for our co mmunity. I hope that you wo uld consid er len iency for the good services that he has provided to our community for so many years.

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Man Nam Ma Elmhurst, NY 11373 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 December 21, 2015 Re: Sheldon Silver Dear Judge Caproni: I have known Sheldon Silver since the early nineties when I began my career as a social service worker in Lower East Side for Chinese-American Planning Council. I was the director for two senior employment training programs. Through networking with his office, I was able to place my well-trained program participants in various home care agencies in spite of their age, immigration status and ethnical background. Many of them had become contributing members of our society as they achieved economic self-sufficiency, thanks to ex Assemblyman Silver's legislative insistence of providing Medicaid benefits to our less fortunate residents of New York State. Currently, I am the Social Worker at Open Door Senior Center with a makeup of 95% lowincome members. Every year, many of my clients come to the center to ask for assistance in applying or renewal of the Senior Citizen Rent Increase Exemption (SCRIE). We certainly appreciate this piece of legislation initiated and passed by NYS legislature led by Sheldon Silver. Over the years, Sheldon Silver has done a lot of good for our community in the Lower East Side, such as Childcare, Medical service for the poor, Afterschool programs, and Public safety. Although I understand how serious his misuse of his office is, I would like to ask for leniency for Sheldon Silver for his years of contribution to our community. Yours truly,

Man Nam Ma

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February 24, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver

Dear Judge Caproni: I worked for Assemblyman Silver in his New York City district office from 1992 until the end of 2003. I was the Director of Constituent Services. The district included the neighborhoods of Battery Park City, the Financial District, South Street Seaport area, Chinatown, and the Lower East Side. He was a kind and generous person to his employees. He never yelled, spoke softly but firm -- a kind and nice person. First and foremost, his priority as a Member of the Assembly was to vastly improve the quality of life for his constituents, as well as for all residents of and visitors to New York. I would like to mention a few, very few, things Assemblyman Silver achieved for the people of New York. He had a special interest in serving our vulnerable senior and youth populations. Programs for seniors were continually funded and new ones created. He fought for and won increased funding for schools throughout New York State. In rapidly growing Downtown-Lower Manhattan he formed and headed up a committee of parents and other interested parties to advocate with the NYC Board of Education to build badly needed schools in the area. A large portion of Manhattan's Lower East Side is in Assemblyman Silver's district. For many decades this area was used as a "dumping ground" for things other communities did not want. Such as, "temporary-turning-into-permanent" storage of hundreds of Department of Sanitation trucks. In the 1980's, the City Administration wanted to permanently dock a jail barge at Piers 35/36 on the East River. Because of Assemblyman Silver, that did not happen. In 1992, the City Administration proposed to convert the property on Piers 35/36 into a multi-agency parking, refueling, maintenance facility to service 800+ vehicles per day. In early 1993, Silver v. Dinkins was filed due to the failure of City to comply with Fair Share rules and the Environmental Quality Review Act. Silver won and a Memorandum of Understanding (MOU) was signed. The MOU said that a portion of the huge shed on the piers would house a sanitation facility, but one-third (64,000) square feet was set aside for construction of a community use facility, which the City would contribute funds towards the design and outfitting of the shed. In

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addition, the City agreed that Pier 42, just north of Piers 35 36, would not be used for a sanitation facility. The destruction of the World Trade Center on 9/11/ 001 was a terrible disaster for New York City, but especially Downtown Lower Manhat an. There was virtually no water, no electricity, no gas south of Canal Street. Assemb yman Silver's office was in the "hot zone" for weeks, which meant no one could get in. He rented a large van, turned it into a "traveling district office". The staff provided ny help needed and distributed water, cell phones, food , etc. to trapped residen s throughout the district. Assemblyman Silver created a committee comprised of ten nts, elected officials and representatives of all pertinent city agencies to develop a c ean-up program to expeditiously remove asbestos and other toxic materials from living spaces so people 1 could move back in to their homes. Many were forced to m ve to temporary living quarters for more than a year. In 1812, Governors Island became a federal military facility. The end of 2003, the federal government returned the island to New York State nd New York City, but required a "deed restriction" as to future uses. The initial d velopment proposal included a very unpopular gambling casino. Assemblyman Silver su cessfully includ ed a "no gambling casino" in the deed restriction. It took many year of discussions with city and state officials and other interested parties, but in the final d velopment plan Governors Island would become one of New York City's great public paces, including a 2-mile esplanade, a 40-acre park and a renovated park in the rest red Governors Island Historic District. The far east side of Manhattan, from Harlem to the owe r East Side, is the most inaccessible to public transportation in the borough. The L xington Avenue Subway has been overcrowded for many decades. The Metropolitan Tr nsportation Agency (MTA), working with the federal government, elected officials and thers, proposed to develop solutions. An early plan was to build a "light rail" along the nd Avenue corridor to W all Street. Assemblyman Silver successfully advocated for th e revival of the Second Avenue Subway. In the final plan, the Second Avenue Sub ay will extend from Harlem to Wall Street and will in clude the possibility of future conn ctions to the Bronx and Brooklyn. At Assemblyman Silver's urging, there will be an xtension into the Lower East Side. Phase I of the project is under construction . Fin lly, this long overdue vital transportation project is coming to fruition. I fully understand that he was found guilty of federal orruption charges, however I hope the Court will give him as lenient a sentence as pas ible. It will be such a shame if all the great things Assemblyman Silver achieved for Ne Yorkers are forgotten.

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New York, New York 10013

January 6, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Dear Judge Caproni:

Re: Sheldon Silver

I am the director of CPC Open Door Senior Citizens Center, located at 168 Grand Street. Our center serves over 800 members who come to our center for lunch as well as other services and activities. We are a NYC funded program. In the past, our center was located at the basement at 115 Chrystie Street. At that time, our 300 +members were crowded together in a space without light or air. For over 12 years we endured the hardship of these unhealthy conditions. Finally, we reached out to our Assemblyman Sheldon Silver for help. Sheldon Silver contacted the Administration and urged them to house our program in another NYC facility. Because of his help, our seniors can enjoy their time in a comfortable space which has enough room for educational and recreational activities. We know that Sheldon Silver has been convicted of corruption. We hope that you will take into consideration the good he has done for many people in his district. I have known him for over twenty years and he has always been supportive of the poor, needy and elderly. Please consider a lenient sentence because he has helped many people. Very truly yours,

f o- 1-.y Po Ling NQ'

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elementary school at P.S. 234, middle school at I.S 89, followed by Millennium High school; all these schools are located in the downtown Manhattan area. I used to have severe speech difficulties during my adolescence, severe enough that my classmates would pick on me for being different. I am now 23 years old and can successfully say that I have overcome this hurdle with the help of my friends, family, and members within the lower east side community. Sheldon Silver, our former Assembly member, provided me with words of encouragement to overcome a difficult time in my life. Sheldon Silver, a vital supporter of education, provided a multitude of opportunities through the Manhattan Youth programs, which have strengthened my confidence. My experiences at Manhattan Youth led to a job at Pier 25 as an assistant manager of miniature golf. Sheldon Silver taught me to always challenge myself and gave me valuable advice for the future. To me, he is a mentor who has always encouraged me to work hard no matter how simple or difficult the task and to strive for the best. I am aware that Sheldon Silver has been convicted of serious offenses but please consider how important his presence has been to the youth members of the lower east side community. He was always willing to listen and to provide kind words of advice, which have guided me throughout my life. I am grateful for his compassion to care for others. I thank you for your time and consideration on this matter.

~E~~~~ Kenneth Ngai

Case 1:15-cr-00093-VEC Document 262-13 Filed 04/20/16 Page 3 of 14 MAYOR MARTIN OLINER

INCORPORATED VILLAGE OF LAWRENCE

DEPUTY MAYOR C. SIMON FELDER

TRUSTEES MICHAEL A. FRAGIN IRVING LANGER ALEX H. EDELMAN

VILLAGE ADMINISTRATOR RONALD GOLDMAN DEPUTY VILLAGE ADMINISTRATOR GERRY CASTRO VILLAGE ATTORNEY PETER BEE

NOT OFFICIAL BUSINESS January 27, 2016 Hon. Valerie E. Caproni United States District Judge Thurgood Marshall United States Courthouse Courtroom 443 40 Foley Square New York, NY 10007-1312 Your Honor: I respectfully submit this personal letter of support on behalf of Sheldon Silver whom I have known over the past thirty-five years in a variety of capacities. I first met Mr. Silver when, as an attorney working with the National Jewish Commission on Law and Public Affairs and father of an infant son confined to a hospital, I needed assistance in confronting an unfeeling, inflexible bureaucracy. Mr. Silver came to our assistance, supporting religious freedom on a broad scale while caring for the specific needs of a single family. Since then, as Mayor of the Incorporated Village of Lawrence, I frequently called upon Mr. Silver to assist with issues that significantly impact our local residents. He always responded with alacrity and without hesitation. Mr. Silver was particularly supportive of the Village's civic, educational, philanthropic and religious institutions, respecting the diversity of our community while celebrating its unity of principle and purpose. 196 CENTRAL AVENUE, LAWRENCE, NY 11559 • WWW .VILLAGEOFlAWRENCE.ORG • 516· 239·4600 • FAX 516· 239-7039

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INCORPORATED VILLAGE OF LAWRENCE

Ron. Valerie E. Caproni January 26, 2016 Page 2

During Super Storm Sandy, Sheldon Silver sought to close the gap between State and Local government. He ensured that our residents received genuine, practical assistance ranging from lights to emergency equipment and services, always making certain that government's resources reached the people government is created to serve. In so doing, he facilitated our Village's survival and recovery. On a personal level, Shelly has always been concerned and accessible, giving freely of his time and advice. In my every encounter with him he has been candid, sincere and forthright and has been a valued friend to me and my community.

t;Q:t~

Martin Oliner Mayor MO:ac

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NANCY ORTIZ NEW YORK NY 10002

The Honorable Valerie E Caproni United States District Judge Southern District of New York 40 Foley Square New York NY 10007

Dear Judge Caproni; I Nancy Ortiz have worked closely with Mr. Silver as the elected Assembly in the 65th district which I live and serve. As an active member of the community, currently the Resident Association President of Vladeck Houses with a population of 1,773 units, I've had numerous opportunities to work with Mr. Silver under various circumstances over the past 20 years, in identifying and allocating funding in the areas the community needed most. Mr. Silver a lifelong resident of the community as am I has exemplified genuine concern for the constituents and the needs of the community in identifying and allocating funding where it was most needed, always taking the time to listen to the concerns of the constituents, never rushing always attentive and responded to our concerns. During 9/11 Mr. Silver was there to serve a community placed under Marshall Law, During Irene Mr. Silver was ready to assist, during Sandy Mr. Silver was at his best, ensuring the district was safe and provided water, food and blankets to his constituents. Mr. Silver has always demonstrated leadership, in both as our elected and as a member of the community. Most importantly Mr. Silver showed compassion when a constituent suffered a loss, by sending words of genuine concern and comfort. This is the Sheldon Silver I worked with, met with and thanked for always ensuring his constituents programs and needs were always his priority. I understand Mr. Silver was convicted of corruption related offenses, and I understand the seriousness of this situation, however it is also important for you to understand how valued Mr. Silver is in our community, he is our Shelly. In conclusion, I hope you will consider this letter of support for Mr. Silver, I ask the court to please consider a lenient a sentence as possible. I thank you or your time and consideration,

lk::::tf~x # _/

' Nancy ~~

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1-28-2016 The Honorable Valerie E. Caproni U.S . District Judge Southern District 40 Foley Square I am an 84 year old woman and have known Shelly all my life. I remember when he belonged as a young man across the street from where I still live to the Democratic Club. He has risen to his status because I have [of] all people known his accomplishments. 1. He helped very poor people in Chinatown years ago who were living in old buildings, no hot water, etc. He said no one should live like that. He got them new housing. 2. He has always treated his family, friends and employees with respect. 3. He had a saying: Ifl give respect I will get respect. 4. He has helped people all over, he has helped the schools when there were problems etc. 5. Who became old living where I do he always told them where to go to get food, help and caring. He has many other accomplishments. At 84 years old my memory of him as a young man from the Democratic Club remains lingering. If after so many good things he did for the community and other areas. I worked for Citibank. I am now retired with a sound mind at 84. I hope with all my heart you give him as lenient sentence as possible for all the good he has done.

N Y 76028639vl

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Tzipora Perl ow Brooklyn NY 11210 Ja nu ary 13, 2016 The Honorable Val erie E. Caproni United States Dist rict Jud ge Southern District of New York 400 Foley Square New York, New York 10007

Re: Sh eldon Silve r Dea r Judge Caproni:

I, Tzipora Perlow, am a wife, mother of 10 children , and a practicing Physical Therapist. My In laws are very good friends w ith M r. Silver. He is my unc les brother. I am aware that Mr. Silver was convicted of cor ru ption relat ed offenses. My experience with_Mr. Silver has shown a d isparate pattern of coduct. His he lpfulness and gene rosity was in strumental in guidin g me into my profession. Mr. Silve r assisted me in formulating m y application which led to my acceptance at Downstate University. He did this in a very unassuming way. It was a se lfless favo r to a friend . We owe him a debt of gratitude. Due to Mr. Silver's commitment to his friends and family I was able to study in t he schoo l of my choice . Today my family and I are reap ing the benefi ts.

7- /~/ Tzipora Perlow

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RABBI YAAKOV PERLOW 1644 48TH STREET BROOKLYN, NY 11204

January 14,2016

The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 Dear Judge Caproni: I respectfully offer this letter to urge Your Honor to display leniency and compassion in connection with the forthcoming sentencing of Sheldon Silver. By way of introduction, I am an Orthodox Hasidic Rabbi, known as the Novominsker Rebbe. I reside in the Boro Park section of Brooklyn, where I serve as spiritual leader of a Hasidic congregation and as the founder and dean of a high school and post-secondary yeshiva. I also serve on the rabbinic boards of several national Orthodox Jewish organizations, including Agudath Israel of America (which I am privileged to chair as "Rosh Agudath Israel") and Torah Umesorah- The National Society for Hebrew Day Schools. I wish to make it entirely clear at the outset that in no way do I condone any illegal activity engaged in by Mr. Silver- or, for that matter, by any other individuals in our community who act improperly, no matter how benign or even noble their intentions might be. As I have stated repeatedly and publicly, it is absolutely prohibited as a matter of Jewish law, in addition to secular law, to engage in corrupt or fraudulent practices. Please recognize, therefore, that it is not my purpose in this letter to minimize the seriousness of any crimes Mr. Silver may have committed. Nonetheless, what I know of Mr. Silver, through the many years the Jewish organizations with which I am involved have dealt with him, persuades me that while he may have been found guilty of a crime, he is far from being a criminal. To the contrary, he is a kind-hearted individual, generous to others, modest in his personal lifestyle and devoted to family. Throughout his years in public life, Mr. Silver was a champion of numerous humanitarian causes, always seeking to help needy members of the community in extremely difficult circumstances. He took special interest in the plight of infertile couples desperately trying to have children, women suffering in broken marriages with recalcitrant spouses, handicapped children with special educational and developmental needs. Stated simply, Sheldon Silver is a man with a big heart, and a long track record of caring for some of the most vulnerable and downtrodden members of society.

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The Honorable Valerie E. Caproni January 14,2016 Page 2

All of this, of course, is aside from Mr. Silver's many years of extraordinary public service and leadership in the New York State Assembly. To be sure, he stands convicted of misusing his position for personal gain, for which he deserves to be punished. However, as Your Honor considers the nature and severity of the punishment he should receive, I would respectfully urge that you focus on the entirety of Mr. Silver's career- not just his unfortunate deviations from legal strictures, but on the much broader picture of a faithful public servant whose extraordinary leadership in state government and deep human concern for needy members of the community has been exemplary. My bottom line entreaty, Your Honor, is that you deal with Sheldon Silver with mercy and leniency, to the full extent possible under the law, in the finest tradition of compassionate judicial discretion. Many thanks for your kind consideration.

Rabbi Yaakov Perlow

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GATEWAYPLAZA TENANTS ASSOCIATION January 13,2016 T he Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni, By way of introduction, I am the Pres ident of the Gateway Plaza Tenants Association (G PTA), representing the largest residential complex in Lower Manhattan, with 4,000 tenants. Over the course of three decades, GPTA has worked closely with Sheldon Silver, who has contributed immensely to the quality of life here in Battery Park C ity by being our advocate in multiple negotiations with the ownership of the complex. Specifically, in order to protect our tenants from rising rents, he single-handedly lead negotiations with the Battery Park C ity Authority and the owners of Gateway to achieve renewal of our stabi lization agreements for each of these time periods: (1) 1987-1995 ' . . ... (2) 1995-2005 (3) 2005-2009 ( 4) 2009-2020 ~

Mr. Sil ver' s herculean efforts have resulted in keeping our complex one of the few remaining pockets of affordability in Battery Park C ity. For this, we will be forever grateful and even awarded Mr. Silver a Lifetime Achievement Award in 20 13. Moreover, for those of us who live in the shadow of9/ ll, and ~ho were profoundly effected by it, Mr. Silver was a champion during the long rebuilding effort, both during the early days of the national trauma, and in years afterward, in the many initiatives that he created to build and restore what has become a once-again flourish ing neighborhood. Notw ithstandi ng Mr. Silver 's great contributions, we are, of course, aware of and deeply troubled by Mr. Silver' s conviction on corruption related offenses . Mr. Silver will, no doubt, pay a high price for his offenses . By writing this letter, we in no way condone what he did, but do believe that hi s monumental contributions to New York City should not be undermined or forgotten. With this in mind, we hope you w ill consider exercising some leniency in hi s sentencing. '

ly, ~ 路

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York, NY 10280

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Joshua Zisha and Chavie Pomerantz

January 20,2016 The Honorable Valerie E. Caproni U.S. District Judge Southern District ofNew York 40 Foley Square N.Y., N.Y. 10007 Re:

Sheldon Silver

Dear Judge Caproni: I live in the Midwood section of Brooklyn and have been a neighbor of Mr. Silver's brother for 40 years and on many occasions met Mr. Silver at family affairs and have always been amazed at his simple, unassuming demeanor despite the powerful position he held. I know of the efforts he made on behalf of Orthodox Jewish people when it came to protect their religious rights and myself personally, he helped me overcome beauracratic [sic] unfair treatment even though I wasn't his constituent. Although he was convicted of corruption related offenses, I ask Your Honor to levy as lenient a sentence as possible in view of the fact of all the good that Mr. Silver has done for his community and State. Respectfully yours, Joshua Z. Pomerantz

NY 76165766v l

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The Honorable Valerie E. Caproni United States DistrictJudge Southern District of New York 40 Foley Square New York, New York 10007 ~e:

Sheldon Silver

Dear Judge Caproni: Our names are Chaim, Jacob and Tamar Rand. We have lived in Israe l since emigrating from the United States in 1991 at age thirteen, eleven, and nine respectively, with our late mother. Although we never met Mr. Sheldon Silver personally, he is the younger brother of our mother's cousin (by marriage). We were recently made aware that Mr. Silver was convicted of corruption related offenses, and would like to provide this letter in his support. After our parents were divorced in 1984, our mother, who was at the time and for the remainder of her life a single working mother, purchased a life insurance policy. Two years after moving to Israel, in 1993, our mother was diagnosed with breast cancer. She was treated intermittently for several years and in 1997, she suffered a recurrence and her condition deteriorated. With all three of her children still under the age of twenty at the time (Tamar, the youngest, was sixteen and had just sta rted eleventh grade), our mother was horrified upon receiving notice from the insurance company that the policy would not be respected, apparently due to an alleged technicality of which she had not been made aware. Though our mother tried not to involve us, or worry us at the time, we subsequently found out that Mr. Silver had taken upon himself to contact the insurance company and that due to his efforts, the policy was reinstated. Needless to say, our mother, who was just months away from her death and had enough worries as to the future of her children, felt a tremendous relief knowing that the life insurance policy she had paid for would be there for her children and their future even when she would no longer be there. She passed away in October 1998 at the age of 43 and because of Mr. Silver's enormous assistance, was able to die with a little more peace of mind. Though Mr. Silver himself never contacted us directly, we were subsequently informed by several family members of everything he had done- a true act of kindness for a dying mother and her young children. We would like Your Honor to consider this act of kindness and give Mr. Silver as lenient a sentence as possible. Sincerely,

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No. 15-cr-093 USA v. Silver

March 23, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re:

Sheldon Silver

Dear Judge Caproni: I have worked wi th Shelly Silver for almost 40 years. Over those years, he and R osa have been friends to me, my husband and our children. Shelly and I met w hen l volunteered, first for his unsuccessful campaign for City Counci l and then when I volunteered for his first run for the Assembly. I initially worked in his District Office. Eventually, I became his Chief of Staff and worked w ith h im on a daily basis, particularly when the Assembly was in session. I worked with Shelly on more projects than I can rem ember. Shelly was involved in everything, and not just by sponsoring and promoting legislation. He bad projects wh ich were important to himeducation, criminal justice, hospitals and health care, senior care and facilities, housing, to name a fewbut through his job he literally touched on everything that is New York State. The boundaries and demographics of his district were ever changing and he not only persevered, he was beloved by his constituents. I could write volumes about the good work Shelly did fo r the people of the State ofNew York. When I thin k back on his 38 years in public service, the thing I remember most was our work after 9/ll. Shelly and I went to a meeting that night with the Mayor, Police Department and many others at the then-Command Center to figure out how to understand and deal with those horri ble events. We spent the next few days walking through downtown, trying to speak with as many people as we could. It was devastating. The smoke and the smells were like nothing any of us had ever experienced. After those first few days, we got a trai ler, a Winnebago I think, and drove through downtown. And there was noth ing more impo1tant to Shelly at that time than making sure we were there to give out packaged food, water and groceries. We let people use our phones so they could call their loved ones. The logistics involved tor a month or so in that trailer were incredibly difficult, but Shelly was adamant. We coordinated with rhe Mayor's Office and with the National Guard. Shelly stopped and spoke wi th everyone he could and wanted to make sure people knew that someone was watch ing out for them. We also went to work to make sure that loved ones were able to find each other. We made sure people knew they could contact us through our Albany office as our district office was w ithin blocks of lhe World Trade Center. Our Albany office handled an onslaught of phone calls. We worked with Con Ed to restore power, addressed air quality issues and embarked on numerous programs to rebuild

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downtown, including making sure there were funds to reconstruct BMCC's Fitennan Hall, which was destroyed when 7 World Trade Tower fell on it. Shelly also worked hard for minorities. He did what he felt was right, even if it went against his religious beliefs and even if it meant he would have to "answer" to friends and family. He worked hard to make sure Jewish women who were divorced could remany in the Jewish faith, stopping husbands who held their wives hostage by refusing to give them a rel igious divorce. He publically supported same-sex marriage as early as 2007, even though members of our religious community were opposed or, at best, ambivalent. Shelly made sure infertile women had insurance, supported the Women's Equality Act and made sure that the Women's Health and Wellness Act passed so that insurance companies could not prevent women from getting mammograms and preventative gynecological care. Shelly supported people- he worried about tenants and affordable housing and wanted to make sure they had the best protections he could get them, particularly in the years when there was a Republican Senate and a Republican Governor, who would have done away with all rent protections. Shelly worked for youth, education, health care and seniors. And he did it not just by passing legislation and making laws, he met with people. Shelly was at the street fairs, to job fairs and CUNY fairs to encourage people toward higher education, he was in his mobile "office", he visited the housing projects so that he could talk to people and listen to the issues that made a difference to them. He suppmted so many criminal justice initiatives, but always understood that addressing drug abuse was imperative to stopping much of the crime. Shelly loved to mentor people. One project we enjoyed year after year was a program where we worked with colleges to offer a program whereby hundreds of college students interned with the Assembly, for which they received minimum wage and school credit. The program placed two college students in the offices of almost all of the members of the Assembly (some members did not participate). The students worked with their assigned Member and, when the term ended, participated in a mock session where the students entered the Assembly Chamber and "became" their Member. They debated, negotiated a mock bill and tried to "pass" the legislation. Shelly would meet with the students, speak with them and then his mentee would take over the "session" as Speaker. It was not just New York City and his district. Shelly worked for farmers, addressed issues about casino gambling, supported hospitals in upstate areas that needed the support, and was involved in fracking concerns. I could go on and on and this is really just a smattering of the things Shelly accomplished in 38 years as a legislator. f realize that Shelly was convicted and that the nature of the crimes suggests tlwt be cheated or betrayed New Yorkers. In my years of working with him, 1 have never known him to do anything other than work for the best interest of the people. He has always cared for and worked to help all New Yorkers. I ask that you take all of his good works into consideration when you sentence him.

Sincerely

(J:;:/jogel

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DENNIS RAPPS ATTORNEY-AT-LAW 450 Seventh Avenue 44th Floor New York, New York 10123 Tel.: (646) 598-7316 Cell: (718) 715-3124

April4, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I am an attorney admitted to practice in the courts of the State of New York, the United States district courts for the Southern and Eastern districts of New York, the United States Court of Appeals for the Second Circuit and the United States Supreme Court. I write to provide certain information to the Court based upon my personal knowledge and experience working regularly with Sheldon Silver for approximately 40 years on a host of public issues since he carne to the New York State Assembly in 1975. I believe this information to be relevant to Your Honor's fashioning a sentence in his case. Since 1970 I have served as the Executive Director ofthe National Jewish Commission on Law and Public Affairs, generally know as "COLPA." COLPA is a voluntary organization of attorneys, which, as more fully described below, is dedicated to seeking the reasonable accommodation of the religion-based requirements that must be met by Observant Jews when those requirements conflict with standard societal practices while at the same time, also taking into account legitimate societal needs. In sum, COLP A has sought to facilitate the ability of Observant Jews to fully participate in American society while remaining true to their religious teachings. It is to my personal knowledge that Mr. Silver has been responsible for more religious accommodation legislation than any other legislator on either the federal, state or local levels. Thus, with respect to employment and education, adherents to the Jewish faith often found the special Sabbath and holy day restrictions on secular pursuits in conflict with the norms of contemporary society in terms of work and classroom schedules. The administration of civil service exams presented similar problems. The same for

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standardized professional school entrance exams such as the Scholastic Aptitude Test, the Graduate Records Examination and the Law School Admissions Test. Professional licensing exams have also been problematical. Further, even when alternatives were provided, they were typically not comparable in terms of frequency, convenience of location and starting time. Mr. Silver authored key legislation addressing these problem areas. The area of public health law has presented yet another set of problems. Autopsies are ordinarily mandated in instances of unexplained deaths, yet Jewish law only permits autopsies when they are necessary for the investigation of a suspected homicide or a threat to public health or safety. Mr. Silver' s legislation resolved the issue in a noteworthy way. In the case where an autopsy was objected to as a matter of religious belief and there was nothing more than an unexplained death, if the medical examiner wished to do an autopsy, the medial examiner would be required to secure a court order. On the other hand, if the medical examiner suspected a homicide or threat to public health or safety, then the family would be required to go to court to show that the suspicion was unreasonable or that the autopsy was not necessary for the investigation of a homicide or threat to public health or safety. I note parenthetically that Mr. Silver on several occasions also served, on a pro bono basis, as lead counsel for religious objectors to autopsies in cases brought in New York State Supreme Court. In the area of domestic relations law, Mr. Silver was also singularly responsible for extraordinary protections being enacted assisting Jewish women victimized by husbands refusing to grant religious divorces, thus preventing them from remarrying under Jewish law. In these and other problem areas, Mr. Silver selflessly advocated for the rights of religious minorities and met with monumental success. I would add that in the 40 years I have been working together with Mr. Silver, I have invariably found him to demonstrate great sensitivity to the needs of others and commitment to resolving problems through the governmental process. He always kept his word and the energy and creativity he brought to discussions, I believe, bespeak great sincerity in doing the People's business. I hope the foregoing will be of assistance to Your Honor.

g_CG-n_ Dennis Rapps

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The Honorable Valerie E. Caproni United States District Judge Southern District of New York

Re: Sheldon Silver

Dear Judge Caproni, Thank you for your willingness to consider Speaker Sheldon Silver's historical accomplishments as you enter into sentencing following his conviction on various charges of corruption. I am W. Ann Reynolds,路 Ph.D., and I had a very positive professional collaboration with Mr. Silver while serving as Chancellor of the City University of New York from 1990 until fall, 1997. Prior to that, I was Chancellor of the California State University System from 1982 until1990 and prior to that was Provost of the Ohio State University. After CUNY, I served as President of the University of Alabama, Birmingham before retiring in 2004. Public higher education all too often suffers from lack of high-ranking advocates and CUNY was no exception. The political turnover in 1994, to Gov. Pataki and Mayor Giuliani, left CUNY with no advocates at a high level save for then Speaker Silver. Mayor Giuliani had campaigned on the promise to put welfare recipients to work. In fairness, I don't thin k Giuliani realized that over 20,000 welfare recipients were enrolled in CUNY, mostly in our com munity colleges. Most were women, many were mothers and most were desperately trying to gain the job skills needed to be off welfare and supporting themselves and their families. With a work requirement of 40 hours a week, oftimes in another borough, it would have been impossible for them to continue their studies to lift t hemselves into t he status of independent wage-earners, not to mention the loss of child care, counseling, job placement and other services CUNY provided . Speaker Silver quickly mobilized support for a legislative bill that lowered the work requirement to 20 hours per week, to be performed in borough of residence or community college and probably set a record in making it a law thus enabling our welfare recipients to keep moving upward. Then Speaker Silver continued to be CUNY's advocate in all budgetary matters, both operational and for facilities. We were way behind in classroom construction, renovation of very old facilities, especially at City College and Brooklyn College and meeting extensive new demands at Baruch and Borough of Manhattan Community College. We also needed to renovate buildings for College of Staten Island-the list could go on and on. In short, we desperately needed to catch up with enrollment and programs at our various campuses. At that time, the City contributed only around $75million dollars of our annua l budget, toward support of the Community Colleges; the great majority of our budget fell to the State, following t he bankruptcy of the city many years earlier. Mr. Silver protected our city dollars through "maintenance of effort" legislation as well as obtaining us record support and facilities budgets. In turn, we worked hard to be frugal managers and constantly strove to improve academic quality, deal effectively with remed iation needs and improve relations with K-12.

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My relationship with Mr. Silver was cordial, professional and efficient as he was a very busy man. But he clearly recognized how important CUNY was to the young people of the city, especially immigrants and those of modest means. His brilliant political skills in bringing us major budget support are a lasting gift to CUNY in expanded and improved facilities and stronger, overall budgets. I was not asked to prepare this letter; I reached out to Mr. Silver's legal staff in the fall to see if his outstanding record in helping the underserved could be brought up in his consideration. I am everlastingly grateful to him for his help to CUNY in my years as Chancellor and proud of what he enabled us to accomplish. I would be pleased to provide more information or detail about his efforts for the City University of New York. SincereJ.y, . . 1 ',) ~ {:_'t_~t-L W. Ann Reynolds, Ptf.D.

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::PRl_Mit iVE C H R I S T I A N

C H U R C H

January 26, 2016 207-209 EAST BROA DW AY NEW YORK. NY 10002 PHONE 212.67 3 .7868 F AX

212 . 673 . 758~

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007

MA I LING ADD RESS

P.O . Box 186

Re: Sheldon Silver Dear Judge Caproni: Greetings of health and prosperity. I am writing fully aware that Sheldon Silver has been convicted of corruption related offenses, violating the public trust. Although these charges are very serious, I write a letter of support on his behalf. I write this letter in my capacity as the Senior Pastor of the Primitive Christian Church, located at 207-209 East Broadway, and as part of this neighborhood for over 60 years. I served the same congregation as a clergyperson, first as an Associate Pastor and then the Senior Pastor for a combined total of 39 years in the Lower East Side. My wife and I have lived in the Lower East Side for most of our lives. We raised our sons here and now seek every opportunity to be actively involved in the lives of our grandchildren. Throughout most of my years of serving our community, I hav~ known Sheldon Silver. In the earlier years, I saw him as an active and very present elected official. In the last two decades that relationship has grown closer. In my experience Mr. Silver has always demonstrated great leadership and initiative in responding to the needs of our community. The most impacting demonstration of his dedication to the people of our community was during the 9/11 terrorist attacks. The families of my congregation suffered greatly. Many lived within eyesight of the fallen towers and were witnesses of horrendous loss, including the loss of family members. Mr. Silver was directly in contact with me and mobilized his office and other public resources to make sure that assistance was given expediently. I am certain that he was pulled from the many layers of government and the financial and business sector, but we never felt that he was unavailable. (1/2)

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R G

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Another terrifying event was when Hurricane Sandy hit NYC in 2012. Again, Mr. Silver contacted me directly and moved resources quickly and expeditiously to where the need was. His direct follow-up was exceptional and clearly demonstrated care and concern. Mr. Silver played an important role is getting our community, and all of Lower Manhattan, back to a sense of normalcy. There are many more situations throughout the years where Mr. Silver's direct intervention proved key in resolving issues. His staff would call on his behalf, with invitations to host our children and youth for a day visit to Albany; or him asking by name for a follow up on a parishioner that his office had helped. The State saw him as this huge political figure, we saw him as our concerned and effective friend. I honestly cannot remember any unanswered calls to his office. I always looked forward to visiting him and always felt welcomed by Mr. Silver. Your Honor, in light of the unwavering assistance that Sheldon Silver has brought to our district, and understanding the gravity of the conviction, I respectfully appeal for leniency in your sentencing. We remain hopeful that the Court will agree. Thank you in advance.

~路~(.Q SH 9~. br.~rcos Rivera

Senior Pastor

(2/2)

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New York, New York 10280

The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007

January 28, 2016

Re: A Personal Plea for Mercy Dear Judge Caproni: My name is Bob Schneck and I've lived in the Battery Park City section of the 65th Assembly District for 28 years. I've served for four years, and hope to continue to serve, as a Member of Manhattan Community Board One (CB 1). I most recently saw Sheldon Silver three weeks ago. He is a son of the Lower East Side - a quiet, frugal, unassuming man who lives as he has for 71 years, a simple, modest life as a trusted and respected member of his community. Over 40 consecutive years, he was elected as Assemblyman of the 65th District by the people; and for 20 years, he was elected by his peers as Speaker of the New York State Assembly. In changing political times and fortunes, the man worked unceasingly for his constituents. I first saw my Assemblyman in 2005 when he received the Community Service Award from New York Downtown Hospital. For years, I was uncomfortable with even the idea of being in the "presence of such power." In time, I realized that this was a cultural and media projection bias on my part. When I finally had the courage to shake his hand, I realized how soft it was and how human he is. I now find him a humble and vulnerable man. My wife had the privilege ofbeing part of his team for a year and it did her heart good. My brief tenure with CB 1 plus a 30 year business career have taught me to deeply appreciate the endless complexities of governance and decision-making. Every month, our Community Board heard active reports of progress on many fronts. Whenever I walk out in my neighborhood, I see ample evidence of the fine and capable hand of my Assemblyman. I see the gleaming towers that rose out of the rubble of 911; the Memorial that attracts thousands and thousands of people from around the world; the re-constructed Fitterman Hall which helps anchor the Borough of Manhattan Community College downtown; the many schools and school seats added to our City' s fastest growing address; the West Street bridges which link our residential community with the

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commercial city; the crossing guards where we have no bridge; and the Asphalt Green and Stuyvesant community centers and our ball field. He' s been a constant supporter of our seniors and of labor rights. He was the first to send food, water and electricity into his District to respond to the emergency need of Superstorm Sandy. He negotiated Battery Park City ground rents down so that families like mine can afford to stay in this neighborhood. He is a great supporter of young people who he says are our future. Thave seen him embraced by the people of Chinatown and by his Grand Street neighbors. I have witnessed his personal familiarity v.rith police precincts. I have seen the tenant association leaders of every race weep at his departure. His staff never bothered to make a list of his achievements -

he just kept achieving.

Lower Manhattan is blessed with extremely competent and professional political representatives. Daniel. Squadron is our State Senator; Margaret Chin is our Member of City Council; and Jerrold Nadler is our U.S. Congressman. Yet among all these remarkable populist leaders, our State Assemblyman, Sheldon Silver, stood out as making the most direct and visible impact for his constituents. In my opinion, it can truly be said: he governed of, by and for the people of our community. While Sheldon Silver stands convicted in Federal Court for serious crimes, his punishment must also take into account his remarkable 40 years of public service in the Assembly and 20 years as Speaker - one role reflecting the long term will ofthe people, the other reflecting the long term discretion of his peers. Please, Judge Caproni, give Mr. Silver the most lenient sentence permissible, to balance his wrong doing with all of the right doing of his long life and career. Respectfully,

o ert J. Schneck Jr.

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January 29, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: My name is Matt Schneider, and I have been a resident of Lower Manhattan since July 2002. I am also a parent of two school-age boys, and I served on Speaker Sheldon Silver's School Overcrowding Task Force from September 2012 until June 2015. Speaker Silver's Task Force served as a monthly forum to address the need for new schools in the Lower Manhattan neighborhoods that have been experiencing significant population growth since September 11. The monthly Task Force meetings brought together key stakeholders-parents, local elected officials, and senior DOE representatives to build a case for new schools. The Task Force's efforts since it's creation have served to open three additional public schools, with a fourth to be opened in the coming years. I joined Speaker Silver's School Overcrowding Task Force because I was concerned about the New York City Department of Education's plans for allocating seats in my children's school. It was clear that the school was in jeopardy oflosing rooms dedicated to art, music, and science if the DOE continued to add more Kindergarten classes than we had room for. As the overcrowding issue at the school came to a head in the winter of 2013, Speaker Silver wrote a letter to DOE Chancellor Dennis Walcott to urge him to, a) build new schools in the neighborhood, and b) allocate Kindergarten classes to other neighborhood schools that had room rather than perpetuate the strain on my children's school. The letter, along with efforts of many other task force and community members, succeeded in getting the DOE to end its over-allocation of seats and ultimately Jed to another school being added to the state capital plan. Speaker Silver served the lower Manhattan community for many years, and I thank him for his service.! write well aware of the corruption charges of which former Speaker Silver has been convicted, and I write out of deep disappointment that our community has lost a passionate and effective leader that fought for the issues that mattered most to our neighborhood. As you consider an appropriate sentence, I hope you will consider the hard work and dedication alongside his conviction.

Matt Schneider

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January 13, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni:

I have known Sheldon (Shelly) Silver for almost 60 years, both socially and somewhat professionally. We were classmates in high school and college and our paths have crossed in the most positive ways throughout these yea rs. I have always found him to be a man of integrity and honesty, who is focused on the welfare of others, especia lly his constituents. As an officer at Citibank in the '80s, one of my duties was to represent the bank on the Government Relations Task Force and my assigned contacts were the newly-elected Assemblymen Silver and Chuck Schumer. Shelly was always professional and his focus was always on assisting his constituents. My responsibilities as a Citibanker also included Lower Manhattan and I remember getting calls from Shelly asking me to intercede and correct bank errors for some of his constituents. He was personally zealous in ensuring that everyone be treated fairly and honestly. On a social level, during the summers, I served as founder/commissioner of a baseba ll league in the Catskills, which included more than 750 adult players on 46 team s. Shelly was captain of his team for over 33 years. Shelly always played by the rules and with integrity, respect ed the other captains and players- and never threw his weight around as a politician, nor as Speaker, even in the most competitive of games. Shelly served the league and the thousands of players over 33 years with t he highest level of sportsmanship and respect and care for his teammates and adversaries . When considering his sentence, I sincerely ask that Your Honor take into con siderat ion the many good and kind acts that Shelly has performed, the public service he has rendered over 40 years and his character- which I have known over the past 33 years to be one of integrity and honesty. I respectfully ask Your Honor to limit the sentence as much as possible.

~u~ ?erry sclreck

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Honorable Valerie E.Caproni United States District Judge Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 Dear Judge Caproni, Sheldon Silver has been involved in many worthwhile causes throughout his years of public service. He has worked hard to help many institutions that serve our community. As Speaker of the House Mr. Silvers was instrumental in providing assistance to Touro College (a school that our daughter attended) He has assisted The Mishkon Division of The Jewish Board of Family Services w hich services people with developmental disabilities. Ohel Children's Home has also benefitted from his assistance. Ohel provides a full range of outpatient and residential services to children and adults with disabilities and foster care services for Jewish children removed from homes of neglect or abuse. Mr. Silvers has helped many private and parochial schools and their parents. Our community is indebted to Mr. Silvers for the years of hard work that he put in for our benefit. In view of all he has accomplished and the devotion he has shown to his constituents I respectfully request leniency in his sentencing. Sincerely, Abraham and Miriam Semmel

~ ~~ Kew Gardens, NY 11415

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~ New York, NY 10013

February 1, 2016

Hon. Valerie E. Caproni United States District Judge United States Courthouse 500 Pearl Street New York, N.Y. 10007-1312 Re: Sheldon Silver Dear Judge Caproni: I am writing about Shelly Silver, whom I've known for over fifteen years in his capacity as my Assembly member, Speaker of the Assembly, and as a long-time friend. In 2000, I came back home to New York after a long stint in Washington, D.C. working in the Clinton administration. I was hired as Communications Director in Hillary Clinton's senate campaign. After her hi storic victory, I was asked to serve as the Executive Director of the New York State Democratic Committee by then State Chair Judith Hope. She knew I was a young aspiring political operative but needed the support of party leaders for this appointment. When Judith called Shelly about me, Shelly immediately hailed the selection and wholeheartedly welcomed me to the Democratic State Committee. Shelly saw this as a historic moment for my community and ca ll ed a press conference to announce my appointment as the first Asian American to serve in this capacity. Throughout my tenure at the Democratic State Committee and even after I left to open a consulting firm, Shelly often provided much needed guidance and mentored me during some rough political fights. When I would see Shelly at various political and community events, the first question is always about my parents and how they are doing. When in a room packed with constituents and elected officials, Shelly made every effort to greet with my parents and exchange a few laughs. I am most impressed with Shelly's kindness towards my parents and I've witnessed this interchange with many others in the community. I also know Shelly to be a loving husband, devoted father and doting grandfather. The most important thing in Shelly's life is undoubtedly his grandchildren . He is a great influence on their lives. As a friend, Shelly is generous with his time and advice, often giving me career direction and encouragement. I hope you will consider this information in regards to Shelly's disposition. And, I pray you will consider leniency in your deliberation.

Chung C. Seto

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Rita M. Siff New York, NY 10002

February 23, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: I have known Shelly Silver and his family on a personal level for five decades and have had a professional connection for the past twenty years. As the Coordinator of Group Services and Volunteers for Co-op Village NORC which Shelly founded and funded, I was able to see at first hand the fruits of Shelly's labor. Shelly always demonstrates compassion for older people. His great respect for the elders of our community including his parents and in-laws is obvious. He saw many neighbors aging and needing assistance and acted determinedly to help them in an official way-through key legislation to establish the Naturally Occurring Retirement Community which by now is a national movement. Through NORC an agency was developed to provide no-cost nursing, social work and group services to the senior citizens of the LES co-op community. To many with no family at all or in the neighborhood, NORC became their home away from home and our staff became their adopted family. To this day, 22 years after its establishment Shelly is appreciated through NORC which allows the aging seniors to remain in their own homes, maintain their independence, and have needed services provided in their home rather than force them to leave the community so dear to them and be transplanted to a nursing home, a likely alternative. The seniors always felt they could count on Shelly. Your Honor, in spite of the seriousness of the corruption related offenses, I plead with you to consider all of the good which Shelly has done and the many lives he has enhanced and to deliver as lenient a sentence as possible. Please, Judge Caproni, have mercy on Shelly and the people he serves. Thank you. Respectfully yours,

路, ~~

Rita M. Sift

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Rabbi Yeshaya D.Siff Young Israel Synagogue of Manhattan 519 Grand Street/ 317 Henry Street New York, NY 10002 February 23, 2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: As the Rabbi of the Young Israel Synagogue of Manhattan, I have known Shelly Silver since he was a teenager and president of the You ng Israel Intercollegiate Council more than fifty years ago. I have served as the family's rabbi throughout these years and maintain a close relationship with him. Shelly has been unique as an individual who achieved great political power and prestige yet his basic character has not changed. Despite his prominence he never became pompous or overbearing. He remained family oriented and community-minded as a human being. He and his w ife Rosa attend personal events of members of our commun ity as ari unassuming couple, refusing any honor or recognition. His greatest joy and recreation is to be together with his still growing five generation family who all look up to him. When his parents were alive he honored them greatly and continues to respect his aged mother-in-law who lives in the neighborhood. His personal integrity and loyalty to his neighbors and neighborhood have been instrumental in maintaining our local community during periods of urban upheaval. The current blossoming of the l ower East Side is directly due to his efforts. I have personally witnessed t he immense impact which Shelly has made over the past fifty years as he grew and developed in his position. He never forgot his roots or his people. This is an important aspect of Shelly Silver which unfortunately has not been portrayed and is the reason why he still maintains the appreciation, even affection of his former constituents and of all those who really know him. Even now, in his hour of public disgrace and media vilification, we see him and his wife consoling mourners and participating in community occasions and religious events as painful as it must be for them personally. This demonstrates their true character. Your Honor, in spite of the seriousness of the charges against him, please, in light of the above and for all of the immense good which Shelly has done and we all appreciate, I plead with you on behalf of myself and our entire congregation to mitigate any sentence which may be due him. Thank you .

ec ully yo~/} R

i Yesnaya"'D :Sift{ (

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BERNARD

SILVERSTEIN

CERTIFIED PUBLIC ACCOUNTANT 300 MERRICK ROAD LYNBROOK, N . Y . 11563-2502 516-596-1818 FAX516 - 596-1898

January 20, 2016 Honorable Valerie E. Caproni United States District Judge Southern District ofNew York U.S. Courthouse 40 Foley Square New York, NY 10007 Re: U.S.A. V SHELDON SILVER Dear Judge Caproni: We are writing you regarding Sheldon Silver who we have known for many years. We write this letter on behalf of Mr. Silver despite his recent conviction. We are proud of his years of service and have great faith in him and feel sincerely obligated to write this letter on his behalf. As an example of his helpfulness and time consuming efforts on behalf of his fellow man, I am describing below his devoted efforts and good works. Ten years ago, friends of ours, the Libman family contacted us regarding their grandson, Judah Libman. Judah was six years old and had numerous problems, both physical and mental. He was diagnosed as developmentally delayed, visually impaired, physically challenged and unable to ambulate, deafness and hearing and totally non-verbal. The family, their social workers and medical people were unable to get him to a school or facility that would help him. The only school that was available was in Glen Cove, Long Island, SLCD. This school treated children who had these unique disabilities. Gaining acceptance to the school was extremely difficult. At that time, we contacted some of our political leaders and rabbis to try to assist the Libman family but to no avail. We contacted Mr. Silver and advised him of our problem and he said he would see what he could do. We know that Mr. Silver had to make many calls and used his position to gain the acceptance of Judah into SLCD. After 7 tireless hours of efforts, Judah Libman was accepted to the Glen Cove School District based on Shelly's efforts.

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Judah made much progress in this school for four years and thereafter was able to get into a regular school. Judah has improved close to 90% in his functioning. He attends high school and works part-time. The Libman family has told us of Judah' s progress and told us that it' s only because of Mr. Silver's intervention1 Judah was able to get into school and become a normal functioning young man. The Libman family asked us to advise your Honor how grateful to Sheldon Silver and for the efforts he made to help their son and grandson. As a public servant, Shelly was loyal, helpful, generous and committed to all his friends and constituents. Based on all of the above, we respectfully request that you sentence Shelly as lenient a sentence as possible. '( ery truly yours.

, ,~

Arlene and Bernard Silverstein

BER NAR D

SILVERS TEI N

CERTIFI E D P UBL IC A CCO UNTAN T

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January 7, 2016 The Honorable Valerie E. Caproni Unites States District Judge Southern District ofNew York 40 Foley Square New York, NY 10007 Re: Sheldon Silver Dear Judge Caproni: As a journalist, a government public affairs officer, a public relations practitioner and a constituent, I have knovm Sheldon Silver for more than 30 years. I regard him as a dedicated, honorable and skillful elected leader. I am a daily consumer of news and am fully aware ofthe charges for which Mr. Silver has been convicted. My most direct dealing with Mr. Silver began in 2009 when, as a Battery Park City resident, I sought his help in renegotiating the ground rent agreement between the Battery Park City Authority (BPCA) and the owners of condominiums in Battery Park City. I and other representative of these home owners convinced Mr. Silver of the justice of our position and he agreed to intercede on our behalf to convince the BPCA to negotiate with us in good faith. He monitored the negotiations and at the end of a year-long process he intervened once again to convince the BPCA to make one final small concession to successfully conclude the negotiations. His involvement helped correct a serious injustice which would have made Battery Park City unaffordable to the middle class. Mr. Silver provided frank and honest advice throughout the process. This is typical of the service he has provided to his constituents throughout his years in office. At no time did Mr. Silver or any person representing him seek any consideration of any type except that we remember his service on Election Day. Mr. Silver was aware throughout this process is that I work on behalf of Quinnipiac University preparing and distributing the press releases which present the results of the Quinnipiac University Poll. Many of those releases noted that Mr. Silver, as Speaker of the New York State Assembly, had a poor job approval rating and a low favorability rating. Other findings in those press releases also were unfavorable to Mr. Silver as Assembly Speaker.

My duties as a publicist reporting on the poll results never were discussed or implied in any fashion in my dealings with Mr. Silver as a constituent seeking assistance.

continued

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Sheldon Silver -page 2 Judging him from my personal experience, I regard him as a skilled and honorable public official. I respectfully ask that you consider in your sentencing decision his years of devoted service to his constituents. Thank you for your time and consideration in this matter.

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The Hon ornbl c Valerio E Capra ni Un itod State District J~udgc South em District of New Yor-k 40 Foley Square Nll:l:VI York~ NY 110007 Rc Sheldon Silver Dear J ud gc Ca:prot1i I have known Sh eldon Silver for over 25 years as a commu nity resident~ parent loader and worker in h is fom1m- district. Thelast six years I ha.ve had the honor of serving as th e Re:sidcnt Association President for Alfred E. Smith Houses.

the~

capacities. und erstanding the offenses Mr. Silver

was convicted 1 I wri te t his letter on h is behalf. M r. Silver as p ub lic servant has worked with our to help better educate our children by (Insuring that Title I schools pamnt received information importam

to them and

supporting the failing sch-ools to become an exc-ellent edu cational haven for children in our c ommun ity , Alfred E. Smith Rcsidc rtts have suffered through 911{ the onl y N!YCHA d cvclopmcrlt which is in Gro und

Ze ro)~ carth~quakc.

Hurricanes !rene and Sandy and fatal

shootings in the devel opment In all t hose inst ances Mr. Silver h.as

b~n

pms<Cnt t o help o ur commun it)' and in doing so gave u:s hope to corllin uo.

0 pcni 119 a Now York St ato for low income famil ios inva lvcd in Softball Sports could have a Family Day of over 100 families ( 11 sc-hoo l b uses) in W'olch Lake Park. During 911 ho in sured that Sen iors rc.'C1live<.l ce ll phones to co ntac t family and mob ile van for infom1ation to residents N- '· ·,·r.•RK.

1 )

rt 1 -

P.age 1 t:JI 2

r1T

11 •• i:

... , corr

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about medical or fEMA anytll ing they may need to know. In 2010. t he carttl qu~kc

and hurricooc mron e , he delegated staff to assist residents to

cwacuatc Smith Houses gave resources such as transportation to the shelters. When Smith Houses had fatal shootings. he set up gun buy day for the Lower East Side to get guns off t he :street and out our yout hs hands. Lateness has boon Super Storm Sandy making sure we had food , water and medical ne-eds m ot. Pcrs ona.lly g ivo out water at,d food until midnight in the Alfred E Smith Park Plaza to f amilie-s in tho community. I a~k for th e court to deliver a scntenc.: with leniency because of all o f the issues • have stated.

Respectfully su bmitted.

_.•]lAd ().

·-,Jtl ti£'.'

Aixa 0. Torres

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!â&#x20AC;˘ANHATTAN YOUTH c-b Townlf'y

r7ollnd.-:r and

Exe<.utrv~

Drrector

December 21, 2015 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York NY 10007

Dear Judge Caproni: I am writing you concerning the sentence of former Speaker Sheldon Silver. appreciate your time in reading my letter asking for leniency. I am the founder of Manhattan Youth a nonprofit that serves more than 2500 families each day in more than 20 sites including the Downtown Community Center in Tribeca. We have now over 700 employees. I meet and hire a lot of people and consider myself a good judge of character. With that said, I try not to judge a man or women by only one event in their life. It would be easy to state how much Sheldon Silver has helped many community organizations like ours and because of it ask for leniency. Yet, considering the seriousness of the situation I want to be convincing concerning the character of Sheldon Silver. I attended the trial to hear for myself to understand the accusations and support our community leader. From traffic safety on West street, to preventing attacks on women in the parks, to human rights, for tenant's rights, for effective use of governmental resources to help poor citizens and most importantly assisting families to raise their children. That is my work. I try to align myself with people who share these concerns for other people. More painful for me than the conviction is to see Mr. Silver's legacy destroyed. It is painful to see accounts that Shelly did not care about women, ruled with an iron fist, did not develop the Lower East side for f inancial reasons or everything 170 Warren Str<wt Nt'W York. NY 10007

N.vw.m,lnh1t ' '' yol!tl .o r g

2:7 766 .1104 x/.2!)

bobarnanhattanyouth.org

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for Silver was a quid pro quo. I understand and have witnessed Mr. Silver's work for thirty years and it is just not true. It hurts. Shelly Silver never asked us for anything in return from Manhattan Youth. He instructed us to help people. I could write for hours, but Judge Caproni I respect your efforts and your time. Again I attended the trial and I must say your job is of service to our society. But if I may I would like to conclude with a statement and some reflection. Shelly Silver was an unsung hero after September 11th. As you know his district covered our area . The day of the attack I located Shelly and told him I was going to call a community meeting in a park right outside the "hot Zone" on Canal Street. (Attached articles) He cares about others and immediately suggested to help seniors get back to their homes and to get their medicine. He arranged it with the Police and The Battery Park City Authority and we drove on the esplanade in BPC. Back and forth for a month. Shelly was called on countless times. He cared and always broke things down to what is best for the people. He cares. Contrary to suggestions Sheldon Silver ruled with an "iron fist" was his character that works out compromise. This why people elected him in the 1980's and the assembly elected him as a leader. I am sure Shelly was tough on occasion but overall he found middle ground. This should be his legacy because it is his character. Please your honor do not put Sheldon Silver in jail. Some recognition of good deeds and hard work needs to carne out. Otherwise we are left with the old view that everything, all the time is corrupt. This is not the case here. Sincerely

Case 1:15-cr-00093-VEC Document 262-16 Filed 04/20/16 Page 5 of 7 Law Offices of MORRIS TUCHMAN

134 Lexington Avenue, New York, New York 10016- Telephone (212) 213-8899 Telefax Morris Tuchman* J. Ari Weiss*

(212) 213-6308

Correspondence to New York

*Admitted Connecticut, New York

Long Island Office 35 Dune Road Westhampton Beach, New York 11978

December 31 , 2015 The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, N.Y. 10007 Re: Sheldon Silver Dear Judge Caproni: I write the Court to give the Court a picture of the Sheldon Silver that I know and the good that he has done for an important community in an entirely unrequited way. I recently ended my tenure (for close to ten years) as president of the Hampton Synagogue in Westhampton Beach, New York. This synagogue is one of the best known, and most celebrated, in the United States; attracting gifted speakers, authors, religious leaders of all types and close to 1,000 congregants each Saturday morning from May to September each year. Mr. Silver spent the weekend at my home when he was there with Senator Joseph Lieberman (who was then running for president of the United States). Mr. Silver was humble, soft spoken but passionate in supporting Senator Lieberman's efforts that weekend. As it was the Jewish "Shabbat", in an "orthodox" congregation, there was, of course, no fund-raising, merely an earnest, and good willed, desire to help Senator Lieberman in an historic effort to elect the first Jewish president in U.S. history. It was impressive that the speaker of the Assembly gave up a weekend in the summer in this way. We had a "friendly" relationship after the weekend. Mr. Silver looked in on my wife, and asked about her, some years later, at Beekman Downtown Hospital where she had knee surgery after a skiing accident in Colorado. You could tell that Mr. Silver was revered at the institution and had done much for its funding and survival.

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The Honorable Valerie E. Caproni December 31, 2015 Page Two However, the area that Mr. Silver helped our congregation, and our community, the most was in its long battle for the establishment of an "Eiruv" in the community. Eiruv comes from the Hebrew source word of "le-arev" to unite, and that is what Mr. Silver's effort profoundly effected. The reform, conservative, orthodox and even unaffiliated congregants at the Hampton Synagogue were united in the quest for religious liberty "in play" in the municipalities' efforts to deny the community an Eiruv. Any time that I called Mr. Silver for advice, he returned my call and offered it. No matter where he was. He always returned the call. He was in contact with Verizon often, at my request, to facilitate their granting licenses to use their utility poles to establish the Eiruv. Frankly, without his help, the Eiruv would not have been established as the municipalities were pressuring Verizon to deny licenses to use their poles. The Second Circuit Court of Appeals has vindicated these efforts as has every court to consider the issue. Mr. Silver, grudgingly, consented to my thanking him in public for his great effort, without any remuneration, on behalf of the community. He would not attend the Eiruv dedication Shabbat though, as, he explained, that summer weekend was family time that he could not miss. This notwithstanding that he would have seen the gratitude of the community for his efforts and been the "toast of the town". I understand that Mr. Silver stands convicted of a crime and that Your Honor will be sentencing him soon. I urge the Court to be as lenient in any sentence as possible as Mr. Silver has been such a uniting force in our community, a champion of religious liberty, a loyal friend and family man, and in this entire series of events recounted, did not seek, nor receive, remuneration of any kind. He did it for the "mitzvah" and because it was right and just.

Respect ul /S/ MO

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=eoruarv 16. 2016

ne Honorable Valerie E. Caproni United States District; Juci!?~ Southern District of New Yon . .W foiey Square

New York, New York 10007

Re: Sheldon Silver

,j ecir Judge Caprom,

My name is Jettrey Vo~el. I am a lifelon~ resident of the Hillman Houses on the lower East Side of Manhattan. i have been workin~ as an Attendance Teacher for the NYC Oeoartment of Educatic:n ~颅 the last 25 years. Mr. Silver has been my nei~hbor for approximately the last 20 years or so. While I know that Mr. Sliver has been convicted of corruotion related offenses: I would like to share a couple of thin~s that Mr. Silver has done to help my family, as well as the community at large.

My fate father (afsc a neighbor in our buifciing) was having problems ontam:r:;;: r::.:c ~~l~~:4,-'1 payments. Mr. Silver helped my father and he did start gettine his Social securitv oavments short~, thereafter. 'ivften my son Jason was aneno1ng P.S.llO down the bioci< from where we aii iive; there wasn't any tratfic iight on tne corner of Detancey and lewis Streets. Cars would come tearing around the corner r;1unmg students crossing the street at risk. We made Mr. Silver aware of this and he helped the community get a traffidight instaiied tnQ~" I also have had friendly interactions with Mrs. Silver and their children. All are very pleasant, friendly and generous. The Silvers have been good neighbors. I would respectfully ask the Court to give Mr. Silver as lenient a sentence as you feel is possible. Respectfully yours~

~-~~. U路 Jlr ./e#rey ~agel

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Ma~sq. Westport, Connecticut 06880 January 19,2016 The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 Re: Letter in Support of Sheldon Silver Dear Judge Caproni: My name is Matthew R. Weilgus and I have been a long-time friend of Sheldon Silver and his family. I am currently 34 years old, a commercial real estate attorney at the law firm of Robinson & Cole LLP, and living in Connecticut with my wife and two children. I have known Mr. Silver since I was a boy going with my father, Leonard Weilgus, to his hardware business, Weilgus & Sons, Inc. , which is still located on the Lower East Side of Manhattan. I developed a more meaningful relationship with Mr. Silver when he so graciously gave me the invaluable opportunity to intern in his former District Office during hi s tenure as Speaker of the New York State Assembly while I was home in New York as a college student at the University of Michigan in the summers of2002 and 2003. Prior to those internships, Mr. Silver assisted in my securing of another internship with then-Assemblyman Thomas P. DiNapoli in his former District Office in Great Neck, NY in the summer of2001. During my time as an intern, I benefited from unique exposure to Mr. Silver and his staff and Assembly colleagues. I performed tasks such as petitioning for Democratic state legislative and judicial candidates throughout lower Manhattan, answered calls and drafted letters to Mr. Silver's constituency, and attended several state govenunent events during a crucial point in lower MaP~~attan's history in the wake of September 11 , 2001. While I am aware that Mr. Silver has been convicted of corruption-related offenses and understand the seriousness of this situation, I write this letter in support of Mr. Silver, who has been nothing but beneficial and kind to my family and I over the years. I respectfully request that the Court deliver as lenient a sentence as possible in connection with Mr. Silver' s conviction.

Res~,.,fu~ly_L I

/fk

~ t;:iliZ.. f0;J

~atthew R. Weilg~s

.. q.

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Weilgus & Sons, Inc. 158 E. Broadway New York, New York 10002 January

_Zf}_, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District ofNew York 40 Foley Square New York, New York 10007 Re:

Letter in Support of Sheldon Silver

Dear Judge Caproni: My name is Leonard Weilgus, President of Weilgus & Sons, Inc., a family-owned and operated business on the Lower East Side of Manhattan for approximately 70 years. I have known Mr. Silver since 1965 when his father owned and operated the Nathan Silver hardware business on the Lower East Side and I was working summers at my family's business which was then known as Weilgus Brothers Hardware. I had just graduated from Lincoln High School in Brooklyn and Mr. Silver was working for his father while he was a law student at Brooklyn Law School. Mr. Silver and I became fast friends and we remained in contact over the years as he rose to prominence in politics. He remained close friends with many of my cousins who reside on the Lower East Side. Mr. Silver and his family were always there for our family in times of need, including, without limitation, assisting my son Matthew in securing internships for thenAssemblyman Thomas P. DiNapoli in the summer of2001 and then in Mr. Silver's own District Office in the summers of 2002 and 2003. While I am aware that Mr. Silver has been convicted of corruption-related offenses and understand the seriousness of this situation, I write this letter in support of Mr. Silver, who has been nothing but beneficial and kind to my family and I over the years. I respectfully request that the Court deliver as lenient a sentence as possible in connection with Mr. Silver's conviction.

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. . A Uoion o[Pro["''""'''

American Federation of Teachers, AFL-CIO AFT Teachers AFTPSRP AFT Higher Education AFT Public Employees AFT Nurses and Health Professionals

March 14,2016 The Honorable Valerie E. Caproni United States District Court Southern District of New York 40 Foley Square New York, NY 10007

555 New jersey Ave. N.W. Washington, DC 20001 202-879-4400 www.aft.org Randi Weingarten PRESIDENT

Lorretta Johnson SECRETARY-TREASURER

Re:

Sheldon Silver

Mary Cathryn Ricker EXECUTIVE VICE PRESIDENT

Dear Judge Caproni: I am writing on behalf of Sheldon Silver, as someone who has worked closely with him

for the last 30 years. I have spent my professional life representing educators, paraprofessionals and other school-related personnel. For 22 years, I worked for the United Federation of Teachers, a union representing education and healthcare professionals in New York City, first as counsel to the president and then fo r 12 years as president. Since 2008, I h ave served as president of the American Federation of Teachers, AFL-CIO, which has more than 1.6 million m embers. As a public servant, Shelly Silver was committed to ensuring all people had the opportunity to receive a public education. He was a staunch supporter of public education at all levels, from prekindergarten through college. He proposed, fought for and essentially single-handedly created the first universal pre-K for all 4-year-olds in New York state through his LADDER (Learning, Achieving, Developing by Directing Educational Resources) program. He continued to fight for these pre-K programs with every new gubernatorial administration . As speaker of the state Assembly, he made it clear that bringing financial resources to help New York City public schools was his priority. He understood the n eeds of those without financial m eans and made sure that state budgets were in place (and, when necessary, increased) so that school and after-school programs could be instituted and funded. He initiated the RESCUE (Rebuild Schools to Uphold Education) program, budgeting $195 million for school infrastructure, construction and reconstruction projects to ensure that school facilities throughout the state were safe for children and educators alike.

1916-2016

OOI!!IRY

LEB~TION

H ON OR ING O U R PAST A ND IN SPI RING O U R FUTU RE

The American Federation of Teachers is a union of professionals that champions fairness; democracy; economic opportlmity; and high-quality public education, healthcare and public services for our students, their families and our communities. We are committed to advancing these principles through community engagement, organizing, collective bargaining and political activism, and especially through the work our members do.

VICE PRESIDENTS

Shelvy Abrams Mary Armstrong Barbara Bowen Elsie Burkhalter Christine Campbell Stacey Caruso-Sharpe Kathy A. Chavez Melissa Cropper Evelyn DeJesus Marietta English Eric Feaver Frank Flynn Catalina Fortina David Gray David Hecker Fedrick C.lngram Keith Johnson jerry Jordan Dennis Kelly Susan Kent Ted Kirsch Frederick Kowal Karen G.J. Lewis Karen Magee Louis Malfaro Joanne M. McCall John McDonald Martin Messner Daniel). Montgomery Michael N. Mulgrew Ruby Newbold Candice Owley Andrew Pallotta Josh Pechthalt Paul Pecorale David Quolke Steve Rooney Denise Specht TimStoelb Richard Sturman Ann Twomey Adam Urbanski

Case 1:15-cr-00093-VEC Document 262-17 Filed 04/20/16 Page 4 of 12 Judge Caproni / Page 2

I cannot say that Shelly Silver and I agreed on every issue. However, I always knew that his ultimate goal was th e same as mine. He was a tireless advocate for public education and worked continually to ensure that parents and students had the resources they needed so all children could h ave access to a high-quality education. I am aware that Shelly Silver has been convicted of corruption-related offe nses. However, the programs described above are just a few of the many educational programs he successfully initiated, supported and n egotiated. I ask that, when sentencing him, Your Honor take into account h is good works in fighting for and promoting education throughout the state.

Respectfully,

짜:!w~J.n-

RW: lh opeiu#2 afl-cio

Case 1:15-cr-00093-VEC Document 262-17 Filed 04/20/16 Page 5 of 12

HARVEY WEISENBERG

January 23, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Dear Judge Caproni: I write to you on behalf of Sheldon Silver, who will soon appear before you for sentencing. I have known and worked closely with Shelly for over 25 years in my capacity as a New York State Assemblyman, where I represented a pottion ofNassau County until my retirement in 20 14. Prior to serving in the Assembly, I was first a police officer, then a special education teacher, and as an elected official, became a staunch advocate for people with disabilities. I am also a parent of an adult with severe multiple disabilities. There was never a time in my tenure that Shelly refused to lend assistance to those in need if it was in his power to do so. I can recall hundreds of instances where I approached Shelly about Assembly support for programs that help children and adults with disabilities and their fam ilies. He consistently helped me in this regard to ensure our state delivered for people in need and was a strong voice for those who had no voice. During the 2013 budget process, I was di smayed to discover the Governor had proposed a $90 million cut to programs serving children and adults with developmental disabilities. Needless to say, this funding reduction would have been devastating to thousands of families in our state. Shelly joined forces with me to avert this disaster, and through his advocacy at the negotiating table, we were able to restore the funding. Again, in 2014, Shelly utilized his exceptional mediation skills toward attaining a cost of living raise for direct caregivers who, for very little salary, do the formidable work of caring for people with severe disabilities and other conditions that render them unable to perform daily tasks such as basic hygiene, dressing and feeding themselves. Shelly entered into those discussions with no initial Senate or Executive support, but came out successful. These actions not only provided some fiscal assistance to some of our state's working poor, but also sent a message to them that the work they do is valued.

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From helping to ensure my local firefighters and classroom teachers have the tools they need to do their jobs, to helping me establish a summer respite camp on Long Island for children with cancer, and three residences for medically fragile children that no one else in New York could treat, Shelly never turned his back on people in need. On many occasions, Shelly accompanied me in visiting programs that serve our special children. I can attest from experience that people who visit these programs will look, but not always really see these children; they will listen, but perhaps not truly hear their voices and their needs. Shelly Silver genuinely saw, heard and acted on their behalf. I have seen the amazing results of his deep capacity for empathy and kindness and I respectfully ask that you take these actions and qualities into account as you undertake the task of determining his sentence. Because I have a great deal of respect and admiration for Shelly, it remains difficult for me to reconcile the crimes detailed in his indictment with the person I know him to be. I watched Shelly advance from a rank-and-file Assembly Member, to the Chair of the Codes Committee, to Chair of Ways & Means, and finally, his transition to Speaker. During that time, Shelly never grew too busy or too important to listen to concerns, to treat everyone he met with dignity, or to informally greet members, staff and visitors in our hallways. He demonstrated a remarkable ability to remain humble, despite the broad powers entrusted to him as Speaker. Unlike other leaders, he never led our conference through fear, threats, or intimidation. During a failed coup attempt, he showed admirable restraint and forbearance in the face of blatant disloyalty and betrayal by someone he considered not only a political ally, but a friend. I have always witnessed in him, an innate sense of decency that compels him to move forward and not become a leader who ruled with vindictiveness and cynicism. That is why Shelly always had my support for Speaker and why he has my support today in asking that you take his countless mitigating acts into consideration when deciding his sentence. I thank you for your kind consideration of my comments and hope they are received in the spirit in which they are intended. Sincerely,

\j~~

Harvey~enberg

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LAW OFFICES OF MARCEL WEISMAN, LLC 45 BROADWAY-12TH FLOOR NEW YORK, NY 10006

MARCEL WEISMAN KERRY KLEIN MARK D. WEISMAN JACK WEISMAN* EZRA HOLCZER

Long Island Office

Tel. (212) 968-9607 Fax: (212) 968-0296

e-mail: mwnewyork45@yahoo.com

335 CENTRAL AVENUE LAWRENCE, NY 11559 (516)791-6100

â&#x20AC;˘ALSO ADM11TED IN N.J

ROY S. HILLER AL YIN C. GORDON, M.D. AVA M. GORDON, M.D. RHONA SILVERMAN

January 21 , 2016

ELIBABAEV

_ ____._T.uhe~Honorable Valerie E. Caproni TRIAL colfflifted States District Judge Southern District of New York 40 Foley Square New York, NY 10007

Re:

Sheldon Silver

Dear Judge Caproni: I have been an attorney for over 50 years and have known Sheldon Silver for approximately 25 years. We are neighbors during the summer in Woodlake Village, located in upstate New York. I am aware that Mr. Silver has been convicted of corruption-related offenses. I would like to make the Court aware that for the entire time I have known Mr. Silver, he has always treated me and others in our community with love. kindness and respect. Whenever he sees me, he always asks about the welfare of my wife, who suffers from acute neuropathy. Mr. Silver is also committed to the needs of the community, whether on voting issues or in the synagogue, where he is an active member. I have observed him in the synagogue for 25 years praying with fervor and piety, and he will not interrupt others or be interrupted during prayers. Additionally, I know Mr. Silver to be active both personally and as a public servant with many fine organizations. Two such organizations that are close to my heart are the Hatzalah Volunteer Ambulance Corps, and Ohel Chi ldren's Home and Family Services. Mr. Silver's support of Hatzalah has turned it into one of the finest volunteer ambulance services in the country, and their volunteers have responded to emergencies involving both myself and my wife within two minutes. Without Mr. Silver's support ofHatzalah, it is possible that the emergencies we suffered would have had tragic outcomes. Indeed, I know that there are about a dozen regional branches of Hatzalah that have benefitted from Mr. Silver's support, resulting in countless saved lives.

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January 21 , 2016 The Honorable Valerie E. Caproni Page 2

Similarly, I have seen how Ohel has saved thousands of children, families and the disabled from homelessness or worse through their health programs and outreach. None of this would have been possible without Mr. Silver's support. My family, our community, and many fine organizations such as Hatzalah and Ohel will suffer without Mr. Silver's presence. I would ask the Court to please consider as lenient a sentence as possible. Thank you for the Court' s consideration, and please do not hesitate to contact me.

/ l.

路'V ew truly yours,

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DONALD H. WEST

February 25, 2016 THE HONORABLE V ALERJE E. CAPRONI

United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Honorable Judge Caproni: I am 76 years old and a lifelong resident of the Lower East Side of Manhattan. Currently I am the President of the Seventh Precinct Community Council, and have been in this position for twenty years, as a volunteer. I was also a Director of the Board of the Seward Park Cooperative for fourteen years; ten of those years as president. Seward Park Cooperative consists of seventeen hundred and twenty eight apartments, two shopping centers, an eightfloor commercial building, an indoor garage and outdoor parking lot, on 13 acres. Due to these voluntary positions, I was constantly in contact with all of my local representatives, addressing the many, myriad concerns of our community. As President of Seward Park Cooperative, I really became particularly familiar with Sheldon Silver. Over the years, Sheldon Silver helped in many ways the people on the Lower East Side.

Case 1:15-cr-00093-VEC Document 262-17 Filed 04/20/16 Page 10 of 12 THE HONORABLE VALERIE E. CAPRONl

From Donald H. West In Support of Sheldon Silver Page 2 of2, February 24,2016 One especially critical program Assemblyman Silver helped to make happen was our "Naturally Occurring Retirement Community" (NORC) initiative. The idea behind it was - in the wake of the nursing home scandals - to keep our senior citizens in their homes. It was the first NORC in the nation - and it still may be the largest, too. Proudly I can report that our NORC soon became the template for the rest of the nation. Also at Seward Park Cooperative: In 1999, our common area above our garage collapsed, thus destroying the parking garage and parking lot above (along with a great many cars -though no fatalities). In any event, this left 418 shareholders suddenly without parking. I contacted Sheldon Silver and he was the main engine behind securing temporary parking on unused South Street side-streets, only a few blocks away, until our garage was rebuilt. Sheldon Silver also gave back to the Community through donations for our Chanukah and Christmas Toy-Give-Away at the Seventh Precinct. Additionally, he has also been a potent supporter of our District's "National Night Out Against Crime." Whenever his schedule permitted he would attend - and thereby supportCouncil Meetings at the 7th Precinct. I have known Sheldon Silver for thirty five years as a family man, hard working, and an effective and important friend to the community which he served. I am aware and understand that Sheldon Silver was convicted of corruption related offenses. However, I have enough faith in Sheldon Silver to unhesitatingly write this letter of support on his behalf. I truly believe that Sheldon Silver would not knowingly or intentionally do anything to violate law. I am asking the Court to please consider a lenient sentence for Sheldon Silver. Sincerely,

~~MuJ_ur

Case 1:15-cr-00093-VEC Document 262-17 Filed 04/20/16 Page 11 of 12

Moshe H. Wieder

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 January 28, 2016 Re: Sheldon (Shelly) Silver Dear Judge Caproni, It grieves me to have to write a letter on Shelly's behalf to the Court under the current circumstances and his conviction of corruption related offenses, because I would feel it an honor to write a letter of reference for him. I hasten to add that I do not countenance any breaking of the law of this land. However, I admit that this entire case is all so foreign and far from the Sheldon Silver that I have gotten to know for over two decades.

My name is Moshe Wieder, married with children and grandchildren. In 1982 I started a post-secondary vocational institution in Brooklyn and, subsequently, also bought and own other such schools in the tristate area. These institutions are geared to teach Automotive Technology, Medical Technology or Secretarial Science. In my community involvement I serve as Trustee ofMaimonides Medical Center, as well as a number of lesser known non-profit organizations. I was also a Board Member of the Ohel Children's Home and Family Services for some fifteen years. As the Court will appreciate, in my professional life and volunteerism I have met many people from all walks of life. Yet, in all my years I have not met anyone who is as ' color and gender blind' as is Shelly Silver. I have seen him champion so many groups and individuals where he did not and could not expect any thanks. In fact, he has taken up causes, such as gay rights, that are inimical to his own religious Orthodox community, and he suffered much criticism and humiliation as a result. All this notwithstanding, he persevered and helped ensure their protection under the law. My family spends the summers at Woodlake Village in the Catskills, as does the Silver family. He was a high profile personality there with a constant stream of people coming to their place. Our first summer there was twenty-five years ago. I clearly recall the second Friday afternoon when Shelly, who did not know me other than to say hello, reached out to me in a most sensitive and understanding way that I have never forgotten. I believe that it epitomizes the person that Shelly is. The holiday home villages and colonies had baseball leagues, eagerly watched by family members who came to cheer on their fathers. I was never good at baseball, and Shelly was clearly athletic, confident and competitive. He was pitching and I was at bat. After my first strike out he had my measure and, in subsequent games as well, would lob the ball softly so that I could get a bat to it. He did not want to embarrass me in front of my kids or anyone else.

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I have never forgotten his consideration- it meant a lot. Over the years, I have been witness to many more such solicitous actions of his to so many others. I have observed his interaction with many individuals from diverse backgrounds and communities who have come to his home. Particularly, allow me to point out two groups where I believe that Shelly has been a true champion. The first is comprised of thousands of cancer patients in Brooklyn. Despite its population of almost 3 million, there was no dedicated cancer center in the borough. Patients had to make the effort of travel to Manhattan. On behalf of Maimonides Medical Center, I spoke to Shelly and he made the cause of these patients his own. I believe that he made the Cancer Center happen, and today it is a Brooklyn world-class resource for so many in need of help in their battle against this dreaded disease. The other group are those with Down Syndrome and similar conditions who needed a spokesman and champion. In my capacity as a Board member of Ohel I saw the establishment of the Beth Ezra assisted living homes for this population group scattered all over Brooklyn. In fact, one of these homes happens to be on the block where I live. I see the care that they receive and the dignity with which they live. This was possible and happened under Shelly's watch, caring and outreach. Simply, there are many, many parents who are so grateful that their children have a chance to live life as normally as possible, especially as they grow older, and that gratitude is due to Shelly. In addition, allow me to mention two groups of women to whom Shelly has rendered eternal service, literally. The first group are women suffering from infertility who so desperately want to have a child or children of their own. We have some friends who fall into this category. Their ache and pain is tragic and for so many years fertility treatments were not covered by insurance. Thus, those in poor or difficult economic circumstances had no way to afford these expensive and protracted treatments. Shelly was approached to see if he could help somehow. And he did. Through his efforts a bill was passed in NY that mandated the covering of fertility treatments. The other group of women, smaller than the above, suffered terrible abuse and pain for many years until Shelly Silver stepped in to bring balm to their hurt. I refer here to religious Jewish women who are abused by their husbands who will not grant them a Jewish religious divorce known as a get. They are literally held ransom for exorbitant sums or at the husband's malicious whim, as they cannot get remarried in terms of Jewish religious law and are thus 'chained' to these husbands. Shelly Silver set out to do something about it and shepherded what became known as the 'get law' through the NY State legislature and has brought relief to so many of these unfortunate ladies. Your Honor, I understand the seriousness of Shelly's case, I do. However, I earnestly request that you consider his many, many good works where he has brought relief and hope to, literally, thousands and so many more who will benefit from his actions into the future. Please show him kindness and extend to him whatever leniency is possible. Respectfully,

PfhMoshe H. Wieder

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JAMES A. YATES 13

March 3, 2015

Hon. Valerie E. Caproni U.S. District Court Southern District of New York Your Honor, I respectfully write to ask that you take into account, in mitigation of the sentence you are about to impose upon Sheldon Silver, the many good works and beneficial undertakings that are, for me, the legacy of his lengthy career in public service. As a former judge, who spent years sitting in Criminal Term, I can appreciate the difficult task before you. How do you weigh the finding of wrongful acts underlying his conviction against the many efforts and accomplishments performed on behalf of his constituents and the people of New York State for more than thirty years? I cannot, and will not, speak to the propriety of the private arrangements which led to his conviction. The sworn criminal complaint alleged that Mr. Silver "kept secret from his legislative staff that he was receiving referral fees from the Real Estate Law Firm and client referrals from Doctor-1." It is true, that they were unknown to me. However, as his legislative counsel from January 2011 to January 2015, I am fully familiar with Speaker Silver's legislative accomplishments. I can state unequivocally that the direction he gave me in my negotiations during those years was principled, thoughtful and reflective of the Assembly conference's common desire to help to improve the lot of all New Yorkers. I left the bench to work as Counsel to the Speaker because I wanted to work with him on a vast array of progressive legislative proposals he supported or sponsored; the many hundreds of proposals ranging from criminal justice reform, provision of meaningful health care, worker protection, domestic violence prevention, and more. In each of those areas, and beyond, I knew that Speaker was a voice for reform and innovation with an abiding concern for fairness and justice. I could list, without exaggeration, a thousand bills that were the object of our many discussions, but the ones that first leap to mind include:

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restrictions on illegal use and possession of firearms by those afflicted with mental disabilities or those who had a criminal history; restructuring of the tax code to bring fairness and relief to struggling lower and middle class families; a farmworker bill of rights to provide safe, sanitary working conditions to many temporary workers; reform of our marijuana laws and access to prescribed medical relief where appropriate; a DREAM act providing an affordable public education to children who are caught in the no-man's land of residence without documentation; a Women's Equality Act, aimed to prevent discrimination in employment and housing, while assuring adequate access to meaningful health care; campaign finance reform, seeking to open elective office to candidates regardless of wealth; reform of the spending formulas in support of public school financing, in an effort to eliminate any unfair disparity in access to a sound public education. In each of these areas, and many more, the Speaker led his colleagues, sometimes successfully and sometimes not, but always in an effort to serve the public. lam not writing to contest or re-litigate the issues of the trial, but I can only say that each and every one of the bills and legislative proposals upon which we worked together were uniformly aimed at betterment of the public weal, free of any other consideration. As well, on a personal note, in my experience working with Speaker Silver on a daily basis, he was always, without exception, a kind, considerate and thoughtful person who treated colleagues, employees and friends with kindness, generosity and above all, courtesy. He is a deeply religious man who not only attends to religious protocol, but lives thereby. It is my heartfelt wish that all of the good that Speaker Silver did in his years of public service and in his personal life weigh heavily to his benefit in whatever sentence you may feel to be just.

Sincerely,

Case 1:15-cr-00093-VEC Document 262-18 Filed 04/20/16 Page 3 of 7 February 18, 2016 Dear Judge Caproni, My name is Susan Yomtov, and I am writing this letter on behalf of a good family friend, Sheldon Silver. I am currently a resident living on the Lower East Side. I am married, and a mother to three sons. I work as a Registered Dental Hygienist. My family has known the Silvers for over 60 years. My grandparents, who grew up on the Lower East Side knew Mr. Silver's parents very well. They spent many wonderful years, along with the Silvers, raising their families here, and celebrating the high holidays at the Young Israel /Bialystoker Shul. I remember my grandparents used to tell me, that as a young boy, Sheldon used to come into their candy store all the time for ice cream and other sweet treats. They always remembered him as a pleasant and respectful young man. It was no wonder to them that he went into law and public service. At such a young age, they noticed he had a special interest and concern for his community, and for the people who lived within it. This concern would remain strong for many years to follow. ... I would like to recall a time in 2008, when my mother and I were involved in a family dispute. We were being wrongfully sued involving a real estate property that my grandmother was living in at the time. My mother's siblings had completely ceased communication with their mother, and it was up to my mother and I to support her in every way. We immediately turned to Mr. Silver for help. From the very beginning, he listened to our situation, and eased our minds and fears. He knew we had always put the best interests of my grandmother first, and when he saw how unfairly she was being treated, he felt an immense need to help. He believed in our case very strongly, and was even kind enough to take it on pro bono. Most importantly, the respect and concern he gave my 95 year old grandmother will forever be appreciated. My family and I will always be grateful for his support during a difficult time. I am aware that he has been convicted on corrupted related offenses, and I fully understand how serious these offenses are. I am just hoping that when you are considering his sentencing, you will be as lenient as you can possibly be. Mr. Silver is a kind human being, whom to many people (including myself), has been a role model. He has inspired so many lives for being strong family-oriented, educated, and professionally accomplished. These are standards people should aspire to. These are characteristics that not only drive societies to succeed, but also to thrive. I ask you to please keep in mind all of Mr. Silver's positive contributions, not only to the people of the Lower East Side, New York City, and New York State, but to our society as a whole. He has worked tirelessly for so many years improving the lives of people by providing for the elderly, helping the disadvantaged, and building strong communities where families can grow and feel proud. I have witnessed firsthand how Lower Manhattan has grown into a wonderful place to raise families. Mr. Silver has played a large role in that success. I speak for many people who are grateful to him, and are thankful for all his efforts throughout the years to make New York a better place. I personally believe Mr. Silver has served the people of New York and the Assembly with honor, and it has been a pleasure for him to be part of. I thank you so much for reading, and taking my feelings into consideration.

:I:~ tcf~J-

Susan Yomtov

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f mm~~ THE -~.,..f-~.CHINESE CHAMBER

iff

OF COMMERCE OF N.Y., INC.

33 BOWERY, SUITtC路202, NEW YORK, N.Y. 10002 路 Ttl. !212' 276路2795

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007 Re: Sheldon Silver Dear Judge Caproni: My name is Justin Yu.

I am currently Chairman in the Chinese Chamber of Commerce located

at 33 Bowery, Suite C202. The Chinese Chamber of Commerce was established in 1904. We have been serving the Asian American community in NYC for 111 years. I have known Mr. Silver for more than 30 years. During the years Mr. Silver served in the New York State Assembly. He continuously maintains a very close relationship with the community he served. Mr. Silver has been helping many social service agencies in the area to receive enough grants to serve many new immigrants. He has indirectly been helping the small businesses to survive in the area. As a community activist, I have personal contacted Mr. Silver in numerous occasions. His dedication to help the community was obvious. No request concern of helping the community was rejected by Mr. Silver and his employees. I understand Mr. Sheldon Silver has been convicted of serious offenses. Please consider his great service to our community and the good that he has done for many new immigrants. I humbly ask for leniency in sentencing Mr. Silver. Sheldon Silver has served our community with good Intentions and dedication.

Chairman Chinese Chamber of Commerce of New York

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KOLLEL AGUDATH ACHIM DISKIN 5/28 JERUSALEM, 96440 ISRAEL 052 611 9419 RA V AHARON ZIEGLER, ROSH KOLLEL U.S.A ADDRESS 1430 E. 7th STREET BROOKLYN, NY 11230 917-974-2413

January 26,2016 The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, N.Y. 10007 Re: Sheldon Silver Dear Judge Caproni, I write this letter as a Rabbi who has known Sheldon Silver since Elementary school days in the-lower East Side of Manhattan. Sheldon was raised in a religious Jewish environment where the values of honesty and integrity were highly regarded. I recall an incident when Sheldon found a wallet containing $3.00, in the Yeshiva Elementary school, but without any name or identification. Now, three dollars in those days was a fortune of money for a ten year old. Sheldon was advised by his friends to just keep the money for the rule among his peers was "finders keepers". But Sheldon was concerned about the feelings of that unfortunate youngster who would be without his three dollars. With the permission of the Principal, Sheldon Silver went around to each classroom until he found the boy who was able to describe the wallet and knew the exact number of dollar bills it contained. That goes back a long time ago. But throughout the years in his professional and political career, Mr. Silver has devoted himself towards improving the quality of life of his constituents in the lower East Side. He was always sensitive to their needs and basic commodities they were lacking. I am fully aware of the fact that Mr. Sheldon Silver was convicted of corruption related offenses. But I still have enough faith and trust in Sheldon that I humbly and respectfully ask the Court to deliver as lenient a sentence as possible.

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January 25, 2016

The Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, New York 10007

Dear Judge Caproni :

I have served as Chief Executive Officer for University Settlement for almost twenty eight years, and have known She ldon Si lver for most of that period. University Settlement is the oldest settlement house in the country, founded in 1886. Its main historic facility is on Eldridge Street in the Lower East Side, though we now have over 30 sites in Lower Manhattan and Brooklyn. The organization is funded by a wide array of Federal, State and City government contracts as well as private support. All of our program and fiscal information is updated and avai lable on our web site. Needless to say, I am aware of the fact that Mr. Silver wa s convicted of corruption related offenses, and saddened by whatever decisions were made by him which contradicted his obligations to our community and his official position. However, as someone who has dedicated much of his career to this community and to the non-profit human services sector, I feel it is important for me to recognize that Mr. Silver was also committed to serving our sector and the issues in which we believe. Over the years in his role first as Assemblyman and then Speaker of the Assembly, Mr. Silver has, in my view, directly represented the interests not just of the settlement house system (six of which are in the Lower East Side and more than 35 across the city) but of the human services sector as a whole. The socalled "settlement house initiative" is a state-wide program, overseen through the NYS Office of Children and Family Services (OCFS), subject to a periodic Request for Proposal (RFP) process and the standa rd State oversight functions. This program actua lly predates Mr. Silver's service as Speaker, but his strong advocacy for the program has been extremely important. Since the settleme nt houses collectively serve over 500,000 people each year across New York City and several upstate cities, maintaining this program has been a priority for many elected officials and many communities. The programs vary site to site, but essentially are targeted to the basic social service and youth development work characteristic of the settlement system. Far more important from a financial support perspective, Mr. Silver and a number of other elected officials have tried to make sure that the human services secto r maintained some stability during difficult economic periods and was not subject to some of the extreme cuts in services which have been proposed and in many cases impl emented at both the State and City level. From UPK to youth employment to senior citizens to educational programs, our sector has had to fight to keep our share of

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the budget somewhat intact....a battle in which we frequently lose as much as we gain. I don't think there is any question that the one senior leader we could rely on to represent most of our collective interests was Sheldon Silver. I am writing to the Court today not in my capacity as CEO of University Settlement, but from a personal perspective. I have never and would never condone illegal behavior on behalf of any elected official, staff member, or anyone else associated with my organization. But I also have a history, a memory, a love for this community, and a lifetime dedicated to this field, traits which, to some extent, I believe Mr. Silver shares. I hope you would take these perspectives under consideration as you determine Mr. Silver's future.

Sincerely,

M~r

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Exhibit D

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Exhibit E

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