Silver's sentencing document

8/18/2019 Silver's sentencing document

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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 CohenDale J. DegensheinSTROOCK STROOCK & LAVAN LLP180 Maiden Lane New York, New York 10038Telephone: (212) 806-5644Facsimile: (212) 806-6006

Steven F. MoloRobert K. KryJustin V. ShurMOLOLAMKEN LLP540 Madison Avenue New York, New York 10022Telephone: (212) 607-8160Facsimile: (212) 607-8161

Attorneys for Defendant

April 20, 2016

Case 1:15-cr-00093-VEC Document 262 Filed 04/20/16 Page 1 of 63


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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

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

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

D. Healthcare ............................................................................................................. 15

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

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

G.

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

H. 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

B.

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

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

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

E.

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

F. 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 Dep’tMar. 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



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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. App’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



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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 & PretrialServices: Community Service, Office of Probation and Pretrial Services,Administrative Office of the U.S. Court (2007), available athttp://www.miep.uscourts.gov/PDFFiles/court .......................................................................54

Human Rights Watch, Old Behind Bars: The Aging Prison Population in theUnited 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 visitedApr. 14, 2016),Http://www.nyc.gov/html/nycha/html/developments/mansmith.shtml ...................................20

News Release, Assembly Speaker Sheldon Silver, Assembly Budget ProposalIncreases Community College Funding (Mar. 8, 2013) ..........................................................11

News Release, Assembly Speaker Sheldon Silver, Speaker Silver Statement onSenate Vote to Finally Provide Relief for Sandy Survivors (Jan. 28, 2013) ............................ .9

News Release, Assembly Speaker Sheldon Silver, Speaker Silver Urges House toTake Action on Sandy Relief Package (Jan. 2, 2013) ................................................................9



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Press Release, Assembly Speaker Sheldon Silver, Assembly Passes RevisedWomen’s Health Bill (Apr. 8, 2002) ......................................................................................16

Press Release, Assembly Speaker Sheldon Silver, Silver Unveils World TradeCenter 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 ofElderly, Chronically Ill, and Terminally Ill Inmates (Feb. 2004), available athttp://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-and- publications/federal-sentencing-statistics/quarterly-sentencing-updates .................................52

U.S. Sentencing Comm’n, Measuring Recidivism: The Criminal HistoryComputation of the Federal Sentencing Guidelines at 12 (May 2004),

available at http://www.ussc.gov/Research_and_Statistics/Research_Publications/2004/200405_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.”

1 These letters are respectfully submitted for the Court’s consideration regarding Mr. Silver’s sentence. Inaccordance with Your Honor’s Individual Practices in Criminal Cases, all letters are attached as exhibits to thisSubmission 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 theauthor’s residential address (if applicable) (Exhibit C); letters from Mr. Silver’s physicians (Exhibit D); and aletter from the Fortune Society (Exhibit E). Letters that were received in handwritten form are immediatelyfollowed 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

2 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-MargaretCarrozza, who worked closely with Mr. Silver during her 14 years in the Assembly, writes: “I have never seenhim treat anyone in a less than honorable fashion. I have always found him to be fair, generous, humble andrespectful of others.”

3 Alan J. Gerson, Former City Council Member. Mr. Silver “stood shoulder to shoulder with the CSEA and otherunion[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

4 Emily Armstrong, constituent and filmmaker.

5 See Malcolm Hoenlein, CEO of the Conference of Presidents of Major American Jewish Organizations (notingthat 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 father’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 – 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.

6 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 mynegotiations during those years was principled, thoughtful andreflective of the Assembly conference’s common desire to help toimprove the lot of all New Yorkers.

. . . .

I am not writing to contest or re-litigate the issues of the trial, but Ican only say that each and every one of the bills and legislative proposals upon which we worked together were uniformly aimedat 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

7 Hon. James A. Yates (ret.), former New York State Supreme Court Justice and Counsel to the Speaker from2011 until Judge Yates’ retirement in 2015. Former Assemblywoman Ann-Margaret Carrozza: “I can attest tothe passion and tenacity with which Shelly would advocate on behalf of our state's most vulnerablecitizens. From Universal Pre-K to Marriage equality, Sheldon Silver has been a champion for those whoneeded 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.” Thestaff provided any help needed and distributed water, cell phones, food, etc. totrapped residents throughout the district. Assemblyman Silver created acommittee comprised of tenants, elected officials and representatives of all pertinent city agencies to develop a clean-up program to expeditiously removeasbestos and other toxic materials from living spaces so people could move backin 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.”

8 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 offamily members. Mr. Silver was directly in contact with me and mobilized hisoffice and other public resources to make sure that assistance was givenexpediently. I am certain that he was pulled from the many layers of governmentand 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 immediatelyand powerfully, spearheading the effort of returning us to our homes. He wasinstrumental in paring back the plans so that our existing affordable housing, andthat of our neighbors, was spared from the wrecking ball. He then concernedhimself with the cleanup and steps to return us to our homes, a task for which nocity, 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

9 Alan J. Gerson.

10 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 ManhattanDevelopment 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 coveragefrom 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 Assistanceand 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

12 Bob Townley, Founder & Executive Director, Manhattan Youth.

13 Alan J. Gerson.

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

15 Wallace Dimson.

16 Shiu Ling Ng Lam, constituent.

17 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 Stateand Local government. He ensured that our residents received genuine, practicalassistance ranging from lights to emergency equipment and services, alwaysmaking certain that government’s resources reached the people government iscreated 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

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

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

20 Wendy Chapman, former PTA President, PS 150.

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

22 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

23 Stephen August .

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

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

26 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 madeit clear that downtown overcrowding was the real problem. [DOE relented and]Sheld on Silver’s support and very public comments were invaluable in ourfight.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 andemotionally. . . . [Shelly Silver] and his staff got involved and managed to havemy cousin transferr ed to the Lower East Side facility. Shelley Silver saved this young man’s life.32

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

28 Wendy Chapman.

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

30 Emily Armstrong.

31 Randi Weingarten.

32 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 emotionalneed.” Briendel R. Lehon (former special education teacher);

• “I see the care that [children with Down’s Syndrome] receive and the dignity with whichthey live [in newly established assisted-living center]. This was possible and happenedunder Shelly’s watch, caring and outreach. Simply, there are many, many parents whoare grateful that their children have a chance to live as normally as possible, especially asthey 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 toovercome. Especially, trying to get him into proper schools. Every which way we turnedthe door was literally slammed in our face. . . .[Mr. Silver] listened to our predicamentand saw our desperation. He displayed kindness, concern and compassion, and heled usovercome 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, butnot always really see these children; they will listen, but perhaps not truly hear theirvoices and their needs. Shelly Silver genuinely saw, heard and acted on their behalf. Ihave seen the amazing results of his deep capacity for empathy and kindness and Irespectfully ask that you take these actions and qualities into account as you undertakethe task of determining his sentence.” Harvey Weisenberg (former Assemblyman andfather 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 far-

reaching. 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 alwaysknew 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

33 Pamela and Nussin Fogel, friends.



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the resources they needed so all children could have access to a high-qualityeducation.

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 theformer Assembly Speaker’s initiative in passing this law. As you can imaginethousands and thousands of fellow New Yorkers who are elderly and low incomeare benefactors of Mr. Silver’s leadership in passing laws that alleviate our everincreasing 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

34 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 PrecinctCommunity 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.”

35 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

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

37 Man Nam Ma, Open Door Senior Center Social Worker.

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

39 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 cancer-

preventative 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

40 Mr. Wieder is also founder of a post-secondary vocational institution and former board member of Ohel

Children’s Home and Family Services.41 See Press Release, Assembly Speaker Sheldon Silver, Assembly Passes Revised Women’s Health Bill (Apr. 8,

2002).

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

43 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

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

45 Mendel Hagler , former Executive Director of Gouverneur.

46 Mendel Hagler .

47 Fei Chen, employee of Gouverneur.

48 Mendel Hagler .



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E. 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’smalicious whim, as they cannot get remarried in terms of Jewish religious law andare thus ‘chained’ to these husbands. Shelly Silver set out to do something aboutit . . . [The “get law”] has brought relief to so many of these unfortunate ladies.52

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

50 Hon. James A. Yates (ret.).

51 See N.Y. Dom. Rel. Law § 253.

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



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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]

53 Moshe H. Wieder .

54 Jerald Berger , friend and former constituent.

55 Moshe H. Wieder .

56 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]

57

Patrick M. Smith, journalist, public affairs officer, and public relations practitioner.58 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.”

59 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 from2008 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

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

61 See Cease Fire: The Assembly’s 15 Point Plan to Stop Gun Violence (May 1999),http://www.assembly.state.ny.us/Updates/Codes/199905.html.

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

63 Frederick J. Jacobs.



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H. 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 valuableadvice for the future. To me, he is a mentor who has always encouraged me towork 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 pleaseconsider how important his presence has been to the youth members of the lowereast side community. He was always willing to listen and to provide kind wordsof advice, which have guided me throughout my life. I am grateful for hiscompassion 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

64 Malcolm Hoenlein.

65 Kenneth Ngai, assistant manager of miniature golf.

66 Matthew Weilgus, now an attorney.

67 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 hisstaff, encouraged our community involvement and, by his example, showed howthoughtful 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:

68 Tzipora Perlow, physical therapist.

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

70 Rent Stabilized Tenants of 125 Cedar Street .



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Shelly often provided much needed guidance and mentored me during somerough political fights. When I would see Shelly at various political andcommunity events, the first question is always about my parents and how they aredoing . . . . I am most impressed with Shelly’s kindness towards my parents andI’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 thetools they need to do their jobs, to helping me establish a summer respite camp onLong Island for children with cancer, and three residences for medically fragilechildren 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 r ef used 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 wassuddenly and unexpectedly discontinued;78

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

72 Edie Goldman.

73 Harvey Wiesenberg, former Assemblyman.

74 Rabbi Menachem Genack , Congregation Shomrei Emunah.75 Chaim Rand, Jacob Rand, Tamar Rand .

76 Paul Hovitz, retired special education teacher.

77 Joseph Geliebter , friend. Mr. Geliebter recalls that when his daughter and her friends were lost, “I did nothesitate to call Shelly in the middle of the night to mobilize a search party. He immediately got involved andmade 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 anddangerous street conditions. As a result of his efforts, new traffic lights wereinstalled . . . to better protect pedestrians. . . . Most importantly, he was extremelyhelpful in insuring the police department was responsive when security concernsemerged.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

78 Miriam Katz, constituent.

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

80 Rabbi Mayer Friedman, community activist.

81 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 neverheard one complaint that his office did not follow up.”)

82 Wallace Dimson.

83 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 familiescan 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, foradvancing intergroup relations, and aiding charitable and communal undertakings.He did so without seeking public recognition. . . . His involvement was selfless,

84 Susan Yomtov.

85 Pauline Chen, Retired Director of Confucius Plaza Daycare Center.

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

87 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 otherimportant 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 didhis constituents . . . adore him, but they continuously re-elected a man of greatcompassion for his constituency and for the state at large as well as one whoreceived 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

88 Malcolm Hoenlein.

89 Hon. Susan Alter .

90 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. Daughter Michelle lives in

Brooklyn and is also a certified public accountant. 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

91 Joseph Geliebter .

92 Rabbi Aharon Ziegler .

93 Pamela and Nussian Fogel.

94 Marcel Weisman.

95 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



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

Offense Involved More than One Bribe +2 USSG §2C1.1(b)(1)

Value of the Payments Obtained WereMore than $3.5 Million but less than $9.5Million

+18 USSG §2C1.1(b)(2);USSG §2B1.1(b)(1)(J)

Offense Involved an Elected PublicOfficial in a High-Level Decision-MakingPosition

+4 USSG §2C1.1(b)(3)

Conviction for Money Laundering +1 USSG §2S1.1(b)(2)(A)

Total Offense Level 39

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 ProbationOffice 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 orothers 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 thetable 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


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