A former top aide to Gov. Andrew Cuomo should be sentenced to “a significant” term in prison to send the message to Albany that bribery doesn’t pay, prosecutors said on Wednesday.
Joe Percoco, convicted of pocketing more than $300,000 in bribes in March, should not get away with a measly five-year prison sentence suggested by the court’s probation office, prosecutors told Manhattan federal judge Valerie Caproni in court papers Wednesday.
“Given the harm caused by these crimes, and the pervasiveness of corruption in New York, Percoco’s sentence must communicate that these types of violations of the public trust, in particular when committed by a high-level official, will be met with significant sentences,” they said.
“A significant sentence is necessary to demonstrate that no one, not even one of the most influential advisors to New York’s Governor – his ‘right hand man,’ and ‘enforcer’ – is above the law,” said prosecutors, who did not suggest a specific number of years in the filing other than to say more than five.
Percoco’s defense insisted that he’s “already paid an incredibly high price for the mistakes that he has made” and and argued for only two years behind bars.
“Given the unique circumstances of this case, a sentence of two years is a reasonable variance,” defense lawyer Barry Bohrer wrote.
“For the foregoing reasons, we respectfully request that the Court impose a sentence of not greater than two years imprisonment here.”
Percoco, who was once so close to the governor he was likened to a brother, was convicted on two counts of conspiracy to commit honest-services fraud following a seven-week trial that showed he participated in a pair of pay-to-play schemes with executives of companies doing business with the state.
Percoco’s conviction was the first in a series of guilty verdicts that have helped shine a spotlight on Albany corruption in an election year.
On Tuesday, ex-NY Senate majority leader Dean Skelos was convicted of a years-long scheme to extort companies lobbying him to give his son Adam do-nothing jobs and consulting gigs.
And just last week, the Albany scientist Cuomo tapped to lead his upstate economic development program, Alain Kaloyeros, was found guilty of bid rigging along with executives from two upstate developers.
Shortly after Percoco was convicted of pocketing bribes, including a $287,000 for a “low-show job” for his wife, Sheldon Silver was convicted of accepting $4 million in kickbacks at his bribery retrial, which was overseen by the same judge.
“Public corruption has plagued the citizens of New York for some time, as vividly demonstrated by the spate of recent trials in this district against several of the state’s highest ranking officials,” prosecutors said Wednesday.
