Second Circuit Overturns Sheldon Silver's Corruption Convictions

Bryan Strickland
July 14, 2017

In vacating Silver's conviction, the appellate court cited a U.S. Supreme Court ruling previous year involving Bob McDonnell, a former Republican governor of Virginia, that narrowed the definition of the kind of official conduct that can serve as the basis of a corruption prosecution.

Since just about every conviction Silver was nailed for depended on whether he took an "official act", the Second Circuit suggested prosecutors needed to start over.

"We look forward to presenting to another jury the evidence of decades-long corruption by one of the most powerful politicians in New York State history", Kim said.

He also said that political corruption can still be prosecuted by the government, and noted that McDonnell's actions were "distasteful".

"We recognize that many would view the facts adduced at Silver's trial with distaste", the court wrote. Dean Skelos (who is making an appeal similar to Silver's) and a bid-rigging scandal touching on Cuomo's formerly closest aide. But he remained free on bail, while the panel of judges considered his appeal based on the US Supreme Court's decision in McDonnell v. Bob McDonnell clarifying the definition of official misconduct meant jury instructions were "erroneous" when Silver was found guilty.

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"In litigations you often have a number of steps: Lower court finds this, there's an appeal, it gets overturned", the former state attorney general continued. "Although it will be delayed, we do not expect justice to be denied".

That was before he fell on the radar of crusading former U.S. Attorney Preet Bharara, whose indictment of Silver had been a crescendo in a series of prosecutions that had become known as "Albany on Trial".

"There's no question that the government presented evidence relating to Mr".

Silver was convicted November 30, 2015 of honest services fraud, extortion and money laundering in one of the most prominent corruption trials in New York City in decades. Assembly Speaker Carl Heastie (D-Bronx), who replaced Silver, said, "As I have said we must respect the judicial process". Robert Menendez (D-N.J.), whose trial is scheduled to begin in September. Or to use his or her position to "exert pressure on another official to perform an official act".

"He definitely sort-of wins the battle", Eliason said of Silver.

Other reports by GlobalViralNews

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