United States v. Halloran, No. 15-996 (2d Cir. 2016)
Annotate this CaseDefendant, a member of the New York City Council, was convicted of two counts of wire fraud, 18 U.S.C. 1343, 1346; two counts of violating the Travel Act, 18 U.S.C. 1952; and one count of conspiracy to commit both substantive offenses, 18 U.S.C. 371. Defendant's convictions stemmed from his participation in two bribery schemes: 1) defendant accepted bribes in exchange for promising to funnel City funds to the bribe payers (Discretionary Funds Scheme) and 2) defendant was paid to help his co‐defendant, Malcolm A. Smith, bribe Republican Party officials to obtain what is known in New York as a Wilson‐Pakula certificate or authorization, which would have enabled Smith, a Democrat, to compete for the nomination of the Republican Party in the New York mayoral election (Wilson-Pakula Scheme). The court held that there was sufficient evidence to support a finding that defendant took part in the Discretionary Funds Scheme with the intent required to sustain his convictions, and that defendant’s Wilson‐Pakula Scheme conduct violated both the Travel Act and the honest services fraud statute. The court considered defendant's remaining arguments and found them to be without merit. Accordingly, the court affirmed the judgment.
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