Skelos defense: don’t take pension

Says state law would stop large fine that affects retirement plan

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Lawyers for Dean Skelos have written a letter to Judge Kimba Wood imploring her to not side with the prosecution in fining Skelos $500,000 as part of his sentencing.

Under federal sentencing guidelines, the normal maximum fine for Skelos’s crime would be $175,000. The prosecution, when it had initially filed its suggestion for sentencing last month, had incorrectly said the maximum would be $350,000. But the prosecution is still asking Wood to go above the guideline and fine Skelos $500,000 so as to impact his state pension, which will be $95,000 a year.

Skelos’s lawyer, G. Robert Gage, Jr., writes that Wood should reject the prosecution’s request for a higher fine for many reasons, foremost among them that it would undermine New York’s pension policy.

“Despite New York’s strong protections for pension payments, the government claims that ‘[c]onsidering Dean Skelos’s pension income in setting a fine amount implicates no State law concerns,’” Gage writes, citing a letter from the prosecution to Wood. “That is simply not true, and the government vastly understates the tension between its proposed fine and New York State policy.”

Gage writes that the state constitution protects pensions from being seized or diminished. He also sais that other state laws that protect state pensions from being seized, which Gage says is “…further proof that New York State prioritizes the sanctity of pensions over punishment.”

He also says that such a steep penalty, in addition to being unprecedented, discounts Skelos’s years of service before he was found guilty of corruption.

“Mr. Skelos served for over three decades in the New York State Senate, during which time he helped pass crucial legislation and made lasting contributions to the community,” said Gage. “In total, Mr. Skelos was in public service for 41.77 years. According to the government, Mr. Skelos’s criminal conduct began only in late 2010. Thus, Mr. Skelos was entitled to a substantial pension long before he committed any crime.”

Gage also writes that the penalty fails to acknowledge Gail Skelos, Dean’s wife, who he says also has a stake in the pension. Gage said that Wood should exclude half of Skelos’s pension from the fine calculation to preserve Gail Skelos’s interests.

Skelos is currently scheduled to be sentenced on Thursday, May 12.