Jurors Again Ponder Sheldon Silver’s Fate

By KURTIS RATTAY

Jurors began deliberations Thursday in the retrial of former New York State Assembly speaker Sheldon Silver, who was convicted in 2015 on federal corruption charges, but won an appeal before he began serving a 12-year prison sentence.

Now jurors will decide—for the second time—how the 74-year-old one time top politician will spend his twilight years.

During closing arguments to jurors in Manhattan Federal Court, Asst. U.S. Attorney Tatiana Martins described how Silver accumulated $3.1 million by trading mesothelioma patient names for referral fees over the course of 10 years. The names were given to law firm Weitz & Luxenberg, who then pursued asbestos lawsuits on their behalf. Silver received the names from Dr. Robert Taub, who received $500,000 in taxpayer grant money to fund mesothelioma research at Columbia medical school, prosecutors said.

But Michael Feldberg, Silver’s lawyer, reminded jurors that Taub testified that he never discussed “trading” patient names for grant funding. Feldberg also said legislators are allowed to earn outside income with no limit, and that payment for referrals are “common and accepted” in personal injury cases.

Even if there was no explicit agreement, prosecutors argued the timing proves it was no coincidence.

Martins described how Dr. Taub consoled the a mesothelioma patient who would be the first name sent to Silver. The first of 48 patient cancer patients, “suddenly Silver is very interested in funding mesothelioma research,” she said.

According to prosecutors, Silver gave Taub funding and favors, including two $250,000 grants, provided “official assistance” in organizing a “Miles for Meso” fundraiser, and secured an internship to Taub’s daughter.

The case against Silver also involved a real estate kickback scheme, where Silver allegedly sent two New York City developers—the Witkoff Group and Glenwood Management—to his long-time friend Jay Arthur Goldberg, in exchange for $800,000 in referral fees. Prosecutors said Silver pushed for state financing and caps on rent control—which real estate developers were “dependent on.”

Before closing, Feldberg reminded jurors the case was not about money, but whether any agreements had been made. In Taub’s earlier testimony he said he “believed there was some understanding,” but he “did not discuss it” with Silver.

Now, another guilty verdict hinges on whether an explicitly discussed agreement is required for a “quid-pro-quo” scheme, or if having “some understanding” is enough to convict on federal corruption charges.

Silver’s successful appeal followed the narrowing by the U.S. Supreme Court of the definition of official corruption in the case of former Virginia RepublicanGov. Bob MCDonnell whose conviction on corruption charges was overthrown. Prosecutors have argued that the Silver case was “nothing like” McDonnell’s.

Silver faces seven charges including wire fraud, mail fraud and money laundering.