MANHATTAN FEDERAL COURT — Assemblyman Sheldon Silver was the greedy architect of two scams that robbed taxpayers of money and abused his official position to secretly net millions for himself, prosecutors said in federal court Monday morning, during closing arguments.
Defense lawyers, however, painted a completely different picture of Silver in their closing statements later in the afternoon — of a man with an "unblemished" political record, who did nothing illegal.
Both sides gave their final word to jurors Monday, after three weeks of trial — each imploring jurors to use their "common sense" in hopes, of course, of leading them to very different conclusions.
"This was bribery, this was extortion," Assistant U.S. Attorney Andrew Goldstein told jurors in the federal corruption trial of former Assembly Speaker Silver during the prosecution's closing arguments.
"Why did Sheldon Silver do it? He did it for the money,” Goldstein said, as he spent hours laying out the government's case against the 71-year-old to jurors. The phrase "you know Sheldon Silver is guilty" was repeated often.
Silver, who was the leader of the state Assembly for more than 20 years, is accused of two schemes that earned him more than $4 million in illicit fees over 12 years.
Prosecutors allege that Silver took fees in exchange for referring cancer patients to his law firm — a personal injury firm that paid Silver more than $100,000 a year without asking him to do any actual work.
In order to win the patients, Silver allegedly gave state funds for asbestos-related cancer research to Columbia University oncologist Dr. Robert Taub. In exchange for the research funds, Silver was passed along the patients, and earned more than $3 million in referral fees from his law firm over more than 10 years, prosecutors said.
In a separate scheme, prosecutors allege Silver used his official sway to get two prominent New York City real estate companies to bring tax work to a small law firm of a friend. The firm then starting paying Silver fees — or a "kickback" for referring the work.
Prosecutors allege Silver gave the developers legislative favors, like approving a tax break for developers called 421a, in exchange for them using the smaller law firm.
During their nearly three-hour closing argument, prosecutors projected two lists for jurors titled: "Reasons You Know Sheldon Silver is Guilty," with a collection of allegations related to each scheme.
The asbestos scheme had nine allegations, including "Silver cared about the money, not the research." The real estate scam had eight, including "Silver lied again and again to keep anyone from learning the truth."
While the defense has claimed throughout the trial — now in its fourth week — that Silver committed no crime and that he was simply earning an outside salary for himself with no corrupt intent, prosecutors asked jurors to reject that notion wholeheartedly.
Goldstein told jurors that Silver took extraordinary measures to hide his scheme, including hiding money he earned by placing it under his wife's name, lying to the press and lying to the firms involved in the scam.
"The evidence is stacked so powerfully against him," Goldstein said.
Defense lawyers, however, made the case that the only people who have been misleading are prosecutors.
To prove corruption, there must be proof of "quid pro pro" — meaning something in exchange for something else, the defense said.
No witnesses have said that there was ever any explicit agreement.
Silver was friendly with Dr. Taub, the doctor at the center of the asbestos referrals. Taub testified that the men never had any agreement, but that he passed along cases in hopes of building his relationship with Silver.
"There was no quid pro quo, no this for that, none," said Steven Molo, Silver's lead attorney Monday. Prosecutors had a "theory in search of case" that's "devoid of any evidence," he said.
"It takes two to tango and there certainly was no dance of corruption going on with Mr. Taub," Molo continued.
Similarly, Silver had no agreement with real estate developers. For many years, the developers had no idea Silver was getting referral fees — leading Molo to argue that it's "an awfully odd bribery scheme" if you don't know you're being bribed, or extorted.
Silver committed no crime, defense lawyers said, arguing that while prosecutors are uncomfortable with legislators getting outside income, it did not mean laws were broken.
In Molo's view, Silver is a "fighter."
"A lesser person would have folded," said Molo of Silver's commitment to his innocence. "He knows he is right. He knows he did not commit a crime."
Silver faces more than 100 years in jail if convicted of the seven charges of fraud, extortion and money laundering charges.
Jurors will begin deliberations Tuesday morning.
