Sheldon Silver gets early release from prison
ALBANY – Sheldon Silver, the onetime power broker at the State Capitol during his years as Assembly speaker, was released from a federal prison on Tuesday after serving 10% of his 78-month sentence on his corruption conviction.
The release was first reported by Yeshiva World News, which
Tuesday morning said the 77-year-old Silver was heading to his Manhattan
apartment to serve under home confinement under a special Covid-19-era rule
that permits some inmates to be let out of prison.
Silver’s lawyers in 2020 unsuccessfully argued before a
federal judge that Silver should not go to prison out of fear that his age and
health made him more susceptible to contracting a serious case of Covid.
The Associated Press on Tuesday afternoon, attributing the
information to an unnamed source, said Silver was released Tuesday as he now
awaits a formal home confinement request.
It is uncertain if Silver could be out temporarily from
prison or if he could serve the remainder of his sentence at home.
A federal Bureau of Prisons spokesman, in an email, said
that Silver is still “designated” to the federal prison in Otisville with a
projected release date of March 10, 2026.
“However, we can share that the Bureau of Prisons has
authority to transfer inmates to their home on furlough for periods of time
while they may continue to be considered for home confinement designation” or
to a community-based residential confinement facility.
The federal U.S. Attorney’s Office for the Southern District
in Manhattan, which prosecuted Silver, confirmed Tuesday that the federal
prison agency did reach out to prosecutors for a position on a potential prison
release by Silver. “We communicated to them yesterday that we oppose his
release," said James Margolin, a spokesman for the U.S. Attorney.
Silver’s status on a federal inmate locator page run by the
prisons bureau listed the former Assembly Democratic leader as being still
located at Otisville. The prison is also home to Joseph Percoco, a former top
adviser to Gov. Andrew M. Cuomo; Percoco is not expected to be released until
2024 following his own, separate corruption and bribery case.
Silver’s corruption case was a long one, as he managed to
remain out of prison – while he had some success with initial appeals – for
more than five years after his first conviction. Silver’s lawyer at the time,
James Loonam, did not return a call or email on Tuesday.
Silver’s original 2015 conviction, in part, found him guilty
of accepting $4 million in payments to his law firm as part of an alleged
conspiracy with a cancer researcher. That conviction, and its 12-year prison
sentence, was overturned on appeal and Silver was retried.
An appeals court also later tossed out the second conviction
related to the cancer researcher scheme, but kept intact convictions on an
illicit real estate deal and money laundering. He went to prison last Aug. 26
with a 78-month sentence.
The U.S. Supreme Court in January turned down a request by
Silver to consider his case.
The Yeshiva World News reported Tuesday that “much credit”
can be given for Silver’s release to Rabbi Moshe Margaretten of the Tzedek
Association, a Jewish nonprofit organization involved in prison issues.
Margaretten and Silver are both Orthodox Jews.
Silver, in his two decades as one of the three most powerful
people in Albany, shaped billions in state budgets, served as political
kingmaker – or breaker – for many Democratic politicians and negotiated top
policy matters with five governors.
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