Ex-Nassau County Executive Edward Mangano had no official role in Oyster Bay loan scheme, appeals lawyer argues
Attorneys for ex-Nassau County Executive Ed Mangano, who is serving a 12-year prison sentence for taking official action to help secure $20 million in Oyster Bay Town-backed loans for a restaurateur in exchange for multiple bribes, argued in a federal appeals court Thursday that his conviction should be overturned because he had no official role in the Town of Oyster Bay.
Mangano attorney Fred Rowley Jr., during oral arguments before a three-judge panel in the U.S. Court of Appeals for the Second Circuit in Manhattan, said recent Supreme Court and federal appeals court decisions have drawn a distinction between “formal duties and the influence that can flow from the importance of the office,” and Mangano simply had no role in Oyster Bay government to take an official action, which is required to convict a defendant of honest services fraud and bribery.
“The fundamental problem running through the government's theory of honest services fraud and bribery here is that Mr. Mangano didn't work for the government that the prosecution claimed was defrauded and took corrupt action,” said Rowley. “The government in arguing why there was official action here focused on Mr. Mangano’s political clout. It’s just the kind of informal influence and political influence that the Supreme Court has expressed caution about.”
One of the three judges hearing the appeal, Chief Judge Debra Ann Livingston, countered: “It’s hard to conceive he wasn’t acting in his official capacity.”
Federal prosecutor Catherine Mirabile, who prosecuted Mangano, argued to uphold the conviction.
“The evidence overwhelmingly showed that Ed Mangano used his position as the Nassau County executive to exert influence and to pressure Town of Oyster Bay officials to take action on the concession amendments for the indirect loan guarantees,” said Mirabile. “Every single person that recalled Ed Mangano being at the meeting, stated that he was at the meeting in his capacity as county executive.”
A jury in 2019 found Mangano guilty of conspiracy to commit federal program bribery, federal program bribery, conspiracy to commit honest services wire fraud, honest services wire fraud and conspiracy to obstruct justice for directing Oyster Bay Town officials to indirectly back what amounted to $20 million in loans for restaurateur and town concessionaire Harendra Singh after an outside lawyer for the town said such a transaction was illegal.
Singh bribed Ed Mangano with a $454,000 “no-show” job for his wife, Linda Mangano, in his restaurant empire, free meals and vacations, two luxury chairs, hardwood flooring for the couple’s bedroom and a $7,300 wristwatch for one of their sons, the jury found.
Singh put Linda Mangano on his payroll in April 2010 before Oyster Bay officials that June voted to authorize backing of loans for Singh to fund capital improvements at a town golf course catering hall in Woodbury and at Tobay Beach, where he ran concessions, evidence showed.
Linda Mangano was convicted of two counts of lying to the FBI, conspiring to obstruct justice and obstruction of justice in a case involving politically connected Singh, who was also a longtime Mangano family friend. The Manganos claimed at trial the bribes were merely gifts from their friend.
The jury also found the Manganos conspired to obstruct a grand jury probe by scheming with Singh to fabricate examples of work Linda never did, before she lied to federal officials about the work she claimed to have performed.
Bradley Simon, the appeals attorney for Linda Mangano, argued for her conviction to be overturned, stating she should not have been convicted of lying and obstructing a grand jury proceeding.
Simon said Linda Mangano wouldn’t have reasonably inferred that statements she made to federal officials would be forwarded to the grand jury because she expected to testify before the grand jury in response to a subpoena.
Simon said such a conviction “has to reflect that the defendant knew the statements she made would make it to the grand jury.”
Simon also said it’s “preferable” that federal authorities provide a transcript when claiming a defendant made false statements and cited the lack of one in Linda Mangano’s prosecution as a reason to toss out her conviction.
Judge Gerard E. Lynch, another one of the three judges hearing the appeal, countered that there are “many, many, many” false statement convictions that have been upheld without exact questions and answers provided.
Mirabile said there was “overwhelming evidence” that Linda Mangano knew she was meeting with federal officials in response to a grand jury subpoena.
Attorneys for ex-Nassau County Executive Ed Mangano, who is serving a 12-year prison sentence for taking official action to help secure $20 million in Oyster Bay Town-backed loans for a restaurateur in exchange for multiple bribes, argued in a federal appeals court Thursday that his conviction should be overturned because he had no official role in the Town of Oyster Bay.
Mangano attorney Fred Rowley Jr., during oral arguments before a three-judge panel in the U.S. Court of Appeals for the Second Circuit in Manhattan, said recent Supreme Court and federal appeals court decisions have drawn a distinction between “formal duties and the influence that can flow from the importance of the office,” and Mangano simply had no role in Oyster Bay government to take an official action, which is required to convict a defendant of honest services fraud and bribery.
“The fundamental problem running through the government's theory of honest services fraud and bribery here is that Mr. Mangano didn't work for the government that the prosecution claimed was defrauded and took corrupt action,” said Rowley. “The government in arguing why there was official action here focused on Mr. Mangano’s political clout. It’s just the kind of informal influence and political influence that the Supreme Court has expressed caution about.”
One of the three judges hearing the appeal, Chief Judge Debra Ann Livingston, countered: “It’s hard to conceive he wasn’t acting in his official capacity.”
WHAT TO KNOW
- Attorneys for ex-Nassau County Executive Ed Mangano, who is serving a 12-year prison sentence for taking official action to help secure $20 million in Oyster Bay Town-backed loans for a restaurateur in exchange for multiple bribes, argued in a federal appeals court that his conviction should be overturned because he had no official role in the town.
- Federal prosecutor Catherine Mirabile, who prosecuted Mangano, argued to uphold the conviction, telling the panel: “The evidence overwhelmingly showed that Ed Mangano used his position as the Nassau County executive to exert influence and to pressure town of Oyster Bay officials to take action.”
- A jury in 2019 found Edward Mangano guilty of conspiracy to commit federal program bribery, federal program bribery, conspiracy to commit honest services wire fraud, honest services wire fraud and conspiracy to obstruct justice for directing Oyster Bay Town officials to indirectly back what amounted to $20 million in loans for a restaurateur.
Federal prosecutor Catherine Mirabile, who prosecuted Mangano, argued to uphold the conviction.
“The evidence overwhelmingly showed that Ed Mangano used his position as the Nassau County executive to exert influence and to pressure Town of Oyster Bay officials to take action on the concession amendments for the indirect loan guarantees,” said Mirabile. “Every single person that recalled Ed Mangano being at the meeting, stated that he was at the meeting in his capacity as county executive.”
A jury in 2019 found Mangano guilty of conspiracy to commit federal program bribery, federal program bribery, conspiracy to commit honest services wire fraud, honest services wire fraud and conspiracy to obstruct justice for directing Oyster Bay Town officials to indirectly back what amounted to $20 million in loans for restaurateur and town concessionaire Harendra Singh after an outside lawyer for the town said such a transaction was illegal.
Singh bribed Ed Mangano with a $454,000 “no-show” job for his wife, Linda Mangano, in his restaurant empire, free meals and vacations, two luxury chairs, hardwood flooring for the couple’s bedroom and a $7,300 wristwatch for one of their sons, the jury found.
Singh put Linda Mangano on his payroll in April 2010 before Oyster Bay officials that June voted to authorize backing of loans for Singh to fund capital improvements at a town golf course catering hall in Woodbury and at Tobay Beach, where he ran concessions, evidence showed.
Linda Mangano, the wife of ex- Nassau County Executive Edward Mangano, leaves federal court in Central Islip on April 14. Credit: Debbie Egan-Chin
Linda Mangano was convicted of two counts of lying to the FBI, conspiring to obstruct justice and obstruction of justice in a case involving politically connected Singh, who was also a longtime Mangano family friend. The Manganos claimed at trial the bribes were merely gifts from their friend.
The jury also found the Manganos conspired to obstruct a grand jury probe by scheming with Singh to fabricate examples of work Linda never did, before she lied to federal officials about the work she claimed to have performed.
Bradley Simon, the appeals attorney for Linda Mangano, argued for her conviction to be overturned, stating she should not have been convicted of lying and obstructing a grand jury proceeding.
Simon said Linda Mangano wouldn’t have reasonably inferred that statements she made to federal officials would be forwarded to the grand jury because she expected to testify before the grand jury in response to a subpoena.
Simon said such a conviction “has to reflect that the defendant knew the statements she made would make it to the grand jury.”
Simon also said it’s “preferable” that federal authorities provide a transcript when claiming a defendant made false statements and cited the lack of one in Linda Mangano’s prosecution as a reason to toss out her conviction.
Judge Gerard E. Lynch, another one of the three judges hearing the appeal, countered that there are “many, many, many” false statement convictions that have been upheld without exact questions and answers provided.
Mirabile said there was “overwhelming evidence” that Linda Mangano knew she was meeting with federal officials in response to a grand jury subpoena.
Nicole Fuller is Newsday's senior criminal justice reporter. She began working at Newsday in 2012 and previously covered local government.
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