Judge gives government 45 days to turn over evidence in Ed Mullins' fraud case

A federal judge overseeing the fraud case against Ed Mullins, the former president of the NYPD's Sergeants Benevolent Association, on Thursday gave prosecutors 45 days to turn over evidence the government has to the defense.

During a largely routine hearing in Manhattan court, Judge John G. Koeltl set a deadline for prosecutors to finish turning over financial and bank records obtained by the government. The records comprise materials seized by FBI agents last fall from the SBA offices in Manhattan and Mullins' home in Port Washington, as well as bank records obtained by subpoenas.

Mullins was charged with one count of wire fraud in connection with a scheme to steal hundreds of thousands of dollars from the SBA, through the submission of fraudulent expense reports, federal prosecutors said. He pleaded not guilty in Manhattan federal court in February. The charge carries a maximum of 20 years in prison upon conviction.

Defense attorneys said in court they were having "amicable" discussions with federal prosecutors about what evidence the government will be turning over in the fraud case against the former NYPD officer.

It was after the seizure of the records that Mullins, who had been a cop for 40 years and a union leader for over two decades, resigned his post as president of the SBA. He put in for retirement around the same time.

Before he was slated to leave the department, Mullins -- known over the years for his acerbic comments -- was brought up on department charges unrelated to the fraud case that he had used profanity and demeaning language in referring to former New York City Health Commissioner Osiris Barbot and now-U.S. Rep. Ritchie Torres. Mullins was also accused of improperly leaking the 2020 protest arrest record of New York City Mayor Bill deBlasio’s daughter.

In November, an NYPD administrative judge found Mullins guilty of the department charges and docked him a total of 70 days vacation pay. The Civilian Complaint Review Board had pushed to have Mullins fired.

In court Thursday, Assistant U.S. Attorney Alexandra Rothman said Mullins faces a one-count information charge of alleged mail fraud involving expense account cheating. Specifically, Rothman said Mullins is accused of three levels of fraud activity: overstating business expenses he put in for reimbursement, charging personal expenses to the union and making up fictitious expenses for which he was then reimbursed.

Koeltl said 45 days was enough time for the government to turn over the fraud evidence to Mullins’ attorneys, Marc Mukasey and Catherine Deist. Koeltl said he would then give the defense an additional 15 days to figure out what pretrial motions it wanted to make. There was no indication from either the prosecution or defense that any plea discussions had taken place.

After the hearing, Mullins made no comments. On Wednesday, Koeltl signed a protective order in the case which barred any disclosure of confidential records and documents to anyone other than the defense, government attorneys and court personnel, a routine step.

Mullins is due back in court on June 2.

By Anthony M. DeStefano

tony.destefano@newsday.comtonynewsday

Anthony M. DeStefano has been a reporter for Newsday since 1986 and covers law enforcement, criminal justice and legal affairs from its New York City offices.