It was announced yesterday in the Eastern District of New York the unsealing of a complaint charging New York State Assemblyman William F. Boyland, Jr. with allegedly soliciting more than $250,000 in bribes and accepting thousands of dollars of bribe money in exchange for performing official acts for the bribe payers.

The criminal complaint alleges that between August 2010 and June 2011, Boyland solicited and accepted a stream of bribes from a carnival promoter and two undercover FBI agents, whom Boyland believed to be out-of-state businessmen and real estate developers. Boyland allegedly agreed to take official action to secure business opportunities for the three individuals.

According to the FBI press release, Boyland met with the three individuals on multiple occassions, regarding three different bribery schemes. However, it is not mentioned whether Boyland sought out the supposed carnival promoter and two undercover agents, or whether they originally approached him.

While these alleged occurrences were taking place, Boyland was also busy fighting bribery charges for a separate case in the Southern District of New York. In March 2011, Boyland was charged for bribery arising from an investigation into former hospital executive David Rosen, who allegedly tried to pay off Boyland and two other New York lawmakers to help support medical facilities in Brooklyn and Queens.

Boyland was acquitted of those charges just recently in November. Following the acquittal, the government hit Boyland with this new round of charges. It is interesting that the government was still investigating Boyland while prosecuting him on separate charges at the same time. Ethically speaking, the government should not have charged Boyland in March while continuing to investigate him. It would seem that the government knew their first case lacked sufficient evidence, and was using the second investigation as a back up.

Boyland may have been lucky enough to dodge the bullet once, but clearly the government is going to throw everything they’ve got at Boyland in this new case.

The author of this blog is Erich Ferrari, an attorney specializing in Federal Criminal Defense matters. If you have any questions please contact him at 202-280-6370 or ferrari@ferrari-legal.com.

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