william boyland ryan hermon amended complaint

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RB:CP/LXNF.#2011R02117

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK- -xUNITED STATES OF AMERICA

-aga ins t -

WILLIAM F. BOYLAND I JR. and

RYAN HERMON I

Defendants .

- - -X

THE GRAND JURY CHARGES:

I N D I C T M E N T

Cr. No.

(T . 18 1 U.S.C. I §§ 371 1

666 (a) (1) (B) I

981 (a ) (1 ) (C) / 1343 1

1346 1 1349, 1951(a) I

2 and 3551 e t seq . ; T. 211

U.S.C. I § 853 (p); T. 28 1

U.S.C. I § 2461(c))

ij\fJNES,

INTRODUCTION TO ALL COUNTS. u ~ t J \ . J · t a l l t imes re l evan t to t h i s Ind ic tmen t

otherwise indica ted:

The Defendants and Other Individua ls

1. In o r about and between March 2003 and December

2011 1 the defendant WILLIAM F. BOYLAND I JR. served as a member of

th e New York Sta te Assembly (the "Assemblyll) represent ing th e

55th Assembly d i s t r i c t l loca ted in Brooklyn l New York. The

Assembly was a subdivis ion of the l e g i s l a t i ve branch of the New

York Sta te government which received in excess o f $10 1 000 each

ca lendar year under fede ra l programs involving gran t s con t rac t s

subs id ies loans guarantees insurance and o th e r forms o f

f e d e r a l a s s i s t a n c e .

Case 1:11-cr-00850-SLT Document 9 Filed 12/23/11 of 27 PageID #: 92



.. ).,.

2. In o r about and between 2008 and December 2011,

RYAN HERMON was employed by th e Assembly and served as BOYLAND's

ch i e f o f s t a f f .

3. In o r about and between 2010 and 2011, a ca rn iva l

promoter (the "Promoter") , who was cooperat ing with fede ra l law

enforcement , and whose i de n t i t y i s known to th e Grand Jury , held

h imsel f o ut to BOYLAND and HERMON as an ac t ive ca rn iva l promoter

i n t e r e s t e d i n scout ing l oca t ions and s e t t i ng up carn iva l s in

Brooklyn, New York.

4. In o r about and between 2010 and 2011, an

undercover Specia l Agent ("UC1") of th e Federa l Bureau o f

Inves t iga t ion ("FBI"), whose i de n t i t y i s known to the Grand Jury ,

held himsel f ou t to BOYLAND and HERMON as an en t repreneur from

Phi lade lphia , Pennsylvania who was (i) in th e impor t -expor t

business , ( i i ) i n t e res t ed in a id ing the Promoter ' s ca rn iva l

bus iness , and ( i i i ) seeking oppor tun i t i e s to inves t in r e a l

e s t a t e i n Brooklyn, New York. UC1 provided h is c e l l u l a r

te lephone number, which was assigned a Pennsylvania-based a rea

code, to BOYLAND and HERMON.

5. In o r about 2011, another undercover spec ia l Agent

("UC2") of the FBI, whose i de n t i t y i s known to th e Grand Jury ,

held himsel f ou t to BOYLAND and HERMON as an ent repreneur with

business i n t e r e s t s in Flor ida , who was a business as soc ia te of

UC1 and was seeking oppor tun i t i e s to inves t in r e a l e s t a t e in

2




....

"

"-)

Brooklyn, New York. UC2 provided h is c e l l u l a r te lephone number,

which wa s ass igned a Flor ida-based area code, to BOYLAND.

The Trave l ing Carnival Business

6. Travel ing ca rn iva l bus inesses t h a t seek to opera te

ca rn iva l s in New York City must obta in permiss ions , permits and

l icenses from var ious l oca l government agenc ies . For example,

the Department of Consumer Affa i r s ("DCA") must i s sue a

"Temporary Use Device License" in order fo r a carn iva l to opera te

r ides . DCA of ten r equ i r es l e t t e r s o f suppor t from the l oc a l

community board and e lec ted o f f i c i a l s who r ep resen t the d i s t r i c t

with in which the ca rn iva l i s to be he ld . In addi t ion , th e New

York City Department of Bui ld ings must in spec t and approve a

-carniva l before it can begin opera t ing .

7. Carnival opera tors in New York City f requent ly

seek to have community-based non-prof i t organ iza t ions l i s t e d as

sponsors fo r t h e i r shows. The ca rn iva l s themselves genera l ly

genera te more than $5,000 in r ece ip t s .

8. A ca rn iva l promoter i s an ind iv idua l who he lps

secure loca t ions , permissions and permi ts fo r t r ave l ing ca rn iva l

bus inesses .

The Criminal Schemes

9. In or about and between August 2010 and August

2011, the defendants WILLIAM F. BOYLAND, JR. and RYAN HERMON,

t oge ther with others , cor rupt ly so l i c i t ed in excess of $250 ,000

3




-

in br ibes and accep ted thousands o f do l l a rs in cash and o th e r

forms of payment in exchange fo r t ak ing o f f i c i a l ac t ions and

exer t ing o f f i c i a l in f luence as s pe c i f i c oppor tun i t i e s arose on

behal f of the Promoter , UCI and UC2. BOYLAND and HERMON

s o l i c i t e d and accep ted br ibes in connect ion with ( i ) th e

purpor ted i n t e re s t of the Promoter and UCI i n h o l d i n g carn iva l s

in BOYLAND's d i s t r i c t , and ( i i ) th e purported i n t e re s t of UC1 and

UC2 in i nves t ing in r e a l e s t a t e development p r o j ec t s in BOYLAND's

d i s t r i c t .

I . The Carn iva l Scheme

10. In o r about and between August 2010 and August

2011, th e defendants WILLIAM F. BOYLAND, JR. and RYAN HERMON,

toge ther with o ther s , engaged in a scheme to s o l i c i t br ibes from

th e Promoter and UC1 in exchange fo r BOYLAND's as s i s tance in

securing the necessary permi ts and suppor t to al low th e Promoter

to hold ca rn iva l s in BOYLAND's d i s t r i c t ( the "Carn iva l Scheme").

11. It was p a r t of th e Carn iva l Scheme t h a t s t a r t i ng

in o r about August 2010, BOYLAND met with th e Promoter and UCI on

mul t ip le occas ions in New York Ci ty and discussed the d es i r e of

the Promoter and UCI to hold carn iva l s in BOYLAND's d i s t r i c t . In

those meet ings, BOYLAND requested payments fo r a s s i s t i ng th e

Promoter and UCI. BOYLAND also discussed var ious ways in which

payments made to him could be disguised to hide t h e i r t rue

purpose .

4




-.-

12. As a r e s u l t of these meet ings, BOYLAND d i r ec t ed

h is s t a f f to a s s i s t th e Promoter and UC1. BOYLAND represen ted to

th e Promoter and UCl t h a t he and h is s t a f f (i) engaged in

di scuss ions 'w i tb 'governmental agencies to a s s i s t the Promoter in

obta in ing carn iva l - re l a t ed l eases and permi t s , ( i i ) arranged fo r

a non-prof i t o rgan iza t ion to sponsor th e Promoter ' s carn iva l s ,

and ( i i i ) took s t eps to ensure t h a t th e Promoter would rece ive

l e t t e r s of support from BOYLAND t h a t he needed to opera te

ca rn iva l s in BOYLAND's d i s t r i c t . In r e tu rn , UCl paid seve ra l

thousand do l la r s by check and money orders t h a t were deposi t ed

in to BOYLAND's campaign bank account .

13. In o r about February 2011, th e defendant RYAN

HERMON i t l fomedUC1- tha t - she had been ass igned by BOYLAND to the

"team" deal ing with UCl and th e Promoter ' s carn iva l s . In

add i t ion to h er e f fo r t s i n connect ion with th e Carn iva l Scheme,

HERMON a lso s o l i c i t e d br ibes fo r h e r se l f from th e Promoter and

UCl in exchange fo r h er cont inuing as s i s tance in secur ing the

necessary permi t s , l i censes and suppor t to al low th e Promoter to

hold ca rn iva l s in BOYLAND's d i s t r i c t ( the "Hermon Carn iva l

Scheme") .

14. It was p a r t of th e Carn iva l Scheme and th e Hermon

Carn iva l Scheme t h a t HERMON met with th e Promoter and UCl on

mult ip le occasions in New York Ci ty . During these meet ings,

HERMON asked the Promoter and u e l what as s i s t an ce they needed

5




;

from BOYLAND's off i ce in o rd e r to hold carn iva l s in h is d i s t r i c t

and sought to be paid fo r her e f fo r t s on t h e i r beha l f . In

re tu rn , UC1 paid HERMON approximately two thousand d o l l a r s in

cash . Ult imately , HERMON provided th e Promoter and UC1 with ,

among othe r th ings , l e t t e r s wri t t en on BOYLAND's o f f i c i a l

l e t t e r h ead t h a t expressed BOYLAND's suppor t fo r th e Promoter and

fo r the ca rn iva l s t h a t the Promoter purpor ted to promote. HERMON

also showed the Promoter and UC1 a loca t ion in BOYLAND's d i s t r i c t

fo r a proposed carn iva l .

15. In o r about March 2011, HERMON expressed to UC1

t h a t th e process of a r rang ing to hold carn iva l s in BOYLAND's

d i s t r i c t had become much b e t t e r fo r th e Promoter and UC1 s ince

she became involved . HERMON s t a t e d t h a t she was shar ing the

br ibes she received in connect ion wi th th e HERMON Carnival Scheme

with o t h e r s t a f f e r s in BOYLAND's o f f i c e , and t h a t t h i s had

r esu l ted in b e t t e r se rv ice fo r UC1. An excep t of t h e i r

conversat ion on t h a t t op ic fo l lows:

HERMON:

UC1:

HERMON:

You know to be hones t with you. I apprec ia te

your . generos i ty . I 'm ac tua l ly shar ing

with th e s t a f f in ( laughing) th e o f f i c e . . .

Ehm hm.

- - the s t a f f , when I come in and say well

[UC1] needs t h i s , dah dah dah did dah.

They ' re jumping ' cause they know, l i ke I 'm,t h e y ' r e gonna g et something o r they got

something.

UC1: Oh good. Ok. Good, good.

6




HERMON: And t h a t ' s no t saying t h a t should always be

the i ncen t ive but , be honest with you,

t hey ' re j u s t l i k e , everyone j u s t wanna make

sure these dea ls g e t c losed and, and they dohappen and work in your favor .

I I . The Real Esta te Scheme

16. In o r about and between November 2010 and August

2011, the defendants WILLIAM F. BOYLAND, JR. and RYAN HERMON,

t oge the r with othe rs , engaged in a scheme to s o l i c i t br ibes from

UC1 and UC2 in exchange fo r BOYLAND's o f f i c i a l as s i s tance to UC1

and UC2 with r e a l e s t a t e development pro jec t s in BOYLAND's

d i s t r i c t ( the "Real Es ta t e Scheme") . It was p a r t o f th e Real

Esta te Scheme t h a t BOYLAND and HERMON exchanged te lephone ca l l s ,

t e x t messages and emai ls with UC1, when BOYLAND and HERMON were

loca ted in the Eas te rn ' D i s t r i c t of New York, -andUC1 was loca ted

in the Sta te o f Pennsylvania .

17. It was also p a r t of the Real Es ta t e Scheme t h a t on

March 11, 2011, BOYLAND met with UC1 and UC2 about t h e i r i n t e r e s t

i n r e a l e s t a t e development p r o j ec t s i n h i s d i s t r i c t , high l igh t ing

one p r o j ec t i n pa r t i c u l a r in which "s ta te money" fo r f inancing

was ava i lab le . Short ly t h e re a f t e r , BOYLAND and HERMON s o l i c i t e d

money from UC1, purpor ted ly to pay fo r lawyers rep re sen t ing

BOYLAND on fede ra l cr imina l charges t h a t had r ecen t l y been f i l e d

in New York, New York. In exchange fo r th e money, UC1 and UC2

would rece ive BOYLAND's o f f i c i a l ac t ion and inf luence as s p ec i f i c

7




oppor tun i t i e s arose in suppor t of UCI and UC2's r e a l e s t a t e

development businesses .

18. On o r about March 25, 2011, UCI met with BOYLAND

a t hfs d i s t r i c t o f f i c e in Brooklyn, New York. BOYLAND agreed

t ha t in exchange fo r money, BOYLAND would a s s i s t UCI and UC2 in

obta in ing New York ·Sta te gran t monies to help f inance th e r e a l

e s t a t e development pro jec t s in h is d i s t r i c t . In re tu rn , UCI pa id

BOYLAND $7,000 in cash.

19. Approximately one week l a t e r , BOYLAND showed UCI

and UC2 l oca t ions in h is d i s t r i c t t h a t he suggested would be

su i tab le fo r development p r o j ec t s . BOYLAND emphasized t h a t a l l

th e proper t i e s he was showing UCI and UC2 were in BOYLAND's

d i s t r i c t , ' which "we-have con t ro l over." BOYLAND f u r th e r s t a t ed ,

"Everyth ing we've seen I 'm in con t ro l o f . You know, I 'm th e

po l i t i c i a n . I 'm th e guy who can make t h a t move over on t h i s end,

so we know the fo lks t h a t can p u l l th e s o r t of t r iggers we ' r e

looking fo r . "

20. On o r about Ap r i l 29, 2011, in a ho te l s u i t e in

Atlan t ic City , New Je rsey , BOYLAND so l i c i t ed $250,000 from UC1

and UC2 in exchange fo r BOYLAND's o f f i c i a l ac t ion and inf luence

as spec i f i c oppor tun i t i e s arose in connect ion wi th the purchase

and development of a former h o s p i t a l in BOYLAND's d i s t r i c t

("Hospi ta l A"), th e i d e n t i t y o f which i s known to th e Grand Jury .

Spec i f i ca l ly , BOYLAND proposed a scheme which ca l l ed fo r UC1 and

8




UC2 to purchase Hospi ta l A fo r $8 mil l ion and r e s e l l it to a

non-prof i t o rgan iza t ion t h a t BOYLAND purported to con t ro l ("Non

Prof i t A"), the i de n t i t y of which i s known to th e Grand Jury , fo r

$1 5 mill ie-h.

21. During t h i s meeting, BOYLAND demonstra ted h is

awareness of the c r imina l na tu re o f the plan by exp la in ing to UCI

and UC2 t h a t he d id not want to t a lk on th e te lephone about these

a c t i v i t i e s and t h a t he pre fe r red in -person meet ings . He s t a t ed ,

" I s topped t a lk ing on th e phone awhi le ago . . . I 'm j u s t saying

t he re i s no r e a l conversa t ion t h a t you can have t ha t , you know,

espec ia l ly with what we' re t a lk ing about ." BOYLAND fu r the r made

c l e a r t h a t he needed to conceal h is involvement in the proposed

proj ec t . BOYLAND s t a t ed , " I got a middle guy by the way . .. .-I

go t ta s t ay c lean . . . I go t a bag man . . ."

22. HERMON, knowing t ha t the Hosp i ta l A d ea l was

condi t ioned on UCI and UC2 paying a $250,000 br ibe to BOYLAND,

took ac t ion in fu r therance of th e scheme. For example, HERMON

advised UCI t h a t th e h o s p i t a l dea l was "doable" and claimed t h a t

she had been "on th e phone with a s t a t e r ep resen ta t ive hear ing

about t h e i r enthusiasm about the pro jec t . " HERMON also t o ld UCI

t h a t BOYLAND "d e f i n i t e l y has s t a t e suppor t . "

23. On o r about June 7, 2011, in a h o te l room in New

York, New York, BOYLAND r e i t e r a t e d t h a t he wanted UCI and UC2 to

pay him $250,000 in exchange fo r the Hosp i ta l A pro jec t . When

9



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UC2 i n s t ead o f fe red to pay BOYLAND $5,000 fo r i n t roduc t ions to

o t h e r government o f f i c i a l s who would be invo lved i n th e p r o j ec t ,

BOYLAND r e jec ted th e sugges t ion , s t a t i n g t h a t th e people whom he

could in t roduce to UC1 and UC2 were worth more t h a n ~ $5,000: ~ " I ' m -

not t a lk ing about $5,000 fo lks . I 'm t a lk ing about ... people

t h a t can ac tu a l l y g e t these pro jec t s done 1/ BOYLAND

f u r th e r s t a t e d t h a t he had been e f f ec t i v e i n ge t t ing pro jec t s

l i ke t h i s done in th e p as t .

COUNT ONE

(Ex tor t ion Conspi racy - - Real Es ta t e Scheme)

24. The a l l eg a t i o n s con ta ined i n paragraphs 1 through

23 a re rea l leged and incorpora ted as if s e t fo r t h fu l l y i n t h i s

paragraph .

25. In o r abou t and between August 2010 and August

2011, both dates be ing approximate and inc lus ive , with in th e

Easte rn D i s t r i c t o f New York and elsewhere , th e defendan ts

WILLIAM F. BOYLAND, JR. and RYAN HERMON, t oge the r with othe rs ,

d id knowingly and i n t en t iona l ly consp i re to o b s t r u c t , delay and

a f f e c t commerce, and th e movement of a r t i c l e s and commodit ies in

commerce, by ex to r t ion , in t h a t the defendan ts and others agreed

to obta in proper ty , to wit : cash and o t h e r forms o f payment

r e l a t i n g to th e Real Es ta t e Scheme, from UC1 and UC2, with t h e i r

10




consent , which consent was to be induced under c o l o r of o f f i c i a l

r i g h t , to wi t : BOYLAND's p o s i t i o n as a member of th e Assembly.

(T i t l e 18, United Sta tes Code, Sect ions 1951(a) and

COUNT TWO

(Attempted Extor t ion - - Real Esta te Scheme)

26. The a l l eg a t i o n s con ta ined in paragraphs 1 through

23 a re rea l l eged and incorpora ted as if s e t fo r th fu l l y i n t h i s

paragraph.


2011, both d a t e s being approximate and i nc lus ive , with in the

Eas tern D i s t r i c t of New York and elsewhere , the defendan ts

WILLIAM F. BOYLAND, JR. and RYAN HERMON, toge ther with o t h e r s ,

did knowingly and i n t en t iona l ly a t tempt to obs t ruc t , delay and

a f f e c t commerce, and the movement of a r t i c l e s and commodit ies in

commerce, by ex to r t ion , i n t h a t th e defendants and othe rs

obta ined and at tempted t o ob ta in proper ty , to wit : cash and othe r

forms of payment r e l a t i n g to th e Real Esta te Scheme, from UC1 and

UC2, with t h e i r consent , which consent was to be induced under

co lo r of o f f i c i a l r i g h t , to wit : BOYLAND's pos i t ion as a member

of the Assembly.


3551 e t seq . )

11




COUNT THREE

(Br ibery and Trave l Act Conspiracy - - Real Es ta t e Scheme)

28. The a l lega t ions con ta ined in paragraphs 1 through

23 are rea l leged and incorpora ted as if s e t fo r th f ~ l l y in t h i s

paragraph .


2011, both dates being approximate and i nc lus ive , with in the

Easte rn D i s t r i c t of New York and elsewhere , the defendants

WILLIAM F. BOYLAND, JR. and RYAN HERMON, t oge the r with othe rs :

(a ) being agen ts o f th e Assembly, an agency of the New

York Sta te government which rece ived b en e f i t s in excess of

$10,000 under one o r more Federa l programs invo lv ing gran t s ,

con t rac t s , subs id i e s , loans , guaran tees , insurance and o t h e r

forms of Federa l ass i s t ance in one o r more one-year per iods , d id

knowingly and wi l fu l ly consp i re t o co r rup t ly s o l i c i t and demand

fo r th e b en e f i t of BOYLAND, and accep t and agree to accep t , one

o r more th ings o f value , to wit : cash and o t h e r forms of payment

r e l a t i n g to th e Real Esta te Scheme, from one o r more persons , to

wit : UC1 and UC2, in tending to be in f luenced and rewarded in

connect ion with business and one o r more t r ansac t ions and se r i e s

of t r ansac t ions of the Assembly, invo lv ing th ings of value of

$5,000 o r more, cont ra ry to Ti t l e 18, Uni ted Sta tes Code, Sect ion

6 6 6 (a ) (1) (B) i and

(b) d id knowingly and w i l fu l l y consp i re to t r a v e l i n

i n t e r s t a t e commerce and use the mai l and f a c i l i t i e s in i n t e r s t a t e

12




commerce, with i n t e n t to promote, manage, e s t a b l i sh , c a r r y o n and

f a c i l i t a t e th e promotion, management, es tab l i shment and carry ing

on of unlawful a c t i v i t y , to wit : rece iv ing br ibes r e l a t i n g to the

Real Esta te Scheme, in v io la t ion of New York Penal Law Sect ions

200.10 and 20.00, and t h e re a f t e r to perform ac t s to promote,

manage, es tab l i sh , c a r r y o n and f a c i l i t a t e th e promotion,

management, es tab l i shment and car ry ing on o f such unlawful

a c t iv i t y , cont ra ry to Ti t l e 18, United Sta tes Code, Sect ion

1952 (a ) (3 ) .

30. In fu r therance of th e conspiracy and to e f f e c t i t s

objec t s , with in the Eas te rn D i s t r i c t of New York and elsewhere ,

th e defendants WILLIAM F. BOYLAND, JR. and RYAN HERMON committed

and caused to be committed, among ohhers , th e fo l lowing:

OVERT ACTS

a . On March II, 2011, BOYLAND met with UC1 and

UC2 in New York, New York.

b. On March 19, 2011, BOYLAND engaged in a

te lephone conversat ion with UC1.

c. On March 22, 2011, HERMON engaged in a


d. On March 23, 2011, BOYLAND engaged in a


e . On March 25, 2011, BOYLAND met with UC1 in

Brooklyn, New York.

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f . On Ap r i l I , 2011, BOYLAND met with UC1 and

UC2 in Brooklyn, New York.

g. On Ap r i l 29, 2011, BOYLAND met with UC1 and

- UC2-in At lan t i c City , New Je r sey .

h. On May 9, 2011, HERMON met with UC1 in New

York, New York.

i . On May 24, 2011, HERMON engaged in a

te lephone conversa t ion wi th UC1.

j . On May 27, 2011, BOYLAND, HERMON and ano ther

i nd iv idua l met with UC2 in Brooklyn, New York.

k. On June 7, 2011, HERMON met with UC1 and the

Promoter in Brooklyn, New York.

1 . On June 7, 2011, BOYLAND met with UC1 and UC2

in New York, New York.

m. On June 7, 2011, BOYLAND s e n t a t e x t message

to UC1.

(Ti t le 18, United Sta tes Code, Sect ions 371 and 3551 e t

seq. )

COUNT FOUR

(Bribery - - Real Esta te Scheme)


23 are rea l leged and incorpora ted as if s e t fo r th fu l l y in t h i s

paragraph.


2011, both dates being approximate and inc lus ive , with in th e

14




Eas tern D i s t r i c t of New York and elsewhere , the defendan ts

WILLIAM F. BOYLAND, JR. and RYAN HERMON, t oge the r with othe rs ,

be ing agents of th e Assembly, an agency of the New York S ta t e

government which rece ived b en e f i t s in excess of $iO,OOb ·under one

o r more Federa l programs invo lv ing gran t s , con t rac t s , subs id i e s ,

loans , guaran tees , insurance and o t h e r forms of Federa l

ass i s t ance in one o r more one-year p e r i o d s , d id knowingly,

i n t en t i o n a l l y and cor rup t ly s o l i c i t and demand fo r th e b en e f i t of

BOYLAND, and accep t and agree to accep t , one o r more th ings of

value , to wit : cash and o t h e r forms of payment r e l a t i n g to th e

Real Esta te Scheme, from one o r more persons , to wit : UC1 and

UC2, in tend ing to be in f luenced and rewarded i n connect ion wi th

bus iness and·one o r more t r ansac t ions and se r i e s of t r ansac t ions

of the Assembly invo lv ing th ings of value of $5,000 o r more.

(T i t l e 18, Uni ted Sta tes Code, Sect ions 666(a) (1 ) (B), 2

and 3551 e t seq. )

COUNT FIVE

(Honest Serv ices Fraud Conspiracy Real Es ta t e Scheme)


23 are rea l leged and incorpora ted as if se t fo r th fu l l y i n t h i s

paragraph.


2011, both dates be ing approximate and inc lus ive , within th e

Eas tern D i s t r i c t of New York and elsewhere , th e defendan ts

WILLIAM F. BOYLAND, JR. and RYAN HERMON, t oge the r with o ther s ,

15




d id knowingly and i n t en t iona l ly consp i re to dev ise a scheme and

a r t i f i c e to defraud and depr ive th e c i t i z e n s of th e Sta te o f New

York and the Assembly of t h e i r i n t ang ib le r i g h t to th e hones t

se rvices of BOYLAND and HERMON through br ibe ry , kickbacks and th e

concealment o f mate r i a l in fo rmat ion , to wit : the Real Es ta t e

Scheme, and fo r the purpose of execu t ing such scheme and

a r t i f i c e , to t r an smi t and cause to be t r ansmi t t ed , by means of

wire communicat ion in i n t e r s t a t e commerce, wri t ings , s i g n s ,

s igna l s , p ic tu res and sounds, cont ra ry to Ti t l e 18, United Sta tes

Code, Sect ions 1343 and 1346.

(T i t l e 18, United Sta te s Code, Sect ions 1349 and 3551

COUNTS SIX THROUGH FIFTEEN

(Honest Serv ices Fraud - - Real Es ta t e Scheme)

35. The a l lega t ions con ta ined in paragraphs 1 through

23 are rea l l eged and incorpora ted as if fu l l y s e t fo r th in t h i s

paragraph.


2011, both dates being approximate and inc lus ive , with in the

Eas tern D i s t r i c t of New York and elsewhere , th e defendants

WILLIAM F. BOYLAND, JR. and RYAN HERMON, t oge the r with o t h e r s ,

d id knowingly and i n t en t iona l ly dev ise a scheme and a r t i f i c e to

defraud and depr ive th e c i t i z e n s of the S ta t e o f New York and th e

Assembly of t h e i r i n t ang ib le r i g h t to th e hones t se rv ice s of

16




".

BOYLAND and HERMON through br ibery , kickbacks and the concealment

of mater ia l informat ion, to wit : the Real Es ta te Scheme.

37. On or about the dates l i s t ed below, fo r the

purpose of execut ing such scheme and a r t i f i c e , the defendants

WILLIAM F. BOYLAND, JR. and RYAN HERMON, toge ther with o ther s ,

t ransmit ted and caused to be t ransmit ted by means of wire

communication in i n t e r s t a t e commerce, wri t ings , s igns , s igna l s ,

p i c tu res and sounds, as ident i f i ed below:

COUNT

SIX

SEVEN

EIGHT

NINE

TEN

ELEVEN

TWELVE

THIRTEEN

APPROXIMATE INTERSTATE WIRE TRANSMISSION

DATE

10/29/10 Telephone conversa t ion between BOYLAND

and UC1 who was using ou t -o f - s t a t e

te lephone number


and UC1 who was us ing ou t -o f - s t a t e

te lephone number


and UC1 who was using out -of - s ta te

te lephone number

2/23/11 Voicemail message from HERMON fo r UC1

on UC1's ou t -o f - s t a t e te lephone number

2/24/11 Telephone conversa t ion between HERMON


te lephone number

3/18/11 Text message from BOYLAND to UC1 onUC1's ou t -o f - s t a t e te lephone number


and UC1 who was us ing out -of - s ta te

te lephone number

3/22/11 Telephone conversa t ion between HERMON


te lephone number

17




FOURTEEN

FIFTEEN

3/23/11

5/24/11

Telephone conversa t ion between BOYLAND

and UC1 who was using o u t -o f - s t a t e

te lephone number

Telephone conversa t ion between HERMON

and UC1 who was using o u t -o f - s t a t e

te lephone number

(Ti t le 18, United Sta tes Code, Sect ions 1343, 1346, 2

and 3551 e t seg. )

COUNT SIXTEEN

(Extor t ion Conspiracy - - Carnival Scheme)


23 are rea l l eged and incorpora ted as if s e t fo r th fu l ly in t h i s

paragraph.



Eastern D i s t r i c t of New York and elsewhere , th e defendants


did knowingly and i n t en t iona l ly conspire to obs t ruc t , delay and

a f f e c t commerce, and the movement of a r t i c l e s and commodities in

commerce, by ex to r t ion , i n t h a t th e defendants and others agreed

to obta in proper ty , to wit : cash and o t h e r forms o f payment

r e l a t i n g to th e Carn iva l Scheme, from th e Promoter and UC1, with

t h e i r consent , which consent was to be induced under co lo r of

o f f i c i a l r igh t , to wit : BOYLAND's pos i t ion as a member of the

Assembly.


3551 e t seg. )

18




COUNT SEVENTEEN

(Bribery Conspiracy - - Carnival Scheme)

40. The a l lega t ions contained in paragraphs 1 through

23 a re rea l l eged and incorporated as if s e t fo r th fu l ly in t h i s

paragraph .


2011, both dates be ing approximate and inc lus ive , with in the

Eastern D i s t r i c t of New York and elsewhere , the defendants

WILLIAMF. BOYLAND, JR. and RYAN HERMON, t oge the r with othe rs ,

be ing agen ts of th e Assembly, an agency of the New York Sta te

government which received benef i t s in excess o f $10,000 under one

o r more Federa l programs involving gran t s , con t rac t s , subs id i e s ,

loans , guarantees, insurance and o t h e r forms of Federa l

as s i s tance in one o r more one-year per iods , d id knowingly and

wi l fu l ly conspire to cor rup t ly s o l i c i t and demand fo r th e b en e f i t

of BOYLAND, and accep t and agree to accep t one o r more th ings of

value , to wit : cash and o t h e r forms o f payment r e l a t i ng to the

Carniva l Scheme, from one o r more persons , to wit : the Promoter

and UC1, in tending to be in f luenced and rewarded in connect ion

with business and one o r more t r ansac t ions and s e r i e s of

t r ansac t ions of the Assembly, involving th ings o f value of $5,000

o r more, cont ra ry to Ti t l e 18, United Sta tes Code, Sect ion

666 (a) (1) (B ) .42. In fu r therance of the conspiracy and to e f f e c t i t s

objec t s , with in the Eas te rn D i s t r i c t of New York and elsewhere ,

19




the defendants WILLIAM F. BOYLAND, JR. and RYAN HERMON committed

and caused to be committed, among o ther s , the fo l lowing:

OVERT ACTS

a . On August 16, 2010, BOYLAND engaged in a

te lephone conversat ion with the Promoter .

b . On August 20, 2010, BOYLAND engaged in a

te lephone conversa t ion with th e Promoter .

c . On August 26, 2010, BOYLAND met with the

Promoter and UC1 in Brooklyn, New York.

d. On October 8, 2010, BOYLAND met with the

Promoter and UC1 in Brooklyn, New York.

e . On October 18, 2010, HERMON sen t an emai l to

UC1.

f . On October 19, 2010, BOYLAND sen t an emai l to

UC1.

g . On October 28, 2010, BOYLAND met with UC1.

h. On October 29, 2010, BOYLAND engaged in a

te lephone conversa t ion with UC1.

i . On November 3 , 2010, BOYLAND met with UC1 and

the Promoter in Brooklyn, New York.

j . On November 10, 2010, BOYLAND engaged in a


k. On January 17, 2011, BOYLAND engaged in a


20




1. On o r about January 28, 2011, BOYLAND met

with UC1 in New York, New York.

m. On February 23, 2011, HERMON l e f t a voicemail

message fo r UC1.

n. On February 24, 2011, HERMON engaged in a


o. On February 24, 2011, HERMON met with the

Promoter in New York, New York.

p. On February 27, 2011, HERMON met with UC1 in

New York, New York.

q. On February 27, 2011, HERMON sen t a t e x t

message to UC1.

r . On March 8, 2011, HERMON provided th e

Promoter with l e t t e r s on BOYLAND's o f f i c i a l l e t t e rhead .

(Ti t le 18, uni ted Sta tes Code, Sect ions 371 and 3551 e t

seq. )

COUNT EIGHTEEN(Attempted Extor t ion - - Carniva l Scheme)

43. The a l l ega t ions contained in paragraphs 1 through

23 are rea l leged and incorporated as i f s e t fo r th fu l ly in th i s

paragraph.

44. In or about and between August 2010 and August

2011, both dates being approximate and inc lus ive , within the

Eastern Di s t r i c t of New York and elsewhere , th e defendants

WILLIAM F. BOYLAND, JR. and RYAN HERMON, toge ther with o ther s ,

21




d id knowingly and i n t en t iona l ly a t tempt to obs t ruc t , delay and

a f f e c t commerce, and th e movement of a r t i c l e s and commodit ies in

commerce, by ex to r t ion , and a t tempt to do so , in t h a t the

defendants and othe rs obtained and at tempted to obta in proper ty ,

to wit : cash and othe r forms of payment r e l a t i ng to the Carnival

Scheme, from th e Promoter and UC1, with t h e i r consent , which

consent was to be induced under c o l o r of o f f i c i a l r i g h t , to wit :

BOYLAND's pos i t ion as a member of the Assembly.

(T i t l e 18, United Sta tes Code, Sect ions 1951(a) , 2 and

3551 e t seg. )

COUNT NINETEEN

(Bribery - - Carn iva l Scheme)

45. The a l l eg a t i o n s contained in paragraphs 1 through

23 a re rea l l eged and incorpora ted as i f s e t fo r th fu l ly i n t h i s

paragraph .



Easte rn D i s t r i c t of New York and elsewhere , th e defendants


be ing agents of the Assembly, an agency of the New York S ta t e

government which rece ived benef i t s in excess o f $10,000 under one

o r more Federa l programs involving gran t s , con t rac t s , subs id i e s ,

loans , guarantees, insurance and o t h e r forms of Federa l

as s i s tance in one o r more one-year per iods , d id knowingly,

i n t en t iona l ly and cor rup t ly s o l i c i t and demand fo r the b en e f i t of

22




BOYLAND, and accep t and agree to accep t , one o r more t h ings of

value , to wit : cash and othe r forms of payment r e l a t i n g to the

Carniva l Scheme, from one o r more persons , to wit : th e Promoter

~ and UC1, in tend ing to be in f luenced and rewarded in connect ion

with bus iness and one o r more t r ansac t ions and s e r i e s of

t r ansac t ions of th e Assembly invo lv ing th ings o f value o f $5,000

o r more.

(T i t l e 18, Uni ted Sta te s Code, Sect ions 666(a) (1 ) (B), 2

and 3551 e t seg . )

COUNT TWENTY(Attempted Extor t ion - - Hermon Carn iva l Scheme)

47. The a l l eg a t i o n s con ta ined i n paragraphs 1 through

23 are rea l l eged and incorpora ted as if s e t f o r th fu l l y i n t h i s

paragraph.

48. In o r about and between February 2011 and March


Eas tern D i s t r i c t o f New York and elsewhere , th e defendant RYAN

HERMON, toge ther with othe rs , d id knowingly and i n t en t iona l ly

a t tempt to obs t ruc t , delay and a f f e c t commerce, and th e movement

of a r t i c l e s and commodit ies in commerce, by ex to r t ion , and

a t tempt to do so , in t h a t the defendant and othe rs obtained and

at tempted t o ob ta in proper ty , to wit : cash and o th e r forms of

payment r e l a t i n g to the Hermon Carn iva l Scheme, from th e Promoter

and UC1, with t h e i r consent , which consent was to be induced

23




· ,

under co l o r of o f f i c i a l r i g h t , to wit : HERMON's p o s i t i o n as

BOYLAND's ch ie f of s t a f f .

(T i t l e 18, uni t ed S ta t e s Code, Sect ions 1951(a) and

3551 e t seq.)

COUNT TWENTY-ONE

(Bribery - - Hermon Carn iva l Scheme)


23 are rea l leged and incorpora ted as if s e t f o r th fu l l y i n t h i s

paragraph .

50. In o r about and between February 2011 and March


Easte rn D is t r i c t of New York and elsewhere , th e defendant RYAN

HERMON, toge ther with othe rs , be ing an agen t of the Assembly, an

agency of the New York S ta t e government which rece ived b en e f i t s

in excess of $10,000 under one o r more Fed era l programs invo lv ing

gran t s , con t rac t s , subs id i e s , loans , guaran tees , insurance and

o t h e r forms of Federa l as s i s tance in one o r more one-year

p e r i o d s , d id knowingly, i n t en t iona l ly and cor rup t ly s o l i c i t and

demand fo r th e b en e f i t o f HERMON, and accep t and agree to accep t ,

one o r more th ings of value, to wit : cash and o th e r forms of

payment re l a t ing to th e Hermon Carn iva l Scheme, from one o r more

persons , to wit : the Promoter and UC1, in tend ing to be in f luenced

and rewarded in connect ion wi th business · and one o r more

24




t r ansac t ions and se r i e s o f t r ansac t ions of the Assembly involving

th ings o f va lue of $5,000 o r more.

(T i t l e 18, Uni ted Sta tes Code, Sect ions 666(a) (1 ) (B), 2

and 3551 e t seg. )

CRIMINAL FORFEITURE ALLEGATION

51. The Uni ted Sta tes hereby gives not i ce to th e

defendants t h a t , upon t h e i r conv ic t ion o f any of the o f fenses

charged in Counts One through Twenty-One, th e government w i l l

seek fo r fe i tu re , i n accordance with Ti t l e 18, United Sta tes Code,

Sect ion 981(a) (1) (C) and Ti t l e 28, United S ta t e s Code, Sect ion

2461(c) , of any proper ty cons t i tu t ing o r der ived from proceeds

obtained d i r e c t ly o r i nd i r e c t l y as a r e s u l t of such of fenses .

52. I f any of the above-descr ibed fo r f e i t a b l e

proper ty , as a r e s u l t o f any a c t o r omiss ion of the defendan ts :

a . cannot be loca ted upon th e exerc ise o f due

di l igence ;

b. has been t rans fe r red o r sold to , or deposi t ed

with, a th i rd pa r ty ;

c . has been placed beyond th e j u r i s d i c t i on of

th e cour t ;

d. has been su b s t a n t i a l l y dimini shed in value ;

o r

e . has been commingled with o th e r proper ty which

cannot be div ided without d i f f i c u l t y ;

25




it i s th e i n t e n t of the United s t a t e s , pursuan t to Ti t l e 21,

United Sta tes Code, Sect ion 853(p) , as incorpora ted by Ti t l e 28,

United Sta tes Code, Sect ion 2461(c) , to seek fo r f e i t u re of any

othe r proper ty o f the defendants up to the value o f th e

fo r fe i t ab le proper ty descr ibed in t h i s fo r f e i t u re a l l eg a t i o n .

(T i t l e 28, United Sta te s Code, Sect ion 2461(c) i Ti t l e

18, United Sta tes Code, Sect ion 981(a) (1) (C) i Ti t l e 21, United

Sta te s Code, Sect ion 853(p))

('-j)r{Jt/bv ~ . ( ~ ( ~ LORETTA E. LYNCH

UNITED STATES ATTORNEY

EASTERN DISTRICT OF NEW YORK

A TRUE BILL

26




" F.#20 lIR02 11 7

;. FORM DBD-34

, - ~ JUN. 85

..

No.

UNITED STATES DISTRICT COURT

EASTERN District of NEW YORK

CRIMINAL DIVISION

THE UNITED STATES OF AMERICA

vs.

William F Boyland, Jr. andRyan Hermon

Defendants.

INDICTMENTT 18, USc., §§ 371, 666(a)(1)(B), 981(a)(l)(C), 1343, 1346, 1349, 1951 (a),

2 and 3551 et seq.; T 21, USc., § 853(P); T 28, USc., § 2461(c))

- ~ ~ : : ~ - - - - - - - - - - - - - - - ~ ~ o o -Filed in open court this _________________ day.

of____________ A.D. 20 ____ _

Clerk

Bail, $ ---------Lan Nguyen, Ass istan t U.S. Attorney (718-254-6162)

I




F.#2011R02117 I N F O ~ T ~ ~ E T UNITED STATES ~ CJRJ.EASTERN DISTRICT OF NEW YORK

850

1. Title ofCase: United States v. William F. Boyland, Jr. and Ryan Hermon

2.

3.

4.

Related Magistrate Docket Number(s):M-11-1163, M-11-1183,

None ( )

Arrest Date: 11/29/11 (Boyland), 12/1/11 (Hermon)

Nature of offense(s): ~ Felony

o Misdemeanor

5. Related Cases - Title and Docket No(s). (Pursuant to Rule 50.3 of the

Local E.D.N.Y. Division ofBusiness Rules):

6. Projected Length ofTrial: Less than 6 weeks (X)

More than 6 weeks ( )

7. County in which crime was allegedly committed: Brooklyn

,OWNES, J.

GO,-M.J.

(Pursuant to Rule 50.1(d) of the Local E.D.N.Y. Division ofBusiness Rules)

8. Has this indictment/information been ordered sealed? () Yes (X)No

( ) Yes (X) No. Have arrest warrants been ordered?

By:

Rev. 3/22/01

LORETTA E. LYNCH

UNITED STATES ATTORNEY

;;;;;---:;;>-,----Lan Nguyen

Assistant U.S. Attorney

718-254-6162

Case 1:11-cr-00850-SLT Document 9-1 Filed 12/23/11 Page 1 of 1 PageID #: 119

william boyland ryan hermon amended complaint

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