Cash Bribes Described at Ex-Lawmaker’s Retrial


Jurors will see video recordings of political party leaders accepting envelopes stuffed with cash to get former state Sen. Malcolm Smith a spot on the 2013 New York City mayoral ballot, a prosecutor said Tuesday.

Smith’s second trial on corruption charges — the first ended last year in a mistrial — began Tuesday with opening statements.

Smith, a Democrat, wanted “to avoid a primary and jump right into the general election,” Assistant U.S. Attorney Perry Carbone said. So he authorized bribes of up to $25,000 to get permission from Republican Party leaders to run for mayor on the GOP line, Carbone alleged.

But Smith’s lawyer, Evan Lipton, said the evidence will prove only entrapment — that “agents of the government invented a crime and lured Malcolm Smith into it.” He said Smith did not offer any bribes, just made “a bad decision” when he became aware of the bribes and failed to report them.

Smith’s co-defendant, former Queens Republican Vice Chairman Vincent Tabone, is accused of taking a bribe and tampering with a witness, county GOP leader Philip Ragusa. Tabone’s lawyer, Dennis Ring, said Tabone considered his $25,000 — in 250 $100 bills — to be legitimate pay for political consulting work, “which is what he does for a living.”

He acknowledged that Tabone met with Ragusa just before Ragusa was to testify, but said that was simply part of their “20-year friendship.”

Of four other politicians who were arrested with Smith and Tabone, one has been convicted, two have pleaded guilty and one is awaiting trial. At the time of the arrests, U.S. Attorney Preet Bharara said the case illustrated a “culture of corruption” in New York politics.