WHITE PLAINS, N.Y. (AP) — The key informant in the prosecution of three New York City politicians was denounced Wednesday as “one of the greatest liars and scammers of all time,” a thief without a conscience who is trying to avoid a long prison sentence.
Defense attorneys attacked Moses “Mark” Stern on the first day of the corruption trial of state Sen. Malcolm Smith, former City Councilman Daniel Halloran and former Queens Republican leader Vincent Tabone.
They are accused of scheming to bribe Republican party leaders so Smith, a Democrat, could run for the GOP line in last year’s mayoral race. Prosecutor Douglas Bloom told jurors in his opening statement that the case centers on “a man who wanted to be mayor, the bribes he was willing to pay, and the men who were ready, willing and able to be bought.”
But Smith’s attorney, Gerald Shargel, told jurors that Stern, a Rockland County real estate developer, defrauded Citicorp of $126 million and was looking to “get out from under 455 years in prison.” Prosecutors acknowledge that Stern pleaded guilty last year to unspecified charges and is hoping to win leniency at sentencing. They used him as an undercover witness in the current case, posing as a moneyman and secretly recording the defendants.
“He knew cooperation was the only way out,” Shargel said. He said Stern “had no conscience” and with the help of an undercover FBI agent tried to entrap Smith.
He insisted that in context, the recording would show Smith had no criminal leanings. He said that even if the prosecution does not call Stern to testify, the defense will.
Halloran’s lawyer, Vinoo Varghese, called Stern “a skilled con man.”
He said Halloran simply accepted legal campaign contributions or “was acting as a paid political consultant.” He said Halloran may have made promises he shouldn’t have, but didn’t do anything illegal.
“My client’s got a big mouth, I’ll admit that,” he said. “He’s a politician.”
Tabone’s attorney, Leo Ahearn, is to present his opening statement Thursday, but he told reporters that Stern, was “one of the greatest liars and scammers of all time.” He said the money that went to Tabone was “a reasonable and fair cash payment” for legal services and political help.
However, Bloom said the recordings that are the key evidence in the case would prove the bribery case against all three defendants.
“You will see and hear them committing the crimes,” he said.
He said Smith saw Stern’s money as “perfect for bribing whoever needed to be bribed.”
Smith was interested in the Republican line because he thought he had a better chance of winning if he avoided a crowded Democratic primary, Bloom said. He said Smith needed the blessings of three GOP county leaders and offered bribes to get them.
He said Halloran negotiated arranged the bribes, and “eventually got a price for each” ranging from $25,000 to $50,000. He also said Halloran accepted his own bribe. Tabone took an envelope with $25,000 in cash “and stuffed it in his jacket,” Bloom said.
Bronx Republican leader Joseph Savino, who was also accused and has pleaded guilty, will testify for the prosecution, Bloom said. He said Dan Isaacs, the Manhattan GOP leader who is not charged, will also take the stand.
