Albert Baldeo (c.) in happier times with supporters. Photo Courtesy of the Baldeo Campaign
Albert Baldeo, the Ozone Park attorney, activist and candidate for public office who was convicted in August of six counts of obstructing justice and one count of conspiracy to obstruct justice for tampering with witnesses during the Federal Bureau of Investigation’s probe of alleged campaign fraud by Baldeo, was sentenced on Tuesday to 18 months in federal prison; two years of supervised release, including three months’ home confinement; and was ordered to pay a $15,000 fine.
The Richmond Hill resident was acquitted of three mail and wire fraud charges.
In the fall of 2010, according to U.S. Attorney Preet Bharara, Baldeo, then a borough Democratic district leader, allegedly participated in a scheme to defraud the city that involved the funneling of multiple illegal campaign contributions to his ultimately unsuccessful campaign for City Council.
After learning of the FBI’s investigation, Baldeo, 54, obstructed it by repeatedly instructing certain “straw donors” to provide false information to, or not cooperate with, the FBI agents who were investigating contributions to his campaign.
Additionally, Bharara said, in response to learning that one straw donor was going to refuse to lie as instructed, a threatening letter was faxed from Baldeo’s office to the office of this straw donor’s attorney; a co-conspirator of Baldeo who was not charged made false allegations to the city Administration for Children’s Services that this straw donor was abusing his grandchild; and Baldeo and the same co-conspirator made at least one complaint each to the city Department of Buildings about properties owned by this straw donor or his wife.
Baldeo is due to begin his sentence on March 23. The embattled attorney told The Forum on Tuesday that he and his legal team are seeking bail terms as they appeal the conviction.
“I have been told that I have more than enough legal grounds to have this overturned,” he said.
A group called People for Baldeo issued a statement on Tuesday, demanding “that these misconceived convictions against Mr. Baldeo be dismissed, and stand with him in his quest for justice.”
The organization also blasted the tactics of federal investigators, saying that “a few immigrant and minority contributors to the campaign were threatened by the FBI that their jobs and pensions would be taken away from them, that they would be deported if they did not cooperate with them and testify to support the government’s implausible theory of mail and wire fraud, conspiracy and obstruction of justice.”
Additionally, the pro-Baldeo collective not only ripped the verdict, but scrutinized the judge’s instructions to jurors.
“We note that the jury in the Baldeo trial was deadlocked for two days before the judge demanded a unanimous verdict from them. We question how a jury can reach a verdict of guilty on the obstruction of justice counts, when they acquitted Mr. Baldeo on the main underlying charges—the ill-conceived theory that the Baldeo campaign engaged in mail and wire fraud by spending its own money to pay off the campaign’s debts. We also condemn the fact that the hung jury was forced to make a decision ‘one way or the other’ in this case when they specifically reiterated that they lacked unanimity, and were deadlocked and had doubts in finding Mr. Baldeo guilty of the obstruction of justice charges.”
Sentencing Delayed by ‘Continued Self-Hospitalization’
Baldeo was supposed to have been sentenced on Wednesday, Jan. 21, at the Daniel Patrick Moynihan Federal Courthouse in Manhattan.
However, as Bharara detailed in a Jan. 25 letter to presiding Judge Paul Crotty, the sentencing had been delayed numerous times for what Bharara deemed suspicious health-related circumstances:
“The Government is concerned both that (a) the defendant is faking or exaggerating his alleged medical problems in order to delay sentencing and/or support an argument at sentencing for leniency, and (b) the defendant may be seeking to hide his location, so to as complicate or defeat the ability of Pretrial Services to supervise him, and the ability of law enforcement to ensure that he does not seek to flee prior to sentencing,” Bharara stated in the missive, which he indicated was sent to Crotty “to provide an update to the Court regarding the continued self-hospitalization of the defendant…and to ask the Court to order certain measures in light of recent developments.”
According to Bharara, approximately three hours prior to the Jan. 21 sentencing proceeding, a Flushing Hospital Medical Center doctor sent a fax to Baldeo’s defense counsel, stating that Baldeo had been admitted to the emergency room for chest pain. That fax was forwarded to the Court.
That afternoon, a conference was held in lieu of sentencing, at which Baldeo’s lawyer indicated that all the medical tests that were performed on his client came back negative, and that Baldeo would be discharged the next day, Thursday.
But, Bharara noted, defense counsel was forced to contact the Court on that Thursday to inform it that Baldeo was still in the hospital, “and although tests continued not to show anything of concern, a different kind of test had been ordered for the next day, which was believed to be standard procedure for someone of the defendant’s age who had self-reported chest pains.” If the new test showed nothing of concern, Baldeo would be discharged that Friday.
And so, the Court on that Thursday ordered sentencing to proceed on Monday, Jan. 26, at 2:30 p.m.
Approximately three hours after the new sentencing date had been scheduled, and allegedly without informing his attorney or the Court, Baldeo “requested his then-current hospital to transport him, by ambulance, to Long Island Jewish Medical Center. The defendant’s request was effected at approximately midnight.”
The next day, Friday, the U.S. Attorney’s Office asked Baldeo’s attorney why Baldeo had requested the move, but the attorney had no idea, Bharara said.
Later that same day, Baldeo’s attorney informed the Court that at LIJ Baldeo “had an angiogram and cardio catheterization procedure to clear two blockages, and that two stents were inserted. They are keeping him overnight, and assuming no complications, he will be discharged tomorrow.”
Baldeo’s doctor at LIJ later called Baldeo’s attorney, asking him to delay the sentencing for a week because “‘it’s not good to have a lot of stress right after a stent is inserted.’”
The Court declined to adjourn the sentencing.
On Friday, Jan. 25, Bharara learned that Baldeo had not yet been discharged from LIJ because he still complained of chest pains. The next day, Bharara discovered that Baldeo “instructed the hospital not to include his name in its system or to inform anyone who called that a patient with his name is a patient. The Government understands that this option, commonly known as ‘opting out,’ is typically provided to and availed of by victims of domestic violence or others who fear that for their safety if their location is known. The Government is unware of any basis for the defendant, who is on bail pending sentencing, under the supervision of Pretrial Services, to invoke this option, less to do so without providing contact information to Pretrial Services and/or the Court.”
Bharara then requested the following: “that the Court schedule a conference Monday morning, in which the defendant himself shall participate, by telephone if necessary, at which the defendant must (1) provide an explanation of (i) his requested late-night transfer from Flushing Hospital Medical Center to Long Island Jewish Medical Center, (ii) the basis for his apparently related instruction” to the Flushing Hospital doctor “not to speak with defense counsel, (iii) the basis for his ‘opting out’ at Long Island Jewish Medical Center, and (2) provide a complete report on his present status.
“Second, the Government requests that, if the defendant remains in the hospital at the time of the conference, the Court order the defendant to inform immediately the Court, through counsel, of his discharge from the hospital or transfer to any other medical facility, and provide to Pretrial Services contact information during the time when he remains hospitalized.
“Third, the Government requests the Court to order Flushing Hospital Medical Center and Long Island Jewish Medical Center to provide or make available to the Government (and any doctor retained by the Government) all records and test results with respect to the defendant’s hospitalization, transfer, and alleged medical conditions.”
By Michael V. Cusenza
