Tuesday, February 9, 2016

Final LDC case defendant agrees to plea

Posted By on Tue, Feb 9, 2016 at 12:10 PM

The final defendant in a bid-rigging case centered on county-linked local development corporations has taken a plea deal. And unlike his three co-defendants, Daniel Lynch will likely do jail time.

Lynch faced 18 charges, far more than any of the other defendants. He pleaded guilty to four felony counts in court this morning: two counts of second-degree grand larceny and two counts of combination in restraint of trade and competition — the latter is a crime under the state's General Business Law.

Lynch wasn't sentenced this morning, but the state Attorney General's Office says that he likely faces a prison sentence of two- and one-third to seven years. The agreement also calls for him to pay $600,000 in restitution and forfeitures; $200,000 of that amount will go to Monroe County.

The heart of the broader case was a scheme by the four defendants — Lynch, former Monroe County information services director Nelson Rivera, accountant John Maggio, and former Monroe County Water Authority security director Robert Wiesner — to steer two major county contracts to Lynch's company, Navitech. One of the contracts dealt with upgrading and maintaining the county's computer and office technology systems, the other with upgrading and operating the county-wide emergency communications system. Lynch said that he helped develop the projects and that he helped draft the bid requests for them.

Lynch admitted that he profited from inside information provided by Rivera and Wiesner. He also admitted that he created false and inflated contracts relating to the projects and used the proceeds for his own benefit. But Lynch also said that he thought he could get away with it because the LDC arrangement used in the projects provided little to no oversight over subcontracts.

Wiesner, Rivera, and Maggio previously pleaded guilty to low-level felony charges of combination in restraint of trade and competition, which is a long way of saying bid-rigging. Wiesner — the husband of former County Executive Maggie Brooks — received a conditional discharge, and Rivera will likely receive probation when he's sentenced; Rivera also agreed to forfeit $45,000 in pension contributions and to never seek another public-sector job.

Maggio's charge could be further reduced to a misdemeanor, and he'll likely receive a conditional discharge, reports the Democrat and Chronicle. He's agreed to pay $350,000 to cover prosecution costs and to provide 200 hours of voluntary accounting services to a charity or nonprofit.

Lynch Signed Plea Agreement

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