ropes & gray llp 1211 avenue of the americas new...

Christopher P. Conniff T +1 212 596 9036 F +1 646 728 2922 [email protected]

ROPES & GRAY LLP

1211 AVENUE OF THE AMERICAS

NEW YORK, NY 10036-8704

WWW.ROPESGRAY.COM

March 23, 2016

BY ECF

The Honorable Kimba M. Wood United States District Judge Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl Street, Room 1910 New York, NY 10007-1312

Re: United States v. Skelos, et al., S1 15 Cr. 317 (KMW)

Dear Judge Wood:

We respectfully submit this letter on behalf of our client Adam Skelos, who is scheduled to

be sentenced before Your Honor on April 13, 2016.

As the trial evidence demonstrated, Adam is a person who has acted at times as his own

worst enemy. He has done things that were self-destructive and harmful to those around him,

including those closest to him. As Adam comes before this Court for sentencing, he recognizes that

his behavior has led not only him, but also his father, to where they stand today. However, there is

another side to Adam that did not come out during the trial. As described below and in the letters

accompanying this submission, Adam is also a warm and loving person who cares deeply about

Case 1:15-cr-00317-KMW Document 165 Filed 03/23/16 of 57

- 2 - March 23, 2016 family and friends and is there when others need him. In determining the appropriate sentence for

Adam, we respectfully request that the Court take into account the unique circumstances of this

case, the humiliation and harm that has come to Adam and his family already, and the many

personal challenges he has faced in his life. When doing so, we respectfully submit that a sentence

focused on community service, drug and alcohol treatment, and counseling, is most appropriate

here. Such a sentence will provide the best chance for Adam to “repay” those who have been

harmed by this case—namely, the citizens of the State of New York (Presentence Investigation

Report (“PSR”), ¶ 59)—while allowing him to continue to care for his young children and repair the

damage he has done to himself and his family. We implore the Court to show mercy on this young

man, and give him an opportunity to be a good father to his sons and a productive member of

society.1

I. ADAM SKELOS’S BACKGROUND

A. Early Years (1982-1994)

Adam is the adopted son of Dean Skelos and Nancy Moffitt. While he was born in Florida,

Adam has lived virtually his whole life in Rockville Centre, New York. Unfortunately, Dean and

Nancy’s marriage fell apart soon after the adoption. Nancy left when Adam was an infant and Dean

1 By separate letter, we are providing to the Probation Office our objections to the draft PSR. In particular, we object to the Probation Office’s preliminary calculation of gain for purposes of determining the Sentencing Guidelines Offense level. Based on our application of the relevant Sentencing Guidelines, the appropriate Sentencing Guidelines offense level for Adam is 28 and the corresponding sentencing range is 78 to 97 months’ imprisonment. For reasons set forth in this letter, we respectfully submit that a substantial departure is warranted from this range. We have shared our objections with the government and reserve the right to further supplement our sentencing submission following receipt of the government’s response.


- 3 - March 23, 2016 became responsible for Adam’s care. As expressed by Nancy, “Dean took the lead role in caring

for Adam. He was the devoted father while I was the missing parent.” (Letter of Nancy Moffitt

Skelos Duka, Ex. 4). This was the beginning of a life for Adam that was heavily dependent on his

father.

Dean was first elected to the New York State Senate when Adam was just two years old.

Notwithstanding his busy schedule in Albany, Dean always made time for his son. Dean comes

from a large and tight-knit family, many of whom have remained in the Rockville Centre area. As

such, Adam experienced the joys of a large extended family (many of whom were in Court almost

daily throughout the trial). As an adult, Adam sought to share these lessons with his own loved

ones. In this regard, Ann Marie Skelos writes, “When Adam saw I wasn’t in touch with my side of

the family, he reached out to my cousins and reconnected us all. I now have an entire support

system all because Adam wanted to teach me the value of family.” (Letter of Ann Marie Skelos,

Ex. 1).2

B. Teenage and College Years (1994-2007)

Adam struggled with substance abuse and behavioral issues throughout his teenage years.

By tenth grade, he was placed in his first substance abuse treatment program. As with so many

young people, there were no quick fixes for the challenges that Adam faced and he soon fell into a

2 Adam, however, also knows the damage that can be done when family is a source of mistreatment, rather than love and support. As laid out more fully in the PSR, Adam’s stepfather had a profoundly damaging impact on Adam’s life. Adam’s abusive relationship with his stepfather set him on a course of addiction at a young age that continued for many years.


- 4 - March 23, 2016 pattern of acting out, getting caught, and being enrolled in a rehabilitation facility. In the three

years from tenth grade to graduation, Adam attended three different schools and four treatment

centers, including both out-patient and in-patient rehabilitation. (PSR, ¶¶ 113, 119).

Notwithstanding these struggles, Adam could also be a “polite and caring youngster.”

(Letter of Michael McGinty, Ex. 6). Michael McGinty, whose son and Adam were friends, recalled

Adam as “always polite, always willing to help and always pleasant.” (Id.) Mr. McGinty adds, “He

would engage us in conversation, outgoing with a smile on his face.” (Id.) In particular, he recalled

how twice a year “Adam would join [his son Conor], and other young people . . . [to] help at the

San Gennaro Feast sponsored by the Sacred Heart Church and at the Greek Phaghia Festival, both

in Island Park.” (Id.) He concludes, “Adam and Conor were enjoyable to have around and I never

received any complaints, and on the contrary, always compliments.” (Id.) 3

Family friend Tim Murphy shared a similar view of Adam from these early years. He

stated, “I have known Adam as a teenager and a young man. I have always viewed Adam as a

sensitive young man with a genuine concern and love for those closest to him. On occasions where

my wife and I were at the house for Dinner, Adam was proud to be the one preparing dinner for us

and his mother and other guests. . . . Adam has always been very respectful to myself, my wife

and my daughter in the years we have known each other. Even as a young man with social events

and ongoings – he always made sure he took time to say hello and talk for a while even though he

3 Mr. McGinty concludes his letter by asking the Court to “use your good offices to see a young family man, with much to offer. I pray you exercise your good offices in a compassionate manner.” (McGinty Letter).


- 5 - March 23, 2016 was on his way to work or to meet friends.” (Letter of Timothy Murphy, Ex. 14).

Adam enrolled in Hofstra University in 2000, but transferred about one year later to

Washington College in Maryland. Unfortunately, his substance abuse problems led to his dismissal

after only one semester. Adam returned to Hofstra where the administration required him to attend

another treatment program as part of his re-admission. Adam ultimately graduated from Hofstra

University in 2007. Throughout this period, Dean stood behind Adam, providing tough but

consistently strong love for his son. Dean tried repeatedly to get his son to break his cycle of

substance abuse and to begin living a healthier life. Dean’s incredible support during this time

increased Adam’s love for, and reliance on, his dad.

C. Post-College Life (2007-2011)

Adam continued to struggle to find his way in the years following his graduation from

college. At one point, at the urging of his father, Adam enrolled in a thirty-day inpatient mental

health program. (PSR, ¶ 107). Following the 30-day mental health component, Adam moved to a

90-day drug treatment session. Adam’s friend and former co-worker, Jana Rashkin, captures the

contrasting aspects of Adam’s life during those years. She describes Adam as “extremely hard

working,” respectful, and rarely mentioning who his father was, but also recalls his constant

struggles with substance abuse. (Letter of Jana Rashkin, Ex. 5).

Dean continued as Adam’s principal support after Adam returned home to Rockville Centre

following his treatment and the two developed a bond that transcended just father-son. It is fair to


- 6 - March 23, 2016 say that Dean became Adam’s closest friend. With Dean’s support, Adam stopped bartending and

began selling title insurance. Adam was gaining experience in this business and was beginning to

lead a more stable life. The title insurance business was Adam’s first foray into sales and he found

that he had a knack for it. Adam’s longtime friend Christopher Nisivoccia describes in his letter to

the Court Adam’s extremely inviting confidence, his humor, and his charisma. (Letter of

Christopher Nisivoccia, Ex. 2). Adam always made friends wherever he went, so sales seemed like

a perfect fit. While continuing to sell title insurance, Adam also tried with varying degrees of

success to get several small businesses off the ground, and even formed his own consulting

company, Rockville Strategies. Dean remained both a crutch to lean on for Adam and his biggest

supporter.4

D. Marriage and Family Life (2011-2015)

Adam and Ann Marie Skelos have known each other since they were teenage counselors in

the same summer camp. (Ann Marie Skelos Letter). The two began dating in the spring of 2011,

and Ann Marie soon became pregnant with their first child. After learning about the pregnancy, the

two decided to marry. The ceremony took place at Dean’s home in November 2011. Shortly

thereafter, Ann Marie gave birth to their first son, D Adam and Ann Marie worked to make

their marriage succeed and in 2013 had their second child, D . Sadly, both D and D

4 Adam’s experience at AbTech and PRI reflect this same two-sided nature of Adam’s personality. On the one hand, the Court heard Glen Rink heap praise on Adam for his professionalism and enthusiasm while employed as a consultant at AbTech. Rink noted that Adam worked hard for the company and contributed enormously to its efforts to expand in New York. However, Anthony Bonomo and Christopher Curcio had the opposite experience dealing with Adam at PRI during the exact same time period.


- 7 - March 23, 2016 have been diagnosed with autism. D who is just over four years old, plays well with other

children but is non-verbal and has other developmental issues.5 D ’s diagnosis is milder, but he

is also non-verbal. D and D both attend a private school for children with developmental

disabilities. Since the birth of her children, Ann Marie has devoted all of her time to her sons’ care

and as a result Adam was the principal bread-winner. Adam and Ann Marie have always relied

heavily on Dean and his wife Gail, both of whom have had a major role in their grandchildren’s

lives.

Adam’s recent criminal trial put further strain on an already fragile relationship and has led

Adam and Ann Marie to separate. Adam now recognizes that much of the cause for his failed

marriage was the result of his own immaturity and selfishness. Notwithstanding the dissolution of

their marriage, both parents are committed to working together to care for their children. (Ann

Marie Skelos Letter). Ann Marie writes that “[d]espite going through a separation, I still and

always will love and support Adam,” and that without him “my children would really suffer on so

many levels.” (Id.) Though he has moved out of the house, Adam continues to meet D and

D every day when they arrive home from school. Ann Marie also remains close with Adam’s

parents.

II. DISCUSSION

We respectfully request that this Court show mercy on Adam and his father by imposing the

most lenient sentence necessary to meet the needs of punishment and deterrence. As he will tell

5 See Letter for Shari Orinstein, MA.Ed., Ex. 7.


- 8 - March 23, 2016 Your Honor at sentencing, Adam understands that his actions have caused significant damage to the

public’s confidence in its elected representatives and that he must be punished. He also appreciates

how the demands he placed on his father to help him be successful created the environment that led

to the conduct for which he now stands convicted. However, what we ask the Court to also take

into account is that Adam deeply regrets his actions and has learned from them. More importantly,

he has seen the tremendous harm that his actions have caused to the man he loves and admires so

much.

18 U.S.C. § 3553 directs a court to consider “the nature and circumstances of the offense

and the history and characteristics of the defendant.” 18 U.S.C. § 3553(a)(1) (2014). Additionally,

a sentence should be “sufficient, but not greater than necessary” to reflect the seriousness of the

offense, afford adequate deterrence, protect the public from recidivism, and provide the defendant

with needed corrective treatment. § 3553(a).6 While recognizing that the advisory Sentencing

Guidelines suggest a term of imprisonment in this case, we respectfully submit that a non-prison

sentence with significant community service better serves the goals of sentencing under the unique

circumstances of this case. Among other things, such a sentence will allow Adam to “pay back” the

community harmed by his conduct and hopefully begin restoring their trust in government, while

minimizing the harm to Adam’s two young sons from their father’s long absence from their lives. It

will also allow Adam the best chance to continue working to conquer his personal problems and

become a better person. 6 Though the Guidelines serve as a benchmark, a court must take Section 3553’s more holistic considerations into account and must ultimately make an individualized assessment based on the facts—and the person—in question. See Gall v. United States, 552 U.S. 38, 49-50 (2007).


- 9 - March 23, 2016

Here, the nature and circumstances of the offenses warrant a non-custodial sentence. Adam

recognizes that the crimes for which he has been convicted are serious and have undermined the

public’s confidence in its public officials. While Adam is not himself a public official, he now

realizes that he was wrong to try to exploit the power of his father’s senate office for personal gain.

However, there is substantial evidence that, at least in regard to AbTech, Adam worked hard for the

company and lived up to the CEO’s expectations. As the Court will recall, Mr. Rink testified: “I

would say that I found every conversation I had with [Adam] to be very professional and very

considerate and kind. I thought that his efforts put forth were sincere . . . . I enjoyed working with

him.” (Tr. at 1143:15-21). Mr. Rink further agreed “without a doubt” that Adam was enthusiastic

in his efforts to promote AbTech’s product and that he “was a very strong advocate” for the

company. (Tr. at 1143:24-1144:4). This does not excuse Adam’s conduct, but it does put certain of

his crimes in context.

In light of these unique circumstances, a Guidelines sentence is not warranted. Little good

will come from a lengthy prison sentence and it will have a significant and potentially long-term

detrimental effect on Adam’s two young sons. While all families are harmed by the incarceration of

a loved one, the consequences are particularly severe here because of Adam’s unique family

circumstances.

Young D ’s teacher has already seen a negative change in his behavior since Adam

moved out and his complete absence from D ’s life likely will create even greater difficulties.

(See Orinstein Letter). Whatever his faults, it is clear that Adam has a close bond with his two boys


- 10 - March 23, 2016 and they rely on his love and care. Ann Marie Skelos writes that “[Adam] is the only one who can

stop D from crying doing their special peek-a-boo game” and that “[w]hen Adam is in the room

he is all D sees, D grabs his hand so he can play chase until Adam is finally out of breath.”

(Id.). Ann Marie also emphasized the importance of Adam’s presence in light of their children’s

autism: “Children need both parents to help them grow, particularly children on the spectrum who

thrive on schedules and consistency. I fear how all this change will impact them developmentally.”

(Id.)

Adam’s devotion to his sons and their reliance on him are clear to the people who know

Adam best. Ann Marie describes Adam as “an incredibly loving father.” (Ann Marie Skelos

Letter). Adam’s mother writes of her two grandsons that “the boys at this young age do need the

love and support of their caring father Adam.” (Moffitt Skelos Duka Letter). Mr. Nisivoccia’s

letter further illustrates that Adam is the kind of father who, “wants nothing more than to love and

watch his two boys [] grow up.” (Nisivoccia Letter). Ms. Orinstein writes that she often observed

Adam picking D up from school and that he “has attended all parent-teacher conferences,

classroom events and activities at the school.” (Orinstein Letter).

Additionally, the harm to D and D will be compounded here because they risk losing

not only their father but also their grandfather—a man who has been deeply involved in their lives.

(See Orinstein Letter). With the recent death of the boys’ maternal grandfather, they will be left

without any fatherly figure in their lives if both Dean and Adam are incarcerated. As Ann Marie

Skelos noted in her letter, she fears the impact that changes in the boys’ routine and loss of both


- 11 - March 23, 2016 their father and grandfather may have. (Ann Marie Skelos Letter). For these reasons, the most

lenient sentence possible is appropriate here.

Adam’s personal history also supports a non-custodial sentence. A defendant’s individual

story and circumstances are critical factors that must be considered at sentencing. Gall v. United

States, 552 U.S. 38, 49-51 (2007); accord United States v. Jones, 531 F.3d 163, 170 (2d Cir. 2008).

Indeed, a trial court’s familiarity with a defendant and its ability to see the full picture behind a

conviction is one of its greatest assets at sentencing. Jones, 531 F.3d at 170-71, 171 n.4.

While Adam has been demonized publicly since his arrest, his actual life story presents a

much more complicated story. There is no question that Adam has had enormous opportunities

provided to him; some of which he wasted. But he also has faced significant challenges in his life;

beginning with his adoption at birth and the challenges arising from his parents’ divorce; an abusive

stepfather; and a life-long struggle with emotional difficulties and substance abuse. A friend of the

Skelos family, who is a licensed social worker and substance and alcohol abuse counselor, writes:

“It is my impression that Adam is and has been a troubled person, and can use help in achieving a

responsible lifestyle, which would include self-reliance and independence.” (Letter of Arthur

Rosenthal, Ex. 3). Facing challenges in one’s life does not excuse criminal behavior, but it does

help explain it. Adam has “demons and personal issues” that will take time and work to overcome,

but he is dedicated to addressing these weaknesses. (Ann Marie Skelos Letter). We respectfully


- 12 - March 23, 2016 ask the Court to consider these factors in determining the appropriate sentence for Adam.7

It is also clear that Adam’s arrest, trial, and conviction have had a profound and lasting

impact on him. Adam lost everything and has brought shame to his family. His marriage has fallen

apart and other family relationships have been strained to the breaking point. He has been publicly

humiliated and has had his worst traits broadcast on an almost daily basis. Worst of all, he struggles

daily with the knowledge that his behavior led to the downfall of a man he admires more than

anyone in this world. We respectfully submit that a sentence that allows Adam to redress the

wrongs he has caused, while at the same time permitting him to care for his children and get his life

in order is the most appropriate here.8

Finally, a term of imprisonment is unnecessary in this case to ensure deterrence or prevent

recidivism. In terms of deterrence, we recognize that the Court must consider both specific and

general deterrence in sentencing. However, there can be no doubt that the government’s

prosecution of this case and others has sent a clear message of deterrence to elected officials

throughout New York State. We respectfully submit that no person would want to endure the loss

and humiliation suffered by the Skeloses during the past year. The likelihood of recidivism is non-

7 Adam’s inability to control his anger has been a significant problem throughout his life and, in many ways, created the environment that led to the conduct here. Ann Marie Skelos explains in her letter that, “Adam is not an easy person to understand and behind his at times tough exterior, he is a lost and damaged soul.” (Ann Marie Skelos Letter). She further explains that, “[t]he trial showed [Adam] that he has a dark side that he is not proud of. Give him a chance to grow and change not just for him but for his two boys.” (Id.) 8 While each case is different, it is worth noting that Maureen McDonnell, the wife of former Virginia governor, Bob McDonnell, was sentenced to 12 months and one day imprisonment following a conviction on eight counts of public corruption related charges.


- 13 - March 23, 2016 existent under these circumstances since neither Adam nor his father has any prior convictions and

Dean’s career in public life is over.

We respectfully ask that this Court consider the compelling reasons for mercy in this case.

A non-custodial sentence, which includes substantial community service and counseling, is

sufficient to satisfy the purposes of sentencing and could give Adam the opportunity he needs to

support his children and continue to transform his life. As set forth above, a sentence of substantial

community service will also allow Adam to repay the community whose trust he violated with his

actions.

III. CONCLUSION

Adam is a young man with the potential and the desire to change his life for the better. He

has paid deeply already as a result of this arrest and conviction, and we respectfully request that the

Court show mercy and impose the most lenient sentence possible to meet the factors under Section

3553.

Respectfully submitted,

Christopher P. Conniff


Exhibit List

Letter of Ann Marie Skelos ............................................................................................... Ex. 1

Letter of Christopher Nisivoccia ........................................................................................ Ex. 2

Letter of Arthur Rosenthal ................................................................................................. Ex. 3

Letter of Nancy Moffitt Skelos Duka ................................................................................. Ex. 4

Letter of Jana Rashkin ....................................................................................................... Ex. 5

Letter of Michael McGinty ................................................................................................ Ex. 6

Letter of Shari Orinstein .................................................................................................... Ex. 7

Letter of Robert Weiland ................................................................................................... Ex. 8

Letter of Nettie Cassidy ..................................................................................................... Ex. 9

Letter of Deborah Avondet-Aue ........................................................................................ Ex. 10

Letter of Denise Coyle-DeVita ......................................................................................... Ex. 11

Letter of Maryanne Creegan .............................................................................................. Ex. 12

Letter of Robert Malito ...................................................................................................... Ex. 13

Letter of Timothy Murphy ................................................................................................. Ex. 14

Letter of Barbara Hancock ................................................................................................. Ex. 15

Letter of Sean and RoseAnne Strife ................................................................................... Ex. 16

Letter of Joseph Brunetta ................................................................................................... Ex. 17

Letter of Thomas Moffitt ................................................................................................... Ex. 18

Letter of Patricia Lattimer.................................................................................................. Ex. 19

Letter of John Hennessey ................................................................................................... Ex. 20


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