Larry Seabrook Trial Brief

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK----------------------------------------------------------X

UNITED STATES OF AMERICA :

-v.- : S1 10 Cr. 87 (DAB)

LARRY SEABROOK, :

Defendant. :

---------------------------------------------------------X

TRIAL BRIEF

PREET BHARARAUnited States Attorney for theSouthern District of New YorkOne St. Andrew’s PlazaNew York, New York 10007

Karl MetznerSteve C. LeeRandall W. JacksonAssistant United States Attorneys

-Of Counsel-

Case 1:10-cr-00087-DAB Document 82 Filed 06/29/12 Page 1 of 6

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK----------------------------------------------------------X

UNITED STATES OF AMERICA :

-v.- : S1 10 Cr. 87 (DAB)

LARRY SEABROOK, :

Defendant. :

---------------------------------------------------------X

TRIAL BRIEF

The Government respectfully submits this Trial Brief to detail the evidence

supporting the conclusion that defendant Larry Seabrook received a $4,000 kickback

from a vendor that had been paid from the discretionary funds contracts that are at issue

in Counts Four, Five, and Six of the Superseding Indictment. The documents supporting

the Government’s argument are attached hereto as an exhibit.

I. The Evidence

Evidence admitted at trial has established the following:

● The African American Unity Day Parade is an entity associated with Councilman

Seabrook that, during the time period charged in the indictment, advanced funds to

pay expenses of nonprofit entities including the African American Legal and Civic

Hall of Fame, Inc. (See, e.g., Tr. 475-76 (testimony of Philesha Jude)).

● On July 12, 2005, African American Unity Day Parade issued a check to Black &

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Gold Productions in the amount of $3,500. (GX 941).

● On August 12, 2005, African American Unity Day Parade issued another check to

Black & Gold Productions, this time in the amount of $4,200. (GX 941).

● On September 27, 2005, Black & Gold Productions issued a check to Larry

Seabrook in the amount of $3,000, which Councilman Seabrook deposited into his

personal account. (GX 947).

● On November 11, 2005, Black & Gold Productions issued a check to Larry

Seabrook in the amount of $1,000, which Councilman Seabrook deposited into his

personal account. (GX 947).

● On June 15, 2006, African American Legal & Civic Hall of Fame submitted a

request under DYCD Contract 18540D for reimbursement for two Black & Gold

Productions expenses, $3,500 on July 5, 2005, and $4,200 on August 3, 2005.

(GX 268).

● On October 4, 2006, African American Legal & Civic Hall of Fame issued a check

to African American Bronx Parade & Festival, Inc. in the amount of $33,044.55.

(GX 945). A memorandum from the Unity Day Parade identified the two

payments to Black & Gold Productions in July and August of 2005 as bridge loans

made to and to be repaid by the Hall of Fame.1

1 The Unity Day Parade memorandum has not yet been offered as an exhibit attrial, but the Government expects that it could be authenticated and offered throughupcoming Government witness William Low.

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A careful review of Councilman Seabrook’s bank records reveals no

disbursements by Councilman Seabrook in the several months before or after he received

the $4,000 from Black & Gold Productions that could be considered either advancements

of such funds or the passing along of those funds to another entity.

II. Conclusion

The net result of these transactions was that the African American Legal and Civic

Hall of Fame — an entity that, according to trial testimony, received all of its operating

funds from contracts with New York City agencies — paid Black & Gold Productions

$7,700, and that Black & Gold Productions paid Larry Seabrook $4,000 a few months

later. Black & Gold Productions is a commercial vendor that has no apparent personal

connection to the defendant. As a result, unlike with respect to Councilman Seabrook’s

family members, any suggestion that these payments reflect personal affection or

generosity cannot apply. The reasonable conclusion from these records is that

Councilman Seabrook received a cash kickback from a city vendor, thereby personally

enriching himself using the discretionary funds contracts that he directed to the Hall of

Fame and that are the subject of Counts Four, Five, and Six of the superseding

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indictment. The Government respectfully submits that this evidence supports that

conclusion, and that the Government should be permitted to ask the jury to so find.

Dated: New York, New YorkJune 29, 2012

Respectfully submitted,

/s/ Karl MetznerSteve C. LeeRandall W. JacksonAssistant United States AttorneysTel.: (212) 637-2476/2314/1029

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Certificate of Service Filed Electronically

The undersigned attorney, duly authorized to represent the United States before thisCourt, hereby certifies that on the below date, he served or caused to be served thefollowing documents in the manner indicated:

Government’s Trial Brief - June 29, 2012

Service via Clerk’s Notice of Electronic Filing upon the following attorneys, who areFiling Users in this case:

Anthony L. Ricco, Esq.20 Vesey Street New York, New York 10007 Tel.: (212) 791-3919 Fax: (212) 791-3940 Email: [email protected]

Edward D. Wilford, Esq. 20 Vesey Street New York, New York 10007 Tel.: (212) 528-2741 Fax: (212) 964-2926 Email: [email protected]

Dated: New York, New York June 29, 2012

Respectfully submitted,

/s/ Karl Metzner/Steve Lee/Randall JacksonAssistant United States Attorneys


Case 1:10-cr-00087-DAB Document 82-1 Filed 06/29/12 Page 1 of 8













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Larry Seabrook Trial Brief