UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORK----------------------------------------------------------X
UNITED STATES OF AMERICA :
-v.- : S1 10 Cr. 87 (DAB)
LARRY SEABROOK, :
Defendant. :
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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
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