Ex-Nassau County Executive Edward Mangano asks to judge let him stay out of prison while he appeals conviction, court papers say

Former Nassau County Executive Edward Mangano wants the judge who recently sentenced him to 12 years in federal prison to let him stay free on bond while he appeals his corruption conviction — instead of starting his incarceration next month.

Defense attorney Kevin Keating filed a motion for bail pending appeal that argues the former elected official isn’t a flight risk or danger to the community. He also said there are substantial legal arguments that would lead to a new trial if those arguments prevail.

“The narrowness of the jury’s verdict, together with the changing law, has resulted in a perfect storm of legal issues,” Keating wrote in the court filing.

The Garden City lawyer also said Mangano is a lifelong Bethpage resident with deep ties to the community. He argued that the former Republican leader already surrendered his passport and “scrupulously complied with all of the conditions of his release over the course of six years and two trials” while free on a $500,000 bond.

It’s expected federal prosecutors will respond to the motion before U.S. District Judge Joan Azrack renders a decision. A spokesman for the Eastern District U.S. Attorney’s Office declined to comment Friday, as did Keating.

Attorney John Carman, who represents Mangano’s wife, former Nassau County first lady Linda Mangano, said Friday that he plans to file a similar motion on her behalf next week.

On April 14, Azrack sentenced Linda Mangano to 15 months in prison shortly after meting out punishment for the former county executive.

A jury in 2019 convicted the husband and wife in connection with a bribery scheme involving politically connected restaurateur Harendra Singh, a longtime family friend.

Edward Mangano, 60, is due to surrender to federal prison officials June 13. Linda Mangano, 59, is due to turn herself in June 27.

Their attorneys filed paperwork after their sentencings indicating both would appeal their convictions and sentences.

A jury found Edward Mangano guilty of conspiracy to commit federal program bribery, federal program bribery, conspiracy to commit honest services wire fraud, honest services wire fraud and conspiracy to obstruct justice.

The panel convicted Linda Mangano of conspiracy to obstruct justice, obstruction of justice and two counts of lying to the FBI.

Both maintain their innocence and spoke passionately at their sentencings.

The former county executive told Azrack he didn’t have criminal intent and felt like he was “taking the fall” for the crimes of former Town of Oyster Bay officials who became prosecution witnesses.

The jury found Edward Mangano used his influence as a newly minted county executive to sway town officials into indirectly backing what amounted to $20 million in loans for Singh after an outside lawyer for the town said such a transaction was illegal.

Prosecutors presented evidence Singh bribed Edward Mangano with a $454,000 “no-show” job for Linda in his restaurant empire, free meals and vacations, two luxury chairs, hardwood flooring for the couple’s bedroom and a $7,300 wristwatch for one of their sons.

Evidence showed Singh put Linda Mangano on his payroll in April 2010 before Oyster Bay officials that June voted to authorize backing of loans for Singh to fund capital improvements at a town golf course catering hall in Woodbury and at Tobay Beach, where he ran concessions.

The jury found the Manganos conspired to obstruct a grand jury probe by scheming with Singh to fabricate examples of work Linda never did, before she lied to federal officials about the work she claimed to have performed.

But Linda Mangano rejected her portrayal as a lazy food tester and a liar while speaking at her sentencing.

Through tears, she also expressed remorse for what she called her role in this “burden." But she didn’t admit to any wrongdoing while asking to stay out of prison so she could rebuild her life and witness the upcoming birth of her and her husband's first grandchild.

 Edward Mangano told Azrack his administration had been known as one that gave people second chances, while asking for leniency in sentencing for his wife and himself. 

The pending defense motion, which also asks to put off payment of a $20,000 fine the judge levied against Mangano, says the ex-county executive will argue in his appeal that some of his conviction counts were tainted by the prosecution's reliance on a "legally infirm" bribery theory.

Keating, while referring to a 2016 Supreme Court case, wrote that Mangano's actions related to the town appeared to fall short of "official action" under the federal bribery statute.

The defense attorney also wrote that Mangano's appeal, among other arguments, will claim he was improperly convicted of federal program bribery charges in connection with Oyster Bay "insofar as he was not an agent of that political entity."

 It also will argue Mangano's conviction for conspiracy to obstruct justice should be set aside based on lack of evidence and poor jury instructions, according to the defense filing.

The paperwork also shows the appeal will claim prosecutors should have been stopped from putting forth a theory that Mangano conspired with John Venditto "in his commission of acquitted conduct."

A jury in 2018 acquitted Venditto, the now-late longtime Oyster Bay supervisor, of corruption charges. It was a court proceeding that ended in a mistrial for the Manganos before their convictions at a 2019 retrial.