A federal judge has delayed the sentencing of former Nassau County Executive Edward Mangano on corruption charges for three months until March, according to court filings.
Mangano’s sentencing had been scheduled for Wednesday, but a federal judge late last week rescheduled the sentencing for March 19 at the request of Mangano’s defense attorney, Kevin Keating of Garden City. Federal prosecutors had no objection to the delay, according to court papers.
Keating’s request for the additional time apparently reflects a concern that the federal probation department could recommend a lengthy prison sentence, and he would like extra time to respond to the recommendation.
Mangano was convicted in March of conspiracy to commit federal program bribery, federal program bribery, conspiracy to commit honest services wire fraud, and conspiracy to obstruct justice as part of a scheme to help former restaurateur Harendra Singh get $20 million in indirect loan guarantees from the Town of Oyster Bay.
In a letter to the judge, Keating asked last week for the extra time after receiving the federal Probation Department’s pre-sentence report, which usually contains a calculation of the sentence a defendant could receive under the federal sentencing guidelines. The pre-sentence report is not public.
“Upon my initial review, I anticipate that significant objections will be filed with the Probation Department concerning the report,” Keating wrote to Azrack. "Once probation issues its addendum, we anticipate the filing of lengthy submission to the court.”
Keating also cited a scheduling conflict: The attorney said he has an unrelated three-week trial scheduled for January.
Usually, the probation department’s recommendation involves a two-stage process: the pre-sentence report calculates the theoretical sentence under the guidelines. That is followed by an addendum, with the probation department’s actual sentencing recommendation.
A judge doesn’t have to follow the probation department’s recommendation but often closely adheres to it.
In the Mangano case, the sentencing guidelines include calculations for the amount of money that is involved in a crime, and $20 million could theoretically call for hundreds of months in jail.
In return for helping Singh get the loan, prosecutors said, Mangano got bribes from the restaurateur that included a $450,000 “no-show” job for his wife Linda Mangano, free meals and vacations, two luxury chairs, flooring for the couple’s bedroom, and a $7,300 watch for one of their sons.
Linda Mangano, who stood trial and retrial along with her husband — was convicted of conspiracy to obstruct justice, obstruction of justice, and two counts of lying to the FBI. She theoretically faces two to three years under the sentencing guidelines.
John Carman, her attorney, did not return calls asking whether he will ask for the same delay in sentencing, which had also been scheduled for Wednesday. But it would not be unusual for co-defendants — particularly relatives — to request to be sentenced at the same time.
A spokesman for the U.S. attorney’s office for the Eastern District, John Marzulli, declined to comment on the adjournment.