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Feds seek at least 235-month sentence for ex-Assemb. William Boyland for bribery, fraud

Brooklyn Assemb. William F. Boyland Jr. leaves Brooklyn

Brooklyn Assemb. William F. Boyland Jr. leaves Brooklyn federal court on March 5, 2014. Credit: Bryan Smith

Federal prosecutors in Brooklyn want former Assemb. William Boyland to get at least 235 months in prison for his bribery and fraud convictions -- more than the total combined corruption sentences of former state senators Carl Kruger, Malcolm Smith and Pedro Espada combined.

Boyland, 44, a Democrat who represented Brownsville from 2003 to March 2014, was convicted last year of two different bribery schemes involving an undercover FBI agent, diverting state funds intended for a nonprofit into his political campaign, and claiming more than $70,000 in phony mileage and per diem expenses.

The government, in its sentencing memorandum filed late Thursday, told U.S. District Judge Sandra Townes she should impose a prison term in the range recommended by federal sentencing guidelines of 235 to 293 months -- roughly 20 to 24 years. Boyland has requested a sentence "substantially below" the guidelines.

Espada was sentenced to 5 years after being convicted of looting a nonprofit health provider in the Bronx. Kruger received 7 years after pleading guilty to a $1 million bribery scheme. Smith got 7 years for a bribery plot to win a spot in the New York City Republican mayoral primary.

But prosecutors said those sentences weren't comparable because Boyland -- unlike, for example, Kruger -- went to trial instead of pleading guilty, and because his multiple criminal schemes and 21 felony convictions pushed his guideline range higher than other recently convicted politicians.

They also said he committed some of the crimes while facing charges in a separate case in federal court in Manhattan that ended in his acquittal, improperly communicated with a witness during his Brooklyn trial, and drove to court with a suspended license in a car with a suspended registration.

"Simply put," they told the judge, "the defendant, a former lawmaker, is an individual who lacks any respect for the law."

Townes is scheduled to sentence Boyland on Sept. 11.

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