Suffolk County Grand Jury Indictment

SUPREME COURT : STATE OF NEW YORK
COUNTY OF SUFFOLK
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THE GOVERNMENT OF THE STATE OF NEW YORK,

-against-

WAYNE PROSPECT, Defendant

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Indictment No. 2153-04

September 21, 2004

COUNT ONE: BRIBE RECEIVING IN THE SECOND DEGREE DN

COUNT TWO: BRIBERY IN THE SECOND DEGREE DN

COUNT THREE: COERCION IN THE FIRST DEGREE DN

COUNT FOUR: CONSPIRACY IN THE FOURTH DEGREE

The Grand Jury of Suffolk County, accuses the defendant, WAYNE PROSPECT, of the crime of BRIBE RECEIVING IN THE SECOND DEGREE, a class C felony, in violation of Section 200.11 of the Penal Law of the State of New York, committed as follows:

The said defendant, WAYNE PROSPECT, aiding, abetting, and acting in concert with STEPHEN BARANELLO, a public servant, on or about and between October 1, 2003 and April 21, 2004 in Suffolk County, New York, solicited, accepted, or agreed to accept United States currency in excess of ten thousand dollars from another person upon an agreement or understanding that STEPHEN BARANELLO'S vote, opinion, judgment, action, decision or exercise of discretion as a public servant would thereby be influenced

COUNT TWO The Grand Jury of Suffolk County, accuses the defendant, WAYNE PROSPECT, of the crime of BRIBERY IN THE SECOND DEGREE, a class C felony, in violation of Section 200.03 of the Penal Law of the State of New York, committed as follows:

The said defendant, WAYNE PROSPECT, on or about and between November 4, 2003 and April 21, 2004 in Suffolk County, New York, aiding, abetting and acting in concert with STEPHEN BARANELLO, conferred or offered or agreed to confer a benefit upon a high-ranking employee of the Suffolk County Department of Public Works, valued in excess of ten thousand dollars, upon an agreement or understanding that such public servant's vote, opinion, judgment, action, decision, or exercise of discretion as a public servant would thereby be influenced.

COUNT THREE The Grand Jury of Suffolk County, accuses the defendant, WAYNE PROSPECT, of the crime of COERCION IN THE FIRST DEGREE, a class D felony, in violation of Section 135.65(2)(C) of the Penal Law of the State of New York, committed as follows:

The said defendant, WAYNE PROSPECT, on or about and between November 4, 2003 and April 21, 2004 in Suffolk County, New York, aiding, abetting and acting in concert with STEPHEN BARANELLO, compelled and induced a high-ranking employee of the Suffolk County Department of Public Works to engage in conduct which said person had a legal right to abstain from engaging in, by means of instilling in said person a fear that if the demand was not complied with, the actor or another would perform an act which would not in itself materially benefit the actor but which was calculated to harm such other person materially with respect to said person's health, business, calling, career, or financial condition, and did thereby induce and compel said person to violate their duty as a public servant.

COUNT FOUR The Grand Jury of Suffolk County, accuse the defendant, WAYNE PROSPECT, of the crime of CONSPIRACY IN THE FOURTH DEGREE, in violation of Section 105.10 (1) of the Penal Law of the State of New York, committed as follows: The said defendant, WAYNE PROSPECT, on or about and between October 1, 2003 and April 21, 2004 in Suffolk County, New York, aiding, abetting and acting in concert with STEPHEN BARANELLO, with intent that the class C felony of BRIBE RECEIVING IN THE SECOND DEGREE be performed, agreed with STEPHEN BARANELLO to engage in and cause the performance of such conduct.

In furtherance of the conspiracy, and aiding in the commission thereof, the following overt acts are alleged, each of which occurred in Suffolk County:

1) On or about October 30, 2003 WAYNE PROSPECT engaged in a telephone conversation with an undercover Suffolk County Detective posing as a contractor, wherein PROSPECT offered to provide information regarding Suffolk County contracts in exchange for cash payments.
2) On or about October 30, 2003, during a telephone conversation WAYNE PROSPECT and the undercover Suffolk County Detective posing as a contractor, planned a lunch meeting for October 31, 2003, between WAYNE PROSPECT, STEPHEN BARANELLO, and the contractor.
3) On or about October 30, 2003 during a telephone conversation with the undercover Suffolk County Detective posing as a contractor, WAYNE PROSPECT solicited a cash payment of ten thousand dollars to be divided between WAYNE PROSPECT and STEPHEN BARANELLO.
4) On or about October 31, 2003 WAYNE PROSPECT and STEPHEN BARANELLO during a three-way telephone conversation with the undercover detective, planned and confirmed a luncheon meeting with the undercover Suffolk County Detective posing as a contractor.
5) On or about October 31, 2003 WAYNE PROSPECT and STEPHEN BARANELLO each traveled separately to a restaurant in Commack, Suffolk County, to meet the undercover detective posing as a contractor.
6) On or about October 31, 2003 during a luncheon meeting WAYNE PROSPECT and STEPHEN BARANELLO met with an undercover detective and solicited United States currency and a campaign contribution.
7) On or about November 25, 2003 WAYNE PROSPECT traveled to a location in Suffolk County to meet with the undercover detective. .
8) On or about November 25, 2003 WAYNE PROSPECT met with and provided a Suffolk County Department of Public Works document to the undercover detective regarding heavy equipment contractors doing business in Suffolk County.
9) On or about December 1, 2003 during a telephone conversation, WAYNE PROSPECT solicited a five thousand dollar cash payment from the undercover detective, and indicated an unwillingness to meet as previously planned, in the absence of payment.
10) On or about December 1, 2003 during a telephone conversation, STEPHEN BARANELLO plans and confirms a dinner meeting with the undercover detective and WAYNE PROSPECT for December 3, 2003, and instructed the detective to cut in half the amount that was requested by PROSPECT.
11) On or about December 2, 2003 during a telephone conversation, WAYNE PROSPECT plans and confirms a dinner meeting with the undercover detective and STEPHEN BARANELLO for December 3, 2003.
12) On or about December 3, 2003 during a telephone conversation, STEPHEN BARANELLO plans and confirms a dinner meeting with the undercover detective and WAYNE PROSPECT for December 3, 2003. BARANELLO explains the roles he and PROSPECT play, and payments.
13) On or about December 3, 2003 WAYNE PROSPECT and STEPHEN BARANELLO each traveled separately to a dinner meeting at a restaurant in Hauppauge, Suffolk County, and met with an undercover Suffolk County Detective.
14) On or about December 3, 2003 WAYNE PROSPECT and STEPHEN BARANELLO accepted and received United States currency from the undercover Suffolk County detective at a dinner meeting in a restaurant in Hauppauge, Suffolk County.
15) On or about December 9, 2003 during a telephone conversation, STEPHEN BARANELLO and the undercover detective discuss the payment of United States currency that took place on December 3, 2003, and the role WAYNE PROSPECT will play in providing information.
16) On or about December 10, 2003 during a telephone conversation, WAYNE PROSPECT and the undercover detective discussed the payment of United States currency that took place or December 3, 2003, more frequent payments, and a need to resolve the issues related to the amount of the December 3, 2003 payment.
17) On or about December 10, 2003 during a telephone conversation, STEPHEN BARANELLO and the undercover detective discuss providing information, and the different roles that BARANELLO and PROSPECT will play in the scheme.
18) On or about December 10, 2003, in a telephone conversation, WAYNE PROSPECT and the undercover detective discuss resolving the issue relating to the payment of United States currency that took place on December 3, 2003. WAYNE PROSPECT explains to the undercover detective the methods he will employ to procure business for the undercover detective through the RFP (Requests For Proposals) process, including meeting with high ranking officials of the Suffolk County Department of Public Works, preserving the employment of a certain member of that department during the transition under the new County Executive, and that he will get access to information through other methods if necessary.
19) On or about December 16, 2003 during a telephone conversation, STEPHEN BARANELLO and the undercover detective discuss a campaign contribution and a fundraiser being held on December 18, 2003.
20) On or about December 18, 2003 during a telephone conversation, STEPHEN BARANELLO and the undercover detective make an arrangement for the undercover detective to deliver a check for fourteen hundred dollars for a fundraiser being held that evening to STEPHEN BARANELLO outside the Suffolk OTB offices located at 5 Davids Drive Hauppauge, Suffolk County, New York.
21) On or about December 18, 2003 during a meeting with the undercover detective, STEPHEN BARANELLO received a fourteen hundred dollar check for a fundraiser being held that evening outside the Suffolk OTB offices located at 5 Davids Drive Hauppauge, Suffolk County, New York.
22) On or about January 14, 2004 during a telephone conversation, STEPHEN BARANELLO and WAYNE PROSPECT discuss receiving a document from a high ranking employee of the Suffolk County Department of Public Works and providing that document to the undercover detective at their next meeting. WAYNE PROSPECT and STEPHEN BARANELLO plan to have BARANELLO meet with the County Executive and discuss WAYNE PROSPECT'S access to information regarding contracts in Suffolk County.
23) On or about January 20, 2004 during a telephone conversation, STEPHEN BARANELLO assures WAYNE PROSPECT that he will meet in person with the Suffolk County Executive, and acknowledges the necessity to do so before any contracts in the Suffolk County Department of Public Works are reauthorized or renewed.
24) On or about January 23, 2004 during a telephone conversation, STEPHEN BARANELLO assures the undercover detective that efforts to get key people in key places have been made, and to be patient and trust him because they will be able to do some things. STEPHEN BARANELLO assures the undercover detective that he has had discussions with WAYNE PROSPECT, and BARANELLO is in the process of working out access for PROSPECT. BARANELLO and the undercover detective discuss information that PROSPECT may have obtained, and make plans to meet in the next week. BARANELLO reiterates his commitment to the undercover detective and tells the undercover detective he is making efforts to get PROSPECT a "calling card" to gain access to Suffolk County information.
25) On or about January 27, 2004 during a telephone conversation, STEPHEN BARANELLO and WAYNE PROSPECT discuss the need to meet with the Suffolk County Executive before the Suffolk County Department of Public Works awards any contracts under the new administration.
26) On or about January 30, 2004 WAYNE PROSPECT leaves a message on the undercover detective's cellular telephone indicating a desire to meet on January 30, 2004 with STEPHEN BARANELLO and the undercover detective.
27) On or about January 30, 2004 during a telephone conversation WAYNE PROSPECT and the undercover detective discuss that the plan is in progress for PROSPECT to obtain access to Suffolk County information that he will later provide to the undercover detective. PROSPECT proposes and agrees to meet with the undercover detective on Friday, February 6, 2004.
28) On or about January 30, 2004 during a telephone conversation WAYNE PROSPECT and STEPHEN BARANELLO discuss meeting the undercover detective on Friday February 6, 2004.
29) On or about February 3, 2004 during a telephone conversation, WAYNE PROSPECT agrees to fax a document to STEPHEN BARANELLO regarding what BARANELLO should discuss with the Suffolk County Executive, in order to provide PROSPECT with access to Suffolk County government information.
30) On or about February 4, 2004, during a telephone conversation STEPHEN BARANELLO and WAYNE PROSPECT discuss the necessity of meeting with the Suffolk County Executive before their next meeting with the undercover detective that is scheduled for February 6, 2004. 3 1) On or about February 6, 2004, during a telephone conversation, STEPHEN BARANELLO and WAYNE PROSPECT discuss the fact that they have not met with the Suffolk County Executive before their scheduled meeting with the undercover detective for that evening. BARANELLO and PROSPECT agree to speak later in the day to determine how they will deal with the undercover detective and the meeting that is scheduled for that evening.
32) On or about February 6, 2004, during a telephone conversation, WAYNE PROSPECT explains to the undercover detective that the meeting with the Suffolk County Executive has not taken place as anticipated. PROSPECT tells the detective that there is a meeting between BARANELLO, PROSPECT and the Suffolk County Executive scheduled for Sunday, February 8, 2004. PROSPECT tells the undercover detective he will speak to him after Sunday February 8, 2004, in order to reschedule their meeting. PROSPECT tells the detective that he knows what to do once he gets access to the Suffolk County government information, and explains that this is a two step process and he needs BARANELLO'S help to get the approval of the Suffolk County Executive.
33) On or about February 9, 2004, during a telephone conversation, WAYNE PROSPECT told the undercover detective that the meeting between BARANELLO, himself and the Suffolk County Executive did not take place on February 8, 2004. PROSPECT tells the undercover detective that once the meeting with the Suffolk County Executive takes place he can go to work and try and make something happen.
34) On or about February 13, 2004, during a telephone conversation, WAYNE PROSPECT complains to STEPHEN BARANELLO that another week has gone by without a meeting with the Suffolk County Executive taking place. STEPHEN BARANELLO assures PROSPECT that he has had discussions about what he wants to accomplish, and that he knows what to do, and he is going to make it happen. When PROSPECT asks when the meeting will take place, BARANELLO tells him that he hasn't made it happen yet.
35) On or about February 24, 2004, during a telephone conversation, STEPHEN BARANELLO and WAYNE PROSPECT discuss meeting with the undercover detective and the Suffolk County Executive. BARANELLO asks PROSPECT about the management of the Suffolk County Department of Public Works and asks PROSPECT to make contact there to determine if any contracts are being given out. BARANELLO and PROSPECT discuss various opportunities that are out there.
36) On or about March 2, 2004 during a telephone conversation WAYNE PROSPECT and the undercover detective discuss their contacts and plans with STEPHEN BARANELLO.
37) On or about March 2, 2004 during a telephone conversation STEPHEN BARANELLO and the undercover detective discuss a planned meeting for the end of that week with WAYNE PROSPECT.
38) On or about March 2, 2004 during a telephone conversation STEPHEN BARANELLO and the undercover detective discuss WAYNE PROSPECT and BARANELLO assures the undercover detective that WAYNE PROSPECT knows what he has to do.
39) On or about March 3, 2004 during a telephone conversation STEPHEN BARANELLO tells the undercover detective to trust him and that he has not forgotten what he needs to do. BARANELLO also discusses speaking with WAYNE PROSPECT to determine if PROSPECT has made calls to a friend to get some momentum going, and promises to call the undercover detective back within a short period of time to report on what progress WAYNE PROSPECT has made.
40) On or about March 3, 2004 during a telephone conversation WAYNE PROSPECT tells the undercover detective that he needs STEPHEN BARANELLO to do something very specific with the Suffolk County Executive so that he can get access to Suffolk County government. PROSPECT describes the need for a "calling card" to get the desired access. WAYNE PROSPECT agrees that he will reach out to a high-ranking employee of the Suffolk County Department of Public Works to find out if contracts are being awarded. PROSPECT also explains that all of the pieces are in place but there has been no meeting with the Suffolk County Executive.
41) On or about March 3, 2004 during a telephone conversation WAYNE PROSPECT requested information from a high ranking member of the Suffolk County Department of Public Works about what contracts have been. executed by the Department for various items, and what contracts are contemplated over the next six months for the same items.
42) On or about March 3, 2004 during a telephone conversation WAYNE PROSPECT and STEPHEN BARANELLO discuss the progress that has been made getting together with the undercover detective and the Suffolk County Executive. BARANELLO and PROSPECT also discuss the information PROSPECT requested from the Suffolk County Department of Public Works, and whether or not contracts have been awarded.
43) On or about March 4, 2004 during a telephone conversation WAYNE PROSPECT and STEPHEN BARANELLO discuss the information PROSPECT requested from a high ranking member of the Suffolk County Department of Public Works. WAYNE PROSPECT proposes a luncheon meeting between the employee of the Department of Public Works and BARANELLO and PROSPECT.
44) On or about March 9, 2004 during a telephone conversation WAYNE PROSPECT and the undercover detective discuss the proposed meeting between BARANELLO, PROSPECT, and the high-ranking member of the Suffolk County Department of Public Works. PROSPECT and the undercover detective agree to meet after the luncheon meeting with the Department of Public Works employee, to determine what progress has been made. PROSPECT also describes that he has received other documents from the Department of Public Works employee that he will share with the undercover detective.
45) On or about March 15, 2004 during a telephone conversation WAYNE PROSPECT and a high-ranking member of the Suffolk County Department of Public Works discuss scheduling a luncheon meeting. PROSPECT and the Suffolk County Department of Public Works employee make plans to meet with STEPHEN BARANELLO that night at a fundraising event being held in Holbrook, Suffolk County, New York.
46) On or about March 19, 2004 during a telephone conversation WAYNE PROSPECT and the undercover detective discuss the upcoming meeting with the high-ranking employee of the Suffolk County Department of Public Works. PROSPECT and the undercover detective also discuss meeting with BARANELLO on Wednesday March 24, 2004 for dinner. PROSPECT and the undercover detective discuss the high-ranking employee of the Suffolk County Department of Public Works, and the reason for the meeting with BARANELLO and PROSPECT.
47) On or about March 19, 2004 during a telephone conversation WAYNE PROSPECT and STEPHEN BARANELLO discuss meeting for lunch Wednesday, March 24, 2004 with the high-ranking member of the Suffolk County Department of Public Works. PROSPECT and BARANELLO also discuss meeting the undercover detective for dinner on Wednesday, March 24, 2004.
48) On or about March 19, 2004 during a telephone conversation WAYNE PROSPECT and STEPHEN BARANELLO discuss meeting for lunch on Thursday, March 25, 2004 with the high-ranking member of the Suffolk County Department of Public Works. PROSPECT and BARANELLO also discuss the past payment by the undercover detective.
49) On or about March 25, 2004 WAYNE PROSPECT and STEPHEN BARANELLO traveled to a restaurant in Hauppauge, Suffolk County and met for lunch with a high-ranking employee of the Suffolk County Department of Public Works.
50) On or about March 25, 2004 WAYNE PROSPECT and STEPHEN BARANELLO accepted and received Suffolk County Department of Public Works documents from the high-ranking employee of the Suffolk County Department of Public Works, during a luncheon meeting in a restaurant in Hauppauge, Suffolk County.
51) On or about March 30, 2004 during a telephone conversation, WAYNE PROSPECT and STEPHEN BARANELLO discussed meeting the undercover detective on Thursday, April 1, 2004.
52) On or about March 31, 2004 during a telephone conversation, WAYNE PROSPECT and STEPHEN BARANELLO discuss meeting the undercover detective on April l, 2004. PROSPECT tells BARANELLO that he has made copies of the documents provided by the high ranking Suffolk County Department of Public Works employee for BARANELLO and the undercover detective.
53) On or about April 1, 2004 during a telephone conversation WAYNE PROSPECT and STEPHEN BARANELLO discuss providing the undercover Suffolk County detective with documents obtained from the high-ranking employee of the Suffolk County Department of Public Works. BARANELLO and PROSPECT also discussed resuming their demands for payment.
54) On or about April 1, 2004 during a telephone conversation WAYNE PROSPECT and STEPHEN BARANELLO discuss providing the undercover Suffolk County detective with documents obtained from the high-ranking employee of the Suffolk County Department of Public Works. BARANELLO informs PROSPECT that he cannot attend the dinner meeting that evening. BARANELLO and PROSPECT also discuss meeting with the Suffolk County Executive.
55) On or about April 1, 2004 WAYNE PROSPECT traveled to a restaurant in Commack, Suffolk County, to meet with an undercover detective.
56) On or about April 1, 2004 WAYNE PROSPECT did provide Suffolk County Department of Public Works documents obtained from a high-ranking employee of the Suffolk County Department of Public Works to the undercover detective.
57) On or about April 1, 2004 WAYNE PROSPECT did solicit United States currency from the undercover detective to obtain Suffolk County contracts.
58) On or about April 3, 2004 during a telephone conversation WAYNE PROSPECT and STEPHEN BARANELLO discuss PROSPECT providing the undercover detective with documents obtained from the high-ranking employee of the Suffolk County Department of Public Works during the April 1, 2004 dinner meeting. WAYNE PROSPECT tells BARANELLO that during the April 1, 2004 dinner meeting he requested payments from the undercover detective in the amount of five thousand dollars per month and twenty percent of the gross contract amount.
59) On or about April 7, 2004 during a telephone conversation, WAYNE PROSPECT and the undercover detective discuss meeting on Thursday April 15, 2004. PROSPECT tells the undercover detective that he has spoken to the high ranking employee of the Suffolk County Department of Public Works, who has informed him that no contracts have been executed unless the documents that were previously provided on April 1, 2004 indicate otherwise.
60) On or about April 14, 2004 during a telephone conversation, WAYNE PROSPECT and the undercover detective discuss meeting on Wednesday April 21, 2004 at a restaurant in Commack, Suffolk County. PROSPECT tells the undercover detective to try and reach out to BARANELLO.
61) On or about April 19, 2004 during a telephone conversation, WAYNE PROSPECT and the undercover detective discussed meeting Wednesday April 21, 2004 at a restaurant in Hauppauge, Suffolk County, New York. PROSPECT tells the undercover detective that he has not spoken to BARANELLO. PROSPECT asks the undercover detective if he is ready to "pull the trigger" on their previous discussions, and requests two separate payments.
62) On or about April 20, 2004 during a telephone conversation, WAYNE PROSPECT and the undercover detective discuss meeting Wednesday morning April 21, 2004 at a restaurant in Hauppauge, Suffolk County, New York. PROSPECT tells the undercover detective that he has not spoken to BARANELLO. PROSPECT asks the detective if he is ready to get "back on track", and asks what company name the undercover detective wants to be on file with at the Suffolk County Department of Public Works. PROSPECT tells the undercover detective that he wants two separate payments, one for himself and one for BARANELLO. The detective and PROSPECT discuss how they will determine the percentage on each contract.
63) On or about April 20, 2004 during a telephone conversation, WAYNE PROSPECT and STEPHEN BARANELLO discuss meeting with the undercover detective on Wednesday morning April 21, 2004 at a restaurant in Hauppauge, Suffolk County, New York. WAYNE PROSPECT tells STEPHEN BARANELLO that the undercover detective will have an envelope for both of them, and they discuss the Suffolk County Department of Public Works documents that were given to the undercover detective by PROSPECT. BARANELLO tells PROSPECT that he will tell the undercover detective that he was not going to "jeopardize" the position of the high ranking employee of the Suffolk County Department of Public Works. BARANELLO cautions PROSPECT to be careful what he says to the undercover detective during the breakfast meeting. PROSPECT tells BARANELLO that he has a copy of "everything" he gave to the undercover detective for BARANELLO. PROSPECT and BARANELLO discuss the nature of the documents PROSPECT has provided to the undercover detective.
64) On or about April 21, 2004 WAYNE PROSPECT and STEPHEN BARANELLO travel separately to a restaurant in Hauppauge, Suffolk County,-to meet with an undercover detective.
65) On or about April 21, 2004 WAYNE PROSPECT and STEPHEN BARANELLO accept ten thousand dollars in United States currency from the undercover Suffolk County Detective at a restaurant in Hauppauge, Suffolk County.
66) On or about and between November 4, 2003 and April 21, 2004, WAYNE PROSPECT and STEPHEN BARANELLO pressured the high-ranking employee of the Suffolk County Department of Public Works to provide internal documents and information regarding Suffolk County bids and Requests For Proposals (RFP's), in return for assisting that person to maintain employment with the Suffolk County Department of Public Works.