Henry Chlupsa - False Accusation
Chlupsa, Henry ; bribery; NRE: no crime, perjury/false accusation, prosecutor misconduct, withheld exculpatory evidence, misconduct that is not withholding evidence, knowingly permitting perjury, prosecutor lied in court
NRE synopsis (by Maurice Possley):
"In February 2018, a [Manhattan] grand jury indicted 13 people and nine companies on charges of bribery and corrupting a government official in what [DA] Cyrus Vance said were 'three separate schemes involving bribery, business fraud, and political campaign contributions.'
"Among those indicted was then-75-year-old Henry Chlupsa, the former president of D&B Engineers and Architects P.C. The company was also indicted.
"The indictment charged that between 2007 and 2016, Ifeanyi 'Manny' Madu, who was a mid-level manager at the New York City Department of Environmental Protection (DEP), passed confidential information about millions of dollars in city contracts for maintenance work on New York's water system. The indictment accused Chlupsa and the other defendants of using the information -- documents that described the scopes of work, schedules for upcoming contracts, non-public cost estimates, and information about individual contract selection committee members -- so that the companies could get contracts.
"In return, Madu was given 'extravagant meals, gifts, hotel stays, Broadway show tickets, employment opportunities for his relatives, charitable donations to organizations he managed, and -- most significantly -- the award of $7.5 million in subcontracts to companies that were affiliated with Madu,' Vance said in a press release announcing the charges. Those businesses were owned or operated by members of Madu's family or close friends, the indictment charged.
"In October 2019, Chlupsa went to trial...He chose to have his case decided by a judge without a jury. Madu, who pled guilty and cooperated with the prosecution, testified that he provided information to Chlupsa and in return was provided with gifts and other benefits.
"On November 12, 2019...Justice Thomas Farber acquitted Chlupsa of the first-degree charge of corrupting a government official and four counts of first-degree bribery charged in the indictment. Judge Farber convicted Chlupsa of one count of second-degree bribery, three counts of third-degree bribery, and one count of fourth-degree corruption of a government official. Chlupsa was fined $15,000 and placed on probation for five years. In addition, D&B forfeited $2.8 million of which $1.5 million went to the [DA's] Office.
"On January 21, 2020, the lead prosecutor in the case, Diana Florence, submitted her resignation from the [DA's] Office. This followed the public disclosure of a 38-minute audio recording of Madu telling the New York Department of Investigation while he was under oath that he broke no laws [and] did not take gifts, things of value or bribes from contractors."
"On January 24, 2020, Nelson Boxer, attorney for Chlupsa, moved to vacate Chlupsa's convictions based on the failure to disclose the tape prior to Chlupsa's trial, arguing that the tape could have been used to challenge Madu's credibility as a witness."
"Included in [documents subsequently turned over to Boxer] were summaries of interviews with Robert DiGiorgio, a former vice president of D&B Engineers and an important potential defense witness which, Boxer contended, contained 'evidence of a noncorrupt, legitimate business endeavor.' 'By suppressing those statements from a senior D&B executive with extensive DEP interaction and responsibilities, the [prosecution] knowingly and purposefully hid critical. . .evidence that undermined its proof of Mr. Chlupsa's corrupt intent.'"
"One June 2, 2020, Justice Farber vacated Chlupsa's convictions and the case was dismissed."
