Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 1 of 31

Fll-[D

1tl srArES rrNrrED E[?r&w^[e{0ffi''t
oF uNITEDSTATES AMERICA u'$''"jry!s

otcz!|tnF#+ff,Fgr3n{1 DISTRICT fi R
?rtr?rrtltf{ug :: : t{ETr 5 ry
;
:

;,-:, r; .lir.,l'jFi:n$,lnrf F =
vIoLArIoNttX : , *,*j = j*r,

v.
JR. BRADDOCK, ROBERT RtrNTAMTN T{OGAN a.k.a. "Bennv" a.k.a. HOGAN, "Benny" BENJAMIN a.k.a. DeVn MOFFA, "Moff'and "Buffalo"
DANIEL MONTEIRO JOSHUANASSI "Paulie" a.k.a. PAUL ROGERS, TIRADO GEORGE

--.

fi (r

: : :
: : : :

l8 U'S.C. 37ffG0nspjpcv); $ (Wire 18U.S.C. 134H34.6"2 u.s.c. gEt3+ry^:+92 (W 8$ of Deprivation Honest Fraud
Services); 2 U.S.C. 441f,18U.S.C' 2 $ $ (Contributions theNameof in Another);

1 8U . S . C .$1 0 0 1 , 2 $ (False Statements)

INDICTMENT SUPERSEDING The GrandJury charges: GENERALALLEGATIONS Indictment: to At all timesrelevant this Superseding Assembly General The Connecticut l. within GeneralAssembly("CGA") was a political sub-division The Connecticut

stategovemment. constitutingthe legislativebranchof Connecticut's the Stateof Connecticut, and the of The CGA was composed two chambers: Houseof Representatives the Senate.The on 8,2012andended May 9,2012, on commenced February session CGA's 2012legislative Roll Your Own SmokeShops 2. operatingin the Roll Your Own ("RYO") smoke shopswere retail businesses

which sold loose smoking tobaccoand cigarette-rolling State of Connecticutand elsewhere, alsooffered tax. RYO smokeshops sales to itemsweresubject Connecticut's materials.These the customers optionof payinga "rental" fee to insertthe loosetobaccoandthe rolling materials

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 2 of 31

into a RYO machine,which was capableof rapidly rolling large quantitiesof cigarettes. Customers did not pay a tax on the RYO cigarettes when rolled by the RyO machines,in contrast cigarettes to purchased over-the-counter. The RYO Litigation 3. In August 2011, the State of Connecticutapplied for an order permanently

enjoiningthe RYO smokeshopsfrom operatingRYO machines, which the Statearguedwere tobacco manufacturing devices underConnecticut (the "RYO Litigation"). Accordingto the law Stateof Connecticut, RYO smokeshopownerswere not complyingwith healthand safety the regulations a specifictax regimegovemingownersand operators tobaccomanufacturing and of devices. 4. On February 24,2012,the Connecticut Superior Courtissued Memorandum a of

Decision in the RYO Litigation. The Court ruled that, subjectto certain restrictions,RYO machineswere not tobaccomanufacturing devices,and that RYO smoke shop ownerscould continue operate to RYO machines without beingsubject the healthand safetyregulations to and tax regimegoverning tobacco manufacturing devices. The RYO Legislation 5. On April 3,2012,the CGA's JointCommittee Finance, on Revenue Bonding and

(the "FinanceCommittee")voted in favor of a "Joint FavorableSubstitute" revisionto Senate Bill 357, an Act Concerning Various Statutes Relatedto the Department of.RevenueServices (the"RYO Legislation"). If enacted, RYO Legislationwould haveeffectivelyovertumed the the Connecticut Superior Court'sruling in the RYO Litigation6y deeming RYO smoke shopowners to be tobaccomanufacturers under Connecticutlaw, a designation that would have subjected RYo smokeshopownersto a substantial licensingfee andtax increase.

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 3 of 31

6.

On May 9, 2012, the CGA's 2012 legislative sessionended. The RyO

Legislation not calledfor a voteby eitherchamber the cGA. was of Relevant Individuals 7. Public Official Number I was a memberof the CGA and a candidate election for

to the United States Houseof Representatives. 8. ROBERT BRADDOCK, JR. ("BRADDOCK") was a residentof Meriden,

Connecticut and the FinanceDirector for Public Official Number I's campaigrfor electionto the United statesHouseof Representatives "campaign committee,'). (the 9. BENJAMIN HOGAN, a.k.a. "Benny" ("HOGAN"), was a resident of

Southington, Connecticut an employee SmokeHouseTobacco,a RyO smokeshopwith and of two locations Waterbury, in Connecticut. 10. DAVID MOFFA, a.k.a."Moff' and "Buffalo" ("MOFFA"), was a resident of

Middlebury,Connecticut the former President the AmericanFederation State,County and of of andMunicipal Employees, Local 387, representing employees the Connecticut of Department of Correction. I l. DANIEL MONTEIRO ("MONTEIRO")was a resident Wolcott,Connecticut of

andan ownerof a company locatedin Waterbury, Connecticut. 12. JOSHUA NASSI ('NASSI") was a residentof Hartford,Connecticut and the

Campaign Manager the Campaign for Committee. 13. PAUL ROGERS,a.k.a."Paulie" ("ROGERS"),was a residentof Watertown,

Connecticut, a co-owner Smoke and of House Tobacco. 14. GEORGETIRADO ("TIRADO") was a residentof Waterbury, Connecticut a and

co-owner Smoke of HouseTobacco.

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 4 of 31

15.

Harry RaymondSoucy,a.k.a."Ray" ("Soucy"),was a residentof Naugatuck,

Connecticut an employee the Stateof Connecticut and of Department Conection. Soucyalso of servedas the Treasurerof AFSCME, Local 387, a labor union representing Department of Correction employees. Soucyhasbeencharged a separate by Information. 16. RYO Owner I had a businessinterest in the RYO smoke shop industry in

Connecticut from August2010throughMarch 2012. 17. LegislativeAide I was a legislativeaide to Public Official Number I in the

official'scapacity a member the CGA. as of 18. campaignAide I wasan employee the campaigncommittee. of The ElectionAct 19. The FederalElection Campaign Act of 1971,as amended, Title 2, United States

Code, Sections431, et seq. ("Election Act"), limited financial influence in the election of candidates federaloffice, including the office of United States for Representative, provided and for public disclosure federalelectioncampaigns: of a. The ElectionAct limited the amountand source moneythat may be contributed of to a federal candidate or that candidate's authorized campaign committee ("contributions"). b. The Election Act prohibited any personfrom making contributionsin the nameof another,including reimbursinga third person,before or after that third person's contribution, as inducement to make that contribution ("reimbursement"), and accepting contributions madeby onepersonin the nameof another, c. TheElection prohibited Act contributions corporate of money.

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 5 of 31

d. In 201I and 2012,the ElectionAct limited convention, primaryand general election campaign contributions $2,500eachfor a total of $7,500, to from any individuals to any onecandidate. 20. The FederalElectionCommission ("FEC") was an agencyand department the of

United States with jurisdiction to enforcethe limits andprohibitionsof the ElectionAct, andto compileandpublicly reportaccurate informationaboutthe source amountof contributions. and 21. The Federal Bureauof Investigation ("FBI") wasan agency department the and of

United States with jurisdictionto enforcethe limits andprohibitions the ElectionAct. of COTINTONE (Conspiracy) 22. The allegations contained in paragraphsI through 2l of this Superseding

Indictmentarerealleged incorporated thoughfully setforth herein. and as 23. Fromin or about November 2011through or aboutMay 2012, the Districtof in in

Connecticutand elsewhere, the defendants BRADDOCK, HOGAN, MOFFA, MONTEIRO, NASSI, ROGERS and TIRADO, together with Soucy, who has been chargedseparately, conspired with othersknown andunknownto the GrandJury to: a. knowingly and willfully cause submission a materiallyfalse,fictitious,and the of fraudulentstatement representation, is, the submission the Campaign and that by Committee the FEC of a reportthat wasmateriallyfalsein reportingthe source to andamountof contributions the Campaign to Committee, violationof Title 18, in UnitedStates Code, Sections 1001(a)(2) and2;and b. defraudthe United Statesby impairing, impeding,obstructing,and defeating, through deceitful and dishonest means,the lawful government functionsof the FEC in connectionwith its statutory duties to make available to the public

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 6 of 31

accurate information concerning the identities of contributors to federal campaigns,ffid the dates and amounts of such contributions,and to detect violations of the limitations on excessive campaigncontributions, and to seek civil and administrative sanctions asainst individuals who made illeeal in contributions violation of thoselimits. The Purpose the Conspiracy of 24. The purposeof the conspiracywas to violate the limits and prohibitionson

contributionsto the CampaignCommittee,and to concealthe amount and sourceof those contributions from federal agenciesand departmentswith jurisdiction to administer and gatethosecontributions. investi MannerandMeansof the Conspiracy 25. On November2, 2011,MOFFA, ROGERSand RYO Owner I met at Smoke

House Tobaccoin Waterbury,Connecticut. At that meeting,the participantsdiscussed the possibilitythat the CGA would enactlegislationharmfulto RYO smokeshopowners'business interestsduring the CGA's 2012legislativesession. MOFFA advisedthe other attendees that Soucy could help the RYO smokeshop ownerspreventthe enactment harmful legislation. of MOFFA then called.soucy,and shortly thereafter Soucyarrivedat SmokeHouseTobaccoand joined the meeting. Soucyadvised othersthat Soucy's"good friend" was Public Official the Number 1, who, accordingto Soucy,could influencewhetherthe anticipated legislationwould be enacted.Soucythen engaged a telephone in with Public Official Number I for conversation the purpose arranging meetingbetween of a certainRYO smokeshopowners andPublicOfficial Number 1. The meetingwas scheduled the morningof November16, 20ll at a restaurant for in Meriden, Connecticut.

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 7 of 31

26.

On November15, 2011, Soucy,ROGERSand TIRADO attended fundraising a

eventfor the Campaign Committee Waterbury, in Connecticut.Prior to the event,ROGERS and TIRADO arrangedfor a smoke shop employeeto write a $2,500 check to the Campaign Committeein exchangefor a reimbursement $2,500 in U.S. currency. The $2,500 of contributionto the CampaignCommitteewas in the form of an illegal "conduit contribution," that is, a contributionmade by one personin the name of another. At the fundraisingevent, SoucyandROGERS delivered $2,500 the conduit contribution BRADDOCK. to 27. Followingthe fundraising eventon November15, 2011,TIRADO andROGERS

spoketo RYO Owner 1. TIRADO advisedRYO Owner I that "I just went to [Public Official Number I's] fundraiser."TIRADO stated that "we donated today" to the Campaign Committee. TIRADO and RYO Owner I agreed that they would meetthe following morningin advance of their meetingwith Public Official Number l. ROGERSadvised RYO Owner I that he met with BRADDOCK at the fundraisingeventearlierthat evening. ROGERSindicated that Soucyand individualsassociated the Campaign with had Committee "alreadydiscussed greatdetailabout in their strategyfor the whole thing." Accordingto ROGERS,BRADDOCK instructed him and Soucythat theyshouldnot "talk abouta bill" duringtheir meetingwith PublicOfficial NumberI on Novemberl6 because, "thereis alwayspeoplefollowing this guy around, watchingwhat he's doing . . .." ROGERSthen advised RYO Owner I that he shouldbring a $2,500contribution to the upcomingmeetingwith Public Official Number 1, ROGERSinstructed RYO Owner I that he should"give someone elsethe moneyand they could write the check." ROGERSadvised that he and Soucyagreed that the check"can't be business."ROGERS added, "We hadone of our employees. just wrotea checkfor us." She

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 8 of 31

28.

On the morningof November 2011,Soucy, 16, TIRADO andRYO OwnerI met

at SmokeHouseTobaccoprior to meetingwith Public Official Number 1. Soucyexplained to TIRADO andRYO Owner I that,duringthe meeting with Public Official Numberl, they should not "bring up any bills," because "the men in black runningaround. . . all the time . . . andwe say, 'we don't want you to do this bill,' . . . that's the sameas me giving him a twenty,hundred dollar bill, saying'let me go on the lcking two ounces you got me with'." Soucyadvised TIRADO and RYO Owner I that he had "a long talk with" BRADDOCK, that BRADDOCK "knows the wholedealalready,"andthat Soucyhadto give BRADDOCK "that on the side." 29. On the morningof November16, 2011,immediately prior to the meetingwith

Public Official Number l, Soucy,TIRADO and RYO Owner I met in the parking lot at the restaurant Meriden, Connecticut. Soucy advisedTIRADO that, in addition to the $2,500 in conduitcontribution ROGERS and TIRADO madeon November15, 2011,TIRADO andRYO Owner I were supposed deliver"threemorechecksthis morning,"totaling$7,500. TIRADO to advisedSoucythathe andROGERShadcontributed eventthe previous $2,500at the fundraising evening,referringto the conduitcontribution. Soucythen advisedRYO Owner I that when he "set this up" the plan was to make a paymentof $20,000to $30,000,but then they decidedto start with a payment of "ten grand" to the CampaignCommittee,followed by additional payments they were "happy." TIRADO thenasked, if "you got a pen," wrote a $2,500checkto the CampaignCommitteein the name of a conduit contributor,and then handedthe checkto Soucy. ROGERS laterreimbursed conduit the contributor providinghim with $2,500 U.S. by in curTency. 30. On the morningof November16,2011,Soucy, TIRADO andRYO Owner1 met

with Public Offrcial Number 1 and BRADDOCK at a restaurantin Meriden. Connecticut.

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 9 of 31

Immediatelyprior to that meeting,SoucyadvisedBRADDOCK that he had an "envelope," and then handedBRADDOCK an envelope containingthe $2,500conduitcontribution. During the meetingwith Public Official Number l, Soucy,TIRADO and RYO Owner 1 discussed various issues relatingto the RYO industryin Connecticut. 31. On November18, 2011, SoucyaskedRYO Owner 1 to complete $10,000 the

paymentto the CampaignCommitteeby giving two additional$2,500 conduit contributions. SoucyadvisedRYO Owner I that the paymentwould preventlegislationharmful to the RYO smokeshopowners' interests from passingduring the CGA's 2012legislativesession. Soucy said,"The chances [PublicOfficial Numberl] callingthe bill aregonnabe none. As long as of we do what we're supposed do. to Benjamins." 32. On November29, 2011, ROGERSadvisedRYO Owner 1 that, if legislation So everybodyunderstands, politics is about the

harmful to the RYO smokeshopownerswas introduced, "would be more than willing to do he more" to "guarantee" the legislationfailed. ROGERSalsoexplained that that if the Connecticut SuperiorCourt ruled in their favor in the RYO Litigation, "the next stepis the State'sgonnatry andput a bill in. That's whereyou really needflegislators], I don't like to talk too muchon but the phoneyou neverknow." During that sameconversation, RYO Owner I askedROGERSto identiff two conduitcontributors who could write $2,500checks the Campaign to Committee in exchange $2,500 cash. ROGERS for in responded, "Definitely,that'ssimple." 33. On November 29,2011, Soucydescribed RYO Owner 1 the purpose the for of

payments PublicOffrcialNumber1. Soucysaid,"If it goesgoodfor you in court,you know to they're gonnatry and come with legislation. That's what you're buying. You're buying insurance."Soucythenexplained plan they would implement harmfullegislation the if was,in

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 10 of 31

fact, introduced.Soucysaid,"Now the bill goesthrough,now it's time to investmorein to your future. The bill doesnot comeout of session.Thenyou haveto say 'thank you,' andyou know how you say'thankyou'? Morechecks.That'sthe way this system works." 34. On November30, 2011,Soucy,ROGERS, MOFFA and RYO Owner I met at

SmokeHouseTobacco. The participants agreedthat they would completethe initial $10,000 payment by delivering two $2,500 conduit contributionsto the CampaignCommitteeat a fundraisingeventscheduled December 2011. MOFFA volunteered serveas one of the for 8, to conduit contributors,instructingROGERSand RYO Owner 1, "Give me the money,and I'll give you the check." MOFFA then explained that Soucywould advance RYO smokeshop the owners' interests the CGA by working "through the back door hook." During the meeting, at Soucyinstructed RYO ownersnot to bring a largecontingent the December fundraising the to 8 event,stating,"You don't want a lot of peoplefrom the industry. This is supposed be low to lcking key." 35. Duringthe earlyevening December 201l, ROGERS of 8, contacted MOFFA and

arranged provide him with $2,500 in U.S. currencyin exchange a $2,500 conduit to for contribution the Campaign to Committee.MOFFA suggested ROGERS, to "Why don't you stop at my house,get the checksso I don't haveto comedown there? Oh, I needthe money. F_ck 'N&, I don't think I havetwenty five that. You got the moneyon you?" ROGERSresponded, hundredon me." ROGERSandMOFFA thenagreed meetat SmokeHouseTobacco make to to the exchange.Shortly thereafter, ROGERSspokewith HOGAN and lamented that he had not "put a little morethought"into selecting conduitcontributors because thoseindividualswould be ableto usethe fact that contributions weremadein their namesif they "needanythingdown the line." HOGAN responded, "Yeah,exactly.That'strue."

10

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 11 of 31

36.

On December 2011,Soucy, 8, ROGERS, MOFFA,RYO Owner1 andothers met

at SmokeHouseTobacco. Prior to that meeting,ROGERSobtaineda $2,500checkmade payableto the CampaignCommitteefrom a conduit contributor,who was later reimbursed by ROGERSwith $2,500in U.S. currency. During that meeting,ROGERSand RYO Owner I providedMOFFA with $2,500in U.S. currency, MOFFA thenwrotea checkfor $2,500 and in his wife's narne, makingit payable the Campaign to Committee. MOFFA counted $2,500 the in cashand advisedRYO Owner I that it was o'onthe money." ROGERSexplainedthat it was necessary useconduitcontributors preventpeoplefrom drawinga connection to to between their contributions the Campaign to Committeeand the defeatof legislationthat might be introduced duringthe CGA's 2012legislative session.ROGERS said,"something happens, they saywhy the lck did theseguys donateten thousand this campaign," During that sameconversation, to SoucyinStructed RYO Owner I how to deliver the checksto BRADDOCK, saying,"When we meetwith Rob,the finance guy . . . 'How you doing,Rob?Got something.' That'sit." 37. On December8, 2011, Soucy, ROGERS and RYO Owner 1 attendeda

fundraising event for the CampaignCommittee,which was held at a hotel in Waterbury, Connecticut. As Soucy and the other attendees enteredthe event, RYO Owner I handed BRADDOCK the two additional $2,500 conduit contributions. Soucy then advised BRADDOCK, "That's the other half of the ten," to which BRADDOCK responded, "Thanks, buddy." Later in the evening,BRADDOCK approached Soucy,ROGERSand RYO Owner I and said,"You're gonnabe fine. I wouldn't go repeating what I just said,but I think you're goula be fine." 38. On December 2011,ROGERS 9, described December fundraising the 8 event to

o'Didwe haveto give moremoney?," TIRADO. TIRADO asked, to which ROGERS responded,

t1,

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 12 of 31

ya "No. I mean. . . if it getsdownto the point whereit's it, uh, getsto thereandhe says, know, 'do it,' I mean, know?" TIRADO responded, ya "Yup." 39. him that MONTEIRO,and advised contacted On December 2011,ROGERS 10,

on Committee to to for he had arranged two conduitcontributors makepayments the Campaign their behalf. ROGERSsaid,"[RYO Owner l] gaveyou know five, so I had Moff, Moff do one "Yeah, definitely, and . . . I should have had you . . ..," to which MONTEIRO responded, definitely shouldhave." 40. to Committeesubmitted the FEC a On or aboutJanuary31,2012, the Campaign

for receipts disbursements the periodOctober1,2011 and Committee's reportof the Campaign the 31, throughDecember 2011. The report falselyreported sourceand amountof four $2,500 by contributionsthat were receivedand deposited the CampaignCommitteeduring that time period. 41. ROGERS informhim thatthe CGA had to 8,2012,Soucycontacted On February

of ROGERS update to him on the status session.Soucyasked convened its 2012legislative for the RYO Litigation so that Soucywould know whetherhe had to "keep an eyeon things" at the CGA. . 42. The Decisionin the RYO Litigation

MOFFA and RYO Owner I met at a 29,2012, Soucy,ROGERS, On February

the uponstrategy preventing enactment for to the Waterburyrestaurant discuss previouslyagreed of any legislation that would seek to overturn the February 24, 2012 ruling in the RYO the Litigation. During the meeting,Soucydescribed possibilitythat such legislationcould be proposed of that throughan emergency certificationprocedure would requirethe approval Public "I've talkedto everyone needto talk to. I Official Number1. Soucyreassured participants, the

L2

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 13 of 31

If anythingis going to comeup, I will get a phonecall. The only, the only, the only thing you could do right now, more." Soucy then rubbed his fingers together, signaling that the participants to Committee. Soucysaidthat he shouldmakeadditionalpayments the Campaign to additionalpayments the CampaignCommittee,but explainedthat, "I'm not .woulduurange RYO MOFFA encouraged Loking goingto talk aboutthis overthe phone." During the meeting, '!You might not like paying Soucyfor his effortson their behalfandadded, Owner I to consider agreed that they would proceedwith his tacticsbut the kid will get it done." The participants to Committee preventany their original plan to make additionalcontributions the Campaign to legislationfrom beingenacted. 43. On March 3, 2012; Soucy explainedto RYO Owner I that the plan to make

additionalpayments the Campaign to Committeewas part of the sameeffort that they initiated 2011. duringNovemberand December when they paid $10,000to the Campaign Committee payment, was,ya know, 'hello,how ya doin', Referring the initial $10,000 to Soucysaid,'oThat uh, this is our issues, and, ya know, this, givin' more to [PublicOffrcialNumber l] will just reaffirm keepingthe bill down." Soucythen suggested, "ten more to [Public Official Number "you l]," and advised that they 'Just gottacomeup with, uh, morenames." Soucyexplained, wrurna keepasmuchdistance sothat whenthe peoplestartlookin' at [PublicOfficial Number as, 1's] money.. . andtheygo, 'oh gee,RYO is giving 'em money,andhe won't bringthisbill up."' 44. FBI On March 22,2012, Soucyand ROGERSmet with t'woundercover agents

("UCE-I" and "UCE-2"), who were posing as RYO investors. During the meeting,Soucy explained notionthat it is a lot easier "kill a bill" thanit is to get a bill passed. the to Soucysaid it that, even if a bill was passed of a committee, would have to be approved Public by out Official Number L He stated,'Now if it makesit throughall the committees.Now [Public

13

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 14 of 31

OfficialNumber1l hasto call the bill. You saidthankyou to [PublicOffiiial Number1] at the tune of ten thousand dollars." Soucythen suggested if the UCE's wantedto keep Public that Official Number I happy,they should"do another10." Soucystated, "Not all the crookshaveto stayat shift change.Someof us getto go home." UCE-I andUCE-2,actingin their undercover capacity RYO investors, as agreed financethe next payment the Campaign to to Committee. 45. On March 27,2012, Soucyreceived telephone from NASSI. Duringthe a call

telephone call, Soucyadvised NASSI that "them peopleare comingback into town next week, and,uh, they'regonna havesome morepieces paper."NASSI responded, of "Alright, the endof the week is an important deadline for us. And, I know you talked to Rob (referring to BRADDOCK) on Friday . . . anythingthat you can do beforethe end of the week, we would greatly appreciate." The RYO Legislationan-d AdditionalPayments the Campaign to Committee 46. On the morning of April 3, 2012, the RYO Legislationwas introducedin the

CGA's Finance Committee. 47. On April 3, 2012 at approximately 12:45p.m., Soucyadvised NASSI that he

needed get together "to with Rob (referring BRADDOCK),"on April 11,2012at 6:00p.m. to Soucysaid,"I'm going to havesomething him." NASSI askedif they couldmeeta little for later,but added, "[i]f it hasto be six we'll be there." Soucyresponded, "[T]his is the guy that's prompting bringingthe envelope," NASSI to ask,"Do you know how big it will be, or what?" responded, Soucy "Five." 48. On April 3,2012,at approximately p.m.,SoucycalledNASSI afterlearning 1:35

thatthe RYO Legislation beenintroduced the Finance had in Committee.Soucyadvised NASSI thatthe FinanceCommittee wastakingup legislationthat would designate RYO smokeshop the

L4

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 15 of 31

ownerstobacco "Let "manufacturers."Soucythen said,"That's a oops." NASSI responded, me checkon that." 49. On April 3, 2012, at approximately 2:20 p.m,, LegislativeAide I sent the

followingelectronic message NASSI,"Its goingto pass30-17 to unless [PublicOfficialNumber public official] to flip votes. Vite [sic] is open for 50 more minutes." At 1] tells [another approximately p.m.,NASSIresponded an electronic 2:23 "Ouch." with message read, that 50. Dwing the afternoonof April 3, 2012,the FinanceCommitteevoted in favor of

by absent. the RYO Legislation a vote of 33 to 17,with threemembers 51. 3:32 p.m., NASSI sentthe followingtext On April 3, 2Al2 at approximately

would message Legislative Aide l, inquiringaboutthe possibilitythat the RYO Legislation to passthe CGA's Houseof Representatives, will it passthe housetoo???" Laterthat evening, "So Legislative message, will pribably[sic] pass." Aide 1 advised NASSIby electronic "it 52. 4:43p.m., SoucycalledUCE-I. Duringthe On April 3, 2012,at approximately

call, Soucyadvised UCE-I that he had scheduled meetingwith BRADDOCK and NASSI. a SoucyandUCE-I agreed that UCE-I would provideSoucywith $10,000 cashso that Soucy in could recruit and reimburseconduit contributorsto write checksto the Campaign Committee. Soucyand UCE-I agreedthat the $10,000paymentin the form of conduit contributions the to would be deliveredto BRADDOCK andNASSI at the upcoming meeting. Campaign Committee 53. On April 4,2012,SoucyandUCE-I met in Connecticut. thatmeeting, UCE-I At

provided that for Soucywith $l1,000 in U.S.currency.Soucyagreed he would arrange $10,000 of that moneyto be usedto pay conduitcontributors who would write checksto the Campaign. Soucyaccepted remaining$1,000as purportedpaymentfor his efforts to arrange defeat the the of the RYO Legislation. During the meetingSoucyand UCE-I engaged the following in

L5

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 16 of 31

exchange: UCE-I stated, "This is ten ($10,000) now for [PublicOfficial Number1]. ... It's too late in the game to fumble now. A little somethingin there for you." Soucy responded, "Alright." A few minuteslater, Soucy stated, "It's a gamethat lucky enough, I've got the contacts play goodin it." to 54. During the afternoon April 9, 2012,Soucycontacted of BRADDOCK andsought

to confirm that BRADDOCK and NASSI would attenda meetingwith Soucy,ROGERSand UCE-l on April 11,2012. Soucyadvised BRADDOCK,"I got ah,another grandfor you,"to ten whichBRADDOCKresponded, "You'rethe Lcking man,man. I'll be there." 55. Dwing theevening April 9,2012,Soucyspoke of with NASSI andconfirmed that

NASSI would attenda meetingwith Soucy,ROGERSand UCE-I on April 11,2012. NASSI advisedSoucythat, because Public Official Number I was running for a federaloffice, Soucy did not haveto complete contributionforms in connection with the checks that Soucyintended to deliver on April 1l. Soticyresponded, "Ok, so I just bring the checks?," which NASSI to

responded, "You got it." Soucythen said,"Alright. I'll have,uh, four twenty-fivehundred dollar checks,"to which NASSI responded, "Wow, that's greatman." Momentslater, Soucysaid, o'Well you,you knowmy reasoning," whichNASSIresponded, to "Yup, I do." 56. In advanceof the April 1l meeting, Soucy and ROGERS recruitedfour

individuals to serve as conduit contributorsin connectionwith the $10,000paymentto the Campaign Committee that Soucyand ROGERSintended deliverto BRADDOCK andNASSI to on April 11,2012. Soucyand ROGERS providedeachconduitcontributor with $2,500 U.S, in crrrency in exchange a $2,500checkwritten to the Campaign for Committee. 57. On April 17,2012, approximately p.m.,Soucy, at 6:30 ROGERS, UCE-1, NASSI

and BRADDOCK met at a restaurant Southington, in Connecticut.Prior to the meeting,Soucy

16

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 17 of 31

providedUCE-I with the four $2,500checksin the namesof conduit contributors.At the to the writtenin the nameof conduitcontributors meeting, UCE-I delivered four $2,500checks BRADDOCK andNASSI that BRADDOCK andNASSI. Duringthe meeting, UCE-I advised his objectivewas to "do what [he] canto makesurethat thing getskilled." UCE-I thenadvised UCE-I said, BRADDOCK and NASSI that he was not "on" any of the checks. Specifically, then "I'm not on any of them. But, if you think a morepublic showingfrom Roll-Your-Own, that that's fine. I wasjust underthe understanding I thoughtit might be sensitive. If we're out there,then that may be more of a red flag, but I can switchthat, right Ray? And, thereare no duplicatesin here from last time?," refening to the namesthat were usedto make the initial payment November December responded, no, no, I knowhow in and 2011. Soucy "No, $10,000 UCE-I said to NASSI and this works. Can't be duplicates." Later in the conversation, BRADDOCK, "And, eventhoughmy nameis not on there,you know that it is me." 58. on he Soucythat oneof the checks delivered On April 23,2012,NASSI advised

was,everybody giventhe cash, was April 11,2012hadbounced.Soucyresponded, "Everybody to deposit. I'll makethe call right now." NASSI then providedSoucywith the nameof the check. NASSI advisedSoucythat the on conduitcontributorwhosenameappeared the bounced CampaignCommittee,"need[s] the check, ah, by tomorrow at midnight,'oto which Soucy responded, I "Ah, well that, okay. I will do whatever gottado, alright?" 59. On April 23,2011 and April 24,2017,Soucyengaged a series telephone in of

calls with ROGERSin an effort to obtain a checkto replace bounced the check. ROGERSand Soucy agreedthat ROGERS would obtain a $2,500 bank check from the same conduit contributorand cashto coverthe bank chargeassociated with the bounced check,andthenleave those items at Smoke House Tobaccothe following morning. ROGERSthen obtainedthe

L7

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 18 of 31

$2,500bank check from the conduit contributor,whom he had previouslyprovided$2,500in U.S.currency, delivered to Smoke and it Tobacco. House 60. On April 24,20|2,NASSI contacted Soucyto advise him thatan employee the of

Campaign Committee retrieved replacement had the checkfrom SmokeHouseTobacco.NASSI check. thankedSoucyfor obtainingthe replacement 61. On April 25,2012at approximately p.m.,Soucyadvised 7:25 NASSI that Soucy

had"anotherten grandto, uh, distribute [PublicOffrcialNumber1] to makesurethis bill stays to NASSI, out, off of the table," andthat he would "havethe checkson Wednesday."Soucyasked 'o'Wow, right now. Ah, yes,whatever you "is that goffia do it?," to which NASSI responded, uh, can do is great." NASSI then instructedSoucythat one of the checksshouldbe madeout to a PublicOfficial NumberI's opponents. who statepolitical parfy to pay a videographer recorded 62. discussed a 7:53p.m., SoucyandROGERS On April 25,2012at approximately

plan to make an additional $10,000paymentto the CampaignCommittee. Soucy advised ROGERSthat he would "needpeopleto write checksagainso we can continueto bribe these to a-sholes." ROGERSthen askedSoucywhetherSoucyhad the moneythat would be needed reimburse conduitcontributors.Soucyadvised the that he did not yet havethe moneybut that he would "needfour for [Public Offrcial Number 1]." ROGERScorrected Soucy,sayingthat three conduitcontributors would write checks the Campaign to Committee oneconduitcontributor and would write a checkto a political pany. Soucy said, "Right, four twenty five hundreddollar people." 63. On May 1,2012at approximately p.m.,Legislative 3:58 Aide I sentan electronic

message NASSI, informinghim thatthe "Senate doingcigarettes is to tonight,"to whichNASSI responded, 9:04 Aide I responded, "Omg. R U serious?"Legislative "Yes." At approximately

18

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 19 of 31

p.m.,NASSI asked Legislative Aide I via electronic message, "Did they do cigs?,"referring to whether Senate votedon the RYO Legislation.Legislative ,.Don,t the had Aide 1 responded, know yet." 64. 65. The senate not takeup theRyo Legislation May 1,2012. did on On May 2,2012, the Campaign Committee submitted the FEC a reportof the to

Campaign Committee's receipts and disbursements the periodApril l, 2012throughApril for 24,2012. The reportfalselyreported source the and amountof four $2,500contributions that werereceived deposited the Campaign and by Committee duringthat time period. 66. On the eveningof May 2, 2012,Soucyand NASSI discussed Public Official

Number1's positionon the RYO Legislation.Duringthe conversation, Soucyreminded NASSI that he (Soucy)had alreadygiven $20,000to the CampaignCommittee,and informedNASSI that whenNASSI tells him that "[Public Official Number l] is good with this, you know with that 20k," Soucywould give the CampaignCommitteeo'another 10." NASSI responded that while he did not know whetherhe could "makea promiselike that," he was "continuingto work on it." Soucy thenasked again, [PublicOflicial Number1] goodwith this,"to whichNASSI "Is responded, "Yeah." NASSI latersaid,"I'm, you know,doingeverything can.. . . you gotta I just monitorthis shitall thetime." 67. On May 3,2012, Soucyinformed NASSI that he hadspoken with PublicOfficial

o'Yeah, talked to him." Soucy Number I the previous night, to which NASSI responded, I reported NASSI that Public official Number I told him "he's working on it.'o Soucyand to NASSI then agreedthat Soucywould deliver another$10,000to the Campaign Committee followingthe endof the legislative session.Soucysaid,"hopefully,we cangetthis thingkilled and I cantake careof [Public Offrcial Number 1] for another grandand muchmorelateron. ten

L9

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 20 of 31

"Yup. I hearya, I hearya man, I meanwe'll uh, like I Alright, brother?" NASSI responded, over." said,we'll uh,keepworkingon it and,um, we'll planto talk aftersession's 68. Aide I asking, message Legislative to On May 7,2012,NASSI sentan electronic

"No," followed Aide I responded, in "Is cig language the budget.I needto know." Legislative by "I just looked." 69. amendments of a On May 8,2012, SoucyandNASSI discussed series proposed

to the RYO Legislation that would have effectively stripped the RYO licensing and tax is provisions NASSI that "it lookslike the RYO language from the legislation.Soucyadvised gettingtakenout for free, or . . . is Public Official Number I behindthis?" NASSI responded, to that the "Yeah, yeah,I meanwe've beensending message the bill is dead,"which, according NASSI, may have promptedother legislatorsto load the bill down with other amendments. NASSI that "where credit's due,they want to give credit,but . . . if it's not Soucythen advised "what's due, they don't want to do. They're endingup with a freebie." NASSI responded, behindthe scenes.They're telling peoplethat the bill is happening all this stuff is happening is all thatrswhenyou startseeing is dead.. . . So,once,oncethe message sentthat the bill is dead, theseother amendments."Soucythen confirmed,"So, [Public Official Numberl] is behindthe "Yeah,yeah." deal,whichis good,"to whichNASSI responded, 70. On May 8, 2012,NASSI sought to confirm with LegislativeAide 1 that,

session enact to budget a session, CGA would convene special the followingthe 2012legislative implementing legislation,and that the RYO tax provisionswould not be includedin the to 7:58 p.m., NASSI sent the following electronicmessage legislation. At approximately and will session cig Legislative Aide 1: "So,just to confirm,implementers be donein a special "Trying hard for cigs tax definitely won't be in them, right?" LegislativeAide I responded,

20

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 21 of 31

altho [sic] no one knows yet that we have any opposition." LegislativeAide 1 then informed NASSI that various interested partieswere working to amendthe RYO Legislationso that it could be enacted during the specialsession. NASSI responded, "Just avoid it ratherthan amendments sh_t". NASSI and LegislativeAide I then considered and additionalstrategies for keepingthe RYO licensingand tax provisionsfrom being considered during the CGA's special session, which wasscheduled June12, 2012. for 7I. On May 9,2012, NASSI informedSoucythat, "nothing'shappening . we've .

beensuccessful, Soucyresponded he *ouid, "bring up the other10,"andthathe would so." that like to "thank [Public Official Number l] and then "take a walk" with NASSI. NASSI then reminded Soucythat $2,500shouldgo to a politicalparty. Soucysaid,"Well, like I said,I get the checks. You just tell me who to makethemout to." 72. The CGA's2012legislative session ended ll:59 p.m. on May 9,2012. The at

RYo Legislationwasnot calledfor a voteby eitherchamber the cGA. of 73. On May 14,2012,NASSI contacted Soucyto invitehim to a politicalconvention

that eveningat which Public Official Number I would be seeking endorsement a political the of party. Initially, Soucydid not agreeto attendthe convention but, referringto the final payment of $10,000, said,"I didn't forget. Um, I'm trying, I gottaput together.Whatever dopeaddicts anddrugpushers gonnabe writing these are phonychecksso,but I didn't forgetyou. . ." NASSI 'No problem,man." Soucy responded, then said that maybehe would "make an appearance," explaining.that wanted"to meetwith [PublicOfficial Number1] andthankhim personally." he 74. On May 14,2012,Soucyand ROGERSmet at SmokeHouseTobacco.During

themeeting, Soucyprovided ROGERS with 910,000 U.S.currency.ROGERS previously in had arranged several for individualsto write $2,500checksto the Campaign Committee exchange in

27

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 22 of 31

for $2,500 in U.S. clrrency. In particular,ROGERShad obtaineda $2,500check from MONTEIRO, which he providedto Soucy. ROGERSalso providedSoucywith a $2,500 cashier'scheckpayableto the Campaign Committee that HOGAN had drawnfrom his personal bank account. During the meeting,HOGAN arrived with anothercashier'scheckfor $2,500, which he had obtainedfrom an employee MONTEIRO's construction of companyin exchange for $2,500in U.S. crlrrency. Soucy askedHOGAN, o'Whatlucking drunk did you chase down?" HOGAN then handedthe check to Soucy. Per NASSI's request, ROGERSalso providedSoucywith a $2,500checkin the nameof another person, which wasmadepayable to a political party. 75. r

On May 14,2012, Soucyattended nominatingconvention Public Official the for

Number 1. After enteringthe convention hall, Soucygreeted NASSI. NASSI then led Soucyto a backstage area,at which point PublicOfficial Number I approached him Soucyandengaged in a conversation.Immediatelyfollowing that conversation, NASSI led Soucyinto a back room whereSoucysaid,"I havean envelope you," anddelivered $10,000 payment the form of for in a three $2,500conduit contributions the Campaign to Committeeand one $2,500checkto a political party. As he was exiting the convention hall, Soucyencountered BRADDOCK. Soucy andBRADDOCK stepped a quiet location,and Soucysaidthat he hadjust "thanked man," to the and that "twenty thousandwas well worth it. . . And anotherten grand." BRADDOCK responded, "You're the man." 76. On May 15,2072,BRADDOCKand Soucyengaged a series conversations in of

regarding the four conduit contributionsthat Soucy had delivered to NASSI the previous evening. BRADDOCK initially said,"I thoughtyou told me it was ten. I think we havethree for a total of seventy five hundred." Soucy then advised BRADDOCK that NASSI had

22

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 23 of 31

instructed him "to write one out to the [politicalparty]," to which BRADDOCK responded, "Oh. Gotcha." BRADDOCK then askedSoucyto provide him with biographicalinformationfor certainindividualsin whosenames checks the had beenwritten. While relayingthe information to BRADDOCK, Soucysaid,"Justthinking aboutthis. I don't know if you know, the lasttime, one of thesea_shole drug addictsbounced checkeventhoughwe put the lcking moneyright a in their hand,"to which BRADDOCK responded, "Right." Soucythenasked BRADDOCKto give him the name of one of the conduit contributorsso that he could "stay on top of it." BRADDOCK agreedto send Soucy a text message with the information. In a subsequent conversation the samedate, Soucyreiterated BRADDOCK, "The last time one of these on to as holesbounced checkeventhoughwe put their moneyright in their hands. You know? You a can't trust the drunks." BRADDOCK laughed Soucycontinued, and these "You know, grabbing drunksand drug addictsand saying,'here,write this check.' . . .." BRADDOCK againlaughed and said,"Oh, god." Soucysaid,"Like I said,you know, it wasa very goodinvestment us to for kill that bill. And they want to stayfriendsfor a long time." After Soucyadvised BRADDOCK that he would attemptto get an address one of the conduitcontributors, for BRADDOCK said, "Okay." 77. On May 15,2012at approximately p.m., SoucycalledBRADDOCKand 4:18

advised him that one of conduitcontributors usedin connection with the $10,000 contribution the previouseveningwas an ownerof oneof the RYO smokeshops. Soucysaid,"I just realized something . . that Ben Hoganguy . . . he is like one of the owners."BRADDOCK responded, . "Okay." SoucythenaskedBRADDOCK,"You wannatearthat oneup andI'll, I'll get another one? Or get that one back that's uh, that's a bank check so get that back." BRADDOCK responded, gotta,I gottahangup with you right now, she'son her way to the {_ckingbankto "I

23

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 24 of 31

deposit right now. . . . Let me go, let me call, let me seeif I can get her, I'll call you right it back." 78. Immediately following the abovecall, BRADDOCK calledCampaign Aide l.

BRADDOCK advisedCampaign Aide I not to depositthe checkthat was madeout in the RYO smokeshopowner'sname. Campaign Aide 1 askedwhy sheshouldnot depositthe check,and BRADDOCKresponded, "Justdo it." 79. At approximately 4:25 p.m., BRADDOCK advisedSoucy, "Well, we're all

good." Soucy said, "Alright, so I'll get that one from you and do a switch," to which good." BRADDOCKresponded, "Yeah,sounds 80. On May 16,2012, SoucycalledBRADDOCK to tell him that hq was aboutto

pick up the replacement checkfrom "the store,"and said,it would be "greatif you could come mine, you know?" down right there. That way, boom,boom,here'syours,here'syours,hereos BRADDOCK said,"Okay, let me see,let me seeif I can do that.Uh, I'll give you a call right at to back." Shortlythereafter, Soucyspoketo NASSI and arranged meetNASSI that evening a there NASSI, "We gottado an exchange restaurant Southington, in Connecticut.Soucyadvised that they meet at 7:30 at the same Southington on that bullsh_t check." Soucy suggested restaurant wherethey met on March 11. NASSI confirmed,"The sameplacewe met last time, right?" 81. in During the eveningof May 16, 2012, Soucy met NASSI at a restaurant

Southington,Connecticut. At that meeting, NASSI provided Soucy with the check that BRADDOCK and Soucyhad agreed because was written in a RYO smoke it shouldbe returned shop owner'sname. In exchange, SoucyprovidedNASSI with another$2,500checkin the nameof a differentconduit contributor,who was not affiliatedwith the RYO smokeshopsbut,

24

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 25 of 31

rather, was another employee of MONTEIRO's constructioncompany. NASSI said, ,,1 definitely appreciate man." Soucyresponded, it, "H.y, he did what he said he was gonnado. Gonnakill the bill, he killed the bill. You know?" SoucyandNASSI then discussed fact the that other legislatorshad attachedmeaningless amendments the RYO Legislation after to learning PublicOfficial Numberl's opposition.Soucysaid,"Soo of [PublicOfficial Numberl] ..yeah. yes he put out theword,'dead'?" NASSIresponded, did.,, ' 82. On May 24, 2012, LegislativeAide. I sent NASSI an electronicmessage

informinghim of the status negotiations of concerning issues would be considered the the that by CGA during the specialsession. LegislativeAide I advisedNASSI, "everyonewantsroll ur "Oh [sic] own.I wasthe loneno." NASSIresponded, sh_t." NASSI andLegislative Aide I then engaged a seriesof electronicmessages which they discussed in in strategies preventing for the RYO tax and licensingprovisionsfrom being considered during the CGA's specialsession, which wasscheduled June14.2012. for OvertActs 83. In fuitheranceof the conspiracy,and to accomplishits purposesand objects,

BRADDOCK,HOGAN, MOFFA,MONTEIRO,NASSI,ROGERS TIRADO, together and with Soucy,committedand caused othersto commit at leastone of the following overt acts,among others,in the District of Connecticut. 84. From November201I throughMay 2012, BRADDOCK, HOGAN, MOFFA,

MONTEIRO,NASSI,ROGERS andTIRADO, together with Soucy, caused in $27,500 conduit contributions the Campaign to Committee, is, eleven that checks the names conduit in $2,500 of contributors that were madepayableto the Campaign Committee, described the following as in table:

25

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 26 of 31

ConduitContributor ConduitContributorI

OvertAct

$2,500 Checkdated: I1-15-1I
Checkaccepted: l-l 5-l I I

ConduitContributor 2 ConduitContributor3

ConduitContributor 4

$2,500 Check dated:l-[ ]-l I I Check agcepted: I 1-16-l I $2,500 Check dated: l2-8-lI Check accepted: I 2-8-I1 $2,500 Check dated: l2-8-11
Checkaccepted: 12-8-1 I

ConduitContributor5

$2,500 Check dated: 4-12-12
Check accepted:4-ll -12

ConduitContributor6

$2,500 Check dated: 4-10-12
Check accepted:4-11-12

ConduitContributor7

$2,500 Check dated: 4-10-12
Check accepted:4-11-12

ConduitContributor8

$2,500 Check dated: 4-8-12 Check accepted: -12 4-11
$2,500 Checkdated:5-14-12 Checkaccepted: 5-14-12

ConduitContributor9

ConduitContributor 10

ConduitContributorI I

$2,500 Check dated: 5-14-12 Check accepted: 5-14-12 $2,500
Check dated: Check accepted:5-16-12

All in violationof Title 18.UnitedStates Code.371.

26

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 27 of 31

COUNTSTWO andTHREE (Wire FraudDeprivationof HonestServices) 85. The allegations contained in paragraphsI through 84 of this Superseding

Indictmentarerealleged incorporated thoughfully setforth herein. and as The Scheme Artifice to Defraud and 86. From in or aboutNovember2011throughin or aboutMay 2012,in the District of

Connecticut elsewhere, and ROGERS,Soucyand othersknown andunknownto the GrandJury, aidedand abetted eachother,knowingly devisedand intended devisea scheme artifice by to and to defraudanddeprivethe citizensof the Stateof Connecticut their right to the honest of services of Public Official Number 1 throughbribery.
Executionof the Scheme

87.

On or aboutthe dateslisted below. in the District of Connecticut elsewhere, and

ROGERS,Soucyandothersknown andunknown'tothe GrandJury,for the purpose executing of and attemptingto executethe above-described schemeand artifice to defraud and deprive, transmitted and caused to be transmitted by means of wire communicationin interstate commerce, following writings, signalsandsounds: the

COUNT

DATE

DESCzuPTION
transmission from the Campaign Committee in Connecticut to the FEC in Virginia of Form 3 reporting the CampaignCommittee'sreceiptsand disbursements the period for October1,.2011 throuehDecember 3l.20ll

2

0v3v20r2 Electronic

J

05t02t20r2

Electronic transmission from the Campaign Committee in Connecticut to the FEC in Virginia of Form 3 reporting the Campaign Committee's receipts and disbursementsfor the period April I,2012 through April24,2012

All in violation of Title 18. United StatesCode"Sections1343.1346 and2.

27

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 28 of 31

COI-INTFOUR (Causing FalseStatements) 88. The allegations contained in paragraphsI through 84 of this Superseding

Indictmentarerealleged incorporated thoughfully setforth herein. and as 89. On or aboutJanuary31,2012,in the Districtof Connecticut elsewhere, a and in

matter within the jurisdiction of the executivebranch Governmentof the United States, .of MOFFA, ROGERSand TIRADO knowingly andwillfully caused submission a materially the of false, fictitious and fraudulent statementand representation, that is, the submissionby an authorized campaign committee a candidate the United States of for Houseof Representatives to the FEC of a reportthat was materiallyfalseand misleadingin reportingthe sourceandamount of contributions the campaign an individual. to by All in violationof Title 18,UnitedStates Code,Sections 1001(aX2) and2. COLINTFIVE (Contributions the Nameof Another) in 90. The allegations contained in paragraphsI through 84 of this Superseding

Indictmentarerealleged incorporated thoughfully setforth herein. and as 91. In or about April 2012 and May 2012, in the District of Connecticutand

elsewhere, BRADDOCK, NASSI and ROGERS,and othersknown and unknownto the Grand Jury, aidedandabetted eachother,knowingly andwillfully caused accepted by and contributions of money,aggregating more than $10,000during the 2012 calendar year,which were madeby one personin the nameof another the campaign a candidate the United States to of for Houseof Representatives. All in violationof Title 2, United States Code,Sections a37g(d)(l)(Dxi) and 44lf and Title 18,UnitedStates Code,Section 2.

28

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 29 of 31

COLINTSIX (Causing FalseStatements) 92.

J

The allegations contained in paragraphs1 through 84 of this Superseding

Indictmentarerealleged incorporated thoughfully setforth herein. and as 93On or aboutMay 2,2012,in the Districtof Connecticut elsewhere, a matter and in

within the jurisdiction of the executive branch of Government of the United States, BRADDOCK, NASSI and ROGERSknowingly and willfully causedthe submission a of materiallyfalse,fictitious and fraudulentstatement representation, is, the submission and that by an authorized campaign committee a candidate the United States of for Houseof Representatives to the FEC of a report that was materially false and misleadingin reportingthe sourceand amountof contributions the campaign an individual. to by All in violationof Title 18,UnitedStates Code,Sections l00l(a)(2) and2. COTINTSEVEN (FalseStatements) 94. The allegations contained in paragraphsI through 84 of this Superseding

Indictmentarerealleged incorporated thoughfully setforth herein. and as 95. On or about June 1, 2012, SpecialAgentsof, the FBI were in the process of

conductingvoluntary interviews relating to their investigationof potential violations of the Election Act, as describedin Count One. On that day, MOFFA submittedto a voluntary interview in which he intentionallymisled the SpecialAgentsregarding involvementin the his makingof conduitcontributions the Campaign to Committee. 96. On or about June l, 2012,in the District of Connecticut, a matterwithin the in

jurisdiction of the executive branch of the Govemmentof the United States,MOFFA did knowingly and willfully make a materially false, fictitious, and fraudulent statementand

29

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 30 of 31

representation, is, in an interview with SpecialAgentsof the FBI who were conducting that a federalcriminal investigation regarding, amongotherthings,the makingof conduitcontributions to the Campaign g,20ll, he did not Committee, MOFFA stated that, on or aboutDecember receive in $2,500 U.S.currency exchange makinga $2,500 in for contribution his wife's name in to the Campaign Committee, whenin fact, as he well knew,on or aboutDecember 201l, he 8, did receive $2,500in U.S. currency exchange makinga $2,500contribution his wife's in for in nameto the Campaign Committee. All in violationof Title I 8, UnitedStates Code,Section 001 I . COLTNT EIGHT (FalseStatements) 97. The allegations contained in paragraphsI through 84 of this Superseding

Indictmentarerealleged incorporated thoughfully setforth herein. and as 98. On or about June 4, 2012, SpecialAgents of the FBI were in the processof

conductingvoluntary interviews relating to their investigationof potential violations of the Election Act, as describedin Count One. On that day, TIRADO submittedto a voluntary interview in which he intentionallymisled the SpecialAgentsregarding involvementin the his makingof conduitcontributions the Campaign to Committee. 99. On or about June4, 2012, in the District of Connecticut, a matterwithin the in

jurisdiction of the executivebranch of the Governmentof the United States,TIRADO did knowingly and willfully make a materially false, fictitious, and fraudulent statementand representation, is, in an interview with SpecialAgentsof the FBI who were conducting that a federalcriminal investigation regarding, amongotherthings,the makingof conduitcontributions to the Campaign Committee, TIRADO stated that he did not knowinglyparticipate themaking in of conduitcontributions the Campaign to Committee NovemberandDecember in 2011,whenin
30

Case 3:12-cr-00157-JBA Document 21

Filed 07/25/12 Page 31 of 31

fact' ashe well lspw, he did knowingly participarc thc nrakingof emduit oontibrutions in to th CarnpaigrCommittccin November Doccmbcr arrd 2lll. All in violationof ritle lg, unitcd stdcs code, soction lfi)l.

A TRIIE BILL

/
I.JNITEDSTAIES OF AMERICA

YOREPERST

DAVID B.

ASSISTANT UMTEDSTATES ATTORNEY

ASSISTA}.IT UNNED STATESATTORMY

l1

Sign up to vote on this title
UsefulNot useful