RB: CP/LXN F.#2011R02117 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA INDICTMENT -against- fOr No seeceeaeecereeceseeeecseeeec (T. 18, 0.8.C., §§ 371, WILLIAM F. BOYLAND, JR. and 666 (a) (1) (B), RYAN HERMON, 982(a) (1) (Cc), 1343, 1346, 1349, 1951(a), Defendants. 2 and 3551 et seq.; T. 21, U.S.C., § 853(p); T. 28, U.S.C., § 2461(c)) THE GRAND JURY CHARGES: INTRODUCTION TO ALL counTS At all times relevant to this Indictment, unless otherwise indicated: In or about and between March 2003 and December 2011, the defendant WILLIAM F. BOYLAND, JR. served as a member of the New York State Assembly (the “Assembly”) representing the 55th Assembly district, located in Brooklyn, New York. The Assembly was a subdivision of the legislative branch of the New York State government which received in excess of $10,000 each calendar year under federal programs involving grants, contracts, subsidies, loans, guarantees, insurance and other forms of federal assistance.2. In or about and between 2008 and December 2011 RYAN HERMON was employed by the Assembly and served as BOYLAND’s chief of staff. 3. In or about and between 2010 and 2011, a carnival promoter (the "Promoter”), who was cooperating with federal law enforcement, and whose identity is known to the Grand Jury, held himself out to BOYLAND and HERMON as an active carnival promoter interested in scouting locations and setting up carnivals in Brooklyn, New York. 4. In or about and between 2010 and 2011, an undercover Special Agent (“UCI”) of the Federal Bureau of Investigation ("FBI”), whose identity is known to the Grand Jury, held himself out to BOYLAND and HERMON as an entrepreneur from Philadelphia, Pennsylvania who was (i) in the import-export business, (44) interested in aiding the Promoter’s carnival business, and (iii) seeking opportunities to invest in real estate in Brooklyn, New York. UC1 provided his cellular telephone number, which was assigned a Pennsylvania-based area code, to BOYLAND and HERMON 5. In or about 2011, another undercover Special Agent (*Uc2") of the FBI, whose identity is known to the Grand Jury held himself out to BOYLAND and HERMON as an entrepreneur with business interests in Florida, who was a business associate of UCI and was seeking opportunities to invest in real estate inBrooklyn, New York. UC2 provided his cellular telephone number, which was assigned a Florida-based area code, to BOYLAND. The Traveling Carnival Business Traveling carnival businesses that seek to operate carnivals in New York City must obtain permissions, permits and licenses from various local government agencies. For example, the Department of Consumer Affairs ("DCA") must issue a “Temporary Use Device License” in order for a carnival to operate vides. DCA often requires letters of support from the local community board and elected officials who represent the district within which the carnival is to be held. In addition, the New York City Department of Buildings must inspect and approve a carnival before it can begin operating 7. Carnival operators in New York City frequently seek to have community-based non-profit organizations listed as sponsors for their shows. The carnivals themselves generally generate more than $5,000 in receipts. 8. A carnival promoter is an individual who helps secure locations, permissions and permits for traveling carnival businesses. The Criminal Schemes 9. In or about and between August 2010 and August 2011, the defendants WILLIAM F. BOYLAND, JR. and RYAN HERMON, together with others, corruptly solicited in excess of $250,000