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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X UNITED STATES OF AMERICA -v.LARRY SEABROOK, Defendant. : : : : S1 10 Cr. 87 (DAB)

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TRIAL BRIEF

PREET BHARARA United States Attorney for the Southern District of New York One St. Andrew’s Plaza New York, New York 10007 Karl Metzner Steve C. Lee Randall W. Jackson Assistant United States Attorneys -Of Counsel-

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------X UNITED STATES OF AMERICA -v.LARRY SEABROOK, Defendant. : : : : S1 10 Cr. 87 (DAB)

---------------------------------------------------------X TRIAL BRIEF The Government respectfully submits this Trial Brief to detail the evidence supporting the conclusion that defendant Larry Seabrook received a $4,000 kickback from a vendor that had been paid from the discretionary funds contracts that are at issue in Counts Four, Five, and Six of the Superseding Indictment. The documents supporting the Government’s argument are attached hereto as an exhibit. I. The Evidence Evidence admitted at trial has established the following: ● The African American Unity Day Parade is an entity associated with Councilman Seabrook that, during the time period charged in the indictment, advanced funds to pay expenses of nonprofit entities including the African American Legal and Civic Hall of Fame, Inc. (See, e.g., Tr. 475-76 (testimony of Philesha Jude)). ● On July 12, 2005, African American Unity Day Parade issued a check to Black &

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Gold Productions in the amount of $3,500. (GX 941). ● On August 12, 2005, African American Unity Day Parade issued another check to Black & Gold Productions, this time in the amount of $4,200. (GX 941). ● On September 27, 2005, Black & Gold Productions issued a check to Larry Seabrook in the amount of $3,000, which Councilman Seabrook deposited into his personal account. (GX 947). ● On November 11, 2005, Black & Gold Productions issued a check to Larry Seabrook in the amount of $1,000, which Councilman Seabrook deposited into his personal account. (GX 947). ● On June 15, 2006, African American Legal & Civic Hall of Fame submitted a request under DYCD Contract 18540D for reimbursement for two Black & Gold Productions expenses, $3,500 on July 5, 2005, and $4,200 on August 3, 2005. (GX 268). ● On October 4, 2006, African American Legal & Civic Hall of Fame issued a check to African American Bronx Parade & Festival, Inc. in the amount of $33,044.55. (GX 945). A memorandum from the Unity Day Parade identified the two payments to Black & Gold Productions in July and August of 2005 as bridge loans made to and to be repaid by the Hall of Fame.1

The Unity Day Parade memorandum has not yet been offered as an exhibit at trial, but the Government expects that it could be authenticated and offered through upcoming Government witness William Low. -2-

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A careful review of Councilman Seabrook’s bank records reveals no disbursements by Councilman Seabrook in the several months before or after he received the $4,000 from Black & Gold Productions that could be considered either advancements of such funds or the passing along of those funds to another entity. II. Conclusion The net result of these transactions was that the African American Legal and Civic Hall of Fame — an entity that, according to trial testimony, received all of its operating funds from contracts with New York City agencies — paid Black & Gold Productions $7,700, and that Black & Gold Productions paid Larry Seabrook $4,000 a few months later. Black & Gold Productions is a commercial vendor that has no apparent personal connection to the defendant. As a result, unlike with respect to Councilman Seabrook’s family members, any suggestion that these payments reflect personal affection or generosity cannot apply. The reasonable conclusion from these records is that Councilman Seabrook received a cash kickback from a city vendor, thereby personally enriching himself using the discretionary funds contracts that he directed to the Hall of Fame and that are the subject of Counts Four, Five, and Six of the superseding

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indictment. The Government respectfully submits that this evidence supports that conclusion, and that the Government should be permitted to ask the jury to so find. Dated: New York, New York June 29, 2012 Respectfully submitted,

/s/ Karl Metzner Steve C. Lee Randall W. Jackson Assistant United States Attorneys Tel.: (212) 637-2476/2314/1029

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Certificate of Service Filed Electronically The undersigned attorney, duly authorized to represent the United States before this Court, hereby certifies that on the below date, he served or caused to be served the following documents in the manner indicated: Government’s Trial Brief - June 29, 2012 Service via Clerk’s Notice of Electronic Filing upon the following attorneys, who are Filing Users in this case: Anthony L. Ricco, Esq. 20 Vesey Street New York, New York 10007 Tel.: (212) 791-3919 Fax: (212) 791-3940 Email: tonyricco@aol.com Edward D. Wilford, Esq. 20 Vesey Street New York, New York 10007 Tel.: (212) 528-2741 Fax: (212) 964-2926 Email: edwardwilford@aol.com Dated: New York, New York June 29, 2012

Respectfully submitted,

/s/ Karl Metzner/Steve Lee/Randall Jackson Assistant United States Attorneys

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