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.against-
qN
ROBERTWIhSNHR,
Det'endant,
S'I'A'IH OF NEW
Y(}IT.K
) sf;.:
COUNTY OF
l.
I,IONROF.
I, Robert Wiesner. the undersigned defi:ndant, have becn charged in the County
Court of the State of New York, Monroe County, by Indictmenl Number l4-l136(AG). with the
crime of Combination in ltestraint of 'l'rade and Competition, a class "E" felony, in violation of
General lJusiness Law $$ 340 and 341, also knorvn as a violation of New York State's Donnelly
Act,
2.
satisfied with the representation provided to me by my attorney. I understand that t have a right
to have an attorncy throughout the prosecution and trial ofthese charges and
ifl
cannot afford an
3,
I have been advised of, and understand, the nature of the eharge against me, the
elements of the offbnse with which I am charged. and the range of permissible sentences.
4.
t3y pleading guilty I arn giving up the following fights, which I have discussed
with my attorney:
a.
by
l2-person
trial
community.
C ouA tlh'1,r'
\
\- at-ao r\,
r-
I understand that
by,
am giving up my right to
verdict
of l2 jurors
at trial.
if I have a defense
to this charge,
will
5.
States citizen,
my guilty plea may subject me to immigration proceedings and removal or deportation from the
Llnited States. I understand that the irnmigration consequences of my plea
separate proceeding bel'ore the irnrnigration
will
be imposed in a
ofibnse(s) regardless of any imrnigration consequences of nry guilty plea, even if my guilty plea
will
regardless of any immigration consequences of the plea. Accordingly, I waive any and all
challenges to my guilty plea and sentence based on any immigration consequences, and agree nol
to seek to withdraw my guilty plea, or to file a direct appeal or any kind of collateral attack
challenging my guilty plea, conviclion, or sentence, based on any immigration consequences
of
6.
Further, in oonsideration fbr and as part of the plea agreement in this matter,
hereby waive and relinquish my right to appeal from any judgment of conviction, and flom any
proceedings herein that may result from this prosecution.
I have executed
a waiver of right to
appeal form provided to me by the Office of the Attorney General. I have been advised of my
if I cannot afford
will
one.
be a contplete and
Court and having had a full and lair opportunity to discuss these matters with my attorney.
7.
I hereby' agree to enter a plea o1'guilty in accordance with the terms of the plea
olfer which has been made to me, having consulted with my attorney and having been advised of
8.
above.
"l'his agreement
will take effect when and if approved by the court presiding over
l4-l136(AG).
9.
'fhe defendant will plead guilty to the crime of Combination in Restraint of l'rade
and Competition, a class'uE" felony, in violation of Ceneral Business Law $$ 340 and 341. also
known as a violation of Nerv York State's Donnelly Act in full satisfaction of lndictment
Number l4-l136(AC).
10,
At the tirne of his plea, the defendant will allocute under oath and admit that the
facts contained in
12.
are true.
three-year conditional discharge on the date of my plea and rvaive any requirement of a presentence investigation between the dale of my plea and sentence.
13.
of
14.
I also understand that in accordance with this plea agreement,I will forfeit three
<Jate
represents illegal gain, including the acceptance of a discounted personal residential alarm
system and discounted monitoring services from 'fechnical Systems Group
15.
("]'sc"),
I understand that the Ncw York State Office of the Attorney Cieneral deerns rhis
plea agreement to cover ancl satisfy any criminal liability originating fiom my acceplance,and
receipt of said discounted personal residential alarm s.v-stem from l'SG and discounted
monitoring services for that alann system up to the date indicated on this agreement,
16.
I understand further that this plea agreement in no way releases me from any civil
17.
I understand that if'l rvas convicted after trial of the erime of Combination in
Restraint of 'l'rade and C'ornpetition. a class "E" I'elonv, in violation of Ceneral Business t,aw
$$
3'10 and
as a
maximum sentence of one-and-one-third to four years in State prison and a fine of one hundrecl
thousand dollars or double the amount of my gain from the crime, whichever was greater.
18.
I hereby agree to enter a plea of guilty in accordance with the terms of the plea
ofl'er which has been made to me. having consulted with my attorney and having been advised
of
19.
I understand these rights, and the terms and conditisns of this Plea Agreement,
which I have read completely. My plea of guilty is given freely, voluntarily, knowingly, and
without coercion of any kind. No threats or promises have been made to me to induce me to
plead guilty.
20.
I am nst under the influence of alcohol, drugs, or medication, nor is there any
other mental or physical impairment, which prevents me from understanding these proceedings
here or from entering this plea knowingly. intelligently and voluntarily. My mind is clear and my
judgment is sound.
21.
Agreed by:
Witnessed by,
DENNIS KEHOE
ACTINC MONROE COUN'TY COURT JUDGE
l.
2.
In or around 2007, I was the Director of Security for the Monroe County Water
Authority. I began working with Daniel Lynch ("Lynch")o then a Sales Executive at
Siemens Building'fechnologies, lnc. ("Siemens"), Nelson Rivera, the Director of
Information Services for Monroe County, and others to develop a comprehensive public
safbty and security plan tbr Monroe County ("the County") and the l\{onroe County
Water Authority ("MCWA") that, generally speaking, involved upgrading the County's
and MCWA's safbty and security systems (the "Publie Safety project"),
I was aware that Lynch and Rivera had previously set up a projcet involving upgrades the
County infbrmation technology systems, which was finaneed through a Local
Developnrent Corporation ("LDC") called Upstate Telecommunications Corporation
("UJ'C"). From the beginning of its development, the Public Safery project was designed
to modeled on a structure similar to the Ul'C project, namely, by using an LDC.
Because I was working with both Rivera and Lynch in developing the Public Satbty
project, I know that they were both aware of and involvecJ in the plan to use a structure
similar to the U'IC project, i.c.. an LDC, to Ilnance the project,
i
+.
In or around the summer or fail of 2008, I knew that Lynch planned to leave his job as a
forthe purpose of receiving the
assignment of the U'l'C contract liom Siemens and to obtain the contragt for the Public
Safety project.
Sales Executive at Siemens to start his own company
5,
In or around the summer or fbll of'2008, which was prior to the release of the Request for
Proposal for the Public Safbty project (the "ltFP") by the County on February 20,2009, I
knew that Lynch intended to submit a response to the RFP through this company that he
intended to form.
6.
7.
ln or around the lbll of 2008, prior to the rclease of the RFP, lvhich was on l;ebruary 20,
2009, I assisted l,ynch in assembling a team that would respond to the RFP, along with
Navitech, by, among other things, t-acilitating and hosting meetings in my office it the
MCwA with Lynch and f'echnical systems Group ("TSG") and John perrone, who
ultimately joined Navitech's response to the RFp.
8.
I know that by assisting l,ynch in assernbling the team that would help Navitech respond
to the RFP, prior to the release of the llFP. I was giving l-ynch and Navitech inside
infbrmation which resulted in an unfair advantage in what was supposed to be a
From approxirnately the sumnrcr or fall ol30L)8 through the date of the release ol'rhe
ItFP on Februar,v 20,20A9,l. along with Lynch, Rivera and others, assisted in drafting
0
the RFP. I attended meetings, with Lynch, Rivera and others in Rivera's office where
drafts of the RFP were discussed and distributed.
10. During the course of drafting the RFP, and prior to the release of the RFP, I provided
Lynch and other vendors that joined Navitech's response with specific infbrmation about
the MCWA's security needs thal other vendors did not have access to. I continued to
provide infbrmation and acivicc to Lynch and other vendors that joined Navitech's
rcsponse, that other vendors dicl not have access to, between the date of the release of the
I{FP on F-ebruary 20,2009 and the date responses were due on April 2, 2009.
I l. I knorv that by providing inside inl'ormation to l,ynch and other vendors that joined
Navitech's response prior to the release o1'the RFP. and continuing through the date
responses to the RFP were due, I was giving Lynch and Navitech an unfair advantage in
what rvas supposed to be a competitive bidding process.
12. I was on the Selection Comrnittee for the Public Saf-efy contract, along
execution of the Public Safety project, I attempted to gain employment through Navitech.
15, Following the award of thc contract to TSC. a subcontractor to Navitech on the public
Safety project, I accepted a discounted personal residential alarm system from 1'SG,
I understand that my actions as described hcrein violated Ceneral Elusiness Larv S{i 340
and 341, also known as Nerv York State's Donnelly Act.