Court Throws Out Bribery Charges Against Ex-NY Lawmaker in Case Linked to Opioids
Brook-Krasny's attorneys, James McGovern and Jonathan Coppola of Hogan Lovells, filed a motion to dismiss, arguing that the special prosecutor's office lacked jurisdiction to prosecute the bribery charges. Brook-Krasny wasn't accused of any crime in New York County, they wrote, and he was no longer accused of a narcotics crime.
December 06, 2019 at 05:47 PM
3 minute read
Former New York State Assemblyman Alec Brook-Krasny is escorted to his arraignment in Manhattan on April 13, 2017.
A Manhattan judge dismissed the final charges against former New York State Assembly member Alec Brook-Krasny during a hearing Monday, finding that she had no jurisdiction over alleged misdemeanor commercial bribery committed in Brooklyn.
In 2017, when the city's Office of the Special Narcotics Prosecutor announced a raft of charges connected with Brooklyn medical clinics alleged to have illegally distributed opioids, Brook-Krasny was charged with conspiracy and health care fraud, among other offenses. A second indictment arrived months later, charging Brook-Krasny with commercial bribery.
After a trial this summer, he was found not guilty of the first group of charges, but the jury failed to reach a verdict on the commercial bribery charges. Brook-Krasny has said he's innocent of all the charges.
Brook-Krasny's attorneys, James McGovern and Jonathan Coppola of Hogan Lovells, filed a motion to dismiss, arguing that the special prosecutor's office lacked jurisdiction to prosecute the bribery charges. Brook-Krasny wasn't accused of any crime in New York County, they wrote, and he was no longer accused of a narcotics crime.
The special narcotics prosecutor's office has jurisdiction over narcotics-related offenses across the city and any offense that can be properly joined with a narcotics offense, Assistant District Attorney Tess Cohen wrote in a reply to the motion.
Cohen argued that a judge had consolidated the two indictments in 2018 and the subsequent acquittal did not invalidate the joinder of the indictments.
According to a transcript of Monday's hearing, Justice Ann Scherzer disagreed.
"I don't see any way that this court has jurisdiction over a crime that was completed entirely in another borough," she said. "And I understand the people's argument regarding that at one point they were appropriately joined, but that's not the situation now."
Scherzer invited the prosecutors to turn the case over to the Brooklyn District Attorney's Office. A spokeswoman for the Office of the Special Narcotics Prosecutor declined to comment on whether the case is being referred, and a spokesman for the Brooklyn District Attorney's Office did not respond to the question.
McGovern also told Scherzer that a key cooperating witness lied in his testimony, asking her to issue a voluntary dismissal.
Cohen said her office would investigate the perjury claims. Scherzer, who was not the trial judge, said she assumed the special narcotics prosecutor would not refer the case to the Brooklyn DA unless Cohen and her colleagues felt it was merited.
A spokesman for the Brooklyn DA's office says the case has not been referred to Kings County prosecutors.
Meanwhile, Brook-Krasny is seriously considering civil litigation in connection with this case, McGovern said in an interview.
"He's very disappointed with the way this entire process unfolded," McGovern said.
The Office of the Special Narcotics Prosecutor was created by the state Legislature in 1971 amid a heroin epidemic. The special narcotics prosecutor is appointed by the city's five district attorneys; current Special Narcotics Prosecutor Bridget Brennan was appointed in 1998.
Read more:
After Headline-Grabbing Arrest, Former Assemblyman Tries to Unravel Indictments Against Him
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All![Judge in AGs' Suit Set to Block 'Chaotic' Trump Funding Freeze Judge in AGs' Suit Set to Block 'Chaotic' Trump Funding Freeze](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/07/3b/f5ca989c4c78b88ca04717405e37/us-district-court-district-of-rhode-island-767x633.jpg)
![Federal Judge Pauses Trump Funding Freeze as Democratic AGs Plan Suit Federal Judge Pauses Trump Funding Freeze as Democratic AGs Plan Suit](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/05/c1/4b31c175410eb4fb16ae25bb1b8c/bonta-james-platkin-767x633.jpg)
Federal Judge Pauses Trump Funding Freeze as Democratic AGs Plan Suit
4 minute read![Relaxing Penalties on Discovery Noncompliance Allows Criminal Cases to Get Decided on Merit Relaxing Penalties on Discovery Noncompliance Allows Criminal Cases to Get Decided on Merit](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/20/87/5a6699c749398b101be722b683c3/ap23032746325813-767x633.jpg)
Relaxing Penalties on Discovery Noncompliance Allows Criminal Cases to Get Decided on Merit
5 minute read![Bipartisan Lawmakers to Hochul Urge Greater Student Loan Forgiveness for Public-Interest Lawyers Bipartisan Lawmakers to Hochul Urge Greater Student Loan Forgiveness for Public-Interest Lawyers](https://images.law.com/cdn-cgi/image/format=auto,fit=contain/https://k2-prod-alm.s3.us-east-1.amazonaws.com/brightspot/96/93/ef01c99e4bab98928cd1b2581977/54266754699-f929904b4b-o-767x633.jpg)
Bipartisan Lawmakers to Hochul Urge Greater Student Loan Forgiveness for Public-Interest Lawyers
Law Firms Mentioned
Trending Stories
- 1ACC CLO Survey Waves Warning Flags for Boards
- 2States Accuse Trump of Thwarting Court's Funding Restoration Order
- 3Microsoft Becomes Latest Tech Company to Face Claims of Stealing Marketing Commissions From Influencers
- 4Coral Gables Attorney Busted for Stalking Lawyer
- 5Trump's DOJ Delays Releasing Jan. 6 FBI Agents List Under Consent Order
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250