Charges, changes result from county LDC probe

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Robert Wiesner, the husband of Monroe County Executive Maggie Brooks and one of four people with connections to the county charged in an alleged bid-rigging operation, said the day after he was led into court in handcuffs that he remains unaware of any specific conduct that he allegedly had participated in. He also said he was not involved in the selection or awarding of any contracts.

Reading from a prepared statement Thursday afternoon, Wiesner said he can only conclude he is a target of political prosecution.

“In my 30 years in law enforcement I have never treated a defendant as I was treated yesterday,” Wiesner read. “It was a blatant and calculated act by the Attorney General’s Office to embarrass me, embarrass my wife and prejudice the case.”

Wiesner, accompanied by his attorney, James Nobles, spoke a day after a wild Wednesday afternoon — Brooks began with an appearance at the Rochester Business Association’s Top 100 business luncheon, but more than five hours later she was announcing changes in the operation of two of the county’s limited development corporations tied to the criminal investigation.

That includes severing all business relationships with a company headed by one of the men named in an indictment unsealed Wednesday, although Democrats in the County Legislature are calling for more to be done.

But, according to various media reports, Brooks, a Republican, refused to answer questions about her husband’s involvement in what the AG and state comptroller are calling an elaborate multi-million-dollar scheme.

Four men were arraigned and pleaded not guilty Wednesday afternoon before the Hon. Robert Noonan, acting Monroe County Supreme Court justice.

Daniel Lynch, 50, of Rochester, was charged with 25 of the 43 total felonies levied, including varying counts and degrees of grand larceny, money laundering and conspiracy. Lynch is president of Treadstone Development Corp. and a former sales executive of Siemens Building Technologies.

His bail was set at $25,000 cash or $50,000 bond.

Wiesner; former county Chief Information Technology Officer Nelson Rivera, 37, of Hilton; and John Maggio, 58, a Pittsford resident and owner of Navitech Services Corp.; also are facing charges. Each was released on their own recognizance.

Wiesner, 66, of Webster, is former director of security for the Monroe County Water Authority and a retired Rochester police captain.

Wiesner is facing two class E felony charges — two counts of combination in restraint of trade and competition — but as of Wednesday afternoon, attorney James Nobles said he had nothing specific on what his client allegedly did.

“All we know is what the charge is and they gave us a range from 2004 to 2012 when this allegedly occurred,” Nobles told the media after the court appearance Wednesday.

Nobles blasted what he called an inappropriate and illegal media advisory sent out Tuesday, alerting the media of the court appearance. The AG’s office denied the notice was illegal.

Nobles, who in court made a motion to dismiss the charges against Wiesner because he had not been given a written notice of an opportunity to testify, said the media notice possibly revealed the identity of individuals in a sealed indictment.

“This is a political indictment. There’s nothing to it,” Nobles said. “I’ve handled a number of high-profile cases in this community and I have never seen that many cameras or that many reporters at any particular location. It was, frankly, a set-up.”

The indictment alleges the four men colluded to steer county contracts to preferred vendors, including providing information not available to other companies that responded to requests for proposals, according to a joint statement issued by the state offices.

Upstate Telecommunications Corp., or UTC as it’s also known, is an LDC that was awarded a $99 million contract for upgrades to the county’s information technology systems and services over a 16-year period. The other LDC, Monroe Safety and Security Systems, or M3S, was awarded a $212 million contract over 20 years for county public safety and security improvements.

Navitech, a company the attorney general and comptroller say was created by Lynch and Maggio, managed both LDCs, according to comptroller audits looking into the county’s use of the LDCs that prompted the criminal investigation.

The LDC is a separate private corporation that is not normally subject to the same requirements and procedures as local governments when it comes to borrowing, procurements and other matters associated with a capital project. Supporters believe the arrangement can save taxpayers money, although critics point out that boards are supposed to oversee the LDCs, there is less oversight and transparency in the process.

“The process for awarding contracts is supposed to be fair, competitive and unbiased. Sadly, our investigation found that some local officials abused this crucial responsibility and rigged the process to steer county funds to favored corporations that spent money on country club golf outings, expensive sporting events and political contributions,” Attorney General Eric T. Schneiderman said in a prepared statement.

Brooks was joined at a press conference held after the Wednesday court appearances by former state attorney general and U.S. Attorney Dennis C. Vacco, who was hired by the county to lead an internal review of the projects in question.

According to a statement, Vacco’s review pointed out irregularities in Navitech’s role in serving as lead contractor for both LDC projects, prompting changes.

The LDC boards will sever all business relationships with Navitech. Also, the boards will terminate business relationships with any subcontractors clearly implicated in the investigation, although on a case-by-case basis.

Monroe County Director of Public Safety David Moore, a former Rochester police chief and city public integrity director, was appointed to oversee the governing boards of the LDCs.

County Legislature Minority Leader Carrie Andrews, D-Rochester, who said Democratic legislators have been stymied in a recent attempt to learn more about the details of the taxpayer-funded contract with Vacco as well by attempts to ensure better oversight of the LDCs that go back years, called on Brooks to recuse herself from the internal investigation.

“The county executive has a clear conflict of interest,” Andrews said.

Instead, information found by Vacco as well as future information that may turn up should be turned over to the full County Legislature, which also should oversee the LDCs, Andrews said.