Damian Williams, the United States Attorney for the Southern District of New York, announced on December 11, 2023, that a federal jury found DIONISIO FIGUEROA, a/k/a “Dionicio,” an employee of the U.S. District Court for the Southern District of New York (“the SDNY District Court”), guilty of bribery, conspiracy, and false statements charges for his participation in a scheme in which he referred criminal defendants to a criminal defense attorney and encouraged those defendants to retain the attorney, all in exchange for cash bribes. The attorney pled guilty to all counts on November 16, 2023. FIGUEROA will be sentenced by U.S. District Judge Mae A. D’Agostino on April 8, 2024.
U.S. Attorney Damian Williams said: “Figueroa, a longtime clerk at the SDNY District Court, betrayed his employer, the public, and those who rely on the court to remain impartial. His actions violated his duties as a court employee, undermined the fair administration of justice, and undermined the work of the many good people in the courthouse who serve the criminal justice system with honesty and integrity. A federal jury has now held Figueroa accountable for his crimes. This verdict should remind public servants in positions of trust that if you betray the public, my Office will not hesitate to enforce the law.”
According to the Indictment, statements made in public court proceedings and filings, and the evidence at trial:
As a clerk in the SDNY Magistrate Clerk’s Office since in or about 2002, FIGUEROA was responsible for performing duties that included, among other things, making data entries regarding official case events in criminal cases, making summary entries of documents and proceedings on case dockets, and performing inquiries and furnishing information, either in person or by correspondence, regarding the status of cases. FIGUEROA also played a role with respect to the intake of criminal cases, including by preparing appearance bonds, advising defendants and their family members about the conditions of the bonds, and ensuring that appearance bonds were signed by all parties prior to a defendant’s release.
SDNY District Court personnel policies prohibited FIGUEROA from having outside employment that would pose a conflict of interest; receiving payments, gifts, or other benefits from persons having business before the District Court; and recommending particular attorneys to members of the public. FIGUEROA was also subject to the U.S. Courts’ Code of Conduct for Judicial Employees (the “Code of Conduct”), which cautioned judicial employees that “[a] number of criminal statutes of general applicability govern federal employees’ performance of official duties. These include: 18 U.S.C. § 201 (bribery of public officials and witnesses) . . . ” The Code of Conduct likewise admonished, among other things, that “[a] judicial employee should never influence or attempt to influence the assignment of cases, or perform any discretionary or ministerial function of the court in a manner that improperly favors any litigant or attorney, nor should a judicial employee imply that he or she is in a position to do so.”
TELESFORO DEL VALLE, JR., was a private attorney who had appeared in numerous federal criminal cases pending before the SDNY District Court.
Between at least 2011 and 2022, FIGUEROA and DEL VALLE engaged in a scheme whereby FIGUEROA used his position as an employee of the SDNY District Court to encourage criminal defendants to retain DEL VALLE to represent them in pending criminal cases. In return, DEL VALLE paid FIGUEROA a portion of the fees clients paid to DEL VALLE. Over the course of more than a decade, FIGUEROA referred at least 45 SDNY criminal defendants to DEL VALLE, and DEL VALLE paid FIGUEROA tens of thousands of dollars in referral fees. DEL VALLE paid FIGUEROA directly and through an intermediary who would pick up envelopes of cash for FIGUEROA from DEL VALLE’s law office. Many of the clients who ended up retaining and paying DEL VALLE were assigned free, court-appointed counsel. Nevertheless, FIGUEROA encouraged those individuals to change counsel, including by vouching for DEL VALLE’s abilities as a lawyer.
FIGUEROA and DEL VALLE were also charged with making false statements to law enforcement during the investigation. In November 2022, federal law enforcement agents separately interviewed both FIGUEROA and DEL VALLE. After advising each that lying to federal law enforcement agents is a federal crime, FIGUEROA and DEL VALLE each made materially false, fictitious, and fraudulent statements and representations in response to the agents’ questions. In particular, FIGUEROA denied making any referrals to DEL VALLE except on a small number of occasions concerning close relations or friends. He further denied ever having received payments from DEL VALLE for referrals. DEL VALLE, upon being served with a federal grand jury subpoena requiring the production of records from his law firm, falsely denied having any records reflecting client referrals from or payments to FIGUEROA or anyone else.
DEL VALLE pled guilty to all charges on November 16, 2023, and is scheduled to be sentenced by Judge D’Agostino on March 12, 2024.
FIGUEROA, 66, of New York, New York, was convicted of one count of conspiracy to bribe a federal employee and pay illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; one count of federal employee bribery, which carries a maximum potential sentence of 15 years in prison; one count of receiving illegal compensation as a judicial employee, which carries a maximum potential sentence of five years in prison; and one count of making material false statements, which carries a maximum potential sentence of five years in prison.
DEL VALLE, 65, of Leonia, New Jersey, was convicted of one count of conspiracy to bribe a federal employee and pay illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; one count of federal employee bribery, which carries a maximum potential sentence of 15 years in prison; one count of paying illegal compensation to a judicial employee, which carries a maximum potential sentence of five years in prison; and one count of making material false statements, which carries a maximum potential sentence of five years in prison.
The maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the Special Agents from the U.S. Attorney’s Office for the Southern District of New York.
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