Gerald Garson: Difference between revisions

Gerald Phillip "Gerry" Garson (born August 3, 1932) is a former New York Supreme Court Justice who heard matrimonial divorce and child custody cases in Brooklyn.^[5] He was convicted in 2007 of accepting bribes to manipulate the outcomes of divorce proceedings.^[6][7][1] Garson was imprisoned from June 2007 until December 2009.^[8]

In the bribery scheme, a "fixer" told people divorcing in Brooklyn that for a price he could help make sure their case was heard by a sympathetic judge.^[9] After the fixer received a payment, he would refer the person to a lawyer who had given Garson drinks, meals, cigars, and cash—expecting (and receiving) preferential treatment in return.^[9][10] The fixer and the lawyer would then bribe court employees to override the court's computer system, which was programmed to ensure that cases were assigned to judges randomly, and arrange instead to have the case assigned to Garson.^[9][11] Garson, in turn, would then privately coach the lawyer as to what questions he should ask of witnesses in court in the case before Garson, and what arguments the lawyer should make to Garson in court.^[12][13] Garson would then rule in favor of the lawyer.^[12][13]

Garson was indicted in 2003, on the basis of video surveillance of his judicial chambers, and recordings made on a body wire worn by his "favored" lawyer. The following year, however, six felony counts and two misdemeanor counts against Garson were thrown out.^[14][15] At his four-week trial in 2007, he was acquitted on a further four counts, but found guilty on one count of accepting bribes, and on two lesser charges of receiving rewards for official misconduct.^[6] He was sentenced in June 2007 to three to ten years in prison. In December 2009, after 30 months in prison, he was released for good behavior at the age of 77.^[16]

The New York Times, commenting on his conviction, observed: "It was news that confirmed every sneaking suspicion, every paranoid fantasy of anyone who had ever felt wronged in a divorce court."^[17]

Garson graduated from the University of Pennsylvania Law School.^[7] He is a U.S. Air Force veteran.^[18]

He founded a law firm named Gerber & Garson, on Court Street in Brooklyn, with Howard Gerber in 1962.^[18][19][20] The politically connected law firm is now known as Gerber & Gerber.^[21] In the 1970s and 1980s, Garson and his law firm had a lucrative practice representing owners of taxi fleets, defending taxi drivers and owners in negligence suits.^[7][3][22]

In 1984, Garson was censured by the state Appellate Division for "conferring gifts, gratuities and benefits", by giving an improper gift to a judge with whom he had a "long-standing social relationship".^[23][7][3] Garson and members of his firm regularly appeared before then-New York Civil Court Judge Frank Vaccaro.^[24][25][26] In 1972, Garson treated Judge Vaccaro and his wife to a weekend vacation at Kutsher's County Club in the Catskills, falsely registered the judge under an assumed name, and lied about the incident to investigators.^{[7][3][27][23]} Vaccaro, by then a New York State Supreme Court Justice, was suspended without pay for six months.^[23][26]

Garson was also Treasurer from the late 1980s until the mid-1990s for a political action committee arm of the Brooklyn Democratic Party, the Brooklyn Democrats. He was appointed by his former law practice colleague, Brooklyn Borough President Howard Golden.^[7][3][28]

In 1997, Clarence Norman Jr., a long-time Kings County Democratic Party leader, put Garson on the ballot for the New York Supreme Court, the highest state court below the appellate level.^[7] Garson won the Democratic primary, and then won the 1998 general election. He became a State Supreme Court Justice (the equivalent of county court) in "Matrimonial Part 5B" in the Municipal Building on Joralemon Street in Brooklyn Heights.^{[7][5][3][18][6][11]}

In an anonymous survey of lawyers, he was described as "always well prepared", and as having "excellent settlement skills."^[7] He was also rated "approved" by the local bar association.^[4] In 2001, he was applauded by feminists for ordering an Orthodox Jewish man to pay his ex-wife $500-a-week for life, because the man refused to grant her a religious divorce, or get.^[3][29]

In five years as a Justice in Brooklyn, with an annual salary of $136,700, Garson handled 1,100 matrimony cases, making decisions on child custody and dividing families' financial assets.^[6][30][11]

In October 2002, Frieda Hanimov, an Israeli émigré nurse and mother of three in a bitter child-custody dispute being heard by Garson called a hotline at the DA's Office.^[31] She complained that she had been told that her husband, Yuri Hanimov, had bribed the judge to fix the case through the lawyer Garson had appointed as law guardian for her children, divorce lawyer Paul Siminovsky.^{[7][12][32][11]} The woman had learned this when she herself met with Nissim Elmann, who was reputedly a "fixer" who arranged bribes in divorce and custody cases.^[6][12][11] Elmann told her that she was too late, inasmuch as her ex-husband had already paid a large bribe to receive a favorable ruling.^[6][12] Within days, the DA's Office had her wearing a wire and back meeting with and taping Elmann.^[11]

Garson was indicted and arrested in April 2003 outside of his Upper East Side apartment.^[11] The charges were that for years he accepted cash and other gifts from a lawyer who practiced frequently before him in divorce and custody cases as payment for preferential treatment, and for private coaching by Garson as to what questions to ask in court and what arguments to use in divorce cases the lawyer had before Garson, who would then rule in favor of the lawyer.^{[7][33][14][15][12][13][13]} Rules of judicial conduct prohibit judges from speaking with attorneys who have a case before them without the presence or permission of the opposing attorney.^[34]

Garson was suspended from the bench without pay on May 22, 2003, by the Court of Appeals of New York, and ultimately resigned and retired.^[35][36][37] In 2006, he received but rejected an offer to plead guilty to two minor felonies, in exchange for a 16-month sentence in a local jail.^[6] His trial was delayed as he sought treatment for cancer and underwent surgery, and while a pretrial ruling dismissing some of the charges against him was appealed by the prosecutors.^[5][38][18]

In April 2004, Judge Steven W. Fisher dismissed some of the case against Garson; six felony counts of receiving rewards for official misconduct in the second degree, which were based on rules of judicial misconduct, and two misdemeanor counts of official misconduct.^[14][15] The judge held that breaking those rules would not be a crime, but instead an issue to be decided by administrative discipline.^[14][15] The Second Department of the New York Appellate Division affirmed the dismissal of the charges against Garson.^[15]

Also charged with crimes linked to Garson were Siminovsky, as well as one of his clients, a court officer, a former Garson law clerk, and a "fixer".^[6][35] All were charged with felonies.^[6] Two long-time employees in the main court clerk's office who were not arrested were suspended without pay.^[39]

Siminovsky, who had a friendship with Garson going back to 2001, was arrested on February 25, 2003.^[35][40] Simonovsky, who appeared before Garson, spent an extraordinary amount of time with him outside of court, taking him out for lunches, dinners, and drinks, and in a November 18, 2002, recorded telephone conversation, told Elmann that he had just spent two hours getting Garson drunk, and that "[h]e'll do what we want."[1] Brought to the Fort Hamilton prison-like army base in Bay Ridge for questioning, he confessed to wrongdoing within half an hour and subsequently to bribery, and later pleaded guilty to a Class A misdemeanor for having given unlawful gratuities, and was promised a positive letter to his sentencing judge in exchange for his cooperation in Garson's prosecution.^{[6][5][41][42][43][11]} Within hours, he was wearing a hidden body microphone in a sting operation, as he joined Garson for lunch at the Archives Restaurant on Adams Street.^{[40][6][5][41][44][44][45]} He continued to wear it for weeks, as part of the sting.^[36] He lost his license to practice law, agreeing never to apply for reinstatement, and testified for 13 days at two trials.^[44][36] He ultimately helped prosecutors win guilty pleas or convictions from nine people.^[44] In June 2007, Justice Jeffrey Berry in State Supreme Court in Brooklyn sentenced him to a year in jail, the maximum sentence for the misdemeanor.^[44]

Ezra Zifrani and his daughter Esther Weitzner pleaded guilty in February 2004 to one misdemeanor conspiracy charge for giving $5,000 to an intermediary, Nissim Elmann, to influence Garson's handling of a custody dispute between Weitzner and her ex-husband involving their five children.^[46] They did not know, however, whether the money was actually paid to Garson.^[46] In exchange for their pleas and promise to cooperate in the investigation, they were each sentenced to 210 hours of community service and three years of probation in August 2007.^[47] They said that in November 2002 the intermediary "clearly implied" he was going to bribe Garson.^[46] Elmann, a Brooklyn electronics dealer and salesman, faced bribery and conspiracy charges.^[46][48]

In June 2004, Avraham Levi pleaded guilty to giving a "fixer" middleman $10,000 in December 2002 to get his case in front of and obtain favorable treatment from Garson.^[38][49][50] There was no evidence that the money ever made its way to Garson.^[11] In a surveillance videotape made in February 2003, in a private meeting in his chambers Garson gave Siminovsky detailed instructions as to how to argue a divorce case before him, and assured Siminovsky that if he followed them, "The worst possible scenario is a win."^[38][49] And that: "You're in good shape. You're a winner either way. And your schmuck [the husband] doesn't deserve it. She's [the wife is] [expletive deleted]."^[51] On tape, Garson told Siminovsky that he would award his client in the case, Avraham Levi, the rights to a house, and Garson used an expletive to describe how the decision would affect the client's estranged wife, Sigal.^[38] Garson dictated to Siminovsky the exact language he should use in a memo to Garson, and urged him to charge his client extra for the memo, saying "I am telling you, charge for it. This is extra; this was not contemplated; the judge made me do it.... squeeze the guy."^[38][11] Garson granted the divorce in January 2003, but did not have an opportunity to rule on the house because he was arrested beforehand.^[38] Justice Berry sentnced Levi to three months in jail, 150 hours of community service, and five years' probation following his release for his role in the corruption scandal.^[52]

Louis Salerno, a 24-year-veteran court officer who had been placed on modified duty, and Paul Sarnell, Garson's former senior law clerk who had retired in 2002, were tried in a five-week trial in August 2004 with taking bribes to steer Simonivsky's cases to Garson.^{[48][38][45][50][53]} Prosecutors charged that Elmann would send potential divorce clients to Siminovsky, who would would then enlist Salerno or Sarnell to steer his clients' cases, which were supposed to be assigned randomly, to Garson, whom Siminovsky had spent years cultivating with meals, drinks, and cigars.^[48] Garson, prosecutors said, fed Siminovsky arguments to use in court that he would rule favorably on.^[48] Salerno and Sarnell, prosecutors said, received thousands of dollars in cash, plane tickets, and plastic bags of electronic equipment from Elmann's warehouse for their efforts.^[48] Siminovsky testified at the trial that he slipped $2,000 into the court officer's pocket as they stood at adjacent urinals in a public courthouse restroom in Brooklyn, and the court officer was also accused of accepting a DVD player and a VCR from the lawyer in front of the courthouse.^[36][9] After Sarnell retired in 2002, prosecutors said, Salerno took over his role.^[48] Both men were charged with receiving bribes.^[48] The court officer was convicted of two felonies, bribe-receiving and receiving a reward for official misconduct, and sentenced to one to 4½ years in prison in August 2007.^[6][9][47]

Prosecutors said that when Siminovsky needed a case to come before Garson, Sarnell would go to an administrative clerk and tell her that Garson wanted the case reassigned to him.^[48] Sarnell's counsel maintained that anything improper Sarnell might have done was done on Garson's orders.^[9] Sarnell was acquitted of charges that he steered cases to the Garson in exchange for plane tickets to Florida and cameras, VCRs, and other electronic equipment.^[9][54]

In February 2005, Nissim Elmann, a Crown Heights, Brooklyn, wholesale electronics dealer with a business named "DVD Trading" on Brooklyn Avenue portrayed by prosecutors as a "fixer", pleaded guilty to seven felonies and six misdemeanors of bribery and conspiracy for arranging bribes in divorce and child custody cases for people in Brooklyn's Orthodox Jewish community.^{[41][50][54][11]} Elmann himself had appeared before Garson as a divorce litigant in 2000.^[12] He was accused of boasting in the Orthodox Jewish community in central Brooklyn, beginning in 2001, that for a price, he could help parties in divorce cases make sure their case was heard by a sympathetic judge.^[9] Elmann would then allegedly refer the parties to Siminovsky.^[41][50][39] Though he had asserted to potential clients that he had direct contact with Garson, evidence later showed only that he had contact with Siminovsky, and he himself later said he did not know the judge.^[11][55] He admitted to accepting thousands of dollars of cash and passing it to Siminovsky to arrange preferential treatment in for litigants in six cases before Garson.^[41][56] He was sentenced in August 2007 to 16 months to 5½ years in prison, with Judge Berry saying "Justice is not for sale".^[16][11][47] He was denied parole in 2008, and was not eligible to try again until July 2010.^[16]

As a result, divorce cases were reopened, as the state’s chief administrative judge for matrimonial cases received 50 motions to reopen cases that had been handled by Garson, of which three or four were granted a hearing and eventually settled.^[6][33][30] However, even in cases that involved both Garson and Siminovsky, rulings were not necessarily reviewed or overturned.^[17] Parties were required to demonstrate some likelihood that they had not received a fair trial in order to get a hearing.^[17] Criticizing a process that requires parties who do not have subpoena powers or wiretaps to prove corruption in each case, Kathryn Lake Mazierski, president of the New York State chapter of the National Organization for Women, said: "The burden of proof is going to fall on them to show the case is corrupted, and how are they going to do that?"^[17]

The system of nominating judges was ruled unconstitutional.^[6][33][35] Prosecutors complained of a "culture of corruption" in the court's matrimonial section, and Garson's case led to a widespread political and judicial corruption inquiry in Brooklyn.^[6][57]

The TV show Law and Order aired an episode entitled "Floater" on November 12, 2003, relating to a corruption scandal in Brooklyn Supreme Court in which a judge accepted bribes in return for preferential treatment.[2] The episode was "ripped from the headlines" of the Garson matter.[3]

After he was confronted with evidence that included surveillance videotapes from a video camera that the DA's Office had installed in his robing room chambers' ceiling pursuant to a December 9, 2002, warrant, Garson agreed to wear a wire to secretly tape conversations with Democratic Party leaders to gather evidence that a seat on the bench could be purchased with cash payments to Norman and the county Democratic Party.^{[58][3][50][59]}[4] But he was not successful in his effort to tape Democratic Party officials discussing buying and selling judgeships.^[7][48][5]

Norman, the Democratic Party leader who helped place Garson on the bench, was however convicted due to information that prosecutors say Garson provided, and sent to prison on corruption charges of extortion, soliciting illegal contributions from a lobbyist, and stealing $5,000 from his re-election committee.^[6][60] Garson was not successful in his effort to tape Democratic Party officials discussing buying and selling judgeships.^[7][11]

The audience for Garson's four-week trial, as The New York Times observed, "included a good number of displeased divorcées."^[6][35] The trial took place in State Supreme Court, on Jay Street in Downtown Brooklyn.^[6]

The Brooklyn district attorney Charles J. Hynes' chief of investigations, Michael Vecchione, prosecuted Garson.^[6] The prosecution alleged that Garson had an agreement with a divorce lawyer for Garson to take cash, dinners, and cigars in exchange for courtroom assignments and favored treatment.^[6]

Prosecutors provided financial records as evidence. They also provided video surveillance recordings from March 2003 showing Siminovsky handing Garson an envelope containing a $1,000 cash "referral fee" in the judge's robing room (which was in Garson's pocket a few days later, when he was arrested), as well as a $250 box of 25 Dominican "Romeo & Juliet" cigars—both of which had been supplied to Siminovsky by the DA's office as part of the sting operation.^{[6][30][35][49][61][62][63][10]}[6] Garson initially refused to accept the money and then tried to return the cash, and suggested that Siminovsky contribute it to his wife's judicial campaign instead, but Siminovsky threw the money back on the judge's desk, and said he would make the contribution as well, but told the judge to keep the cash.^[49][64][11] Garson picked up the money, tried to hand it to Siminovsky again, saying "I appreciate it. No, no, no... No," but then sighing put the money in his desk drawer.^[11][51]

At one point in the tapes, when they are improperly discussing the outcome of a pending divorce case, Garson assured Siminovsky. He said: "You know what? Justice is being done."^[49][34]

Garson told Siminovsky: "Just have [your client] deny a few things, like, ‘Did she give you money every day to deposit?’ ‘No.’ ‘Did she go to the bank every day? She said she went to the bank every day. Is that true?’ ‘No.’ ‘Did you ever, ever take any cash?’ ‘Absolutely not.’ ”^[40]

Siminovsky asked Garson if he would award the couple’s home to his client, to which Garson responded: "I’ll award him exclusive use on it".^[49] Garson coached Siminovsky as to how to examine a witness regarding the amount of money the wife made from a school she operated, saying: "You’ll put him on the stand. You go through, ‘In evidence is a record book kept by ba ba boom, there’s an average of so many students per month. The book indicates the approximate rate of $350–400 a month per student....’"^[49]

In addition, they provided testimony from Siminovsky.^[6] Siminovsky, disbarred as a lawyer, testified that he entertained the judge with lunches, dinners, and drinks, nearly always paying the bill, and gave him money and cigars, in exchange for favorable treatment and legal assignments.^[6][5][42] The prosecution alleged that before Siminovsky began cooperating with prosecutors, he had already entertained Garson more than 40 times, spending $3,149.^[5]

Vecchione said that he had asked Garson: "Why did you do this with Siminovsky? Why did you take care of him?", that Garson replied: "I like him, and he kind of reminded me of myself."^[11]

Garson was convicted in April 2007 of accepting bribes to manipulate the outcome of divorce proceedings (bribery in the third degree, a Class D felony, in violation of Penal Law § 200.10), and of two lesser charges of receiving a reward for official misconduct in the second degree (a class E felony; the lowest under New York law, in violation of Penal Law § 200.25).^[6][65] The jury acquitted him on four other counts of receiving a reward for official misconduct in the second degree.^[6][7] Additionally, Garson ceased to be an attorney and was automatically disbarred as a result of his felony convictions.^[8][8]

Following Garson's conviction, his lawyers pleaded for leniency on the basis of his reported alcoholism, bladder cancer, and other medical conditions.^[66]

On June 5, 2007, Acting Supreme Court Justice Jeffrey G. Berry, a visiting judge from Orange County, New York, imposed three consecutive sentences on Garson that cumulatively were between 3 and 10 years in prison.^{[58][67][35][68]} Garson cried in court, and said he was "profoundly sorry" for his actions.^[69][68] His lawyers tried to delay his sentence on account of his granddaughter's death and the care of his mentally retarded grown son.^[66][6][18] Berry rejected Garson's pleas for leniency, saying: "You should have been beyond reproach. The people of Brooklyn deserve more from you. You are not some bum. You’re an intelligent man. You went to Penn, and Penn Law School."^[70]

His lawyer also said he would appeal.^[6] He entered an alcohol detoxification program for six days, after which he surrender, ed at State Supreme Court in Brooklyn to begin serving his sentence on June 28, 2007.^[18]

Until May 2009, he was isolated in protective custody at the Mid-State Correctional Facility in Marcy, New York.^[8] From May 2009 on, he was in the general population at the Mid-Orange Correctional Facility in Warwick, New York, 60 miles north of New York City.^[8]

Garson was granted an early release from prison, obtaining parole six months before the term of his minimum sentence had run. He was granted parole in his first appearance before the New York State Parole Board, over the DA's Office's strong opposition, and released from a Harlem halfway house on December 23, 2009.^{[71][8][16][72]} He received early parole due to his completion of a substance abuse program, and good behavior.^[16] Conditions of his release included that through June 2017 he abide by curfews set by his probation officer, not associate with any law firms, not drink alcohol, and at the discretion of his parole officer attend an alcohol abuse treatment program and submit to substance abuse testing.^[16][8] A spokesperson for the Parole Board said it was relatively rare for nonviolent felons to receive parole the first time they appeared before the board, as only 21% did in 2008.^[16] If he had been denied parole, he would have had to wait an additional two years before he could re-apply.^[16]

Garson had appealed his conviction. But the appeal was denied on January 5, 2010, by the Supreme Court of the State of New York Appellate Division, Second Judicial Department.^[67][8][9] It said that the evidence of his guilt was "overwhelming".[10]

Garson has four children, and a number of grandchildren.^[18]

His second wife, Robin Garson, a Brooklyn Law School graduate, handled cases involving the elderly, was a volunteer election lawyer for the Kings County Democratic Committee, helping eliminate opponents from the ballot, and was on several county bar committees.^[7][73] In 2002 she was put up by the Democratic Party for Brooklyn Civil Court, a level below New York Supreme Court, and was elected a judge on the court.^[7][5][3] They have been married for more than two decades.^[19]

• "Surveillance video of Garson's chambers", February 5, 2003
• "In the Matter of the consideration of the suspension of Hon. Gerald P. Garson from the office of Justice of the Supreme Court of the State of NY, Second Judicial District, pursuant to NY State Constitution, Article 6, § 22 and Judiciary Law § 44, subd. 8", 2003 NY Int. 68, May 22, 2003
• "Felony Complaint", New York v. Garson, Criminal Court of the City of NY, County of Kings, April 23, 2004
• "Opinion", People v Garson, Supreme Court of the State of NY, Kings County, 2004 NY Slip Op 24139, 4 Misc 3d 258, April 29, 2004
• "In the Matter of the consideration of the suspension of Hon. Michael J. Garson from the office of Justice of the Supreme Court of the State of NY, Second Judicial District, pursuant to NY State Constitution, Article 6, § 22 and Judiciary Law § 44, subd. 8", 2005 NY Int. 80, May 20, 2005
• "Opinion", New York v Garson, Supreme Court of the State of NY, Appellate Division, Second Judicial Department, 17 A.D.3d 695, April 25, 2005
• "Opinion", New York v. Garson, March 30, 2006
• "Decision & Order on Motion", People v Garson, NY Appellate Division, Second Department, 2007 NY Slip Opinion 72105(U), June 20, 2007
• "Opinion", In the Matter of Gerald Phillip Garson, an Attorney, Respondent, Grievance Committee for the Second and Eleventh Judicial Districts, Petitioner, NY Appellate Division, Second Department, 2007 NY Slip Op 9227, 47 AD3d 148, November 20, 2007
• "In re: the Application of Gerald Garson, Petitioner, v. NY State Department of Correctional Services, Respondent", Supreme Court of the State of NY, Albany County, NY, 2008 NY Slip Op 28316, 21 Misc 3d 373, August 8, 2008
• "Order", People v Garson, NY Appellate Division, Second Department, 2010 NY Slip Op 171, 69 AD3d 650, January 5, 2010
• "Prosecuting Judges for Ethical Violations: Are Criminal Sanctions Constitutional and Prudent, or do They Constitute a Threat to Judicial Independence?, Abramovsky, Abraham; Edelstein, Jonathan I., 33 Fordham Urb. L.J. 727 (2005–06)