‘COUNTY COURT OF THE STATE OF NEW YORK COUNTY 07 MONROE ‘THE PEOPLE OF THE STATE OF NEW YORK against: 2 REEMENT & ALLOCUTION DANIEL LYNCH, Defendant, STATE OF NEW YORK) js COUNTY OF MONROE) 1. 1,Daniel Lynch, the undersigned defendant, have been charged in the County Cour of the Siac of New York, Monroe County, by Indictment Number 1007AG/13 (the “Indictment”, with the crimes of Grand Larceny in the Second Degree, a class “C” felony, in violation of Penal Law § 155.40(1) (two counts)'; Money Laundering inthe Second Degree, a class “C” felony, in violation of Penal Law § 470.15(1}(b)iH)(A) and ii) (two counts); Grand Larceny in the Third Degree, a class “D” felony, in violation of Penal Law § 155.35 (six counts); ‘Money Laundering in the Third Degree, a class “D” felony, in violatien of Penal Law § -470.10(1)(b)((A) and (ii) (one count); Conspiracy inthe Fourth Degr, a class “E” felony, in violation of Penal Law § 105.10(1) (one count; Falsifying Business Records in the First Degree, ‘8 class “E" felony, in violation of Penal Law § 175.10 (two counts); aad Combination in ony, in violation of General Business Law §§ Restraint of Trade and Competition, « has '340 and 341, als known as a violation of New York State's Donnelly Act (four counts). "Ina decision andor dated Api! 28,2015, he Cou severed count 19 ffm he rect ofthe oun in Indictment Number 1007AG/13. Count 19 charges Grand Larceny inthe Second Degree and sone of the two Grand Larceny inthe Second Degree charges referenced hen. Although severed this pes aprement includes a plato Count 19 spr ofthe agreement betwen he Cou sn feat Ly, agreed Byte OMMGe Of he Alor) (Genera.2. Myattomey is Michael Schiano, who is present in court with me today. Jam satisfied with te representation provided to me by my attorney. I understand that I have aright ‘to have an atlomey throughout the prosecution and trial ofthese charges and if I cainot afford an attomey, one would be appointed for me. 3. Thave been advised of, and understand, the nature ofthe charges against me, the clements ofthe offense with which I am charged, and the ange of permissible sentences, 4. By pleading guilty lam giving up the following rights, which I have discussed with my attorney: ‘ Tunderstand that by pleading guilty Tam giving up my right toa trial by a 12-person jury drawn from a broad cross-section of the community . Tunderstand that by pleading guilty Iam giving up my right to have the People produce witnesses to testify against me, « Tunderstand that by pleading guilty Tam giving up my right to have Imy attomey cross-examine any witnesses who may testify against 4, understand that by pleading guilty I am giving up my ight to have iy attorney produce witnesses to testify for me. ©. (understand that by pleading guilty I am giving up my right to remain silent and my right to either testify or not testify at til ‘fT understand that by pleading guilty Tam giving up my right to have the People prove my guilt beyond a reasonable doubt by a unanimous verdict of 12 jurors at trial | understand that by pleading guilty my plea will operate just like a conviction of guilty after a jury tril. h. ‘understand that by pleading guilty, fT have a defense tothis charge, ‘am giving up my right to present that defense attraunderstand tat by pleading guilty Iam giving up my right to claim ‘thatthe police did anything illegal in regard to this charge, and my right to a hearing to determine if that police conduct was, in fat, illegal. ‘have been advised of and understand that lam pleading gully oa felony, and if am found guilty ofa second felony within ten years, willbe sentenced to aState Correctional Facility asa Second Felony Offender fora maximum and minimum peti of time 5. acknowledge that I have consulted with my attomey about the immigration ‘consequences of my guilty plea, and have been advised that if | am not a United States citizen, ‘my guilty plea may subject me to immigration proceedings and removal or deportation from the United States. understand thatthe immigration consequences of my plea will be imposed in a ‘separate proceeding before the immigration authorities. 1 wish to plead guilty tothe charged ‘offense(s) regardless of any immigration consequences of my guilty plea even if my gully plea ‘will cause my removal from the United States. T understand that Iam bound by my guilty plea regardless of any immigration consequences of the plea. Accordingly, 1 waive any and all challenges to my guilty plea and sentence based on any immigration consequences, and agree not to seek to withdraw my guilty plea, oro file a direct appeal or any kind of collateral attack challenging my guilty plea, conviction, or sentence, based on any immigration consequences of my guilty plea, 6. Further, in consideration for and as part of the plea agreement inthis matter, 1 hereby waive and relinquish my right to appeal from any judgment of conviction, and from any proceedings herein that may result from this prosecution. I have executed a waiver of right to. ‘appeal form provided to me by the Cffice of the Attomey General, I have been advised of my right to appeal, my right to be represented by an atlomey on appeal, and my right to have an attomey assigned for me on appeal iI cannot afford one. It is my understanding and intention, that the plea agreement in this mater will be a complete and final disposition of the matter. 1 ‘make this waiver knowingly and voluntarily after having been fully advised of my rights by the Court and heving had a full and fair opportunity to discuss these matters with my atomey.7. Thereby agree to enter a plea of guilty in accordance with the terms ofthe plea offer which has been made to me by the Court and agreed to by the Office ofthe Attomey General, having consulted with my attorney and having been advised ofall of the rights listed above, 8. This agreement will tke effect when and if approved by the court presiding over People v, Daniel Lynch, Menroe County Indictment Number 1007AG/13. 9. Notwithstancing that count 19 of Indictment Number 1007AG/13 was ordered severed from the remaining counts and set ona separate tial schedule, I consent to consolidation of all remaining charges agsinst me that originated in Indictment Number 1007AG/13, for purposes of disposition pursuant to this agreement 10, I will plead guilty to four counts ofthe Indictment, in ull satiation of Indictment Number 1007AG/13. Specifically, I will plead guilty to count two of the Indictment, (Combination in Restraint of Trade and Competition, a class “E” felony, in violation of General Business Law §§ 340 and 341, also known asa violation of New York State's Donnelly Act; ‘count four of the Indictment, Combination in Restraint of Trade and Competition, a class “E” felony, in violation of General Business Law §§ 340 and 341, also known as a violation of New ‘York State's Donnelly Act; count five ofthe Indictment, Grand Larceny in the Second Degree, 8 ““C” felony, in violation of Penal Law § 155.40(1); and count 19 ofthe Indictment, Grand Larceny in the Second Degree, aC” felony in violation of Penal Law § 155.40(1) iits A, B, C and D to this agreement and by signing this plea agreement I admit thatthe fats contained in Exhibits A, B, C and D to this agreement are tue, 11, Thave reviened Ex 12, Atthe time of my plea, I will allocute under oath and admit thet the facts contained in Exhibits A, B,C and D to this agreement are true. 13, understand that in accordance with this plea agreement, I wil be sentenced to an indeterminate term of two-and-one-third to seven years in state prison on counts five and nineteen, and to an indeterminate term of one-and-one-third to four years in state prison on ‘counts two and four, The sentences to be imposed on counts five, nineteen, two and four shall all run concurrent with each other.14, Further, I understand that in accordance with this plea agreemens Iwill pay 8 total amount of $600,083.70 (six hundred thousand eighty-three dollars and seventy cents) restitution and forfeiture 15, Aspar ofthe $600,083.70, I agree to pay restitution to Monroe County in the ‘amount of $200,063.70 (two hundred thousand eighty-three dollars and seventy cents) and I will ‘waive my right to a restitution hearing. Iwill make restitution as follows: (@) On or before the date of my plea, I will provide $180,000 (one hundred eighty ‘thousand dollars) to my attorney for deposit into his eserow account where it will remain until ‘my sentencing date (©) Iwill provide the remainder of the restitution in the amount of $20,083.70 (twenty thousand eighty thee dollars and seventy cents), for a total of $200,083.70, to my attorney for ‘deposit into his eserow account, prior to my sentencing date (©) Onor before the date of my sentencing, my attorney will provide an escrow check for the fall amount of restitution in the amount of $200,083.70 (two hundred thoussnd eighty-three dollars and seventy cents) o Monroe County 16, Furher, in accordance with this plea agreement, on or before thedate of my sentencing, as partof the total amount of $600,083.70, I will execute a forfeiture agreement and stipulation where | agree to forfeit $400,000.00 (four hundred thousand dollars}, which ‘epresents a percertage of my earnings from Navitech from approximately 2005 through 2013, 1s follows: (© Lill immediatly liquidate the following accounts and provide the total amount receive from those account to my atomey fo deposit nto his escrow account {immediately upon ecept and prior to my sentencing date: (Morgan Stanley Retirement Account (401K) with an estimated current value of $335,000.00 as of February 9, 2016, an an estimated gross dstribuion of $194, 300.00 after Federal and State Taxes and penalties are withheld (LPL Financial Retirement Account (401K) with an esticted current value of $118,000.00 as of February 9, 2016, and am estimated grossdistribution of $68,440.00 after Federal and State Taxes and penalties are withheld? (8) I will provide the $25,000 (twenty-five thousand dollars) that I used to seeure bail in this matter to my attomey for deposit into his escrow account as soon asthe release of that bail money is approved by the Office ofthe Attomey General; (©) Atleast three weeks prior to my sentencing date I will provide the Office of the ‘Attomey General with a'swor affidavit which provides an accurate and complete ing of my assets in whatever name and by whomever held and ‘wherever situated. "Assets" means any interest, director indirect, in any real or personal property, any valuable right and any thing of value whatsoever (“financial disclosure affidavit") (@ On or before the date of my sentencing, my attorney will provide an eserow check for the amount received rursuant 10 16(a) and 16(b) to the Office ofthe Attorney General, to be disposed of in accordance with the provisions of CPLR Section 1349. (© If, after completing the acts described in { 16, have not provided the full $400,000 forfeiture, and the Office ofthe Attorney Genera is satisfied that lam unable to pay’ ‘that remainder of the $400,000 based on the submission of the financial disclosure affidavit referenced in 16(c), I agree to pay the remainder ofthe $400,000 forfeiture ‘within five years from the earliest of the following, (i) my release from incarceration from a New York State Department of Corrections and Community Supervision facility, (i) a grant of work release, and/or (if) grant of parole, and will enter into a forfeiture agreement end stipulation as such that willbe filed with the Monroe County (Clerk asa judgment pursuant to Criminal Procedure Law § 420.10(6) written acco ® Some of the funds rom his account wil go towards the $200,089.70 jn resation set forth in $15; the remainder wil go towards the freture amount set fet in 16 617. Tunderstand further that tis plea agreement in no way releases me from eivil liability that I may have. 18. I understand thatthe Office of the Attomey General will not pursue a civil ation ‘pursuant to General Business Law §§ 340 and 341 against me for actions described in counts one through four of the Indictment. 19, understand that if| was convicted after trial ofthe top count of th Indictment (a class “C” felony) [could have faced a maximum sentence of five to fifteen yearsin State Prison and a fine of five thousand dollars or double the amount of my ain ftom the erime, whichever ‘was greater. Moreover, I understand that if] was convicted after tril of the crime of CComtination in Restraint of Trade and Competition, a class “E” felon ‘Business Law §§ 340 and 341, also known asa violation of New York State's Donnelly Act, I could have faced a maximum sentence of one-and-one-third to four years in State prison and a fine of one hundred thousand dollars or double the amount of my gain from the erime, whichever ‘was greater. I understand that if was convicted after tral ofall or some ofthe ecunts ofthe Indictment, I could have faced a sentence of up to ten to twenty years in state prison. 20. Thereby agree to enter a plea of guilty in accordance withthe terms of the plea ‘offer which has been made to me, having consulted with my attorney and having been advised of all of he rights listed above. 21. Tunderstand these rights, andthe terms and conditions ofthis Plea Agreement, ‘hich have read completely. My plea of guilty is given feely, voluntarily, knowingly, and ‘without coercion of any kind, No threats or promises have been made to me to induce me to plead 22, Tam not under the influence of alcohol, drugs, or medication, nor i there any ‘other mental or physical impairment, which prevents me from understanding these proceedings here ot from entering this plea knowingly intelligently and voluntarily, My mind's clear and my Judgment is sound,23, This agreement's limited to the Office of the New York State Attomey General and cannot bind other goverment agencies, Dated: Rochester, New York 2016 g Realy Le LYNC| Defendant ‘Agreed Ma iam A dean ASSISTANT ATTORNEY GENERAL. PUBLIC INTEGRITY BUREAU 'SCHIANO, ESQ. ‘Ntomey for Detar ‘The above is hereby approved by, 10 ‘KEHOE ‘ACTING MONROE COUNTY COURT JUDGEEXHIBIT A FACTUAL ALLOCUTION COUNT TWO From approximately 1998 through March 2009, I was a Sales Executive at Siemens Building Technologie, In. (“Siemens”), >. In or around 2004, I developed a project with Nelson Rivera (“Rivera”), then the Monroe. ‘County (the “County”) Chief Information Officer, and others, involving upgrades to the ‘County information technology systems (the “IT project"). From its inception, the ‘project was intended tobe financed through the use of a Local Development Corporation (LDC). During the development ofthe IT project, and prior to the release of any Request for Proposal forthe IT project (the “RFP") on June 18, 2004, I intended to submita response to the RFP through my employer, Siemens. In addition to developing the IT project with Rivera and others, also participated in drafting the RFP. 1 attended meetings with Rivera at his County office locatec at 50 ‘West Main Street, in Monroe County, where we worked on drafting the RFP. Rivera also provided copies of draft RFPs to me to review. I therefore had knowledge of the CCounty’s requests and requirements forthe IT project that no other responding vendor had. Specifically, before the release ofthe RFP, Rivera provided me with specific information about the scope ofthe county hardware inventory that would be replaced and/or maintained as part ofthe project. [know that by developing the IT project with Rivera and others and receiv information regarding the County's requests and requirements forthe IT other responding vendor had, dhat Siemens and Id au uns advantage supposed to bea competitive process. From the beginning of its development, the IT project was designed to be financed through an LDC. It was my idea to use an LDC to finance the IT project and {planned to include the use of an LDC in Siemens’ response to the RFP. |, along with others, formed Upstate Telecommunications Corporation LDC (“UTC”) ‘months before the elease ofthe RFP tobe the financing mechanism forthe IT project. UTC was incorporated in or about May 2004, The RFP was released tothe public on Tune 18, 2004 and contained no reference to the County's plan to utilize an LDC to ‘finance the project. knew thatthe IT project contract would be awarded to Siemens because of my plan to ‘use UTC to finance the project. The award of the contract to Siemens was predetermined,10, Retween the issuance of the REP on June 18, 2004, and the due date for responses on July 22, 2004, Rivera and others assisted me in responding to the RFP by providing information and advice regarding Siemens” RFP response. 11. Liaw that by receiving inside information from Rivera and others between the date of the release ofthe RFP through the date responses to the RFP were due, Siemens and I had sn unfair advantage in what was supposed to be a competitive bidding process. 12, The Siemens response to the RFP was offically selected as the winning bid forthe IT project. Business Law §§ 340 and 341, also known as New York State's Donnelly Act. 10EXHIBIT B FACTUAL ALLOCUTION COUNT FOUR 1, From approximately 1998 through March 2009, I was a Sales Executive at Siemens Building Technologies, Ine. Siemens"). 2. In or around 2004, I developed a project with Nelson Rivera (“River”) then the Cie? Information Officer of Monroe County, and others, involving upgrades tothe County information technology systems, which was financed trough a Local Development Corporation (“LDC called Upsate Telecommunications Corporation (*UTC") (the “UTC project" 3, In oraround 2006, |, along with Rivera, Robert Wiesner (“Wiesner”), the Director of ‘Security for the Monroe County Water Authority (°MCWA"), and others, began Geveloping « comprehensive public safety and security plan for the County and the MCWA that, generally speaking, involved upgrading the County's and MCWA's safety and security systems (the “Public Safety project”). 4, From the beginning ofits development, the Public Safety project was designed to be financed through an LDC, just ike the UTC project had been. It was my idea to uilize an LDC as a financing mechanism forthe Public Salety projec. ‘5. From the outset, I was intricately involved in the development of the Public Safety project because of my knowledge and experience in forming and utilizing an LDC to finance a large project. 6. Inor around the summer or fall 2008, I planned to leave Siemens to start my own ‘company forthe purpose of receiving the assignment of the UTC contract from Siemens ‘and to obtain the contract forthe Public Safety project. 7. nor around the summer or fall of 2008, which was prior o the release of the Request for Proposal forthe Public Safety project (the “RFP”) by the County on February 20, 2008, 1 intended to submit a response to the RFP through this company tha | intended to form, 8, I formed Navitech Services Corporation (*Navitech”) which was incorporated on or about December 1, 2008, forthe purpose of receiving the assignment ofthe UTC contract from Siemens and to obain the contract for the Public Safty project. 9. Inor around the summer or fall of 2008, I along with Rivera, Wiesner and others began ‘rafting the Request for Proposal fr the Public Safety project (the “RFP”. 10, Despite my plan to submit a response tothe RFP, between the time we started drafting the RFP in the summer of 2008 and the date the RFP was released on February 20, 2009, | communicated regularly with Rivera, Wiesner and others regarding the drafting ofthe RFP. [also regularly attended meetings with Rivera, Wiesner and others during this time Period, often in Rivera's County office located at 50 West Main Street in Monroe‘County, where drafts of the REP were handed out and discussed. [had draft RFPs in my ‘possession prior to the RFP release date of February 20, 2008. 11. Lknow that by receiving this inside information from Rivera, Wiesner and others prior to the release of the RFP, I had an unfair advantage in what was supposed to be a competitive bidding process. 12 1 knew thatthe RFP would include ten components to the Public Safety project. In or round the fll of 2008, prior o the release of the RFP, with the assistance of Wiesn began assembling the team that would join Navitech’s response tothe RFP, thus en "Navitech to thoroughly respond to all ten components of the RFP. T know that ‘assembling the team to respond to the RFP months before the RFP was released and ‘months before other vendors even knew there would be ten components to the RFP, "Navitech and I had an unfair advantage in what was supposed tobe a competitive bidding process. 13, Between the time we started drafting the RFP in the summer of 2008 and through atleast January 2008, the REP drafts explicitly stated under several different provisions thatthe County intended to utilize an LDC mode! to finance the Public Safety project, I knew that any reference to “LDC” would be removed prior tothe final RFP being released to the public. 14. know that by removing that specification from the RFP, no responding vendor (except for Navitech, because I had been privy to that inside information and because utilizing an LDC was my idea from the outset) would know to respond tothe RFP by utilizing an [LDC asa financing model, even though that was the County's preference and plan. 1 ‘know that this gave Navitech and T an unfair advantage in What was supposed to be & ‘compatiive bidding process. 15, Between the date of the release ofthe RFP on February 20, 2006, and the date responses ‘were due on April 2, 2009, [continued to receive information from Rivera and Wiesner ‘that other vendors did not have access to, and I know that this gave Navitech and I an “unfair advantage in what wns supposed to be competitive hidding process. 16, On orabout April 2, 2009, Navitech submitted its response to the RFP, Navitech was the ‘only vendor whose response included the use of an LDC model to finance the project, ‘and who responded to all en components ofthe RFP. 17. On orabout April 28, 2009, Navitech was awarded the Public Safety contract, Iknew prior this date that Navitech would be awarded the Public Safety contract. The award ‘of the contract to Navitech was predetermined. 18, As planned from before Navitech was formed and as proposed ia Navitech's RFP. ‘response, I and others worked together to form the Monroe Security and Safety Systems Local Development Corporation, also known asthe M3S LDC as a way to finance the Public Safety project. R19, Following the award of the Public Safety contract to Navitech on April 28, 2009, the contract had to be approved by the County Legislature before being finalized. 20, Lknow that the Legislature asked about my role with Navitech during the approval process, I directed others, including John Maggio (“Maggio”), to minimize my role at Navitech tothe Legislature, because {had been so intricately involved inthe development ofthe Public Safety project and the drafting of the RFP. 21, Similarly, 1 was not listed as having any ownership interest, title or position with ‘Navitech in order to hide my actual role at Navitech. In realty, I was heavily involved in the day-to-day operations and strategic decision making of Navitech, 22. The contracts between the County and M3S and M3S and Navitech were ultimately approved by the Legislature. 23, 1 continued to be involved in the day-to-day operations and strategic decision making of "Navitech during the execution of the Public Safety project. 24, n or around the July 0 208, 1 incorporated Treadstone Development Corporation. Maggio advised me regarding the formation of Treadstone but was never an officer or employee of Treadstone. 1 was the sole Treadstone employee. 25. Although I was technically paid through Treadstone for my work on the Public Safety ‘project, all of the funds from which I was paid came directly from Navitech, 26. Moreover, on several occasions, eventhough I was not an employee or officer of "Navitech, I would request payment from Navitech directly for reimbursement of expenses. 27. Eventually, Maggio and I agreed that we would split the profits of Navitech equally. 28. For tax purposes, Navitech had no profits, and any profit from the UTC and Public Safety contracts was split between Maggio and I pursuant to our agreement, 29, During the course of Navitech’s existence, I was paid over 2 million dollars by Navitech. 30,1 understand that my actions as described herein violated General Business Law §§ 340 and 341, also known as New York State's Donnelly Act.EXHIBIT C FACTUAL ALLOCUTION COUNT FIVE From approximately 1998 through March 2009, I was a Sales Executive at Siemens Building Technologies, inc. (“Siemens”), In or around 2004, I developed a project with Nelson Rivera (“Rivera”), then the Monroe. ‘County (the “County”) Chief Information Officer and others, involving upgrades to the ‘County information technology systems (the “IT contract”) which was financed through a Local Development Corporation (“LDC”) called Upstate Telecommunications Corporation (“UTC”). UTC contracted with Siemens to manage and implement the IT contract. |. was involved in the day-to-day operations of Siemens’ management of the IT contract ‘and was aware of all contracts involved inthe project, including the scope of those contracts. Catalog and Commerce Solutions, LLC ("CCS") is a corporation that provides website design, hosting and maintenance services. In approximately February 2005, CCS entered into @ contract with UTC to provide technological support tothe County, specifically regarding the redesign and maintenance of the County's website From approximately October 2005 through April 2009, | engaged in a scheme to defraud, ‘pursuant toa singe intent, involving the ereation of false or inflated contacts between CCCS and Siemens and between CCS and UTC forthe purpose of stealing money ftom ‘those false or inflated contac to use for my personal benefit or the benefit of others. Specifically, !would come up with a contract value, present that value to CCS employee, and ask that employee to prepare a scope of work for a contract between Siemens and CCS or between UTC and CCS. The contract value that I created would ther exceed the value of what CCS would normally charge forthe work involved in that scope of work or in some cases the contract value would be created fora totally duplicative scope of work. I would then facilitate and negotiate contracts between Siemens and CCS or UTC and CCS based on the CCS employee’s scope of work and the contract value I created, representing thatthe work was necessary and worth the amounts ofthe contrac. Because ofthe structure of the IT project, particularly the use of an LDC to finance the IT ‘project, I knew that there would be little to no oversight over contracts with subcontractors and I took advantage ofthat lack of oversight by creating inflated or false contracts with CCS for my own benefit or the benefit of others. ‘Some of the inflated or false contracts I facilitated as part of this scheme include: ‘a A professional services agreement between CCS and UTC entered into on or ‘about December 22, 2005, under which CCS was to be paid $40,000.00 to “investigate and provide an outline for business opportunites that leverage County assets to provide electronic services packages to citizens and businesses, know that the $40,000 contract price that I created for this contract was an inflated number for the scope of work inthe contract. ’. A consulting agreement between CCS and Siemens entered into on or about ‘March 29, 2006, under which CCS was to be paid $70,000 to research E- ‘government opportunities with the County, develop a website for UTC, and develop and provide printed and marketing materials 1o Siemens relatig to the UTC project. Iknow that the $70,000 contract price that I created for his Contract was an inflated number forthe scope of work inthe contract, Moreover, 1 know that a website for UTC was not developed under this contract and that no printed or marketing materials were created, ‘c. A professional services agreement between CCS and Siemens entered into on or about February 7, 2007, under which CCS was to be paid $30,000 annually for a period of five years to manage UTC’s website and to develop a project ‘management website for UTC. I know that contract price that I created for this ‘contract was an inflated number forthe scope of work inthe contract, 1 also ‘know that a project management website for UTC had been ereated by CCS years prior to this contract. This contrac, although entered into for five years, was not renewed after two years because the IT contract was transferred from Siemens to Navitech Services Corporation ("Navitech”). 4. A professional services agreement between CCS and Siemens entered into on or about December 19, 2007, under which CCS was to be paid $40,000 for the development of project management suite forthe support of Siemens and UTC- ‘managed projects. [know that this contract was duplicative of previous contracts ‘and work performed on the IT project and that no services were provided under this contract. 10, As part ofthis scheme, I used the proceeds ofthe inflated or false contracts for my 1 ‘benefit or the benefit of others as follows: Siemens or UTC paid CCS the price of the ‘contracts previously described. I would then direct the CCS employee to write checks or ‘make debit card purchases from the proceeds of the inflated or false contracts. Between approximately May 2006 and April 2009, I directed the CCS employee to make payments from the stolen proceeds to individuals and entities including, but not limited to, the ‘Monroe County Republican Housekeeping account, John Maggio, Navitech, Friends of “Maggie Brooks, the Northstar Christian Academy golf classic, Golisano Child:en’s Hospital, and myself. 1 also made or directed purchases be made for items for myself or others, including but not limited to televisions a personal home computer, and a home ‘alarm system, | know that UTC paid Siemens forthe value ofthe contracts and that the County ultimately paid UTC for the value ofthese contracts. Iknow, therefore, that I stole ‘County money through the scheme I deseribed herein 1512, Through the scheme described herein I stole $125,083.70 from Monroe County. 13.1 understand that my actions as deseribed herein violated Penal Law § 159.40(1). 16EXHIBIT D FACTUAL ALLOCUTION COUNT NINETEEN 1, From approximately 1998 through March 2009, I was a Sales Executive at Siemens Building Technologies, Inc. (“Siemens”). 2. Inor around 2004, | developed a project with Nelson Rivera ‘Rivera, then the Monroe County (the “County”) Chief Information Officer, and others, involving uperades tothe County information technology systems (the “TT contract”) which was financed through a Local Development Corporation (“LDC”) called Upstate Telecommunications Corporation “UTC 3. UTC contracted with Siemens to manage and implement the IT contract. 4. Twas involved in the day-to-day operations of Siemens’ management of the IT contract ‘and was aware ofall contracts involved inthe project, including the scope of those contracts, 5. In approximately December 2007, as an amendment to the IT contract, the County entered into an additional contract with UTC to replace and standardize the County's copier systems and provide management services (the “copier project”) 6. To implement the copier project, UTC contracted with other companies, including Toshiba Business Solutions, Inc: (“Toshiba”) and Siemens 7. UTC entered into a contract with Toshiba directly where UTC agreed to pay Toshibe approximately $1.8 million over a period of four years for services to be provided under ‘the copier project by Toshiba to UTC, including but not limited to “design procurement ‘and installation services" (the "Toshiba copier contract"). UTC paid Toshiba in full under the contract, 8. UTC also entered into a contract with Siemens in or around December 2007, separate and ‘apart from the overall management contract, to manage the Toshiba copier project (the "Siemens copier contract”). According to the Siemens copier contract, UTC would pay Siemens $175,000 forthe frst year ofthe contract and smaller amounts over the next three years. I personally initiated and negotiated this contract, 9. know that the work contracted for under both the Toshiba copier contract and the Siemens copier contract was duplicative. The true purpose of the Siemens copier contract was 1 provide a source of finds for me use for my benefit o the benefit of others 10. In May 2008, the Senior PGA Championship tournament (“PGA tournament”) was held at Oak Hill Country Club in Rochester. Sponsors of the toumament purchased chalet packages from the PGA to host partes and other events under tents during the tournament. Chalet packages al Oak Hill for the tournament cost approximately $100,000, 711. Prior to the May 2008 PGA tournament, I entered into an agreement with an individual at ‘Toshiba that Siemens and Toshiba would share the cost of a chalet package, But Siemens ‘would not pay frit. So I decided to use the $175,000 Siemens copier contract between ‘Siemens and UTC to pay for Siemens' portion ofthe chalet package. 12. In order to facilitate payment forthe tn, rete an individual at Toshiba to create invoices indicating contractual relationship berween Toshibe and Siemens forthe design, development and management of he copier projec, bu in reality no contract between Toshiba and Siemens existed forth design, development and management of the copier project. These flse invoices wer povided o Siemens and Siemens in tm ‘generated payments to Toshiba totaling $75,000.00. That $75,000.00 paid for Siemens” orion of the chalet package. 13. The $75,000.00 came from UTC’s payment to Siemens pursuant tothe false Siemens copier contract that I created. Iknow that the County ultimately paid UTC for this, contract, I know, therefore, that I used County money to pay for Siemens’ portion ofthe chalet package. 1 benefitted from sharing the chalet package with Toshiba by attending the PGA toumament and entertaining friends, family, clients, prospective clients and others atthe expense of the county. 14. understand that my actions as described herein violated Penal Law § 155.40(1)