It's federal prison for Spargo

ALBANY -- Former state Supreme Court Justice Thomas J. Spargo was sentenced Monday to more than 2 years in federal prison for trying to shake down attorneys and solicit a $10,000 bribe. U.S. District Court Judge Gary Sharpe labeled Spargo's actions "reprehensible."

The 66-year-old Republican from East Berne -- a former top election law attorney who went to bat in Florida for George W. Bush after the disputed 2000 presidential election -- must report to the U.S. Bureau of Prisons on Feb. 9.

Spargo will serve a 27-month term imposed by Sharpe, the same judge who will sentence former Senate Majority Leader Joseph L. Bruno on two federal corruption counts in March.

Spargo was convicted in August of attempted bribery and attempted extortion. Sharpe chose not to sentence Spargo under advisory federal guidelines that could have landed the ex-judge in prison for 33 to 41 months. Instead, he classified Spargo under a lower range of incarceration between 27 and 33 months -- and chose the low end.

Sharpe imposed no fine on Spargo, who could have been forced to pay $75,000, arguing it would hurt the defendant's family more than anything else. Even so, the judge rejected arguments from defense attorney E. Stewart Jones that Spargo had suffered enough with his conviction and recent loss of his law license.

"We can't ignore what happened here," the judge told Spargo, who had several supporters, including attorneys, in attendance.

"For a judge, there is nothing that is more reprehensible" than to act as Spargo did toward those with business before his court, Sharpe said.

"This is extortion," Sharpe continued. "This is threatening people who have appeared before you with adverse harm .... "

Sharpe, at one point, acknowledged he knew Spargo before the ousted lawyer had been appointed to the bench, saying, "I have known you and you have known me."

Before sentencing, a U.S. Justice Department prosecutor asked the judge to send a message that would lead future potential victims of extortion to come forward. The prosecutor, Senior Trial Attorney Richard Pilger of the Washington, D.C.-based Public Integrity Section, said the crime cut to the cornerstone of the "most fundamentally important part of our government."

Spargo won a 14-year term to state Supreme Court in 2001 after being cross-endorsed. Spargo's chambers were in Albany, but he presided over cases in Ulster County, which is within the state's 3rd Judicial District.

In 2002, Spargo faced accusations of ethical violations from the state Commission on Judicial Conduct that were unrelated to his future removal from the bench and criminal case. He was indicted a year ago on charges he attempted to extort attorneys to offset his legal costs.

He was convicted on Aug. 27. Spargo recently was disbarred because of the conviction.

He said nothing in court when given the chance by Sharpe. Outside the courthouse, Spargo expressed no disappointment in Sharpe's sentence.

"I made the best decisions I could as I went along," Spargo said. "The judge remarked that the fight with the commission may have gone on a little more intensely than it should have. Respectfully, I had no options other than resign, and I didn't choose to take that option."

Spargo will receive two years of supervised release after completing his sentence.

Following the sentencing, the Justice Department issued a news release in which the head of the FBI's Albany Division touched upon recent corruption cases. "The FBI wants to assure those who have been extorted by public officials that investigating such crimes is the highest priority of our agency," said Special Agent in Charge John F. Pikus. "As our recent public corruption convictions illustrate, the FBI will continue to focus on corruption occurring in all branches of New York state government."