Case 1:15-cr-00317-KMW Document 42 Filed 10/15/15 Page 1 of 2

U.S. Department of Justice

United States Attorney
Southern District of New York

The Silvio J. Mollo Building

One Saint Andrews Plaza
New York, New York 10007

October 15, 2015

By Email and ECF
The Honorable Kimba M. Wood
United States District Judge
Southern District of New York
500 Pearl Street
New York, New York 10007
Re:

United States v. Dean Skelos & Adam Skelos,

S1 15 Cr. 317 (KMW)

Dear Judge Wood:

The Government respectfully writes in response to a letter filed by defense counsel for
Dean Skelos on October 14, 2015 (the Gage Letter). The Gage Letter seeks to manufacture an
issue where none exists and advances no rational argument that supports any pending motion. It
selectively quotes from a wide-ranging discussion between the U.S. Attorney and the Dean of
New York University Law School (the NYU Law Dean) at a forum for law students on
October 7, 2015 during which the U.S. Attorney did not even mention Dean or Adam Skelos.
The Gage Letter then, in conclusory fashion and without any factual basis, asserts that the
discussion undercut the presumption of innocence in Senator Skeloss case, and somehow
supports the defendants prior motion for a Rule 6(e) hearing. (Gage Letter, at 3-4.)
First, neither the NYU Law Deans questions nor any of the U.S. Attorneys responses
related in any way to the Skelos prosecution. The Gage Letter does not explain how the U.S.
Attorneys general comments which were in response to questions from the NYU Law Dean
and were part of a larger discussion about the role of the U.S. Attorney in the criminal justice
system have any bearing on the instant prosecution, much less on any of the defendants
pending motions. Second, the Gage Letter also fails to explain how general comments by the
U.S. Attorney regarding his role in promoting deterrence in a number of areas, including
narcotics distribution, securities fraud and public corruption, lend any support whatsoever for
defendants request for a Rule 6(e) hearing related to the alleged disclosure of grand jury
materials.
As the Gage Letter so plainly fails to advance any credible argument in support of any
of the defendants pending motions, despite defense counsels tortured attempt to create an issue,
we respond simply to note that the U.S. Attorneys remarks, made at a brownbag lunch with law

Case 1:15-cr-00317-KMW Document 42 Filed 10/15/15 Page 2 of 2

Hon. Kimba M. Wood
October 15, 2015
Page 2 of 2

students and faculty, were entirely appropriate and utterly innocuous, making no mention of any
specific case currently being prosecuted by this Office. In any event, they have no relevance
whatsoever to any pending motion in this case.

Respectfully submitted,
PREET BHARARA
United States Attorney
By:

cc:

_/s/_____________________________________
Jason A. Masimore / Rahul Mukhi / Tatiana Martins
Assistant United States Attorneys
(212) 637-1581/2580/2215

Robert Gage, Esq. (by email)

Christopher Conniff, Esq. (by email)