Biaggi Gets 2 1/2 Years, Big Fine for Free Trips

NEW YORK —  A federal judge Thursday sentenced Rep. Mario Biaggi, the senior member of New York City’s congressional delegation, to 2 1/2 years in prison and a $500,000 fine for accepting a free vacation in return for helping a financially troubled Brooklyn ship repair company.

Biaggi, 70, whose reputation as a tough New York City cop helped him first gain a seat in Congress in 1968, wept during his sentencing on his conviction for accepting a gratuity, obstruction of justice and interstate travel to commit a crime.

“I keep asking myself, ‘Why am I here? What did I do wrong?’ Your honor, the only thing I did was accept some hospitality from an old dear friend,” the congressman pleaded before the judge imposed sentence. “I’ve never been corrupt.”

‘Violated Trust of People’

But federal prosecutor Edward McDonald, pictured things differently, charging that Biaggi “knew exactly what he was doing” when he “violated the trust of the people of this city.”

“If ever there was a Greek tragedy, this is the one,” Judge Jack B. Weinstein lectured Biaggi in Brooklyn Federal Court as the congressman’s four children looked on. “The hero was struck low and grief descends. The crimes were bred in greed and arrogance. He should have known his actions were unacceptable.”

Biaggi could have received a sentence of up to 12 years in prison and a $750,000 fine.

Weinstein stayed Biaggi’s sentence pending an appeal. The sentence was harsher than the one he had imposed on Biaggi’s friend and co-defendant, former Brooklyn Democratic boss Meade Esposito. Esposito, 80, was sentenced last month to a two-year suspended prison term, a fine of $500,000, probation for two years plus 500 hours of community service. He was convicted of paying the illegal gratuities.

Puts Aside House Brief

In sentencing Biaggi, Judge Weinstein decided not to rule on a brief filed by House Speaker Jim Wright and the House Bipartisan Leadership Group, supporting a motion by Biaggi’s lawyers to set aside the conviction for interstate travel to commit a crime. The brief argued that it was the role of Congress, not the courts, to decide whether Biaggi acted improperly during trips to Florida because he performed legislative acts while in the Southern state.

Weinstein said it was up to appellate courts to rule on that issue.

The House Ethics Committee has announced it will hold a disciplinary hearing “as soon as it is practicable” on Biaggi’s case.

Acquitted on Lesser Charges

After a trial featuring extensive federal wiretap evidence, a jury convicted Biaggi of receiving a gratuity--two free Florida vacations--from Esposito in exchange for helping the ship repair company that was a major client of Esposito’s insurance brokerage firm. The jury acquitted both defendants of bribery and conspiracy charges.

Weinstein said he was saddened to sentence Biaggi and that he felt “a great deal of affection for the defendant.” He said hundreds of letters he had received on Biaggi’s behalf played a part in shaping the sentence.