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Date: 08-08-2019

Case Style:

United States of America v. Timothy Sullivan and Kenneth Brissette

Case Number: 1:16-cr-10137-LTS

Judge: Leo T. Sorokin

Court: United States District Court for the District of Massachusetts (Suffolk County)

Plaintiff's Attorney: Laura J. Kaplan and Kristina E. Barclay

Defendant's Attorney: William H. Kettlewell, Courtney A. Caruso, Sara E. Silva for Brissette


Thomas R. Kiley, William J. Cintolo, James Kelley, Meredith G. Fierro for Sullivan

Description:




Boston, MA - Two Boston City Hall Aides Convicted of Conspiring to Extort Music Festival Production Company

The City of Boston’s Director of Intergovernmental Affairs, Timothy Sullivan, and Kenneth Brissette, the Director of the City’s Office of Tourism, Sports and Entertainment were convicted today by a federal jury in Boston in connection with extorting a music festival production company operating on City Hall Plaza.

Brissette and Sullivan both were convicted of Hobbs Act conspiracy, and Brissette was also convicted of Hobbs Act extortion. The Court has not yet scheduled sentencing dates.

“This afternoon, a federal jury convicted Kenneth Brissette and Timothy Sullivan of extorting a private business to hire union labor that they did not want or need,” said United States Attorney Andrew E. Lelling. “Private companies that want to do business in Boston have the right to hire anyone they want – union or not – without fear of being threatened with economic disaster by government officials. That is the law. This was a hard fought victory, and one that reaffirms our commitment to take on cases that are in the public interest.”

“The FBI thanks the jury for their service and thoughtful deliberations,” said Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division. “Today’s verdicts show that public officials cannot use their positions to extort those who choose to use non-union labor. The FBI will not stand idly by while hard-working individuals are bullied and strong-armed by public servants. Everyone deserves access to a level playing field, and the excuse of “business as usual” isn’t good enough to earnest citizens who rely on their own local governments to do right by them and their families. Let this case be a warning to municipal workers everywhere, it is the taxpayers they serve and answer to at the end of the day.”

“Today’s convictions affirm the U.S. Department of Labor Office of Inspector General’s commitment to protecting the American workers from extortion and unlawful influence. The defendants used threats of financial harm to obtain wages from a television production company for services that were not needed or required. We will continue working with our law enforcement partners to combat this type of criminal activity,” said Michael C. Mikulka, Special Agent-in-Charge, New York Region, U.S. Department of Labor Office of Inspector General.

Between June and September 2014, while a music festival production company was awaiting the issuance of certain permits and approvals required for its event, and seeking an agreement from the City of Boston to use City Hall Plaza for events beyond 2017, Brissette and Sullivan repeatedly advised the company that it would need to hire members of the International Alliance of Theatrical Stage Employees (IATSE) Local 11 to work the event. Local 11 had attempted to obtain work from the production company since March 2013. The production company told Brissette and Sullivan that it had already entered into a contract with a non-union company and hired all of its labor. Nevertheless, on Sept. 2, 2014, three days before the music festival was scheduled to begin, Brissette and Sullivan insisted that half of the production company’s labor force consist of union members. The production company agreed to hire nine members of Local 11 and entered into a contract with the union because they feared the company would be financially ruined if they did not accede to the these City officials’ demands.

The charge of extortion provides a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. The charge of conspiracy to extort provides a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.

U.S. Attorney Lelling, FBI SAC Joseph R. Bonavolonta, and DOL OIG SAC Mikulk Splagounias made the announcement today.

Outcome: 08/07/2019 351 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered

322 Motion in Limine as to Kenneth Brissette (1), Timothy Sullivan (2) is DENIED in light of rulings during the trial.

325 Motion in Limine as to Kenneth Brissette (1), Timothy Sullivan (2) ALLOWED in part and DENIED in part as stated in open court during the trial. (Simeone, Maria) (Entered: 08/07/2019)
08/07/2019 352 Blank Jury Verdict Form (LTS, law2) (Entered: 08/07/2019)
08/07/2019 353 Jury questions as to Kenneth Brissette, Timothy Sullivan (Montes, Mariliz) (Entered: 08/07/2019)
08/07/2019 354 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Jury Trial as to Kenneth Brissette, Timothy Sullivan held on 8/7/2019; The jury returns to continue deliberations and returns 2 questions. The court addresses the questions with the jury. The jury returns a verdict at 12:20pm of Guilty on both counts as to Kenneth Brissette, and guilty on count 1, Not guilty on count 2 as to Timothy Sullivan. The court allows 1 week for briefing on the motions by defendants (8/7/19), with 2 weeks for the governments response and breif (8/21/19). The defendants are released on the same conditions. These conditions remain in full force and effect throughout the date of sentencing. Court Reporter Name and Contact or digital recording information: Rachel Lopez at raeufp@gmail.com. (Simeone, Maria) (Entered: 08/07/2019)
08/07/2019 355 NOTE from jury indicating a verdict as Kenneth Brissette, Timothy Sullivan (Simeone, Maria) (Simeone, Maria). (Entered: 08/07/2019)
08/07/2019 356 District Judge Leo T. Sorokin:ORDER entered as to Kenneth Brissette, Timothy Sullivan:

In light of the high-profile nature of this case, the amount of press attentionit has garnered to date, the length of the trial, and the jurors' expressed concerns about media inquiries during their deliberations, the Globe reporters request is ALLOWED, and a list of juror names and addresses will be published on the docket in this matter on August 14, 2019. ( Jurors' names disclosure by 8/14/2019) (Montes, Mariliz) (Entered: 08/07/2019)
08/07/2019 357 JURY VERDICT as to Kenneth Brissette (1) Guilty on Count 1, 2 and Timothy Sullivan (2) Guilty on Count 1. Timothy Sullivan (2) Not Guilty on Count 2. (Simeone, Maria) (Entered: 08/07/2019)
08/07/2019 Terminate 8/8 and 8/9 trial dates as to Kenneth Brissette, Timothy Sullivan: (Simeone, Maria) (Entered: 08/07/2019)
08/07/2019 359 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered as to Kenneth Brissette, Timothy Sullivan.

After receiving the jury's verdict today, the Court established a schedule for supplemental briefs related to the pending Rule 29 motions. That schedule is hereby AMENDED as follows in light of Federal Rule of Criminal Procedure 33(b)(2), which permits the filing of motions for a new trial within fourteen days of the verdict. The defendants may file motions and memoranda pursuant to Rule 33, as well as any supplemental briefs regarding their pending Rule 29 motions, by August 21, 2019. The government may oppose such motions by September 4, 2019. The defendants may file reply briefs, if they wish, by September 11, 2019.

(Motions purs. to Rule 33 due by 8/21/2019, Responses due by 9/4/2019, Replies due by 9/11/2019.) (Montes, Mariliz) (Entered: 08/07/2019)

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