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Disgraced Brooklyn judge Victor Barron has been moved from an upstate prison to a minimum-security facility in Washington Heights. Barron drew a three- to nine-year prison sentence in October 2002 after he was caught on tape taking an $18,000 bribe from a lawyer. He was transferred Wednesday to a work-release program at the Edgecombe Correctional Facility in upper Manhattan. Barron, who will mark his 64th birthday Tuesday, served 23 months of his sentence at the Clinton Correctional Center in upstate New York. "He's gratified that he's been accepted for a work-release program," said his attorney, Barry Kamins. Barron has six weeks to find a job. Once he finds work, he'll be allowed to leave Edgecombe for 14 hours each day, Monday to Friday. He'll spend nights and weekends at the state facility until his parole date, Oct. 27, 2005. Barron was a state Supreme Court justice for 14 years before his downfall in 2002. He was charged with demanding $250,000 from negligence lawyer Gary Bergenholz as his price for signing off on a $4.9 million settlement in the case of child injured in a car accident. The judge chopped his demand to $115,000, but by then Bergenholz had reported the shakedown to Brooklyn District Attorney Charles Hynes. Barron
resigned after pleading guilty in a deal that
allowed him to keep his $97,000 annual pension. $1M 善EN'SION By Kati Cornell Smith A disgraced former judge yesterday was sentenced to three to nine years in prison - where he could collect close to $1 million from his taxpayer-paid pension while he serves time on bribery charges. .... "You have reduced the public's confidence in the judiciary without a doubt. You've made almost a joke out of Kings County, and that's terrible," Colabella said. "I take it as a designed, willful act . . . an act that makes me, as a judge, squirm." Barron stopped short of explaining why he demanded $115,000 from lawyer Gary Berenholtz in June 2001 in exchange for his stamp of approval on a $4.9 million personal-injury settlement. But prior to sentencing, defense attorney Barry Kamins submitted confidential medical and psychological reports to show Barron is suffering from Pick's disease, a form of dementia that causes the personality to change and social skills to deteriorate. Announcing plans to appeal the sentence, Kamins added outside of court that Barron's crime was "related" to his illness. "The reason is not greed," the defense lawyer said. Incriminating wiretap recordings paint a different picture, according to Colabella. "I listened to it over and over again . . . and I got the distinct feeling Mr. Barron that this was not a Pick's disease or an Alzheimer's moment," the judge said. Colabella also hammered Berenholtz for violating disciplinary rules by waiting six months to report Barron's bribe demands. The lawyer helped Brooklyn DA Charles Hynes nail Barron by wearing a wire when he delivered an $18,000 cash-down payment at a meeting in the judge's robbing room this January. Barron came to court dressed in an elegant pinstriped suit, and managed to conceal any uneasiness until court officers snapped on the handcuffs. Barron's wife, Joy, watched as cops led him out of the Brooklyn courtroom to begin serving his sentence immediately. "It will be the largest sentence ever served by a judge, either in state or federal court, in this state," said Hynes, who personally prosecuted the case. "I would have been more satisfied if
he'd given a reason. The only reason because of his silence is plain
old-fashioned greed." B'klyn Judge
Arrested By NANCIE L. KATZ Veteran Brooklyn judge was charged with bribery yesterday after allegedly taking as much as $250,000 from a lawyer to fix a case, according to law enforcement authorities. State Supreme Court Justice Victor Barron was arrested one block from his Marine Park home shortly after 6 a.m. by investigators from the office of Brooklyn District Attorney Charles Hynes. Barron, 60, was suspended 覧 with pay 覧 by the state Court of Appeals as prosecutors began combing through other cases handled by the judge, who presided over several thousand pending civil cases. The arrest was the first of a sitting state Supreme Court justice in the city since 1987, according to the state Commission on Judicial Conduct. But it is the latest of a spate of corruption allegations involving the judiciary in Brooklyn, where judges have been tied to a patronage scandal and other acts of alleged wrongdoing. Released Without Bail A somber-looking Barron entered a not guilty plea at his arraignment last night before Brooklyn Criminal Court Judge Martin Karopkin, who released him without bail. If convicted, he faces up to 15 years behind bars. Afterward, Barron, who earns $113,000 a year, refused to discuss the case. His defense lawyer, Barry Kamins, also declined to comment. At the arraignment, prosecutor Michael Vecchione filed a criminal complaint that said Barron had demanded the bribe on consecutive days last June inside the state courthouse at 15 Willoughby St. In return, he promised to issue an order relating to a pending civil case, which sources said involved a seven-figure settlement. Law enforcement sources said the bribe demand was made to a personal injury lawyer who later reported the incident to authorities. The lawyer, who was not identified, was fitted with a wire and recorded a meeting last Friday in the judge's chambers when the "six-figure" bribe was paid, the sources said. In the complaint, Hynes' chief investigator, George Terra, said that after taking the payment, Barron blurted: "The money was worth it to have the civil matter resolved." Hynes' office declined to identify the personal injury lawyer or describe the nature of the civil case. The complaint did not specify the amount of the bribe except to say it was more than $10,000. David Bookstaver, a spokesman for the state Office of Court Administration, announced the judge's suspension, but declined to comment further. After arresting Barron, investigators went to the judge's home, a red brick two-family house on E. 36th St., to conduct a search. "They came in and went over my home with a fine-toothed comb. They found nothing," said Barron's wife Joy, 71, as she stood red-eyed at her front door. "They went over the car, over everything they could go over. Nothing." "It never happened, it's not true," she said of the bribe allegation. "He has more integrity than any 10 people, and anybody that knows him knows that." Could Face Removal Barron, a Democrat, was named a Civil Court judge in 1987 and elected to Supreme Court in 1999. In recent years, he has presided over a court part that reviews all noncity civil cases, trying to settle them before sending them out for trial. Even if acquitted, Barron could still face removal by the Commission on Judicial Conduct. The Brooklyn legal community seemed shock by the news of his arrest. "He's a fine judge. I am flabbergasted," said Edward Reich, a lawyer for 40 years who said he knows Barron well. "He has always been held in the highest esteem. The guy is squeaky clean." Say Judge Pushed For a Cut By NANCIE L. KATZ Brooklyn judge who allegedly squeezed a bribe out of a multimillion-dollar personal injury settlement lucked into a crime of opportunity, authorities said yesterday. After Dollar Rental Car reached an out-of-court agreement to pay $4.9 million to the family of a infant who suffered "egregious injuries" in an auto accident, the case was randomly assigned to state Supreme Court Justice Victor Barron for him to review. Barron, 60, who is expected to be indicted today on bribery charges for allegedly accepting $18,000 inside the Willoughby St. courthouse from the family's lawyer, apparently had his eyes on a bigger prize. Law enforcement sources say the payment represented the first installment on a $125,000 payoff Barron set as his price for approving the settlement. Under state law, a judge must approve any settlement involving injury to a child or incapacitated person. Barron, a judge since 1987, was arrested Tuesday near his home in Marine Park. He pleaded not guilty and was immediately suspended. He faces up to 15 years in prison if convicted. Judge Signed The sources said Barron first demanded a payoff on June 11 when he told the lawyer he wanted a $250,000 cut from the lawyer's legal fee, which was set at one-third of the $4.9 million settlement. To get the judge's signature, the lawyer, who has not been identified, agreed to pay $125,000, the sources said. The judge signed the order and repeated his request for the money the next day. Between June and January, the lawyer "hoped it would go away," said a law enforcement official. When Barron summoned the lawyer back in early January, the lawyer reported the situation to District Attorney Charles Hynes. The charges have mystified the Brooklyn legal community, which described Barron as hardworking. Neighbors say the judge and his wife live modestly. But another law enforcement source said investigators are pouring over Barron's other cases. "Everyone thinks, if he was so comfortable in doing this right in his chambers, he might have done it a million times," the source said. Hoped Bribe
Bid Was Joke By ROBERT GEARTY January 25, 2002 Attorney Gary Berenholtz first thought the judge's demand for a six-figure payoff was all a big joke. But, authorities said, when state Supreme Court Justice Victor Barron threatened to ruin his career and derail his client's multimillion-dollar personal injury settlement, the lawyer knew the Brooklyn judge meant business. That's when Berenholtz, 54, went to authorities and donned a recording device for a meeting with Barron in which he handed the judge $18,000 in cash as the first installment on a $115,000 bribe. Yesterday, Brooklyn District Attorney Charles Hynes announced that a grand jury had charged Barron, 60, with bribe receiving in a one-count indictment that identified Berenholtz as the informant who helped prosecutors nab the judge. Berenholtz declined comment on the case yesterday, saying it would be inappropriate for him to speak publicly. But his law partners made it clear the 54-year-old Manhattan lawyer did "the right thing." "It took a lot of guts," said partner Robert Sharron. For months, Berenholtz and his colleagues tried to laugh off Barron's payoff demands. It had seemed like a routine case. A car rental company agreed last year to pay $4.9 million to a family hurt in a crash, including an infant girl who was blinded and suffered permanent brain damage. But Hynes said Barron saw it as an opportunity to line his pockets. He said the judge summoned Berenholtz to the courthouse at 15 Willoughby St. on June 11 and took the lawyer on a sidewalk stroll. Hynes said Barron told Berenholtz he was "troubled" by the fact that the lawyer had once represented both the infant and her mother 覧 a potential conflict because the infant technically could have sued her mother as the other driver. The judge said he might make the conflict an issue, but could forget it and approve the settlement if he received a $250,000 cut from Berenholtz's legal fee. "We took it as a lark," said Joseph Frost, another partner. "I said, 'Forget about it. It's not going to happen.'" Sharron said: "When I first heard, I thought it has to be a joke." He said Berenholtz "felt sick" over the whole thing. 'Take It or Leave It' In shock, Berenholtz returned the next day, saying he could not pay that much, Hynes said. Hynes said the judge told Berenholtz, "$115,000 cash. Take it or leave it." The DA continued, "The lawyer said, 'Sign the order.'" Hynes said Berenholtz didn't pay, hoping the whole thing would just go away. He heard nothing until Jan. 4, when Barron summoned him to court. That's when Berenholtz went to the district attorney. At a meeting Jan. 18, the lawyer handed Barron an envelope with 180 "prerecorded" $100 bills in a transaction that was monitored by authorities. "I don't want to make any more telephone calls to get you over here to make these payments," Hynes quoted Barron as growling to Berenholtz. Barron pleaded not guilty at his Criminal Court arraignment on Tuesday. He was immediately suspended from the bench by court officials. Yesterday, his attorney Barry Kamis said, "Judge Barron has been a respected member of the judiciary for the past 14 years. We look forward to an opportunity to litigate the charges in court." Judge Pleads
Not Guilty By NANCIE L. KATZ Moments after allegedly taking an $18,000 bribe, Brooklyn Supreme Court Justice Victor Barron proclaimed that he deserved the money, saying, "I put my neck on the line." The outburst of bravado 覧 as well as other damning statements 覧 were recorded on audiotape Jan. 18, when Barron met in his locked chambers with lawyer Gary Berenholtz, who was wearing a wire. In an exchange punctuated by nervous laughter, the pair joke about a malpractice case pending before Barron. Then the lawyer explains to Barron, "Look, this is not easy ... I couldn't take [out] a lot of money at once, you understand that?" "Shh, shh," Barron responded, according to a transcript of the tape released by the Brooklyn district attorney's office yesterday. "What I cared about was that ... I don't ever want to call you. You understand?" Berenholtz then handed the judge $18,000 覧 180 marked $100 bills, according to the transcript. "You know it's ... done. Done. Whatever," Barron said. The judge, who was suspended from the bench Jan. 22, the day of his arrest, pleaded not guilty yesterday to a charge of bribery in Brooklyn Supreme Court. He faces up to 15 years in prison if convicted. Prosecutors accuse Barron of demanding $250,000 from Berenholtz in exchange for signing off on a $4.9 million payout to settle a lawsuit. The suit stemmed from an accident that left a baby severely brain-damaged. By law, a judge had to approve the settlement because it involved an infant. On June 12, Barron lowered his demands and reached a deal with Berenholtz, who agreed to pay him $115,000, prosecutors said. 'I Look Like an Idiot' But Berenholtz did nothing until the judge summoned him to his chambers at 15 Willoughby St. last month, prosecutors charged. "I just want to make sure I'm protected," Berenholtz sighed to Barron, according to the transcript. "Excuse me, not a lot more difficult than if there was no fee," Barron retorted. "I'm the one who looks like an asshole on every decision, on every decision, every order. ... "I put my neck on the line. I look like an idiot, all right?" After warning Berenholtz he could have made trouble over a potential conflict of interest in the settlement he signed, Barron warned the lawyer not to talk to anyone. "I'm not going to say anything to anybody. What, are you crazy?" Berenholtz said. But the lawyer already has turned to Brooklyn District Attorney Charles Hynes, who insisted yesterday that he would prosecute the case himself 覧 his first in 14 years. Four Judges Investigated The plea and details of Hynes' sting operation came a day after state officials announced the New York's third highest-ranking judge was taking over the scandal-plagued Brooklyn courts, where at least four judges are under scrutiny for alleged wrongdoing. Brooklyn's chief judge, Michael Pesce, was reassigned to an appellate court. Westchester County Supreme Court Justice Nicholas Colabella presided over Barron's arraignment in a jittery courtroom packed with Brooklyn's legal elite. Hynes didn't request bail, accepting defense lawyer Barry Kamins' assertions that Barron, 60, was not a flight risk and had "devoted his life to public service." Hynes revealed that prosecutors had recovered the $18,000 that disappeared with Barron the weekend after the Jan. 18 meeting. He declined to comment when asked how investigators had lost and recovered the money, then denied that the cash was ever missing. The Conversation Brooklyn Supreme Court Justice Victor Barron was indicted on charges of taking an $18,000 bribe from lawyer Gary Berenholtz. Here is a partial transcript, released by the Brooklyn district attorney's office, of their encounter Jan. 18, when the bribe allegedly took place: Berenholtz: "... This is not easy, you know. I couldn't take [out] a lot of money at once, you understand that?" Barron: "Shh, shh, shh. ... I don't ever want to call you. ... You understand? ... You said you'd come. You don't come for two weeks." Berenholtz: "No, no. I tried the end of last week. You weren't around and then I ..." Barron: "Listen, I understand your problem. That goes without saying." Berenholtz: "It's not, it's not easy. I brought 18 [thousand dollars] today. ... Robert [Sharron, Berenholtz's partner] took nine and I took nine and here it is." The audiotape then picks up the sound of paper being transferred. Barron: "... Done, done. Whatever." Berenholtz: And I could ... I'll see if I can come next week again if I can." Barron: "All right." Berenholtz: "Okay. (sigh, laughs). You know it's a very difficult thing. I just want to make sure I'm protected." Barron: "Gary, excuse me. Not a lot more difficult than if there was no fee. ... I'm the one who looks like an asshole on every decision, on every decision, every order and, and, and and that's, that's that's ... I put my neck on the line. I look like an idiot, all right?" Berenholtz: "All right, all right. Take it easy." A little later in the conversation Barron: "Now, listen to me. One thing I'll say. I know you understand, I know. ... You and Sharron is one thing. God forbid, not to mention [any of this] to him, you understand that?" Berenholtz: "I'm not going to say anything to anybody. What, are you crazy?" (laughing) Barron: "All right. Goodbye." Berenholtz: "Okay. Have a good one." Berenholtz: "Okay. Have a good one." Judge: We'll Fix Courts By JOE MAHONEY ALBANY A top state judge vowed yesterday to do "whatever needs to be done" to fix the scandal-plagued Brooklyn courts. Judge Jonathan Lippman promised
"appropriate changes" but stopped short of saying precisely what
action he would take 覧 saying he would not "prejudge" the judges
facing charges of "We recognize the public has to have respect and confidence in what we do," Lippman, the state's top administrative judge, told reporters after appearing before a legislative panel. Lippman, who this month named his deputy, Ann Pfau, to oversee a shakeup of Brooklyn Supreme Court, said the move was "not the usual appointment," but a necessary response to a diminished public confidence in the judicial system. "We, of all people, don't prejudge anybody, but we don't close our eyes that there have been questions raised," Lippman said. "Whatever needs to be done will be done." Payoff Indictment Eight Brooklyn judges are facing allegations of wrongdoing or misconduct. Last month, Judge Victor Barron was indicted on charges he demanded $115,000 in exchange for signing off on a civil lawsuit settlement. The Daily News reported Feb. 7 that Lippman yanked top Brooklyn Judge Michael Pesce for allegedly failing to report the allegations against Barron. The next day, Lippman announced Pfau's appointment. Pfau said her mission is a crucial one because "what happens in one court impacts on every court in the state. ... No matter where there is a perception [of wrongdoing] we deal with it assertively and energetically. This is the place the people have to go for justice." Earlier yesterday, Lippman urged a legislative panel examining Gov. Pataki's proposed budget to increase fees paid to lawyers who represent the poor in Family Court. Noting that some Manhattan lawyers refuse cases because of the low pay, Lippman said the $40- per-hour fee for incourt work should be raised to $75 an hour. "This whole system is going down the tubes" because of the low pay, he said.
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