Garson $$ Duo Get Jail

By Alex Ginsberg
New York Post
August 15, 2007

A judge slapped two minor players in the Gerald Garson bribery case with stiff sentences yesterday, sentencing a shady electronics dealer to 1 1/4 to 5 ½ years and a former court officer to 1 to 4 years for their roles in the Brooklyn matrimonial-court scandal.

Justice Jeffrey Berry slammed the retailer, Nissim Elmann, 46, for accepting cash from would-be litigants and funneling it to crooked lawyer and Garson buddy Paul Siminovsky.

"I think that you're just about as guilty as Mr. Siminovsky," said Berry. "He used you and you used him."

The court officer, Louis Salerno, 54, was convicted in 2004 of accepting $2,000 and electronics for promising to steer cases to Garson's courtroom. He will be sentenced after Garson's trial.

Ex-hubby Who Bribed Divorce Judge Caged

By Jennifer Fermino
New York Post
August 7, 2007

A Brooklyn father who admitted bribing a crooked judge with cash, cigars and nearly $10,000 in food and booze for help in his bitter divorce, was carted off to jail yesterday.

Avraham Levi, who is still battling with his ex over custody of their kids, was sentenced to three months behind bars.

He will also have to perform 150 hours of community service and serve five years' probation for his role in the judicial corruption scandal.

"I wish I'd never given the money," Levi said last month when he was sentenced. "Since those days, my life has been destroyed . . . I'm asking for mercy."

Justice Gerald Garson gave free advice, lucrative court appointments and client referrals to his good pal, Paul Siminovsky, who was Levi's lawyer.

Garson was found guilty of accepting bribes in April. In June, the disgraced judge began serving a 3- to 10-year prison sentence.

Siminovsky, 48, a successful divorce lawyer who enjoyed unusual access to Garson, was caught on tape being promised that he would get favorable outcomes for litigants by throwing drinks, dinners and cash Garson's way.

Ex NY Judge Makes Bid to Get Out of Prison

By Daniel Wise
New York Lawyer
New York Law Journal
August 6, 2007

Ex-Brooklyn Justice Gerald P. Garson, 74, who began serving a minimum 3-year prison term on June 28, filed a habeas corpus application last Thursday in the Eastern District challenging his denial of bail pending appeal as a violation of due process.

Because of his age, frail health, and substantial legal claims, Mr. Garson contends that Appellate Division, Second Department, Justice Edward D. Carni (See Profile) violated Mr. Garson's due process rights when the judge denied his bail application on June 20. Mr. Garson also contended that he is being hampered in assisting his lawyers with his appeal because he is being held in Mid-State Correctional Facility near Utica, about a five-hour drive from New York City.

Because Mr. Garson is being held in protective custody, he also claims he is not able to go to the prison law library but must make specific requests for legal materials to be delivered to his cell.

Jonah Bruno, a spokesman for the Brooklyn District Attorney's Office, declined comment.

Mr. Garson's habeas petition, Garson v. Perlman, 03197-07, has been assigned to Eastern District Judge Brian M. Cogan.

Cheaper to Keep Her: NY Man
Who Bribed Judge in His Divorce Headed to Prison

By Tom Perrotta
New York Lawyer
New York Law Journal
July 25, 2007

Avraham Levi, whose divorce case was the subject of ex-parte discussions between his attorney, Paul Siminovsky, and convicted ex-Supreme Court Justice Gerald P. Garson, was sentenced yesterday to three months in prison and five months probation.

Mr. Levi, 53, pleaded guilty in June 2004 to conspiracy in the fourth degree and agreed to cooperate with prosecutors in the Brooklyn District Attorney's Office. He admitted that he paid another man, Nissim Ellman, $10,000 to bribe Mr. Garson.

Mr. Garson, 74, began serving his 3-to-10 year prison sentence for bribery last month.

Garson out of Detox & into Prison

By Alex Ginsberg
New York Post
June 29, 2007

Disgraced former Judge Gerald Garson was given a clean bill of health yesterday - to start serving his three- to 10-year prison sentence.

"This wasn't up to the lawyers," said Garson's attorney, Jeremy Gutman. "This was a determination by doctors."

The 74-year-old Garson - hospital bracelets still dangling from his wrist after a five-day stint in alcohol detox - smiled and showed no signs of ill health as he walked into Brooklyn Supreme Court to begin his term behind bars.

He hugged his sons and wife, Civil Court Judge Robin Garson, then walked to the defense table, where he was cuffed and led away.

Garson was convicted in April of accepting thousands of dollars' worth of drinks, dinners, cash and cigars from a shady lawyer in return for referrals and inside advice on divorce cases over which Garson himself was presiding.

The judge who sentenced him, Jeffrey Berry, had granted Garson until July 5 to finish detox.

NY Lawyer Who Squealed on Judge Sentenced
 to Year Behind Bars, Despite DA's Plea

By Daniel Wise
New York Lawyer
New York Law Journal
June 28, 2007

A judge's decision to disregard the prosecutor's recommendation for probation and instead impose the maximum one-year jail term for Paul Siminovsky, the ex-lawyer who played a key role in convicting former Brooklyn Justice Gerald P. Garson, could discourage potential cooperating witnesses in the future, several veteran defense lawyers said yesterday.

On Tuesday, Acting Supreme Court Justice Jeffrey G. Berry of Orange County sentenced Mr. Siminovsky to a year in jail, citing the serious nature of his role in corrupting the judicial system.

Even the attorneys who claimed the sentence could have negative consequences said they recognized the judge's concern that serious misdeeds involving the corruption of the judiciary were appropriately punished.

Some defense lawyers said the crimes against the justice system were so appalling that it would be naive for a cooperating defendant to expect to avoid jail unless the judge had signed off on the deal before sentencing.

Mr. Siminovsky agreed to help prosecutors build a case against Mr. Garson after he was arrested in February 2003 and confronted with evidence that he had been involved in a separate bribery scheme in which his ties to Mr. Garson were being hawked to lure potential clients.

Mr. Siminovsky worked out a cooperation agreement that would allow him to plead guilty to a single misdemeanor count of receiving an unlawful gratuity, with a recommendation of no jail time, his lawyer, Anthony M. Bramante, said yesterday.

Originally, the agreement would have allowed Mr. Siminovsky to keep his law license but the deal was subsequently amended and he surrendered his license in 2004.

Mr. Bramante said the deal was negotiated before he had entered the case and before charges against Mr. Garson became public.

Jonah Bruno, a spokesman for the Brooklyn District Attorney's Office, said Justice Berry had made it clear to all sides from the time he first learned of the cooperation agreement that he would not be bound by the prosecution's recommendation and he retained full authority over the sentence.

Mr. Siminovsky, who was taken into custody after his sentence was imposed Tuesday, will not appeal, Mr. Bramante said.

"He has acknowledged responsibility for his acts and now wants to get [his sentence] over with so he can get on with his life," Mr. Bramante said.

He added that both he and Mr. Siminovsky had expected Justice Berry to impose some jail time despite the prosecution's recommendation. But he added, "to say that we were surprised that he imposed the full year is an understatement."

"If a cooperation agreement can be disavowed by a judge," he added, prosecutors are going to have "a huge problem" in recruiting cooperators in the future.

Chilling Effect

Other defense attorneys not involved in the case also expressed surprise at the outcome.

Marvin Ray Raskin, a former president of the Bronx County Bar Association, called Justice Berry's decision to override the prosecution's recommendation "a horrific result" that will "no question have a chilling effect upon cooperators in future white-collar cases."

Benjamin Brafman of Manhattan agreed that disregarding the prosecution's bid for probation was "very unusual" and could possibly have "a chilling effect" on recruiting future cooperators.

But, he added, Justice Berry was clearly reacting to the "very serious" nature of Mr. Siminovsky's admitted criminal behavior and the fact that he had negotiated "a very lenient plea agreement." The plea deal limited his exposure to one year in prison, Mr. Brafman noted, a substantial gain over the 2-1/3-to-7 year term the judge could have given for bribery.

Jack T. Litman, of the Manhattan defense firm Litman Asche & Gioiella, said that judges "usually" follow prosecutors' sentencing recommendations' because cooperators might not step forward if they felt there is "no assurance that they would get what they had been promised."

Mr. Litman added, though, that Justice Berry must have believed that the "dark stain [Mr. Siminovsky helped cast] upon the integrity of the judicial system" justified the more severe sentence.

Gerald L. Shargel, another high profile defense lawyer, disagreed that Justice Berry's sentence could pose problems in the future. Given "the depth of corruption revealed in the case," he said, "how could anyone be shocked [by a 1-year term] no matter how much cooperation" was provided, he said.

"A recommendation is not a promise" and the only way to make sure that a prosecutor's sentencing recommendation is acted upon is to get the judge to sign off on it as is often done in state criminal cases, Mr. Shargel said.

Some lawyers contended that prosecutors normally resist agreeing to a deal where a sentence of no jail time is endorsed by a judge because of the damaging effect such a commitment would have on the cooperator's credibility as a witness.

Mr. Shargel countered that prosecutors are not concerned about chinks in their witnesses' credibility when they have solid evidence.

Rockland County District Attorney Michael E. Bonjiorno, president of the New York State District Attorneys' Association, said the rejection of the prosecutor's recommendation would not pose problems as long as the parameters of sentences and the judge's authority to reject the sentence were known "up front."

Cooperating Witness

In exchange for his plea deal, Mr. Siminovsky agreed to help build a criminal case against Mr. Garson, and, according to his trial testimony, he began wearing a wire on the day he was arrested, Feb. 25, 2003. He also agreed to testify in future legal proceedings against Mr. Garson.

Mr. Siminovsky arranged meetings in which he delivered both a box of cigars to Mr. Garson as a "thank you" for having provided him with ex parte advice in a divorce case he had before the judge, and $1,000 in cash as payment for the judge having referred two cases to him. Both episodes, which took place in Mr. Garson's robing room, were captured on videotape and provided compelling evidence against the ex-judge.

During the month-long trial, Mr. Siminvsky's testimony that he plied Mr. Garson with thousands of dollars worth of free meals in exchange for court appointments, ex parte advice and extraordinary courtesies, such as unfettered access to the judge's robing room, formed the linchpin of prosecution's case.

In pleading guilty to a misdemeanor, Mr. Siminovsky capped his potential maximum sentence at one year. But through his trial testimony, he acknowledged bribing Mr. Garson, an admission that put him on equal footing with the ex-judge's crimes and could have exposed him to a prison sentence of 2 1/3 to 7 years.

In April, a Brooklyn jury convicted Mr. Garson, who had handled divorce cases since joining the bench in 1998, of bribery and two counts of receiving rewards for official misconduct. Justice Berry sentenced Mr. Garson to three consecutive terms, cumulating to 3-to-10 year prison term. Mr. Garson is undergoing treatment for alcoholism and is scheduled to enter prison on July 5.

Bribe-Taking Ex-Judge Given Extra Time to Detox Before Jail

By Daniel Wise
New York Lawyer
New York Law Journal
June 22, 2007

Ex-Justice Gerald P. Garson yesterday was given an extra 12 days to detoxify from alcoholism before starting his 3-to-10 year prison term for bribery and related crimes.

Acting Supreme Court Justice Jeffrey Berry of Orange County, who presided over the month-long trial, granted the postponement after being told Mr. Garson was in "grave" danger of dying if he was imprisoned without proper detoxification.

Mr. Garson, 74, has bladder cancer and a heart condition, among other ailments.

After losing his bid Wednesday to remain free on bail pending his appeal, Mr. Garson was ordered to surrender on Tuesday. The new surrender date is July 5.

Justice Berry ordered Mr. Garson to start inpatient treatment by this morning.

Mr. Garson was convicted in April of accepting thousands of dollars worth of free drinks and meals from a lawyer to whom he gave court appointments, ex parte advice and uncommon courtesies.

     Garson Loses Bid to Delay Prison Term During Appeal

Daniel Wise
New York Law Journal
June 21, 2007

An appellate judge ruled yesterday that convicted ex-Supreme Court Justice Gerald P. Garson of Brooklyn must go to prison even as he appeals his 3-to-10 year sentence for bribery and related crimes.

Mr. Garson, 74, who handled divorce cases during his six years on the bench, will surrender to begin serving his sentence on Tuesday.

In a brief four-paragraph order, Justice Edward D. Carni of the Appellate Division, Second Department (See Profile), denied without explanation Mr. Garson's request for a stay pending appeal and dissolved an earlier order that had allowed the ex-judge to remain free on $15,000 bail while his stay application was decided.

"We are very concerned about Justice Garson's medical condition" and are exploring "other legal options," Mr. Garson's lawyer, Jeremy Gutman, said yesterday.

"We have raised very extensive, substantial issues, and are confident Justice Garson will be vindicated on the appeal," he added. Mr. Gutman said he had advised Mr. Garson not to make any comments to the media.

On June 5, the trial judge, Acting Supreme Court Justice Jeffrey Berry of Orange County (See Profile), imposed three consecutive sentences on Mr. Garson that cumulated to 3-to-10 years. Justice Carni later that day issued a temporary stay keeping Mr. Garson's $15,000 bail in place until he decided the request for a stay until the appeal is decided.

In April, after a month-long trial, Mr. Garson was convicted of bribery for providing a lawyer who had become a cooperating witness with court appointments, ex parte legal advice and courtesies such as unfettered access to his courtroom in exchange for thousands of dollars of free meals and drinks, and, in one instance, a $250 box of Dominican cigars.

Mr. Garson also was convicted on a related count of accepting a reward for official misconduct and of accepting $1,000 in referral fees from the cooperating lawyer, Paul Siminovsky.

Three other defendants connected to the Garson investigation, who were either convicted or pleaded guilty, also will be sentenced Tuesday. They are: former court officer Louis Salerno, who was convicted of steering cases to Mr. Garson in 2004; Nissim Ellman, an Israeli businessman, who was accused of telling Brooklyn divorce litigants that he had an "in" with Mr. Garson; and Avraham Levi, the client of Mr. Siminovsky whose divorce case was the subject of ex parte discussions.
As of yesterday afternoon, Mr. Siminovsky's sentencing had not been scheduled. Mr. Siminovsky had pleaded to a single misdemeanor count of giving unlawful gratuities in exchange for a recommendation from the prosecution that he not serve jail time.

Mr. Garson spurned a plea deal last year that would have capped his prison time at 16 months. The deal also would have allowed him to remain within the custody of the New York City Department of Corrections, where his doctors would have been able to treat him.

Uphill Battle Seen

Appellate specialists said yesterday that stays are generally granted pending appeal in high-profile, white-collar cases. But, they added, it was expected Mr. Garson would face an uphill struggle to win a stay because of heightened sensitivity to judicial corruption, especially in Brooklyn.

Former Brooklyn Democratic leader Clarence Norman won stays pending appeal from a different Second Department justice, Robert W. Schmidt, that kept him out of prison for nearly 18 months pending his appeals of three convictions. He did not begin to serve a 2-to-6 year sentence until the Second Department affirmed his first two convictions at the end of May.

Appellate experts, however, noted differences between the appeals of Mr. Norman and Mr. Garson. Mr. Norman's appeals have raised numerous trial issues - such as whether immunity should have been granted to a key defense witness - while many of Mr. Garson's issues are closely intertwined with pretrial issues that have already been litigated and appealed, they said.

Only a handful of New York judges have been sentenced to serve jail time in the past 35 years, the most recent being former Brooklyn Justice Victor I. Barron, who served three years for bribery starting in 2002.

Anger in the Judiciary

Throughout the judiciary there was widespread revulsion at Mr. Garson's actions as portrayed in the videotapes and other evidence presented at the trial.

Mr. Garson recognized the scorn of his former colleagues when he told Justice Berry shortly before he was sentenced that he was "profoundly sorry for the public scrutiny that had been visited upon the judiciary as a whole" because of his actions.

One judge, noting that two Brooklyn justices had refused to write letters in support of leniency for Mr. Garson, said, "What he has done to the Brooklyn judges has been outrageous. They are under a cloud because of him."

Brooklyn Justice Karen B. Rothenberg, however, wrote a letter to Justice Berry supporting Mr. Garson. She said this was "a very sad chapter in the life of Gerald Garson as well as for the judiciary."
Having known Mr. Garson for more than 30 years, Justice Rothenberg (See Profile) added that the "measure" of Mr. Garson is more than what is represented by the charges against him.

Stay Arguments

In arguing to remain free on bail pending appeal, Mr. Garson had raised dozens of issues and also contended that his imprisonment could "probably" result in his death.

Mr. Garson, who has bladder cancer, revealed in his sentencing papers that he is suffering from severe alcoholism. Because of his frail condition, imprisonment without proper detoxification would result in death, he argued.

In opposing the stay, prosecutors addressed neither Mr. Garson's health claims nor his arguments that he was not a flight risk. Instead, they solely attacked Mr. Garson's potential legal claims, arguing they were without any "palpable" merit.

Under the case law, Justice Carni was empowered, but not required, to deny the stay if he found Mr. Garson's potential arguments to be without palpable merit.

Case Built on Tapes

The prosecution's case consisted of extensive surveillance evidence, including videotapes, body wires and intercepted phone conversation gathered during an eight-month investigation in 2002 and 2003.

But the centerpiece of the prosecution's case was Mr. Siminovsky, who began cooperating shortly after he was arrested in February 2003.

Mr. Siminovsky agreed to cooperate after he was confronted with evidence implicating him in working with the Israeli businessman, Mr. Ellman, to lure clients into believing he had an inside track in Mr. Garson's courtroom.

In assisting the prosecution, Mr. Siminovsky separately delivered a box of cigars and an envelop containing $1,000 in cash to Mr. Garson. Both episodes were recorded by a camera hidden in the former judge's robing room.

The prosecution also had extensive electronic surveillance evidence that Mr. Garson had coached Mr. Siminovsky on how to handle one of his cases without the lawyer for the other side being present.

In a videotape of the conversation in Mr. Garson's robing room made on Feb. 5, 2003, Mr. Garson was caught telling the ex-lawyer that his client, Mr. Levi, would win even though "he doesn't deserve it." A trial date in Mr. Garson's matrimonial part was scheduled for the next day.
In other tapes, Mr. Garson was heard telling Mr. Siminovsky what to put into a memorandum of law concerning the disposition of the Levis' house and what questions he should ask Mr. Levi and what answers he should give.

In ways not directly relevant to evidence of criminality, the tapes created enormous problems for Mr. Garson because they showed him to be callous, unlikable and offensive.

One passage captured Mr. Garson disparaging his job as a judge. The jury heard him say "one of the greatest things about this job is that I don't know what the f*** I have tomorrow until I get here and I don't give a s*** either."

He was frequently heard bad-mouthing women, and, in one instance, after describing a woman lawyer as 'very ugly,' he broke into the song "Make an Ugly Woman Your Wife."

Garson Loses Bid to Delay Prison Term During Appeal

Daniel Wise
New York Law Journal
06-21-2007

An appellate judge ruled yesterday that convicted ex-Supreme Court Justice Gerald P. Garson of Brooklyn must go to prison even as he appeals his 3-to-10 year sentence for bribery and related crimes.

Mr. Garson, 74, who handled divorce cases during his six years on the bench, will surrender to begin serving his sentence on Tuesday.

In a brief four-paragraph order, Justice Edward D. Carni of the Appellate Division, Second Department (See Profile), denied without explanation Mr. Garson's request for a stay pending appeal and dissolved an earlier order that had allowed the ex-judge to remain free on $15,000 bail while his stay application was decided.

"We are very concerned about Justice Garson's medical condition" and are exploring "other legal options," Mr. Garson's lawyer, Jeremy Gutman, said yesterday.

"We have raised very extensive, substantial issues, and are confident Justice Garson will be vindicated on the appeal," he added. Mr. Gutman said he had advised Mr. Garson not to make any comments to the media.

On June 5, the trial judge, Acting Supreme Court Justice Jeffrey Berry of Orange County (See Profile), imposed three consecutive sentences on Mr. Garson that cumulated to 3-to-10 years. Justice Carni later that day issued a temporary stay keeping Mr. Garson's $15,000 bail in place until he decided the request for a stay until the appeal is decided.

In April, after a month-long trial, Mr. Garson was convicted of bribery for providing a lawyer who had become a cooperating witness with court appointments, ex parte legal advice and courtesies such as unfettered access to his courtroom in exchange for thousands of dollars of free meals and drinks, and, in one instance, a $250 box of Dominican cigars.

Mr. Garson also was convicted on a related count of accepting a reward for official misconduct and of accepting $1,000 in referral fees from the cooperating lawyer, Paul Siminovsky.

Three other defendants connected to the Garson investigation, who were either convicted or pleaded guilty, also will be sentenced Tuesday. They are: former court officer Louis Salerno, who was convicted of steering cases to Mr. Garson in 2004; Nissim Ellman, an Israeli businessman, who was accused of telling Brooklyn divorce litigants that he had an "in" with Mr. Garson; and Avraham Levi, the client of Mr. Siminovsky whose divorce case was the subject of ex parte discussions.
As of yesterday afternoon, Mr. Siminovsky's sentencing had not been scheduled. Mr. Siminovsky had pleaded to a single misdemeanor count of giving unlawful gratuities in exchange for a recommendation from the prosecution that he not serve jail time.

Mr. Garson spurned a plea deal last year that would have capped his prison time at 16 months. The deal also would have allowed him to remain within the custody of the New York City Department of Corrections, where his doctors would have been able to treat him.

Uphill Battle Seen

Appellate specialists said yesterday that stays are generally granted pending appeal in high-profile, white-collar cases. But, they added, it was expected Mr. Garson would face an uphill struggle to win a stay because of heightened sensitivity to judicial corruption, especially in Brooklyn.

Former Brooklyn Democratic leader Clarence Norman won stays pending appeal from a different Second Department justice, Robert W. Schmidt, that kept him out of prison for nearly 18 months pending his appeals of three convictions. He did not begin to serve a 2-to-6 year sentence until the Second Department affirmed his first two convictions at the end of May.

Appellate experts, however, noted differences between the appeals of Mr. Norman and Mr. Garson. Mr. Norman's appeals have raised numerous trial issues - such as whether immunity should have been granted to a key defense witness - while many of Mr. Garson's issues are closely intertwined with pretrial issues that have already been litigated and appealed, they said.

Only a handful of New York judges have been sentenced to serve jail time in the past 35 years, the most recent being former Brooklyn Justice Victor I. Barron, who served three years for bribery starting in 2002.

Anger in the Judiciary

Throughout the judiciary there was widespread revulsion at Mr. Garson's actions as portrayed in the videotapes and other evidence presented at the trial.

Mr. Garson recognized the scorn of his former colleagues when he told Justice Berry shortly before he was sentenced that he was "profoundly sorry for the public scrutiny that had been visited upon the judiciary as a whole" because of his actions.

One judge, noting that two Brooklyn justices had refused to write letters in support of leniency for Mr. Garson, said, "What he has done to the Brooklyn judges has been outrageous. They are under a cloud because of him."

Brooklyn Justice Karen B. Rothenberg, however, wrote a letter to Justice Berry supporting Mr. Garson. She said this was "a very sad chapter in the life of Gerald Garson as well as for the judiciary."
Having known Mr. Garson for more than 30 years, Justice Rothenberg (See Profile) added that the "measure" of Mr. Garson is more than what is represented by the charges against him.

Stay Arguments

In arguing to remain free on bail pending appeal, Mr. Garson had raised dozens of issues and also contended that his imprisonment could "probably" result in his death.

Mr. Garson, who has bladder cancer, revealed in his sentencing papers that he is suffering from severe alcoholism. Because of his frail condition, imprisonment without proper detoxification would result in death, he argued.

In opposing the stay, prosecutors addressed neither Mr. Garson's health claims nor his arguments that he was not a flight risk. Instead, they solely attacked Mr. Garson's potential legal claims, arguing they were without any "palpable" merit.

Under the case law, Justice Carni was empowered, but not required, to deny the stay if he found Mr. Garson's potential arguments to be without palpable merit.

Case Built on Tapes

The prosecution's case consisted of extensive surveillance evidence, including videotapes, body wires and intercepted phone conversation gathered during an eight-month investigation in 2002 and 2003.

But the centerpiece of the prosecution's case was Mr. Siminovsky, who began cooperating shortly after he was arrested in February 2003.

Mr. Siminovsky agreed to cooperate after he was confronted with evidence implicating him in working with the Israeli businessman, Mr. Ellman, to lure clients into believing he had an inside track in Mr. Garson's courtroom.

In assisting the prosecution, Mr. Siminovsky separately delivered a box of cigars and an envelop containing $1,000 in cash to Mr. Garson. Both episodes were recorded by a camera hidden in the former judge's robing room.

The prosecution also had extensive electronic surveillance evidence that Mr. Garson had coached Mr. Siminovsky on how to handle one of his cases without the lawyer for the other side being present.

In a videotape of the conversation in Mr. Garson's robing room made on Feb. 5, 2003, Mr. Garson was caught telling the ex-lawyer that his client, Mr. Levi, would win even though "he doesn't deserve it." A trial date in Mr. Garson's matrimonial part was scheduled for the next day.
In other tapes, Mr. Garson was heard telling Mr. Siminovsky what to put into a memorandum of law concerning the disposition of the Levis' house and what questions he should ask Mr. Levi and what answers he should give.

In ways not directly relevant to evidence of criminality, the tapes created enormous problems for Mr. Garson because they showed him to be callous, unlikable and offensive.

One passage captured Mr. Garson disparaging his job as a judge. The jury heard him say "one of the greatest things about this job is that I don't know what the f*** I have tomorrow until I get here and I don't give a s*** either."

He was frequently heard bad-mouthing women, and, in one instance, after describing a woman lawyer as 'very ugly,' he broke into the song "Make an Ugly Woman Your Wife."

Sobbing Ex-judge Gets Can for Graft

Alex Ginsberg
New York Post
June 6, 2007

Disgraced former judge Gerald Garson broke down yesterday as he was slapped with three to 10 years in prison for accepting favors, cash and cigars from a crooked lawyer he'd taken under his wing.

"For my former colleagues, of which your honor is one, I am profoundly sorry for the public scrutiny visited upon the judicial system as a whole as a result of my conduct," Garson, 74, told Justice Jeffrey Berry as he cried steadily.

GERALD GARSON                     Referring to the hours of videos shown to the Breaks down in court                         jury at his trial - tapes in which Garson is seen taking bribes and engaging in sophomoric banter with the lawyer, Paul Siminovsky, he added, "As I watched the surveillance tapes, I was appalled, embarrassed and ashamed of my demeanor."

But the distress was short-lived. Rushing five blocks from Brooklyn Supreme Court to the Appellate Division, the former judge's lawyers got a stay of his sentence, which will allow him to remain free pending his appeal,

But the harshest words for Garson came from Sigal Levi, the Brooklyn woman whose agonizing divorce case provided the backdrop for the ugly drama.

"Mr. Garson, you stole my children," she said, referring to a decision granting custody of the two oldest boys to her husband. "You stole them from their two sisters and their younger brother. You stole them from their grandparents, their aunts and uncles.

"I didn't get what I deserved in your courtroom, but I hope and pray that you get what you deserve in this courtroom today."

Garson's Wife May Face Rap on Ethics

By Nancie L. Katz
New York Daily News
April 30, 2007

The wife of disgraced Brooklyn judge Gerald Garson, who was convicted this month of accepting bribes for fixing divorce cases, could be soon facing her own legal problems, the Daily News has learned.

The state Commission on Judicial Conduct may begin investigating possible judicial ethical lapses by Robin Garson, a Civil Court judge, involving campaign funds and failing to report criminal behavior, a legal source said.

Her husband, 75, a former Supreme Court justice, was convicted on April 19 and faces up to 15 years behind bars at his sentencing on June 5.

"They decided to let the trial get over with, to let out what would be aired," said a well-informed source.

At Robin Garson's husband's trial, corrupt lawyer Paul Siminovsky testified that Gerald Garson asked him to solicit campaign contributions and provide free legal help for her 2002 judicial campaign.

In 2004, Robin Garson testified at a grand jury investigation of her husband's cousin, retired Supreme Court Justice Michael Garson, who was suspected of stealing thousands of dollars from his elderly aunt.

She said Michael Garson confessed to improperly taking $100,000 from his aunt Sarah Gershenoff. She also testified that a power of attorney the nephews used to pilfer Gershenoff's nearly $1 million fortune was forged, according to sources.

Robin Garson was Gershenoff's guardian at the time.

Ethical rules require judges to report criminal acts.

The commission is also reviewing a letter sent by the National Organization for Women about Robin Garson's behavior on the day of her husband's conviction.

The letter accused her of "exploiting her official status to obtain special privileges" at the trial, passing notes to defense attorneys and entering the courtroom through special doors reserved for officials.

Garson's lawyer, Richard Godovsky, dismissed the charges in the NOW letter.

"There is nothing against her," he said. "That's going to be clear."

The administrator of the judicial commission, Robert Tembeckjian, declined to comment, but confirmed the panel had received the NOW letter.

"We will deal with it as we deal with all complaints," he said.

We'll Sue Jerk Judge

By Nancie L. Katz
New York Daily News
April 21, 2007

A day after Brooklyn divorce judge Gerald Garson was convicted of taking bribes, women who lost in his courtroom said they will sue him for ruining their lives.

"All the damage is irreversible. It's already done. The kids are taken. They're brainwashed against the other party," said Frieda Hanimov, a mother whose undercover work began the probe into Garson's corruption.
Former judge Gerald Garson leaves Brooklyn
Supreme Court after the jury found him guilty.         At least 25 other victims have contacted her, and they are seeking a lawyer for a class-action suit, she said.

"He helped the ex-husbands so well to hide their money we can't get it back," she said. "Now, we're going to get it from Garson. Somebody has to pay the price for all this pain."

Garson was convicted Thursday of fixing divorce cases and awarding lucrative appointments to his crooked lawyer pal Paul Siminovsky in exchange for drinks, meals, cash and cigars. Their profanity-laced talks were caught on video and audio through five months' of secret surveillance.

After his March 2003 arrest, a court review of about 50 of Garson's closed cases found that only three or four had been handled improperly, a court spokesman said.

But the women scoffed at that number as low. "Garson should pay me," said Sigal Levi, whose ex admitted fixing their case for a $10,000 bribe and winning custody of their two oldest sons. "He took something from me that nobody is going to repair."

Meanwhile, District Attorney Charles Hynes vowed yesterday to seek the maximum 15-year sentence against Garson, 75, if he doesn't fess up to which judges paid to get on the bench.

The case against Garson resulted from a wider probe into the alleged selling of Brooklyn judgeships.

                Jury Finds Garson Guilty on Bribery Count

Daniel Wise
New York Law Journal
April 20, 2007

A Brooklyn jury yesterday convicted disgraced former Justice Gerald P. Garson of bribery in the third degree and two counts of receiving rewards for official misconduct.

In addition to being convicted on the over-arching bribery count, Mr. Garson, 74, was convicted on two lesser charges of receiving rewards for official misconduct.

On the lesser charges, the jury determined that Mr. Garson had accepted a box of cigars from an attorney to whom he had provided ex parte advice on a case and $1,000 for having referred two clients to the same attorney.

Both of those episodes were captured on videotape.

The jury acquitted Mr. Garson of the four remaining counts of receiving rewards for official misconduct, all of which related to his receipt of payments for having referred cases to the attorney.

Mr. Garson faces a maximum sentence of 15 years in prison.

Over the objection of the district attorney, Acting Supreme Court Justice Jeffrey Berry (See Profile) ruled that Mr. Garson could be released on $15,000 bail pending sentencing and appeal. Sentencing is scheduled for June 5.

The verdict on the central bribery charge was a major victory for Brooklyn District Attorney Charles J. Hynes and a team of prosecutors lead by the chief of the office's rackets division, Michael F. Vecchione. The 11 men and one woman on the jury deliberated for close to two days.

The prosecution's case consisted of extensive surveillance evidence, including videotapes, body wires and intercepted phone conversation gathered during an eight-month investigation in fall of 2002 and winter 2003.

But the centerpiece of the prosecution's case was a lawyer who wined and dined Mr. Garson. That lawyer, Paul Siminovsky, testified to buying thousands of dollars in drinks for Mr. Garson in exchange for ex parte help on one of his cases and lucrative law guardianships.

Mr. Siminovsky agreed to aid the prosecution in February 2003, after investigators confronted him with evidence that he himself had received bribes. In assisting the prosecution, he separately delivered a box of cigars and an envelop containing $1,000 in cash to Mr. Garson. Both episodes were recorded by a camera hidden in Mr. Garson's robing room.
Mr. Garson's lawyer, Michael S. Washor, delivered a slashing attack on Mr. Siminovsky's credibility repeatedly calling him a weasel and an actor in a "grade D" movie in his summation.

In the bribery charge, which was at the heart of the prosecution's case, Mr. Garson was accused of giving Mr. Siminovsky ex parte advice on a case pending before the judge, lucrative court appointments and favors, such as unfettered access to the judge's robing room in exchange for thousands of dollars worth of drinks and meals over a 14 month period starting in January 2002.

The jury also had to resolve six other lesser felony counts accusing Mr. Garson of accepting rewards for official misconduct. One of those counts mirrored the portion of the bribery charge accusing Mr. Garson of giving Mr. Siminovsky ex parte advice on a case before the judge. In the five other reward for misconduct cases, Mr. Garson was accused of accepting a fee from Mr. Siminovsky for the referral of each of five clients.

The bribery count carries a maximum sentence of 2-1/3 to 7 years in prison. The maximum penalty for accepting rewards for official misconduct is 1-1/3 to 4 years.

Last September, Mr. Garson had spurned a plea that would have capped his prison time at 16 months. After Mr. Garson rejected the deal, his original counsel, Ronald P. Fischetti, was granted permission to exit the case because of "irreconcilable differences."

The prosecution had extensive electronic surveillance evidence that Mr. Garson had coached Mr. Siminvosky on how to handle one of his cases without the lawyer for the other side being present.

In a videotape of the conversation in Mr. Garson's robing room made on Feb. 5, 2003 - 20 days before Mr. Siminovsky began cooperating - Mr. Garson was caught telling the ex-lawyer, that his client, Avraham Levi, would win even though "he doesn't deserve it." A trial date in Mr. Garson's matrimonial part was scheduled for the next day.

In other tapes, Mr. Garson was heard telling Mr. Siminovsky what to put into a memorandum of law concerning the disposition of the Levis' house and what questions he should ask Mr. Levi and what answers he should give.

In defending the ex parte aspect of the case, Mr. Washor conceded ethical lapses, but attacked the prosecution's claims that Mr. Garson had accepted anything of value.

He sought to raise doubt in the jurors' minds through his cross-examinations and his closing. Mr. Garson did not testify, and other than offering four stipulations, which took only 20 minutes, presented no evidence.

On the payment issue, the prosecution had a videotape, recorded after Mr. Siminovsky began cooperating, showing the ex-lawyer thanking the judge for the "pointers" as he handed Mr. Garson a box of cigars in his robing room.
The prosecution also had Mr. Siminovsky's testimony about the thousands of dollars worth of meals and drinks he had bought for Mr. Garson. That testimony was backed up by records of Mr. Siminovsky's credit card bills.

In his closing, Mr. Vecchione had pointed to those bills, showing that Mr. Siminovsky spent $3,149 on Mr. Garson before his arrest on Feb. 25, 2003.

On the day Mr. Siminovsky was arrested he agreed to wear a wire. In exchange, prosecutors allowed him to plead to a misdemeanor and agreed to recommend that he receive no jail time as long as he cooperated as anticipated. Mr. Siminovksy subsequently gave up his law license.

Mr. Washor dismissed the pre-cooperation payment evidence as the normal earmarks of a friendship. Aside from Mr. Siminovsky's testimony, he contended, there was no proof that all the entries on his American Express account were for outings with Mr. Garson.

An attack on Mr. Siminvosky's credibility became the linchpin of his defense that Mr. Siminovsky had been "scripted" by the prosecution to create proof of payment for the advice in the Levi case.

The famous videotape of Mr. Siminovsky handing Mr. Garson a box of cigars was merely Mr. Siminovsky acting under the close eye of investigators to manufacture evidence to create an illusion of criminal activity, Mr. Washor argued in closings.

The other key videotape showing Mr. Siminovsky handing Mr. Garson an envelope with $1,000 did not relate to the bribery charge since Mr. Siminovsky had testified that it was a payment for Mr. Garson's referral of two cases.

The tape, however, was direct evidence that Mr. Garson had indeed accepted money for referring cases to Mr. Siminovsky. But Mr. Washor countered that the prosecution had failed to prove a key element of the five referral fee counts.

The prosecution had to prove that Mr. Garson had accepted the payment in disregard of his obligation as a judge not to use his office for gain, either his own or Mr. Siminovsky's.

Mr. Washor disputed the prosecution charge that he used his office for personal gain, arguing instead that those he had referred were already his personal friends.

Unlikable Image

In ways not directly relevant to evidence of criminality, the tapes created enormous problems for Mr. Garson because they showed him to be callous, unlikable and offensive.

One passage captured Mr. Garson disparaging his job as a judge. The jury heard him say "one of the greatest things about this job is that I don't know what the f*** I have tomorrow until I get here and I don't give a s*** either."

He was frequently heard bad-mouthing women, and, in one instance, after describing a woman lawyer as "very ugly," he broke into the song "Make an Ugly Woman Your Wife."

In another passage he was heard referring to an Orthodox Jewish man as a "yammy."

      Can't Fix This! Brooklyn Judge Garson Guilty of Bribes

By Nancie L. Katz
New York Daily News
April 20, 2007

A disgraced Brooklyn judge, who was caught on hidden cameras accepting boxes of cigars and expensive liquor during cozy meetings with a crooked lawyer, was convicted yesterday of fixing divorce cases.

Former Supreme Court Justice Gerald Garson did not react when the jury,
Gerald Garson                                            which deliberated for two days, found him guilty of receiving bribes and official misconduct. He was acquitted of four other lesser counts.

The ex-judge faces up to 15 years in prison at his sentencing in June.

During the four-week trial, prosecutors showed Brooklyn jurors excerpts of hundreds of hours of profanity-laced audio and videotapes of Garson, 75, accepting boxes of expensive cigars, top-shelf liquor and other gifts from his pal Paul Siminovsky from October 2002 to March 2003.

Siminovsky testified against Garson.

"We proved the court system is corrupt," said Frieda Hanimov, who in 2002 raised suspicions that Garson was accepting bribes to fix divorce cases. She had been told her husband, who was divorcing her, paid a bribe to win custody of their children.

"It's a big shame. It proves no citizen should trust anyone in the court system," she said.

Garson's conviction comes as the result of a wider investigation District Attorney Charles Hynes conducted into whether judgeships were being bought and sold.

The probe nabbed the head of the Brooklyn Democratic Party, Clarence Norman, who was convicted three times, including once for forcing a judicial candidate to pay $10,000 to Norman's pals or lose his political machine's support.

Garson's attorney, Michael Washor, vowed to appeal. He called the videotapes a "Class-D" movie that created the "illusion of criminal conduct."

Former Judge Convicted of Bribery in Divorce Cases

Michael Brick
New York Times
April 19, 2007

'Pimps' Plagued Garson: Lawyer

By Patrick Gallahue
New York Post
April 18, 2007

April 18, 2007 -- Sleazy courthouse players were "pimping" Supreme Court Judge Gerald Garson behind his back, the disgraced jurist's attorney claimed yesterday in closing arguments at his corruption trial.

In a courtroom performance straight out of "My Cousin Vinny," Garson's bombastic lawyer, Michael Washor, put up no defense witnesses and instead launched into his closing - accusing the government's star witnesses, Paul Siminovsky and an associate, of exaggerating their claims of influence over the judge.

"They were selling him, they were pimping him without his knowledge," Washor said, drawing laughs from jurors.

He blasted the shocking surveillance tapes that showed Garson taking cash and cigars from Siminovsky - whom the lawyer called a "weasel" about a dozen times - as a "class-D movie . . . financed and staged" by prosecutors.

But prosecutor Michael Vecchione didn't bother sticking up for his star witness.

"Siminovsky is the corrupter, Siminovsky is the fixer, Siminovsky is a criminal," he said, adding: "Garson taught him very well."

Da Rips Garson on His 'Robbing Room'

By Nancie L. Katz
New York Daily News
April 18, 2007

Disgraced Brooklyn Supreme Court Justice Gerald Garson turned his robing room into a "robbing room," fixing divorce cases for his favorite crooked lawyer, the prosecution declared yesterday.

In a summation that lasted more than two hours, Assistant Brooklyn District Attorney Michael Vecchione said the trial had exposed the judge, who is accused of taking bribes, as "corrupt, disgraceful and disgraced."

But in his wrapup, defense attorney Michael Washor branded lawyer-turned-prosecution-witness Paul Siminovsky a corrupt "weasel" who "pimped" the unwitting judge, creating an "illusion of criminal conduct."

Siminovsky's clients "bought the lie," Washor said, calling five months of video and audiotapes of Siminovsky giving Garson drinks, meals, cash and cigars a "class D movie."

Washor joked about the evidence, calling it "garbage" and claiming Garson, who has been suspended, accepted $1,000 cash from the lawyer in a taped sting because he thought it was a campaign contribution for his wife, Civil Court Judge Robin Garson.

"This man is on trial for being a corrupt judge," Vecchione said. "He turned his robing room into a robbing room and robbed litigants of their absolute right to a fair trial."

Vecchione charged that Garson repaid Siminovsky with lucrative appointments and by fixing divorce cases - citing instance after instance in which the judge coached the lawyer on how to win his case in front of him.

The case goes to the jury today.

How Dare You! She Cries, amid Garson's Bribe Trial

By Nancie L. Katz
Daily News Staff Writer
April 13, 2007

A Brooklyn woman burst into tears yesterday as she heard recordings of her divorce judge promising her former husband's lawyer she "won't get s---."

"It was painful. It hurt," Sigal Levi said after listening for the first time to secret profanity-laced tapes of Brooklyn Supreme Court Justice Gerald Garson deriding her as he coached his crooked lawyer pal, Paul Siminovsky, on how to win.

"He was talking about my children, my life," Levi said. "I came to him for help. What did he give me? He broke up my family, took away my two precious boys. How dare he treat me like that? I'm here to see justice!"

Levi's ex-husband, Abraham Levi, has admitted paying a $10,000 bribe to fix his divorce case.

Sigal Levi had expected to testify yesterday at Garson's bribery trial, but prosecutors did not call her. Then, in an explosive exchange, defense lawyer Michael Washor demanded she be thrown out of the courtroom because she might elicit "sympathy." The request was denied.

Sigal Levi's divorce lawyer, Michael Joseph, took the stand to say he never gave Garson and Siminovsky permission to discuss the case without him present.

The tapes caught Garson assuring Siminovsky he "was a winner either way." Sigal Levi sobbed, quietly wiping tears as she heard his words.

"I'm sorry the jury couldn't hear me. The jury should have had a face and a voice for a victim," said Sigal Levi, a mother of five whose two older sons were given to the father.

Prosecutors rested their case against Garson, who could face up to seven years behind bars if convicted of taking drinks, dinners, cash and cigars from Siminovsky in exchange for giving him lucrative appointments and fixing cases.

Sitting Duck

By Alex Ginsberg
New York Post
April 6, 2007

The lawyer for disgraced Brooklyn judge Gerald Garson ripped into the prosecution's star witness yesterday, calling him a spineless stoolie who sold out his mentor, his clients, his partner and even his family to keep himself out of jail.

Defense lawyer Michael Washor appeared ready to blow a gasket after the witness, crooked lawyer Paul Siminovsky, admitted he alone made the decision to wear a wire and cooperate with the DA.

"Didn't you discuss that with your wife?" Washor asked.

"No," said Siminovsky.

"Didn't you think you owed that to her before you became what is known as a rat?" Washor shot back.

Throughout five hours of cross-examination, Siminovsky never once took the bait, answering an increasingly hysterical Washor in a mildly bemused deadpan.

Siminovsky, who has been disbarred, calmly conceded he kept in the dark not only his own law partner, but the clients he was representing - in some cases handing over the matrimonial case files of those clients.

It's through Siminovsky's cooperation that prosecutors were able to catch the judge on tape accepting a box of cigars and $1,000 cash as thank-you's for case advice and client referrals. Both are ethical violations and receiving a reward for them is criminal.

Yesterday, Siminovsky said that until he was arrested, he never thought there was anything wrong with the scores of lunches, dinners and cocktails to which he treated the judge.

"I didn't think it was a bribe," he said. "It was business as usual. It's how you get ahead in the world."

"Did it help you being the pet of Gerald Garson?" asked Washor.

"Yes," Siminovsky conceded.

And when he allowed that he'd seen a therapist shortly after his arrest, Garson's lawyer was ready with his next witticism.

"So that you could learn to live with yourself?" he asked.

But in the end, it was Washor more than Siminovsky who lost his cool.

Seemingly at wit's end after Justice Jeffrey Berry sustained a series of objections to Washor's phrasing of a question, the lawyer turned to his client and his co-counsel to let off steam.

"What the f--- was wrong with that question?" he asked under his breath, but loudly enough to be clearly heard in the gallery. "What the f--- is wrong with this judge? This is cross-examination of a major witness!"

                 Wiretap Captures Garson's 'Fee' Speech

By Alex Ginsberg
New York Post
April 3, 2007

Disgraced former Brooklyn Judge Gerald Garson not only handed out improper legal advice to a shady divorce lawyer in his courtroom - he even told him how much to charge clients.

Recordings of wiretaps between Garson and lawyer Paul Siminovsky - which were played for a jury yesterday - reveal that the alleged dirty judge instructed his friend on everything from how to craft a closing memorandum in a divorce case to what to charge his client.

"We had a lot of testimony [on the case]," Garson is heard telling Siminovsky over lunch at the Brooklyn Marriott on March 4, 2003.

"You are really going to have to do a good memo. You better charge him [money for the summation]. You better tell him. He's in for, like, $7,500 or more."

The lawyer's closing memorandum was also the topic of conversation less than a week earlier, on Feb. 27, as the two men rode in Siminovsky's car to dine at Nino's on First Avenue in Manhattan.

"You better tell me what you want in the memo," Siminovsky says, again referring to the contentious divorce case, Levi v. Levi. "That's all I've got to tell you."

"Whatever you want," Garson is heard telling him. "Whatever evidence, ah, supports your position. You know, point it out, give me a little, a . . . "

Garson, 74, faces 31 years in prison on charges including receiving rewards for official misconduct and bribe-taking.

NY Lawyer Pursuing Toilet Question Asked to
"Tone It Down" at Ex-Judge's Bribery Trial

By Tom Perrotta
New York Law Journal
New York Lawyer
April 3, 2007

The attorney for Gerald P. Garson, the ex-Supreme Court judge on trial in Brooklyn for bribery, yesterday attacked the character of the prosecution's chief witness.

The witness, disbarred lawyer Paul Siminovsky, wore a wire for the Brooklyn District Attorney's Office and has testified to taking Mr. Garson out for dinners and drinks in exchange for advice on cases and court assignments.

On the first day of cross-examination yesterday, Mr. Garson's attorney, Michael S. Washor, tried to fluster Mr. Siminovsky and damage his reputation, mostly by recounting Mr. Siminovsky's disbarment and his undercover work for prosecutors.

"You lied to this man, your mentor?" Mr. Washor asked.

At one point he earned a mild admonition from Justice Jeffrey G. Berry. Mr. Washor was questioning Mr. Siminovsky about his plea to a misdemeanor; when he asked Mr. Siminovsky what date he had pleaded guilty, Mr. Siminovsky asked, "In court?"

"No, in the toilet," Mr. Washor replied.

Mr. Washor also could be heard speaking softly to his co-counsel, "Let me handle it. This [expletive], I'm going to get him."

After dismissing the jury, Justice Berry called Mr. Washor a "talented attorney" but asked him to "tone it down."

Mr. Washor apologized to the jury, but proceeded to ask Mr. Siminovsky if he knew the difference between a court and a toilet.

Mr. Siminovsky remained composed throughout.

Justice Berry dismissed the jury until Thursday for Passover.

'Nursing' a Grudge vs. Judge

By Janon Fisher
New York Post
April 1, 2007

A Brooklyn woman claims she was ordered to leave her baby at home and to pump her breast milk before coming to divorce court - or indicted Brooklyn judge Gerald Garson would give her infant to welfare services.

"You have to get rid of that baby immediately. If someone doesn't take her, I'm going to send her to the agency," Garson allegedly told Enbar Bloomer, 38, during her child custody case.

Bloomer protested, saying her 8-month-old baby girl was breastfeeding.

"He said, 'I don't care about your baby - you have to pump your milk,' " she alleged.

But the shocking outburst is not an isolated case, others claim.

The red-faced and ranting judge often berated women from Brooklyn's Jewish Orthodox community while he allegedly took bribes from their ex-husband's lawyers, others alleged.

"It's like a circus in his courtroom," claimed Frieda Hanimov, who wore a wire to help the Brooklyn DA bag the jurist. "He'd curse and use the f-word. How can someone like him be a judge?"

Garson, 74, is on trial for bribery.

Call Accused Judge Old Yeller

Nancie L. Katz
New York Daily News
March 30, 2007

A Brooklyn divorce judge accused of fixing cases for a lawyer in exchange for cash was caught on tape screaming at a woman who suspected her trial was fixed, prosecutors said yesterday.

Supreme Court Justice Gerald Garson allegedly yelled at Sigal Levi's lawyer on Feb. 27, 2003, after she threatened to tell a journalist of his unfair rulings in her divorce case.

"You'd better tell your client right now that she'd better keep her mouth shut," Garson allegedly screamed. "And she better not threaten me! Now get out there and tell her right now!"

Crooked lawyer Paul Siminovsky, who represented Levi's husband, told a Brooklyn jury yesterday that Garson advised him on how to win the Levi case.

If convicted of taking bribes, Garson could face up to seven years behind bars.

A 'Powerful' Lesson from 'Bribe' Judge

By Alex Ginsberg
New York Post
March 29, 2007

He'll never quite join the ranks of Machiavelli, but disgraced Brooklyn judge Gerald Garson offered his own lessons on the use of power.

"I asked him how powerful he really was," Paul Siminovsky, Garson's one-time friend and now the star witness at his corruption trial, testified yesterday in Brooklyn Supreme Court.

"He said to me, 'It's not important to be powerful. It's important to be perceived as powerful.' And he was perceived as powerful," Siminovsky said.

It was over a 2002 lunch at Queen restaurant in Downtown Brooklyn, the pair's favorite dining spot, that Garson allegedly shared his thoughts.

And while Siminovsky was but the student at that time, he quickly became the master, using those skills to pump up his reputation. He said he used courtroom phones at his pleasure, conspicuously dined with Garson in public and, on one occasion, dazzled a potential client by interviewing him in the judge's robing room.

"People knew I was friendly with him and close to him," the former matrimonial lawyer testified. "It would intimidate opposing counsel. Whether I had an edge or didn't have an edge, they thought I did."

But the relationship also paid big dividends in other ways, Siminovsky testified, providing him with scores of client referrals and lucrative guardianship appointments, which he repaid with cash kickbacks or, in one case, a donation to the campaign fund of Garson's wife, then a Civil Court candidate.

And when the judge asked him to solicit more campaign donations for his wife, Siminovsky said he happily performed the favor.

"First he asked me just to raise money in general," Siminovsky said. "Then he asked me specifically to send envelopes where you send documents and literature to certain people, because he wasn't allowed to do it because he was a judge."

Judge Robin Garson, who has attended every day of her husband's trial, said judicial rules also prevented her from responding to the testimony.

Gerald Garson's lawyer, Michael Washor, said he was troubled by Siminovsky's ability to remember details, such as ordering matzo ball soup on March 4, 2003.

"He appears like he's been coached," Washor said. "Some of his testimony reached the degree of incredibility, but I'm sure he'll able to come up with an explanation." Asked whether it was unusual for him to ply the judge with expensive gifts, Siminovsky recounted how on one occasion he had re-gifted to Garson a bottle of pricey Johnnie Walker Blue scotch that a client had given him.

The judge was duly impressed, Siminovsky said.

But then on Thanksgiving 2002, he recalled giving Garson a bottle of wine and the judge groused, "This is s- - -, who drinks this?"

That drew laughs from members of the jury.

'Check Mated' Garson
Pal's Tale of Lunch Tabs

By Alex Ginsberg
New York Post
March 28, 2007

There's no such thing as a free lunch - unless your name is Gerald Garson.

In the first day of his testimony against the former judge, star witness Paul Siminovsky, a lawyer and erstwhile Garson buddy, recounted hundreds of lunches and happy hours the two shared - nearly always on Siminovsky's dime.

"The check came and the waiter put it in the middle
of  the table," Siminovsky told jurors of his and
Lawyer Paul Siminovsky               Garson's first lunch out together in 1999, at the Queen restaurant on Court Street in downtown Brooklyn. "And I said, 'Is it all right if I pick up the check?' and he said, 'I don't see why not.' "

Siminovsky took the stand against the 74-year-old former judge as part of a cooperation deal he made with the Brooklyn DA's Office - an agreement that also called for him to catch the judge on video accepting a box of cigars and $1,000 cash.

In return, prosecutors have promised Siminovsky a misdemeanor plea and a recommendation to the judge that he not serve jail time.

But the star witness didn't have enough time yesterday to get into any alleged crimes by the judge - except for the mooching, which increased throughout 2001 and 2002.

"If I was in his part in court that day, one of us would just say, 'Do you want to go to lunch?' " Siminovsky said.

Of those lunches at Queen or the Brooklyn Marriott, where the two often enjoyed cigars purchased at the bar, or dinners at Nino's on First Avenue in Manhattan, only a few exceptions stuck out from the Siminovsky-only payment plan.

On one occasion in 2002, the two men dined with the judge's law secretary at Queen, but the judge changed the game plan when he saw another matrimonial lawyer seated at the next table.

"When the check came, I went to pay it, and Judge Garson said it wouldn't look good," Siminovsky recalled.

Pressed to recall an instance in which the judge did pay the check, Siminovsky cited a late 2002 bar night during which the tab came to $5 or $6.

"And that's the one Garson picked up?" asked prosecutor Michael Vecchione.

"Yes"

Siminovsky also told jurors how, following his arrest on Feb. 25, 2003, he was taken to a room where a table full of detectives and assistant DA's awaited him.

"I turned around and I started to cry," he said.

But Siminovsky pulled himself together quickly, agreeing in less than an hour to cooperate, donning a wire, then heading right back out to lunch with the judge.

On Tuesday, jurors watched videos of Siminovsky give a $250 box of Romeo y Julieta Dominican cigars and $1,000 cash to the embattled jurist.

Garson's defense team has argued that most of the damning evidence in the case was manufactured by Siminovsky in a desperate effort to win his own freedom by delivering Garson's head.

Garson faces up to 31 years if convicted on charges of receiving a bribe and receiving rewards for official misconduct.

Garson Ate up Bribes, Pal Sez

By Nancie L. Katz
New York Post
March 28, 2007

Disgraced Brooklyn Judge Gerald Garson wasn't hungry for justice - he was just hungry, a crooked lawyer testified yesterday.

Paul Siminovsky told jurors that Garson milked him for free lunches, dinners and drinks for nearly two years while steering him clients and telling him how to win cases in his courtroom.

Siminovsky said he became "extremely comfortable" with the divorce judge from 2001 until Garson's arrest on bribery charges in March 2003.

"I committed criminal acts with Judge Garson," Siminovsky said, citing 10 improperly handled cases and pointing to the former jurist, who clasped his hands and fidgeted during the testimony.

The lawyer agreed to testify against his former mentor in exchange for receiving no jail time.

At least a dozen people have accused Garson of ruining their lives by unfairly ruling in divorce and custody cases after accepting bribes and favors.

Siminovsky said he always picked up meal checks, ranging from $50 to $70, and sometimes paid for Garson's law secretary. Siminovsky confessed he cried when he was arrested on Feb. 25, 2003, and was confronted with secret video and audio tapes of his tight relationship with the judge.

Disbarred NY Lawyer Turned
Warehouse Worker Testifies Against Ex-Judge

By Daniel Wise
New York Lawyer
New York Law Journal
March 28, 2007

Ex-lawyer Paul Siminovsky, in his first day of testimony yesterday at the bribery trial of former Brooklyn Justice Gerald P. Garson, told jurors he knew why he was being arrested as soon as he was hemmed in by three police SUVs on his way to work on Feb. 25, 2003.

A short while later, he said he "started to cry" after detectives led him into a room with about a half dozen prosecutors and investigators seated around a table and he asked to use the restroom to compose himself. When he returned, he told the jury, he agreed to cooperate and wear a body wire after being told he had been captured on audio- and videotapes committing crimes, including giving bribes.

Under a second cooperation agreement, negotiated 16 months later, he agreed to give up his law license.

Mr. Siminovsky was disbarred in early 2005 and has worked in an electronics warehouse in Elizabeth, N.J., for the past 18 months. He also pleaded guilty to a misdemeanor, and the prosecution has said it will recommend he not be jailed when he is sentenced as long as his testifies truthfully.

Yesterday, Mr. Siminovsky described how a personal relationship developed and blossomed with Mr. Garson after the judge praised the lawyer in 1999 for the way he had handled a law guardianship Mr. Garson had assigned to him. The judge suggested the two go out to lunch, and Mr. Siminovsky said the judge had no objections when the lawyer offered to pick up the tab.

Over the years, Mr. Siminovsky testified, the two went out to lunch more frequently and expanded their socializing to drinks - sometimes as early as 3 p.m., after Mr. Garson had finished "his work day" - and dinners. Mr. Siminovsky said that almost invariably he picked up the check.

By the end of 2002, the lunches had become "constant," he added. Typical drink tabs, including cigars, at the Archive bar and restaurant in the Marriott Hotel in downtown Brooklyn ranged from $50 to $70, Mr. Siminovsky said. Dinner bills at the Archive ranged from $40 to $50, but the pair also ran tabs in excess of $150 when dining at more upscale restaurants.

Mr. Siminovsky is expected to continue on the stand this morning.

Warned Ex-Judge Over Lawyer Pal, Aide Sez

By Nancie L. Katz
New York Daily News
March 27, 2007

The law secretary for disgraced former Judge Gerald Garson testified that his boss repeatedly shrugged off his warnings that a relationship with a divorce lawyer was becoming too cozy.

Lawrence Rothbart described to a Brooklyn jury yesterday how Paul Simonovsky would freely stride in and out of Garson's private robing room, use the phone in the judge's chamber without asking and even sit near the judge when other cases were being heard.

"Very often I would come in and Paul would be in my chair, right next to the judge's desk," Rothbart said.

Garson, a suspended Supreme Court justice, is charged with accepting thousands of dollars in meals, drinks, cigars and cash from Simonovsky in exchange for giving him lucrative guardianship assignments and fixing divorce cases.

Rothbart said he once questioned the judge about an expensive bottle of liquor and cigars found in his robing room that Garson conceded were gifts.

"Often I told the judge it was very improper," he said. "He was dismissive. He'd say, 'Don't worry about it.'"

Under questioning by defense attorney Michael Washor, Rothbart conceded he was jealous of Simonovsky's unfettered access.

"Both of them didn't pay any attention to you? You didn't like that?" asked Washor.

"Yes," Rothbart said.

Rothbart described Simonovsky as a friend, but admitted to Washor that he grew more uncomfortable as the relationship progressed between Simonovsky and Garson.

"Did it bother you that he sat in your chair? ... Right in your chair? Your friend would walk right by you, you didn't like that, did you?" Washor asked.

Garson 'Let Lawyer Run Loose'

By Alex Ginsberg
New York Post
March 27, 2007

The former law secretary for disgraced judge Gerald Garson told a Brooklyn jury yesterday that he advised his boss not to conduct improper off-the-record conversations with an attorney - only to be rebuffed.

Lawrence Rothbart testified that he was increasingly uneasy about the level of access the lawyer, Paul Siminovsky, got.

"I told him I thought it was improper," said Rothbart, who emerged unscathed from the DA's bribery investigation into his ex-boss and is now a divorce lawyer. "It didn't look good. He said, 'Don't worry about it.' "

Siminovsky made himself at home in the judge's courtroom and robing room, Rothbart said.

"He would use the court phone without permission . . . He would come into the robing room more and more when he didn't have a case on."

One intrusion particularly bothered the law secretary.

"Very often I would come in and Paul was sitting in my chair," Rothbart said.

Judge 'Tape' Worm- Pal' Was Key: Cop

New York Post
March 22, 2007

The Brooklyn DA's investigation into disgraced former judge Gerald Garson was going nowhere until a shady lawyer buddy agreed to help get the goods on him, the lead detective on the case said yesterday.

On Tuesday, jurors watched videos of Garson accepting a box of cigars and $1,000 cash from the lawyer friend, Paul Siminovsky, exchanges orchestrated by the DA's Office with Siminovsky's cooperation shortly after his arrest on Feb. 25, 2003.

But during cross-examination yesterday, Detective George Terra, the chief investigator on the case, allowed that "flip ping" Siminovsky was the turning point in the probe.

"Isn't it true that up until Feb. 25, 2003, you did not have a scintilla of evidence that Jerry Garson asked for cigars?" asked Michael Washor.

"Correct," said Terra.

The exchange with the detective played directly into Washor's game plan of casting the video evidence as a trap set up by Siminovsky to save himself by delivering Garson.

"We're trying to show, and I think we have, that until these videotapes were created, they didn't have a scintilla of evidence," Washor told reporters.

Garson, 74, faces up to 31 years if convicted on charges of receiving a bribe and receiving rewards for official misconduct.

The probe began in October 2002 when a distraught Brooklyn mother complained to the DA's Office that she believed Garson, who was hearing her custody case, had been "bought."

Detectives never turned up evidence that Garson fixed any case, although on one video he is seen telling Siminovsky how to litigate and predicted how he'd rule.

The two most damning videos, the "cigar" tape and the "money" tape, were recorded after Siminovksy had flipped.

But Washor hammered away yesterday at the point that before Siminovsky signed on, there was no evidence that the judge was taking bribes.

"On any of the tapes that you have listened t