By Adam Sichko
Albany Business Review

Attorneys for former state Senate Majority Leader Joseph Bruno have once again sought to have Bruno's sentencing delayed.

Bruno, 81, is to be sentenced on May 6. His attorneys want to push that back at least two months.

The reason: The U.S. Supreme Court is ruling on three cases involving the federal "honest services" statute, which is what federal prosecutors used as the basis for their legal arguments in Bruno's trial last year.

William Dreyer, a partner at Dreyer Boyajian LLP in Albany, said the court is expected to rule on the cases in June. Dreyer wants Bruno's sentencing to take place 30 days after the rulings are issued - calling the matter an issue of "fundamental fairness."

"The constitutionality, scope and application of this statute are seriously in question," Dreyer wrote on April 7 to U.S. District Court judge Hon. Gary Sharpe. "If the statute is struck down or limited, the decision will impact the verdict or other aspects of the Bruno case, including the sentencing."

Dreyer cited three cases in other federal courts that have been postponed until the Supreme Court weighs in on the honest-services statute.

There was no immediate response from Sharpe or from federal prosecutors.

On Dec. 7, 2009, a jury in Albany convicted Bruno on two of eight counts of federal mail and wire fraud. Bruno was acquitted of five other counts; the jury could not reach a verdict on an additional count.

Bruno, of Brunswick, faces a maximum $250,000 fine and up to 20 years in prison for each count he was convicted on.

He was originally scheduled to be sentenced on March 26, but Dreyer successfully had sentencing postponed until May 6, saying he and Bruno's other attorneys needed more time to gather relevant materials.

Federal prosecutors accused Bruno of intentionally and illegally covering up his outside consulting activities while in office as the Senate's most powerful legislator.

Bruno made $3.2 million through his consulting work over a 12-year period. By law, state legislators are part-time workers, enabling them to hold outside employment.

Prosecutors said Bruno devised and carried out a scheme to hide his business dealings - which often involved people or companies that had business before the state - by withholding information on annual disclosure reports legislators must file with the state.

In doing so, they argued, Bruno violated federal law by depriving New Yorkers of his "honest services," according to the language of the federal statute.

Bruno has maintained his innocence, saying he broke no laws. He plans to appeal the jury's verdict, but can't until he is sentenced.

Last year, Bruno spent at least $1.2 million on attorneys' fees. Family members, friends and business people have written letters to Sharpe supporting Bruno and asking for a lighter sentence.

Bruno is the former CEO of CMA Consulting Services, a 400-person information-technology/software consulting firm headquartered in Latham. Bruno joined the firm in summer 2008 after he retired and ended a 32-year career in the Senate.