US prosecutor: Mandatory prison sentence was key to deal with George Santos

By Luc Cohen

NEW YORK (Reuters) – George Santos' willingness to spend at least two years in prison was a crucial part of his agreement to plead guilty to fraud and identity theft, the federal prosecutor prosecuting the scandal-plagued former U.S. congressman said on Tuesday.

Breon Peace, U.S. attorney for Long Island and the New York boroughs of Brooklyn, Queens and Staten Island, told Reuters in an interview that the deal under which Santos pleaded guilty on Monday was only recently reached.

The Republican former congressman from Queens and Long Island was indicted in May 2023 on charges of falsifying donation figures and later expelled from Congress. He first came to public attention when it was reported that he had falsified large parts of his biography during his congressional campaign.

Santos, 36, faces up to 22 years in prison when he is sentenced by U.S. District Judge Joanna Seybert on Feb. 7. He has agreed not to appeal a sentence of about eight years or less, and the aggravated identity theft charge to which he pleaded guilty carries a mandatory two-year prison sentence.

“Corruption in politics or public service undermines trust in our government institutions,” Peace said in his downtown Brooklyn office a day after Santos pleaded guilty. “It's important that he be punished, and we think that includes him spending time in prison.”

Peace said it was too early to say what sentence prosecutors would recommend. Although Santos pleaded guilty to only two counts, he admitted wrongdoing on all 23 counts he was initially charged with, which Seybert may take into account in determining sentencing.

Santos' lawyers did not respond to a request for comment.

Peace said Santos' conviction shows his office's commitment to pursuing corrupt public officials. But he acknowledged that recent Supreme Court rulings in bribery cases limit the scope of conduct that can be charged as corruption. Santos has not been charged with bribery.

In June, the justices ruled by a 6-3 majority that it does not violate federal bribery law for state and local officials to accept tips as a token of appreciation after performing an official function.

In another case last year, the court limited the circumstances under which someone who is not a government employee can be charged with official fraud.

“While these decisions make bringing prosecutions in cases of corruption or fraud in public service, frankly, somewhat more challenging and difficult, they will not deter us,” Peace said.

Financial crime, drug trafficking

Peace, who was nominated by Democratic President Joe Biden for office in 2021, has a record of legal victories.

This summer, jurors in Brooklyn convicted an academic of acting as an illegal Chinese agent, found a former Mozambican finance minister guilty of bribery conspiracy charges, and convicted the founder of a media startup of lying to investors about his company's finances.

“We are a magnet for all kinds of criminal activity,” Peace said, noting that his district, with 8 million residents, is one of the most diverse in the country. “So we have to do something.”

Peace, 52, is now preparing for a likely prosecution of suspected Mexican drug lord Ismael “El Mayo” Zambada.

Zambada was arrested last month and faces drug trafficking charges in several states. Prosecutors in Texas – where he is currently being held – asked a judge last week to transfer him to Brooklyn to face charges there first. The motion is pending.

Peace declined to comment on the Justice Department's considerations for potentially moving Zambada to Brooklyn, noting that both Zambada co-founder Joaquín “El Chapo” Guzmán and former Mexican security minister Genaro Garcia Luna were convicted of drug offenses in Brooklyn.

“This record shows that we can successfully handle cases of this magnitude,” Peace said.

(Reporting by Luc Cohen in New York; Editing by Noeleen Walder and Jonathan Oatis)