Former mayor of Yauco Abel Nazario was sentenced today to 18 months in prison after finding him guilty of several charges of release false statements about funds from the Federal Department of Labor.
The sentencing hearing took place today, by videoconference, in front of the federal judge Joseph Laplante. In addition, the robber determined that once he served his sentence, Nazario would have to serve another two years on probation. On March 21, Nazario was found guilty by a jury of 28 counts of making false statements and five counts of wire fraud. However, in September, the judge dropped the convictions for all five allegations of wire fraud.
Before being convicted, Nazario, also a former senator of the New Progressive Party (PNP), said he accepted the jury’s decision and the judge’s sentence, but said he maintained a “clear conscience.”
“I know that I will no longer be able to do what I love most, that is, to dedicate myself to public service … Please just give me the opportunity to be with my father in his last days,” Nazario asked him. Judge Laplante during the virtual hearing. Nazario’s father is 97 years old.
However, after his plea, Laplante questioned Nazario’s motives in certain segments of his statement and said the former senator’s behavior was a “serious crime.” The judge also commented that during the trial, he could see that Nazario was trying to project himself as a “benefactor” with funds that did not belong to him.
“I was struck by an image in which you personally hand over these checks to your employees. I did not feel that it was the conduct of a municipal government. You seemed to want to design yourself as a benefactor or a savior. I don’t think that’s appropriate. It’s not about their money or their jobs. It was about money and public office, “the judge said after Nazario’s statements.
Nazario’s lawyer, María Domínguez, also tried to persuade the judge to issue a probation sentence, rather than send him to prison.
“No public money has been stolen from him during his brilliant political career. He was not allegedly involved in acts of public corruption. Assuming the veracity of the facts of your case and taking the jury’s verdict, your behavior does not deserve a prison sentence. In particular, given the risks involved in being imprisoned in the midst of the COVID-19 pandemic, “says the motion that Nazario’s legal defense filed in court on February 2.
“A probation sentence is sufficient, but not longer than necessary, and will allow the defendant to reach his potential while continuing to serve his community and spend time with his elderly father,” the legal document reads. .
After being convicted, Domínguez asked the judge to place Nazario in a prison near the island – such as Tallahassee or Miami – because there are no federal government prison facilities in Puerto Rico. Domínguez also referred to dozens of letters they submitted to the court requesting leniency for Nazario. Among the political figures who sent letters are former People’s Democratic Party (PPD) senator Eduardo Bhatia, PNP senators Henry Neumann, Carmelo Ríos, Gregorio Matías and the new progressive representative José Aponte.
Federal prosecutor Scott Anderson, for his part, opposed Domínguez’s proposals and argued that Nazario was responsible for his own actions and that he was the only one who decided to commit these crimes. “Politicians must be judged to a higher standard. If we allow them to lie to the federal government, the message we send is that there is nothing wrong with deceiving the government. You can go your own way without serving a sentence,” Anderson said. . “Everything the defendant did [Nazario] it was to his advantage, “he continued.
In 2018, the federal government accused the former mayor of committing electronic fraud and making false statements about the management of funds from the Federal Department of Labor. The events for which Nazario was charged date back to 2014 when, following a referral from the Comptroller’s Office, the Federal Department of Labor ordered the municipality to make retroactive payments to approximately 177 employees for a total of $ 588,961.43. This is as a result of an investigation by the federal agency that found that the municipality of Yauco agreed with these employees to work two hours a day voluntarily.
Meanwhile, Laplante left it up to the parties to hold an additional hearing for a discussion on the amount of money to be returned by Nazario.
Nazario’s defense opposed the federal government’s estimated $ 34,846.39 as part of a loss of wages for employees from whom Nazario withheld their regular pay. Nazario’s lawyer, Javier Micheo, said the figure should be reduced to $ 6,600.06. Micheo said the figure should be reduced because there is not enough evidence from the municipality to claim that these hours were worked. He added that the figure also deserves a reduction, as many of these employees who testified did not have a contract in the municipality of Yauco.
Anderson opposed Micheo’s claims that the lack of municipal documentation was due to Nazario’s own administration while he was mayor of Yauco for 16 years. “They want to use their failures as mayor to their advantage,” Anderson said. “This is the amount owed to the victims,” he added.
However, Laplante rejected Nazario’s request for legal representation, but suggested that the parties hold a separate hearing to resolve the dispute.