Mandatory prison was key to George Santos deal, US prosecutor says

By Luc Cohen

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

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

The Republican former Queens and Long Island representative was charged in May 2023 with fabricating fundraising figures, and was later expelled from Congress. He first came into the public eye when it was reported that he had fabricated wide swaths of his biography during his congressional campaign.

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

"Whenever you have corruption in politics or public service, it does erode confidence 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 part of that, we think, is having to serve some time in prison."

Peace said it was too early to say what sentence prosecutors would recommend. Even though Santos only pleaded guilty to two counts, he admitted wrongdoing in each of the 23 counts he initially faced, which Seybert can take into account at sentencing.

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

Peace said Santos' conviction demonstrated his office's commitment to prosecuting corrupt public officials, though he acknowledged that recent Supreme Court rulings in bribery cases would narrow the scope of conduct that can be charged as corruption. Santos was not accused of bribery.

In June, the justices ruled 6-3 that it was not against federal bribery law for state and local officials to accept gratuities as tokens of appreciation after an official act.

In a separate case last year, the court limited the circumstances in which someone not serving in government can be charged with honest services fraud.

"While these decisions may make charging public corruption cases or fraud cases, frankly, a bit more challenging, a bit more difficult, they won't deter us," Peace said.

FINANCIAL CRIME, DRUG TRAFFICKING

Peace who was nominated by Democratic President Joe Biden to his role in 2021, is coming off a string of trial wins.

Brooklyn juries this summer convicted an academic on charges of acting as an illegal Chinese agent, found a former Mozambican finance minister guilty on conspiracy charges related to bribes, and convicted a media startup founder on charges of lying to investors about his company's finances.

"We're a magnet for all types of criminal activity," Peace said, noting that his 8 million-person district is one of the country's most diverse. "So we have to take action."

Peace, 52, is now gearing up for a likely prosecution of alleged 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 now being held - last week asked a judge to move him to Brooklyn to face charges there first. The request is pending.

Peace declined to discuss the Department of Justice's deliberations that could see Zambada sent to Brooklyn. He noted both Zambada's fellow Sinaloa Cartel co-founder Joaquin "El Chapo" Guzman and former Mexican security minister Genaro Garcia Luna were convicted on drug-related charges in Brooklyn.

"That record demonstrates 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)