Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 1 of 71

U1’JITED STATES DISTRICT COURT
SOUTHERN DISTRICT Of NEW YORK
UNITED STATES Of AMERICA,
V.

No. 17 Cr. 307(DLC)

ANTHONY WEINER,
Defendant.

SENTENCING MEMORANDUM ON BEHALF OF ANTHONY WEINER

Arlo Devlin-Brown
Erin Monju
Covington & Burling LLP
620 Eighth Avenue
New York, NY 10018
212-841-1046
Attorneys for A nthonv Weiner

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TABLE OF CONTENTS
INTRODUCTION
RELEVANT FACTS

4

I.

Anthony’s Personal Background

4

A.

Anthony’s Troubled Childhood

4

B.

Anthony’s Remarkable Career in Public Service

6

II.

Anthony’s Sickness, Offense Conduct, and Recovery

12

A.

The Beginning of the Sexting Habit

12

B.

Anthony’s Pattern of Sexting Online with Adults

15

C.

Anthony’s Communications with the Teenager

15

D.

Anthony’s Diagnosis, Intensive Treatment, and Ongoing Recovery

19

III.

The Improper Injection of the Investigation into the U.S. Presidential Election

25

IV.

The Plea Agreement and Guilty Plea

2$

ARGUMENT
I.

11.

30

The Sentencing Guidelines Calculation, Based On Illogical Cross-References, Is
Due No Weight

31

The

37

A.

B.

C.

§

3553(a) Factors Do Not Warrant A Custodial Sentence
The Unique Nature and Circumstances of the Offense, Far Less Severe
Than Others Prosecuted, Do Not Require Incarceration

37

Anthony’s History and Personal Characteristics Warrant Leniency

44

1.

The Offense Was the Product of Sickness, Not Venality

44

2.

Anthony’s Extraordinary Progress in Treatment

4$

3.

Anthony’s Decades in Public Service

50

4.

Anthony’s Commitment to His Son

52

Incarceration Is Not Required to Satisfy the Remaining Goals of
Sentencing

55

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III.

1.

Anthony’s Ignominy Is Itself a Deterrent. 55

2.

Anthony Does Not Present a Threat to Other Minors

56

3.

Anthony Has Already Experienced Significant Punishment, Some
of It Unfair

59

A Sentence of Probation with Conditions Including Continued Treatment and
Community Service Is Sufficient, But Not Greater Than Necessary, to Satisfy the
Goals of Sentencing

60

CONCLUSION

67

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INTRODUCTION

This crime arose from the sad confluence of untreated addiction and profit-seeking
curiosity. In January 2016, Anthony Weiner, at the depths of an uncontrolled sickness, was
compulsively responding from his Manhattan apartment to all corners who contacted him over the
Internet. Hundreds of miles away, a curious high school student, looking to generate material for
a book the Government has disclosed she is now shopping to publishers, wanted to see if she could
induce the infamous behavior for which the disgraced former Congressman was by then best
known. She could. He at first rebuffed her repeated requests, but within a few weeks, with his
judgment clouded by disease, he committed the crime for which he has accepted responsibility,
exchanging sexually explicit messages with her as he did with the many adult strangers to whom
he responded online. The high school student documented their interactions from the outset,
selectively photographing her phone to preserve messages otherwise designed to vanish.
September 2016, she sold her story to a British tabloid for $30,000.

In

The instant federal

investigation was properly launched in response, and then, quite improperly, injected into the U.S.
presidential election, quite possibly affecting its outcome. After the election was over, the high
school student told Government investigators that this had been one of her goals from the outset.
*

*

*

It may never be possible, perhaps not even for Anthony, to fully understand what caused
him to transgress this final barrier, moving from exchanging what had been ruinous but perfectly
lawful sexually explicit messages with women over the internet to engaging in the criminal
communications in this offense. But there are several aspects of Anthony’s conduct that are
foundational to the imposition of a sentence that fits the unique circumstances of the crime here:
First, this crime is a product of a sickness. One can debate labels, quibble over particulars,
but no one can dispute that Anthony’s operatic self-destruction, of which the instant case has been

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but the final act, was born of deep sickness. Before encountering the high school student here,
Anthony had already repeatedly been mined by scandals in which his “confidential” adult
counterparts reported their explicit encounters to the tabloids. And yet he compulsively responded
to this teenage stranger too, under his own name as always, with his self-destructive behavior this
time compounded by criminal exchanges for which he would almost certainly be caught. One
does not have to be a psychologist to know that these are not the actions of someone well, and
every mental health professional who has examined Anthony in the wake of this scandal has come
to the same conclusion.
Second, Anthony is no predator.

The result of the Court’s independent psychosexual

evaluation, like every other, has been clear: Anthony has no abnormal sexual interest in teenagers.
His (numerous) other fantasy sexting’ partners were adults. He never sought out teenagers on the
internet, and didn’t seek out the victim either. He never sought physical contact with the victim,
a common feature in cases of this sort. And he didn’t engage in the other predatory behaviors that
are typically present in cases of this kind, such as misrepresenting himself to gain access to the
victim or threatening to expose the victim if she stopped engaging in explicit conduct. Anthony’s
case is worlds apart from other criminal sexting offenses. He responded to the victim’s request
for sexually explicit messages not because she was a teenager, but in spite of it. He responded as
a weak man, at the bottom of a self-destructive spiral, and with an addict’s self-serving delusion
that the communications were all just internet fantasy

—

willfully ignoring that there was a young

person at the other end of the connection, hundreds of miles away, who could be damaged by these
exchanges through the ether.

We use the term “sexting” to refer to online communications between two people in which
explicit texts or images are shared through the exchanges.

2

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Third, Anthony is finally getting better. Even after his Congressional career collapsed, his
Mayoral hopes had been dashed, and his relationships with family and friends disintegrated,
Anthony remained in deep denial of the problem the rest of the world knew he had. Ironically, his
“treatment” after the 2011 scandal that led to his resignation from Congress involved an emphasis
to Anthony that he was in control of his behaviors and could stop them if he wanted to, perhaps
the worst thing one can tell an addict. Nearly one year ago, when his sexting exchanges with the
teenager here were splashed across the headlines, Anthony finally got the help he had for so long
denied he needed.

The stunning progress he has made is indisputable, testified to by the

professionals who have treated him, the Court-appointed psychologist who has examined him,
fellow addicts in recovery, and by friends and family who have seen

—

finally

—

an introspective

Anthony, highly attuned to his personal flaws and deeply committed to becoming a better person.
But even more than these observations, it is Anthony’s own deeply personal meditation to the
Court on sickness and recovery (Exhibit 1 to this submission) that speaks most powerfifily to his
progress.
*

*

*

We respectfully submit this memorandum on behalf Anthony Weiner to provide the Court
with a fuller account

—

beyond the tabloid headlines

—

both of Anthony’s crime and the broader

context of a remarkable life that has resulted in much good. Punishment must, of course, be
imposed, but the sentence here should reflect the truly unique circumstances of this offense, one
far less egregious than any sexting case that has been prosecuted in this district. The sentence
should also reflect the specifics of Anthony’s sickness, which Anthony has made enormous
progress in addressing and which requires continuing treatment that is simply not available in
federal prison. Finally, the sentence must provide the Court with tools

-3

—

and Anthony with

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incentives

—

to continue on his path toward wellness. The Court’s ability to sentence Anthony to

probation, and to incarcerate him for years should he violate the terms of his release, provides this
in abundance.
We therefore respectfully submit, based on the unique circumstances of Anthony’s case
and his extraordinary rehabilitation, as well as the other reasons herein, that a sentence of probation
that mandates continued treatment and community service would be sufficient, but not greater than
necessary, to accomplish the goals of sentencing.
RELEVANT FACTS
I.

Anthony’s Personal Background

As Judge Jed Rakoff has observed, “if ever a man is to receive credit for the good he has
done, and his immediate misconduct assessed in the context of his overall life hitherto, it should
be in the moment of his sentencing, when his very future hangs in the balance.” United States v.
Adelson, 441 F. Supp. 2d 506, 5 13—14 (S.D.N.Y. 2006). It is therefore important to begin with
what has often been lost in the caricatures of Anthony Weiner in the popular media: Anthony is a
person of humble beginnings, who transcended a difficult childhood to build a remarkable career
in public service, and who

—

after his compulsive sexting destroyed his political career

—

devoted

himself to raising his son from his son’s earliest days, enabling his wife to serve in a demanding
role for Secretary Hillary Clinton.
A.

Anthony’s Troubled Childhood

Anthony was born on September 4, 1964 in Brooklyn to Mort, a neighborhood lawyer, and
Fran, a public school teacher. (PSR ¶ 46.) Anthony had, in many respects, a secure, middle class
upbringing. But there was turmoil beneath the placid surface: Anthony’s developmental years
were marred by emotional dysfunction caused by the troubled behavior of his elder brother, Seth

4

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As Anthony’s mother, Fran, writes of the Weiners’

(F. Weiner Letter, Ex. 3) And as Jason writes of his reLationship with Anthony:
As kids, Anthony had an outsized role in my life
full time and dealing
so it was left to Anthony to look after me.

.

.

.

My parents were working
.

Anthony was put in a position of needing to be the perfect kid that wasn’t a
problem for anyone. It seems that Anthony was largely left to fend for himself.
There seemed to be implicit message coming from my parents to Anthony: “We’re
busy with Seth. Do well in school. Never get in trouble. Overachieve. Take on
an auxiliary parent role with Jason. Grow up fast.” And he did.
(J. Weiner Letter, Ex. 4.)

The emotional detachment Anthony learned from these fonuative experiences followed
him into adolescence and adulthood, where he struggled to make meaningful attachments with
both friends and significant others. While Anthony entered into a series of relationships in college

5

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and as an adult, he was unable to make meaningful emotional connections to these women,
(See Must Report at 16—18.)

Things got worse after Anthony’s brother Seth died.

As Jason writes of this period:
[unto his adult life, on the surface [Anthony] seemed to relish this role as the
problem solver and caretaker and wear it well.
But all the while, there seemed
to be something missing emotionally.
He was busy fixing everyone else’s
problems but neither he nor anyone else was addressing his issues.
.

.

.

.

.

.

(J. Weiner Letter, Ex. 4.)
Instead of confronting the negative behaviors he had learned at home and building or
repairing his relationships with those close to him, Anthony sought adulation from strangers, which
he received in spades as an elected official, fueling his frenetic work on his constituents’ behalf.
It was this adulation from strangers, amplified by his increasing career successes, that allowed
Anthony to avoid grappling with his emotional deficits

—

at least until his career and personal life

crashed down spectacularly.
B.

Anthony’s Remarkable Career in Public Service

Anthony’s first foray into public service began in college, where, as a political science
major and member of student government, he found his calling debating campus policy. Feeling
he had finally identified something he was good at, Anthony began working for then-U.S.
Congressman Charles Schumer in 1985. In 1991, Anthony launched his own long-shot bid for a
seat on the New York City Council representing the 48th District in central Brooklyn. During the
election, Anthony “earned his reputation as a dogged campaigner, knocking on seemingly every

6

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door” and “relentlessly shaking hands at subway stops.”2 Astoundingly, Anthony won. At the
time, he was the youngest person ever elected to the job.
While on the Council, Anthony tenaciously served his constituents and New Yorkers at
large, developing a graffiti clean-up program for at-risk youth; fighting for stricter fire safety
standards in public housing after dozens of fires erupted in buildings across the city; working to
increase the number of police officers and improve access to fresh food in his district; protecting
senior citizens from discriminatory insurance premiums and rent hikes; and pushing for an increase
in federal funding for public housing. (See

Letter, Ex. 11.) Indeed, nearly six years

into his tenure, the New York Times noted that Anthony was “considered [to be] one of the
Council’s brightest members and a gifted speaker who [was] particularly knowledgeable on public
safety issues.”3
3ut Anthony’s efforts were mostly of the sort that would never be reported in the press.
Those who knew Anthony during his time on the City Council recall his firm commitment to
helping everyday New Yorkers get what they needed from City government.
a former City Council staffer of Anthony’s, recalls “the hundreds and thousands of his constituents
(and even non-constituents)” that Anthony helped:
Anthony did not ask if you were a voter, a contributor, a Democrat or Republican.
If you lived or worked in the district or simply contacted his office for help,
Anthony would do his best for you. He knew that if someone contacted him it was
because they were desperate, had reached an impasse with a governmental agency,
and thought only Anthony could help. Anthony’s office number was the de facto
311 before there was 3 11.
2

See Randal C. Archibold & Ian Urbina, A Scrappy congressman, Readyfor His Next Risk, NEW
YoRK TIMEs (Aug. 30, 2005), available at http://www.nytimes.com/20O5/08/30/nyregion/metro
campaigns/a-scrappy-congressman-ready-for-his-next-risk.html.
See Jonathan P. Hicks, Congress a Backdrop to Council Race, NEW YORK TIMES (July 14, 1997),
available at http://www.nytimes.com/ 1997/07/1 4/nyregion/congress-a-backdrop-to-council-race.
html.

7

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Letter, Ex. 11.) Judith Baron, a fellow public servant, remembers the “approachable”
and “caring” Councilmember who “really wanted to know how he could help”

—

both in his

district and out. (J. Baron Letter, Ex. 8.) former State Senator Tom Duane, a former colleague of
Anthony’s on the City Council, also recalls Councilmember Weiner as “dedicated to helping
people who lived and worked in his district as well as throughout New York City.” (T. Duane
Letter, Ex. 13.) And

,

a former staff member of Anthony’s when he was on the City

Council and in Congress, writes of Anthony’s desire to help others, including mentoring his staff:
On most nights, [as a City Council member,] Anthony would drive around his
district, visiting various community meetings. Knowing by then that I was
interested in a political career, Anthony invited me to tag along, so I could learn
what the job of a councilman entailed....
Over those early years, Anthony served as an impromptu instructor, providing me
with an invaluable education on public service. There was no incentive for him to
do so
he was not getting paid; there was no media attention to be gained. My
parents were not big donors.
—

He did it because he genuinely wanted to help.
Letter, Ex. 15.)
In 1998, after seven years on the City Council, Anthony announced his candidacy to
succeed Congressman Schumer, who had declared his own bid for the U.S. Senate. After another
“energetic scramble throughout the district,” Anthony prevailed in a close race, becoming the U.S.
Representative for New York’s 9th Congressional District, covering parts of Brooklyn and
Queens.4 In keeping with his record on the City Council, Anthony continued to serve as a fierce
advocate for New Yorkers: Anthony was an early champion of single-payer health care, before

4See, Jonathan P. Hicks, THE 1998 CAMPAIGN: CONGRESS; Weiner Is Victor Over Katz In Bid
to Replace Schurner, NEW YORK TIMES (Sept. 16, 1998), available at http://www.nytirnes.com/
1998/09/1 6/nyregion/the- 1 998-campaign-congress-weiner-is-victor-over-katz-in-bid-to-replaceschumer.htm 1.

$

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the idea took root with many Americans. He pushed to expand the Community Oriented Policing
Services (“C.O.P.S.”) grant program for local police departments, when departments were
struggling to hire officers in the wake of the 2008 financial crisis. Anthony also fought all forms
of discrimination: He championed same-sex marriage, from a relatively conservative
Congressional district, long before it was common to do so, prompting former Congressional intern
and campaign staffer, F lavio Alves, to write of the credit he gives Anthony for his early role in the
expansion of LGBTQ rights. (F. Alves Letter, Ex. 6.) Anthony also cosponsored bills that
guaranteed equal benefits to the domestic partners of federal employees, required employers to
accommodate employees’ faiths, and increased resources to combat hate crimes and racial
profiling.
And Anthony was an advocate for issues of particular concern to New Yorkers: foremost
among them was Anthony’s vocal support for funding health care for September 11th first
responders and others impacted by the toxic conditions at Ground Zero. As John Feal, a September
11th first responder and advocate recalls of Anthony’s service:
Anthony fought for us publicly, never backing down, and making sure we were not
forgotten. But there is so much more he did behind the scenes to make sure that
the 9/11 Heroes got the medical care they needed. But more importantly your
Honor, Anthony showed so much kindness and care to me and others in the
community as we struggled with sickness and personal challenges. He cared about
helping us so deeply. You can’t fake that.
(I. Feal Letter, Ex. 14.)

Anthony also achieved a “significant victory” when the Interior

Department announced that it would reopen the Statue of Liberty’s crown to visitors, eight years
afier it closed in the wake of September 1 1th

—

to Anthony, visiting the crown had always been

See Sewell Chan, Statue of Liberty’s Crown Will Reopen July 4, NEw YORK TIMEs (May 8,
2009), available at https ://cityroom.blogs.nytimes.com/2009/05/08/statue-of-libertys-crown-willreopen-j uly-4/.

9

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“an iconic New York kid experience.”6 Anthony also secured Superfund status for Newtown
Creek, ensuring that the industrial waterway separating Brooklyn and Queens would receive
federal remediation funds, and fought ceaselessly to provide New York City with much needed
federal funding for a range of projects. (See S. Klein Letter, Ex. 19.)
A common theme of Anthony’s service in Congress, as it was during his time on the City
Council, was that many of the moments that truly revealed the content of his character were not
the well-publicized legislative accomplishments, but his quieter efforts, behind the scenes, to help
constituents. for example, former constituent Alex Singer writes that, when he could not reach
his son in London after the 2005 bombings there, Anthony promptly worked with the U.S.
Embassy in London to connect Mr. Singer with his daughter-in-law, who reported that she and her
husband were safe. (A. Singer Letter, Ex. 25.) Similar examples abound. Anthony pushed for
mandatory in vitro fertilization coverage after talking with a fellow New Yorker about her
struggles.

Letter, Ex. 23.) He helped his constituents in Belle Harbor grieve and

recover from two disasters
months later

—

—

September 11th and the crash of American Airlines F light 587 a few

that impacted the community “tremendously.” (B. Larkin Letter, Ex. 20.) And

community leader Pesach Lerner writes, “what made Anthony special was the care and concern
he showed to the individual.

He felt their pain and their needs became his; and, he acted

accordingly.” (P. Lerner Letter, Ex. 21.)
Anthony’s staff also remember fondly the work he did on behalf of constituents, in and out
of the limelight. As former staffer, Christina Tsatsakos, writes:
Anthony worked harder for the “little guy” than anyone I had ever met.
There
were people who got Social Security benefits being withheld to them because of
Anthony’s help. There are immigrants to this country that were able to stay, or
.

6

.

See Mark Jacobson, Antlioin’ and the Giw?t, NEW YoRK MAGAZINE (May 3, 2009), available at
http://nymag.com/nymag/features/56440/.

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bring their families because of Anthony’s intervention.... Anthony made sure that
we always helped.
(C. Tsatsakos Letter, Ex. 26.) And Lawrence, another former staff member, similarly recalls being
able to “witness firsthand the compassion Anthony had for members of his district,” noting that
“[w]hile many other elected officials would turn people away, Anthony would help anyone with a
City, State or Federal problem.” (Lawrence Letter, Ex. 18.)
Anthony’s work also revealed a deeply empathetic side of his personality. Lawrence
recalls that when “constituents were upset that a home for developmentally delayed adults would
be opening in the neighborhood,” Anthony stood his ground, proclaiming that “perhaps our
children would benefit from knowing there are others in the world who are not as well off as we
are.” (Lawrence Letter, Ex. 1$). And former staffer

writes of telling moments that

few were “privy to” from Anthony’s days in Congress:
Many people think of Anthony as a fighter
one who loves debate and thrives on
standing up for what he believes. And that perception is not without merit. But
there is a kindness that most people are not aware of
—

In the early 2000s, when Anthony’s congressional office was based in Sheepshead
Bay, a homeless man began hanging around the street outside our office. The optics
were not great. A few staff members suggested calling the local police precinct and
asking that he be moved. Anthony caught wind of the plot and quickly quashed it.
His life is already difficult, he said. Let’s not make it any harder.
Around the same time, we had an office caseworker in her SOs named
was good at her job but had fallen ill, and had not been to work for weeks.
We needed her salary to pay for a new staff member, but Anthony refused to let her
go. He was worried about complicating her condition. He would regularly call
to check in on her, on his rides back from Washington.
Letter, Ex. 15.)
In short, while Anthony may now be best known for suggestive photographs splashed
across the covers of tabloids, his committed public works over the past thirty years have improved
the lives of thousands of New Yorkers. Tragically, and as discussed below, some of the qualities

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that helped Anthony succeed in politics
fleeting, connections
IL

—

—

including his frenetic pace and taste for constant, if

helped bring about his downfall.

Anthony’s Sickness, Offense Conduct, and Recovery

Anthony’s hunger for the adulation of strangers, while masking emotional deficits with
roots in his childhood, also fueled his meteoric political rise.

By 2009, Anthony’s national

prominence had reached new heights, largely through his well-publicized efforts to obtain needed
health care for September 11th first responders.

At the same time, smartphones and the

proliferation of social media platforms had begun to transform users’ connectivity and frequency
of access to online communications. Anthony
constituents

—

—

who prided himself on being accessible to his

moved quickly to capitalize on these new technologies, developing a strong

presence on F acebook and Twitter, and responding to and engaging with members of the public
who reached out to him. At a speed like never before, Anthony was now able to tap directly into
the self-validating enthusiasm of unknown admirers, attention that also propelled his increasing
national celebrity. But it was, of course, this very intersection of technological innovation, fleeting
connection, and emotional needs rooted in a troubled childhood that had within it the seeds of
Anthony’s spectacular self-destruction.
A.

The Beginning of the Sexting Habit

It started innocently enough, as destructive habits ofien do. Anthony began to exchange
texts and other messages with constituents and admirers alike. Some of the admirers were female,
vaLidating him not just as a politician, but as a man. Some of the conversations became sexually

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explicit,7 affirming him still further. It seemed harmless to Anthony

—

it was fantasy, after all;

no one was cheating, and no one was getting hurt.
But people were getting hurt. Anthony’s wife discovered his secret, and he said he would
stop. He didn’t. Anthony was getting hurt too. What once had fueled him began to consume him,
and Anthony started spending hours at a time on his growing habit, sexting with more women, and
hiding his phone in shame. He was developing a parallel existence on the internet

—

one that

allowed him to avoid facing up to his inability to sustain emotional connection and intimacy in
real life,
He was also getting careless. On May 27, 2011, Anthony accidentally publicly posted a
suggestive photograph of himself in his underwear, leading to a multi-week tabloid frenzy, the
publication of numerous more “private” images Anthony had shared with online admirers, and
eventually, Anthony’s resignation from Congress on June 16, 2011.8 The rapid implosion of his
Congressional career did not end his conduct, however, and Anthony
condemnation, not adoration

—

—

now facing public

took solace from those strangers who continued to reach out to

him on social media. Of course, after his scandal, an increasing number of those who reached out
to Anthony did so with curiosity as to whether they too could sext with him. They could. And,
while Anthony endeavored to rebuild his public life, he continued to engage in explicit conduct

While the scale of Anthony’s behavior may be unique, the fact that he sexted
i.e., engaged in
sexually explicit chats and image sharing online
is not uncommon: a recent study by the Kinsey
Institute has found that fully 74% of Americans surveyed reported exchanging explicit electronic
messages with others. See MEDiuM, Technology and Modern Sexuality: Results from Clue and
Kinsey ‘s International Sex Survey (Aug. 9, 2017), available at https://medium.com/clued-inlsex
and-tech-survey-3 3d64ecc3eda.
—

—

8

See Raymond Hernandez, Weiner Resigns in Chaotic final Scene, NEW YORK TIMES (June 16,
2011), available at http://www.nytimes.com/20l 1/06/17/nyregionlanthony-d-weiner-teHsfriends-he-will-resien.html.

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online, eventually igniting a scandal in 2013 that ended his promising run for Mayor of New York
City, as another stranger, Sydney Leathers (who later provided the victim here with guidance on
selling her story) went public with their online exchanges, staked him out on election day, and
used the resulting publicity to catapult herself into the adult film industry.9 Anthony’s personal
and professional life was, once again, in shambles

—

more so than ever before.

Despite these devastating consequences, Anthony continued to communicate with scores
of strangers online. Perhaps with his personal relationships in crisis and the attention he could get
as a politician now irretrievably gone, sexting with strangers was the only means he had left of
obtaining the connection he craved. Sadly, the obvious mental health issues driving Anthony’s
online conduct went untreated. Anthony believed that the fantasies he shared with strangers whom
he would never meet were not harmful, somehow rationalizing away that these exchanges had
twice-destroyed his political career and grievously harmed his marriage. Like many an addict,
Anthony also believed that his conduct was under control
to

—

—

he could stop at any time if he decided

an impression unfortunately reinforced by therapy that ignored the compulsive nature of his

sickness.1° (See PSR ¶j 63—64; Must Report at 13; A. Weiner Letter, Ex. 1.) His brother Jason
recalls that, at the time, Anthony “wouldn’t entertain for a moment that perhaps he had an
addiction. He couldn’t stand the idea he wasn’t fully in control of his actions and decisions, even
as evidence to the contrary continued to mount.” (J. Weiner Letter, Ex. 4.)

See Mara Gay, Sydney Leathers, former sexting partner ofAnthon Weiner, attempts to crash his
election night party, NEW YORK DAILY NEWS (Sept. 11, 2013), available at
www.nydailynews.com/news/ electionlsydney-leathers-attempts-crash-anthony-weiner-election
party-article-I .1451641.
Indeed, the Court-appointed evaluator, Dr. Shoshanna Must, notes in her report that Anthony’s
original treatment was based on an evaluation “from professionals who do not appear to specialize
in sexual problems.” (Must Report at 13.)

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Thus, in the deepest throes of his addiction and in a period when he was engaged in sexually
explicit chats with dozens of adult women, Anthony made the fateful decision to respond to a
fifieenyear-old, referred to here as Jane Doe (“JD”), when she contacted him online, a decision
for which he has accepted responsibility and that he will always regret.
B.

Anthony’s Pattern of Sexting Online with Adults

From 2009 through September 2016, Anthony exchanged texts and other messages online
with hundreds of women whose ages spanned decades. (PSR

¶ 63; Must Report at 17—19.) It

almost always happened the same way: Anthony did not go online looking to find partners; they
came to him. To achieve this, Anthony made himself accessible on Twitter, F acebook, and other
social media platforms so that complete strangers could readily send him messages. Typically,
strangers would then contact Anthony, and he would, almost without fail, respond. (Must Report
at 17.) These thousands of conversations, on numerous social media platforms, were not all sexual,
and even those conversations that became sexual were ofien a mixture of the lascivious and the
This isn’t surprising: Anthony sought not just sexual fulfillment from these

banal.

communications, but also connections (or at least their facsimile) of the sort he struggled to create
in the real world. (Id.) This objective manifested itself in one of the more notable features of
Anthony’s online communications: despite repeatedly being publicly shamed by his private
sexting partners, Anthony did virtually nothing to conceal his identity when exchanging explicit
messages online

—

because, if Anthony did not appear as himself, the validation he sought would

be hollow. (Id. at 17—18.)
C.

Anthony’s Communications with the Teenager

By early 2016, Anthony had hit a low point

—

rock bottom was, of course, still to come.

The volume of messages he exchanged during this period is simpLy staggering. Over two months
in early 2016

—

at the time of the offense conduct
15

—

Anthony exchanged more than 1,500

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 19 of 71

messages with just one middle-aged woman.
indiscriminate.

His communications at this time were also

During the three-month period charged here, Anthony exchanged explicit

communications with at least nineteen adult women. And, his behavior was reckless and selfdestructive. Anthony was increasingly careless with whom he interacted, responding, for example,
to an adult Republican male posing as a female and looking for political fodder.11 This was the
Anthony Weiner that JD reached out to from hundreds of miles away, while Anthony was laid up
in his apartment by a record-setting blizzard in Manhattan.
JD first contacted Anthony on Twitter on the night of January 23rd (PSR ¶ 6), announcing
herself as a “huge fan.”12 In fact, and unbeknownst to Anthony, JD was looking for material for a
book

—

one she has now written and is shopping to publishers. (PSR ¶ 19.) As she later stated to

Government investigators, she also hoped somehow to influence the U.S. presidential election, in
addition to securing personal profit. (Id.) To encourage Anthony to play along, as she later
confessed to him, JD “pretended not to know EVERYTHING about” him because she “didn’t
want to appear suspicious.” (Id.) To generate material, JD needed Anthony to act out

—

behavior

she tried to elicit during their first exchange, suggesting to Anthony that “we should skype [a fonu
of video chat] sometime,” immediately after volunteering to “prove” that “I have a vagina.” The
next day, in a facebook conversation, JD told Anthony “I like older guys” but “its hard to get away
with these things,” suggesting that they move the conversation to the confidentiaL messaging
application “Kik” so he would not be “busted.” They began chatting on Kik after that, with JD
II

See Mara Slegler, Anthony Weiner caught in new fUrry online chat, NEW YORK POST (Aug. 13,
2016), available at http://nypost.com/20 16/08/1 3/anthony-weiner-caught-in-new-flirty-onlinechat!.
2

The citations to messages exchanged between Anthony and JD, to the extent not attributed to
particular paragraphs of the PSR, come from material that the Government allowed the defense to
review on Atigust 25, 2017 and certain disclosures in this same period following a Brady request.

16

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 20 of 71

selectively taking screenshots of her phone to document the exchanges before they disappeared.
(PSR ¶ 9.)13 On Kik, JD asked Anthony to send pictures of his erect penis (prompting Anthony to
stop responding) and asked him to Skype no less than eleven times before he did so more than
three weeks later, on February 17, 2017. (PSRJ 12.)
To be clear: that JD was trying to induce Anthony to behave badly so she could profit from
it does not excuse Anthony, who never should have responded. Nor does Anthony treat these
circumstances as a justification. In his letter to the Court, he apologizes directly to the “young
person who I dragged into my sordid mess,” proclaiming “I am profoundly sorry to her. I was
selfish. I have no excuse for what I did to her.” (A. Weiner Letter, Ex. 1.) Indeed, in terms of
Anthony’s sickness, and in terms of his own moral culpability, JD’s motives are immaterial.
Anthony had no business engaging in even initial, flirtatious banter with someone he understood
from the first conversation was in high school (PSR ¶ 6), even though he did not at that time know
her age.’4 And he committed a deep wrong by engaging several weeks later in the obscene
communications with JD to which he has pled guilty.
The PSR reflects that these obscene communications occurred on approximately four
occasions between February 1$, 2016 and March 10, 2016, a period of three weeks. (See PSR
13

The Government disclosed that, in addition to selectively documenting her online exchanges
with Anthony, JD also deleted certain material from her phone after learning that agents from the
Federal Bureau of Investigation (“FBI”) were en route to collect it, ostensibly to protect people
from getting in trouble.
‘

Although Anthony fully acknowledges the wrongfulness of his conduct, disclosures by the
Government raise questions about what exactly Anthony knew about JD’s age when. JD has told
the Government that she told Anthony she was fifteen in one of the three Skype sessions she had
with him, which occurred between February 17, 2016 and February 23, 2016. (PSR ¶ 12.) And a
Kik message does reflect JD telling Anthony she was getting her learner’s permit. Yet in thefinat
sexually explicit communication between JD and Anthony, on March 10, 2016, JD asked if
Anthony would have sex with her “if’ she was 15 (to which he said no) and then whether he would
have sex “if’ she was 18, to which he responded with a graphic comment (“I would bust that tight
pussy so hard. .“). (PSR ¶ 10.)
.

.

17

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 21 of 71

¶J 10—14.) The Government’s evidence is that there were two sexually explicit Skype video chats,
one on February 18, 2016 and one on February 23, 2016, an explicit exchange on $napchat on
March 9, 2016, and a final explicit text exchange on March 10, 2016. (See id.; supra note 14.)
Anthony largely cut off communications with JD after that, and ignored her requests to reinitiate.
(PSR ¶ 14.) At no time did Anthony seek to meet JD for a physical encounter. (PSR ¶ 17.)
In May 2016, JD took the first step toward monetizing the story of her interactions with
Anthony. As described in a New Yorker article covering the investigation, JD sought assistance
from Sydney Leathers, whose disclosures effectively ended Anthony’s 2013 mayoral campaign.
JD asked Ms. Leathers for help in publicizing her exchanges with Anthony and “talk[ed] about
potentially messing with Hillary’s campaign.b Ms. Leathers then connected JD with the Daily
Mail, which paid a “sizeable fee” to both Ms. Leathers and JD for the story
receiving $30,000, according to the Government. (See id.; PSR

—

with JD alone

¶ 19.) On September 21, 2016,

the Daily Malt published its extensive story about Anthony’s exchanges with JD, featuring a
lengthy print interview with JD, a video interview, and the photographs of her phone screen that
JD had taken to document her encounters with Anthony. (See PSR

¶

5.) More recently, as JD

shops the book about Anthony that motivated her encounters with him, she appeared on Inside
Edition on September 11, 2017, for what the Government disclosed was a $10,000 fee and an allexpenses-paid trip. (See PSR ¶ 19.)

15

See Peter Elkind, James Comey ‘s Conspicuous Independence, NEW YORKER (May 11, 2017),
available
at
http://www.newyorker.com/news/news-desklj ames-comeys-conspicuous
independence (hereinafter “NEw YORKER”).

18

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 22 of 71

D.

Anthony’s Diagnosis, Intensive Treatment, and Ongoing Recovery

The Daily Mail exposé of Anthony’s online communications with JD jolted Anthony in a
way other scandals had not, and led him for the first time to grapple with the depths of his sickness
and to find the strength to treat it. On the heels of the article, Anthony agreed, still betraying some
reluctance, to an evaluation by Dr. Barbara S. Levinson, a licensed therapist speciaLizing in
psychosexual disorders.16 (PSR J 66.) Anthony’s subsequent diagnosis and treatment have been
transformative. Anthony met with Dr. Levinson for thirteen hours over the course of two days in
September 2016. During these sessions, Dr. Levinson conducted a battery of tests, on the basis of
which she diagnosed Anthony with “mixed personality disorder, likely stemming from childhood
emotional trauma,” which manifested itself “in addictive behavior, such as sex addiction.” (Id.)

Dr. Levinson also ruled out any abnormal sexual interest in minors as a contributing factor to the
offense, and found Anthony to be at a low risk for reoffending. (PSR

¶J 66—67; Must Report at

14.)
Based on these results, Dr. Levinson prescribed that Anthony seek treatment at
an in-patient sex addiction treatment facility

,

which offered an intensive treatment

program based on other successful twelve-step programs. (PSR ¶ 67; Must Report at 14.) At
Anthony participated in a near-constant program of therapy sessions, all without access to
electronic devices and with only the most limited communications with the outside world. While
at first resistant, Anthony became a devoted patient, contributing to group sessions, and

6

Dr. Levinson, who has a Ph.D. in psychiatric nursing, has over the course of her over fifty-year
career, studied, taught, and practiced in areas concerning psychiatric issues underlying sexual
dysfunction. She is also a licensed treatment provider for sex offenders and, like the Court
appointed evaluator here, frequently works with probationers and other referrals from courts for
comprehensive assessments and evaluations regarding such matters. Her curriculum vitae is
attached as Exhibit 45.

19

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 23 of 71

demonstrating reflective self-awareness in individual sessions with his therapist. By the end of his
six-week stay, which he had voluntarily extended by one week, Anthony had fuily accepted
responsibility for his destructive conduct and developed insights into the triggers for his behavior.
(See Must Report at 14.) Indeed, based on her assessment of Anthony after his stay at

Dr. Levinson concluded that Anthony was “thoroughly motivated to change.” (PSR ¶ 66—67.)
Anthony has been vigilant in continuing his therapy since returning to New York in
November 2016. He has participated in regular therapy sessions, “dutiful[ly]” attending both
individual and group therapy sessions once per week. (PSR ¶ 68; Must Report at II.) Paul Kelly,
a licensed psychotherapist with over twenty-five years’ experience treating sexual disorders, and
Anthony’s therapist since January 2017, writes that, “Anthony has shown steady and consistent
progress in

.

.

.

even in the most trying of circumstances,” observing that “he shows significant

fortitude and persistence, and is fully engaged in therapy.” (P. Kelly Letter, Ex. 43 at 2—3.)
Anthony also participates “near-daily” in

recovery meetings

that are modelled on Alcoholics Anonymous, a proven treatment program for addressing mental
disorders manifesting themselves in sexual misconduct. (Must Report at 7, 11—12, 25.) These
meetings provide structure to Anthony’s day, which he also populates with “healthy” activities,
such as meditation, while consciously avoiding triggers, like social media use, that would endanger
his recovery.
In addition to this treatment program and at the request of the Probation Department,
Anthony voluntarily submitted to an evaluation by Dr. Shoshanna Must, a clinical psychologist
specializing in the evaluation and treatment of individuals with sexual behavioral problems. (PSR

¶ 69; see Must Report.) Dr. Must’s evaluation was based on six-hours of meetings across two days
with Anthony; Anthony’s responses to a battery of tests; Dr. Must’s review of information

20

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 24 of 71

provided to her by the Government’7 and records of Anthony’s prior treatment; and Dr. Must’s
conversations with Mr. Kelly and Anthony’s sponsor in recovery, among other sources. (Must
Report at 2—3.) Dr. Must’s report unsurprisingly captures Anthony at a state of high emotion:

However, Dr. Must’s report also captures a man ready and
willing to change: As Dr. Must notes, Anthony’s responses appeared “honest[],” “thoughtful and
insightful,” with Anthony taking “full responsibility” for his communications with JD. (Id. at 5—
6.) And, to Dr. Must, Anthony “appears to be taking his treatment very seriously.” (Id. at 22.) In
sum, Dr. Must reached conclusions similar to Dr. Levinson’s and Mr. Kelly’s:

Mr. Weiner does not have the antisocial correlates that can often drive risk to
reoffend against minors and is considered one of the most robust risk factors when
considering re-offense concern. He takes responsibility for his behavior, in sum
and part, does not have a criminal history or lifestyle instability, and while
emotionally hindered in his natural ability to relate to others, seems to care deeply
for some family members while wanting to strengthen connections presently with
new sexually sober friends. He appears to take an honest inventory of his
personality flaws, and is motivated to correct them...
While he clearly has severe and pronounced problems with sexual self-regulation,
he has made significant strides in accepting responsibility for his behavior and
working on self-improvement and sexual health. His current treatment regimen is
‘

As noted in the PSR and Dr. Must’s report, the Government initially declined to make the
communications in this case available to Dr. Must on the grounds that they had not been provided
to defense counsel. (PSR ¶ 64.)
The Government instead provided summaries of these
conversations to Dr. Must, via the Probation Department. Unfortunately, Dr. Must had an
incomplete and inaccurate understanding of the offense conduct in her initial evaluation, because
she had not evaluated the actual communications and apparently misinterpreted portions of the
summaries, resulting in several unfair findings to Anthony’s detriment. To its credit, the
Government agreed to provide a revised summary of the offense conduct to the Probation
Department and Dr. Must, and to allow Dr. Must to review the actual communications she had
requested at the outset. That has resulted in a more accurate evaluation
one that shows the risk
of recidivism to be 30% lower on a key measure, among other revisions. Unfortunately, Dr. Must
observes that her final evaluation was still “limited” by the fact that this material was provided
only after she had interviewed Anthony. (Must Report at 4.)
—

21

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 25 of 71

one he trusts, and he benefits from checking his thinking and decision-making with
his supports, which undoubtedly modulates and mitigates the behavior. If Mr.
Werner ‘s motivation and dedication to his own progress continues at this pace, he
is genuine andforthcoming in discussing his behaviors, and he continues to use the
support and help offered to him, he has the strong potential of living a flfe that is
sexually healthy, offense-free and valztefiiUItled.
(Id. at 27—28 (emphasis added).)
Mental health professionals are not the only ones to have recognized Anthony’s striking
commitment to getting better. F ifleen participants in treatment programs with Anthony (including
those in group therapy sessions with Mr. Kelly, as well as those who know Anthony from
meetings or

) have written letters testifying to Anthony’s involvement in these

programs, with many noting his deep commitment to full participation, both for his own success
in recovery and for others participating in the programs. For example,
at

,

who met Anthony

writes:

I have seen, firsthand, Anthony’s dogged and tireless work ethic for self
improvement and rehabilitation. I have witnessed him, after a serious leg injury,
hobble from addiction meeting to addiction meeting, to therapy and rehab, both
mental and physical. He did this each and every day. He was an inspiration to the
many of us in the rooms who desired this level of commitment.
( Letter, Ex. 30.)

who also met Anthony at

writes of Anthony’s commitment

,

both to his own recovery and to assisting in the recovery of others:
I have seen him embrace his recovery, grow spiritually and take responsibility for
his past. Acceptance and humility are two character traits I have seen develop most
in Anthony over the past 10 months and I am proud of him for the work he continues
to do to become a better person, father and husband.
I know that my program
is stronger because of him.
.

IS

.

.

Anthony’s fellow recoverees are referred to by their first names in this submission in light of
the extraordinary privacy concerns at issue, but (with one exception involving a letter writer who
counsel has spoken to but who insisted on full anonymity) their full names are available to the
Court in the unredacted version of their letters.

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 26 of 71

Letter, Ex. 41.) And, another contemporary of Anthony’s from

,

also writes

that Anthony was deeply dedicated to his recovery there, and served as “a tremendous asset to all
of us who have encountered him within the recovery community.” (

Letter, Ex. 27.)

Anthony’s friends and support network from recovery meetings in New York have
similarly come to admire Anthony’s progress and to rely on him in their own recoveries.
writes: “I’ve seen real change in people who commit to making recovery their number one priority,
and in those who do the work. Anthony is one of those people.
changes in him.” (

Letter, Ex. 39.)

.

.

.

I’ve already seen incredible

, who also met Anthony in recovery meetings, echoes

these sentiments, writing both that Anthony’s “commitment to his own recovery is apparent” and
explaining how Anthony’s “presence and commitment to the program helps others.” ( Letter,
Ex. 38.)

writes that “it is clear to me that [Anthony] is focused on helping others,”

observing he is “generous and kind” with fellow participants. (

Letter, Ex. 37.)

who participates in group therapy sessions with Anthony under their therapist Mr. Kelly, writes
that, in Anthony, he has “seen an increasingly evolving person with a tremendous amount of
contrition [and] integrity.” (

Letter, Ex. 35.) And

, now a close friend of Anthony’s,

stated to Dr. Must that he has been “impressed with [Anthony’s] dramatic turn around,” and spoke
of Anthony’s “consistency in attending meetings and the energy and time which he commits to his
recovery.” (Must Report at 13; see

Letter, Ex. 32.)

also recalled “how Mr. Weiner

is caring about him and will make sure that he checks in with him and his life, despite the stress
he is enduring in his.” (Must Report at 13; see

Letter, Ex. 33 (same).) Indeed,

Letter, Ex. 29 (echoing similar sentiments);

, another friend from the recovery meetings, writes

that Anthony was there for him at a low point in August when he was contemplating suicide, and
credits Anthony with saving his life.

Letter, Ex. 33.)

23

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 27 of 71

Anthony’s transfonriation has likewise been apparent to his long-time friends and family,
who have been stunned by his progress over the past year.

(PSR ¶ 50.) Anthony’s brother, Jason, also writes poignantly of Anthony’s recovery:
[B]y the time he came home in November, the way he spoke about his affliction
was frank honest and painful. Gone was the window dressing and excuses
The language and deeds of recovery are now central to him. He is taking genuine
ownership of the harm he has caused to himself and the people around him. While
it was a hell of a way to get to where he is now, I’m glad he got here.
.

(J. Weiner Letter, Ex. 4; see PSR ¶ 60.) Long-time friend, Lisa, also writes the Court that she has
“known Anthony for over a decade.

..

in good times and in bad” and that she can now see “his

absolute commitment to getting healthy.”

(Lisa Letter, Lx. 16.)

Similarly,

Anthony’s long-time staffer, writes:
I can say with absolute certainty that he has changed significantly over the past 9
months. The Anthony I know today is a different person
one who accepts
responsibility and takes ownership for his choices, past and present.
—

.

He is more introspective and patient and self-aware than I ever thought he could
become. There is a sensitivity to the way his actions affect others that wasn’t there
before. He is more empathic than most people I know.
Letter, Lx. 15.)
finally, Anthony himself writes about his recovery to the Court in a letter that
demonstrates remarkable self-awareness and clarity:
I’m different now. My recovery isn’t over. I’m still gaining new insights, new
ideas, and I am blessed to have the guidance of Dr. Must, Paul Kelly and others in
this process. But I am getting better and the whole me is living an honest life. I’m
still there fc
IIK1t.]iI nt ever
But now I don’t fear that day that he
asks me about who [his] daddy was. I’ll tell him I was a troubled guy who did a lot
of amazing things for people I barely knew. I’ll him I was a guy [who] did a very

24

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 28 of 71

bad thing to a young person I never met. I’ll tell him I put his amazing mother
through years of trauma and broke her heart.
But your honor, with your grace, I hope I will be able to tell him some more. I hope
I will be there to show him with my actions that although I will carry the regret, I
will also be better. He will see a more serene father. One that speaks with wisdom
and openness about the challenge of facing mental illness. I hope I can show him
that service can come in many forms.
(A. Weiner Letter, Ex. I.) After more than a half-decade of self-imposed ruin, Anthony’s recovery
over the last year has been truly remarkable.
III.

The Improper Injection of the Investigation into the U.S. Presidential Election

While Anthony’s offense against JD was personal and apolitical, the Government’s
investigation was marred by improper law enforcement disclosures to the press, starting in the
investigation’s earliest days, which
of Secretary Clinton

—

—

given Anthony’s wife’s role with the presidential campaign

had grave political consequences.’9

On September 22, 2016, multiple outlets, citing “law enforcement sources,” reported that
Anthony was under federal investigation by the FBI and the U.S. Attorney’s Office for the
Southern District of New York, for the conduct described in the Daily Mail story from the prior
day, and that federal authorities had issued a subpoena for his celiphone records.2° This improper
disclosure caused an immediate and predictable political reaction, with a spokesperson for the
‘

It is important to note that we do not believe that any of this is attributable to the U.S. Attorney’s
Office for the Southern District of New York, or the Assistant United States Attorneys or FBI case
agents responsible for this matter, who have handled this case with the utmost professionalism and
who have afforded Anthony courtesy and respect at every stage.
20

See, e.g., Richard Esposito, Anthony Weiner Probed by Feds in New York for Alleged Sexts to
Teen, NBC NEWS (Sept. 22, 2016), available at http://www.nbcnews.com/news/us-news/weiner
probed-feds-new-york-n652921; Shimon Prokupecz, et al., US attorney investigating Weiner
sexting allegations, CNN (Sept. 22, 2016), http://www.cnn.com/20 16/09/22/politics/first-on-cnnus-attorney-investigating-weiner-sexting-allegations/; ABC NEws, Federal investigators issue
sitbpoena for A nthonv Weiner s celtphone, (Sept. 22, 2016), http://abc7ny.com/news/feds- issue
subpoena-for-anthony-weiners-cellphone/ 1522677/.

25

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 29 of 71

campaign of then-candidate Donald Trump calling the announcement of an investigation of “close
Clinton ally Anthony Weiner.

.

.

extremely disturbing,” and adding that “America has had enough

of the sleaze that is Clinton, Inc.”21 And, On October 18, 2016, a “law-enforcement source” told
the New York Post that a grand jury would soon hear evidence against Anthony. 22
These early statements from law enforcement to the media paled, of course, in light of what
came next. On October 28, 2016

—

ten days before the presidential election

—

then—FBI Director

James Comey announced that, in the course of an “unrelated case,” the FBI had discovered emails
relevant to its investigation into Secretary Clinton’s private server.23 Within moments, “law
enforcement sources” alerted the media that the “unrelated case” was the investigation into
Anthony, adding that the emails in question had been found on a laptop seized in this case.24
Predictably, the Trump campaign seized on this news, mockingly “thanking” Anthony and his wife
for their help.25 Mr. Comey’s disclosure, which came over the objection of the Attorney General,

21

See, e.g., Sean Sullivan, Trump campaign calls on Clinton to return donations from Anthony
Weiner, WASHINGTON POST (Sept. 22, 2016), available at https://www.washingtonpost.com/news/
post-politics/wp/20 I 6/09/22/tnimp-campaign-calls-on-clinton-to-return-donations-from-anthonyweiner/?utmterm=.d59d863 I 8db5.
22

See, e.g., Jamie Schram & Bruce Golding, Anthony Weiner could soon be indicted in sexting
scandal, NEw YORK POST (Oct. 18, 2016), available at http://nypost.com/2016/10/18/anthonyweiner-could-soon-be-indicted-in-sexting-scandal/.
23

See Letter from James Comey, Director, federal Bureau of Investigations, to Congress (Oct.
28, 2016), available at https://www.nytimes.com/interactive/20 16/1 0/28/us/politics/fbiletter.html?r=0.

24

See, e.g., NEw YORKER, supra note 15; Adam Goldman & Alan Rappeport, Emails in Anthony
Weiner Inquiry Jolt Hillary Clinton’s Campaign, NEW YORK TIMES, at Al (Oct. 29, 2016),
available at https ://www.nytimes.com/20 16/1 0/29/us/politics/thi-hillary-clinton-email.htrnl?
mcubz=0.
25

See Jeremy Diamond, Donald Trump: Thank you, Huma. Good job, Huma’, CNN (Nov. 3,
2016),
http://www.cnn.com/20 16/10/31 /politics/donald-trump-huma-abedin-hillary-clinton
emails/index.html.

26

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 30 of 71

was unquestionably improper, as the Department of Justice itself found in a May 9, 2017 memo
issued by Deputy Attorney General Rod J. Rosenstein.26
The rest is history. Following Secretary Clinton’s loss on November 8, 2017, some election
analysts concluded that Mr. Comey’s letter cost Secretary Clinton the election,27 and pundits were
quick to shift blame from the FBI Director’s improper disclosure to Anthony28
wife29

—

—

as well as his

causing immense pain to their family. Compounding this damage, when Director Comey

was called to Congress to face criticism for his pre-election disclosures, he justified his actions in
part by claiming that the evidence seized in the instant case showed that Anthony’s wife had
“forwarded hundreds and thousands of emails, some of which contain classified information” to
Anthony.3° This was wildly wrong

—

Ms. Abedin had forwarded only a “small number” of emails

to Anthony, only two of which contained information that was later deemed classified, and all of
which had been previously seen by the FBI.3’ While the FBI quietly corrected this testimony days

26

See THE HILL, FULL LETTER: Trump fires FBI Director C’omey over Clinton emaits (May 9,
2017),
hup ://thehill.com/blogs/pundits-blog/the-administrationl3 32630-full-letter-deputyattorney-general-recommends-trump.
27

See, e.g., NEW YORKER, stipra note 15 (“Many analysts concluded that Comey’s actions tilted
the Presidency to Trump.”).
28

See, e.g., Z. Byron Wolf, Hitlary Clinton blames James Comey for her loss, Why not blame
Anthony Weiner, CNN (May 19, 2017), http://www.cnn.com/2017/05/1 9/politics/anthony-weinerj ames-comey-donald-trump-hillary-clinton/index.html; Carl M. Cannon, How Donald Trump
Won, REALCLEARP0LITIcs (Nov. 10, 2016), https://www.realclearpolitics.com/articles/20 16/11 /
10/how_donald_trump_won_I 32321 .html.
29

See, e.g., FOxNEWs, Clinton advisers point fingers at Huma Abedin, inner circle for loss (Dec.
19, 2016), http www
.com/politics/20 16/12/1 9/clinton-advisers-point-fingers-at-humaabedin-inner-circle-for-loss.html.

30

See, e.g., Peter Elkind, James Comey ‘s Testimony on Huma Abedin Forwarding Emaits Was
Inaccurate, PROPUB LICA (May 8, 2017), hftps ://www.propublica.org/article/comeys-testimony
on-huma-abedin-forwarding-emails-was-inaccurate.
31

See, e.g., id.

27

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 31 of 71

later,32 the damage had already been done, prompting calls to investigate Anthony and his wife
that continue to this day.33
The great irony, of course, is that JD told the Government that one of her goals in capturing
Anthony’s bad behavior had been to influence the outcome of the presidential election. (PSR

¶ 19.) The Daily Mail article alone was not enough to do that. But the immediate, improper
disclosure that Anthony was under federal investigation and the subseqtient improper injection of
this case into the presidential election may well have helped JD realize that apparent ambition.
IV.

The Plea Agreement and Guilty Plea

On May 19, 2017, Anthony waived indictment and pled guilty to a one-count information
charging a violation of 18 U.S.C.

§ 1470, which prohibits “knowingly transfer{ing] obscene matter

to another individual who has not attained the age of 16 years, knowing that such other individual
has not attained the age of 16 years, or attempt[ing] to do so.” (PSR

¶J

2—3.) This statute

—

virtually never charged in this district, except as an addition to more serious child pornography
charges

—

represents the least severe disposition available for an individual who has exchanged

sexually explicit messages with a teenager, short of declination.
The agreement to which Anthony entered his plea of guilty (the “Plea Agreement,” Ex. 42)
further reveals the Government’s view that the conduct here is far less severe than what is
ordinarily charged in more serious obscenity and child pornography cases. The Government took
the extraordinary step of stipulating in the Plea Agreement itselfthat, based on the manner in which

32

See, e.g., Mark Moore, Huma won ‘t be chargedfor Hillaiy ‘s emaits on Anthony Weiner ‘s laptop,
available at http://nypost.com/2017/05/03/huma-wont-becharged-for-hillarys-emails-on-anthony-weiners-laptop/; CoNGREssMAN STEVE KING, Press
Release: King Calls For Wider Investigations of Obama, Clinton, Coiney, Soros, Lynch, Abedin,
and Weiner Scandals (Jul. 27, 2017), https://steveking.house.gov/media-center/press
NEW YoRK POST (May 3, 2017),

releases/king-calls-for-wider-investigations-of-obama-clinton-comey-soros-lynch.

28

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 32 of 71

the Sentencing Guidelines are calculated (as addressed below) and the “specific circumstances of
the offense conduct in this case,” a below-Guideline sentence would be “fair and appropriate.”
(Id. at 4.) In particular, the Government represented in the Plea Agreement that a sentence in the
range of 21 to 27 months would be “fair and appropriate,” while also permitting the defense to
seek a sentence with no jail time and to appeal any sentence over 27-months’ imprisonment. (Id.)
The Plea Agreement likewise provided that the Government would not bring other charges that
could reach the same conduct, which could have included child pornography “production” charges
with a fifteen-year mandatory minimum sentence. The Plea Agreement was based on Anthony
pleading guilty at first appearance without discovery.34
In his plea allocution, taken by Judge Loretta Preska, Anthony accepted full and complete
responsibility for his conduct, stating:
Beginning with my service in Congress, and continuing into the first half of last
year, I’ve compulsively sought attention from women who contacted me on social
media, and I engaged with many of them in both sexual and non-sexual
conversation. These destructive impulses brought great devastation to my family
and friends, and destroyed my life’s dream in public service. Yet, I remained in
denial even as the world around me fell apart. In late January 2016, I was contacted
by and began exchanging online messages with a stranger who said that she was a
high school student, and who I understood to be 15 years old. Through
approximately March of 2016, I engaged in obscene communications with this
teenager, including sharing explicit images and encouraging her to engage in
sexually explicit conduct, just as I had done and continued to do with adult women.
I knew this was as morally wrong as it was unlawful. This fall I came to grips for
the first time with the depths of my sickness. I I had hit bottom. Through
treatment I found the courage to take a moral inventory of my defects. I began a
—

This lack of discovery did not relieve the Government of its obligation under United States v.
Brady to disclose to the defense favorable information “material either to guilt or punishrnent”
373 U.S. 83, 87 (1963) (emphasis added). The defense requested Brady material in a letter to the
Government (Ex. 46), that led to several disclosures, including with respect to the financial and
political benefits the victim had admitted motivating her interactions with Anthony, benefits paid
to date, that the victim had conceded she would at times say things to Anthony in the chats “to
keep the exchange going,” and that the victim had deleted evidence as law enforcement was
coming to her house to collect it, among other items.

29

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program of recovery and mental health treatment that I continue to follow every
day. I accept full responsibility for my conduct. I have a sickness, but I do not
have an excuse. I apologize to everyone I have hurt. I apologize to the teenage girl
whom I mistreated so badly, and I am committed to making amends to all those I
have harmed.
(Plea Tr., dated May 19, 2017, at 12:22—13:25; see PSR

¶ 27.) As reported by various media

outlets, Anthony “cr[ied] openly” during his allocution.35
ARGUMENT

Anthony’s concededly wrongful conduct is on orders of magnitude less egregious than any
case involving sexually explicit communications with a teenager that has ever been prosecuted in
this district, and is so far beyond the heartland of a typical sexting case that it barely belongs in
that category at all. The prototypical offense is almost formulaic

—

an adult male, sexually

obsessed with minors (and with sexual contact ofien the ultimate goal), seeks out victims across
the internet, obtaining the initial images through deceit (i.e., pretending to be a fellow minor, or
hacking into their social media accounts), and then threatens to expose the victims if they refuse
to continue providing explicit material. The sad circumstances here are stti generis

—

a curious

teenager approaches an infamous addict, and (as conceded by the Government) in pursuit of money
and a hand in national politics, encourages the addict to do precisely the destrnctive thing he is
addicted to, while meticulously documenting his shameful behavior for public release. Yes,
Anthony committed a crime
—

—

he has a sickness, but not an excuse, as he stated during his plea

and with the Government having chosen to prosecute it, he comes before the Court to accept

his punishment. But the punishment should be fashioned to the unique nature of the crime that
occurred.

See, e.g., Benjamin Weiser & William K. Rashbaum, Anthony Weiner Pleads Guilty to federal
Obscenity Charge, NEW YoRK TIMES (May 19, 2017), available at https://www.nytimes.com/
2017/05/1 9/nyregionlanthony-weiner-guilty-plea-sexting. html?_r=0.

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 34 of 71

The punishment should also be tailored to fit the man who has committed the offense: a
long-sick man who required the shock of a federal investigation to finally seek help. But that was
shock enough. Anthony has faithfully participated in intensive in-patient and out-patient treatment
for nearly a year, and he is getting better. Moreover, Anthony does not need to go to prison to get
better still; it is clear, in fact, that prison
—

—

where it is virtually assured he will not get treatment

will only arrest his recovery. And prison would separate Anthony, a primary caregiver and by

all accounts wonderful father, from his son, depriving Anthony of the rock upon which his
recovery has been built and the motivating force in becoming the better person he must be for both
of them.
A sentence consisting of a significant term of probation would provide both the prospect
of prison without its premature deployment, allowing first an opportunity for Anthony to face
appropriate punishment in a context that will make his continuing treatment possible. A term of
probation can include a host of punitive restrictions
here

—

sufficient to punish the unusual offense

while enabling Anthony to continue to get better; minimizing the impact on his son, and

—

pennitting Anthony to make amends for his wrongs and to use his enormous talents in a productive
manner once more.
I.

The Sentencing Guidelines Calculation, Based On Illogical Cross-References, Is Due
No Weight

This is a case where the Sentencing Guideline range should carry virtually no weight. As
the Second Circuit has repeatedly held, and as discussed below, the Guidelines ranges employed

by the U.S. Sentencing Commission for child pornography-related offenses are not based on
empirical evidence, lead to irrational outcomes, and should not be accepted without significant
judicial scrutiny. In this case in particular, the Guidelines range, as the Government itself appears
to recognize, leads to an irrational and indefensible result. A modified range of 21 to 27 months,

31

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 35 of 71

settled on by the Government as “fair and appropriate” is certainly a more measured starting point
that could serve as a benchmark for a typical non-contact sexting offense. But here, even this
range is far excessive given the unusual and mitigating circumstances surrounding the offense.
As an initial matter, of course, the Sentencing Guidelines are purely advisory and are just
one factor among many that courts are required to consider

—

even when the Guidelines

calculation tracks empirical sentencing considerations. See United States v. Booker, 543 U.S. 220,
245 (2005). Thus, while a Guideline range established through a sound methodology provides a

“starting point and initial benchmark” for sentencing, the Supreme Court has instructed that courts
“may not presume that the Guidelines range is reasonable” and must instead “make an
individualized assessment based on the facts presented.” Gall v, United States, 552 U.S. 3$, 49—
50 (2007).
While the Sentencing Guidelines calculations may therefore provide a useful “benchmark”
or “starting point” for some offenses, their value is extraordinarily limited in certain categories of
cases. As the Supreme Court has acknowledged, the weight afforded to the Guidelines calculations
is owed in part due to the empirical approach typically employed by the Sentencing Commission,
which “fills an important institutional role: It has the capacity courts lack to base its determinations
on empirical data and national experience, guided by a professional staff with appropriate
expertise.” Kimbrough v. United States, 552 U.S. $5, l0$—09 (2007) (internaL quotation marks
omitted). But by the same line of reasoning, the Guideline for a particular offense is entitled to
very little weight when the Guideline “do[esj not exemplify the Commission’s exercise of its
characteristic institutional role,” that is, without reference to empirical data. Id. In these cases, a
sentencing court may well conclude that a Guidelines sentence “yields a sentence greater than
necessary to achieve [18 U.S.C.]

§

3553(a)’s purpose, even in a mine-run case.” Id.

32

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Nowhere is this more true than in the Guidelines prescribed for child pornography offenses,
where, as the Second Circuit has observed, “the Commission did not use [its typical] empirical
approach in formulating the Guidelines for child pornography.” United States v. Dorvee, 616 f.3d
174, 184—88 (2d Cir. 2010) (reversing a Guidelines range sentence as substantively unreasonable).
With respect to U.S.S.G.

§ 2G2.2, the Guideline for offenses involving the possession of child

pornography (implicated in this case through a cross-reference), the Dorvee court observed that
the multiple enhancements under the Guideline “routinely result in Guidelines projections near or
exceeding the statutory maximum, even in mn-of-the-mill cases,” Id. at 186, where the Guidelines
can call for harsher sentences for low-level offenders who have viewed images of minors without
physical contact than for defendants who engaged in the actual, physical sexual abuse of children,
Id. at 187. As such, the Second Circuit counseled district courts to “take seriously the broad

discretion they possess in fashioning sentences under

§ 2G2.2

.

.

.

bearing in mind that they are

dealing with an eccentric Guideline of highly unusual provenance which, unless carefully applied,
can easily generate unreasonable results.” Id. at 188.
While Dorvee addressed a Guideline covering child pornography possession and
distribution cases, the Second Circuit has also observed that the Guideline defects described in
Dorvee may also extend to the Guideline covering child pornography production offenses,

U.S.S.G.

§ 2G2.1, which, like the possession Guideline, can also produce indefensible sentencing

ranges. F or example, in United States v. Sawyer, the Second Circuit cited Dorvee in discussing
the irrational sentence produced by the application of § 2G2. 1 to a non-contact production offense,
in which the defendant took explicit photographs of minors but was not found to have engaged in
sexual contact with them. 672 F. App’x 63, 66—67, 66 n.3 (2d Cir. 2016) (summary order). The

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 37 of 71

court expressed astonishment that, as in Dorvee, the defendant faced a far longer sentence under
the Guideline than would “a defendant who repeatedly has sex with a child.” Id. at 66.
The general failure of the child pornography Guidelines to track any sort of sentencing
logic is on particular display in the instant case. The Guidelines provide for the application of

§ 2G3.1 to convictions under 1$ U.S.C. § 1470 for distribution of obscene material to a minor.
(PSR
ten,

¶J 3, 29.) That Guideline is sensible enough on its own. It carries a base offense level of

§ 2G3.1(a); a two-point enhancement for use of a computer service, § 2G3.1(b)(3); and a

seven-point enhancement where, as in virtually all sexting cases, the defendant shares the obscene
material to encourage the counterpart to respond in kind, see

§ 2G3.1(b)(1)(E). (PSR ¶ 3, 29.)

With credit for acceptance of responsibility, that Guideline results in a range of 21 to 27 months
for a defendant in Criminal History Category I, a range the Government represents in the Plea
Agreement would be “fair and appropriate” here. (PSR

¶J 3, 94.) And while a sentence within

this range would, on the facts of this case, be “greater than necessary,” 18 U.S.C.

§ 3553(a), it is

not necessarily an illogical “baseline” or starting point for a typical non-contact sexting case
involving a teenager.
However, although the application of

§ 2G3. I by itself results in this 21 to 27 month

baseline, two largely circular cross-references turn what could be a defensible Guideline starting
point to one devoid of logic or merit, first, a cross-reference at the end of
sentencing judge to the Guideline for possession of child pornography,
guideline condemned as irrational in Dorvee

—

§ 2G3.l directs the

§ 2G2.2

—

the same

if the defendant received sexually explicit material

from the minor, a circumstance that is virtually inherent in sexting cases. (See PSR ¶J 3, 29.) This

possession Guideline will, by itself, typically extend the Guidelines calculation in a sexting case

j

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 38 of 71

to near or above the ten-year statutory maximum sentence under 18 U.S.C.

§ 1470, based on the

numerous enhancements found to be illogical under Dorvee and its progeny.
Compounding the illogical outcome of the first cross-reference, the child pornography
possession Guideline to which the Court is initially referred itself contains a cross-reference
directing the Court to the child pornography production Guideline,

§ 2G2.l, if the defendant

intended to induce the minor to create and send sexually explicit images, a circumstance that yet
again occurs in virtually all sexting cases and that in practice is already accountedfor by the 7point enhancement under U.S.S.G,
applied. (See PSR

§‘

2G3.1(b)(’l)(E,), before either of the cross-references were

¶J 3, 29.) It is hard to fathom how this could be an intentional result of the

Sentencing Commission, much less a rational one, in cases involving non-contact sexting with a
teenage victim. And yet, the result of this second cross-reference is to send the Guidelines
calculation in a typical sexting case soaring higher still

—

to 135 to 168 months’ imprisonment in

this case (but for the statutory cap), effectively treating “run-of-the-mill” cases involving sexting
with a minor as more morally repugnant than physical sexual abuse of children

—

the very

outcome warned against in Dorvee. (See PSR ¶J 3, 93.) Likewise, this cross-reference punishes
far more seriously a defendant who catches a fleeting sexually explicit glimpse of a minor in a
private video chat (as here) than a defendant who receives a pre-existing sexually explicit image
of the minor during the exchange and posts it on the Internet for the world to view, because in the
latter case the defendant was not involved in its “production.”36

36

It is worth noting that many courts have not applied the cross-references in sexting cases, even
when the reported facts indicate the application is warranted, and have instead relied solely on the
application of U.S.S.G. § 2G3.1 to calculate the relevant Guideline range. See, e.g., See United
States v. Schofield, No. 6:14 Cr. 23 (C-BG), Doc. No. 40 (Dec. 16, 2014, N.D. Tex.), aff’d, 802
F.3d 722 (5th Cir. 2015) (despite the defendant’s admission to receiving sexually explicit images
from a minor, the court did not discuss or apply the cross-reference); United States v. Hughes, 7:14

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 39 of 71

Given the illogical aspects of the child pornography Guidelines generally
particularly absurd results produced by those Guidelines here

—

—

and the

it is little wonder that many judges

across the country have imposed substantially below-Guidelines sentences in cases governed by
these Guidelines, including cases of probation, even when the Guidelines called for many years in
prison. See, e.g., United States v. R. V, 157 F. Supp. 3d 207, 264—65 (E.D.N.Y. 2016) (collecting
cases where district courts have imposed, and circuit courts have affirmed, sentences with minimal
or no incarceration for defendants sentenced under the child pornography possession Guideline).
As for this district specifically, in appropriate cases

—

where, as here, the defendant is assessed to

be a low risk for future crime and there are other mitigating factors —judges have not hesitated
to reject substantial advisory Guidelines ranges and impose noncustodial sentences. See, e.g.,

United States v. Angelo Trinidad, No. 14 Cr. 537 (NRB) (S.D.N.Y. June 23, 2015); United States
v. Daniel Pinero, No. 14 Cr. 341 (MN) (S.D.N.Y. Apr. 1, 2015) (sentencing defendant to a non
incarceratory sentence despite a Guidelines range of 78—97 months); United States v. Patrick
Colon, No. 12 Cr. 462 (VB) (S.D.N.Y. May 21, 2013); United States v. Christopher Ressa, No. 11
Cr. 939 (RPP) (S.D.N.Y. Apr. 11, 2013) (imposing sentence of time served, around three days,
and supervised release, despite advisory range of 78—97 months); United States v. Robert Santana,
No. 10 Cr. 341 (SHS) (S.D.N.Y. Jan. 28, 2011) (imposing sentence of three years’ probation and
six months’ community confinement, despite advisory range around five years); United States v.

Cr. 72 (RAJ), Doc. No. 39 (Sept. 2, 2014, W.D. Tex.), aff’d, 618 F. App’x 770 (5th Cir. 2015)
(defendant received sexually explicit imagines of a minor, yet the court did not mention or apply
the cross-reference); United States v. Maldonado, No. 1:08 Cr. 273, Doe. Nos. 121, 122, 123 (Apr.
28, 2010, E.D. Cal.) (defendant received multiple images from multiple victims, and the court did
not apply or discuss the cross-reference). While these decisions may simply reflect unintentional
errors (and we do not dispute that the Guideline range set out in the Plea Agreement and adopted
by the pre-sentencing Probation Officer is on its face correct), they may also reflect an unstated
acknowledgment by prosecutors, probation departments, and/or courts in those districts that the
cross-references lead to unjustly inflated ranges.

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 40 of 71

Leonardo Morel-Baca, No. 11 Cr. 427 (DAB) (S.D.N.Y. Oct. 2, 2012) (sentencing defendant with
78—97 months’ Guidelines range to time served of one day and supervised release); United States
v. Hector Garcia, 10 Cr. 914 (BSJ), (S.D.N.Y. Sept. 18, 2012); United States v. Marvin falikovic,
No. 07 Cr. 906 (NRB) (S.D.N.Y. Mar. 5, 2008); United States v. John Batkam, No. 05 Cr. 689
(DLC) (S.D.N.Y. Mar. 28, 2006).
II

The

§ 3553(a) Factors Do Not Warrant A Custodial Sentence

The factors the Court must consider under 18 U.S.C.
together

—

§ 3553(a)

—

in isolation and taken

demonstrate that a sentence of imprisonment is not required here and would result in

punishment greater than necessary to achieve the goals of sentencing.
A.

The Unique Nature and Circumstances of the Offense, far Less Severe Than
Others Prosecuted, Do Not Require Incarceration

Pursuant to 18 U.S.C.

§ 3553(a)(1), the Court must consider the “nature and circumstances

of the offense” during sentencing, and pursuant to 18 U.S.C.

§ 3553(a)(2)(A), a sentence must

reflect “the seriousness of the offense.” Anthony’s conduct, while illegal and wrongful, was
significantly less egregious than other cases involving sexually explicit online communications
with a teenage victim. While it is not possible to identify each and every such case prosecuted
nationally (particularly as most do not involve opinions published on Westlaw or elsewhere), we
have been able to identify fifteen cases involving sexting with a minor prosecuted in the Southern
District of New York from 2005 to date, a particularly relevant data pool not only because it is the
district of prosecution, but also because of the care the U.S. Attorney’s Office for the Southern
District of New York is known for taking in considering appropriate charges and resolutions under
a statutory scheme that, if applied indiscriminately, could result in a fifteen-year mandatory
minimum child pornography “production” sentence for an eighteen-year-old asking her seventeenyear-old boyfriend to take and send an explicit “selfie.” See 18 U.S.C.

37

§

225 1(a).

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 41 of 71

A careful look at these fifteen cases reveals a stark conclusion: Anthony’s case is on orders
of magnitude less egregious than any that has previously been charged as a federal crime in this
district.37 Indeed, we have seen no other federal prosecutions

—

anywhere

—

that involve minor

victims seeking out a defendant and encouraging the defendant to engage in explicit conduct so
that the defendant could be publicly exposed.
As an initial matter, all other cases involving sexting between an adult and a minor or
minors prosecuted in the Southern District have involved defendants with an apparent sexual
interest in minors who have sought out minor victims on the internet for exploitation. This case
started the other way around. Anthony has no deviant sexual interest in minors and was not seeking
them out on the internet. Instead, the victim here sought out Anthony specifically, knowing exactly
who he was, and with the goal of eliciting his famously bad behavior online and profiting from the
resulting publicity.

Indeed, the offense conduct here does not involve a single one of the

aggravating circumstances present in the sexting offenses that have been prosecuted in this district.
Such cases have always involved at least one

—

and almost always more than one

—

of three key

aggravating factors: (1) actual or attempted sexual contact with a minor; (2) a common set of
predatory behaviors, such as using deception to initiate the sexting relationship with the minor
(e.g., pretending to be a fellow teen) and/or threatening to publicly expose the minor if the minor

breaks off contact; or (3) the abuse of a relationship of authority or trust (e.g., cases involving
teachers, coaches, and child therapists). This pattern of aggravating factors is also evident in out
of-district sexting cases, including from the Eastern District of New York and cases that have been

While our review of cases extended back to 2005, we did not identify any cases from 2005
through 2007, and it is unlikely that any pre-date this period, given the advent of smartphones and
associated messaging applications in the mid to late 2000s.

38

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 42 of 71

recently addressed by the Second Circuit, as well as in cases nationally.38 Yet none of these three
hallmark factors are present here.
1.

Actual or Attempted Physical contact With A Minor

A large subset of sexting cases in the Southern District (and beyond) are essentially child
enticement cases, where the exchange of explicit images serves as preparation or “grooming” for
the planned (and, tragically, often completed) sexual abuse of a child. See, e.g., United States v.
?vlatthew Tivy, 1:15 Cr. 855 (RA) (S.D.N.Y. 2015) (defendant initiated communications with a
minor through an online dating app, engaged in sexual acts with the minor, recorded these acts,
and shared the recordings); United States v. Hassan Khan, 1:15 Cr. 804 (JSR) (S.D.N.Y. 2015)
(defendant sexted with an 11-year-old girl from 2007 through 2013, then met with the minor twice
to engage in sexual intercourse); United States v. Jonathan Detaura, 7:12 Cr. 812 (S .D.N.Y.) (male
defendant posed as a 17-year-old girl to meet a 15-year-old boy online, arranged to meet and met

38

See, e.g., United States v. Broxmeyer, 699 F.3d 265, 270—74 (2d Cir. 2012) (N.D.N.Y.)
(defendant, a field hockey coach, in addition to sexually explicit Internet exchanges, engaged in a
sexual relationship with one of his 17-year-old players, raped another 17-year-old, sodomized a
15-year-old player, raped a 13-year-old player, and raped or sexually assaulted at least three other
minors); United States v, Pugtisi, 458 F. App’x 31, 34 (2d Cir. 2012) (N.D.N.Y.) (defendant, a
teacher at the victim’s school, sought sexually explicit photographs in internet communications
and had sexual intercourse with a 16-year-old student); United States v. Mirvis, 1:17 Mj. 00358
(PK) (E.D.N.Y. 2017) (defendant enticed minors to send him sexually explicit images over the
internet, and threatened at least one minor with revealing the images if the minor refused to send
more images); United Satates v. Mtcrillo, 2:17 Cr. 00240 (LDW) (E.D.N.Y. 2017) (defendant
posed as a 17-year-old to entice a minor to send sexually explicit images and attempted to meet
with the minor); United States v. Hutchinson, 528 F. App’x 894, 895 (11th Cir. 2014) (defendant
posed as a teenager online to meet minors, threatened to harm them if they did not send sexually
explicit images, and raped several minors); United States v. Shill, No. 3:1 0-CR-493-BR, 2012 WL
6569394, at *4 (D. Or. Dec. 17, 2012), aff’d, 740 F.3d 1347 (9th Cir. 2014) (defendant “friended”
multiple minors
classmates of his daughter online in an effort to persuade them to engage in
physical sexual contact); United States v. Nielsen, 694 F.3d 1032, 1034 (9th Cir. 2012) (defendant
connected with 12-year old through social media site, sexted with her, then used drugs to entice
her to engage in physical sexual contact).
—

—

3

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 43 of 71

the boy, and engaged in sexual activity with him); United States v. Evan Zauder, 1:12 Cr. 659
(LAK) (2012) (defendant, a grade school teacher, used the internet to engage in sexually explicit
communications with at least three minors, attempted to meet at least two minors, and engaged in
sexual intercourse with at least one minor).39 In other cases, there is a physical proximity and a
discussion of physical contact between the defendant and minor, but the offense is detected before
contact occurs. See United States v. PaaI Klvkken, 1:16 Cr. 593 (VEC) (2016) (defendant engaged
in sexually explicit internet messaging with a 13-year-old girl whose bedroom he could look into
from his own apartment, enticed the minor to engage in sexually explicit conduct while he watched
from his own home, described sex acts he wished to perform with the minor, and discussed
possibility of meeting before being caught).
2.

Predatory Behaviors

Another category of cases, which often overlaps with the first and covers almost all of the
sexting cases prosecuted in the Southern District, involves the use of a recurring set of predatory
behaviors endemic in these offenses, but entirely absent here. Often, the defendant initiates contact
with the minor victim, either by stealing (or claiming to have stolen) sexual images through
hacking the minor’s accounts or pretending to be a fellow minor to win trust and obtain the initial
sexually explicit images. Often, these defendants then engage in “sextortion” by threatening to
release the ill-gotten images to the public, the minor’s parents, or even the police, if the minor does
not provide additional images or engage in other sexually exploitative conduct. See, e.g., United
States v. Kelvin Acosta, 16 Cr. 296 (PAC) (S.D.N.Y. 2016) (defendant hacked email accounts
belonging to teenage girls, identified compromising material, and threatened to send the material

The parenthetical descriptions for these and other of the sexting cases discussed herein are,
where no published opinion is cited, based on a review of charging documents and other public
filings, such as Government sentencing submissions and sentencing transcripts.

40

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 44 of 71

to their families, friends, and schools, unless they sent him additional images and/or paid him
money); United States v. Michael Mari,i, 7:17 Cr. 336 (KMK) (S .D.N.Y. 2016) (defendant, posing
as a minor, tricked victim into sending him a sexually explicit photograph, and threatened to post
her sexually explicit photograph on the internet if she failed to provide more, which she did,
including bestiality images); United States v. David Ohnmacht, 7:17 Mj. 1857 (S.D.N.Y. 2017)
(defendant persuaded a 14-year-old girl to create a sexually explicit video and threatened to release
the video if the minor did not send him additional sexually explicit videos); United States v. Robert
I Garneau, 7:16 Cr. 757 (NSR) (S.D.N.Y. 2016) (defendant received sexually explicit images
from a 12-year-old, threatened the minor with arrest if the minor did not continue to send him
images, and engaged in similar conduct with twenty additional minors).
In other cases, the defendants have offered payments to the minors in return for the
production of explicit images. See United States v. Jon Cruz, 1:15 Cr. 338 (PKC) (S.D.N.Y. 2015)
(a teacher and debate coach, who targeted minors that were the same age as his students, convinced
the minors to provide sexually explicit images, sometimes by paying them). In all of these cases,
the defendants have, in some manner, preyed on minors (usually more than one) and coerced them
into producing explicit images through a combination of deception and threats. See also United
States v. Mark Warren, 1:14 Cr. 78 (SHS) (S.D.N.Y. 2014) (posed as a teenager on various social
media sites to entice teens to engage in sexually explicit conduct, which he secretly recorded and
threatened to publish if they did not provide him with additional explicit content); United States v.
Daniel Coons, 7:14 Cr. 454 (CS) (S.D.N.Y. 2014) (multiple minors took and shared sexually
explicit photographs with defendant, which he threatened to publish if they did not send additional
images); United States v. Matthew Vado, 1:14 Cr. 666 (PAE) (S.D.N.Y. 2014) (engaged in sexually

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explicit communications with thirteen minors between the ages of 9 to 15, and threatened to
publish the resulting images if the minors did not continue to send him additional explicit images).
3.

Position of Trust or A tuthority Over Children

A third category of cases

—

which can overlap with cases in the prior two categories

—

involves adults in a position of trust or authority with respect to minors. Such cases in this district
have included the prosecutions of teachers, camp counselors, coaches, and a child therapist, each
of whom was in a position to

—

and often did

—

abuse a relationship of trust and authority

involving minors. See United States v. Marctts Strozid, 7:17 Cr. 320 (CS) (S.D.N.Y. 2017) (a
wrestling coach, who connected with a 14-year-old he initially met at a wrestling camp, found
nude photographs of the minor from another internet source, and used the photographs to extort
sexual acts from the minor); United States v. Elliot Halberstam, 1:15 Cr. 825 (JLC) (S.D.N.Y.
2015) (a therapist, who coerced former patient into engaging in sexually explicit conduct for the
purpose of producing explicit images); Jon Cruz, 1:15 Cr. 338 (see above, a teacher and debate
coach who solicited explicit images from minors); United States v. Jonathan Delaura, 7:12 Cr.
$12 (KMK) (S.D.N.Y.) (see above, served as tennis instructor for at least one of his multiple
victims).
*

These factors

—

*

one or more of which are present in each and every adult-minor sexting

case prosecuted in this district

—

are entirely absent here. As an initial matter, Anthony has no

sexual obsession with minors. He has not pursued minors, online or elsewhere. His particular
sickness did not revolve around minors at all, but rather with the compulsion to respond and
sexually engage with all-corners on the internet, a destructive but not inherently criminal habit that
swept into its ambit the teenage victim here, through an indisputably unusual set of circumstances.
Nor does Anthony’s offense exhibit any of the three severely aggravating factors present in every
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other prosecution: (1) actual or attempted physical contact, (2) a predatory set of behaviors, or (3)
a relationship of trust or authority with minors. Anthony never sought physical contact with JD;
their exchanges, to Anthony, were simply internet fantasy.4° Anthony did not act as a predator: he
did not hide who he was from JD (it was she who disguised her purpose of documenting his
compulsive sexual behavior for monetary gain), and he did not threaten JD with exposure if she
stopped these communications (very much unlike the typical case, the victim appears to have
sought such exposure from the outset, most recently in an Inside Edition interview in which she
allowed images of her face to be broadcast). Nor did Anthony have any relationship of trust or
authority with JD; he didn’t even know her. None of this excuses Anthony from the criminal
behavior he engaged in with ID, which he accepted full responsibility for during his plea and
reaffirms in his letter to the Court. But the fact remains that Anthony’s criminal misconduct is so
unlike any other sexting offense prosecuted in this district that it lies in a different world entirely.
The Government, while determining that this case should be prosecuted, appears in accord
with this assessment of offense severity. As noted above, the Government took the unprecedented
step of permitting Anthony to plead guilty to an obscenity rather than a child pornography—related
charge, as well as the further extraordinary step of agreeing that a below-Guideline sentence would
be “fair and appropriate” here based, in part, on the “specific circumstances of the offense conduct
in this case,” a concession so unusual that the Government caveated that it “is not intended as
precedent for other cases.” (Plea Agreement, Ex. 42 at 4.) The Government has made this point
eloquently in its sentencing memorandum in United States v. Crziz, 15 Cr. 33$ (PKC), explaining

40

As Dr. Must notes in her evaluation Anthony’s “behavior largely fits the pattern described in
the field as Virtual Offending. behavior, whereby the online communications with minors tend
to be fantasy-driven. Sexual fantasy is the goal, rather than contact sexual offending.” (Must
Report at 2$.)
.

.

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why Anthony’s conduct could not be compared to the conduct of the defendant in that case
high school teacher who solicited and received explicit images from at least eight minors

—

—

a

based

on the lack of aggravating factors in Anthony’s case. Specifically, the Government wrote:
Crnz’s argument that his case is most analogous to United States v. Weiner should
be rejected outright.... Weiner admitted to engaging in sexually explicit Internet
communications with one minor teenager; Cruz had at least eight victims, and, by
his own admission, likely many more.
There is no allegation that Weiner hid
his true identity; Cruz went to great lengths to conceal who he was and why he was
soliciting child pornography. And, while Weiner is not alleged to have sought out
his minor victim, Crnz actively and persistently targeted the boys with whom he
communicated, even asking some of them to refer him to their friends. While both
cases involve indisputably serious, hanTiful conduct, the scope and depth of Cruz’s
crimes
involving multiple victims over many years
makes the defendant’s
comparison to the Weiner case entirely inappropriate.
.

.

.

—

—

(Br. for the U.S., United States v. Cruz, 15Cr. 33$ (PKC), Doc. No.55 (S.D.N.Y. July 7,2017).)
B.

Anthony’s History and Personal Characteristics Warrant Leniency

Not only was Anthony’s offense far less egregious than the sexting offenses typically
prosecuted in this district, it was committed by a defendant struggling with a sickness that had
already laid grievous waste to most of what mattered to him in life. Pursuant to 1$ U.S.C.

§

3553(a)(l), the Court must consider the “the history and characteristics of the defendant” during

sentencing, including the “mental or emotional condition” of the defendant. Rita v. United States,
551 U.S. 33$, 364—65 (2007). These factors too counsel leniency. Anthony’s offense was borne
of mental illness, not maleficence. His astounding commitment to treatment and future wellness
speaks to a core strength to his character and to the lack of risk he poses in the outside world. And
despite his personal failings, Anthony must be judged too for the great deal of good he did for New
Yorkers who depended upon him throughout his years of public service.
1.

The Offense Was the Product ofSickness, Not Venality

There can be no question that, at the time of the offense, Anthony was a very sick man, in
the throes of a self-destructive compulsion that swept up innocents in its wake. Anthony did not
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commit his offense as many a sexual predator does
taking steps to get away with it

—

—

seeking to flout society’s standards and

but was instead caught in a cycle of conduct that, from its

inception, was all but guaranteed to end in a shameful public spectacle and likely arrest. Stepping
back, the facts are striking: Anthony had not once, but twice lost his career in public scandals (first
in Congress and then plummeting from front-runner status in the New York City mayoral race),
and caused deep pain to himself and to those around him, by responding to the sexual overtures of
strangers on the internet, in his own name.
responded to a stranger

—

Nevertheless, in January 2016, Anthony again

this time, a misguided teenager

—

and again took no steps to conceal

his identity, after which the stranger again brought the story of their exchanges to the press. These
are not the actions of a scheming criminal; it is the compulsive conduct of a sick man caught in a
cycle of self-destruction.
Unsurprisingly, the mental health professionals who have examined Anthony have come
to the same core conclusion: Dr. Levinson, Dr. Must, and Mr. Kelly have all determined that
Anthony has no particularized sexual interest in teenagers that would drive him to commit a crime
to satisfy his fantasies.41 (P. Kelly Letter, Ex. 43 at 1—2; Must Report at 14, 28.) Instead, Anthony
was in the grip of compulsive conduct that caused him to seek attention and adoration from
strangers on the Internet, a doomed effort to fill an emotional void that was thwarting such
connections in the real world. F or example, Dr. Levinson has described Anthony’s illness as

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involving “addictive behavior in which [Anthony] compulsively responded to strangers over the
internet to fill [his emotional] void.” Mr. Kelly similarly describes Anthony as having “sexual
compulsivity problems, sometimes referred to as ‘sex addiction,” a disorder that he explains
“encompasses a range of compulsive sexual behaviors, and does not always include physical
sexual encounters.” (P. Kelly Letter, Ex. 43 at 1.) Mr. Kelly noted that Anthony in particular
displayed “an addictive, compulsive tendency toward social/sexual interactions with anonymous
adult women via the internet.” (Id. at 4.) finally, Dr. Must described Anthony’s “online sexual
behavior” as being “motivated by addictive tendencies, emotional problems, social isolation and
low self-worth” and involves “highly compulsive behavior aimed to relieve emotional problems.”
(Must Report at 2$.)
The “sexual compulsivity” that Dr. Must (Must Report at 27—29), Dr. Levinson, and Mr.
Kelly have concluded Anthony suffers from, or “sex addiction” as it is sometimes described,
involves sexual behaviors that an individual finds to be irresistible despite an individual’s
awareness of negative consequences

—

that is, Anthony’s conduct precisely. See, e.g., Steven N.

Gold & Christopher L. Heffrier, Sexual Addiction: Many Conceptions, Minimal Data, 18 CLINICAL
PSYCHOL. REV. 367, 368—69 (199$); Aviel Goodman, Diagnosis and Treatment of Sexual
Addiction, 19 J. SEX & MARITAL THERAPY 225, 306 (1993). following emerging scientific
developments, courts have demonstrated increasing understanding that “sex addiction” and other
behavioral addictions (such as compulsive gambling, overeating, or other detrimental behaviors)
that trigger neurochemical reward42 merit the same consideration as substance addictions in the

42

See, e.g., Jon E. Grant, Marc N. Potenza, Aviv Weinstein, and David A. Gorelick, Introduction
to Behavioral Addictions, AM. J. DRUG ALCOHOL ABUsE (2011); Marc Lewis, Behavioral
Addictions vs. Substance Addictions; Whether it’s drugs, booze, sex, or gambling, the brain can ‘t
tell the difference, PSYCHOLOGY TODAY (Jun. 17, 2013), https://www.psychologytoday.com/blog/
addicted-brains/20 13 06/behavioral-addictions-vs-substance-addictions.

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sentencing context. For example, in a recent sentencing, Judge Rakoff heard expert testimony on
the disputed issue of whether the defendant had a “gambling addiction” that could be relevant to
sentencing. See United States v. Caspersen, No. 16 Cr. 414 (JSR), Doc. No. 37, at 5—45 (S.D.N.Y
Dec. 7, 2016). After hearing this testimony, Judge Rakoff concluded that it was “more likely than
not that there is such a thing as gambling disorder” and that it had “diminished [the defendant’s]
ability to make rational decisions.” Id. at 45:13—18. Accordingly, Judge Rakoff took the addiction
into consideration in sentencing the defendant well-below the Guidelines, stating:
Among the most fundamental programs of our legal system when it comes to crime
are that we distinguish between people who commit crimes because they have made
a rational choice that they would rather do something antisocial and harmful to
others in order to gain their material benefits or other benefits, and those who act
with diminished capacity and who are to some degree not acting with a full deck.
And the reason the legal system makes that distinction is because the criminal
justice system in particular is an expression, among other things, of fundamental
moral principles.
Id. at 46:21—47:6; see United States v. Liii, 267 F. $upp. 2d 371, 376—77 (E.D.N.Y. 2003) (granting
a “downward deparmre to reflect [the defendant’s] significantly reduced mental capacity caused
by his pathological gambling addiction”); United States v. Harris, No. 192 Cr. 455 (CSH), 1994
WL 683429, at *4 (S.D.N.Y. Dec. 6, 1994), aff’d, 79 F.3d 223 (2d Cir. 1996) (finding that “a
pathological gambling disorder
U.S.S.G.

.

.

.

may qualify in law as a form of ‘diminished capacity’ under

§ 5K2.13”).

So too here.

Anthony suffered from a debilitating addiction

—

not to sexting with

teenagers, but to engaging in online sexual behavior with strangers. His inability to stop his

behavior, even after so many negative consequences, only underscores the disordered thinking that
prompted Anthony to respond to JD. And his resulting communications with JD were not the acts
of someone who “made a rational choice that they would rather do something antisocial and
harmful to others in order to gain

.

.

.

benefits,” see Caspersen, No. 16 Cr. 414 (JSR), Doc. No.

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37, at 46:21—47:6, but the acts of a sick man taking yet another step in his own self-induced
obliteration.

Indeed, such sexually compulsive behavior has been recognized by courts as a

mitigating factor sufficient to warrant a lower sentence in child pornography cases. See, e.g.,
United States v. Tanasi, No. 02 Cr. 96 (RWS), 2004 WL 406724, at *3_4 (S.D.N.Y. Mar. 3, 2004)

(granting a downward departure due, in part, to the defendant’s diminished capacity caused by
sexual addiction that led him to “indiscriminately” collect and transmit pornographic images);
United States v. Shasky, 939 F. Supp. 695, 697, 702 (D. Neb. 1996) (granting a downward

departure due, in part, to evidence that the defendant suffered from a pornography addiction).
2.

Anthony’s Extraordinary Progress in Treatment

The fact that Anthony’s crime was the product of sickness and not venality merits leniency
under 1$ U.S.C.

§

3553(a); however, that mere fact alone would mean far less if Anthony was not

also deeply committed to his treatment and recovery

—

a testament both to his character and to

the diminished risk he poses to others.
There can be no question that the progress Anthony has made since seeking treatment in
September 2016 has been remarkable. Dr. Levinson, who evaluated Anthony directly after the
Daily Mail exposé and placed him in an in-patient recovery program, observed that he entered

treatment with some reluctance, but when she saw him again a few months later, her evaluation
and additional tests made clear that he was “thoroughly motivated to change.” (Must Report at
13—14.)

And as Dr. Must, the Court-appointed psychologist attests: Anthony has taken

“responsibility for the sum of his behavior” and “appears to be taking his treatment very seriously,
and has the ability to recover relatively quickly despite setbacks.” (Must Report at 20, 22.)
n Indeed, evidence of Anthony’s commitment to
--

.

48

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Concurring in the judgement of his two peers, Paul Kelly, Anthony’s treating therapist since
January, writes that “Anthony has shown steady and consistent progress” and that he has
“confidence that with continued work in the manner he has been engaging Anthony will continue
to maintain healthy and appropriate social and sexual boundaries.” (P. Kelly Letter, Ex. 43 at 2.)
Anthony’s commitment to continuing his treatment is clear. Anthony regularly attends
treatment meetings, where, as a fellow recoveree describes, he “shares frequently.

.

.

with a keen

intelligence and unsparing insight into the seriousness and consequences of what he has publicly
called his ‘sickness.”

Letter, Ex. 36.) As recounted by Anthony’s

sponsor

to

Dr. Must regarding the “seriousness with which [Anthony] is taking his problem”:
recalled how Mr. Weiner came to a meeting in snowy weather on crutches,
not coerced or prodded by anyone. He noted how he recently attended an intense
retreat, which he suggested was another example of him taking his personal work
seriously. He shared that Mr. Weiner and he work in a structured, academic manner
that is a good fit for him, and he follows through completing the homework, and
reaches out to him if he is in duress. Using “willingness” as a descriptor to describe
Mr. Weiner,
compared him to many others who are present in person only,
as opposed to Mr. Weiner who goes to extra lengths to better himself.
(Must Report at 12—13.) And several others have remarked on Anthony’s refusal to miss his
recovery meetings, even after debilitating knee surgery. For example,

writes:

Every week that I went, Anthony was there. Anthony hobbled in after surgery with
crutches, came in feeling sick from a cold, came in week after week no matter what
and then talked to people after the meeting. He showed me hope, by his example
and dedication, just by being there, talking and sharing his road to recovery. He

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showed me that commitment to this program can help maintain sobriety and change
our own lives as well as the people around us who rely on us and care for us.
( Letter, Ex. 34; sees Letter, Ex. 30; Must Report at 12—13.)
finally, Anthony describes the journey he has undertaken from a man unwilling to
recognize a problem to someone nearly a year into recovery:
For years I was in denial, and even when I half-heartedly sought help,. I got the
wrong kind. Well-meaning professionals who stressed better decision making
unwittingly helped me deny I was dealing with addictive behavior. I lost a career
when my secret life became public. I lost jobs when I couldn’t stop. Finally, I went
to rehab, recognized clearly what this pattern really was. I finally found
professionals who help me manage my sickness. I found a community of people to
support me in my recovery. Now at this writing, I am 345 days off my destructive
behaviors and have a daily practice to help me never return to them.
.

.

(A. Weiner Letter, Ex. 1.)
Anthony’s sickness, and his dedicated efforts to overcome his disease, merit substantial
leniency. See, e.g., United States v. Grinbergs, No. 8:05 Cr. 232, 2008 WL 4191145, at *9 (D.
Neb. Sept. 8, 2008) (imposing a sentence 75% below the Guideline range due in part to “the
defendant’s mental condition

.

.

.

[which] contributed to the offense,” and his “excellent progress

in rehabilitation”); United States v. Boyden, No. 06 Cr. 20243, 2007 WL 1725402, at 1, *7_b
(E.D. Mich. June 14, 2007) (imposing a sentence of one day due, in part, to the defendant’s success
in therapy treating his “sexual addiction”).
3.

Anthony’s Decades in Public Service

The fact that Anthony’s offense was the product of sickness, and that he has made
remarkable efforts addressing this sickness, are aspects of his “history and characteristics” that
warrant leniency. But also important to this assessment is the remarkable good work
it out of the limelight

—

—

much of

that Anthony has done through decades of public service. Anthony’s

nearly thirty years in public service left an indelible impact on scores of New Yorkers. As
described in detail at the outset of this submission, supra pp. 6—12, Anthony dedicated himself
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tirelessly to the needs of his constituents, fighting for them on a range of diverse issues. In short,
while Anthony’s worst act will substantially inform the sentence he receives, these moments
some of his best

—

—

should play a role as well.

Indeed, Anthony’s empathy and commitment to helping those in need still reverberate with
Anthony’s constituents, staffers, and friends many years later. As Anthony’s former
,writes: “I have seen that theme
over again, throughout Anthony’s career.
to his character.

.

.

..

.

—

of protecting the underdog

—

repeated over and

Offering support to those most vulnerable is central

Letter, Ex. 15.) As

.“

writes of the “overwhelmingly positive role” Anthony “played in the public
sphere through his career in public service”:
[Anthony s]tood up with low-income New Yorkers and nonprofit organizations to
publically call for improved public policies to fight poverty, hunger, and
homelessness. He also fought for such policies behind the scenes, standing up to
leaders of his own party to push them to ensure that health care programs would
cover more moderate income Americans and to get them to more forcefully oppose
cuts in federal nutrition assistance benefits.
.

Letter, Ex. 10.) And, as Janet Davas, a community leader who worked with Anthony on
service projects, writes:
It was always interesting to be out with him in public, in particular in his former
district and to watch the reaction of his former constituents when they recognized
but without fail, they asked and
him. It was obvious that they cared for him
sometimes begged that he return to Congress so that he could help them
as he
had done so ably as their representative. In turn, he was always kind and patient
and would hear each individual out and offer advice and suggestions.
—

—

(I. Davas Letter, Ex. 12.)
finally, one anecdote that

relays is particularly poignant, and speaks to

Anthony’s empathy and goodness beneath the public persona of brash Congressional brawler:
Shortly before his run for Congress, Anthony’s then girlfriend moved in with her
cats. One night while she was out of town, one of the cats fell off the roof of

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Anthony’s building and managed to survive. Anthony called me early the
following morning. He had been at an emergency veterinary service all night and
had not slept. I have never seen him so shaken.
In the following weeks, Anthony nursed the cat to health. In fact, he grew so close
to his girlfriend’s cat that after he and his girlfriend ended their relationship, they
agreed that he would get to keep it. That one-eyed cat was still alive the last time I
visited Anthony, almost 15 years later.
Letter, Ex. 15.) This example says much about Anthony. His outward persona has
been that of a fighter. His ability to make and maintain intimate personal connections with other
people is something he has always struggled with, a cause of his descent into sickness. But beneath
what is at times an impenetrable surface, there is a deep and empathetic kindness. It is a quality
seen most clearly in Anthony’s relationship with his son.
4.

Anthony’s Commitment to His Son

One theme that shines through the letters from family, friends, fellow recoverees, and the
mental health professionals who have examined and cared for Anthony is the extraordinary job he
has done as a father to his son,
Weiner Letter, Ex. 1.)

years old. (A.

was born at the time that Anthony’s public life was collapsing around

him, and there is no question that Anthony has channeled the passion and talent he had once
reserved for public duties into being the kind of father to his son that he never had.
Since

birth, Anthony has been a loving, attentive, and energetic father,

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Despite the current disarray in his life, Anthony’s devotion to
also continues today.

As Anthony’s brother, Jason, noted to Anthony’s pre-sentencing Probation
Officer, Anthony is “extremely dedicated to his son” (PSR ¶ 60), and as Jason writes to the Court:
Anthony is an amazing dad. Maybe the best I know. Yes, he is
piii-

h

c

(J. Weiner Letter, Ex. 4.) friends have noted Anthony’s devotion to

as well. As Rabbi

Darren Levin writes:

(Rabbi D. Levine Letter, Ex. 22.) And, as Anthony himself writes of his relationship with

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The only honest and true part of me was my love for him and my desire to make
,,1

I

(A. Weiner Letter, Ex. 1.)
Anthony is also driven to provide

the happy childhood that he did not have.

Perhaps not surprisingly, as a result, it is clear that

is the motivating force in

Anthony’s recovery: Anthony is painfully aware of how his conduct has hurt his son, and this
insight has motivated Anthony to make himself better. Indeed, as Dr. Must writes in her report:

(Must Report at 12.) Mr. Kelly has made similar observations, noting:

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(P. Kelly Letter, Ex. 43 at 3.) And, Anthony writes poignantly of his realization in recovery that
his sexting habit had put at risk the one aspect of his life that had not been destroyed:
I would tell myself, if I get
right then all the rest of my mess can be
forgiven. If I loved him enough and gave him an amazing childhood, then at least
one person will love me throughout.
But I was wrong. So long as I was still doing things that so were so completely at
odds with my values and the values I wanted for him, I was not being the father he
needed. I was not teaching him perseverance and strength by getting up after each
embarrassing expose about me and continuing to be a good dad. No. By not getting
help, by continuing to dishonor his mother, by living in shame and secrets, I was
not teaching him courage. far from it. I regret it so much it makes me shake just
to write this.
I see now that this whole terrible thing was necessary to bring me to this place
where I can look my son in the eye soon and tell him that I accept the responsibility
for my actions and every day, one day at a time, I am working to live a life of
integrity.
(A. Weiner Letter, Ex. 1.)
C.

Incarceration Is Not Required to Satisfy the Remaining Goals of Sentencing

1$ U.S.C.

§ 3553(a) also requires that the Court impose

a sentence “sufficient, but not

greater than necessary,” to “promote respect for the law,” “provide just punishment for the
offense,” “afford adequate deterrence to criminal conduct,” and “protect the public from further
crimes of the defendant.” 1$ U.S.C.

§ 3553(a)(2)(A)—(C). Based on the unique nature of the

offense conduct discussed above, as well as Anthony’s individual circumstances, a sentence of
incarceration is not necessary satisfy these goals.
1.

Antlwny ‘s Ignominy Is Itself a Deterrent

A period of incarceration is not necessary to deter the public from following in Anthony’s
footsteps. Simply put, no one wants to be Anthony Weiner

—

he is a national pariah. Since his

communications with JD have become public, Anthony has been the subject of widespread public

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flogging and even a death threat in the popular media. Anthony’s former colleagues in
government have publicly shunned him,45 and he is the routine target of late night barbs.46 As
reported in one of the countless stories by tabloid reporters who track his every move, Anthony is
now “a virtual hermit, scorned, derided, broke and alone, but for his mother and father in Brooklyn
and his Manhattan restaurateur brother”47

—

this from a man many once lauded as a bright light

of Congress, a possible Mayor of New York, and maybe more, before his all-consuming sexting
habit destroyed each possibility, most devastatingly in this final criminal iteration of it. Anthony
is now a walking, talking billboard against sexting with a minor, and would be that even without
a federal conviction. Now, he will be a federal felon and a registered sex offender too, offering
more deterrent still to anyone thinking of following his path. Prison is not needed to deter people
from following Anthony’s path. Anthony has does a fine job of this himself.
2.

Anthony Does Not Present a Threat to Other Minors

Nor is a term of incarceration necessary to dissuade Anthony himself from engaging in
criminal conduct. While it is easy to think of Anthony as a “repeat offender”

‘

—

after all, this is

See Sidney fussell, Sad. SickldiotAnthony Weiner to Plead Guilty to Sexting 15-Year-Old Girl,

GlzMoDo (May 19, 2017), gizmodo.com/sad-sick-idiot-anthony-weiner-to-plead-guilty-to-sexti

1795368149; YouTuBE, Bill Maher: “I’ll ‘F*cking Kill Anthony Weiner’
5, 2016), https ://www.youtube.com/watch?v=Bl2ve4uhkko.

f Clinton Loses

(Nov.

See Maggie Haberman & Alexander Burns, for Democrats, Anttioin’ Weiner Makes an
Unwelcome Return, NEW YORK TIMEs (Oct. 30, 2016), available at http://www.nytimes.com/
2016/10/31 /us/politics/anthony-weiner-democratic-reaction.html.
46

See THE LATE SHow WITH STEPHEN C0LBERT, Anthony Weiner’s **** Might Destroy Two
Political Careers (Nov. 1, 2016), https://www.youtube.com/watch?v=DLH36Tr-8pE.

See Aaron Short & Khristina Naritzhnaya, Anthony Weiner’s world is about to get much smaller
and sadder, NEW YORK POST (May 20, 2017), avall ‘- ‘e at 1 “-vnost.c”--’ 1 7/05/’ “-‘ did
it-to1
elf-anthony-’
-faces-prison-exile/.

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not his first (or even third) sexting scandal

—

it is crucial to bear in mind that the prior scandals,

while distasteful and harmful, were not criminal. This single instance of criminal misconduct has
demonstrably had an immediate and profound impact on Anthony, causing him to finally seek and
persist with treatment for his underlying disorder.
Dr. Levinson’s, Mr. Kelly’s, and Dr. Must’s findings support this lack of threat. While the
risk metrics and labels vary, it is clear from all of these professionals that Anthony is highly
unlikely to engage in sexting with a teenager again. As noted, no mental health professional has
found that Anthony has any pedophilic or hebephilic interests or deviant interest in teenagers at
all. Dr. Levinson deemed Anthony’s risk of re-offense to be “low” (PSR ¶ 66; Must Report at 14),
and Mr. Kelly concurs, writing in his letter to the Court that, “having worked therapeutically with
Anthony more extensively than any of his previous therapists

.

.

.

I believe that Anthony is very

unlikely to repeat the offense for which he is before the Court.” (P. Kelly Letter, Ex. 43 at 1.)
And, while Dr. Must reported that the calculation of risk using highly derided standardized
measures based on dated actuarial data involving the behavior of a small group of child molesters48

This test, the Static-99R, leads to particularly absurd results in Anthony’s case, given that he
would have had a “below average risk” of reoffense under the test if he had sexually molested a
pre-pubescent relative instead of engaged in online exchanges with a stranger. (See Must Report
at 24—26.) Critiques of the Static-99R and its sister test, the Static-99, come from all corners,
including courts, researchers, and the media. See, e.g., United States v. Hall, 664 F.3d 456, 464
(4th Cir. 2012) (finding that the Static-99R test was of limited value because it did not take into
consideration important factors, such as the offender’s “participation in treatment, his compliance
with such treatment, his history of reoffending after treatment, and his commitment to controlling
his deviant behavior”); United States v. C.R., 792 F. Supp. 2d 343, 412, 446—49 (E.D.N.Y. 2011)
(finding the Static-99 test cannot be used for a defendant accused solely of online child
pornography crimes because the test measures recidivism of child molestation), vacated and
remanded on other grounds by, United States v. Reingold, 731 f.3d 204 (2d Cir. 2013); Jenny
Chang, These 10 Questions Can Mean Life Behind Bars, BUzzFEED (Apr. 22, 2015),
https ://www.buzzfeed.com/peteraldhous/these- 1 0-questions-can-rnean-life-behindbars?utm term
=.nsBm9MZrjE#.va$4l9LoDx; see also David Feige, When Junk Science About Sex Offenders
Infects the Sttpreme Court, NEw YORK TIMES (Sept. 12, 2017) (op-ed) (noting that “[c]onvicted

57

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is “average,” she explains that this “average” means “there is a 92.5% chance that [Anthony] will
not have another legal sexual problem”49 (Must Report at 26), and makes clear in the report that
she believes Anthony is not likely to reoffend due to his “intelligence, his dedication to his
parenting role and son, his motivation to change, and his support group” (id. at 28). As repeatedly
observed by other courts reduced risk of reoffense is an important sentencing factor in cases of
this kind. See, e.g., United States v. E.L., 188 F. Supp. 3d 152, 174 (E.D.N.Y. 2016) (concluding
that “[a] prison sentence in the instant case is not necessary to protect the public,” because of the
defendant’s low risk of recidivism, which was “further mitigated by [the] defendant’s participation
in his current treatment program”)); R. V, 157 F. Supp. 3d 207; Grinbergs, 2008 WL 4191145, at
*9 (D. Neb. Sept. 8, 2008); Boyden, 2007 WL 1725402, at *1, *7_tO (E.D. Mich. June 14, 2007).
Nor must the Court be confident that Anthony will never relapse in his sexting addiction
to conclude that his risk of re-offense is minimal. Even if Anthony should relapse and sexually
engage with others on the internet, it is abundantly clear that he has learned through this case that
he must never do so again with a minor. As Mr. Kelly notes:
Anthony’s illegal behavior was an anomaly and fell well outside of his typical
sexual behavior
even his sexually compulsive behavior
because Anthony
does not show any predatory behavior, nor any unusual inclination toward
individuals below the age of majority. While he has shown significantly poor
judgement and a self-defeating tendency to engage sexual activities that are
detrimental to his own best interest, these encounters have always been with
consenting adults. His engagement with a person under the age of majority was
well outside his general pattern of behavior and is therefore very unlikely to recur.
—

—

sex offenders have among the lowest rates of same-crime recidivism of any category of offender”
and deriding the “junk science” that has supported views to the contrary).
There is some reason to doubt that this 7.5% recidivism risk calculation is accurate as a matter
of statistics or logic. Based on the communications belatedly released to Dr. Must by the
Government, Dr. Must improved Anthony’s scores on both the Static-99R and Stable-2007 tests,
and reduced Anthony’s risk of reoffense by more than 30% under the Static-99R test from 5.6%
to 3.9% in comparison to the first report. Yet inexplicably, his combined risk of reoffense from
the original report remains unchanged at 7.5%. (See Must Report at 23—26.)
‘

—

5$

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 62 of 71

(P. Kelly Letter, Ex. 43 at 1.)

In short, Anthony poses no continuing threat to the public and should be sentenced with
the lack of a need for deterrence in mind.
3.

Anthony Has Already Experienced Significant Punishment, Some ofIt Unfair

Nearly all defendants feel the collateral consequences of conviction
employment, the harm to the family

—

—

the lost

as a form of punishment, and Anthony is no different. And

federal sentencing courts routinely observe that these hardships, real as they are, are not a substitute
for punishment by the government. Here, though, Anthony’s case does stand out. He has already
been punished in a meaningful way by the government, just not in a judicially sanctioned manner.
What was supposed to be a confidential grand jury investigation into a personal offense was leaked
by “law enforcement sources” and then improperly injected into the presidential election by the
then-FBI Director. This conduct is not defensible and, indeed, the Government literally cannot
defend it; the Deputy Attorney General of the United States has already formally concluded that
Mr. Comey’s public statements involving the review of evidence seized in this case were
iinproper.°
There can be no question that that these improper disclosures exacted significant extrajudicial punishment on Anthony and his family. Anthony might once have been a punch line, but
he is now

—

to many in this country

—

something far worse, as a result of Secretary Clinton’s

toss.5’ While Anthony is responsible for many shameful things in his life, neither he nor his wife
should have been asked to bear such blame, for a matter entirely unrelated to this case and the
50

That this memorandum may have been misused as a pretext to fire Mr. Comey does not alter the
fundamental soundness of the Department of Justice’s analysis.

See, e.g., supra notes 44—46; Madeleine Weast, Anthony Weiner Blamed for Clinton Loss kv
Neighbors, Has No friends, THE WASHINGTON FREE BEACON (Aug. 7, 2017),
http://freebeacon.com/culmre/weiner-has-no-friends/.

59

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conduct precipitating it. Moreover, while Anthony was blessed that some in public life have
provided letters to the Court in his support at sentencing, many others did not, citing not the offense
conduct but Anthony’s status as a political pariah. These punitive consequences are directly
attributable to what the Department of Justice has conceded, at least in part, are improper
disclosures relating to this investigation.
III.

A Sentence of Probation with Conditions Including Continued Treatment and
Community Service Is Sufficient, But Not Greater Than Necessary, to Satisfy the
Goals of Sentencing
Given all of these factors, a sentence of probation with special conditions of supervised

release, including continued treatment of the kind recommended by Dr. Must and Mr. Kelly, and
community service, would be “sufficient, but not greater than necessary,” to accomplish the goals
of sentencing, without disrupting the remarkable progress Anthony has made in addressing his
once debilitating mental illness and rebuilding his life in service to others, including his son. See
18 U.S.C.

§ 3553(a). A sentence of probation would sharply restrict Anthony’s freedom, permit

continued treatment vital to his recovery that is simply not available in prison, provide him with
the ability to make amends through service, and would provide the Court with tools (and Anthony
with incentives) to ensure Anthony’s continued progress, specifically, in the form of the potential
revocation of probation.
As an initial matter, the proposed sentence would be significantly punitive despite the lack
of an incarceratory element. Probation and registration as a sex offender will impose substantial
penalties on Anthony for decades to come.D2 As the Supreme Court recognized in GaIl, 552 U.S.

52

While it is an open question in the Second Circuit whether a defendant found guilty of violating
18 U.S.C. § 1470 is required to register under the Sex Offender Registration and Notification Act,
34 U.S.C. § 20911, et seq. (“SORNA”), Anthony acknowledged in the Plea Agreement that he
would be required to do so. (Plea Agreement, Ex. 42 at 6; PSR ¶ 3.)
60

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at 48, while “custodial sentences are qualitatively more severe than probationary sentences of
equivalent terms,” “[o]ffenders on probation are nonetheless subject to several standard conditions
that substantially restrict their liberty.” The Supreme Court elaborated:
Probationers may not leave the judicial district, move, or change jobs without
notifying, and in some cases receiving permission from, their probation officer or
the court. They must report regularly to their probation officer, [and] permit
unannounced visits to their homes.
Most probationers are also subject to
individual “special conditions” imposed by the court.
.

.

.

Id. In a case of this nature, and as recommended here by the Probation Department, the “special
terms” of probation would likely include significant additional restrictions on Anthony’s liberty,
such as permitting the Probation Department to monitor all of his online activity; submitting to
searches by the Probation Department of himself, his home, his electronic devices and his business,
and agreeing to polygraph testing. Indeed a court can go further still where warranted, requiring
home confinement or other liberty-restricting measures. Moreover, as a registered sex offender,
Anthony will be punished for his crime for at least twenty years and potentially the rest of his life.
See 34 U.S.C.

§ 20913; N.Y. CoRREcT. LAW § 16$ (McKinney 2017); (see also ?SR ¶ 3). As

noted by Judge Weinstein, “[t]he heavy burdens of sex offender registration requirements are wellknown,” E.L, 18$ F. Supp. 3d at 173—74, and, combined with special conditions of probation and
New York ]aw governing registered sex offenders, will substantially curtail Anthony’s freedoms.
See, e.g., 34 U.S.C.

§ 20913; N.Y.

CoRREcT. LAW

§ 168; N.Y. PENAL LAw § 65.10(4-a).

Finally, in addition to these restrictions, Anthony would understand that any misstep could
result in incarceration. The Court’s ability to revoke Anthony’s probation would both serve as a
powerful incentive for Anthony to fully comply with the terms of his release and provide the Court
with a tool to more severely punish Anthony in the unlikely event that he failed to do so, a tool
that Anthony is well aware this Court has used in similar cases. See United States v. forbes, 1:09

61

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Cr. 745 (DLC) (S.D.N.Y. Feb. 7, 2011) (revoking a sentence of straight probation and imposing
60-month sentence in child pornography possession case following the defendant’s violation of
the terms of his release). The proposed sentence, in other words, gives the Court the flexibility to
sentence Anthony to prison should it truly prove necessary, without prematurely foreclosing a far
better suited form of punishment that does not involve incarceration.
The proposed sentence of probation also has a crucial advantage that a sentence of
imprisonment does not: it enables Anthony to continue what has indisputably been a productive
course of treatment, and one that Dr. Levinson, Dr. Must, Mr. Kelly, and the Probation Department
strongly recommend be continued. Dr. Must recommended specifically that Anthony “continue
to receive individual and group mental health treatment with his same therapist given the benefit
Mr. Weiner reports of [this regimen] both helping him manage his hypersexuality as well as
provid[ing] a broad support network” and moreover that Anthony would benefit from continued
treatment “in the community.” (Must Report at 29.) In particular, she writes:
Mr. Weiner’s risk factors outlined above can be managed in the community and
treated in an outpatient sex-offense-specialized treatment program. Outside of his
sexual compulsivity problem, Mr. Weiner is a highly functioning individual. He
has many strengths including his intelligence, his dedication to his parenting role
and son, his motivation to change, and his support group.
(Id.; see P. Kelly Letter, Ex. 43 at 3 (noting his “full agreement” with this conclusion).) Given the
benefits Anthony has derived from his “current regimen,” Dr. Must also recommended that, in
addition to an “outpatient sex-offense-specialized treatment program” above, Mr. Kelly
“participate on the treatment team and case conference with probation and treatment” in Anthony’s
ongoing recovery.53 (Must Report at 29.)

Mr. Kelly recommends a similar line of continued treatment, while noting that standard sex
offender group treatment presents “therapeutic obstacles,” given that it typically involves

62

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Sentencing Anthony to confinement in the Bureau of Prisons (“BOP”) would simply end
Anthony’s ability to get treatment: not just the treatment model Dr. Must and Mr. Kelly
recommend for his condition, but quite likely sex offender treatment of any kind. As set forth in
more detail in the attached memorandum from the National Center on Institutions and Alternatives
(“NCIA”), the Bureau of Prisons offers two programs for sex offenders: a residential treatment
program operating BOP facilities in Massachusetts and Illinois, and a less intensive, non
residential treatment program at BOP facilities in Arizona, Colorado, Florida, Illinois, Ohio,
Texas, and Virginia. Neither program is well-suited for Anthony. The residential program is
geared towards high-risk offenders, often with far more serious offense histories, and the non
residential program consists soleLy of group therapy sessions that take place only two to three times
per week, with no individual therapy, and no twelve-steps based component that both Dr. Must
and Mr. Kelly have found suits Anthony well. (See P. Kelly Letter, Ex. 43 at 3, 5 (noting that
“treatment programs within the prison system are woefully inadequate both in their availability
and, sadly, in there quality”); NCIA Report, Ex. 44 at 2 (noting that studies support that sex
offender treatment provided while an offender is on probation, as opposed to treatment provided
in prison, is more effective in reducing the rate of recidivism).) Moreover, none of the programs
are available near New York, requiring Anthony to sacrifice access to the son who has been so
instrumental in his recovery, as Dr. Must, Mr. Kelly, and countless others have observed.
Even if these BOP programs could substitute for the treatment recommended by the mental
health professionals who have worked with Anthony

—

and they could not

—

the fact is that

individuals “with significantly higher levels of offense behavior than Anthony committed,” and
that such treatment should therefore be seen as a supplement to existing treatment and not a
substitute. (P. Kelly Letter, Ex. 43 at 3.) Mr. Kelly also notes that he “would be very happy to
continue working with Anthony both in individual therapy and group therapy” and “as part of a
treatment team and in case conferences with Probation.” (Id. at 4.)

Ui

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Anthony has virtually no chance of participating in them. Anthony’s low risk of re-offense makes
him ineligible for BOP’s most intensive, residential treatment programming, which, per the BOP
itself is “reserved for inmates with more extensive sex offense histories.” (NCIA Report, Ex. 44
at 2.) The non-residential treatment programs are only available for inmates with a projected
release date of 21 or more months. Given that the BOP factors expected “good time” credit into
the projected release date, many of the sentences within the range the Government has identified
as “fair and appropriate” would result in a projected release that would render him ineligible per
se to participate. And even sentences at the high end of the range would likely preclude his
participation given the extensive and apparently growing waitlist (likely over 1,776, based on
available public data) for these programs. (NCIA Report, Ex. 44 at 2.) In short, the cost of
sentencing Anthony to BOP custody is clear: ending his current treatment regimen, which by all
accounts is both urgently needed and working, potentially resulting in the release of a defendant
more at risk for reoffending than would have been the case under an alternative sentence that would

enable treatment in the community. See E.L., 188 F. Supp. 3d at 156 (imposing probation in a
child pornography possession case where incarceration “would have an adverse impact on the
substantial progress that defendant has already made through his participation in individual and
group therapy”).
A sentence of incarceration would likewise deprive Anthony from contact with his son that
has been so vital to his recovery. As described in detail above, Anthony’s love for

and his

role in raising his child, has been a primary motivation for Anthony’s recovery. Separating
Anthony from

—

and

from Anthony

disrupting Anthony’s recovery and destabilizing
juncture. As Mr. Kelly writes to the Court:

64

—

could harm both father and son, by
family life at a key developmental

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 68 of 71

(P. Kelly Letter, Ex. 43 at 4—5.) While Anthony, and not the Court, would of course be responsible

for any such harm

—

a fact he struggles with in recovery

—

the risk of damage to

merits

consideration during sentencing. Indeed, as Ms. Abedin writes in her letter to the Court:

(H. Abedin Letter, Ex. 2); seeR. V, 157 F. Supp. 3d at 254—56, 267 (imposing non-incarceratory
sentence in child pornography possession case, in part, because the defendant was “a father to
three young children who would be severely adversely affected if he were incarcerated” and noting
it would “strip [the defendant] of the opportunity to heal through continued sustained treatment
and the support of his close family”).
A sentence without incarceration would likewise permit Anthony to be of service to others
and to make amends for his wrongs, something vital to his recovery programs and a societal good
more broadly.

Community service is a widely recognized and acceptable alternative to

incarceration. In 2007, the Office of Probation and Pretrial Services described community service
as “a flexible, personalized, and humane sanction, a way for the offender to repay or restore the
community.

It is practical, cost-effective, and fair-a ‘win-win’ proposition for everyone

involved.”54 Courts have recognized the validity of community service as an alternative sentence
as well. As Judge John Gleeson observed in imposing a sentence consisting of home detention

Office of Probation and Pretrial Services, Court & Community: An Information Series About
US. Probation & Pretrial Services: Community Service (2007), available at www.miep.uscourts.
gov/PDFFI I es/court cornmunityall.pdf.

65

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and 500 hours of community service, “[ajlternatives to incarceration exist that can carry both the
community and this Court’s condemnation of your conduct but channel it in a way that’s more
constructive.”
So too here. Over much of the last year, Anthony has focused principally on getting better
(and addressing this case), because without recovery, he cannot be of service to anyone. He has
also just secured a job, as he describes in his letter, humble work
but work that enables him to feel productive and start contributing
financially to his household. With these basic needs resolved, Anthony has turned again toward
how he can be of public service. Anthony will not, clearly, be of service in the political realm any
longer, but contours of a new chapter of public service are beginning to emerge as the fog of
sickness lifis.

Anthony has been a remarkable influence to others struggling with sexual

compulsivity, as testified to in the letters of others in recovery, serving as a positive role model
through his perseverance and helping others struggling, including a friend contemplating suicide.
(See, e.g.,
33;

Letter, Ex. 39;

H. Letter, Ex. 35

Letter, Ex. 30; Letter, Ex. 34;

Letter, Ex. 29;

Letter, Ex. 31;

Letter, Ex.

Letter, Ex. 2$.) Given his

high profile, he has a unique ability to shed light on these issues and encourage others to deal with
problems of the sort Anthony had long been avoiding, a role he has already played for
and

,

among others, who write of how seeing that Anthony Weiner could tackle these issues

gave them confidence that they could too. (

Letter, Ex. 33;

Letter, Ex. 28.)

Anthony’s ability to perform service is not limited to those struggling with sexual
compulsivity issues.

Anthony has also started counseling companies that need advice on

Herb Hoelter, Symposium on Alternatives to Incarceration, U.S. SENTENcING C0MM’N at 349
(Jul. 14, 2008) (quoting .Sentencing Transcript, United States v. Shamitzadeh, No. 04 Cr. 1094,
(E.D.N.Y. Apr. 1, 2008)).

66

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navigating governmental issues on a pro bono basis, something Anthony became expert at in his
years of constituent services. (PSR

¶ 82.) finally, Anthony has begun to work again on a non

profit, community restaurant he developed in 2014, inspired by his restaurateur brother, and
designed to give down-on-their-luck New Yorkers the skills needed for a culinary career. (See
Lisa Letter, Ex. 16; J. Davas Letter, Ex. 12.) The non-profit encountered initial obstacles when a
space that was to be donated to the facility fell through, but Anthony and his partners intend to
press forward. The ways Anthony can be of service again are myriad, and a sentence requiring
community service in a manner approved by his Probation Officer would provide the needed
flexibility to ensure that these energies are well-channeled as Anthony’s recovery continues.
In sum, a term of imprisonment would bring Anthony’s indisputably successful treatment
for the sickness underlying his crime to an immediate and complete halt, and separate Anthony
from the son who has motivated his recovery. Given the unusual circumstances of this offense
and the ability of a sentence without incarceration to impose just and meaningful punishment while
permitting continued treatment, a non-incarceratory sentence of the kind proposed above would
be “sufficient but not greater than necessary” to satisfy the goals of sentencing. See 18 U.S.C.

§ 3553(a).
CONCLUSION
Anthony appears before the Court guilty of a serious crime, his behavior inexcusable no
matter his sickness and no matter his victim’s motive to exploit that sickness for profit or politics.
Punishment must be imposed, but the sentence should suit the particulars of this unusual case and
should likewise reflect and encourage the remarkable progress Anthony has made over the past
year, when the Government’s investigation began.
A letter from fellow recoveree

provides particularly poignant insight into the man that

is now before the Court, a man leading a life that is both much smaller and much healthier than
67

 Case 1:17-cr-00307-DLC Document 24 Filed 09/13/17 Page 71 of 71

the life he led before.

writes of a conversation in which he gave “unsolicited advice to

Anthony about controlling his ‘story’,” prompting Anthony to interject: “There’s no more story.
There’s only

He’s my redemption. He’s all that matters now.” (

Letter, Ex. 40.)

Anthony had managed prior scandals from the detached vantage point of a political operator,
worried about the optics of how his life appeared, and not the destructive manner in which he was
actually living it. He is different now.
closes his short letter by relaying a still more recent conversation with Anthony that
speak volumes about what Anthony’s life has become, and his determination to be successful at
it:
[Alt lunch again on Saturday [Anthony] didn’t focus on himself; he asked me about my
job search, if I was making enough meetings, if I’d spoken with our struggling friend. As
for him, he eventually [] said it was more of the same: his life was going to meetings and
He shook his head and grew quiet for a moment, sadly reflecting, I
taking care of
thought, on how comparatively small his life had become. Then he said longingly: “If only
they’d let me keep doing it.”
Letter, Ex. 40.)
for the reasons set out in this submission, we respectfully request that this Court do just
that.

Dated:

September 13, 2017

By:_____________________
Arlo Devlin-Brown
Erin Monju
Covington & Burling LLP
620 Eighth Avenue
New York, NY 1001$
212-841-1046

Attorneys for Anthony Weiner

68

 Case Document 24-1 Filed 09/13/17 Page 1 of 21

Exhibit 1

Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 2 of 21

Anthony I). ‘Weiner

New York, N’

September 8,

Hon.

2017

Denise L. Cote

United States District Judge
Daniel Patrick Moynihan United States Court House
500 Pearl Street
New York, NY 10007

Dear Judge Cote:
At a
I attend,
contained
so called

one of my earliest meetings of the recovery fellowship
there was a reading called the 9th Step promises.
It
a puzzling passage.
The whole thing which is from the
the guiding text of Alcoholics Ar.onymous.
Big Book
—

It’s about the importance and benefits of making amends to
those we have harmed.
The beginning of it reads:
‘If we are painstaking about this phase of our
development, we will be amazed before we are half way
We are going to know a new freedom and a new
through.
We will not regret the past nor wish to
happiness.
shut the door on it.
We will comprehend the word
serenity and we will know peace.
No matter how far
down the scale we have gone, we will see how our
experience can benefit others”.
I could not read this optimistic passage without being
puzzled by the idea that I ‘wil1 not regret the past nor wish to
shut the door on it”.
I deeply regret the past and I frequently
wish I could close the door on it.
My regret for my crime is profound.
I have endangered the
wellbeing of a 15 year old girl who reached out to me on the
internet.
My continued acting out over years crushed the

 Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 3 of 21

I am so deeply
aspirations of my wife and ruined our marriage.
sorry for the harm I have done to her, and I live with the
And the one
sorrow that I will never be able to fix that.
will forever have to answer
my son
perfect thing in my life
failings of his father.
private
questions about the public and
My regret keeps me awake at night and fills me with fear from
There are daily, even hourly, reminders of
the moment I awaken.
my failings. I can’t imagine ever not feeling regret.
—

—

Now that I’m further along in recovery, I understand the
It
idea that hitting a bottom is necessary to bring us tc help.
After years of deploying every imaginable
was the case for me.
form of denial, I came to understand that I had an untreated and
even an unrecognized mental disorder that corrupted m judgement
I have a disease that tells me I have no disease.
profoundly.
I prefer to leave it to the psychologists to explain why
For years I was ir denial,
they think I did the things I did.
and even when I haif—heartedly sought help, and I got the wrong
Well—meaning professionals who stressed better decision
kind.
making unwittingly helped me deny I was dealing with addictive
I lost a career when my secret life became public.
behavior.
Finally, I went to rE-liab,
lost jobs when I couldn’t stop.
I finally
recognized clearly what this pattern really was.
I found a
found professionals who help me manage my sickness.
Now at this
community of people to support me in my recovery.
arU have a
behaviors
my
destructive
off
am
345
days
writing, I
daily practice to help me never return to them.
It took me a long, costly, painful time to climb out of the
But simply looking into the hole and t.rying to
hole I was in.
I have an addiction, but. I don’t
understand it is not enough.
excuse.
have an
I have so many amends to make but I am trying to begin my
In
second life by being of as much service as I can be.
addition to daily attendance in mutual support meetinqs, I am
also chairing a meeting weekly, mentoring others newer to the
program and sponsoring prisoners by mail who are trying to get
It 15 not enough,
well in the most difficult of circumstances.
but it is a start.
Although finding work is very difficult given the harsh
glare I am under, I was fortunate enourTh to be hired recently

•

 Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 4 of 21

I am working
to develop a non-profit I began in 2014 that will train troubled
young people and ex-offenders for hard to fill jobs in the
I got the idea from my brother whc would
culinary industry.
tell me how restaurateurs like himself would struggle to fill
kitchen jobs because so many applicants lacked the basic food
preparation and handling skills needed. I am still very good at
identifying challenges for my neighbors and going to work to
This was what drove me for decades in public life
solve them.
and I still am animated by that mission today.

and until I went away
to rehab I don’t think we spent more than three days in a row
My public fall and
away from one another in his entire life.
bursting
onto the scene.
as
was
career
came
just
end of my
he
Even as my demons took
Since then, he has been my salvation.
over part of my mind, the rest was focused so intensely on him.
The only honest and true part of me was my love for him and my
desire to make sure he was safe and loved completely.
I

I would tell myself, if I get this right then all the rest
If I loved him enough and gave him
of my mess can be forgiven.
an amazing childhood, then at least one person will love me
throughout.
So long as I was still doing things that
But I was wrong.
so were so completely at odds with my values and the values I
I was not
wanted for him, I was not being the father he needed.
teaching him perseverance and strength by getting up after each
embarrassing expose about me and continuing to be a good dad.
By not getting help, by continuing to dishonor his mother,
No.
by living in shame and secrets, I was not teaching him courage.
I regret it so much it makes me shake just to
Far from it.
write this.

 Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 5 of 21

I’m still
My recovery isn’t over.
I’m different now.
gaining new insights, new ideas, and I am blessed to lave the
guidance of Dr. Must, Paul Kelly and others in this process. But
I am getting better and the whole me is living an honest life.
at every turn.
I’m still there for I
now I don’t fear that day that he asks me about who is daddy
I’ll tell him I was a troubled guy who did a lot of
was.
I’ll him I was a guy
amazing things for people I barely knew.
I’ll
to did a very bad thing to a young person I never met.
and
trauma
tell him I put his amazing mother through years of
broke her heart.
But your Honor, with your grace, I hope I will be able to
I hope I will be there to show him with my
tell him some more.
actions that although I will carry the regret, I will also be
One that speaks with
He will see a more serene father.
better.
wisdom and openness about the challenge of facing mental
I hope I can show him that service can come in many
illness.
forms.
So this is what that

9th

step reading means I gue3s.

But No matter how far down
I am sorry.
I do have regrets.
the scale we have gone, we will see how our experience can
I see now that this whole terrible t1ing was
benefit others.
necessary to bring me to this place where I can look my son in
the eye soon and tell him that I accept the responsibility for
my actions and every day, one day at a time, I am working to
live a life of integrity.
I am also very aware that this passage is about the
importance of making amends, The 9th Step. I don’t know how I
will be able to make amends to the young person who I dragged
But my sobriety and a better lile for me
into my sordid mess.
can’t happen unless I find a way to do more than simp]y
By my actions, I caused her real harm and now I must
apologize.
1 am
figure out ways, through my actions, to address it.
I have no excuse for
I was selfish.
profoundly sorry to her.

what I did to her.
Your Honor, this is my life now. It’s the right size. Its
working at a job that doesn’t make headlines but lets me be a
It’s being
real financial partner to my wife in raising my son.
a support to people who are struggling worse than I ani and
It’s having a
accepting their help when I need a hand.

 Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 6 of 21

connection to a higher power that reminds me every da to be
My life isn’t big and icud
kinder and more considerate.
Every day I quietly do what I can to keep getting
anymore.
I have much more work
better, and to fix the damage I’ve done.
Please show me grace so that I may continue.
to do.
and in gratitude,

ANTHONY D. WEINER

 Case Document 24-1 Filed 09/13/17 Page 7 of 21

Exhibit 2

Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 8 of 21

August 25, 2017

I am writing regarding the sentencing of Anthony Weiner, my husband, from whom I
have filed for divorce.
Anthony and I have a wonderful son,
life. It is for
that I write this letter.

who is. years old and is the light of our

This is not a letter I ever imagined I would write, but, with Anthony, I have repeatedly
found myself in circumstances I never imagined. I am devastated by Anthony’s .ctions, and I
understand he must face their consequences.
However, as a mother, I have always done and will do anything I think wtll I
be as safe, happy, healthy, and complete as possibleJ
Whatever else Anthony has done, he by

I hope the Court will take
Anthony’s sentence.

Abedin

in consideration as it weighs all it has to in considering

 Case Document 24-1 Filed 09/13/17 Page 9 of 21

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Exhibit 4

Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 17 of 21

Jason Weiner
East Hampton, NY

I

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St
New York, NY 100074312
Dear judge Cote,
I am Anthony’s brother and believe I can provide some observations and
color about Anthony’s life that you may find useful. There was a fair bit of turmoil in
our family involving our older brother Seth that I believe left Anthony as the odd
man out with regard to attention and affection from my parents. He has never
seemed emotionally whole since and only in the past nine months or so, has he
started to do the brave and hard work to fix himself.
As kids, Anthony had an outsized role in my life. While the age difference was
not quite three years, Anthony always seemed much older. My parents were
working full time and dealing witl
so it was left to Anthony to look after me. This is, of
course, often the case with siblings but he took his role as the Older Brother more
seriously than most. I never seemed to be a bother or an annoyance to him. He was
central in my life and I was quite certain the opposite was also true.
He could also be overbearing. Taking the loco parentIs role a bit too seriously
for my taste. I remember him holding my hand while crossing the street way
beyond the age that I thought appropriate at the time. He was a straight arrow, a
problem solver, a caretaker, an adult. But he also encouraged me, played catch with
me. He was affirming and proud of me. All that stuff. He also demonstrated a desire
to shield me from what he considered a potential bad influence of our older brother.
Looking back, it almost felt more like a paternal relationship than a fraternal one.
Meanwhile, our late older brotHrS-

of lot nf tumult in our

 Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 18 of 21

All the while, Anthony was put in a position of needing to be the perfect kid
that wasn’t a problem for anyone. It seems that Anthony was largely left to fend for
himself. There seemed to be implicit message coming from my parents to Anthony:
“We’re busy with Seth. Do well in school. Never get in trouble. Overachieve. Take on
an auxiliary parent role with Jason. Grow up fast.” And he did.
At the time, and into his adult life, on the surface he seemed to relish this role
as the problem solver and caretaker and wear it well. He was elected to the City
Council and then Congress at a young age. He helped mediate our parent’s divorce.
If I were in a jam, big or small, he’d be the
that would :the first calli

But all the while, there seemed to be something missing emotionally: He
demonstrated an unseemly anger and impatience with my parents, He needed to
win every argument. He could be a bully. We have always had overlapping circles of
friends and his “intensity” was a running joke among us. We never thought much of
it. After all, with all his success, he had the world by the tail! He was busy fixing
everyone else’s problems but neither he nor anyone else was addressing his issues.
It was basically a continuation of the dynamic in our house growing up.
Through the first 3 or 4 different incarnations of the scandal that
incrementally ruined his life, before the events leading to recent charges, Anthony
remained remarkably unchanged. Yes, he was chastened and humbled. Yes, he
would apologize. But there didn’t ever seem to be a desire to change course in any
meaningful way. Each time he seemed to take a crisis management approach. A
desire to address the symptoms not the cause. It seemed the goal was manage
people’s reactions as opposed to actually fixing himself. And he certainly wouldn’t
entertain even for a moment that perhaps he had an addiction. He couldn’t stand
the idea that he wasn’t fully in control of his actions and decisions, even as evidence
to the contrary continued to mount. It’s a sad irony that he was willing to take on

 Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 19 of 21

but meanwhile was in acute
denial for so long of his own addiction.
This began to change when he went away for treatment in
last
September. He certainly didn’t buy in right away. But by the time he came home in
November, the way he spoke about his affliction was frank honest and painful. Gone
was the window dressing and excuses. In fact, many of the conclusions about
childhood life in our household and how it screwed him up came from
conversations with Anthony and his desire to get to the bottom of what ails him.
The language and deeds of recovery are now central to him. He is taking genuine
ownership of the harm he has caused to himself and the people around him. While it
was a hell of a way to get to where he is now, I’m glad he got here. While still a work
in progress, I believe in many important ways, he is in a far better place now than he
was at the peek of his outward success.
When my brother became a father, I was frankly worried about how that may
turn out. He has always been great with kids and a favorite of my daughter but
fatherhood requires some give obvious give and take that I wasn’t sure he was
capable of. As it turned out, Anthony is an amazing dad. Maybe the best I know. Yes,
he is
and attentive. But he is also an imaginative, creative and ener

‘ough all of Anthony’s
tribulations over the past five years he could perhaps be forgiven if he was a bit
distracted. This has never been the case with regard to
Aside from all the
fun stuff, he has often been the one mapping out the nuts and bolts of
everyday life. I’m talking about short-term stuff like playdate/grand
parent/babysitter scheduling, medium term stuff like getting
enrolled in
camps etc., and long term stuff like applying him to schools. This didn’t stop when
Anthony when went away for treatment last fall. Too a near comic degree, he was
quarterbacking
‘s daily schedule via the limited facetiming and emailing he
was allowed to do.
.

These days, Anthony’s life is largely built around his and other’s recovery. He
has a daily meetings and weekly therapy. He chairs his 12-step group once a week.
Lots of checking in with fellow addicts. There is less anger. Less type A personality.
He is present and despite everything, hopeful for the future. He is entrepreneurial
as ever and trying to figure out ways to make of the best of his many gifts.
SiiLerely Yours,

,

V

lvi
Jason Weiner

 Case Document 24-1 Filed 09/13/17 Page 20 of 21

Exhibit 5

Case 1:17-cr-00307-DLC Document 24-1 Filed 09/13/17 Page 21 of 21

MORTON J. WEINER
Attorney at Law
Brooklyn, New York.
Member of the Bar,
New York • New Jersey

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 Case Document 24-2 Filed 09/13/17 Page 1 of 14

Exhibit 6

Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 2 of 14

jQUEENSPICTURES

QUEENS PICTURES LLC

June 28, 2017
Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-13 12
Dear Hon. Judge Cote,
Please allow me to provide a letter of support on behalf of Anthony Weiner.
My name is Flavio Alves, and I am the founder of Queens Pictures, a New York based film
production company. After moving from Brazil to the United States in 1998, 1 attended
Columbia University in New York City, where I earned my undergraduate degree in Political
Science. Following my graduation, I worked as an intern for Congressman Anthony Weiner in
2004, and later, during the same year, for New York Senator Hillary Clinton.
Film has always been my passion. I left my political career to pursue my dream, and
enrolled in New York University film Studies in 2007. My short film, Even in Mv Dreams,
screened at various film festivals. It was also the winner of the Golden Palm Award at the 2009
Mexico International film festival, and the Golden Ace Award at the 2009 Las Vegas
International Film Festival. Additionally, my 2010 film, The Secret friend, received awards
from all around the world. Overall, I have produced more than 20 short and feature films in my
career, including Tom in America, staffing Academy Award nominee Burt Young and Sally
Kirkland, and more recently, my first feature film as a director, The Garden Left Behind, starring
Michael Madsen and Ed Asner.
During the Spring of 2004, I applied to an internship at Anthony Weiner’s office to fulfill
an academic requirement. Although I knew very little about him at the time, I was aware that he
was my representative in Congress, and that his office happened to be a few blocks from my
home. My application was accepted almost immediately, and I started working the following
week. Even though I was majoring in Political Science, and had a passion for American politics,
I didn’t yet have the necessary experience. However, my unflinching desire to learn, and my
strong work ethic proved to be valuable tools for this newfound position. I immediately took on
any task that I was assigned, and, as my responsibility grew, I welcomed even more challenges. I
recall that in less than a week, I was already personally revising and updating the congressman’s
official website, and traveling with the him to various events throughout the state. These
experiences allowed me to view him as the inspiring individual he was, as opposed to the
congressman the public knew.
Most of all, it was during that time that Mr. Weiner gained my respect, which is the main
reason why working with him impacted me on such a personal level. Anthony already new that I

 Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 3 of 14
was a gay man, and that I was in a long-term relationship with my partner. When he asked for
my opinion on why he should support gay marriage, I already was well aware that he stood for
gay rights and marriage equality. However, I was surprised that he had thought to ask me that
question personally. To be honest, I was thrilled to discuss a topic with him that affected my life
on such a meaningful level. He later told me that on that same night, he would be a guest on a
television show, and that he would be questioned on whether or not he would publicly support
marriage equality. Needless to say, when the question was asked, Anthony did not hesitate to
support same-sex couples, and their right to get married. His words meant the world to me, and I
was proud that I was able to share with him my personal experiences, so that he could truly
understand why his words affected me on so many levels.
In 2005, Anthony decided to run for Mayor of New York City, and invited me to work for
him at his campaign office. We initially started with a small group, but we continued to grow
every day. Though I worked in different capacities, my main role at the office was to act as a
liaison between the congressman and the LGBTQ community. Anthony’s record on LGBTQ
issues was not an easy sell, since most people were not familiar with his exploits. In response, I
decided to create a group named Outfor Anthony. We even created a website
(tv’vv.outforanthony.com), and made shirts, buttons, hats, mugs, etc. It was unparalleled by all
candidates. The campaign became very popular, and we received tons of press from various
news outlets, and praise from the LG3TQ community. During the 2005 campaign for mayor,
Anthony received an endorsement from various LGBTQ organizations, including the Lambda
Independent Democrats (LID). Today, many years later, I look back and see how far the
community moved forward, and I give him lots of credit for contributing to the change. I will
never forgot those who helped pave the road I freely walk upon today.
I hope this letter provided insight into what it was like to work for Mr. Weiner and his team
at his district office in Key Gardens, NY. I can certainly say that the opportunity Anthony gave
me as intern, in addition to everything I learned from him and his team while working at his
office, had a tremendous impact on my career as a filmmaker. Therefore, without hesitation, I
give Mr. Weiner my highest recommendation.
Sincerely yours,

Flavio Alves
Director at Queens Pictures LLC

 Case Document 24-2 Filed 09/13/17 Page 4 of 14

Exhibit 7

Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 5 of 14

IL..

_.._OflX,1i

2$July2Ol7

Hon. Denise L Cole
United States District Court
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, NY 10007-1312
Dear Judge Cole:
I am writing this letter in regard to Mr. Anthony Weiner, whom I have known for
approximately at 12 years. We had originally met in our capacities as government
officials/public servants attending various public events.
In my own career, I have always tried to engage on a personal level with
colleagues in government and I found that Anthony had that personable side as
well, despite our politics and allegiances being very different. I have always found
that those in the political world that can exhibit that kind of relaxed trait have a
genuine and rare sense of caring, and wanting to connect with people in order to
hear them out. It’s what made Anthony exceptional in the constituent services
aspect of his public career.
I further had the occasion to have both Anthony and his dad visit my office when I
was Commissioner of the City’s Department of Records to sit and chat about some
family documentation that I, being an avid genealogist, had researched. We had at
earlier meet-ups spoken about genealogy and family history and Anthony became
very interested in what I might be able to uncover. His reactions to the fmdings
further illustrated his care and love for his family and his interactions with his dad
showed me again a dutiful and abiding respect. I also remember how overjoyed he
was at becoming a dad himself.
These qualities are admirable ones. I believe they are the overriding qualities that
need to considered when we come up a little short in our lives and how we can

 Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 6 of 14

sometimes behave. I also believe that they are the qualities that wilt see Anthony
through his difficulties and help repair the disruptions in his life.
Thank you for taking these observations into account.

Sincerely yours,

Brian G.

 Case Document 24-2 Filed 09/13/17 Page 7 of 14

Exhibit 8

Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 8 of 14

JUDITH L. BARON

August 11, 2017
Honorable Denise I. Cote
United States District Judge
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, N. Y. 10007-1312
Dear Judge Cote,
I write this letter to you in order to give you my perspective as it relates to Anthony
Weiner. In doing so, I believe you should know about me and why I chose to write
this letter,
To be completely transparent, Mort Weiner, Anthony’s father, graduated from NYU
Law School with my husband and so there is a personal connection my husband has
with Mort Weiner that I must disclose. We do, on occasion, socialize with Mort and
his wife. However, the friendship did not include family and I did not know Anthony
before he began his political career.

I am, currently, and have been for over 21 years, a Commissioner representing New
York State on the Interstate Environmental Commission—a tn State agency
chartered by Congress in 1936. The Commission serves the States of New York,
New Jersey and Connecticut and we are involved in the many environmental
matters that are necessary in keeping the waterways of all three States in our
jurisdiction at the most optimal conditions possible. I have had the privilege of
being elected by my colleagues as Chairperson of the Commission two times and
have served and continue to serve, as Vice Chair from the State of New York.
I am also President of the Manhattan Beach Community Group, a civic/homeowners
association representing twelve hundred homeowners in Manhattan Beach,
Brooklyn, New York.
This brings me to my comments about Anthony Weiner and why I believe you
should hear from people like me who know the “other” Anthony Weiner.
I have known Anthony Weiner from his early days in the political field when he
represented Congressman Chuck Schumer. Anthony came to civic association
meetings where he was affable and conscientious and we called him the “young” hut
much slimmer clone of Chuck Schumer! When there was a re-districting in our
community leaving an open seat for the New York City Council, we began to see

 Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 9 of 14
Chuck’s protégé at subways, on our streets, ringing our doorbells and telling
everyone how much he wanted to serve our community! And so, without a great
deal of the usual political support, Anthony Weiner became our Councilman.
Again, that affable, conscientious person came to meetings. As Councilman, he never
shied away from a tough problem. I remember one time, when I represented a
group of citizens, he flat out told me that he was going to vote against my wishes but
for what he believed was for the greater good. Although I did not like what I heard, I
was still surprised, a few days after the vote, when he called me asking what else he
could do where we both agreed! He “cured” the divisiveness on my side of the issue
with tact and understanding.
As our Councilman and then as our Congressman, Anthony Weiner was a model of
what all elected representatives should be. He was approachable..in fact he wanted
to know everything that was going on! He was caring and paid attention to
problems. He didn’t come to meetings with a “pedestal” as many elected
representatives do. He really wanted to know how he could help...and he did help
when there was an issue he was able to address. What was amazing, was that when
a civic association had a meeting on a Wednesday evening and when it was
customary for Congress to finish their work “week” on Wednesday...Anthony made
it his business to get on an early flight and attend those meetings. I might add, here,
that not one Congressperson before or since has managed to attend our civic
meetings by leaving Washington early in order to be there for their constituents!
I want to share one story about Anthony Weiner that really illustrates the care he
took in helping underprivileged New Yorkers. I am a member of the Knickerbocker
field Club, a 130 year old outdoor membership owned tennis facility located in the
Flatbush neighborhood of Brooklyn. It was, in its beginning, a “whites only, AngloSaxon Protestant only” club serving the gentrifled Brooklyn neighborhoods of
Prospect Park South and Ditmas Park. When Anthony was a Councilman, he heard
about our efforts to provide children, from the now quite diverse neighborhood,
access to tennis through free summer programs. Anthony was incredibly enthused,
offered to come to the program, where he talked to the young students about
citizenship, playing the game, being part of a positive “group.” Not only did he
encourage them to do well in school, but he also played tennis with the campers!
The tennis club wasn’t in his Council district, but he didn’t care. He was thrilled to
help with our efforts with the program, and he came back often giving inspirational
talks to the campers and sharing his love of sports.
If there is to be a “legacy” for the Anthony Weiner many of us, including myself,
know, it has to include those accomplishments he made for his constituents; the
compassion he had for his job and for his community; that funny person who was
able to help and to do so much good for so many people..that Anthony does have a
wonderful “legacy.”

Thank you for the opportunity to write about the “other” Anthony Weiner.
Sincerely,

 Case Document 24-2 Filed 09/13/17 Page 10 of 14

Exhibit 9

Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 11 of 14

August 9. 2017
Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Court House
500 Pearl St.
New York, NY 10007-1312
Dear Judge Cote,
By way of introduction and background for my following statement in support of
Anthony Weiner I respectfully submit the following for your consideration:
I have practiced law in the State on New York for the past 57 years. I am currently an
owner of a New York corporation, its Chief Operating Officer and General Counsel. I
act as an attorney. on a pro bono basis, for the Manhattan 3each Community Group a 76
year old homeowners association located in southern Brooklyn. for 14 years I served as
the President of the Knickerbocker Field Club located in the F latbush section of
Brooklyn. The club is a not for profit membership owned and operated private tennis
facility in existence for 130 years.
I am proud to state that I remain a close friend of Morton Weiner, Esq., father of

Anthony, since our law school days.

Anthony had a younger brother who was hit by an automobile and killed while crossing a
street in Alexandria. Va. My wife and I paid a condolence call at the home of Morton
Weiner. In attendance was Anthony. Anthony’s father told me that President Clinton
called him and asked whether he would give permission for Anthony to travel to
Washington, DC to cast a vote for legislation the President felt was vital and for the best
interest of the United States. Morton gave his permission. The next day Anthony took
the first flight out to Washington. DC. He cast his ballot and returned to Brooklyn in the
early afternoon where he continued to grieve with his family after this horrible loss.
The peoples business came first. The grieving would wait its turn.
There was a time when Anthony. while a member of Congress, and I were in the same
mid-town Manhattan restaurant enjoying lunch at separate tables, On my way out of the
restaurant Anthony asked me what was happening in Manhattan Beach. I said there were
too many issues to discuss right now. Anthony said he would call and we could discuss
these issues in detail at a later time. In fact Anthony did call and on a Sunday morning
Anthony and his assistant spent two hours in my home with myself and wife Judith
(President of the Manhattan Beach Community Group). We discussed community
matters. Anthony was direct and fair. He told us there were things he could help us with
and others where he could not. Looking back at that meeting I could state that Anthony

 Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 12 of 14

kept his word and was most helpful to us and our community. In areas that were most
important to our quality of life issues Anthony was there for us and his constituents.
There were occasions when Anthony sought my business advise as it concerned
legislation relating to the importation of product from Asia. Anthony wanted to know
from a businessman’s perspective how the proposed legislation would impact my
industry. I shared my thoughts with him.
I have known Anthony for most of his adult life and was always happy to support him. I
have no regrets. Given a choice of who I would want to champion my cause whether that
be as a City Council member or as a member of Congress, the answer would always be
“Anthony”.
I hank

adce for

f’vlartin Bkrè’

ur understanding and consideration

 Case Document 24-2 Filed 09/13/17 Page 13 of 14

Exhibit 10

Case 1:17-cr-00307-DLC Document 24-2 Filed 09/13/17 Page 14 of 14

July 14, 2017
Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan United States Courthouse
500 Pearl St.
New York, NY 10007-13 12
Dear Judge Cote:
While I have neither direct knowledge of the personal actions for which Mr. Anthony Weiner is being
sentenced nor do I condone such actions, I am writing to provide background about the overwhelmingly
positive role he has played in the public sphere through his career in public service.
As the head of a nonprofit organization that serves the most low-income and vulnerable New Yorkers, I
can personally attest that Mr. Weiner has long been a champion for those with the least economic and
political power. Specifically Mr. Weiner, repeatedly:
•

Stood up with low-income New Yorkers and nonprofit organizations to publically call for
improved public policies to fight poverty, hunger, and homelessness. He also fought for such
policies behind the scenes, standing up to leaders of his own party to push them to ensure that
health care programs would cover more moderate income Americans and to get them to more
forcefully oppose cuts in federal nutrition assistance benefits.

•

-Met personally with low-income New Yorkers and anti-poverty organizations, doing so far
more frequently than did most elected officials.

•

Proposed detailed and thoughtftil plans to reduce poverty, hunger, and homelessness and to build
the capacities of nonprofit organizations that addressed those issues. for example, he released a
21 page “Keys to the City” that booklet that proposed bold, new ideas to attack these problems.

•

fought to propose and advance legislation and budget deals to aid the lowest-income New
Yorkers and Americans.

He worked tirelessly on nights and weekends to perform public service. All told, he has been a stalwart
fighter for people in need. To the extent it is appropriate to do so in the sentencing process, I hope the
court considers this information. Thank you.

 Case Document 24-3 Filed 09/13/17 Page 1 of 17

Exhibit 11

Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 2 of 17

21 August 2017
Dear]udge Cote:
My name is
I am an attorney and member of this bar.
I interned in a congressional district office run by Anthony Weiner
in the district of which I was a
constituent. In 1991, census redistricting had opened a City Counc
il seat within the congressional
district and Anthony decided to run in a crowded field of many
better known and better financed
candidates. Although I knew nothing about campaigning, I had
an interest in my community and
Anthony invited me to participate on his campaign. Anthony likes
meeting and engaging people and the
chores of campaigning, burdensome to others, were not to him.
While his opponents stood on Street
corners and at subway entrances behind their signs or minion
s, Anthony would personally greet each
passerby with a handshake. In the evenings we would walk a differe
nt block of the district as Anthony
knocked on every door of every house and apartment buildin
g. If there were homes he missed, he
would note the addresses down to make sure he would teach
them another night. Anthony was often
the only politician many of these residents had ever met and he
had a willingness to engage them in
conversation. With pen and pad always at the ready, Antho
ny would write down their concerns and
complaints. Despite lacking the resources and name recognition
of his opponents, and not having the
endorsement of the local Democratic party, Anthony won that
election. In fact, Anthony would go on to
get re-elected in the district by the largest percentages and highes
t absolute vote tallies of any City
Councilmember. Anthony was ubiquitous in the district with
his pad and pen and relentless in his
advocacy on behalf of his constituents.
I joined Anthony’s City Council
office as a full-time employee. Anthony’s office helped hundre
ds and thousands of his constituents (and
even non-constituents). Anthony did not ask if you were a voter,
a contributor, a Democrat or
Republican. If you lived or worked in the district or simply contac
ted his office for help, Anthony would
do his best for you. He knew that if someone contacted him it
was because they were desperate, had
reached an impasse with a governmental agency, and thought
only Anthony could help. Anthony’s
office number was the de facto 311 before there was 311.
Whether a constituent sought removal of a fallen tree, challen
ge of an incorrect water bill, fixing of a
pothole, installation of a traffic light, pick-up of uncollected garbag
e, or funding for a local park, afterschool program, senior center or tenant association, to the
constituent it was the most important issue
he or she faced and Anthony made sure his staff treated it as such.
Each problem was given an
expiration date and if it was not responded to during that time
span, Anthony would personally contact
the relevant governmental agency head to ensure it was addressed.
The Anthony Weiner I know was a tireless advocate for the elderly
, for the working class, for the schools
and religious institutions and local merchants in his district. I
often wondered how he could find time to
attend nearly every event to which he was invited. Pick up any newsp
aper from Anthony’s term as City
Councilmem bet and there is a great likelihood that you will find a
story involving Anthony battling the
Mayor on behalf of his constituents. Anthony was such a fierce public
advocate for removing lead paint

 Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 3 of 17

from public housing stairwells, at whatever cost, that the Mayor refused to speak to Anthony for 30 days
to show his annoyance. It was Anthony who successfully developed and funded a program to have at
risk youth clean-up graffiti in the community. It was Anthony who fearlessly stood up to police brass
when resources were diverted out of the community. It was Anthony who
I remember vividly the many senior citizens who would come to the office, first to seek assistance
with
entitlements or help with inattentive landlords, and then return days later with gifts of baked goods to
show their appreciation.
If a constituent spotted Anthony on the street, in a restaurant or online at the grocery, whether early in
the morning, late at night, weekday or weekend, they would approach him as one would an
acquaintance and unabashedly offer a complaint or a comment. In 1994,
when
Anthony came on a visit with a delegation of New York elected officials. I met Anthony and the
delegation in Jerusalem but it was only Anthony that everyone recognized. We walked but a short
distance before constituents began approaching him with their comments or concerns.
—

--

When the larger Congressional district became vacant, Anthony successfully won election over two
state
representatives and rival Councilmember. I have no doubt that Anthony won the election because
of his
superior constituent service and well-deserved reputation for advocacy on behalf of his council
district.
I realize Your Honor will have many factors to consider in making an appropriate sentencing decision.
I
feel very strongly that the Anthony Weiner I know and experienced has not been portrayed in the
press
and I hope I have here been able to accurately present that portrayal for Your Honor’s consideration.

 Case Document 24-3 Filed 09/13/17 Page 4 of 17

Exhibit 12

Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 5 of 17

hatch
July 19, 2017
Hon. Denise L Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Dear Judge Cote,
I am writing this letter on behalf of Anthony Weiner, whom
I have known since early 2014. I met Anthony when he
contacted me regarding a project that he had conceived and
was working on to serve high riskyoung adults in Rocka
way,
Queens, NY, a community that had been part of his district when
he served as a U.S. Congressman and of course highly
impacted by Sup erstorm Sandy.
—

Anthony did in fact engage my services through my consultancy
Hatch, LLC and we worked together on the project
for a
period of about 234 years. I believe that Anthony truly missed
his vocation to serve others and the project was a way
to fill
that void. We worked very well together professionally and it wasn’t
long before a friendship formed between us as well
a friendship that continues to this day.

—

As both a friend and a colleague, I have always found Anthony
to be engaging, smart, funny and kind. It was always
interesting to be out with him in public, in particular in his former
district and to watch the reaction of his former
constituents when they recognized him. It was obvious that they
cared for him but without fail, they asked and
sometimes begged that he return to Congress so that he could
help them as he had done so ably as their represe
ntative.
In turn, he was always kind and patient and would hear each
individual out and offer advice and suggestions.
-

-

—

On a more personal level, I have often been the recipient of Antho
ny’s kindness and generosity he is always ready
to help
with any request I ask of him ranging from input on ideas
and projects around my professional consultancy to
assisting
my daughter in her career goals. And he never allows me to start
a conversation without giving him the opportunfty to
ask
about my elderly mother, my daughter—or just howl am doing.
—

—

Anthony has dedicated his life to serving others through public
service as a councilman and a congressman and as
a
colleague, a friend and a father. In our recent conversations,
Anthony has readily accepted respon5ibility for his actions
and
says that he feels “healthy” for the first time in many years
decades perhaps. He attributes this to his ongoing recove
ry
and the support system that he has around him. For those of
us who care about Anthony, this is the kind of news we
can
enjoy hearing about him.
—

—

—

I will continue to support Anthony in his recovery knowing that
we will remain lifelong friends.
Sincerely,

Ja

t Gorence Davas
HATCH, LLC I
NEW ORLEANS LA
I
HATCHNOLA.COM

 Case Document 24-3 Filed 09/13/17 Page 6 of 17

Exhibit 13

Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 7 of 17

August 15, 2017
Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Re: Anthony Weiner
Dear Judge Cote,
I am former New York State Senator Tom Duane (1 99-2012) and I am writing
on behalf of my friend, former
U.S. Representative Anthony Weiner.
I met Anthony in 1991 when we were both running for the New York City Council
and he and I became ffiends
after we were both elected and started to serve together on the New York City Council.
Prior to Anthony’s election to Congress, which was before my election to the State Senate,
we were more than
colleagues. While Anthony was not my best friend In politics or govemment or outside
public service, I
considered him to be a friend, and someone who was honest, trustworthy, and dedicated
to helping people who
lived and worked in his district as well as throughout New York City. Anthony was
also ambitious. I believed
that Anthony was going to win the Democratic Primary for his Congressional seat, even
though he was not
favored to win by many political pundits and then win in the General Election. was
also confident that Anthony
I
would win because he was very hard-working, smart and his affection for people
in that district as well as his
affection for New York City was evident.
The above paragraph describes why I came to know Anthony. However, my affection
for Anthony is not based
solely on our serving in government at the same time or because of our political
involvement. In fact, I did not
support Anthony in his campaigns for Mayor not because I didn’t think he was qualified,
he certainly was
but because important personal and professional circumstances led me to support
other qualified candidates
for that office and are not relevant for the purpose of my letter.
—

—

My friendship with and affection for Anthony is based on our shared experience,
personal interaction and now a
deep empathy for him. I don’t know his family very well, but I know these are
emotionally difficult times for
them.
Many details of Anthony’s actions, while perhaps not considered illegal or offensive
behavior, are nonetheless
harmful to other individuals, society and Anthony. Some of what has been reported about
Anthony’s actions
are certainly accurate, but some of the coverage feels less accurate and mote salacious.
I write that not
because of my judgment of the reporting, but because I do not think it accurately
describes how I know
Anthony to be, how he lives his life and seeks to live his life.
I am also not trying to minimize Anthony’s crime. What he did was wrong and his actions
were particularly and
insidiously harmful. And while Anthony is taking responsibility for his actions, there
must still be consequences.

 Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 8 of 17

I was personally disappointed with Anthony because early on when it was
publically revealed that he had
engaged in inappropriate behavior, I reached out to Anthony and offered help.
He refused my assistance and
that was not only time I reached out but I belteve that Anthony was in denial
about the gravity oftis activities
and the progressive, destructive nature of his behavior,
—

I know that Anthony Is now truly serious about getting the mental and behavi
oral health care he needs to get
better and most importantly, be a better person who does not engage in offend
er behavior. I also know that he
Is committed to participating in support groups that both help him and where
he is already helping others. I
have personally observed and been a witness to Anthony’s embrace of the
tools of recovery from his
addiction/disease. In personal conversation with me, he has expressed remors
e for his actions with sincerity
and authenticity. He has been clear with me about taking responsibility
for the pain and damage he has caused
to those to whom he has directly and specifically caused pain and harm.
Anthony understands the damage he
has caused is not limited by time. He knows and accepts with with sadnes
s and remorse that his actions will
continue to impact victims and that he has created ongoing challenges for his
innocent victims. Anthony also
knows that this is also true for his family and close friends, and this Is expone
ntially painful because of his very
public profile and the public profile of those ctose to him and around him.
-.
I also have lived and to a certain E
to live In
the pi
eye. I know and understand the
a between non-offending sex addiction, which Is harmful to
everyone around the addict and offending sexual activity, which while related
to sex addiction, Is dangerous,
harmful and is dealt with within the criminal justice system. I also know that
there are no outcome guarantees
in regard to addiction and in this case, sexual addiction and offender behavi
or. However, I believe that Anthony
has a very good chance of continuing to recover and avoid inappropriate activity
or perpetration or offender
behavior. Anthony presents to me in our personal Interaction, as well
as in a group environment, the desire
and strength to remain in recovery and to not do anything that would bring
him back into the criminal justice
system.

I believe that Anthony is a good person, who has done many good things and
that he Is someone who desires
to be and will be rehabilitated and has great potential to perform good and
important work for society. I have
faith that Anthony will remain serious about working to repair the damage
he has done to victims of his actions
and work to repair the harm to his family, friends, supporters and himsel
f.
I understand that incarceration of up to two years, maybe more or less, may be
considered warranted in this
case. However, I respectfully disagree. While I do believe that there should
be consequences, incarceration
would favor punishment over rehabilitation. Publicalty, because I believe
this personally, I have always
advocated for rehabilitation and redemption over purely punitive measures.
I believe that Anthony and most
importantly society would be greatly served by further In-patient specialized mental
health treatment in a facility
that has expertise in sex addiction and offender sexual behavior. In-pati
ent treatment should or must be
followed by mandatory outpatient treatment and close supervision within the
criminal justice system and
outside a correctional facility.
Anthony is a former elected official and I completely understand that we are
appropriately held to a high
standard of behavior. However, I am sincere when I write that I would write and
have Written very similar letters
on behalf of a small number of people some with and most without Anthon
y’s public profile who have plead
guilty to criminal sexual as well as In some cases non-sexual offences. The
consequences of Anthony’s
pattern of behavior, including the activity that has brought him before this Court,
is widely known and this is in
and of itself punishing. I respectfully suggest that Anthony and significantly society
might be served in a
positive way by the public scrutiny of Anthony’s rehabilitation outside Incarce
ration.
—

—

 Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 9 of 17

Because Anthony is at his core an honest, trustworthy person
who can be of service to people and society, I am
requesting for your consideration a mote lenient sentence than the
Court may consider appropriate for Anthony.
Under any sentence for Anthony, I would respectfully request that
Anthony be given the greatest possible
access to appropriate mental, behavioral health and spiritual service
s and support groups. I am respectfully
asking you to trust and believe as do I that while Anthony pays his
debt to society and after, he can again
become morally and in every way the better person I first came
to know.
Thank you for your consideration of my thoughts and beliefs
regarding Anthony Weiner. It Is my desire and
Intent to follow and share with Anthony his journey to rehabilitation
, family and personal repair, and service.
Sincerely,
7jjn4A-’/

K. Duane

1? i

 Case Document 24-3 Filed 09/13/17 Page 10 of 17

Exhibit 14

 

 

 

Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 11 of 17

FEALGOOD FOUNDATION

August 15, 2017
The Honorable Denise L. Cote
Executive Board
John Feul
President

I pray this letter finds you in good spirits, and I pray my letter
offers some insight to the man
I know who made a horrendous mistake and is at your mercy.
My name is John feal, I am a
9/11 Responder and Advocate. feel free to visit any of the links provid
ed below to get a
better sense of who 1 am. In short though I was horribly injured
at Ground Zero, started a
foundation and helped pass 4 Bills in Congress. I am also an
US Army Veteran (1OC
Airborne) and 1 am a kidney donor to a complete stranger.
So I do not take writing you on
behalf of Anthony Weiner lightly.
1 am writing you today because Anthony is a friend. A friend
who again used poor
judgement and allowed his decision making to basically ruin
his promising career, his
personal life & his family. Sadly I watched Anthony implode
on every level and it pained me
to see someone with his brilliance waste it all away. But your
honor what kind of friend
would I be if I did not help him in his time of need just as he
helped me and the community
of 9/1 1 Responders in the time of our need? More importantly
what kind of man would I be
if I did not even reach out to you and ask you for mercy? I am
neither gullible nor naive to
think that Anthony’s actions do not deserve reprimanding. But
my lord this man has been
through the ringer, and he fights every day to better himself
and atone for his mistakes.
I met Anthony in 2007 when he was a Congressman, and after
already a few years in DC
under my belt, Anthony was one of a few that I not only trusted
but liked. (Google me I don’t
like many). Your Honor I do not know how many others wrote
letters on behalf of Anthony.
Nor do 1 care. Because Anthony Weiner is a dear friend and
I will never forget the mileage,
the energy, the dedication he put in to helping 9/Il Heroes.
Anthony fought for us publicly,
never backing down, and making sure we were not forgotten.
But there is so much more he
did behind the scenes to make sure that the 9/11 Heroes got the
medical care they needed.
But more importantly your Honor, Anthony showed so much
kindness and care to me and
others in the community as we struggled with sickness and
personal challenges. He cared
about helping us so deeply. You can’t fake that.
If I never met Anthony Weiner your Honor my life would
be incomplete and all the
accolades I have received over the last decade plus would have
meant nothing. Because it
was Anthony who took me under his wing and shaped a future
leader who one day will run
for Congress and emulate the courage and leadership of my dear
friend Anthony Weiner!

‘Any Nation that does not honor its heroes will not long
endure’
Abraham Lincoln

 Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 12 of 17

FEALGOOD FOUNDATION

John Feal

NYS Recipient of the Congressional Medal of Honor for Civilians Above
& Beyond

 Case Document 24-3 Filed 09/13/17 Page 13 of 17

Exhibit 15

 

Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 14 of 17

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-13 12
July 21, 2017
Your Honor,
I am writing to share my experience of knowing Anthony Weiner for over
20 years.
I first met Anthony in 1996, when I was a
thinking of a career in
politics. My political science professor recommended I attend a community
board meeting,
where I would be likely to run into an elected official.
At the time, I knew little about politics and less about community boards
. But I had a plan and
that plan was simple. I was going to find an elected official, introduce
myself, and persuade him
to take on an intern with zero marketable skills.
I first tried my state senator. Then my assemblyman. Neither appeared very
interested in
speaking with me. But my councilman, Anthony Weiner, was differe
nt. He was happy to speak
and asked for my opinions on issues I barely understood. He didn’t know
me but he took me
seriously. When I asked if his office could use any help, he offered to
put me in touch with his
chief of staff.
I didn’t know it at the time but that brief exchange changed the course
of my life, It marked the
start of a seven-year working relationship.
As an intern, I was first assigned general tasks like filing and organizing press
clips, and
throughout that time, Anthony routinely thanked me for my help, and
treated me like a member
of the team. His door was always open and he would often invite me
in for discussions about
local and national politics.
On most nights, Anthony would drive around his district, visiting variou
s community meetings.
Knowing by then that I was interested in a political career, Anthony
invited me to tag along, so I
could learn what the job of a councilman entailed.
It was a great thrill for me at the time, and I think he could see that, becaus
e he said I was
welcome back anytime. I took him up on the offer and spent many evenin
gs and weekends
accompanying him and studying his interactions with constituents.
Over those early years, Anthony served as an impromptu instructor,
providing me with an
invaluable education on public service.
There was no incentive for him to do so he was not getting paid;
there was no media attention
to be gained. My parents were not big donors.
—

 Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 15 of 17

He did it because he genuinely wanted to help.
Soon after I began shadowing Anthony at meetings, an openin
g became available in his office
and I was hired as
In that role, my job was to help Anthony reach out to
various city agencies on behalf of his constituents.
.

There were no shortage of requests (it was rare when the
office wasn’t inundated with calls),
but Anthony considered it a point of pride to stand up for his
constituents, no matter how
frivolous the issue.
I have seen that theme of protecting the underdog
throughout Anthony’s career.
—

—

repeated over and over again,

I saw it in the way he fought to defend newsstand owners when
Mayor Giuliani threatened to
make their licensing fees impossible to afford, and when he
stood up for First Responders in
Congress, and when he ran for mayor on the platform of
helping the middle class and those
struggling to make it.
Offering support to those most vulnerable is central to
his character.
In 1998, when Anthony ran for Congress, I worked on his
congressional campaign.
Never in my life have I seen anyone work harder. Anthony
spent countless hours sweating in a
suit, walking up and down apartment complexes, introducing
himself to people who’d never
heard of him. When he wasn’t knocking on doors, he was
in a windowless office, making
fundraising calls to people who wished he’d lose their numbe
r.
When people think of elected office, they think of cheerin
g crowds and extravagant ballrooms.
Those moments exist but they ate rare. To be successful
in politics you have to be willing to
endure social isolation and rejection, while maintaining hercule
an discipline.
Anthony did that better than any elected official I ever
worked for.
Shortly after Anthony was elected in 1998,
years that I came to see a side of him that few people
are privy to.

,

and it was during those

Many people think of Anthony as a fighter one who loves
debate and thrives on standing up
for what he believes. And that perception is not without merit.
But there is a kindness that most
people are not aware of.
—

In the early 2000s, when Anthony’s congressional office was
based in Sheepshead Bay, a
homeless man began hanging around the street outside our
office. The optics were not great. A
few staff members suggested calling the local police precinc
t and asking that he be moved.
Anthony caught wind of the plot and quickly quashed it.
His life is already difficult, he said. Let’s
not make it any harder.
Around the same time, we had an office caseworker in
her 80s named
was good
at her job but had fallen ill, and had not been to work for
weeks. We needed her salary to pay

 Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 16 of 17

for a new staff member, but Anthony refused to Let her go. He was
worried about complicating
her condition. He would regularly call
to check in on her, on his rides back from
Washington.
I also saw Anthony’s generosity reflected in his relationship to animal
s.
Shortly before his run for Congress, Anthony’s then girlfriend moved
In with her cats. One night
while she was out of town, one of the cats fell off the roof of Antho
ny’s building and managed to
survive. Anthony called me early the following morning. He had been
at an emergency
veterinary service all night and had not slept. I have never seen him
so shaken. Clearly, what had
happened was not his fault but he still blamed himself for not watchi
ng the cat more closely.
In the following weeks, Anthony nursed the cat to health. In fact, he
grew so close to his
girlfriend’s cat that after he and his girlfriend ended their relationship,
they agreed that he
would get to keep it. That one-eyed cat was still alive the last time
I visited Anthony, almost 15
years later.

expect.. ....n to be disappointed and n...,...a a i.....a angry. l.._....,
.2 was supportive
and even loaned me his SUV so that I could move all my things to
upstate New York without
having to use a rental.
Anthony and I have continued to stay in touch after I left his office, We
began communicating
more frequently after his resignation from Congress.
In the months after the scandal, it did not appear to me that he had
changed very much. He had
lost his position, of course, but his attitude and temperament were
essentially the same.
I did not get the sense that he accepted fault for his actions at that
time.
That is no longer the case today.
I can say with absolute certainty that he has changed significantly over
the past 9 months. The
Anthony I know today is a different person one who accepts
responsibility and takes
ownership for his choices, past and present.
—

In my view, part of what made Anthony successful In his career
is his inclination to avoid selfreflection and focus intently on next steps. That tendency can be
beneficial in some contexts
and counterproductive in others.
I no longer see that tendency in Anthony. He is more introspective and
patient and self-aware
than I ever thought he could become. There is a sensitivity to the
way his actions affect others
that wasn’t there before. He is more empathic than most people
I know. Based on our
discussion5, it appears that going to meetings has had a transformativ
e impact on him.
We’ve talked a good deal about his future; especially the role
that he can play in teaching others
about the dangers of addictive technologies. He is eager to serve
a productive role in society,
and contribute in a way that is more meaningful than simply going
away.

 Case 1:17-cr-00307-DLC Document 24-3 Filed 09/13/17 Page 17 of 17

Unlike others in his situation, Anthony has the ability to use
the experiences of the last few
years as a tool for improving the lives of others.
If there is one thing he has demonstrated, it’s that he is capabl
e of lifting others up and inspiring
those around him. I sincerely hope he gets the opportunity
to put those abilities to good use,
serving the community in a way that he is uniquely positioned
to do.
Sincerely,

 Case Document 24-4 Filed 09/13/17 Page 1 of 13

Exhibit 16

Case 1:17-cr-00307-DLC Document 24-4 Filed 09/13/17 Page 2 of 13

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312

September 1, 2017

Dear Judge Cote,
My names is Lisa Hernandez Gioia. I live in Sunnyside, Queens with my husband Eric, and
our four, young children. I’ve had a successful career in politics since I moved to NY in
2000. 1 started my own consulting company, that grew to be one of the most successful in
NYC working with all levels of political candidates from local elected officials to presidential
candidates. My business focused on the fundraising side of campaigns, so I ended up
spending a lot of time with my clients hours a day one-on-one. In my career, I have worked
with close to 50 candidates and elected officials.
-

In 2005, 1 was working for a candidate running for Mayor of NYC. We raised the most
money, and had a strong campaign, but then a Congressman from Brooklyn & Queens
unexpectedly jumped in the race. That candidate was Anthony Weiner. His fresh ideas, vision
for the city, and compass ion for New Yorkers made him stand out. And even though he was
running against my candidate, I admired him and what he stood for. Mayor Bloomberg, won
re-election that year, but that campaign gave Anthony a platform as a fighter for NYC. I was
delighted that shortly after that campaign ended, I got a call from Anthony. He was already
planning to run for Mayor again, and was putting together his team. I started working for him
shortly thereafter, and continued working with Anthony on all of his future campaigns.
From the beginning, I saw how deeply Anthony cared about improving the lives of others.
Public service was a calling for him, and he had a natural ability to tune in to the needs of
people struggling, give them voice and find effective ways to help them. We would sit for
hours together making fundraising calls. He would often take a break from our calls, to return
the call of one of his constituents who needed help. Being on-call and available to foctis on
their needs always took priority. He would listen, find a solution, and make sure it was taken
care of right away. I remember him being particularly helpful on issues having to do with
immigration. He would gather as many details as possible, then stay on top of each case
personally. He cared deeply about these people, and truly wanted to help them.
Even after he left Congress, he was concerned for his fellow New Yorkers. I remember after
Hurricane Sandy, Anthony went to the Rockaways to help with relief efforts. He did this
completely out of the spotlight, helping in any way he could. After seeing the devastation
firsthand, he started a non-profit organization called Rockaways Restoration kitchen to train
people (former offenders and at risk teenagers) how to work in restattrants. He saw how
Sandy was making life even harder for these pockets of the community, and designed a
program to help them.

 Case 1:17-cr-00307-DLC Document 24-4 Filed 09/13/17 Page 3 of 13

When Anthony became a father, I saw his deep love and appreciation for this new part of his
life. We both had young families, and that was now a priority to him. Everything was about
his son, and that was the first thing he always wanted to talk about. From helping with
feeding when he was a baby, to teaching him Spanish, Anthony was consumed with his new
role as a parent.
Anthony is truly diving into his work, and I’ve been helping him with potential new clients
for Ice Stone. Recently, he has been informally advising me on a new startup that I am
founding. Anthony is always quick to review ideas, and help in any way he can. I regularly
count on Anthony for his perspective.
I have known Anthony for over a decade. I have known him in good times and in had. I have
seen him as a politician, as a father, and as a friend. He has been very open about his
recovery, and I have seen his absolute commitment to getting healthy. I have seen a deep
introspection. I kindly ask that you please take my comments into consideration during
sentencing. Thank you.

Sincerely,

Lisa H. Gioia

 Case Document 24-4 Filed 09/13/17 Page 4 of 13

Exhibit 17

Case 1:17-cr-00307-DLC Document 24-4 Filed 09/13/17 Page 5 of 13

Respected Sir,

3,

My Name is Iman Kamai, I am writing to you regarding Mr. Anthony Weiner. I got to know Mr
Weiner back In 2007 through my late husband Kamal Hashmat. Over the years my husband arid
Anthony became very good Mends and MØ Weiner stepped in to help my husband expand hls
business, he came as a consultant and always offered Kamal the best advice.
My Late husband was an entrepreneur and had started his own business by the name 01 CureMO.
Mr. Weiner was kind enough to offer his services to the organization when required.
I had a chance of personally meetIng him in 2014 when my husband was In Mt Sinai In New York in a
Coma.
Mr. Anthony Weiner provided his utmost sgppon to me and my three minor kids. He visited the
hospital almost every day talking to the doctors Inquiring about my husband’s progresL
After my husband passed away In Feb 2014 Mr. Weiner once again stepped in and made sure that
my rights and the rights of my three minor kids were protected.

if

He not only proved to be a Very sincere Mend of my late husband but also a well-wisher of me and
my children.
There are a very few people who stand by friends In need and Anthony has proven that he is one of
them.

Respectfully,

iman Kamal-Hashmat.

 Case Document 24-4 Filed 09/13/17 Page 6 of 13

Exhibit 18

Case 1:17-cr-00307-DLC Document 24-4 Filed 09/13/17 Page 7 of 13

LAWRENCE M. KATZMAN
* Brooklyn, NY
September 11, 2017
Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Dear Honorable Justice Cote:
I first met Anthony Weiner in the summer of 1998. when he was running for U.S. Congress and I
was working for an unknown candidate for the New York State Assembly in an overlapping
district. The candidate and I would run into Anthony from time to time, and even though we
had little support and a slim chance of winning, Anthony was always kind enough to share his
experience. There was no benefit to Anthony for helping us out, he just did. One thing I noticed
quickly about Anthony, was how he interacted with constituents. He spoke in great detail about
their concerns, and would remember the last time they met and what concerned them, which
concerned him as well.

In the fall of 1999, Anthony asked me to come work in his district office as his Director of
Constituent Affairs. In this role, I was able to witness firsthand the compassion Anthony had for
the members of his district and how hard he worked for them. There was not a question, concern
or complaint that Anthony would not address. If a pothole needed to be filled, Anthony worked
on it until that happen. A dangerous intersection near a school did not have a crossing guard,
Anthony would work at that. If constituents were not receiving money from Social Security,
unemployment, the Veterans Affairs Administration, or even someone who was facing eviction
Anthony truly transformed their lives. There was never a problem too big or too small for
Anthony to tackle. While many other elected officials would turn people away, Anthony would
help anyone with a City. State, or Federal problem. If you needed help, Anthony was always
there for you.

Anthony also did not hesitate to take up unpopular views, when he knew it was the right thing to
do. I can recall preparing for a town hail meeting, where constituents were upset that a home for
developmentally delayed adults would be opening in the neighborhood. I did not have the
opportunity to brief Anthony on the issue, and did not know what his response would be. When
a constituent expressed anger about the home, Anthony replied that perhaps our children would

 Case 1:17-cr-00307-DLC Document 24-4 Filed 09/13/17 Page 8 of 13

benefit for knowing that there are others in the world who are not as well off as we are. Where
he could have been a demagogue and taken the easy position, Anthony chose the right answer.
I left Anthony’s staff in 2003, but a year later when I invited him to my wedding he happily
attended. One of my favorite pictures is of Anthony lifting my wife on a chair, as we danced the
Hora and helped us celebrate this happy day. Many years later, I ran into Anthony on the
subway in 2016. He was with his son, bringing him to school. Anthony quickly introduced me,
and we swapped stories about being a dad, as I flow have two girls.
I am forever grateful, and proud to have worked for Anthony. Proud because of the work we
did on behalf of his constituents and helping make their lives better. I wonder, without Anthony
how many people would have been evicted, unable to buy food, and potentially died.
Thank you for allowing me this opportunity.

 Case Document 24-4 Filed 09/13/17 Page 9 of 13

Exhibit 19

 

Case 1:17-cr-00307-DLC Document 24-4 Filed 09/13/17 Page 10 of 13

Sylvan C. Klein
New York, NY
August 4, 2017
Honorable Denise 1. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, NY 10007-1312
Dear Justice Cote:
For thirty years my wife, children and I were residents of the Belle Harbor community of The
Rockaways. I was an active member of the community, as a member and past president of
West End Temple, member of NYC Community Board#14 (Queens) and member and past
president of The Belle Harbor Property Owners Association. Professionally I worked for the
New York City Department of Education as a High School guidance counselor for 35 years.
Anthony Weiner, for over 12 years served as US Congressman representing the Belle Harbor
community with distinction, always available to address the local concerns of its residents.
Congressman Weiner
Rockaways and lower
community, improve
infrastructure and the

advocated and championed the first commuter ferry connecting The
Manhattan. He secured federal funding to create athletic fields for the
educational resources and advocated for improvement to both the
beaches vital to the daily life of the neighborhood.

The tragedy of 9/11 had a profound impact on Belle Harbor, where an extremely large number
of local residents were killed. Many worked for the NYC Fire Department, others worked inside
the Twin Towers. Congressman Weiner was personally involved with the families of the
victims, and provided comfort and federal financial commitments.
Two months following 9/fl, an airplane crashed into numerous Belle Harbor homes, killing
residents and destroying homes. Congressman Weiner advocated and oversaw federal
intervention to assist the victim’s families.
As an aftermath of 9/11 many of the workers assigned to the area’s cleanup, were felled by
Respiratory and Cancer illness directly related to the building materials used in the Twin
Towers. Anthony advocated strongly and personally, for medical funding to these workers in
the US Congress.
Anthony Weiner was an outstanding representative of his congressional district.

 Case 1:17-cr-00307-DLC Document 24-4 Filed 09/13/17 Page 11 of 13

After leaving the US Congress, Anthony Weiner as a private citizen was active in Belle Harbor
in securing funds for the victims of Hurricane Sandy which struck The Rockaways in 2012.
Sincerely,

‘YSylvan C. Klein

7

 Case Document 24-4 Filed 09/13/17 Page 12 of 13

Exhibit 20

 

Case 1:17-cr-00307-DLC Document 24-4 Filed 09/13/17 Page 13 of 13

Belle Harbor, NY

August 9, 2017
Honorable Denise L Cote
United States Di strict Judge
Daniel Patrick Moynthan, United States (‘oul thnuse
500 Pearl Street
New York, NY 100074312

AU%

4 2017

L

CHAMBL% UiI
iDENSEUOI_J
—

Dear Justice Cote:

Since 1965 I have ]‘esded in the Rockawy Community, taught in the local
elementary schools for over 30 years, and was art active member of the Belle
1-larbor
Property Owners Association, having served as president for eight years ending
June 30, 2009.
For over twelve years, Anthony Weiner ;erved as US Congressman representing
a
portion of the Rockaway peninsula, including but not limited to Belle Harbor
Community. On more than a few occasions, I needed to contact Congi’essinan
Weiner’s office relating to problems/concerns of the tax paying homeowners
in
Belle Harbor. Whether they related to No Child Left Behind Legislation, a major
concern for parents of youngsters attending PS 114Q. or zoning issues which
were
being compromised, Congressman Weiner always responded most professionally
.
Of particular importance were Congressman Weiner’s actions toward :hose
negative]y impacted by the tragedies of 9/11 and Lt/12. Belle Harbor residen
ts
were tremendously affected by both horrific eveiiI:s. Families of the in any membe
rs
of the NYC fire Department who perished in the former event were comforted
by
the action taken by Congressman Weiner. He provided much comfort and federal
commitments. After the crash of American Alt-lines Flight #587, Congressman
Weiner made certain communication sessions were inclusive. Among those
in
attendance were the Local religious leaders from both the Washington Height
s and
Belle Harbor Communities. As President of the BHPOA at the time, his invo]v
ement
was crucial.
In my opinion, Anthony Weiner represented the commnunityhe represented
in a fair
and efficient manner.
Sincerely,

in, Past President, BHPOA; VP, Queens Civic Congress

 Case Document 24-5 Filed 09/13/17 Page 1 of 11

Exhibit 21

Case 1:17-cr-00307-DLC Document 24-5 Filed 09/13/17 Page 2 of 11

Rabbi Pesach Lerner
Executive Vice President, Emeritus, National Council of Young Israel

July 24, 2017

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, NY, 100074312
Dear Judge Cote,
I write this letter to describe my professional experiences with Mr. Anthony Weiner.
I was the executive vice president of the National Council of Young Israel from 1991-2012.

The National Council of Young Israel is the umbrella organization of all Young Israel Synagogues
throughout the United States and Canada. About 50 of those Synagogues are in New York State.
I remain active within the greater Jewish community.
Mr. Weiner was a member of the NY City Council and, then, was a Congressman for NY’s gth
congressional district.
Mr. Weiner’s office was always open to us. He assisted the many Young Israel synagogues
in his district. He, often, took the lead on issues important to our community.

As a Congressman, he continued that open door policy. He and his staff were available to us.
Once again, he took the lead on issues important to us; often, he was a lone voice.
But, in my mind, Anthony stood out from most politicians.
Anthony put the needs of his constituents first; something we recognized and appreciated. We
were able to call upon him whenever and wherever necessary; and he always responded.
But what made Anthony special was the care and concern he showed to the individual.
He felt their pain and their needs became his; and, he acted accordingly. I remember one
specific situation, Anthony, personally, went to court to appeal to the judge for mercy for an
individual, because he cared. I, and the individuals he helped, will never forget his efforts and
kindness.

Sincerel

NATIONAL COUNCIL
OF YOUNG ISRAEL
212-929-1525 ext.110
PLemer@Younglsrael.org

 Case Document 24-5 Filed 09/13/17 Page 3 of 11

Exhibit 22

Case 1:17-cr-00307-DLC Document 24-5 Filed 09/13/17 Page 4 of 11

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
August 15, 2017
Dear Judge Cote,
I have known Anthony Weiner for seven years. He attended High Holiday services with his son at my
congregation and I have met with Anthony on many occasions to discuss his life, his personal trials, his
marriage, and his role as a father and member of society. These meetings took place while he was a
Congressman, throughout his resignation, during his NYC Mayoral campaign, during the past year when
the acute nature of his illness, as he described to me, came to the surface, during his treatment, and
now, during his recovery.
I have come to know different aspects of this man over the years and have watched his life unravel.
While I do not know the specifics of his treatment nor his medical condition, I can tell you about the
father that Anthony is to his son,

No father could love a son more or put his son’s interests first.

I hope these brief remarks have been helpful to you and to the court and I wish you well.
Sincerely yours,

Dwen &tthte
Rabbi Darren Levine

 Case Document 24-5 Filed 09/13/17 Page 5 of 11

Exhibit 23

Case 1:17-cr-00307-DLC Document 24-5 Filed 09/13/17 Page 6 of 11

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312

June 19, 2017

RE: Anthony Weiner
Dear Judge Cote:
I am writing this letter in connection with the sentencing
of Anthony Weiner.
Iii february, 2008, 1 joined then-Congressman
Weiner along with other congressmen and volunt
eers to
parade through the streets of Brooklyn to publicize
our support for another candidate for higher office.
Mr.
Weiner grabbed a megaphone and exhorted onlook
ers to engage in ‘hakarat hatov,” that is, ‘honor
and
recognition of the good” that this candidate had done
for constituents. His words often echo in my mind,
and it is in obedience to this Talmudic mandate, to give
recognition of the good works done by someone,
that I submit this letter for your consideration.

In the spring of 2004, my struggles to have a baby
necessitated medical treatment. I soon discovered
that I
had a lifetime insurance coverage cap of $10,000.00
for the treatment of infertility, which, given the high
costs of this treatment, meant 1 would need to come
up with significant funds if I wanted to be a parent.
I
learned that many states, including New York, do
not require coverage for in vitro fertilization, a
wrong
that must be changed. In early 2007, 1 went to Capito
l Hill, armed with statistics, data on treatment
costs,
and medical information to seek change to this inequi
ty in access to treatment across the country.
I met
with a staffer in Congressman Weiner’s office to
request that Congressman Weiner introduce legisla
tion to
mandate coverage for infertility treatment natio
n”’

On Father’s Day 2007, 1 met with Congressman
Weiner at a playground on the Upper East Side
with
another infertility patient from Connecticut, who
did have coverage. We related our stories, and
the effects
not having coverage for treatment had on me, the bad
medical decisions one makes when driven by
costs
concerns rather than best medical practice, the
stress on work and marriage (I am now divorc
ed) caused by
infertility and its costs, and the economic benefit
s recognized by states that provide coverage.
Soon
thereafter, using the power of his office to offer
legislation that would help real people achiev
e their dreams
of becoming parents, Congressman Weiner introdu
ced legislation, The Family Building Act, which
would
have mandated coverage for infertility treatment.
Mr. Weiner’s confirmation that one person’s com
mitment to resolving a wrong can make a differe
nce, has
continued to motivate my ongoing advocacy work.
As of now, legislation just passed in the New
York
State Assembly to reverse the exclusion of in vitro
fertilization from required coverage in New
York
(headed now to the State Senate). By showing me
that activism matters, Mr. Weiner contributed
to my
s better for New York’s, and this country’s, citizen
s.
-

-

-

-

 Case Document 24-5 Filed 09/13/17 Page 7 of 11

Exhibit 24

Case 1:17-cr-00307-DLC Document 24-5 Filed 09/13/17 Page 8 of 11

Globe Wholesale Tobacco Distributors Inc
5406 Third Pvenue, Brooktvii. New York 11220
TeL: 718-439-7478 718-439-891% • Fax: %18-439-489
-

Established 1946

I

tool

thc !)cA of Icnn Sch rti

—

To: Honorable Judge Denise Cote
Re: Sentencing Recommendation Anthony Weiner

August 25, 2017

Your Honor,
I write in recommendation of sentencing that considers treatment, as opposed to incarceration for
this public servant that I have known since his birth.
My background currently includes, presidency of Globe Wholesale in Brooklyn; chairman of the
statewide association of tax collection agents; Chairman of the teamster’s local 805 pension; among
charitable endeavors. But more saliently, as a constituent of Anthony Weiner’s district during his
tenure as New York City Councilman and then again as he was United States Congressman.
Anthony’s dad, Morton Weiner and I graduated from NYU Law School (the class of ‘59) and have
lived in the same neighborhood of Brooklyn, while raising our families ever since.
When Anthony finished his formal education and considered how best to fulfill his nascent desire for
public service, he sought my advice out of respect We spoke and I recommended that he pursue a
career in Brooklyn politics under these two conditions: Always be accessible and act with integrity,
never betraying the public trust. He agreed and that day a career in public service had begun.
Anthony became a “bulldog” in his prosecution of his duties as an indefatigable worker for the
people of Brooklyn and South Queens. But, what I value most in his accomplishments is his efforts in
passage of his proposed legislation known as the PACT ACT. This law, which among its other
attributes prohibits the Internet sales of cheap untaxed cigarettes to minors and adults alike, has
saved lives!
In my over eighty years on this earth, I have seen both the good and bad in people and have come
to accept the dichotomy therein. Yet, the fall from grace of this man of promise leaves me both
saddened and confused. Seeking explanation, I have learned of a new psychiatric thought, which fits
Anthony to a “T”, called “Impulsive Flirtation Disorder.” The Internet, with its obfuscation through
anonymity and disregard for the accepted values of “face to face” behavior is a lure for those with
emotional aberration. Anthony’s repeated inability to control his infliction at the expense of his
Congressional career, his marriage and his bid for the Mayoral race in New York, while
simultaneously asking for public scrutiny from the press is certainly indicative of illness.
Please use the discretion provided to you in evaluating the best course for justice, while
considering how best to rehabilitate this accomplished public servant. In spite of his astonishing
failure, he is intrinsically worth it
Sincerely,

 Case Document 24-5 Filed 09/13/17 Page 9 of 11

Exhibit 25

Case 1:17-cr-00307-DLC Document 24-5 Filed 09/13/17 Page 10 of 11

Jaa

Y%6
•‘aii, -4i

August 9, 2017

Hon. Denise L. Cote
United States District Judge
United States Courthouse
500 Pearl St.
New York, New York 10007
Re:

Anthony Weiner

Dear Judge Cote,
I am a resident of the Manhattan Beach Community located in Brooklyn, New York. I have
known Mr. Weiner since he was a councilman. I am very active in my community group having
served as a past president of our Community Group. During the time that Mr. Weiner represented
my community both as councilman and congressman, on many occasions I contacted Mr. Weiner
concerning problems affecting our community. He was always responsive to my request and both
he and his staff worked on our community problems and in most instances, he was successful.
Additionally, I know many of his constituents made requests of Mr. Weiner as it pertains to various
problems and again he responded to their requests. He never turned the community down when a
request was made and to the best of my knowledge, he never turned down a constituent who needed
his aid. He was a great and devoted public servant.
On a personal note, both my wife and I are eternally grateful to Mr. Weiner in a time of need.
When there was a terrorist bombing on two subways in London several years ago, both my son and
daughter in law resided in London and worked in the financial district. Their subway stop was at the
location where bombs exploded on two subway cars. My wife and I were unable to communicate
with our children either by telephone or by email and we were very concerned about their safety. I
called Mr. Weiner before 9 a.m. that day and told him our concern about the safety of our children.
He asked me for their names, where they resided and the place of their employment. Approximately
two hours later, I received a call from Mr. Weiner’s chief of staff who had my daughter in law on
a conference call in London. She told us she and our son were safe. The chief of staff told me that
after my call with Mr. Weiner, he called the United States Embassy in London, gave them the
information about our children and directed them him to locate them which they did. You cannot

 Case 1:17-cr-00307-DLC Document 24-5 Filed 09/13/17 Page 11 of 11

Hon. Denise L. Cote
August 9, 20171
Page Two

imagine our gratitude in the help we received from Mr. Weiner during the time when we were
concerned about their safety and he responded immediately. This act by Mr. Weiner speaks volumes
of his integrity and character.
I will not comment about his case in that he pled guilty and is before your Honor for
sentencing. However, I would like to advise Your Honor that withstanding any transgressions which
may have been committed by Mr. Weiner, his excellent service as a public servant responding to the
needs of communities and constituents which he represented warrants considerable consideration
in the sentence which Your Honor is to impose upon him. We are all human and make mistakes.
However, in this instance I believe Mr. Weiner’s transgression was not as a result of malice but
rather of a situation which was not within his control. In my opinion, this factor should be taken into
consideration by the Court.
Very truly yirs,

ATS/fd

AleAder T. Singer

 Case Document 24-6 Filed 09/13/17 Page 1 of 13

Exhibit 26

Case 1:17-cr-00307-DLC Document 24-6 Filed 09/13/17 Page 2 of 13

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, NY 10007-13 12

Your Honor,
am writing to share my experience of knowing Anthony Weiner.
first met Anthony in the year 2000. I had been randomly placed in his DC congressional office as part
of a CUNY Internship. I showed up expecting to open mail and get dry cleaning. My experience was
very different, and that’s reflective of who Anthony is. I was heading to congressional hearings, drafting
letters to constituents and giving tours of the Capitol Building. As a naïve 20 year old, I was extremely
surprised.
I was especially shocked when I received an offer for a full-time position to stay on at the office after my
internship ended. Anthony Weiner gave me the opportunity of a lifetime. I was able to sit in on
planning meetings and became an integral part of the DC team. Anthony never shied from putting
complicated projects on my plate or asking my opinion on pending legislation.
It changed my life.
His generosity was further evident when I was left homeless in Washington, DC. After accepting the
position in Anthony’s DC office, I was left without housing for a short time. Although Anthony had only
known me a very briefly, he offered up his apartment in DC. He let me stay there because I needed
help.
I worked for Anthony a second time, in 2008. This time I worked in the New York City office. I already
knew that Anthony was a busy man, but I was amazed at how he would pack his schedule with visits
around his district. He would host town halls, visit nursing homes and stop to talk to voters on the
street. He never seemed to tire of helping every single person that lived in his district.
The reason I returned to work for him in 2008 is because I had never seen an elected official work so
hard, and so completely, for the average New Yorker.
Anthony worked harder for the “little guy” than anyone I had ever met. The good he did was evident.
Social security problems, flag requests and immigration issues that people were struggling with were all
handled. There were people who got Social Security benefits being withheld to them because of
Anthony’s help. There are immigrants to this country that were able to stay, or bring their families
because of Anthony’s intervention. There was no problem too small. And if Anthony couldn’t help, he
made sure to pass the problem on to someone who could. It didn’t matter if it was a federal or local
issue; Anthony made sure that we always helped. It was always thorough and he never, ever backed
away from supporting the underdog in a fight.
After leaving Anthony’s office in 2010, I didn’t stay in touch with him. Unfortunately, I can’t speak to his
behavior in recent years, but I am happy to say that when I was part of his team, he was adamant about

 Case 1:17-cr-00307-DLC Document 24-6 Filed 09/13/17 Page 3 of 13

helping every single person he came into contact with. Queens and Brooklyn are better boroughs
because he represented them.
I have no doubt that Anthony will use his recent experiences to help others that have also struggled. He
inspires the best in people because he often sees the best in people. I know that if he gets the
opportunity, he will continue to serve his community and use his energy, experiences and knowledge to
help others.

Sincerely,

7

Christina Tsatsakos

 Case Document 24-6 Filed 09/13/17 Page 4 of 13

Exhibit 27

Case 1:17-cr-00307-DLC Document 24-6 Filed 09/13/17 Page 5 of 13

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312

Dear Honorable Denise L. Cote,
This letter is being submitted in support of Anthony Weiner and speaks to his process of
recovery as I experienced it firsthand. The document is being offered anonymously, as I too, am
a recovering addict working toward recovery. My reasons for doing this should be self evident. It
is my hope that the anonymous nature of my statements given here will not diminish the value of
what I have offered in support of Anthony.
I got to know Anthony upon his arrival
Anthony was assigned to me as a roommate and both
being native New Yorkers, we quickly developed a rapport. As is true for most new patents
arriving at
Anthony was very much in crisis and expressed concern for the impact his
addiction had on his immediate family and career. Upon arrival, he was an individual who was
no longer in denial about the seriousness of his condition or the harm his behavior had
potentially caused others. It was apparent that was already actively engaged in the preliminary
steps toward recovery.
As might be expected, Anthony had little difficulty connecting with 20 or more individuals
comprising our recovery cohort at
He rapidly became an insightful and outspoken
voice to our collective recovery, relating his personal experience to those of his fellow
Anthony rapidly internalized the spirit and intention of
12 step based
recovery process and was very much a contributor to the community as a whole.

This became more apparent to me, as we were both assigned to the same primary therapist, an
individual with CSAT credential. Our small group sessions often demanded blunt and painful
insights and honesty about ourselves as individuals and our behavior as addicts. Anthony had
a
unique capacity to offer specific insights about himself and others, or, alternatively, to pull back
and provide much needed perspective on the recovery process. Anthony was subject to the same
self assessment and process of moral inventory as the rest of us and was required to create a
trauma egg, or symbolic illustration of events of our formative years which may have had an
impact on our addictive behavior as adults.

 Case 1:17-cr-00307-DLC Document 24-6 Filed 09/13/17 Page 6 of 13

We were also required to do a timeline, or a chronological grid, deconstructing our
life events
and the process of addiction as it had developed over our lifetime. I was present for
Anthony’s
presentation of his timeline to the group. It was clear to me that Anthony had dug deep
to find
some underlying behaviors and factors which led to his self destructive behavi
or as an addict.
Anthony’s history was a complex one, which displayed a tremendous reverence for
women and
deep affection for his son and his family of origin. His specific problematic behavi
or was
primarily related to compuLsive and inappropriate texting behavior. Sex addiction is
above all, a
process disorder, which is varied and nuanced and distinct from classic chemic addicti
al
ons.
Anthony was able to gain a great deal more clarity about his behavior and how
it was harmful to
all concerned.
Upon our departure from
and return to NYC, was have stayed in contact and have
had opportunities to catch up in fellowship after 12 step meetings. I recall at one time
I emailed
Anthony, encouraging to him to turn up at a meeting all the way uptown, which,
for him, was
quite out of the way. I was pleased and surprised to encounter him at the meetin
g.
I consider myself to be privileged to have gotten to know Anthony Weiner, the man behind
the
addict and public figure. He has been a tremendous asset to all of us who have encoun
tered him
within the recovery community. It is my deepest desire to see him continue his work
in recovery
and for society to afford him that opportunity in the best spirit possible.

Sincerely,

A fellow addict in recovery

 Case Document 24-6 Filed 09/13/17 Page 7 of 13

Exhibit 28

Case 1:17-cr-00307-DLC Document 24-6 Filed 09/13/17 Page 8 of 13

Greetings Hon. Denise L. Cote,
My name is
and I am writing you in reference to
Anthony Weiner’s sentencing. I was introduced to Anthony through
group therapy and recovery program almost one year ago. He has been
instrumental in my recovery as a fellow addict by giving me a role
model of courage against adversity. I cannot imagine going through the
challenges of going through what Anthony has. Living with addiction
is difficult enough but having to work recovery from addiction in the
public eye to me seems impossible to me. Anthony has been committed
to his recovery and shows it by being of service to me and others. He
chairs meetings, gives sober advice and brings humor to otherwise
sensitive topics. He lets me and others open up to him and he responds
by letting himself be vulnerable.
I dare not question your judgement but in my opinion, Anthony is of
more use among fellow addicts than in prison. Our recovery group and
12 step program would lose a viable asset and leader if he were in
prison.
Please feel free to reach me for any questions if needed
rnw_

 Case Document 24-6 Filed 09/13/17 Page 9 of 13

Exhibit 29

Case 1:17-cr-00307-DLC Document 24-6 Filed 09/13/17 Page 10 of 13

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 Case Document 24-6 Filed 09/13/17 Page 11 of 13

Exhibit 30

Case 1:17-cr-00307-DLC Document 24-6 Filed 09/13/17 Page 12 of 13

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Judge Cote,
I am writing to you regarding Anthony Weiner, and his impeding
sentencing. I have gotten to know Anthony personally over the past year,
having also recently gone through similar legal circumstances myself. This
brought us into the same rehabilitation meetings and therapies.
For all the years that he served as a congressman for my state of New
York, I was struck by his relentless passion and commitment to those in our
community less fortunate than most. He always fought for the underdog,
and was one of those very rare voices of truth and sanity. He is still that
man. He is man of principle and compassion. Although I have never met
his son,
Anthony constantly speaks of him with deep warmth and
emotion. Anthony is unmistakably a committed father to
,, who
clearly adores and depends on his dad.
,

As a committed and loving father and husband myself, I know that good
men can make mistakes. We must take responsibility for those mistakes,
and we must take the steps required to get better. I have seen, firsthand,
Anthony’s dogged and tireless work ethic for self- improvement and
rehabilitation. I have witnessed him, after a serious leg injury, hobble from
addiction meeting to addiction meeting, to therapy and rehab, both mental
and physical. He did this each and every day. He was an inspiration to the
many of us in the rooms who desired this level of commitment to becoming
a better man; a better and healthier member of society.
With the sensational nature of his earlier embarrassing and upsetting
exploits, my wife and I have always felt that Anthony received excessively
harsh treatment in the tabloids and the less than high standards press
outlets. His political accomplishments, however, seemed far more lasting
and important than his behavior. I believe in him. I will stand by him as
good and worthy man, who will continue to make important contributions to

 Case 1:17-cr-00307-DLC Document 24-6 Filed 09/13/17 Page 13 of 13

society and who will always, no doubt, put the needs of others first and
foremost.
I know post rehab Anthony. The Anthony I know does not engage in his
past inappropriate wrongful behaviors. The Anthony I know has worked
hard to ensure he is free of those behaviors in the future. The Anthony I
know is funny, self deprecating, compassionate and loving. The Anthony I
know is as devoted a father as I have ever met. His son is THE priority of
his life and it is clear to me this will always be the case.
is blessed
to have such a loving and devoted Dad.
Whatever punishment he receives, I and many others will be by his side,
continuing to improve ourselves, continuing to be law abiding and
dedicated to serving others. I am proud to call Anthony Weiner a good
friend.

 Case Document 24-7 Filed 09/13/17 Page 1 of 10

Exhibit 31

Case 1:17-cr-00307-DLC Document 24-7 Filed 09/13/17 Page 2 of 10

September

6th,

2017

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312

Dear Judge Cote,
I have had the privilege of closely knowing Anthony Weiner since January of this year. In
the past nine months as members of the same men’s recovery group for sex addiction, we have
become very close, learning very personal, private things about each other, and leaning on each
other for support. Our friendship was not this trusting or intimate at first, but it has grown and
developed as Anthony, myself, and the other group members have all grown and developed.
Our shared growth is in no small part due to our acknowledgement of our past wrongs, our
dedication to our recovery programs, and our reliance upon each other for help.
Two weeks ago, Anthony saved my life. He helped me out of a desperate situation in
which my sex addiction was causing me to question taking my life. As addicts, our lives have
been at times been very difficult at times, often caused by our own actions, but our awareness
of these truths does not remove the difficulty. At the point I was at my most desperate,
thinking there was no way out, I sent a simple message, Call me” to our recovery group. Not a
minute later, Anthony called. I explained the situation and Anthony stayed with me until I was
safe. Anthony knew the danger I was in, and it was his support, guidance, and care that saved
me.
In our recovery work, we are unable to use or provide program tools or wisdom that we
haven’t got. When I first met Anthony the past January, we were not in possession of enough
knowledge, experience, or clarity to see where we had gone wrong in our pasts or how to move
forward. We certainly were not able to help each other with life threatening situations. Since
meeting and because of Anthony, I have become more able, to stand tall, look myself in the
eye, and live life without debilitating shame. I cannot put a value on what Anthony has brought
to my life. I consider myself very lucky to be able to call him a friend. I am alive because he
called me.
Sincerely,

 Case Document 24-7 Filed 09/13/17 Page 3 of 10

Exhibit 32

Case 1:17-cr-00307-DLC Document 24-7 Filed 09/13/17 Page 4 of 10

Judge Denise L Cote

6/26/17

United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, NY 10007-1312

Dear Judge Cote,
For the past two years IiJnorning
meetings a
problematic addiction had
nothing to do with minors but it was severe enough for me to seek help. Eight months ago Anthony
Weiner began attending the same
and since then has been a solid
contributor to the group. He has taken on service agreements and has been sharing his own experience
with several newcomers and old timers alike. The Anthony Weiner I have come to know is someone who
is committed to his recovery and generous with his time. He regularly spends time after the meetings
going for fellowship and talking recovery. We are all aware that his addiction played out in public for all
to see. He has shared that it is his sincere hope that his story may shed some light on this addiction and
somehow help others seek recovery.
-

I have also had the opportunity to spend time with

A

most
have known, Anthony has a huge heart and miles of compassion. In a world where things
are not always what they seem, Anthony is truly a good person who suffers from addiction.
-

I am proud to call him my friend.

 Case Document 24-7 Filed 09/13/17 Page 5 of 10

Exhibit 33

Case 1:17-cr-00307-DLC Document 24-7 Filed 09/13/17 Page 6 of 10

10 July 2017
Your Honor

lam writing to speak on behalf of Anthony Weiner, whol understand is being sentenced soon
after the Court reads this and other letters. I wrfte this even though I am an ostensibly
anonymous’ member of a recovery group he’s a part of I am willing to break anonymity in
orderto speak on his behalf, because he’s done me—and therefore my family of five including a
wife and three teenage sons—an incredible service as an active and service-oriented member in
thatgroup.
In reading “Answers in the Heart” this morning ta devotional guide associated with our recovery
group), Iwas reminded of my admiration and appreciation forAnthony and ibr his being a part
& the fellowship. The text I read in part says, “Anonymity represents to most people a
liberating even more than a threatening phenomenon.’ —Harvey Cox / “When we join a group
for sex addicts, we make a promise to respect the confidentiality of each and every member. We
call one another by our first names, and we don’t gossip about the social res of our brothers
and sisters in recovery....”
Anthony was at the first
I we nt to on
a
It 9egitimized” my
being there, ft actually made ft less shameful for me to show up; I figured ‘if this man can be
here in light of all the public scrutiny, I can be here without any scrutiny other than that of my
wife.”
.

He has helped me very much in my “sobriety,” and I’m deeply grateful for him.
To elaborate a bitfurther on the text of the devotional that prompted me to write—I did not
originally write this note-to be presented to the Court, Your Honor; I wrote the first part In a text
to Anthony while reading the devotional because I was so moved... On a Friday a few weeks
back when Anthony was in court, the same Friday his wife would later file for divorce, (heard
Curtis Sliwa doing his radIo program with another man, and a caller called in about Anthony and
ranted about how ftwas ridiculous that we call so many things “addictlon and “sickness” and
“why didn’t we just see it as ‘weakness.”' Either Curtis or the other guy defended Anthony. (was
literally in grateful tears at how understa nding the hosts were, because they were basically
saying to the caller about Anthony (and, by extension, about me), “have you walked a mile in
this guy’s shoes?” ft was an unexpectedly humane response by the hosts. They didn’t let us off
the hook for our actions, but they did acknowledge that we are in the grips of something too
powerful for us to handle on our own. That’s why we have this fellowship that Anthony’s a part
of. That’s why his presence Is so important to me, Your Honor, and why my presence is so
important to him and the others. We are there for each other, If none of us werethere, there’d
be no fellowship and no solution to our common malady.
There is no doubt in my mind that Anthony has been a huge help in my own life as I recover
from sex addiction, and he will continue to “trudge the mad of happy destiny” with me and
others as long as he’s allowed. He has become a valued member of our growing fellowship, and
we need him, Your Honor.

 Case Document 24-7 Filed 09/13/17 Page 7 of 10

Exhibit 34

Case 1:17-cr-00307-DLC Document 24-7 Filed 09/13/17 Page 8 of 10

Daniel Patrick Moynihan courthouse
500 Pearl Street
New York, NY 10007-1312
To Hon Denise L Cote
July 23, 2017

On ]anuar
2017 I went to my first recovery program which i. This is my first 12 step recovery
program. This past May, I turned
I met Anthony in the
morning step meeting in
4th
NYC. To my best recollection it was about my
meeting. I had started doing a 90/90(90 meeting in 90
days) at the request of my therapist. I was fearful, nervous and wondering how was it possible to stay
sober. It was 4 days into recovery. At the beginning of every meeting, each person shares their bottom
line behavior and length of sobriety. Anthony was one of the first men to share. I heard one person after
another share their length of sobriety. I was 4 days sober and scared. I didn’t know anyone in the room
and I felt so different. How can anyone related to my story. Why am I here how did I get here? Anthony
was one of the first men to share his sobriety. After three to five guys shared I started crying. It was the
first time in my life that I felt a place where I can get help, at least I hoped. He was one of men who
came over to me after the meeting to keep coming back. Every week that I went, Anthony was there.
Anthony hobbled in after surgery with crutches, came in feeling sick from a cold, came in week after
week no matter what and then talked to people after the meeting. He showed me hope, by his example
and dedication, just by being there, talking and sharing his road to recovery. He showed me that
commitment to this program can help maintain sobriety and change our own lives as well as the people
around us who rely on us and care for us. I have talked to him and we both share a strong desire to be
better parents to our kids and give them a chance to succeed as healthy adults.
.

On July 19, 2017, I celebrated six months of sobriety. In the first couple of months I never thought it was
possible to have 6 days much less six months. I owe a debt of gratitude to all the people in the rooms
who support me. I especially want to thank Anthony for being there when I needed someone to tell me I
could do this. He did that by telling his story and sharing his personal strength and hope with me both in
conversations privately and in the meetings I see him.

 Case Document 24-7 Filed 09/13/17 Page 9 of 10

Exhibit 35

Case 1:17-cr-00307-DLC Document 24-7 Filed 09/13/17 Page 10 of 10

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, NY 10007-1312
Dear Judge Cote,
I wanted to reach out on behalf of Anthony Weiner. I am sending this email to advocate for his character and
affirm him as the man I know him to be. Anthony and I have known each other for about 8 months. I met
Anthony in a therapy group focused on recovery for sex addiction. We also belong to the same 12-step
fellowship so I have spent time with Anthony in those ways in addition to personal one to one social interactions
for meals.
To give some background on myself, I am a few weeks away from mybirthday, I’m married for 3 years,
and have a
daughter named
I work in the financial industry. I have been in recovery for
the past 19 months. While our sexual pattern might have been different, our addiction is the same and we
have bonded over this journey to become better people and rid ourselves of soul damaging compulsive
behaviors. It has been an incredibly challenging time marking the end of a duplicitous life followed by
accountability for poor decisions and some deep internal work. This was not all hardship as I have experienced
a remarkable period of intense growth, increased spirituality, and a renewed authenticity and honesty in my
10+ year relationship with my wife and all other relationships in my life. It is a time that support from all angles
has been crucial to navigate this period. Anthony and I relate as we have been sober in tandem starting last
fall.
When I first met Anthony, he already had notoriety as a result of being a public figure in the midst of a
challenging case. Anthony and I have gone from acquaintances to friends in relatively short order. Anthony
has been undoubtedly one of the most remarkable men that I have met while in recovery. I speak to him
virtually every day. I have gotten a chance to know him more intimately than many of my friends of multiple
decades from all walks of life from high school, to college, to my professional life. In Anthony, I have seen an
increasingly evolving person with a tremendous amount of contrition, integrity, and a good-natured citizen of
this earth that wants to live his remaining time in this world as a better man. He has been there for me when I
have needed emotional support in dire times as I’ve attempted to rebuild my life and family. I also admire the
way that he has handled challenging people in our program and in life. He has kept his composure and class
even in the face of attacking media stories and aggressive and hostile paparazzi. He is a natural leader in the
12-step fellowship and takes the rule and principles of the program seriously while not taking himself too
seriously. He has injected light-hearted humor where appropriate as he has chaired meetings to keep the
morale of recovering fellows elevated. The biggest area of passion that I have seen from Anthony has been his
commitment to his son
In the time that I have known him, his dedication to showing
love,
support, and companionship is something that is genuinely heart-warming. I aspire to be the active, engaged,
and caring father I have seen Anthony be to his son in the time that I have known him. He lives his life to make
him happier and more fulfilling.
If everybody in this country lived their lives the way that I have seen Anthony live his life in the time that I have
known him, the world would be a much better place. If people in society pay it forward by taking cues from the
positive examples of others, it would be a disservice to remove Anthony from mainstream society and away
from being a fantastic and present father to
I would ask for your consideration of my sentiments.
Best,

 Case Document 24-8 Filed 09/13/17 Page 1 of 13

Exhibit 36

Case 1:17-cr-00307-DLC Document 24-8 Filed 09/13/17 Page 2 of 13

July 24, 2017
Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Dear Judge Cote:
I am writing on behalf of Anthony Weiner in advance of his sentencing in September.
I have been a member of a 12-Step recovery group based at the
since June of 2015. Anthony joined the group in November of 2016, and over the past 8
months I have had the chance to observe his journey in recovery and to discuss it with him.
Given the very public nature of Anthony’s situation, the fact that he regularly attends local meetings
and socializes with his fellows in recovery demonstrates to me an unusual courage and commitment.
He shares frequently at meetings with a keen intelligence and unsparing insight into the seriousness and
consequences of what he has publicly called his “sickness” a sickness which we in recovery know
only too well, and which almost always drives its sufferers into isolation and increasingly dangerous
behaviors. Anthony has nonetheless remained a regular and valuable presence in our group, engaging
with his fellows and sharing his own personal message of what we refer to as “experience, strength and
hope.”
—

This is the cornerstone of recovery: that we can best overcome this sickness this addiction to
demeaning behaviors and maintain our sobriety by reaching out to other addicts. Anthony Weiner is
uniquely equipped to be of service in this process and the story he shares is especially impactful for
fellow addicts as it has, by his own account, touched every aspect of his life. This is very much a
sickness of our present time and requires the immediate and decisive attention that Anthony has
demonstrated.
—

—

It is my sincere wish for Anthony, however his life plays out in the future, that he will continue to be of
service to our community, and perhaps in time to help raise public awareness of this increasingly
serious social issue.
Thank you for your time and attention.

 Case Document 24-8 Filed 09/13/17 Page 3 of 13

Exhibit 37

Case 1:17-cr-00307-DLC Document 24-8 Filed 09/13/17 Page 4 of 13

Hon. Denise C Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 100074312
Re: Anthony Weiner
Dear judge Cote,
I am writing in support of Anthony Weiner who I understand is to be sentenced by your court this
summer.
I have been in a 12-step fellowship here in NYC for the past four years and have attended meetings on a
regular basis throughout. I estimate that I have attended over 800 meetings and have met many
hundreds more fellow addicts in that time. The program not only helped me find recovery, but it
literally saved my life.
In gratitude for this gift of recovery, and as part of my 12th step which states that having recovered 1
should help spread the message, the program continues to be an integral part of my life in recovery. I
have held several service commitments, helped start six new groups, and have had over a dozen
sponsees that I have helped guide through various parts of the 12 steps.
In short, I have been in “the rooms” (as we say) for long enough that I think I have a good sense of those
addicts who are committed to their recovery, and I have seen many fellows transformed by their
recovery through the 12-step program.
I first started seeing Anthony at our 12-step meetings sometime last year. Anthony has been a
consistent attendee at the meetings I regularly attend. I have seen and spoken with him almost weekly
over the past several months, both In the meetings themselves, and also In informal fellowship that take
place after meetings where one can get to better know their fellows.
From what he has shared with me and other fellows, it is clear to me that he is focused on helping
others, and not just fellows, but his family and friends. He is also generous and kind with our fellows by
sharing his journey, strength, experiences and hope. He is a devoted father to his son
,and is
very supportive of his wife. In short, he is practicing the 12 step principles in all aspects of his life.
He also recognizes that he is in a unique situation given the public nature of his circumstances, and he
understands that he can help other fellows (and addicts who have not yet sought recovery) in ways that
others, Including me, cannot. It Is no small thing that Anthony can benefit so many others, and
especially now that this form of addiction Is exploding into the consciousness of the public.
I did not know Anthony before he started his recovery program in our fellowship, so I cannot compare
the person I know to the person he was before he sought recovery, It Is evident to me, however, that
Anthony is committed to his recovery. He has the “gift of desperation” that most addicts need to truly

 Case 1:17-cr-00307-DLC Document 24-8 Filed 09/13/17 Page 5 of 13

recover. (And as one who had to hit multiple bottoms to find that desperation, can completely
empathize with his situation.)

We are taught that anonymity is the spiritual foundation of our program. Thus I am constrained in
discussing matters outside of the rooms, but I hope I have conveyed to you a sense of who Anthony is
today and how he is living his life in recovery. I also truly believe that t would be much more beneficial
to his family and to others in his life if he can continue to be a presence in their lives.

 Case Document 24-8 Filed 09/13/17 Page 6 of 13

Exhibit 3 8

Case 1:17-cr-00307-DLC Document 24-8 Filed 09/13/17 Page 7 of 13

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moyxtihan
United States Courthouse
500 Pearl St.
NewYork,NY I0007l3I2

July 27, 2017
Honorable Judge Cote:
My name is

,

character.

and I am happy to write a letter on behalf of Anthony Weiner, and speak to his

My name is
, and I am a sex addict. I have known Anthony since November, when,
back from a treatment
center, he sfi[&l attending meetings for sex addicts in New York. While I am aware of his attendance at other
meetings through out the week, we share one weekly meeting in common, and like myself, Anthony isa regular,
consistent attendee. Afterward, more likely than not, we both will engage in fellowship with about eight to ten
other people for a period of around an hour.
A ftmdamental principal of any 12 Step Recovery program is anonymity, arid that what is said in the rooms

stays in the roon;s. The roon;s provide a safe place for any person to speak about who they are, come to grips
with what they have done, and seek a solution a spiritual solution so that they cart live a better, more
ftilfiffing life. A key feature of anyone sincerely using the rooms for this purpose is their honesty and openness.
—

—

So... I feel a degree of circumspectness on my part is appropriate. But let me make some clear statements that
I hope you will take into account in coming to your decision concerning Anthony Weiner.
First, Anthony is fully accepted in the fellowship as Anthony because his commithient to his own recovery is
apparent. His shares are shares of real self-examination, where others hear his thoughts on issues that they too
wrestle with in their recovery issues of responsibility, of self worth, of finding and relating to his Higher
Power, of the meaning of various Steps. In Anthony’s shares, one hears a man in recovery. One hears a man
accepting and dealing with life as best he can, in the present, with full integrity.
—

The meefin that I see Anthony at is one that features a weekly reading of an essay on one of the 12 Steps, in
order, and fellows discuss their understanding of the Step and where they are with it in their lives. It is not a
meeting of ‘getting current’, which has its place in recovery, but rather of exploration and deepening of one’s
sobriety. There are no final answers in recovery. My own recovery approaches four years and yet I lean; from
what Anthony has to say about the Steps in his life. His presence arid commitment to the program helps others,
and it helps n;e.
Second. Anthony is a man with real talents. Yes, he is intelligent. Yes, he is articulate. Those things have been
on public display through out his adult life. But he is also a man who can listen to others and hear them out
this shows up in fellowship. By what I have heard him say, he had a love for, and a personal satisfaction in,
public service in the best sense of that phrase.

—

Third, one chooses recovery not because it is easy, but ultimately, because one wants to. it is not simpiy about
giving up certain behaviors it is abotit changing all of one’s life Anyone in recovery from an addictive
compulsive behavior alcohol, gambling, drugs, overeating
finds anonymity useful as one goes about
working out that change. Anthony has not had that, and lie accepts that with a real grace, which, m and of
itself, is an example for all of us,
—

-

—

 Case Document 24-8 Filed 09/13/17 Page 8 of 13

Exhibit 39

Case 1:17-cr-00307-DLC Document 24-8 Filed 09/13/17 Page 9 of 13

Dear Judge Cote,
My name ‘:
and I am a sex addict. I have been in recovery and sober from
sexually compulsive behavior now for almost two years. I had known of Anthony
Weiner like so many others through newspaper headlines. In my active addiction,
I would read a new headline about Anthony and wonder, “Again? What’s wrong
with this guy? When is he going to learn?” All the while I myself was engaging in
similarly destructive behavior, doing the exact same things but lost in my own
denial. My pattern was the same though get caught, promise change, believe I
could change, try really hard ...but ultimately fail. The cycle would then repeat
and I had no control over it.
-

In my case that cycle repeated, and repeated until I hit bottom. With my marriage
on the line my wife found me a therapist and that therapist immediately pointed
me toe. In recovery I knew that my affliction had a name, “sex addiction” and
it was beyond the control of my will.
Not surprisingly, the headlines kept coming for Anthony. With a foundation of
recovery now under my belt I would read new headlines about Anthony and
identify with exactly what was going on. I saw a fellow sex addict. I prayed for
Anthony and wondered, “when am I going to see this guy in the rooms?”
That day finally came on November
I was both shocked and star struck by
his presence. Immediately after the meeting I told my wife and another fellow
about who I had just seen at the meeting. I realized I had broken a key tradition of
the fellowship I had compromised Anthony’s anonymity. I called my sponsor
and he told me I had to do a 10th step make direct amends to him for my wrong
the next time I saw him.
.

-

-

The next day after a meeting, I introduced myself to Anthony and I told him that I
had an amends to make. I explained how I compromised his anonymity. He met
the news graciously but told me that the rooms were his one safe place. I could
certainly understand that. He kept coming back though, and I kept coming back
and we became friends with a mutual respect for one another.

 Case 1:17-cr-00307-DLC Document 24-8 Filed 09/13/17 Page 10 of 13

Anthony has endured a great deal of suffering as a sex addict. This was amplified
by his public presence and the media making it twice as painful and challenging as
what most other sex addicts have to endure and overcome in recovery.
Anthony’s strength is like none other. He keeps coming back, he has never
faltered, and he has approached his recovery with determination an unbelievable
strength and humility. Anthony regularly does service at meetings from being a
literature co-chair (with me) to chairing meetings on his own. He took his time to
get there increasing his own responsibilities in the fellowship through support
from other members at first and then on his own. He has been growing, one step
at a time and not doing so to prove something to anyone or himself.
—

-

One of the things that really drives Anthony is being a great father, and he is!
Above everythi Anthony prides himself in
an atten
r and
-

‘

-

He derives great joy from being a dad, and[
lucky to have such an attentive and loving father
Nobody wants to be a sex addict. It’s a lonely life in our addiction filled with fear
and shame, devoid of feeling and color and completely unmanageable. But there
is a solution in the 12 steps fR and other such fellowships, and it does work.
I’ve seen real change in people who commit to making recovery their number one
priority, and in those who do the work. Anthony is one of those people doing the
work and who is on the path. I’ve already seen incredible changes in him.
He has been an inspiration to me and I’m grateful for the opportunity to write this
letter on his behalf. There is a very different man now in place of the headlines.
The behind the scene story is about a man in action who is in the process of
rehabilitation and change whos presence, fellowship and friendship is helping
others recover from their own sex addiction. There is a willing father and a
committed husband filled with love and a new sense of purpose driven by a
power greater then himself.
the time to read this letter. Regards,

 Case Document 24-8 Filed 09/13/17 Page 11 of 13

Exhibit 40

Case 1:17-cr-00307-DLC Document 24-8 Filed 09/13/17 Page 12 of 13

Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-13 12
Dear Hon. Denise Cote,

By the time I met Anthony
lost everything he possibly could, it seemed: his career, his marriage, I
reputation. Yet he was in a positive mood. He greeted and thanked every
person
who shared (a minor revealing habit, in terms of program commitment)
, and
when Anthony’s turn came he spoke with unmistakably authentic gratitude.
Such genuine positivity in so grim a situation may be difficult to understand,
however the relief of escaping the cycle of obsession and compulsion, as
Anthony finally had, is overwhelmingly powerful. The point is: Anthony was
for
real. He was humbled. Hopeful. And, that day, happy.
All he cared about now was his son. At lunch, once, I offered some
unsolicited advice about controlling his “story”. Instantly Anthony raised
his
hands, not merely with frustration but revulsion. “You’re not seeing this throug
h
the proper lens,
he said. “There’s no more story. There’s only
He
is my redemption. He’s all that matters now.” Over and over he’s said this.
He
means it. And he’s wrong. Because recovery needs him, too. Given his
dedication and natural leadership, he’s an invaluable asset to fellow sex addicts
,
to me. Probably one of the funniest things I’ve ever seen was a fiery former
congressman wading into the totally inept bureaucracy of a recovery busine
ss
meeting. “I’m sorry,” he interrupted, “but I really don’t think we can vote
on
that amendment until the preceding motion it’s amending is formally voted
on,
right?” In addition to hilarious and annoying and helpful, his procedural
intervention that day was further testament to Anthony’s devotion: while
most
(like me) are asleep during business meetings, and too self-absorbed to greet
and thank the person sharing, Anthony is wide-awake and connecting with
people who need him. (Ultimately I believe Anthony will have a historically
significant contribution to advancing sexual recovery.)
.

 Case 1:17-cr-00307-DLC Document 24-8 Filed 09/13/17 Page 13 of 13

I began this letter by say saying that, when I met him, it seemed as though
Anthony had lost everyth he possibly could. Obviously that wasn’t the case,
as he now stands to lose
and the recovery community that he depends
on and that depends on him. Nevertheless, at lunch again on Saturday he didn’t
focus on himself he asked me about my job search, if I was making enough
meetings, if I’d spoken with our struggling friend. As for him, he eventually he
said it was more of the same: his life was going to meetings and taking
care
He shook his head and grew quiet a moment, sadly reflecting, I
thought, on how comparatively small his life had become. Then he said,
longingly: “If only they’d let me keep doing it.”
.

I pray that you let him keep doing it. Sincerely,

 Case Document 24-9 Filed 09/13/17 Page 1 of 36

Exhibit 41

Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 2 of 36

July 24,2017
Hon. Denise L. Cote
United States District Judge
Daniel Patrick Moynihan
United States Courthouse
500 Pearl St.
New York, NY 10007-1312
Dear Judge Cote,
I am writing you, today, to share my personal reflections of Anthony Weiner.
Since meeting Anthony for the first time
I have seen him embrace his
recovery, grow spirituatly and take responsibility for his past. Acceptance and humility are two character
traits I
have seen develop most in Anthony over the past 10 months and I am proud of him for the work
he continues
to do to become a better person, father and husband.
While at
Anthony not only integrated himself into The daily routine at the residence, he quickly
became a mentor to the men who arrived after him. Anthony was also fully engaged in his group
therapy
sessions, community resoonsibilities and treatment programs which laid the foundation that he
would ultimately
leverage outside of
Anthony was a consistent participant at our (voluntary) 5:30 am morning devotional readings/disc
ussions and
was always there to do the evening
step” with his fellow “brothers”. In addition to this, Anthony was always
willing to help with cooking, inventorying of the food, cleaning as well as acting as support to
the men around
him.
Since leaving
Anthony and I have stayed in touch and I have been encouraged to heat how
continues to embrace his recovery by attending 12-step meetings and regularly staying in communicati he
on with
his network. If there is one thing that has remained consistent with Anthony is his unwavering
love for his son,
Having two sons of my own, I can appreciate Anthony’s relationship with
and know
is everything
to him.
Anthony is an example of how someone can change for the better given the right mindset, spiritual
foundation,
recovery tools and strong network and I know that my program is stronger because of him.

 Case Document 24-9 Filed 09/13/17 Page 3 of 36

Exhibit 42

 

Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 4 of 36
U S Department of Justice

United States Attorney
Southern District ofNew York
The S1IWo J Mollo Building
One Saint Andrew Plaza
New York, New York]0007

May 4,2017
Arlo Devlin-Brown, Esq.
Covington & Burling LLP
620 Eighth Avenue
New York, NY 1001$
Re:

United States v. Anthony Weiner,
l7Cr.( )

Dear Mr. Devlin-Brown:
On the understandings specified below, the Office of the United States Attorney for the
Southern District ofNew York (“this Office”) will accept a guilty plea from Anthony Weiner (“the
defendant”) to Count One of the above-referenced Information. Count One charges the defendant
with the transfer of obscene material to a minor, in violation of Title 1$, United States Code,
Section 1470, and carries a maximum term of imprisonment of 10 years, a maximum term of
supervised release of three years, a maximum fine of $250,000, and a $100 mandatory special
assessment. In addition to the foregoing, the Court must order restitution as specified below.
In consideration of the defendant’s plea to the above offense, the defendant will not be
further prosecuted criminally by this Office (except for criminal tax violations, if any, as to which
this Office cannot, and does not, make any agreement) for transmitting obscene material to, and
engaging in sexually explicit communications with, a person under the age of sixteen (the “Minor
Victim”) in or about 2016, which communications included the receipt of one or more depictions
of the Minor Victim engaged in sexually explicit conduct, it being understood that this agreement
does not bar the use of such conduct as a predicate act or as the basis for a sentencing enhancement
in a subsequent prosecution including, but not limited to, a prosecution pursuant to 1$ U.S.C. §
1961 et seq. In addition, at the time of sentencing, the Government will move to dismiss any open
Count(s) against the defendant. The defendant agrees that with respect to any and all dismissed
charges he is not a “prevailing party” within the meaning of the “Hyde Amendment,” Section 617,
P.L. 105-119 (Nov. 26, 1997), and will not file any claim under that law.
The defendant hereby admits the forfeiture allegation with respect to Count One of the
Information and agrees to forfeit to the United States, pursuant to Title 1$, United States Code,
Section 1467, all right, title and interest of the defendant in the following specific property used to
commit or to promote the commission of the offense: one iPhone, Serial No. f73PN3KRG5MG
(the “Specific Property”). The defendant agrees that he will not file a claim or a petition for
remission or mitigation in any forfeiture proceeding involving the Specific Property and will not
cause or assist anyone else in doing so. The defendant also agrees to take all necessary steps to
Rev. 07.20.2016

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 5 of 36
Page 2

pass clear title to the Specific Property to the United States, including, but not limited to, the
execution of all necessary documentation. It is further understood that any forfeiture of the
defendant’s assets shall not be treated as satisfaction of any fine, restitution, cost of imprisonment,
or any other penalty the Court may impose upon him in addition to forfeiture. The defendant
consents to the entry of the Consent Order of forfeiture annexed hereto as Exhibit A and agrees
that the Consent Order of forfeiture shall be final as to the defendant at the time it is ordered by
the Court.
The defendant further agrees to make restitution in an amount ordered by the Court in
accordance with Title 18, United States Code, Sections 3663, 3663A, and 3664.
In consideration of the foregoing and pursuant to United States Sentencing Guidelines
(“U.S.S,G.” or “Guidelines”) Section 6B1.4, the parties hereby stipulate to the following:
A. Offense Level
1.

The November 1, 2016 Guidelines apply to this offense.

2.

The offense level for Count One is calculated as follows:
a. The Guideline applicable to the offense charged in Count One of the
Information is U,S.S.G. § 2G3.1..
b. Pursuant to U.S.S.G.

§ 2G3.1(a), the base offense level is 10.

c. Pursuant to U.S.S.G. § 2G3. 1(b)(l)(E), because the offense involved
distribution to a minor that was intended to persuade, induce, entice,
coerce, or facilitate the travel of, the minor to engage in prohibited sexual
conduct, a 7-level increase is warranted.
d. Pursuant to U.$.S.G. § 2G3.1(b)(3), because the offense involved the use
of a computer or an interactive computer service, a 2-level increase is
warranted.
e. Pursuant to U.S.S.G. § 2G3.l(c) (“Cross-Reference-l”), because the
offense involved receiving and possessing material involving the sexual
exploitation of a minor, U.S.S.G. § 2G2.2 applies.
f.

Pursuant to U.S.S.G. § 2G2.2(c) (“Cross-Reference-2”), because the
offense involved causing a minor to engage in sexually explicit conduct
for the purpose of producing a visual depiction of such conduct and for the
purpose of transmitting a live visual depiction of such conduct, and
because the offense level under U.S.S.G. § 2G2. 1 is greater than the
offense level under U.S.S.G. §2G2.2, U.S.S.G. § 2G2.1 applies.

g. Pursuant to U.S.S.G.

Rev. 0720.2016

§ 2G2.l(a), the base offense level is 32.

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 6 of 36
Page 3

h. Pursuant to U.S.S.G. § 2G2. 1 (b)(1)(B), because the offense involved a
minor who had attained the age of twelve years but not attained the age of
sixteen years, a 2-level increase is warranted.
i.

3.

Pursuant to U.S.S.G. § 2G2.1(b)(6)(B)(i), because the offense involved the
use of a computer or an interactive computer service to persuade, induce,
entice, coerce, or facilitate the travel of, a minor to engage in sexually
explicit conduct, or to otherwise solicit participation by a minor in such
conduct, a 2-level increase is warranted.

Assuming the defendant clearly demonstrates acceptance of responsibility, to
the satisfaction of the Government, through his allocution and subsequent
conduct prior to the imposition of sentence, a 2-level reduction will be
warranted, pursuant to U.S.S.G. § 3E1.1(a). furthermore, assuming the
defendant has accepted responsibility as described in the previous sentence, the
Government will move at sentencing for an additional 1-level reduction,
pursuant to U.S.S.G. § 3E1.1(b), because the defendant gave timely notice of
his intention to enter a plea of guilty, thereby permitting the Government to
avoid preparing for trial and permitting the Court to allocate its resources
efficiently.

In accordance with the above, the applicable Guidelines offense level is 33.
3. Criminal History Category
Based upon the information now available to this Office (including representations by the
defense), the defendant has zero criminal history points.
In accordance with the above, the defendant’s Criminal History Category is I.
C. Sentencing Range
Based upon the calculations set forth above, the defendant’s stipulated Guidelines range is
135 to 16$ months’ imprisonment; however, because the statutory maximum is 120 months’
imprisonment, the stipulated Guidelines range is 120 months’ imprisonment (the “Stipulated
Guidelines Range”). In addition, afier determining the defendant’s ability to pay, the Court may
impose a fine pursuant to U.S.S.G. § 5E1.2. At Guidelines level 33, the applicable fine range is
$35,000 to $350,000.
The parties agree that neither a downward nor an upward departure from the Stipulated
Guidelines Range set forth above is warranted. Accordingly, neither party will seelc any departure
or adjustment pursuant to the Guidelines that is not set forth herein. Nor will either party in any
way suggest that the Probation Office or the Court consider such a departure or adjustment under
the Guidelines.

Rev, 07.20.2016

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 7 of 36
Page 4
The parties agree that either party may seek a sentence outside of the Stipulated Guidelines
Range based upon the factors to be considered in imposing a sentence pursuant to Title 1$, United
States Code, Section 3553(a). In light of the specific circumstances of the offense conduct in this
case and because the substantially increased Guidelines range results from the cross reference to
different sections of the Guidelines, the Government submits that a sentence within the range of
21 to 27 months’ imprisonment (which would be the applicable Guidelines range without
application of Cross-Reference-i and Cross-Reference-2) would be fair and appropriate. The
parties understand that this Agreement reflects the distinct facts of this case and is not intended as
precedent for other cases.
Except as provided in any written Proffer Agreement(s) that may have been entered into
between this Office and the defendant, nothing in this Agreement limits the right of the parties
(1) to present to the Probation Office or the Court any facts relevant to sentencing; (ii) to make any
arguments regarding where within the Stipulated Guidelines Range (or such other range as the
Court may determine) the defendant should be sentenced and regarding the factors to be considered
in imposing a sentence pursuant to Title 18, United States Code, Section 3553(a); (iii) to seek an
appropriately adjusted Guidelines range if it is determined based upon new information that the
defendant’s criminal history category is different from that set forth above; and (iv) to seek an
appropriately adjusted Guidelines range or mandatory minimum term of imprisonment if it is
subsequently determined that the defendant qualifies as a career offender under U.S.S.G. § 4B 1.1.
Nothing in this Agreement limits the right of the Government to seek denial of the adjustment for
acceptance of responsibility, see U.S.S.G. § 3E1.1, regardless of any stipulation set forth above, if
the defendant fails clearly to demonstrate acceptance of responsibility, to the satisfaction of the
Government, through his allocution and subsequent conduct prior to the imposition of sentence.
Similarly, nothing in this Agreement limits the right of the Government to seek an enhancement
for obstruction of justice, see U.$.S.G. § 3C1.1, regardless of any stipulation set forth above,
should it be determined that the defendant has either (i) engaged in conduct, unknown to the
Government at the time of the signing of this Agreement, that constitutes obstruction ofjustice or
(ii) committed another crime after signing this Agreement.
It is understood that pursuant to U.S.S.G. § 6Bi.4(d), neither the Probation Office nor the
Court is bound by the above Guidelines stipulation, either as to questions of fact or as to the
determination of the proper Guidelines to apply to the facts. in the event that the Probation Office
or the Court contemplates any Guidelines adjustments, departures, or calculations different from
those stipulated to above, or contemplates any sentence outside of the stipulated Guidelines range,
the parties reserve the right to answer any inquiries and to make all appropriate arguments
concerning the same.
It is understood that the sentence to be imposed upon the defendant is determined solely
by the Court. It is further understood that the Guidelines are not binding on the Court. The
defendant acknowledges that his entry of a guilty plea to the charged offenses authorizes the
sentencing court to impose any sentence, up to and including the statutory maximum sentence.
This Office cannot, and does not, make any promise or representation as to what sentence the
defendant will receive. Moreover, it is understood that the defendant will have no right to
withdraw his plea of guilty should the sentence imposed by the Court be outside the Guidelines
range set forth above.

Rev. 07,20.20 16

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 8 of 36
Page5

It is agreed (1) that the defendant will not file a direct appeal; nor bring a collateral
challenge, including but not limited to an application under Title 2$, United States Code, Section
2255 and/or Section 2241; nor seek a sentence modification pursuant to Title 1$, United States
Code, Section 3582(c), of any sentence within or below the range of 21-27 months’ imprisonment
and (ii) that the Government will not appeal any sentence within or above the Stipulated Guidelines
Range. This provision is binding on the parties even if the Court employs a Guidelines analysis
different from that stipulated to herein. Furthermore, it is agreed that any appeal as to the
defendant’s sentence that is not foreclosed by this provision will be limited to that portion of the
sentencing calculation that is inconsistent with (or not addressed by) the above stipulation. The
parties agree that this waiver applies regardless of whether the term of imprisonment is imposed
to run consecutively to or concurrently with the undischarged portion of any other sentence of
imprisonment that has been imposed on the defendant at the time of sentencing in this case. The
defendant further agrees not to appeal any term of supervised release that is less than or equal to
the statutory maximum. The defendant also agrees not to appeal any fine that is less than or equal
to $350,000 and the Government agrees not to appeal any fine that is greater than or equal to
$35,000. Notwithstanding the foregoing, nothing in this paragraph shall be construed to be a
waiver of whatever rights the defendant may have to assert claims of ineffective assistance of
counsel, whether on direct appeal, collateral review, or otherwise. Rather, it is expressly agreed
that the defendant reserves those rights.
The defendant hereby acknowledges that he has accepted this Agreement and decided to
plead guilty because he is in fact guilty. By entering this plea of guilty, the defendant waives any
and all right to withdraw his plea or to attack his conviction, either on direct appeal or collaterally,
on the ground that the Government has failed to produce any discovery material, Jencks Act
material, exculpatory material pursuant to Brady v. Maryland, 373 U.S. $3 (1963), other than
information establishing the factual innocence of the defendant, and impeachment material
pursuant to Giglio v. United States, 405 U.S. 150 (1972), that has not already been produced as of
the date of the signing of this Agreement.

The defendant recognizes that, if he is not a citizen of the United States, his guilty plea and
conviction make it very likely that his deportation from the United States is presumptively
mandatory and that, at a minimum, he is at risk of being deported or suffering other adverse
immigration consequences. The defendant acknowledges that he has discussed the possible
immigration consequences (including deportation) of his guilty plea and conviction with defense
counsel. The defendant affirms that he wants to plead guilty regardless of any immigration
consequences that may result from the guilty plea and conviction, even if those consequences
include deportation from the United States. It is agreed that the defendant will have no right to
withdraw his guilty plea based on any actual or perceived adverse immigration consequences
(including deportation) resulting from the guilty plea and conviction. It is further agreed that the
defendant will not challenge his conviction or sentence on direct appeal, or through litigation under
Title 28, United States Code, Section 2255 and/or Section 2241, on the basis of any actual or
perceived adverse immigration consequences (including deportation) resulting from his guilty plea
and conviction.

Rev. 07.20.2016

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 9 of 36
Page 6

The defendant understands and acknowledges that, under the Sex Offender Registration
and Notification Act, a federal law, he must register and keep the registration current in each of
the following jurisdictions: where he resides, where he is employed, and where he is a student.
The defendant understands that the requirements for registration include providing his true name,
residence address, and the names and addresses of any places where he is or will be an employee
or student. The defendant further understands that the requirement to keep the registration current
includes informing at least one of the aforementioned jurisdictions not later than three days after
any change of name, residence, employment, or student status. The defendant understands that
failure to comply with these obligations subjects him to prosecution for failure to register under
federal law, Title 18, United States Code, Section 2250, which is punishable by a fine,
imprisonment, or both.
it is further agreed that should the conviction following the defendant’s plea of guilty
pursuant to this Agreement be vacated for any reason, then any prosecution that is not time-barred
by the applicable statute of limitations on the date of the signing of this agreement (including any
counts that the Government has agreed to dismiss at sentencing pursuant to this Agreement) may
be commenced or reinstated against the defendant, notwithstanding the expiration of the statute of
limitations between the signing of this Agreement and the commencement or reinstatement of such
prosecution, It is the intent of this Agreement to waive all defenses based on the statute of
limitations with respect to any prosecution that is not time-barred on the date that this Agreement
is signed.
It is further understood that this Agreement does not bind any federal, state, or local
prosecuting authority other than this Office.

Rev. 07.20.20 16

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 10 of 36

Page 7
Apart from any written Proffer Agreement(s) that may have been entered into
between this
Office and defendant, this Agreement supersedes any prior understandings.
promises,
or
conditions between this Office and the defendant. No additional understandings,
promises,
or
conditions have been entered into other than those set forth in this Agreement,
and none will be
entered into unless in writing and signed by all parties.
Very truly yours,

JOON H. KIM
Acting United-St t

Attorne

By:

Amatiäa iIrtStephate
Assistant United States Attorneys
(212) 637-247811066
APPROVED:

)I

Han Graft
Co-Chief, Ge ral Crimes Unit
AG

ED ND CONSENTED TO:

thony Weiner
APPROVED:

DATE

-

S

O%A.
Mo Dev1in-Brown Esq.
Attorney for Anthony Weiner

Rev. 01.20.2016

DATE

It0JM

 Case Document 24-9 Filed 09/13/17 Page 11 of 36

Exhibit 43

Case Document 24-9 Filed 09/13/17 Page 12 of 36

REDACTED

Case Document 24-9 Filed 09/13/17 Page 13 of 36

Exhibit 44

Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 14 of 36

hciã
CIA

September 8, 201 7

Crirnhtal Justice Services
3o RtthrrI RHad
1tiini±, lui IHd

Arlo Devlin—Brown, Esq.
Covington & Burling LLP
The New York Times Building
620 Eighth Avenue
New York, NY 10018-1405

4% 44() 353i4W
4W2658OHfrLE

RE Anthony Werner/Treatment 4vailable From BOP

Il t1 El

IF

FIr

Mr. Devlin-Brown,

You asked us to evaluate the sexual offender treatment available for Mr. Weiner
within the federal Bureau of Prisons, based on his individual circumstances as
well as the current BOP policies and program availability. We took into account
his diagnoses and recommendations from his therapist, Dr. Paul Kelly, as well as
the Adult Sexual Offense Risk Evaluation Psychosexual Assessment by Dr.
Shoshanna Must. We gathered the most current and relevant information publicly
available regarding the BOP sexual offender programs, including information
from the BOP itself and the U.S. Government Accountability Office.
-

We conclude that because of Mr. Weiner’s relatively low risk of offending, the
30? policies prioritizing higher risk inmates, and the long waiting list for HOP
sex offender programs, it is unlikely that Mr. Weiner would receive any treatment
in the BO? if he were to be sentenced to incarceration.

Mr. Weiner s Treatment Possibilities in the BOP:

Per the Risk Evaluation/Psychosexual Assessment, Mr. Weiner has a low-moderate risk
range. Since he is rated as having a low-moderate risk of re-offending, it is highly
unlikely that he will be placed in the residential program. According to the BOP program

irzdivithcaljbcus. commimity perspective.

i!lIJE

I
H

Hi:

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 15 of 36

statement 5324.101. “[p]lacement in the residential program is reserved for inmates with
more extensive sex offense histories.” Technically, he could “self-refer” to be placed in
the residential program, but practically speaking he is only eligible to participate in the
non-residential treatment program.
Mr. Weiner is also unlikely to qualify for a BOP non-residential treatment. As an initial
matter. there is an extensive waitlist for such programs. The last available data (from
2012) shows a waiting list for SOTP-NR of 1,776 inmates.2 It is reasonable to expect
that number on the waiting list to have actually increased in the last 5 years since 2012,
because in the preceding four years it jumped 400% (from 381 inmates in 2008.)
Moreover, aside from the waitlist issues, these programs are typically offered to inmates
facing lengthier terms of incarceration. According to the BOP, “To complete the SOTP
NR, the imnate must ordinarily have no less than 21 months to his/her projected release
date.” The BOP assumes that an inmate will receive good conduct time (GCT) when
determining their projected release date, so any sentence within a 21-27 month range
would either have a projected release date of less than 21 months or would be very close
to this cut-off None of the eight SOTP facilities are in the New York area.
Even in the unlikely event he were able to get into the program, the 30P’s non
residential program offers group treatment sessions 2 to 3 times per week and does not
offer individual therapy sessions. This is siguificantly less intensive than that which he
currently participates in, and what would be available to him if he were placed on
probation.
There are relatively few academic studies that have been done on effectiveness of
rehabilitation programs for sex offenders (and none we found focused on the BOP).
However, one 2006 meta-analysis of studies conducted on such programs in the U.S. and
worldwide by the Washington State Institute for Public Policy found that while cognitivebehavioral treatment of sex offenders in prison does significantly reduce recidivism, by
contrast such treatments for offenders on probation “demonstrated the largest effects
observed in OUf analysis.”4 The BOP has not completed an evaluation of the
effectiveness of any of their sex offender programs, despite being legally required to do
so on a regular basis.5

BOP Program Statement 5324.10 dated February 15, 2013.
Timelier Reviews, P/an ftw Evaluations, and Updated Policies Could Improve Inmate Mental 1-Iealth Services
Oversight, Government Accountability Office, pg. 50 (July 2013).
4
Evidence-Based Adult Corrections Programs: Wtiat Works and What Does iVot, Washington State Institute for
Public Policy. pp. 5-6 (January 2006).
Timelier Reviews. pp. 26-27.
2

flCia individualtbcus.

coinrnumtii perspective.

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 16 of 36

In sum, based on Mr. Weiner’s needs and circumstances, and the facts on the ground at
the BOP, it is highly unlikely he would receive any treatment there. It is also apparent
that the treatment available to Mr. Weiner in the community is much more intensive than
any program he would be (nominally) eligible for if he were incarcerated. On the
following pages, we have included the text of the relevant BOP Program Statement,
adapted for readability. Please do not hesitate to contact me with any questions or
concerns.

:7
Sinc1y,

1’
Allen, Esq.
Senior ounset
tNhA, Inc.
jlletncianetg
443-780-1355 (direct)

flCia individualtocits. community perspective.

Puçie 3

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 17 of 36

BOP Sex Offender Treatment & Management6

The Bureau of Prisons recognizes sex offenders as a vulnerable population within
a
prison setting. To that end, the 30? offers a Sex Offender Management Progra
m
(SOMP) at eight facilities, with the expressed goal of promoting the well-being
of sex
offenders while incarcerated and reducing the likelihood of re-offense after release
.
Approximately 40% of the population at SOMP institutions is sex offenders.
The Bureau of Prisons offers treatment and management to sex offenders with a
history
of sexual offenses who voLunteer for treatment. The 3ureau provides two levels
of
treatment intensity: residential and non-residential. Eligibility for participation
in a
treatment program depends on an offender’s evaluated risk of future sexual offend
ing.
Institutions offering this treatment often have a higher proportion of sex offend
ers in their
offender population. This higher concentration of sex offenders within an institu
tion
helps offenders feel more comfortable acknowledging their concerns and seekin
g
treatment. If an inmate is interested in receiving sex offender treatment, they should
contact Psychology Services to learn if they are eligible for the program. They
may apply
at any point in their sentence. However, inmates ordinarily enter treatment when
they
have between 24 to 42 months remaining on their sentence.
Residential Sex Offnder Treatment and Management Program (SOTP-R)

Residential treatment involves high intensity programming designed for high-risk
sexual
offenders. The program consists of cognitive-behaviorally based psychotherapy
groups,
totaling 10 to 12 hours per weeks for a period of 12 to 18 months. Participants
in the
residential program typically have multiple sex crimes, extensive non-sexual
criminal
histories, andlor high level of sexual deviancy or hyper-sexuality. The Bureau
provides
this program at F MC Devens in Massachusetts and US? Marion in Illinois. Partici
pants
benefit from a unit-based program with a cognitive behavioral emphasis. The
program
provides a modified therapeutic community in a prison setting that stresses
pro-social
values and behaviors needed in the outside community. Offenders receive treatm
ent five
days per week.
The SOTP-R is available at the following facilities:
• -f MC Devens, Ayer, MA Administrative Security
• US? Marion, Marion, IL Medium! High Security
—

—

Adapted from BOP Program Statement 5324.10.

flCia H1d widttczl

focus. COmlflhlWtl/ perspective.

Page 4

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 18 of 36

Non-Residential Sex Offender Treatment and Management Program tSOTP-NR)
Non-Residential treatment program is a moderate intensity program designed for low to
moderate risk sexual offenders. The program consists of outpatient cognitivebehaviorally based psychotherapy groups meeting 2-3 times per week totaling 4 to 6
hours per week. Program completion takes between 9 to 12 months. Most participant in
the non-residential program have a history of a single sex crime, many are first time
offenders serving a sentence for an internet sex offense. Participants learn basic skills and
concepts to help them understand their past offenses and to reduce risk of future
offending. The program shares the SOTP-R’s treatment philosophy and program
materials, but lacks the frequency of treatment groups and the program duration of the
SOTP-R. In addition, because participants reside in the general population, there is no
modified therapeutic community.
The SOTP-NR is available at the following facilities:
• fCI Elkton, Lisbon, OH Low Security
• fCI Englewood, Littleton, CO Low Security
• FCI Seagoville, Seagoville, TX Low Security
• fCI Marianna, Marianna, FL Medium Security
• USP Marion, Marion, IL Medium Security
• fCI Petersburg, Hopewell, VA Medium Security
• fCI Tucson. Tucson, AZ High Security
• F MC Carswell, fort Worth, TX Female, Administrative Security
-

-

-

—

—

-

—

—

Core Program Elements
The SOTP’s treatment model is built around the following elements:
Risk Assessment
Program placement and treatment planning decision will be guided by an appraisal of
each treatment participant’s recidivism risk level. Risk assessment will be conducted
prior to placements into treatment to ensure the inmate received a level of programming
commensurate with his/her treatment needs.
Individualized Treatment Plan
SOMP staff develop, individual treatment plans for each participant, considering risk and
diagnostic factors.
iionitoring Treatment Progress
Treatment programs periodically evaluate participants’ progress toward achieving
treatment goals by ensuring that skills learned in treatment are practiced and generalized
to various settings.

flCla iidzvditaltocus. commumty perspective.

Paqe

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 19 of 36

Targeting Criminogenie Need
Treatment program implement interventions that target criminogenic needs, such as
offense-supporting beliefs, to reduce the likelihood of misconduct and recidiv
ism.
Clinical Supen’ision
The SOMP Coordinator is responsible for the clinical supervision of the SOMP staff,
with supervision sessions occurring no less than once a month. Supervision may includ
e,
but is not limited to, such methods as supervisor modeling, didactic instruction and
assigned readings, and skills-based training.
Cognitive Behavioral Therapy (C’BT)
CBT is a treatment model that has proven to be effective with sexual offenders and
other
inmate populations. The Bureau has chosen CBT as its theoretical model for sex offend
er
treatment programs.
Modified Therapeutic C’omrnunitv (oniy in the residential program)
Residential-based treatment program in the Bureau follow the unit-based treatm
ent model
of an modified therapeutic community. A modified therapeutic community in a prison
setting stresses pro-social clause and behaviors that are needed in the outside commu
nity.
Therapeutic Activities Outside of Treatment Sessions (onlv in the residential progra
m)
In residential treatment programs, treatment staff promote activities that have a
therapeutic impact in the treatment community. Examples include promoting positiv
e
peer pressure and peer feedback on the residential unit, assigning attitude checks and
rational self-analyses to be completed outside of group, conducting community meetin
gs,
etc.
Program Level
For each referred inmate, the referring psychologist will make an initial determination
of
the appropriate program level (i.e. residential or non-residential) based on instructions
from the 30P computer system. Sallyport. Ordinarily, placement in the residential
program is reserved for inmates with more extensive sex offense histories.
Treatment Phases
Phase One: Orientation
• Develop the basic interpersonal skills necessary to participate in treatment groups
.
• Develop basic cognitive-behavioral skills.
• Demonstrate a willingness to discuss their offense conduct and/or relevant sexual
behavior with treatment staff and other group members.
• Consistently demonstrate a commitment to treatment.

ncia inthviduczl fhcits.

COmm UT? it

perspectzt’e

Paqe 6

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 20 of 36

Phase Two: Core Treatment
• Structured psychoeducational programs and discussion groups
• Acquire and practice cognitive-behavioral and other pro-social skills.
• Participate in a Process Group, demonstrating an appropriate level of selfdisclosure.
Phase Three: Transition
• The transition phase provides an opportunity for the participant to continue
practicing cognitive-behavioral skills acquired in treatment in a variety of
contexts. Participants remain in the phase until they complete the objective
specified on their treatment plan.
How to enter the program
• All treatment is voluntary, the inmate must request to be admitted to the progra
m
• Inmates may self-refer for sex offender treatment services by submitting an
Inmate Request (BP-A0 14$) to Staff to the Chief Psychologist at the inmate’s
current institution. Participants may enroll in the sex offender program at any
time
during the course of their sentence, provided they have time to complete the
program.
• To ensure that the maximum numbers of inmates have the opportunity to benefit
from the sex offender treatment programs, inmates are priorities for placement
based on their Projected Release Date (PRD).
• Eligibility Criteria
o The inmate must meet the definition of a sexual offender, as defined in the
Program Statement.
o Inmate must have sufficient time remaining on his/her sentence to
complete the program including time to transfer to the SOMP institutions
and receive placement in the community programs. There is a waitlist for
both programs.
a
To complete the SOTP-NR, the inmate must ordinarily have no
less than 21 months to his/her projected release date.
Referral for re-designation should be initiated when an
inmate has 36 months to projected release.
• To complete the SOTP-R, the inmate must ordinarily have no less
than 27 months to his/her projected release date.
o Ordinarily, the inmate should have no 100- or 200- level incident reports
in the last year. Inmates with three or more 300- and 400-level incident
reports may be precluded from placement in treatment.

flCia indivcitia1 fbczis, corn mun it perspecti’e,

Pacje 7

 Case Document 24-9 Filed 09/13/17 Page 21 of 36

Exhibit 45

Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 22 of 36

CURRICULUM VITAE

Barbara S. Levinson, PhD, CNS, LMFT. LSOTP-S
2400 Augusta Drive. Suite 120
Houston, Texas 77057
Office: (713)785-7111
fax: (713) 785-2657
e-mail address: blchs(imsn.com
\ w. cc erhwh ea lii \
\ttu I V. ct H

ACADEMIC PREPARATION
1984- 5/)994

University of Texas, Austin, Texas. Ph.D. in Psychiatric Nursing.
Received degree May 1994

1978

Hunter

1976

Pace University, New York. .S.N. Degree

1969

Bronx Community Cnl1ee, New York. A.A.S. Degree in Nursing

1965

Central School for Practical Nurses

New York. M.S.N. in Psychiatric Nursing Clinical Specialist
-

PROFESSIONAL EXPERIENCE

2/1991-present

Private Practice
Ceister for Healthy Sexuality
Director Barbara Levinson
2400 Augusta Drive, Suite 120
houston, Texas 77057
£vc’cutivc’

—

Specializing in:
Sexual Problems/Healthy Sexuality
Paraphilias
Sexual Compulsive/Addictive Disorders
Internet Compulsivity/Addictions
Sexual Trauma/Abuse: Men & Women
Sex Offender Treatment
Assessment & Treatment of Pedophilia!Chitd Pornography Users
Mood and Anxiety Disorders
Post-Traumatic Stress Disorder
Obsessive/Compulsive Disorder
Marital and Relationship Problems
GLBT Issues

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 23 of 36

02/1991-06/1993

Belle Park Hospital
4427 Belle Park Drive
Houston, Texas 77072
Director ot Family Services. Belle Park Hospital
Responsible for the creation, implementation, and supervision of an intensive
family program, which included, but was not limited to:
family Assessments

family Therapy
Family Group Services
Intensive Family Weekend
Crisis Intervention
Sex Offender Program
Family Community Education Services
Professional Training Programs
02/1990 02/1991
-

Director of Inpatient Services, Belle Park Hospital
Responsible for supervision and direction of all in-patient clinical services
including Unit Programming, Therapy, Social Work, Clinical Support
Therapy Services as well as Director of Nursing Duties

07/1985 02/1990
-

Director of Nursina. Belle Park Hosnital
Responsible for supervision and direction of all nursing employees

07/1984 07/1985
-

Austin State Hospital
4110 Guadalupe
Austin, Texas 787514296
Nurse Administrator 11.7. Austin State Hospital
Responsible for the overall supervision and administration of the 11-7 shift

08/1983 07/19$4
-

Green Oaks (A Psychiatric Hospital)
P. 0. Box 749014
Dallas, Texas 75374-9014
Director of Clinical Services, Green Oaks
Responsible for the overall administrative, clinical supervision and organization
of all Clinical Services ftinciions, which include:
Group
Family and Milieu Therapies
Crisis Intervention
Supportive Therapy
Educational, Vocational and Activities Therapies
Nursing Services
Administered Clinical Services Budget
Established and implemented standards of care
Provided In-Service and Staff Development Programs
Developed and implemented on-going supervision and training to
professional staff in structural-strategic family Therapy.
Set standards of practice in compliance with J.C.A.H.
2

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 24 of 36
01/1980 0811983
*

Grant Center Hospital
20601 S. W 157th Avenue
Miami, florIda 33187
Director of Nurs1n, Grant Center Hospital
Responsible for:
Supervision/Hire/Fire of a staff of 180 employees

Coordinate Staff Development Program
Established/Implemented Safety Standards in Therapeutic Nursing
Redesigning Quality Assurance Program
Quality Assurance Liaison
Total responsibility for Family Therapy Training Program
Developing Program using Strategic Theory and Methodology
Developed Nursing Student Training program with practicum for
Master’s level nursing students and undergraduates
Aided in the development and subsequent supervision of all students,
i.e., M.D., Psychology, Social Work, Nursing
Private Practice

Treated both families and individuals. Patients were seen in evenings and
weekend hours.
08/1978 01/1980
-

Harlem Valley Psychiatric Center
The King Street Center
16 King Street
Port Chester, New York
Director of the King Street Center

Responsible for:
Designing the clinic model and the services it renders to the population
of Rye, Harrison and Port Chester counties
Coordination of all clinical services being rendered, which included:
Crisis Intervention
Long and short term therapy (individual, family, and group)
Clinical supervision of multi-disciplinary staff
Total administrative responsibility for the clinic
Teaching of Family and Systems Theory to Psychiatrists and other
Mental Health Professionals on staff
Extensive work with the Police in Port Chester in teaching of Crisis
Intervention and Conflict Management to Police Officers

04/1978 08/1979
(part-time)
-

Misericordla Hospital
Bronx, New York
Liaison Psychiatry Consultant

Responsible for assessing all psychiatric patients that came into the Emergency
Room and making appropriate recommendations
Consulted on the general medical and surgical floors when there was some
difficulty with a patient.
3

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 25 of 36
11/1977 0811978
-

Harlem Valley Psychiatric Center
Sound Shore Community Services
New Rochelte New York
Crisis Intervention and Family Therapy Consultant
Worked with a multi-disciplinary team providing crisis intervention services
for individuals and families
Responsible for on-going crisis cases and providing supervision in crisis
intervention, brief therapy and family therapy.
Gave seminars on Family Therapy
Acted as Administrative Consultant to the team leaders
Active in setting up community liaisons with the Police

07/1969 11/1977
-

Bronx Psychiatric Center
Bronx New York
Albert Einstein College of Medicine; Tremont Crisis Center
Faculty Member. Residence Training Program, Tremont Crisis Center
Tremont Crisis Center was a program designed to train psychiatric residents
generically in an outpatient community based facility. The center had
responsibility to provide mental health services to a catchments area of 120,000
people in the Tremont area of the Bronx.
Out-patient Director. $177 11/77, Tremont Crisis Center
-

Coordinated all out-patient center activities
Oversaw Clinical Services rendered by the tbeility
Responsible for teaching and the direct supervision of the Staff Members!
Psychiatric Residents doing Family Therapy and Crisis Intervention

Crisis Team Leader, 2174 8/77, Tremont Crisis Center
Crisis Team Member. 11/71 2/74. Tremont Crisis Center
-

-

Administrative and Clinical Responsibilities

Community Liaison, 6/71

-

I 1/71. Tremont Crisis Center

Developed Community Resources File
Acted as Liaison between Tremont Crisis Center and community agencies
Responsible for developing agency contacts and advertising the Center’s
functions

4

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 26 of 36
Head Nurse. Staff Nurse. Bronx Psychiatric Center Traininajinlt, 6/69
6/71

-

As Head Nurse:

Coordinated and directed nursing staff
Co-therapist in a mural group for six months
Co-therapist in a psychodrama group for six months
As Staff Nurse:
Assisted in the day-to-day operation of a 15-20-patient ward
Assisted in the flrmulation of Treatment Plans
Primmy Therapist for several patients
Received supervision in long-term therapy
04/1965- 08/1967

Coney Island Hospital
Brooklyn, New York
Licensed Practical Nurse, Coney Island Hospital
Staff Nurse on a medical floor for 6-month period

12 to $ shift on OBS-GYN for 1-1/2 years
Charge Nurse on the 12 to $ shift (Labor and Delivery/Anti-partum/Post
partum/Nurseiy Rotation

10/1964 04)1965
-

Grade Square Hospital
New York City, New York
Licensed Practical Nurse. Grade Square Hospital
Staff Nurse-Psychiathc Ward with 30-35 patient population

06/1 963 10/1964
*

Creedmore Slate Hospitat
Queens, New York
Ward Attendant. Creedmore State Hospital
Worked in the Chitdren’s Building on the blind children’s ward. Also rotated to
other wards and worked with children between the ages of 3 to 16 years of age.

SPECIAL TRAINING
Licensed Sex Offender Treatment Provider (LSOTP)
Extensive training in the treatment of Sex Offender population
Over 25 years of experience working with this patient population

5

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 27 of 36
SPECIAL TRAINING (continued)
Certified Sex Addiction Therapist and Supervisor by IITAP (International
Institute for Trauma and Addiction Professionals)
Extensive training and over 25 years of experience In the treatment of
Sex Addiction, Sexual Dysfunction, and Sexual Compulsivity
Treated patients with the following paraphilias:
Pedophilia
Child Molestation
Exhibitionism
Voyeurism
Fetishes
Sadomasochism
Frottage
tncest
Cross Dressing
Extensive training with Internet Addiction/Child Pornography from
leading experts in the field and law enforcement agencies.
Attended several seminars on criminal profiling
Extensive background in the treatment of persons convicted
of possession/transportation of child pornography via the Internet
Over 25 years of experience treating Internet Addiction/Computsivity
Certified Diplomate of Sex Therapy (AASECT) American
Association of Sexuality Educators, Counselors and Therapists
Monarch 21 Clinician Level I for Administration of the Penile Plethysmograph (PPG)
Monarch 21 Clinician Level If for Clinical Interpretation of the Penile
Plethysmograph (PPG)
Survivors of Incest: Extensive group therapy and supervision
Extensive Family Therapy training in Structural Strategic Approach
Ericksonian Approach to Hypnotherapy
Strategic family Therapy Team-Training- 3 Years
Family Therapy Seminars-Levels One & Two-Albert Einstein Faculty-2 Years
500 Hours of Clinical Supervision on Family cases-Albert Einstein faculty
Over 300 Hours of Clinical Supervision in Individual Therapy-Albert Einstein
Faculty
Over 100 Hours of Clinical Supervision in Group Therapy-Albert Einstein
Faculty
Group Process Seminar-Albert Einstein Faculty-I Year
3 Years of Clinical Supervision in Psychopharmacology
Supervision in Cognitive Behavioral Interventions
EMDR (Eye Movement Desensitization and Reprocessing) Levels t & It Training
6

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 28 of 36
SPECIAL TRAINING (continued)
2006-2009 Professional Improvement Program conducted by Patrick Cames
3 year-long comprehensive program with quarterly meetings to focus on
new research and the development of innovative strategies to deliver a
cost effective, structured intensive program for sex addicts and sex

offenders
SPECIAL CONTRACTS
U. S. Department of Justice (Federal Probation)

U. S. Department of Justice (Pre-Tnat Services)

fort Bend County Probation

CONSULTATIONtrEACmNG EXPERIENCE

1985 Present
-

Presented at several conferences on Sex Offender Treatment and Treatment of
Sex Addiction. Have consulted with physicians, lawyers, judges, and other
health care professionals on the treatment of sex offenders, sex addiction, sexual
compulsivity, and cybersex addiction
Presented at numerous conferences/probation offices/community programs on
Cybersex Addiction: Diagnosis and Treatment, Healthy Sexuality;
Assessment & Diagnosis, Use of the DSM, Disclosure in Couple Therapy,
Developed Task-Centered Approach for Sex Offenders, Interpretation of the
Sexual Dependency Inventory ($DI-R) & Post Traumatic Stress Index (PTSD.
R); Sexual Addiction in the Gay Community: Diagnosis & TreaUnent
Similarities/Differences in Sex Addicts and Sex Offenders, Healthy Sexual
Relationships: A Guide to Intimacy; Schema Therapy: Basic Concepts for Use
in Sex Offender Treatment; Cybersex Issues and the Mmd of the Offender;
Understanding Partner Trauma; Sex Addiction: Viewing Child Pornography:
Making a Diagnosis of Pedophilla: Criteria, Indications, and Problems;
Cybersex Issues and The Mind of the Offender: Sex Addiction: Viewing Child
Pornography; Sex Offender Treatment Issues

1985 1991

Consultant for Hospital Corporation of America
Performed surveys on Quality Assurance
Consult with nursing departments regarding staffing, standards of practice, and
organization of nursing services, computerization, and team building
Consult with hospitals on instiWting nursing diagnosis
Led Quality Assurance seminars and workshops

1985— Present

Lectured on co-dependency, healthy sexuality, sexual addiction, love addiction
Cybersex addiction, Typology of Sex Offenders, and sexual
preference
Extensive public speaking experience
Guest appearances on numerous radio and television programs covering topics
of Sex Offenders, Sex Addiction, and Voyeurism
Lecwred extensively to professionals on Family Therapy
Supervised Masters level students in nursing from the University of Texas

-

7

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 29 of 36
CONSULTATION I TEACHING EXPERIENCE (cont.)
1987

Developed an R. N. internship Program for 4 Hospital Corporation of America
Hospitals in Houston, Texas
Chairman of the Regional Director ofNursing Meeting in Houston
Consulted with several hospitals outside of the Houston area in Quality

Assurance/Quality Improvement

1985 1994

Faculty member for Care Communications of Chicago. As thculty member,
have presented at several QA conferences throughout the nation.

1982 1983

Clinical practicum instructor and lecturer

1976 1980

Conducted Human Network Peers Seminars as weekend workshops on Family
and Network Skills in Tarrytown, N.Y., Canada, New Jersey and Albany, New
York

1977 1980

Consultant to psychiatrists in private practice on strategic skills used in family
Therapy.

1969 1977

Supervised psychiatric residents in Crisis Intervention Theory

1974 1976

Conducted Crisis intervention Workshops for Police Deparunent in New York,
Brooklyn Community College (guidance counselors), Middletown Psychiatric
Clinic, Cannel Psychiatric Clinic, and Bronx Community College Health
Services.

-

-

-

-

-

-

COMMUNITY ACTIVITIES:
1992 Present
-

Active in the community Public speaking on Television and Radio Programs
Local Channel 2 News features “Ask Dr. Barbara” on multiple news programs
-

Presenter at Conferences and attendance at numerous health fairs and meetings
of probation officers only to list a few.
1985 1992
-

Member of the Referral Development Committee at Belle Park
Lectured extensively to community groups
Co-Chair of the Multi-Ethnic Cultural Committee

1974 1976
-

Established a direct liaison with the 48th Precinct, N. Y. Police Department
Initiating workshops between the 48th Precinct N. Y. Police Department,
staff and residents of TCC
Conducted groups at the precinct on Mental Health and Crisis intervention
Over $00 hours of direct work on patrol with N. Y. Police, responding to
crisis calls, family disputes, or other related emergencies
Attended the Police Academy Seminars on Crisis Intervention and Conflict
Management
Taught a ten-week seminar on Crisis Intervention and Conflict Management to
Police Officers, South Bronx, 48th, 44th 4lst,40th, and 42fld Precincts

8

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 30 of 36
LICENSURES. CERTIFICATIONS AND AFFILIATIONS
Clinical Nurse Specialist in Psychiatric/Mental Health. State of Texas
Licensed Sex Offender Treatment Provider (LSOTP)
Licensed Sex Offender Treatment Provider Supervisor
Licensed Sex Offender Treatment Provider I Supervisor) Deregistration
Evptuatlon Specialist
Licensed Marriage and Family Therapist tLMFfl
A.N.A. Certified Clinical Nurse Specialist in Psychiatric/Adult Menial Health Nursing
Certified Diplomate of Sex Therapy (AASECf-American Assoctation of
Sexuality Educators, Counselors, and Therapists)
Certified Sex Addiction Therapist (IITAP-International Institute for
Trauma and Addiction Professionals)
Certified Sex Addiction Therapist Supervisor (IITAP- International
Institute tot Trauma and Addiction Professionals)
Certified Multi-Addiction Therapist (IITAP- International
Institute for Trauma and Addiction Professionals)
Certified EMDR Therapist by EMDRIA (Eye Movement Desensitization
Reprocessing) EMDR has been extensively researched and proven to
be an effective method for the treatment of trauma
Adiunct Professor, University of Miami, Ftorida International University,
1980-1983
Adjunct Professor. University of Texas, 1985 to Present
Affiliate Professor. Barty College, 1980. 1983
PROFESSIONAL ORGANIZATIONS
Texas Association Sex Offender Treatment Past President
-

Association for Treatment of Sex Abusers (ATSA)
Texas Association for Treatment of Sex Abusers (TxATSA), Clinical Member
American Association for Sexuality Educators, Counselors and Therapists
(AASECf) Served as District Ill Representative- Board of Directors
for five (5) years.
American Association for Marriage and Family Therapy fAAMF)
Society for the Advancement of Sexual Health (SASH)
Formerly-National Council on Sexual Addiction & Compulsivity
Eye Movement Desensitization Reprocessing International Association
(EMDRIA)

9

 Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 31 of 36
PROFESSIONAL ORGANIZATIONS (cont.)
Houston Association for Marriage & Family Therapy (HAMFr),
Clinical Member
Sigma Theta Thu, Nursing Honor Society
PUBLICATIONS
Authored an article in American Association of Marriage and Family Therapists’
bi-monthly periodical, Family Therapy entitled “Sex Offender or Sex Addict?
Januwy/Febniaiy 2010 issue
Authored a chapter in Mending the Shattered Heart: A Guide for Partners of
Sex Addicts edited by Stephanie Carnes, PhD, entitled “What Does it Mean if
My Partner Has Shown an Interest in Minors?” Copyright 200$ by Gentle Path
Press
Co-Authored, “Ethical Dilemmas Related to Disclosure Issues: Sex Addiction
Therapists in the Trenches” in Sexual Addiction & Computstvfty, 13:1-39, 2006
Copyright, Taylor & Francis Group, LLC
ISSN: 1072-0162pr1nt11532-5318 online
DOt: 10.1080/10720160500529193
Co-Authored, “Cybersex Addiction: Diagnosis and Treatment’, originally
presented at the 2001 AASECT Annual Conference in San Francisco, CA and
later at the Parisexo-Regimedia Conference in Boulogne, France. In 2001 ,this
presentation was translated into French for publication.
Co-Authored a syllabus on Standards of Care and Quatity Assurance monitoring
‘Protocols for Evaluating the Quality of Psychiatric Care”
with Eric Joseph, MPH and Karen Sandrick.
Published a chapter entitled “Cognitive Behavior Therapy” for a clinical nursing
textbook edited by Gertrude McFarland.
Dissertation Development and Validation of the Levinson Victim Empathy
Scale (L-VE$), an instrument used by numerous treaunent facilities
across the nation to measure victim empathy in an adult population
-

RESEARCH

Provided data of 150+ participants: University of Mississippi Sex Addiction
Research Project entitled Structural Congruence ofthe Sexual Dependency
Inventory (SDI) utilizing SDI client data and results of client’s MMPI-II
Minnesota Multiphasic Inventory-Il. 02/2011- 04/2014
American Foundation for Addiction Research (AFAR): Current Research site
for research swdy underway : Genetic Markers in Sexual Addiction
Principal Investigator, Patrick Carnes, PhD: study commenced 0812016.

REFERENCES

Obtainable upon request

Barbara Levinson, PhD, CNS, LMFf, LSOTP-S

u_ aiti

10

 Case Document 24-9 Filed 09/13/17 Page 32 of 36

Exhibit 46

 

Case 1:17-cr-00307-DLC Document 24-9 Filed 09/13/17 Page 33 of 36

CO V I N G TO N
BEIJING

BRUSSELS

Los ANGELES
SHANGHAI

DUBAI

NEW YORK

SILICON VALLEY

Arlo Devlin-Brown

JOHANNESBURG
SAN FRANCISCO

LONDON
SEOUL

WASHINGTON

By Electronic Mail
Amanda Kramer
Stephanie Lake
Assistant United States Attorneys

Covington& BurlingLLP
The NewYork Times Building
620 EighthAvenue
NewYork, NY 10018-1405
T +12128411046
adevlin-brown@cov.com

August 27, 2017

Re: United States v. Anthony Weiner, 17 Cr. 307 (DLC)
Dear Ms. Kramer and Ms. Lake:
We write on behalf of our client Anthony Weiner to reiterate our oral request of August
21, 2017 and e-mail request of August 22, 2017 for any Brady material in the Government’s
possession that may be relevant to sentencing. While the Government’s obligation to produce
such material in a timely fashion is, of course, independent from whether there is a specific
request, we write as a matter of prudence and based on information you have shared since
August 21 to reiterate the importance of such disclosures and to provide you with a nonexhaustive description of material that we believe falls into these categories and should promptly
be disclosed to the defense.
In making this request, we reaffirm that Mr. Weiner has and continues to accept full
responsibility for his conduct. He engaged in sexually explicit communications with a teenage
girl, as he has admitted in Court, he has no excuse for it, and will soon face consequences for his
conduct. Precisely what those consequences will be depends mightily on the Court’s view of the
“nature and circumstances of the offense,” a view that may may be shaped by such factors as to
how badly the victim was aggrieved, how quickly and readily Mr. Weiner engaged in the
criminal activity, and any other mitigating facts surrounding the offense conduct. Likewise, the
psychosexual evaluation commissioned by the Court is rooted significantly in the evaluator’s
view of the scope of the offense conduct and Mr. Weiner’s acknowledgement of such conduct. It
is therefore crucial that we are informed of all offense conduct information favorable to the
defense to the extent it has not already been provided so that we can ensure that the sentence
imposed in this case is rooted in a full and fair understanding of all relevant facts.
The Government’s Obligation To Provide Brady Material on Issues Relating to Punishment

As an initial matter, and as you are no doubt aware, the Government’s duty to provide
Brady information extends through all phases of a criminal proceeding, and the scope of
information required to be provided extends beyond evidence of guilt or innocence to issues
relating to punishment. As Brady itself held, the prosecution is required to disclose any evidence
“favorable” to the defendant that is “material either to guilt or punishment, 373 U.S. at 87
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(emphasis added).” Though Brady’s text is clear, prosecutors “all too frequently forget” that
Brady’s disclosure obligations extend to sentencing. United States v. Feeney, 501 F.Supp. 1324,
1334 (D. Col. 1980). See also Cone v. Bell, 556 U.S. 449, 475 (2009) (vacating and remanding
where suppressed evidence, although not material to guilt, may have been material to
“assessment of the proper punishment in [the] case.”). United States v. Quinn, 537 F. Supp. 2d
99 (D.D.C. 200$) (prosecution violated Brady by failing to disclose information favorable to the
defense it had learned between guilty plea and sentencing because this information was material
to sentencing).
The Need for Brady Material Here

The Government’s obligation to produce Bradv relevant to sentencing in this case is
particularly critical as the agreed upon resolution of the case, enabling Mr. Weiner to avoid being
charged with a child pornography “production” statute carrying a 15 year mandatory minimum
sentence, involved a plea at first appearance to a criminal Information which described the
offense oniy in general terms in a non-descript “to wit” clause and without discovery. While we
suggested in our call of June 9, 2016 that you simultaneously share with us the offense conduct
summaries you would share with the Probation Office and psychosexual evaluator, you declined
that request. Nor did you make any Brady disclosures to us prior to the completion of the
Evaluation and draft Presentence Investigation Report. Accordingly, without awareness of what
had been shared with the evaluator, we had to rely on the Government to provide to the evaluator
any favorable information about the offense conduct that could have been relevant to the nowcomplete evaluation.
Only last Friday, August 18, did we learn of the offense conduct the Government had
provided to the Probation Department. Based on evidence you permitted us to view at our
request since then, we are concerned that the offense was not described fairly or in some cases
accurately and that facts favorable to the defendant concerning that conduct were not disclosed to
us or the evaluator prior to completion of the evaluation. We do not need to debate that issue
now and hope that it can be resolved cooperatively. We appreciate that you are working with us
in good faith to propose revised offense conduct that addresses issues we are concerned about
and will join our recommendation that the evaluator be permitted to review the underlying chat
records as she had requested at the outset. We note our concerns with the disclosures relating to
the evaluation process simply to illustrate the importance of Brady material to this case, avoid
any similar issues with respect to how the Government describes the offense to the Court, and to
make clear that we request all favorable information relating to the offense conduct or other
relevant sentencing considerations.
Material favorable To The Offense Relevant to Sentencing

Below is a non-exhaustive list of material that may be favorable to the defense at
sentencing. It is non-exhaustive because we are not aware of the full scope of the investigation
You did in the course of plea discussions make representations with respect to the certain
evidence the Government had in its possession notably, a Snapchat message which were
helpful to those discussions and which we very much appreciate.
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and therefore cannot identify all material that may be favorable to the defense from a sentencing
perspective. It is apparent, however, from review of the offense conduct provided to Probation
that information relating to the victim could well constitute Brady material both directly
(inasmuch as information about the victim favorable to the defense could impact the Court’s
assessment of the nature and circumstances of the offense) and indirectly to the extent various
assertions as to the offense conduct are based in whole or part on her credibility, which is
vouched for by the Government in the PSR.
1. Any evidence relating to the victim’s selective documentation or provision of chat
records to law enforcement that suggest material favorable to the defense, including
material that could put statements by the defendant in context, was excluded (or not
requested of the victim by law enforcement);
2. Any statements made by the victim to law enforcement that are inconsistent with:
a. other evidence obtained in your investigation;
b. with other statements she has made, whether to law enforcement, the media or
others
c. any factual assertions concerning the offense the Government has provided at any
stage to the Probation Department or to the evaluator, or that the Government
intends to assert at sentencing
3. Any information (including false denials of same by the victim) relating to financial
benefits being sought by the victim, including but not limited to:
a. evidence that she interacted with Mr. Weiner in order to develop material for a
planned book
b. evidence that the victim is in fact preparing such a book, and/or that she is
shopping a book to publishers
c. evidence that the victim or her family sought or obtained payments from media
outlets in return for providing a story regarding interaction with Mr. Weiner
d. evidence that the victim sought to document her interactions with law
enforcement, including recording conversations with law enforcement, potentially
for the purpose of gathering material for a book
e. statements made by the victim to the effect that she would seek financial benefits
(outside of restitution in the criminal case) based on the outcome of this
prosecution
f. communications with Sydney Leathers regarding financial benefits
We appreciate that you made a disclosure to us in this regard on August 23; we simply
request that that information and any additional relevant information be documented.

4. Any information relating to political motivations by the victim or her father to damage
the political prospects of Secretary Hillary Clinton, andlor disclosures made to the Trump
campaign or its surrogates prior to the publication of the Daily Mail article;
5.

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Other Requests
As you know, we requested last week that you provide us with records of
communications between Mr. Weiner and the victim, pursuant to federal Rule of Criminal
Procedure 1 6(a)( 1 )(B)(i), which provides that the Government must produce upon the
defendant’s request “any relevant written or recorded statement by the defendant that is
within the government’s possession, custody, or control” and “the attorney for the
government knows
or through due diligence could know
that the statement exists.”
This discovery provision applies to sentencing. See United States v. Carucci, 183 f.R.D. 614
(S.D.N.Y. 1999). You made records of chats between Mr. Weiner and the victim available
for our review this past Friday, but please advise if there is other discoverable information
pursuant to this provision.
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We appreciate your professionalism and courtesy at all stages of this process.

Respectfully submitted,
/s Arlo Devlin-Brown
Arlo Devlin-Brown

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