Case Document 901-1 Filed 11/12/18 Page 1 of 48 Appendix A Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 2 of 48 ROSALIE G. CIMINELLI August 27, 2018 Honorable Vale ri e E. Caproni United States District Judge So uthern District of New York 40 Foley Square New York, NY 10007 Dear Judge Caproni: My name is Rosalie G. Ci minelli. I am Louis P. Ciminelli's mother. He is my first born, and he spe nt the majority of his ca reer, from a young age, working for the family business, Th e Fra nk L. Cim inelli Construction Com pany. Wh en my hu sband decid ed to create a development company, he so ld his existing construction company to our son Louis. Louis expanded the bu siness to the West ern New York Region and beyond, and renamed the business LP Ciminel li Construction Company (LPC). LPC was considered one of the largest and most successful co mpanies in WNY, employing over 200 full time people, as well as many su bcontractors. Louis has always been a very generous but humble executive who gave his time and money to many philanthropic organ iza tions, includin g the Buffalo Philharmonic Orchestra, the Albright Know Art Gallery, the Burchfield Penney Art Ga llery, the University of Buffalo and its Foundation, and many more too numerous to mention . Many of these donations oftime and money were never publica lly discussed; Louis did these out of th e goodness of his heart. My husb::;d ~!'":C! o!'.".'J'/~ 1n~t:!!cd ir. our ch:!drcn the n:::cd to g:vc th~:1!~!:i tJnd give bock tc the community, without notoriety. Louis exemplified these traits. I respectfully ask for your consider ation of leniency for my son, Louis P. Ciminelli, who has been convicted of a felony . Thank you for your co nsid eration for my son. Rosalie G. Ciminelli Case Document 901-1 Filed 11/12/18 Page 3 of 48 Sealembci 5, mm Honorable Valerie E. capmnr United States Judge Southern Dismn 0' New York 40 Foley Square New York, NY 10007 Deal Honorable Vale": E. Caproni, My name lsAnn Lourse Clminelli and I am louis's second wife. I met Louis atter he was already divorced tor twetve years and we have been married lorza years. what I have always respected about Lou's right (mm the start was that he was a good lather and his children were his first priority He was respectlul to his parents and mine and has been agood husband to me. I can sit here and write to you about all the wondertui and phlianthrople things Louis has done iorthe my oi sultalo and the many boards that he sits on, but i would ratherteli you about the man i know and love Here are just Moeumples ol Louis's mmpassion and good nature that have meant the world to me. My lather, who was a rulred Niagara rails fireman, was entering an assisted long laariity alter my molher's passing in 2009. He was a lather olseuen and we didn't have much. The expenses were more than he could aliord. Louis stepped In and made sure that my father was taken care or. rt took the burden ofl my brothers and sistersthat were raising lamilles oltheirown, he may wanted the best iur his lather in law and the best ior his lamily. amongst hrswidely know philanthropic work, there are the many little acts that go unknown except to those 0! us that know him well. This past ainsonas i had gone the Saturation Army to adopt a family. when I asked a little boy what he would like folchristmas, his response was, "a pillow. ma! evening I had told Louis about the salyatlon Army and the little boy. he had asked how many people were housed In their shelter. There were 77. 77 beds for families to stay together through hard times. within a tew days, 77 pillows, sheet sets, blankets and towels arnved at the Sahation Army shelter. He had also gathered suppon from LPCiminellIemploveesand they hosted a donatlon drive tor the holiday season. He has always been a generous man and his generosity is oontasious to those around him. Louis isa decent. compassionate and generous person Louis loves Buffalo, NY and he has always tried his best to take care of NS lam-ly, friends and our community. lnuis said to me, 'Soiuellmes the Lord outs people in your path that need help lora leasml." I know Louis has been oorwisted ola reiony. I hope you an find it in your heart Judge capronl, to have leniency when sentencing him. I thank you tor Iaklng the time to read this letter. Sinnemly, I I n/ 4/11 Ann Louise Cimi'nelh Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 4 of 48 August27,2018 Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Dear Judge Caproni, My name is Matt Ciminelli. I am the thirty-five year old son of Louis Ciminelli, who as you know has been convicted of two felonies and is currently awaiting sentencing. As a brief bio, I have lived in the Buffalo area for most of my life. I am primarily educated by Catholic schools in our area (a rather common phenomenon here). I also graduated from the University of Utah with a Master of Real Estate Development degree. I currently work as a Development Project Manager for my uncle Paul at Ciminelli Real Estate Corporation. Knowing my father Louis and seeing his work in society for my entire life, I am utterly baffled by his conviction. The accusation and result are entirely incons istent with everything I know of him. There is no living man who I am more proud to know; and I am truly blessed for being guided by such wonderful person. My father has always taught and stressed to his children the importance of being virtuous and performing good deeds. While other eight-year old kids were gifted Nintendo video games for their birthdays, I was given The Book of Virtues: A Treasury of Great Moral Stories by William J. Bennett. Right there, he was telling me that life is not all about fun and games, even as I was just a young child. Rather, that a meaningful life is one full of service and simply just doing the right thing. I am pretty sure that book was the very first gift I ever received from my father. Not receiving gifts was not a punishment. We knew it was part of his wanting to communicate to us and instill in us important family values : earning, hard work, not having a sense of entitlement, not taking the easy road. I cannot even tell you how many times I heard the word "earning" while growing up (and to this very day). ~was very much an education in our family history. Our Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 5 of 48 family came from nothing and only got to its financial freedom from years and decades of taking financial risk, working long hours, and never resting on your laurels. It was from my father that I first heard the phrase, "You're only as good as your last project." In 2005, with my father Louis as the conductor (and, really, with him as the role model we were mostly describing), my family drafted a Ciminelli Family Mission Statement. Ciminelli Family Core Values, and Ciminelli Family Covenant. W ithin them are the following values and virtues, amongst others: • Be noble in our decisions and grand in our pursuits, taking on endeavors that will drive the greater good for our family, our businesses. our communities. and ourselves. • We as a family will actively participate in, and give back to, the communities in which we live and work. The significance of perpetuating the wealth of the family will be diminished if our communities do not thrive, as well. • Integrity= Competence+ Honesty As you can see, we understand the importance of community, family, generosity, work ethic, vision for the future {leaving behind a positive legacy), and morality. All illustration of my father's generosity is his development of the residential community called Highland Park. He purchased a rundown, empty plaza in one of the worst neighborhoods of our city, where no developer had made any investments in nearly a half-century. Arld he is spending his own cash, without a loan, constructing new high-quality affordable apartments and homes. He is hoping to turn around the neighborhood's fortunes and continue this trend across the East Side of Buffalo. Financially speaking , the project is probably unwise ... but this commitment is his desire. Mother wonderful trait of my father is his modesty. Not once did he come home from work and announce at the dinner table that his company had just won the bid for the next large project in Western New York or abroad. We would find out when reading it in the newspaper. Nor did he ever tell us when he was personally honored, like in 2007 when he received the Niagara Frontier Executive of the Year award. Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 6 of 48 Nor did he tell us when his company won prestigious industry recognition, such as its seven Build New York awards or its sole Build America award. Along the same vein, he would never tell us when he donated large sums of money to a foundation, a school, or a charity. ~I ever found out about any of my dad's donations, it was because one of my school teachers or friends' parents mentioned it to me (usually embarrassingly in front of other students and friends). Louis is not an easy person to have as your father. His standards of conduct are sky-high and unwavering .. . and he expects no less from us. He often told us Uust as his father told him), "Don't worry about being the biggest; just be the best." Maybe that is why I love and respect him so much: I will never even come close to filling his shoes. He attracts the highest respect wherever he goes. Several of my friends down the years have independently told me, "Your dad's the man," and I always knew they meant it from their minds and hearts. Your Honor, I must humbly ask you to exercise extreme leniency in your sentencing of my father Louis. There is absolutely no doubt that the stress of these charges has cost him his Health and what will be years off his life. He already has a terminal punishment. Please do not take him from us any sooner. God Bless You, Matt Ciminelli Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 7 of 48 Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York. NY 10007 August 26. 20 18 Dear Your Honor: I am wtiting to you on behalf of my father, Loui s Ciminelli. who has been convicted offelony charges and \\-ill be sentenced October J 7th. 1 am hopeful this letter provides better insight into hi s character, his life, and his impact on our family. My father grew up in a working class family with six children. To help my !:,'Tandfather's business, he often worked after school instead of playing sports or hanging out with friends. lt was a djfficult upbringing, but it made him the strong and successful man he became. Since my grandfather has passed, my father became the humble patriarch of our large family. He is sought for suppot1 and guidance on questions of ethics, business, and general life choices, not only among his children, but among his siblings, nephews, atmts and uncles, friends. He has tllis role, not only because he is the eldest son, but because he is a man of principle and vision. When you seek advice from my fat her, iJl retum, you recei ve something that is insightful , wise, and inspired. He doesn't just answer the question at hand, but helps you to uncover the deeper '·why'', sometimes face your deeper fears or challenges. He has consistently cha llenged me to expand my mind, broaden my dreams and face any obstacle along my path. As a parent of two young children myself(Evan, age fOlrr; lsla, age one), I now reflect upon how difficult it must have been at times to encourage such independence, when in my case, it meant traveling the world, and moving cross-country on my 0\\111 as a young person. On a high school Spring Break, my father brought us on a road trip to experience his favorite spots in California (we grew up in Buffalo), and to visit a beautiful winery, that having grown up with a religious education, 1 could only describe as Eden. I nO\\- live north of San Francisco and work at a winery. I moved here without a job 15 years ago, just after the dot com bust, with a couple suitcases and a few thousand dollars of my own savings. 1 did it because it was my dream. And, because I had the emotional support from my father to do it, against the odds. In college, my father asked us to strongly consider study abroad to be exposed to new cultures, ideas and people. I spent a summer in Rome, and a semester traveling on a ship around the world. I learned bow to be a global citizen on that incredible journey, and my insights have influenced others· I have touched. W11ile benefiting from my dad's generous support of our education, enrichment, and the philanthropic causes my brothers' and I cared about through our Family Foundation, we have Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 8 of 48 otherwise made our own way. My father has always wanted us to benefit fi·om the learning. confidence and respect of achieving our own success. He props us up, and challenges us, he doesn't help us do it. Still today, if ever I need encouragement, or to see a new path forward, 1 call my father. He reminds me that anything is possible. I told him recently that his greatest life lesson is resilience. He is truly the etemal optimist. Despite the events that have destroyed the company he and my grandfather worked to build over their lifetimes, and a chronic illness, he seems to wake up every day ~~th a positive outlook toward the future . He recently told me his secret. He said, ''Every day I find something to be optimistic about." As you may know, my father has Multiple Myeloma, and his prot.rnosis is just approximately five years. With so little time, Lask for leniency in sentenci11g, so my young children can have the benefit of knowing something more about their grandfather, wbo they should be so very proud of. 1 will tell them about our family covenant, and how he encouraged us to pursue, and committed to suppo1t, our dreams~ supported and served so many charitable organizations, and so generously helped us to do the same; the thousands of people he employed: the building awards received : and for decades, how Buffalo benefited from his passion to improve the city's cultural, architectural and, historical assets. But in the end, if he goes away, they will never benefit from the invaluable influence and inspiratwn that has touched me, and so many others, so profoundly. Thank you for your consideration, and for taking the time to read this letter. Sincerely, ~~ Nina Ciminelli Case Document 901-1 Filed 11/12/18 Page 9 of 48 November 9, 2018 Honorable Valerie E. Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Dear Judge Caproni: I am writing to you regarding the impending sentencing of my father, Louis Ciminelli. I am my father?s oldest son. He and my mother divorced when I was nine. He worked so hard in those years that he was often away from home. Still, I learned from him about the importance of holding oneself to the highest standard and treating people fairly and respectfully. I learned from his example. When I graduated college, I knew I wanted to work in the construction industry but my father made it clear that I had to earn my stripes elsewhere. Just because our family name was on the company door did not mean I could walk in and hold sway. I worked in Washington, D.C., while I earned my Master?s degree, and in Cincinnati before I came home. I gained an enormous amount from the experience. I worked for LPCiminelli for 17 years. During that period, we went from a Buffalo-based general contractor known for excellence in cast?in?place concrete work to a regional leader in all facets of construction project delivery. People wanted to work for us. Owners and contractors looked forward to working with us. We succeeded because of our competence, our talented employees, our willingness to take on the most complex projects, and our adherence to best-in?class practices. People knew we could be trusted. No doubt others will write about my father?s leadership in supporting and promoting the importance of western New York?s cultural institutions, but I should add a word. The quality of a city?s life includes its cultural assets. Due in large part to my father?s leadership over the past two decades, Buffalo has received considerable notoriety for its thriving cultural institutions, which have become a major driver for tourism. As you probably know, some businesses feed off their community like parasites. Other business leaders talk about how it is in a company?s enlightened self?interest to support local initiatives. My father is truly unique in the degree he backed up those words with his actions. My father also believed in the Chinese proverb that if you ?teach a man to ?sh you feed him for a lifetime.? It has been a theme behind his charitable giving. There are no better examples than his leadership and support of Buffalo Prep and Say Yes Buffalo. Both organizations make their impact by focusing on my children learn; they focus on the entire educational ecosystem. When sentencing my father, I hope you will give weight to the impact this case has already had on him. His health condition, while treatable, is not curable. There is no doubt in my mind that the strain of this case catalyzed its aggressive nature. Similarly, his once respected company has been Case Document 901-1 Filed 11/12/18 Page 10 of 48 destroyed. Its loss removes an enormous component of who my father is; no different than enduring the death of a loved one. These punishments are real and will never go away. I ask you to exercise leniency in your sentence so my father can continue his positive in?uences on his family and the community around him. in adva oughtful consideration. rank Louis Ciminelli 11 Th Case Document 901-1 Filed 11/12/18 Page 11 0MB July 29, 2018 Honorable Valerie E. Canranl United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Dearludge Caproni: My name is Susan Cimlnelli. Louis ciminelli is my older brother by 15 months. We grew up as a close iamily in Buffalu, NY. Our lamin has 4 boys and 2 girls. My iather Frank would always make us read the book "The Power of Thinking" by Norman Vincent Peale, every year throughout grammar school and high school. My lather wanted ourfamily to have the right ethics and attitude towards lile and work. channeled that energy into being a pioneer in holistic health and beauty for the last 40 years and became world renown in my industry. I have been written up in several top publications world wide lrom the NV Times to maior beauty magazines such as Harpers Bazaar, Vogue, Time, etc. touis has always been a great older brother, protecting and guiding me and our siblings irom harm growing up. He was always our role model, i understand he has been convicted ola crime Even in the face oi adversity, he turned to prayer to get him through this. encouraged him to pray the novena to St. Theresa ol Lisleux. He began to say the novena every single day iorweeks hetore and during the trial He did not pray for a particular outcome, really shocked me, He prayed toryou, the prosecutors and the lury to serve God's will as find sees fit, even though the outcome may not be In his favor. In spite of the verdict, it was still a shock and surprise to everyone Louis never gave up hope and his iaith continues to strengthen. i love him so much and continue to pray tor him and all involved. My parents raised as to work very hard and to be in our service to others LOUIS always prided himself in giving back to the community. He even implemented a program in Buffalo that taught a trade such as plumbing, carpentry etc to the underprivileged so they would have pride in their lives, make a good living supporting themselves and thalrfamilies My lather grew up the youngest of 12 in a very poor family, When my father became successful, he made sure we were not spoiled. He made us work every single day of! from school either for his company or around the house, Louis, in particular, was a very hard worker. instead of my father handing over his company to my brother Louis when the time was right, he sold it to Louis at a very high price, Through hard work, Louis overcame the odds and turned the company into a success, He was a source of pride for our tamily, not because of his net worth, but because oi his work ethic and his selfless service to the community. Thank you, Jude Caproni, tortaking the time to read my letter. With gratitude, Wed/cam, Susan ciminelli Founder Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 12 of 48 August 7, 2018 Honorable Valerie E. Caproni United Stated DistrictJudge Southern District of New York 40 Foley Square New York, NY 10007 Your Honor, I am writing this letter on behalf of my brother, Louis Ciminelli. Because I understand that he has been recently convicted of a felony. So, the purpose of this letter is to allow me to express to you my feelings regarding my brother. And, of course, to ask you to consider leniency regarding this matter. My name is Gary Ciminelli. I turned sixty this past March and am the third oldest sibling in the Ciminelli family. Where Louis is the oldest sibling of six. He is my older brother by two years. So, I have known him my entire life. I was the first in our family to graduate from college. This was because Louis, in more ways than he knows, motivated me to do so. I even went to the same college as he did. Where I graduated with a B. S. in Electrical Engineering from Clarkson UniversityPotsdam, NY in 1984. At that time, I realized that my BSEE degree gave me my independence. So, I decided not to work in the family business. Because I wanted to gain outside experience in the high-tech world of telecommunications. Then afterwards, my plan was to go back to the family business and share the tribal knowledge I had gained. But after a pretty successful career in high-tech, somewhat regretfully/ I decided not to go back. We all started working at a very young age. I believe that I was about eight at the time. Sol whenever we were not in school, we had to work. Because, at an early age, our father wanted to instill and ingrain in us good working habits and ethics. This included dependability and integrity. Because our father always taught us that with the later, a person's word or hand shake was their bond. Louis and I had your typical sibling rivalries. I remember, in the early days, I would follow him around without him knowing it. Living in Buffalo/ NY at the time/ I could even follow Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 13 of 48 his foot prints in the snow. Even though I knew he really didn't want his younger brother around, I would just show up anyway. Because, being my older brother, he was my mentor. I don't even think he realized that I idolized him. He taught me a great deal. But what really impressed me the most was how he grew the family business, mainly in Western NY, and his commitment the city of Buffalo. He truly believed in a future for Buffalo. Through his generous philanthropic efforts and this compassion, he did a great deal for the city and surrounding communities. Such as the revitalization of the Kleinhans Music Hall. The home of the Buffalo Philharmonic Orchestra. He also believed in his employees. This past July, I was back in the WNY area to celebrate our mom's 8str birthday. This happened to coincide with a local event called "Rock the Barn". It's an annual concert in the town of Clarence, NY, where we grew up. It also happened to coincide with Louis's 45ttJ (Class of '73) high school reunion. So, there were a lot of his old high school friends at the concert. So, while I was there, many of them came up to me to express how much Louis has done for the WNY area. In particular, this one girl, who actually graduated with my Class of '77, came up to me crying to express how much she loved working for him and how much he has done for her during her 30year tenure at LP Ciminelli. So, Your Honor, I just ask of you again, to please consider leniency regarding this conviction. Thank you ... Sincerely, Gary Ciminelli Case Document 901-1 Filed 11/12/18 Page 14 ONE Juhll At Ciminelli September 7, 2018 Honorable valerle E. Caproni united states Districuudge Smother" a! New York 40 Foley Square New Vent, NV 10007 Dear Honorable Valerie z. capronl, lam John Ciminelii, Lou's younger hrather. I am a Senior Vice President at lPCiminelli (Lou's construction company). 1 have been In the Vamily business (or over forty veavs. Our family business was started by our father over 55 years ago, We have grown both a construction and real estate business in western New Vorir and have been a plilaroi the community iordecades. I personally have worked tor different divisions of the tamin business throughout my career. My brothers and spent many years oiour early careers working in the field on Job sites learning the construction industry and the value oi a hard days work. We were not pampered because oiour last name or because our iather owning the business. it anything, we had to work harder and smarter than the next person because that wasalways demanded oi us. Our peers in the industry, ourtrlendsand our tarnin knew this and respected us and our iamin because oi it. After spending zot years with the real estate division or the iamily business I decided to join Lou and get back lnvotved with construction. Ten years ago, I became the president and coo o1 construction, a company owned by Lou. That company in later years was iolded into LPCiminelli where became a SeniorVice President. Our business is very competitive by nature and at times to a iault. what attracted me to becoming pan of Lou's team was how they do business. We are not a hard-bid contractor that bids labs in hopes of being the low bidder. times these jobs are won and lost by the oontractor that might have made the biggest mistake on bio day. We are a company that wants to create value ior our customers, become the resource our customer needs tor their proiect and use our knowledge and resources to add value and create a successlul project for all involved. This comes tram a tew at the values taught to us by our tather. He always taught us to "create dnn't compete" create value, create an opportunity, it it's been done beiore find a betterwayto do it, curtatheralways lived his lite always wanting to be the best not the biggest, And we all learned that it you always to be the best and always do the right thing you will be successiul regardless at how big or small you are. I have known my brother all my Ilfe otnriously and have the utmost respect tor him and the business he has created. Lou took a company staned by our iather and grew it to become a nationally ranked construction company that has employed thousands at people and in some cases three generations ot a family. He has always instilled the values oi honesty and integrity in all levels oithe business. believe me it ran deep, from the tradesmen in the iield to the highest-ranking executives in the office everyone knew that the way was to do the best job you can and to treat other as you would like to be treated yourseii. Case Document 901-1 Filed 11/12/18 Page 15 of 48 John A. Ciminelli Icould go on and on about Lou our Vamilv and our kmily business. in fact, a book was written about on! falhel, haw he slaned and what he and our family business has become. I have (allowed this pmcess wish Lou from the day il began and to think [or a minute that a man (hat grew an empire l'rilo samelhing that has meam so much in so many could possibly be fnund guilty ofa crime. Not surprisingly, me press and the media have been filled wim negativity but the people that really know us and have done business with usover me years know bench There would be no surprise lo the construction community pl weslem New York, and much reliel, if you were (a show leniency with your sentencing oi Lour Since: Ivy JuhuA. ciminelli Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 16 of 48 Summit Mary Ciminelli ,., til·• Sotheby's INTERNATIONA L REALTY Honorable Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 My name is Mary Ciminelli. I am louis Ciminelli's youngest sibling. I have obviously known lou is my entire life. I've always looked up t o my brother. He was the oldest of six children and the sibling that never got in to any trouble. A straight laced teenager, athletic, smart , treated me well and I just knew he would be a success. When Louis was younger, he worked for my father. I also worked in my father' s office every summer and holiday. We were raised to have a strong work ethic and to have integrity. Those were the two most important traits my father instilled in us. Louis exemplified both. He understood in order to be a success, he needed to work hard and be honest. He had goals to grow the family business and accomplish that goal by being the best at what he did, the best customer service, the most efficient, the best quality work and to treat his employees fairly. Just like he was raised . louis has always been generous. He has given to multiple non-profit organizations throughout our community. He believed in more than just writing a check. He got involved to make sure these organizations could continue to prosper. He felt it was his civic duty to give back to the community. Just like he was raised . Our age spread made me the perfect babysitter for his children. They too were raised to be ethical and hard working. They too are successful. Never resting on their laurels. They are exemplary humans and beautiful parents themselves. My brother was always t here for my parents. As my father aged and was stricken with ALS, Louis was there for support for him and my mother. He was a pillar of strength and continues to be for our whole family. He is the best big brother I could wish for. I understand that louis has been convicted of a felony. As I write to you I still can not believe it to be true. It's not his character. I should know. I am asking you for leniency. Please. Sincerely, Mary Ciminelli Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 17 of 48 July 30, 2018 PHIUiARMONIC ORCHESTRA SOCIETY. OFFICfRS Honorable Valerie E. Caproni United States District Judge Thurgood Marshall United States Courthouse 40 Foley Square New York, NY 10007 Dear Judge Caproni, I very respectfully write to you to express my support for Louis Ciminelli. I understand that Lou has been convicted of a felony, and I wanted to share my personal knowledge of him, and to express my respect and admiration of the Lou that I have known for nineteen years. Warren Errblidge J Dan Nrry liab1b Rittl1ng liodgest Monte Hoffnan t I am the music director of the Buffalo Philharmonic Orchestra, and have been able to make great artistic progress with our orchestra largely through the continuing support of Louis Ciminelli. Lou is a great lover of music and the arts, and his generosity and caring stewardship of our organization has helped us transform the orchestra into a financially healthy organization. I am not speaking only of monetary support, which has been considerable, but more of Lou's absolute devotion to be present for us, and his commitment to guide, shape and advise us. He has always been available for meetings and board events, unselfishly allocating to us any time that we needed. Lou was personally responsible for creating and funding a completely new series of concerts- BPO NATION- which was designed to reach out to people who had not yet discovered classical music by combining it with creative collaborations with rock and pop artists. His vision was a great success- we have attracted many new symphony lovers to our hall through these alternative and fascinating concerts. Lou has also shown great friendship and compassion to all of our musicians, reaching out to them and helping in any way possible. Many of them have been to his home and have been welcomed as respected artists and friends, and Lou was always happy to assist them personally in any way he could. His love of the arts is considerable, but he has also supported countless other organizations as well. His generosity is astonishing , and most of his help has been given quietly and without fanfare of any kind. I believe that the main reason Lou has devoted so much energy to the welfare of the arts in Buffalo, is his overwhelming love of his city and region , and the people who live here. He has been a major force in helping to rebuild what was a depressed rust-belt city into a future that is bright with growth and hope. Lou deeply cares for Buffalo, and Buffalo and the region deeply love him in return. Lou is a gentle and quiet man, and is actually quite shy. He worked hard to be able to speak comfortably in public about the Buffalo Philharmonic in his years as chairman of our board, and his honesty and devotion always shine through in his words, which are heartfelt and true. Lou is a man of personal decency, compassion, integrity and generosity to his family, friends, business associates and city. The musicians of the Buffalo Philharmonic and I love and respect Lou dearly. Please allow us to offer our heartfelt plea for leniency in his sentencing. Thank you , Your Honor, for reading this letter. R31~~ JoAnn Falletta Music Director, Buffalo Philharmonic Orchestra BUFFALO PHILHARMONIC ORCHESTRA 786 Delaware Avenue, Buffa o, New York 14209 • Phone (716) 885 0331 • Fax (716) 885 9372 • Ticket Serv1ccs (716) 885 5000 • (BOO) 390 4562 • bpo or Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 18 of 48 f//1 Albright-Knox ~ Art Gallery Honorable Valerie E. Capron! United States District Judge Southern District of New York 40 Foley Square New York, NY 10007 Dear Judge Capron!, We write to you on behalf of Louis Ciminelli whose prosecution and conviction we have followed In the press over the past 18 months. We know Lou well In the context of his service, over many years, to the Buffalo community and particularly to the Albright-Knox Art Gallery. One of us (Janne Siren) Is the Director of the Albright-Knox; the other (Tom Hyde) served with Lou Ciminelli on the Albright-Knox Board for seven years and was, from 2012 to 2016, the President of the Board. Please allow us to introduce ourselves In slightly more detail. I, Janne Siren, am an art historian by training. I completed my PhD at NYU in 2001 and between 2000 and 2004 taught in Jerusalem as an assistant professor of art history at the Hebrew University before returning to my native Finland where I served as director of two If its leading museums. Since 2013, I have worked as Director of the Albright-Knox Art Gallery, which Is the sixth oldest art museum in the United States and is globally recognized as a leading museum of modem and contemporary art. I live in Buffalo with my wife and our three children (ages 8, 11, and 14). I, Thomas Hyde, have practiced law in Buffalo since 1992 and am now partially retired . Full disclosure: my firm , Hodgson Russ LLP, has represented the Ciminelli company and Lou personally, though I have had no role whatever In either representation . My concentration has been in tax law. I came to the law late- after an academic career teaching literature at Yale, where I was an assistant and associate professor of English from 1978 to 1989 and, In 1988-89, Associate Dean of the undergraduate college. We know Lou Ciminelli mostly, but not only, from his service on the Albright-Knox Board of Directors from 2009 until 2017 when he resigned following his indictment. From the beginning, Lou was an exemplary board member-diligent, thoughtful, generous. He cared deeply for the Albright-Knox and its future, but his broader commitment was and is to the quality of life in Buffalo, his hometown. He believes that Buffalo's cultural organizations contribute crucially to Its vitality, and he acted on that belief, perhaps chiefly in his commitment to the Buffalo Philharmonic Orchestra, but also importantly to the Albright-Knox. 1285 Elmwood Avenue, Buffalo, New York 14222-1096 I 716.682.6700 albrlghtknox.org Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 19 of 48 Albright-Knox Art Gallery In 2013, Louis was one of the first Albright-Knox board members to articulate a strategic vision of the need and the opportunity to renew Its facilities and broaden its outreach with an architecturally significant expansion. As Chair of the committee in charge of this process, he selflessly brought his expertise to bear in stewarding the museum through a complex search process that included more than 50 architects from around the world. Lou has the ability to listen attentively and respectfully to the opinions of others, and he was always eager to learn new things-about museum operations, about contemporary art, about life in general. He was extraordinarily generous with his financial resources. He has given generously each year to support the museum's regular operations and was among the earliest donors to make a pledge to the capital campaign for the expansion project. As a committee chair, Lou's leadership style was leadership by example, not leadership by command. He made the resources of his company-the knowhow of architects and engineers-available without charge when the Albright-Knox needed expertise conceming its existing buildings or plans for new ones. After stepping off the board in 2017, Lou has not wavered In his generosity-even in the face of great personal calamity. That's the way he is: passionate about the well-being of Buffalo and Its cultural life. Apart from our work with Lou at the Albright-Knox, we both have shared meals with him along with our families and know him as a good person who cares deeply about his fellow citizens as well as art, culture, and his hometown, to whose recent renaissance he has significantly contributed. We have never detected In Louis signs of avarice or envy or anger. We have on many occasions witnessed his humility, kindness, patience and sense of justice. Based on all that we know of and about him through our institutional and personal Interactions, we hope that you will see fit to lean toward leniency In deciding Lou Clminelll's sentence. Sincerely yours, anne Siren eggy Pierce Elfvin Director lbrlght-Knox Art Gallery 1285 Elmwood Avenue, Buffalo, New York 14222·1096 Thomas Hyde Board Member and former Board President Albright-Knox Art Gallery 716.882.8700 albrlghtknox.org Case Document 901-1 Filed 11/12/18 Page 20 0MB .- 22. ZOIB Honorable Valerie F. ('aproni United Slates Disnch ludg: District ochw York 40 Pole) Square New York. NY 10007 RE: Louis ciminelli Dear Judge Capronl. rerircd as Presidcnl dc cuo ofBlueCmss Bluesmeld ol'Wesrem Neu York. One ol'my key leadership principles was lhal iI is as imporranr lo do good as il is in do well; consequenll). was fully engaged in xrying lo help improve our communilya and eneouraged and suppnned our employees in doing rhe same. i realized. over nine. rhar unl'onunarely. few other CEO's shared my leadership principle. in rhis respecr Louis riminelli was a shinning exception. While. 1 vies acquainied Louis Ciminclli prior to becoming Presidenr 5r CEO. pm in know him more closely become more direcrly involved in comnruniiy eli'ons. For some business leaders I encounrered. providing linancial suppon was rhe exicnl ol'rlreir involvemeni. l, u. on the orher hand. also would lake up rhe panieular cause. make it own. and become a srrong advocare. His paniciparion in and suppon or. whar View as one or BulTalo's signilicaru communi!) iniliaiives in recenr memory. is an excelleni example oflhis. was privileged id be on rhe ground floor orirying lo implemeni an iniliaiive lo improve the gradualion tales of Buffan public school sludenls. I now serve as Chair ol'rhe Say Yes Burran Scholarship Fund and Co--Chzir oflls Community Leadership Council. Thu graduation rzles had languished far behind for decades and the school system "as vlcwed as dysfunclinnal and drug on ccnnomic The Say Yes Buffalo inilialivc seeks In improves not only school graduuliun rules bill also posl secondary compleiinn mic-s. by providing guaranleed college and "wrap around suppons" for sludenis. ln addilion In his financial supporl. Lou became on: ofour mus! aniculal: advocmes and was inslrumemzl in rall in; me hrouder lsusine ommunny in supporr, Business communily suppon proved lo be pivorsl in gelling lhis iniriaiive moving forward. The program ioday has been a resounding success dramaricelly increase gradusrion roles. increased posr secondary marricularion and persisrence. Moreover rhis sysrenr. over all. is now viewed more iavorahly, ay Yes Buliolo is jusl one orseveral programs lhai have benefited signiricanrly from Lou's paniciparion and supporr, i can saier say lhai he was a dllT=rencc-mnker and has made a lasling impacl in all oirlrem, I have known l.ou <Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 21 of 48 ~ WNED WBFO Buffalo·Toronto Horizons Plaza 140 lower Terrace Buffalo, New York 14202 716.845.7001 Fax: 716.845.7089 Email: dboswe-II@Wned.org wned.org Donald K. Boswell President and Chief Executive Officer September 14, 2018 Honorable Valerie Caproni United States District Judge Southern District of New York 40 Foley Square New York, NY 1007 Dear Judge Caproni, My name is Donald Boswell, and I have been in public broadcasting for over 50 years. I have just finished my term as Chair of PBS, which has been t he most rewarding experience in my career. I am proud of my 5 N;:tional Emmys and seeing our station WBFO named as the best radio station in New York State by the Associated Press {AP) for the last 7 years. I have known louis Ciminelli for the past 18 years. In my interactions, I have always found l ouis to be a kind, smart, generous, publicly spirited man and most importantly a decent individual. He has made many important contributions to Western New York and the State of New York. I've had the opportunity to work with louis Ciminelli in several settings in my professional capacity as the President of a public television and public radio stations. {WNED·TV/FM, WBFO-FM) As businessmen we worked on several important key city issues to solve public problems in education, healthcare, job force development, t he arts and the development of young people in poor neighborhoods. In each of these settings, I found Louis to be a decent, hard-working, community spirited man . He is a man of intellect and creative thinking on many important matters. I believe louis' accomplishments throughout his career surpass what most individuals can accomplish in a lifetime. In addition, Louis has imj:Jacted countless people and I am proud to say I am one of many. Permit me a story. When I graduated from high school my Dad gave me three bottles of w ine. He said that I should give a bottle to the three individuals that were a major impact in my life. The first bottle I gave to Joe Paterno. I went to Penn State to play football but left the team due to injuries. Joe told me I still had my scholarship and made sure I was focused in and out of the classroom. It wasn't until years later that I learned he had pa id for my graduate education at Penn State. I gave the second bottle to Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 22 of 48 Lou made one of my biggest wishes come true by helping to fund a television studio that can produce the type of programming for broadcast and theater that a majority of PBS stations dream about. 1 want to produce a national Blues series for broadcast from Buffalo and I'm also interested in a Ja7.7. series from Buffalo. Opportunities for movie productions are also a reality thanks to Lou and his wife's gift. I can't thank him enough for all the investments he has made for the station and for our community. I pray that you will give heartfelt consideration in making a decision that will take into consideration all of the good that Louis has accomplished in his life, as well as all he can continue to give back to society. Sincerely, /~ / oonald K. Boswcti President & CEO Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 23 of 48 Buffalo Prep OctoberOI, 2018 18 ACHESON ANNEX UNIVERSITY AT BUFFALO BUFFALO, NV 14ll4 716 819 3fios FAX 716 8>9 1735 WWW BUFFALOPREP COM IIOARO OF DIRECTORS ST£,..ENW BELL M"IIY "Utl COULSON BI!IGIO DOHERTY CAVIll DONOVAN JOOYAtJIIGAlVIN F~ANCISCO A KfLLCR OA SI hunrreale,rnte.com HUNTREALESTATE .COM You may be aware of the impact Lou had protecting and ensuring the future of our Buffalo Philharmonic Orchestra. While I participated only as a donor (which wa largely influenced because of Lou's leadership), it is safe to say that there would be no Orchestra still in town were it not for Lou·s leadership. I have worked more directly with Lou in two other organizations equally pivotal to the Orchestra in terms of their impact on the culture of Greater Buffalo: The Albright Knox Art Gallery ("AKAG") and School of Archirecrure and Planning at the University at Buffalo (part of SUNY). Lou joined the board of trustees of the AKAG several years ago about the time we were considering a substantial expansion of our gallery space, offices, educational infrastructure, parking and landscaping- a $ 150 million- project. Lou was almost immediately appoinred to chair what has become known as "AK 360". Under his leaders hip the proce of selection of an architectural finn was designed and implemented along with the beginnings of a funding plan. Lou's personal financial commitment was among the first and largest made by any trustee. Throughout his involvement, it was Lou's expertise and leadership that we all relied on to get the project off the ground and to a point where he could, by necessity, step aside. Everyone now involved knows that without his initial efforts we \.vould not be as close as we are to realizing what will be a monwnental positi ve addition to one of Western ew York's greatest treasures. Another way I have come to know and deeply respect the character, service and personal conunitment to our community is through Lou's role in service to the School of Architecture at UB. I also serve that school as a member of the Dean ' s Advisory Council ("DAC"), which I have been a member of only since 2017. Lou was the DAC 's founding chair serving in that capacity for three years after two years of planning w ith the School's leadership, faculty and staff on its mission, function and goals. During his tenn. he led the Council and ser\'ed the educational and service mission with clarity and conviction. Through regular state-of-the-school presentations to the Council, I have seen bow the School's service to the City and Region as well as its reputation nationally and now internationally (we are exhibiting at the Venice Biennale--one of just 30 schools of architecture internationally to be invited) has risen rapidly. It is clear to me that this is no small measure due to Lou ' s collaboration and generosity. Lou also contributed his own labor and financial support for the Schoor s US Department of Energy Solar Decathlon entry, the "Front Yard" of the Burchfield Penny Arts Gallery, and even the neighborhood of University Heights surrounding the South Campus of UB-an area of urban blight. Even before all of the service listed above, in recognition of his work throughout our C ity and his initial service on the DAC, the School awarded Lou its Dean's Medal. If greater detail is needed on any of Lou's personal efforts and financial commitments only partially described above I am \'Cry pleased to pro\'ide it. In conclusion, it is no secret from what I have written that I consider Lou a good friend to me personally but in a broader sense to everyone who calls Buffalo home. I would ask that you consider in your judgement the remarkable and very positive impact Lou has had on the entire Western lew York community. We are a better place because of Lou ' s personal presence. In light of my own personal knowledge and the public knowledge of Lou as a very special person, 1 ask you for leniency. Sincenoly, ~~ Peter F. Hunt Celebrn ti11g over 100 Years of Excellence. REAL ESTATE :\10RTGAGc LNSURA:-JCt 1 TITLE Case Document 90171 Flled 11/12/18 Page 44 oan Monte K. Hoffman September 5, 2013 Honorable Valene Capronl Umleu Slates Judge Thurgood Marshall Unlted Slates Counhouse 40 Foley Square New York, NY 10007 DearJudge Caprnni: My name is Monte Hoffman and I'm writing on behalf of Lou We been a member of the Cello section of 'he Buffalo Ovcheslra for the past 55 years, have known the Cimlnell'l's for over 30 years staning with Frank and Rosalie, ms parents. I know them to be one at me most lamrlies in our communiry. I know Lou moslly through the Bulian Philharmonlc Orchestra, many years as a fellow Board member. He has dedlcaled tune and finances as much or more than anybody on the Board in the pm 55 years. He is warm, canSlderate and honorable person and most oinlmsell. I feel that l! would be a benefit (0 the community to have him In file community. know 'ha' sentencing ls up to you agarn hope you rake lma consideratlon as you determlne future. Slnrevely, Vours, loL lb Monte K. Hoffman Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 45 of 48 llonorable Valerie E. Capron i United States Distri ct Judge Southern District ofNew York 40 Foley Square Nt:\\ York. ;-.. Y I0007 Your Honor. I am \\entencing is scheduled for October 20 I 8. I would like to start b) introducing myself and Ill} famil} 's relationship to l oui-:.. 1\tty name is Joe Hill. I have been married to Louis' daughter 1 ina since 2012. We live in Northern California and ha\e two children together: [\an (age 4 1 ~)and Isla (age l ). '-' ho are Louis' grandchildren. I have been a practicing Ci\ ill:.ngineer for the past 23 )ears. and current!) O\\n and operate a small business. I first met Louis in 20 I 0. shortly after I started dating Nina. Since 20 I 0 I have known him as the wonderful father of my wife. and now the grandfather of my children. Louis was kind to me the very tirst time I met him. Since we live across country we don't get to see him every day. but when we visit he has always \\arml) opened his home to us \\ith home-cooked meals. Louis has served as a real patriarch to his famil) ''hich has included myself. His comiction is ironic to me because I ha\C ah\ays seen him as a deepl] ethical person. His daughter has a strong moral code \\hich she ob\ iously inherited from him. Louis had been planning to retire in California. and we were looking forward to being much closer to him. and in particu lar building a relationship with our chi ldren . He has purchased land with the intent to farm it. and al-.vaysjoked with us about his intent to put our oldest Evan 'to work' farming. Character-building stuff like pulling weeds. driv ing tractors. etc. under the guidance of his grandfather. I \'.Ould love for the opp01tunity lor Loub to have a relationship and influence with our children. and haYe no hesitation \\ ishing for this C\Cn after the com ietion. I .,cc his \a lues of hard work. building comple\ things the right wa~. deferring gratification for )ears. and ethical code be things'' hich I hope he has the opportunit} to pass on to ban and Isla. You may or may not be aware that Louis \\aS diagnosed "ith multiple m) cloma in 2016. M) understanding is that once diagnosed with this cancer the average life expectanc) of 4 years, and it is considered treatable but incurable I am very concerned about his abi lity to survive a prolonged jail sentence. Our oldest Evan is only just now of an age where he may start to form real memories of his time with Louis. One of my motivations in writing this letter is the hope that our children will have the opportunit) to kJ10\\. love. and learn from Louis as they gro\\ up. M: fear is that the) v.ill have little or no memor) of him. Page 1 of 2 Case 1:16-cr-00776-VEC Document 901-1 Filed 11/12/18 Page 46 of 48 .... 1 see Louis' priorities to be family, business, and communit). I know that he has already been hurt great!) by the loss ofthe company built by him and his father, and reputation \\ith his famil) and communit). I hope that these real losses be considered before appl: ing additional punishment. I hope that ~ou \\ill consider the comments abo\e in )OUr sentencing of Louis. and that )Oll \\ill be able to find it in your heart and judgement to sentence him in a manner that\\ ill allo"" him to continue to engage with his family through hb remaining yl.!ars. Sinc=p ;f ») Joseph R. Hill Page 2 of 2 Case Document 901-1 Filed 11/12/18 Page 47 ONE October 22. 20] 8 lion. Vulcrie Capruni 'I'hurgood Marshall United Slates Courthouse 40 Foley Square New York. NY 10007 Dear Judge Caproni: My name is Bill Gotlstine and I have known Lou Ciminelli almost his entire life. 1 began working for the Frank L. Ciminelli Construction Company in I960 and only left when I retired in 2013 alter over 52 years with the company. For most ol'lhat time. I ran ficld operations. My job was to hire and run the people who performed the work and to lake care ofthe equipment. Starting when Lou was around [2 years old. his father would bring him and his siblings in to work and learn the business. Lou and his brothers were tasked with cleaning the yard. and Lou's sisters would answer the phones in the office. Lou would sometimes work on projects under me. He wits a hard worker and a very dedicated individual. All of the boys in the Ciminelli family came up through the ranks As they grew older, they played a part in the growth oflhc company. As the oldest boy, Lou was the most liker to lake over lhe business: He eventually did. and he surprised everyone with whlit it became. No matter how big it grew. though. Lou would always say that he didn't want to he the largest. just the bcst. The customer came first and profit came second. Lou's father Frank was a Fantastic individual who treated everyone with respect and generosity. bou continued that tradition. and managed to treat people even better than his father. Employees were given opportunity alter opportunity to bellcr themselvcs will move up the ladder. lfyou didn't want to climb the ladder. that was line. too. Lou treated everyone like family. His door was always open and you could talk to him whenever you needed, If something went wrong. Lou understood that everyone makes mistakes. He would listen and try to work the problem out. Lou often praised in public, and ht: was equally careful to criticize only in privaltz. The essence of Lou. though. is his generosity. lie is financially generous. but more importantly. he is generous in his feelings toward the people who helped him grow the company. Ilc is deeply grateful and appreciative. As an example. i was the first employee to reach 50 years Case Document 901-1 Filed 11/12/18 Page 48 of 48 of service with the company. To show his appreciation. Lou threw a barbeque in my honor and gave me a brand new Ford F-150 truck. Until the day I retired, I always looked forward to work. The reason for that is the culture that Frank started and that Lou continued and grow. I hope you will ?nd a way to treat him with leniency. Sincerely, Bill Got?ts?tine