Follow-up On Charles (Joe) Hynes: Feds and Feuds
Following up on my earlier post, Joe Hynes exit as Brooklyn DA is getting uglier. The New York Times is reporting that the US Attorney's Office for the Eastern District of New York has joined the investigation. While Hynes' alleged use of office e-mail for electoral purposes is not a federal crime, his use of over $200,000 in official funds to pay his political consultant, Mortimer Matz, may be. The potential charges against Hynes include Federal Program Fraud under 18 USC Section 666, wire fraud under 18 USC Section 1343 or mail fraud under 18 USC Section 1341.
It appears that a two-pronged investigation into Hynes began shortly after he left office in January 2014. According to the New York Observer, Hynes left the office a shambles, destroyed documents and refused to provide his successor with any sort of meaningful transition assistance. The front office of new Brooklyn DA Ken Thompson flagged Hynes' large expenditures to Matz. Separately, the New York City Department of Investigations had begun to investigate the same conduct. The scathing DOI report - and the underlying documents - were first turned over to New York State Attorney General Eric Schneiderman. Those documents have now also been provided to the US Attorney.
If Hynes is charged and ultimately convicted in federal court, he would be exposed to significant jail time. The maximum sentence under the mail and wire fraud statutes is 20 years, federal program fraud carries a maximum penalty of 10 years. Under the United States Sentencing Guidelines, Hynes would likely face a sentence of 37 - 46 months if he were convicted after trial of an offense involving more than $200,000 in misused funds. This back-of-the-envelop calculation includes a likely increase for an abuse of a position of trust.
Twelve months ago, Joe Hynes had the opportunity to ride off into the sunset as the conquering hero after 24 years as Brooklyn's DA. Today, it seems possible that he may spend years behind bars as a result of his fruitless attempt to hold on for one more term.