One is in jail. The other is 83-years old with a tarnished reputation.
Hopefully, someone learned a lesson.
That was the message from U.S. District Judge Charles S. Haight Jr. Wednesday as he sentenced Peter Botti, Sr. to a year of probation and a $3,000 fine at U.S. District Court in New Haven.
Peter Botti had pleaded guilty to helping his son, Shelton developer James Botti, hide large amounts of cash from the IRS by depositing the money into bank accounts in small bundles.
James Botti is currently serving a six year sentence in federal prison for money structuring and “honest services mail fraud,” which deals with trying to influence public officials.
Haight said the combined outcome for Peter and James Botti will serve as a general deterrence to the public — and Shelton specifically.
“Everyone must understand that you can’t attempt to influence public officials for your own personal gain,” Haight said. “You can not conceal the existence of cash from the FBI … you can not lie to them.”
“I would assume that the legal problems and criminal prosecution of the Botti family are subject of widespread knowledge and commentary in Shelton,” Haight said. “What they will learn is that the son who engaged in felonious conduct for his own personal gain, and in doing so made his father a felon, will received a significant period of jail time. The father who did not more, but not less, than assist the son, is convicted as a felon.”
Upright Citizen Turned Felon
Peter Botti served in the United States military in World War II and the Korean War.
He made the rank of sergeant, despite lacking a high school diploma.
He spent his adult life working as a janitor, an auto mechanic and a deli owner. He raised six children with his wife.
“Peter Botti had led a completely honorable life,” Haight said. “Law-abiding. Productive.”
But that changed in 2006, when Peter Botti’s son asked him for help concealing a large amount of cash. Between June and November, Peter Botti helped James Botti deposit $97,800 cash into various bank accounts.
Federal agents, investigating James Botti as part of a larger corruption probe in Shelton, caught on. In July, they visited James Botti at his office in Shelton.
While they were interviewing James Botti in a kitchenette for four hours, Peter Botti removed cash from an office safe and left the building, according to federal prosecutors.
“God Bless that old man,” Botti later said, according to witness testimony during his first trial. “He had the wherewithal to take the cash out of the office.”
Haight called Peter Botti’s involvement “a stressing thing to observe.”
“The fact that he acted in this manner is a source of great sorrow and distress to Mr. Botti, members of his family, to the community at large. To this court,” Haight said.
Haight said when sentencing James Botti, he took into account “this betrayal of the duties of affection and loyalty and love that he owed to his father.”
Botti’s attorney, Eugene Riccio, called the change “unfortunate.”
“I think prior to this very unfortunate situation, Mr. Botti’s life is what every United States citizen’s should be,” Riccio said. “I’m sorry to say, his legacy will be tarnished by it.”
Peter Botti declined to comment during and after the sentencing.
The Sentence
Peter Botti was facing 10 to 16 months in prison, and a $3,000 to $30,000 fine for the single count of money structuring.
Riccio had asked Judge Haight to consider straying from the sentencing guidelines and impose the probation an no fine — based on Peter Botti’s history, health and age.
Federal prosecutors didn’t object to the probation, but asked Judge Haight to fine Peter Botti.
“We do ask some punitive measure be made here in the form of a fine,” Senior Litigation Counsel Richard Schechter said during the sentencing. “There has to be some message sent to a person who has aided another in criminal activity. A message of deterrence in the form of a fine… If you help a family member commit a crime, and if you don’t get sentenced to prison, you must pay a fine.”
Haight opted for $3,000, which he said was a significant amount based on Peter Botti’s finances. The fine can be paid in installments of $250 a month, Haight said.
Corruption Scorecard
The sentencing is the latest action in the government’s corruption probe in Shelton. Federal agents claim that developers have given cash and favors to public officials in Shelton in order to gain favor on projects.
In James Botti’s trial, federal prosecutors have said the target in the investigation is Mayor Mark Lauretti, who has never been charged and has denied wrong doing.
“The FBI investigation is what it is,” Lauretti said at an Alderman meeting Jan. 25. “It’s been going on for eight years. I imagine it’ll go on for another, X amount of years.”
Those charged in the probe include:
Peter Botti — Father of developer James Botti, Peter Botti pleaded guilty to money structuring, and was sentenced to probation.
James Botti — Shelton developer convicted at two trials of money structuring, conspiracy to structure cash deposits, and honest services mail fraud.
Elliot Wilson — The former Shelton building official pleaded guilty to lying to a federal grand jury when he said he didn’t accept gifts from developers. He is scheduled to be sentenced later this month, and faces up to five years in prison.
Robert Scinto — Shelton developer who pleaded guilty to making false statements to federal agents when he gave no more than Christmas gifts to Shelton officials.
