Compared to someone like former Bridgeport Mayor Joseph Ganim, Shelton developer James Botti is “minor league.”
So it didn’t make sense to Senior U.S. District Judge Charles Haight that Botti’s recommended sentence stretched as high as 30 years in prison, while Ganim’s topped out at nine.
Ganim was convicted of 16 corruption charges, including bribery, extortion, tax fraud and mail fraud. He was sentenced to nine years in prison and served about seven years before his release this summer.
Botti, who was accused of plying local public officials with cash, gifts and favors in exchange for approvals on his development proposals, was convicted of three counts — mail fraud, structuring and conspiracy to structure.
So Haight strayed from the federally recommended guidelines Friday when he sentenced Botti to six years in prison for the mail fraud charge.
“Here (Ganim) is a city mayor who broke every law available to him, and is convicted of 16 counts,” Haight said. “And the top end of the guideline sentence is 108 months. There is something very peculiar about the way the guidelines come out in this (Botti’s) case.”
“I would think it reasonable to say that in the game of corrupting local politicians, Mr. Ganim is a major league player,” Haight said. “And, not to indicate that he acted properly, but Mr. Botti, he’s a minor league player, one would think.”
Click here to read all the Valley Indy coverage of the Botti trial.
Prosecutors accused Shelton Mayor Mark Lauretti of taking bribes from Botti, but never charged Lauretti with any crime. Lauretti has denied any wrongdoing. He said the government’s constant dropping of him name — without charges — is not fair.
Botti Speaks
In court, Botti spoke during his sentencing for the first time publicly in the case.
Without referring to the charges or the case, he simply asked Judge Haight to consider Botti’s three sons when he determined the sentence.
“I have three boys,” Botti said. “I love them very much. And they love me. I care for them.”
Botti’s sister, uncle and neighbor also spoke on his behalf Friday.
Botti’s uncle, Robert Zyskoski, said Botti has already lost his wife, his assets and his standing in the community as a result of the case.
“I believe he paid the price,” Zyskoski said. “I’m begging you, show leniency if at all possible.”
Zyskoski said it was Botti’s generosity and wild story-telling that landed him in this situation.
Botti’s family described Botti as a man “who would do anything for anyone,” someone who donated time and money, and even sent a large anonymous check to an orphaned boy he read about in the newspaper.
Conflict
But, as Haight later acknowledged, “Mr. Botti was convicted by his criminal acts, not by his words, his social attitude, or his friendship with others.”
Haight called to question how Botti could involve his father in the situation. Peter Botti pleaded guilty to structuring and conspiracy to structure in the probe. He was accused of helping Botti move cash around to hide it from federal agents.
Peter Botti is scheduled to be sentenced in November.
“Mr. Botti turned his father into a convicted felon,” Judge Haight said. “There’s a great sadness to that.”
Why So Much Time Recommended?
The guidelines suggested such a high sentence based on the amount of money involved in the crime.
The government attorneys pinpointed that figure at roughly $6.5 million — the amount of money Botti was loaned to complete his retail plaza at 828 Bridgeport Avenue in Shelton.
U.S. attorneys asked Haight to impose a sentence “much closer to the guidelines range than the sentence suggested by the defendant.”
Botti’s attorney, William Dow III, had asked for no more than two years in jail. Based on that request, Haight interpreted the government’s request as a 15-year jail sentence.
But in the end, Haight decided that neither was reasonable, and settled on six years for the mail fraud count. For each of the other charges — structuring and conspiracy to structure — Haight sentenced Botti to five years in prison.
All three terms are to be served at the same time, meaning he will spend no more than six years in prison.
After his release, Botti will undergo three years of supervised release.
He was ordered to pay a $25,000 fine, in addition to the $120,500 he forfeited to the government after his structuring conviction.
Haight denied Botti’s request to remain free on bail pending his appeal of the case, and instead ordered him to turn himself into the U.S. Marshals by Nov. 29.
“We’re gratified that the judge recognized that the guideline sentence was preposterous,” said William Dow III, Botti’s attorney. “I wish the judge, while sympathetic, had been even more so in giving Jimmy an even lesser sentence.”
What’s Next
Thomas Carson, a spokesperson for the U.S. Attorney’s Office in New Haven, said the government would not comment on the sentence.
However, Carson said their investigation into corruption in Shelton continues.
But Dow doubted that investigation would go anywhere now that the Botti case was completed.
“It’s unfortunate that Jimmy Botti became the whipping boy for the government’s claims against Shelton,” Dow said outside the courthouse Friday. “Hopefully that’s over and Mayor Lauretti can go on with his life, the people of Shelton can go on with their lives.”
