February 10th Release

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    Spano pleads guilty to underpaying income taxes by $53,000 over

    multi-year period

    For immediate release Contact: Jim Cavanaugh

    February 10, 2010 (914) 261-2888

    (518) 694-8216

    Today Nick Spano pleaded guilty in federal district court in White Plains, NY to a one-count

    Information charging him under Title 26 Section 7212(a) with underreporting his income

    between 2000 and 2008. Mr. Spano and the government agree that this resulted in a $42,419

    underpayment of Mr. Spanos federal income taxes and a $ 10,605 underpayment of his New

    York State income taxes. The offense carries a minimum sense of probation and a maximum

    sentence of three years imprisonment.

    Said Spano:

    Today is obviously not a good day for me or my family, but I want to be honest and open about it. I did

    not pay all the income taxes that I should have. For this I am sorry and I take full responsibility.

    Ive been very lucky to have the chance to help a lot of people during my life, whether it was the people

    of my Senate district, the developmentally disabled who counted on me to be their advocate, or the

    clients I have served since leaving the Senate. I apologize to anyone I have let down, and I look forward

    to making this right in the eyes of the court.

    Said Levitt:

    When he asked for our help Nick Spano was clear that he would take full responsibility for any

    wrongdoing, but that he would also fight any allegations that were untrue. Today he has done that by

    agreeing to a resolution with the U.S. Attorney that ends these matters by acknowledging a failure to

    properly report income. The amount of unpaid taxes is not insignificant, but it is also not the type of

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    Spano Plea

    Page two

    offense that normally brings this much attention. Nick Spano has a lifetime of serving the people. I hope

    that his record of service and accomplishments will be taken into account as people consider his failure

    to properly report his income.

    Questions have been asked regarding language in the Information that suggest the

    governments investigation extended beyond the underreporting of income. Levitt, Mr. Spanos

    attorney, explained, An information is a charging document that is not returned by a grand jury but

    rather is written by the United States Attorneys Office, and the government has complete control overits content. Mr. Spanos guilty plea, however, concerned only the charge that he underreported his

    income. The firm policy of the United States Attorneys Office is to require that any plea agreement

    include a plea to the greatest offense the government believes it can sustain. After several frank

    discussions between the government and Mr. Spanos counsel it was agreed that the appropriate

    disposition was a plea to a tax-related offense.

    Nick Spano enjoyed a distinguished 28-year career in the New York State Legislature. Senator Spano was

    first elected at the age of 25 to the State Assembly. In 1986, he was elected to the State Senate, where

    he served for 20 years. During his tenure, Spano rose to the senior ranks of the Legislature, serving as

    the Senior Assistant Majority Leader. He was particularly known for his advocacy on behalf of people

    with mental illness and developmental disabilities, and regularly fought for funding for those vulnerable

    populations in the face of proposed budget cuts. He was instrumental in obtaining funding for local

    schools, and was heavily involved in the rescue of the Westchester Medical Center during its financial

    crisis several years ago. As a senator , Spano was known for his close working relationships with

    members of the New York State Legislature on both sides of the aisle, in both houses.

    After leaving the Senate, Mr. Spano founded Empire Strategic Planning, a consulting and lobbying firm

    specializing in state and government relations in New York.

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