Prosecutors Seek 15 Years in Prison for Ex-US Sen. Robert Menendez

Federal prosecutors recommend a judge sentence Robert Menendez, the former New Jersey senator found guilty of corruption offenses, to 15 years in prison.

“This case is the first ever in which a Senator has been convicted of a crime involving the abuse of a leadership position on a Senate committee” reads the 108-page prosecution submission filed by the U.S. Attorney’s Office for the Southern District. “It is the first ever in which a Senator—or any other person—has been convicted of serving as a foreign agent while being a public official.”

A jury in July found Menendez guilty of 16 separate counts, including bribery, fraud, extortion and obstruction of justice. His co-defendants, Wael Hana and Fred Daibes, were also convicted on all counts.

The filing recommends that U.S. District Court Judge Sidney Stein, of the Southern District of New York, sentence Hana to at least 10 years, and Daibes to 8 years.

Prosecutors allege the now-former senator used his political influence to meddle in multiple federal and state criminal investigations to protect his co-defendants. Prosecutors also allege he agreed to take actions benefiting the Egyptian government in exchange for bribes.

The former senator, 71, who served as a Democrat, denies any wrongdoing and says he plans to appeal.

Menendez’s defense counsel argues a sentence of less than two years is appropriate for their client, stressing his lifetime of good deeds.

Advisory federal sentencing guidelines suggest a sentence of at least 24 years for Menendez, while the Probation Department has recommended a sentence of 12 years.

“Menendez’s conduct may be the most serious for which a U.S. senator has been convicted in the history of the Republic,” prosecutors told Stein. “Very few senators have even been convicted of any criminal offense, and of those, most of the senators engaging in bribery accepted amounts that are a fraction of what Menendez reaped, even adjusting for inflation.”

Stein should impose a minimum fine of $2,823,681, prosecutors said.

Sentencing is scheduled for all three men on January 29.

Meanwhile, Menendez’s wife, Nadine Menendez, is set to face trial in February. She was initially charged alongside the others, but her trial was delayed as she received treatment for breast cancer.

Defense counsel for all three men did not immediately return a request for comment.

Menendez is represented by Adam Fee and Avi Weitzman of Paul Hastings; Hana is represented by Laurence Lustberg, Elena Cicognani and Andrew Marino of Gibbons; and Daibes is represented by Cesar de Castro of the Law Firm of Cesar de Castro.