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What to expect from the investigation into Mayor Adams’ campaign
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Elizabeth Kim
Published Nov 9, 2023
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By
Elizabeth Kim
Published Nov 9, 2023
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Ongoing criminal inquiries are typically shrouded in secrecy, but when the FBI raided the home of one of Mayor Eric Adams' key fundraisers, it exposed a probe into his 2021 campaign that compelled Adams to cancel a White House meeting and race back to the city.
The case is a federal public corruption probe into potentially illegal foreign donations from Turkish officials involving a Brooklyn-based construction company and a university in Washington, D.C. that both have ties to Turkey, according to The New York Times.
The campaign is also under the scrutiny of Manhattan District Attorney Alvin Bragg for alleged illegal straw donations, but the Nov. 2 raid at the home of Brianna Suggs — the mayor’s 25-year-old campaign fundraiser — was the first known example of investigators executing a warrant on a member of the mayor's inner circle.
On Wednesday, Adams, who has not been accused of any wrongdoing, said he hired the private firm WilmerHale to represent him. The firm is already in contact with federal authorities, he said.
Gothamist spoke to former federal prosecutors about the legal process behind an FBI raid and what comes next. Here are some important things to know.
Investigators had to prove ‘probable cause’ to get a warrant
Federal investigators obtain search warrants when they’re convinced that a location contains evidence that might show a crime has been committed — and that the evidence might be at risk of being moved or destroyed.
The power of search warrants is not something that is taken lightly, according to several ex-prosecutors who spoke with Gothamist.
“A search warrant is not a prosecutor’s first investigative step given that it is invasive, particularly a search of someone’s home,” said Carrie Cohen, a former assistant U.S. attorney in the Southern District of New York who helped win a corruption conviction on Sheldon Silver, the former state Assembly speaker.
In order to obtain a search warrant, a prosecutor works with an FBI agent on the investigation to write an affidavit or sworn statement detailing steps in the case. The affidavit is then brought to a magistrate judge, who reviews the statement and determines whether it meets the standard of probable cause. It is usually then sealed until the criminal investigation is completed.
A typical search warrant will provide more limited details about the case — the places searched, statutes believed to be violated, and an inventory of everything seized.
Gothamist has not seen a copy of the warrant, but The Times obtained a copy and reported that agents at Suggs’ home seized three iPhones, two laptop computers, papers that included a manila folder labeled Eric Adams, as well as materials that were described as relating to donors.
Who are Adams’ and Suggs’ lawyers?
On Wednesday, Evan Thies, a spokesperson for the campaign, said Adams and Suggs are being represented by Brendan McGuire and Boyd Johnson, both of the law firm WilmerHale. McGuire, who was the mayor's former chief counsel, left the Adams administration in August.
But legal experts said that having the same attorney as the mayor may not be in Suggs' best interest, depending on whether she is charged.
“The government doesn’t like it because it reduces the likelihood someone will cooperate,” said Daniel Richman, a Columbia University Law School professor and former prosecutor for the Southern District. “But at the investigation stage, there is nothing they can do.”
Richman said it would not be surprising for Suggs to change her mind and seek different legal representation later on.
“For most people, they don’t have a Rolodex of lawyers on tap,” he said. “You could easily imagine, as this shakes out, she’ll get separate counsel.”
What are straw donations and why is the FBI concerned about them?
Straw donors and bundlers are familiar actors in a world of campaign finance that experts say can be rife with corruption. Bundlers are fundraisers who encourage multiple smaller donors to give, often at businesses, fundraising parties and events. Those smaller donations are then “bundled” together and handed over to the campaign.
But bundlers encounter trouble when they use the names of people who may not have willingly donated or been aware of whom they were donating to. These are straw donors, and can be used to mask large donations from people who don’t want their names on campaign disclosures. In New York City, they may also be seeking to take advantage of the city’s generous matching funds programs where $1 raised from a small donor is turned into $8 with public money.
Federal law prohibits foreign nationals from contributing to any federal, state or local elections in the United States. That includes anyone who is not a citizen, though there’s an exception for green card holders, who are lawful, permanent residents.
That includes any direct or indirect campaign contributions — so if a Turkish national were to funnel donations through a third party, it would run afoul of the federal law.
The law is meant to prevent foreign governments — such as Turkey or any other country — from exerting influence over U.S. elections big and small. It’s a concern that dates back to the Founding Fathers.
Foreign and straw donations may not be the investigation's sole focus.
Investigations are intentionally obscured so as to prevent tipping off potential targets. So while the search warrant into Suggs’ home may state that investigators are seeking to uncover crimes related to illegal foreign and straw donations, legal experts say that’s not guaranteed to be their primary focus.
“It could just be a piece of the wrongdoing,” Richman said. “They could be focusing on that wrongdoing for the main purpose of getting her cooperation for a larger investigation.”
It’s not clear who prosecutors may be targeting in this investigation, but Richman said “working your way up is a common way” of reaching more powerful individuals in campaign cases.
Do we know who is conducting the investigation?
Lisa Zornberg, the mayor’s chief counsel, confirmed on Wednesday that the administration has been in contact with the office of the U.S. attorney for the Southern District of New York. “The mayor has publicly pledged his cooperation, and we've been in touch,” she said.
Nicholas Biase, a spokesperson for the Southern District of New York, declined to comment.
Damian Williams is the current U.S. attorney for the Southern District of New York, and is the first Black person to hold that position.
“It’s a highly respected and highly regarded office,” said Elizabeth Glazer, a former prosecutor there who specialized in narcotics and organized crime cases.
Williams, who was appointed by President Joe Biden, recently scored a high-profile conviction of Sam Bankman-Fried, a cryptocurrency mogul who stole billions from customers.
In September, he charged New Jersey Sen. Robert Menendez with bribery and acting as a foreign agent.
Prior to that, Williams indicted former New York Lt. Gov. Brian Benjamin on corruption charges, although the bulk of them were later dismissed.
Jon Campbell contributed reporting.
Tagged
Politics
Elizabeth Kim
Elizabeth Kim is a reporter on the People and Power desk who covers mayoral power. She previously covered the pandemic, housing, redevelopment and public spaces. A native of Queens, she speaks fluent Mandarin. Got a tip? Email [email protected]
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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