Bencivengo won't report to prison April 29
Former Hamilton Mayor John Bencivengo has another few days of free air before reporting to federal prison after a delay from the Bureau of Prisons.
According to a notice filed with the court this week, the government has not told Bencivengo where to report to prison. He was originally scheduled to report for his 38-month sentence on April 29, but the order set aside that date in favor of whatever date the bureau sets for him to report.
District Judge Anne Thompson sentenced him to 38 months in prison with two years of supervised release, a $3,000 fine and $7,400 forfeiture last month.
A jury convicted Bencivengo in November of extortion under color of official right, attempted extortion under color of official right, two violations of the travel act and one charge of money laundering. He resigned shortly thereafter, and Council Vice President Kelly Yaede was selected to step into the office until a special election this fall.
A government cooperating witness, Marliese Ljuba, testified she gave him that $12,400 in three payments over the course of 2011 in exchange for his influence with two members of the local board of education. She meant to keep her lucrative health insurance brokerage with the district and prevent it from going out to public bid.
Bencivengo has maintained his innocence since the scandal broke last year, claiming the $12,400 was a loan and not a bribe. He filed a disclosure to that effect before the trial last year.
Bencivengo filed an appeal of his sentence and conviction last month as well, and claimed he could no longer afford counsel. He has been represented throughout the trial by Jerome Ballarotto.
The convicted middleman in the case, Robert Warney, was sentenced to 18 months in prison on one count of money laundering. He admitted to funneling one $5,000 payment from Ljuba to Bencivengo and testified for the prosecution at trial. Warney is set to report to prison May 3, according to the sentencing.
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