The Corner

Law & the Courts

If Convicted, Mayor Adams Faces Up to 45 Years’ Imprisonment

New York City mayor Eric Adams speaks with the press in New York City, September 26, 2024. (Bing Guan/Reuters)

In the 57-page indictment against Mayor Eric Adams, on which Haley and David report, the five statutory charges are set forth at the end, starting at page 49. The penalties aggregate to a potential 45 years’ imprisonment.

To be clear, that is the statutory maximum (the minimum is zero time). Federal sentencing is controlled by the Sentencing Guidelines. For conviction on some of all these charges, the guidelines would no doubt call for a stiff penalty, but would unlikely be close to 45 years.

The indictment also includes significant financial penalties — fines and forfeiture.

Below, I’ve broken out the maximum statutory penalties of incarceration in the five counts. Note: most sections are from the federal penal code, which is Title 18, U.S. Code. Two charges derive from federal campaign law, Title 52, U.S. Code; because of its authority over foreign commerce and foreign relations, the federal government has jurisdiction over foreign contributions even to state and local elections. Here’s the breakdown:

Count One: Conspiracy (§371) — five years.

Count Two: Wire Fraud (§1343) — 20 years.

Count Three: Solicitation of foreign contributions (Title 52, §§30121 and 30109) — five years.

Count Four: Solicitation of foreign contributions (Title 52, §§30121 and 30109) — five years.

Count Five: Bribery (§666) — ten years.

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