New Jersey real-estate magnate Charles Kush- ner, a major donor to Democratic politicians, was sentenced yesterday to two years in federal prison for campaign- finance and tax violations, as well as for retaliating against a witness — his sister — by having her husband seduced by a prostitute.
Kushner was also fined $40,000 by U.S. District Judge José Linares in Newark.
Two years was the maximum suggested by sentencing guidelines after Linares rejected a government effort for a 33-month ceiling.
Prosecutors claimed Kushner had impeded subpoenas of his business and may not have surrendered all copies of the videotape.
Linares said Kushner's generosity in giving money to charity and individuals, attested to in some 700 letters to the judge, was difficult to reconcile with his "vengeful and hateful" acts.
"I do believe that there is a side of you that has done tremendous good," Linares said.
He noted that one of the letters was from Kushner's sister, Esther Schul- der, who received the tape.
She wrote: "I do want to express to you my feeling that despite all that has happened Charles is still the son of my parents. Thus, I would understand any consideration that you find appropriate."
Kushner addressed the judge for eight minutes, calling his own behavior "disgraceful and reprehensible."
"My poor judgment was rooted in a very sad, very tragic family dispute that just got out of control," Kushner said.
Assistant U.S. Attorney Scott Resnik argued that Kushner should get the maximum. "These were crimes of greed, power and arrogance," he said.
Defense attorney Benjamin Brafman countered that Kushner's "extraordinary" philanthropy merited the lowest possible sentence of 18 months.
Brafman insisted that Kushner suffered "terrible abuse" from his older brother, saying Murray Kushner — jealous of his sibling's success — corrupted the relationship between Charles and Esther.
Brafman claimed Charles Kushner was also a victim, and now has endured humiliation. "In this case, there are only victims," the lawyer said.
Kushner, 50, of Livingston, remains free on $5 million bail. He must report to prison by May 9.
Kushner pleaded guilty Aug. 18, admitting that he sent a videotape of the sexual encounter to his sister in retaliation because she was cooperating in a federal investigation of his business activities.
Kushner also pleaded guilty to 16 counts of filing false tax returns for various partnerships affiliated with his company, avoiding up to $325,000 in taxes.
The partnerships falsely claimed more than $1 million in charitable contributions as office expenses for tax years 1998 to 2000.
Partnerships can deduct office expenses from profits, but not charity.
He also pleaded guilty to making false statements to the Federal Election Commission.
