A Florida man convicted of taking $2.5 million in bribes and kickbacks from companies seeking contracts to work on energy saving projects in federal buildings was sentenced to three years probation Friday in federal court in Burlington.
One of the projects included a Department of Veterans Affairs facility in White River Junction.
Bhaksar Patel, 69, appeared by Zoom for the hearing Friday morning, where Judge Geoffrey Crawford sentenced Patel to three years probation — a far cry from the 70-87 months of imprisonment recommended by federal sentencing guidelines, largely because of Patel’s failing health.
“The reasons for the lower, non-incarcerative sentence are several,” Crawford said to Patel during the hearing. “But above all, I would identify your poor health, and the prevailing conditions of the pandemic.”
He noted that someone like Patel, who has kidney failure, for which he receives dialysis treatments three times a week, would be at “great risk of death or serious illness” in prison, particularly given the outbreaks of Covid-19 in prisons across the country in recent months.
Both the prosecution and the defense implored the judge to heavily consider Patel’s health issues in his sentencing decision.
Before the sentence, Patel told Crawford about his life leading up to his crime. Patel said he arrived in the United States from India 42 years ago, with nothing but $300 and three small suitcases of belongings. He said he’s spent the last several decades building up his career as an engineer and was proud of his work. Patel said he’s even saved the U.S. government close to a billion dollars over the course of his career in negotiating government contracts.
Patel said when he got the job at Schneider Electric — where he ultimately committed his crimes — he was already in his 60s. He said he got stuck in a culture of misconduct and dishonesty, and felt like he was too old to get a new job somewhere else.
“But at the same time, I take full responsibility for my actions,” Patel said. “My own poor choices are the sole reason I’m here. No one put me here but me.”
The bribes and kickbacks spanned nearly 5 years, involving sums ranging from $6,000-136,000, a number of contractors, and dozens of separate payments. Crawford said the immense sum of money, and the span of time in which the misconduct occurred were worth taking into consideration in sentencing. He noted that the $2,536,119 Patel received in ill-gotten gains is an “astonishing amount” for this district. Patel now owes that sum in forfeiture.
Patel has already paid back $450,000 to the government from the sale of his personal home, and he now resides in a 2-bedroom apartment in New York with his adult son. Patel’s lawyer, David Haas, noted that Patel has also lost a number of other things in the last several years, including his career, his health, and his wife, who died a year and a half ago.
Crawford waived a number of possible conditions for Patel’s release, including a period of home confinement noting that it would be “almost impossible” for Patel to be a repeat offender, given his unemployed status. Crawford also waived the possibility of a $5 million fine, citing Patel’s inability to pay, given the repayment he still owes.
Haas told Crawford that Patel is committed to trying to right some of his wrongs in his final years.
“During this time, Mr. Patel has done everything possible in his own life to right this wrong to the extent that he can,” Haas said, noting that Patel has committed to donating his time and money to local food shelves, Habitat for Humanity, and to educating young people, in the hopes they can avoid making some of the same mistakes he made.
Crawford emphasized the importance of Patel imparting his wisdom onto young people in business. Crawford asked that in the coming months, Patel report back so that Crawford can hear about Patel’s impact as he tries to make amends.
“I simply ask that you follow through,” Crawford said. “This is not a condition of your probation, but rather a condition of your moral, personal commitment to making things right.”
