Malcolm Smith (American politician)

A Queens native, Malcolm Smith earned a bachelor's degree in business administration from Fordham University and went on to earn an MBA from Adelphi University. At Adelphi, he was inducted into Delta Mu Delta, an honor society for business administration. He has also completed certificate programs from Harvard Law School and Wharton Business School.{{cite web|title=Smith, Malcolm|url=http://www.ourcampaigns.com/CandidateDetail.html?CandidateID=6023|website=ourcampaigns.com|publisher=Our Campaigns|access-date=26 August 2016}}{{better source needed|date=January 2020}}

Prior to his political career, Smith worked in real estate development. In 1985, he was named president of Neighborhood Housing Services of Jamaica. In 1991, he founded Smith Development Corporation, and subsequently built over 100 housing units in southeastern Queens, Far Rockaway and Brooklyn. He was also responsible for several notable commercial projects such as the Pathmark Plaza-Springfield Gardens, the interior of the Federal Aviation Administration building, and the baseball fields at Roy Wilkins Park in Jamaica.

File:Hiram Monserrate and Malcolm Smith.jpg in 2009.]]

Smith began his political career as a senior aide and political protégé to Congressman Floyd H. Flake from 1986 to 1991.{{cite news |title=Federal Grand Jury Probes Real Estate and Nonprofit Deals for Malcolm Smith, Other Queens Pols |first1=Kenneth |last1=Lovett |first2=Barbara |last2=Ross |first3=Greg B. |last3=Smith |url=http://articles.nydailynews.com/2010-04-02/news/29437079_1_senate-president-malcolm-smith-queens-pols-smith-and-meeks |archive-url=https://archive.today/20130208151338/http://articles.nydailynews.com/2010-04-02/news/29437079_1_senate-president-malcolm-smith-queens-pols-smith-and-meeks |url-status=dead |archive-date=February 8, 2013 |newspaper=Daily News |date=April 1, 2010 |access-date=January 8, 2013}} Smith also served as a chief aide to City Councilman Archie Spigner, who was an assistant to Mayor Ed Koch,{{cite news|title=For State Senate, Delay to Get a Majority Leader|first=Nicholas|last=Confessore|author-link=Nicholas Confessore|url=https://www.nytimes.com/2008/11/28/nyregion/28smith.html?pagewanted=all|newspaper=New York Times|date=November 27, 2008|page=A35|access-date=January 8, 2013}} and a member of the advance staff for vice presidential candidate Geraldine Ferraro in 1984.

Smith was first elected to the New York State Senate in a 2000 special election. He was elected minority leader in January 2007, succeeding David Paterson. After the 2008 state elections, Democrats gained a majority of seats in the State Senate for the first time in 40 years, and Smith was subsequently chosen as Majority Leader and Temporary President of the body in January 2009. He was the first African American to hold this position.{{cite news |title=Malcolm on the Muddle |first=Morgan |last=Pehme |author-link=Morgan Pehme |url=http://www.cityandstateny.com/malcolm-muddle/ |newspaper=City & State |date=July 30, 2010 |access-date=January 8, 2013 |archive-url=https://web.archive.org/web/20130224050339/http://www.cityandstateny.com/malcolm-muddle/ |archive-date=February 24, 2013 |url-status=dead }} However, on June 8 of that year, Sens. Pedro Espada Jr. and Hiram Monserrate joined with the thirty Republicans in voting to replace Smith as Senate Majority Leader, triggering the 2009 New York State Senate leadership crisis.{{cite news |title=Smith Ousted From Senate Leadership Position |first=Howard |last=Schwach |url=http://www.rockawave.com/news/2009-06-12/top_stories/024.html |newspaper=Wave of Long Island |date=June 12, 2009 |access-date=January 8, 2013 |archive-url=https://web.archive.org/web/20150909020417/http://www.rockawave.com/news/2009-06-12/top_stories/024.html |archive-date=September 9, 2015 |url-status=dead }} The crisis concluded the following month when Espada and Monserrate abandoned their alliance with the Republicans and rejoined the Senate Democratic Conference. As a compromise, Smith retained only the title of Temporary President of the Senate, with the title of Majority Leader going to Espada.{{cite news|last1=Hakim|first1=Danny|title=Albany Impasse Ends as Defector Rejoins Caucus|url=https://www.nytimes.com/2009/07/10/nyregion/10albany.html|access-date=26 August 2016|newspaper=New York Times|date=July 10, 2009|page=1}}

Smith's legislative achievements included securing funding for a health clinic in Hollis, a toxic waste cleanup project in Jamaica, and a three-bill package to combat child sexual abuse.{{cite web|title=Governor Signs Measure Spearheaded By Senator Smith Strengthening Child Sex Abuse Crimes|url=https://www.nysenate.gov/newsroom/press-releases/malcolm-smith/governor-signs-measure-spearheaded-senator-smith-strengthening|website=nysenate.gov|publisher=New York State Senate|access-date=26 August 2016|date=August 8, 2008}} He also helped launch a series of forums statewide for prevention of foreclosure.{{cite web|title=Smith Advances Legislation to Help Stem the Tide of Mortgage Foreclosure|url=https://www.nysenate.gov/newsroom/press-releases/malcolm-smith/smith-advances-legislation-help-stem-tide-mortgage-foreclosure|website=nysenate.gov|publisher=New York State Senate|access-date=26 August 2016|date=June 3, 2011}}

Smith also sought to curb gun violence.{{cite web|title=Press Release - State Sen. Malcolm Smith Secures $3M in Funding for Anti-Gun Violence Program - "Operation SNUG"|url=https://www.nysenate.gov/newsroom/press-releases/malcolm-smith/state-sen-malcolm-smith-secures-3m-funding-anti-gun-violence|website=nysenate.gov|publisher=New York State Senate|access-date=26 August 2016|date=March 27, 2013}} In the wake of the Sean Bell shooting incident, Smith created and chaired the Tri-Level Legislative Task Force, which released a report on increasing public confidence in law enforcement and the criminal justice system. Some of its recommendations were passed by the state legislature.{{cite web|title=Tri Level Legislative Taskforce Hosts Final Hearing On Police Protocol And Reform|url=https://www.nysenate.gov/newsroom/press-releases/malcolm-smith/tri-level-legislative-taskforce-hosts-final-hearing-police|website=nysenate.gov|publisher=New York State Senate|access-date=26 August 2016|date=November 25, 2007}}

Smith was re-elected to his State Senate seat without opposition in 2012.{{cite news |title=New York State Legislature – Election 2012 |url=http://elections.nytimes.com/2012/results/states/new-york/legislature |newspaper=New York Times|access-date=January 8, 2013}} Following his reelection, he joined forces with the Independent Democratic Conference to form a "bipartisan governing coalition" with Senate Republicans. He expressed interest in running for mayor of New York City as a Republican in the 2013 mayoral election.{{cite news|title=Coalition Is to Control State Senate as Dissident Democrats Join With Republicans|first1=Thomas|last1=Kaplan|first2=Danny|last2=Hakim|url=https://www.nytimes.com/2012/12/05/nyregion/malcolm-smith-defects-joining-dissenting-democrats.html|newspaper=New York Times|date=December 5, 2012 |page=A26|access-date=January 8, 2013}} He would have needed a Wilson Pakula certification in order to do so.{{cite news|title=Malcolm For Mayor On GOP Line Over Before It Starts?|first=Liz|last=Benjamin|url=http://capitaltonightny.ynn.com/2012/08/malcolm-for-mayor-on-gop-line-over-before-it-starts/|publisher=Your News Now|date=August 1, 2012|access-date=January 8, 2013}} His attempts to obtain that certification led to his April 2, 2013 arrest by the FBI for allegedly attempting to bribe Republican leaders whose permission he needed to run for mayor on the Republican ticket despite being a registered Democrat.{{cite news|last1=Wilson|first1=Michael|last2=Rashbaum|first2=William K.|title=Lawmakers in New York Tied to Bribery Plot in Mayor Race|url=https://www.nytimes.com/2013/04/03/nyregion/state-senator-and-city-councilman-accused-of-trying-to-rig-mayors-race.html|access-date=24 August 2016|newspaper=New York Times|date=April 3, 2013|page=A1}} Following Smith's arrest, he was expelled from the Independent Democratic Conference.{{cite news|last=Toure|first=Medina|title=Queens State Senator Becomes Latest Democrat to Join Breakaway GOP-Aligned Faction|url=http://observer.com/2017/01/queens-state-senator-becomes-latest-democrat-to-join-breakaway-gop-aligned-faction/|access-date=1 August 2018|newspaper=Observer|date=25 January 2017}} In September 2014, Smith's Democratic primary challenger, former New York City Councilman Leroy Comrie, defeated him in a landslide.{{cite news|last1=McKinley|first1=Jesse|title=Democrats Reject Indicted State Senator in Queens but Renominate One in Brooklyn|url=https://www.nytimes.com/2014/09/10/nyregion/democrats-reject-indicted-state-senator-in-queens-but-renominate-one-in-brooklyn.html?_r=0|access-date=14 November 2014|newspaper=New York Times|date=10 September 2014|page=A24}}

In 2010, a federal grand jury investigated Smith's involvement in various nonprofit groups.

In 2010, Smith stated that if the Democrats retained control of the State Senate in the 2010 elections, he would direct his caucus to use gerrymandering and "draw the lines so that Republicans will be in oblivion for the next twenty years."{{cite web|url=http://www.cityhallnews.com/newyork/article-1262-democratic-redistricting-will-send-gop-to-ldoblivionrd-smith-says.html |title=Democratic Redistricting Will Send GOP to "Oblivion," Smith Says |access-date=2010-05-04 |url-status=dead |archive-url=https://web.archive.org/web/20100504213337/http://www.cityhallnews.com/newyork/article-1262-democratic-redistricting-will-send-gop-to-ldoblivionrd-smith-says.html |archive-date=May 4, 2010 }} The Democrats lost control of the chamber in that election and his threat would not be fulfilled.

On April 2, 2013, Smith was arrested by the FBI on federal corruption charges.{{cite press release |author= |title=Manhattan U.S. Attorney And FBI Assistant Director-In-Charge Announce Federal Corruption Charges Against New York State Senator Malcolm Smith And New York City Council Member Daniel Halloran |date=2013-04-02 |publisher=United States Department of Justice, US Attorney's Office for the Southern District of New York |url=https://www.justice.gov/usao/nys/pressreleases/April13/SmithetalPR.php |access-date=2013-04-02 }}{{cite web|title=Criminal Complaint filed in United States District Court for the Southern District of New York|url=https://www.justice.gov/sites/default/files/usao-sdny/legacy/2015/03/25/Smith%2C%20Malcolm%20et%20al.%20Complaint%20%28Signed%29_0.pdf|publisher=United States Department of Justice|date=March 29, 2013|access-date=24 August 2016}}

Smith's trial, along with the trial of co-defendants Dan Halloran, Joseph J. Savino, Vincent Tabone, and Joseph Desmaret, began in the Federal Court in White Plains, New York, on June 1, 2014.{{cite news|last1=Berger|first1=Joseph|title=Trial Begins for Queens Democrat Charged With Bribery, Extortion and Fraud|url=https://www.nytimes.com/2014/06/02/nyregion/trial-begins-for-queens-democrat-charged-with-bribery-extortion-and-fraud.html|access-date=24 August 2016|newspaper=New York Times|date=June 2, 2014|page=A19}} Shortly after the trial started, it became known that some conversations that had been secretly recorded and could be used as evidence were in Yiddish, and that prosecutors had not given those recordings to the defense. The Yiddish amounted to more than 28 hours on the recordings, which would have taken weeks to translate, transcribe, and analyze. This would have pushed what would have been a two-week trial well into July. After four of the jurors contended a longer trial would interfere with work and child care, Smith and some of the defendants were granted a mistrial on June 17, 2014.{{cite news|last1=Berger|first1=Joseph|title=Mistrial Is Declared in Malcolm Smith Corruption Trial|url=https://www.nytimes.com/2014/06/18/nyregion/mistrial-declared-in-malcolm-smith-corruption-trial.html|access-date=24 August 2016|newspaper=New York Times|date=June 18, 2014|page=A1}}{{cite news|title=Malcolm Smith Corruption Trial Ends In Mistrial|author=Jim Fitzgerald|url=http://7online.com/politics/malcolm-smith-corruption-trial-ends-in-mistrial/89193/|publisher=ABC7|date=June 17, 2014|access-date=July 26, 2014}} Halloran did not request a mistrial, and was convicted of the charges against him.{{cite news|url=https://www.nytimes.com/2014/07/30/nyregion/daniel-halloran-found-guilty-of-taking-bribes-and-orchestrating-payoffs.html?_r=0|title=Ex-New York Councilman Is Convicted in Corruption Case|last=Santora|first=Marc|date=July 30, 2014|newspaper=New York Times|page=A24|access-date=23 August 2016}}{{cite news|last=Riley|first=John|url=http://www.newsday.com/news/new-york/daniel-halloran-ex-nyc-councilman-convicted-of-bribery-1.8917168|title=Dan Halloran, Former NYC Councilman, Convicted of Bribery|newspaper=Newsday|date=July 29, 2014|access-date=23 August 2016}}

At Smith's second trial, he was convicted on February 5, 2015, of all the corruption charges he faced. Those charges included conspiracy, wire fraud, travel act bribery, and extortion.{{cite web|last=Orden|first=Erica|url=https://www.wsj.com/articles/former-n-y-state-senator-malcolm-smith-convicted-of-bribery-1423184469|title=Former N.Y. State Senator Malcolm Smith Convicted of Bribery|newspaper=Wall Street Journal|date=February 5, 2015|access-date=April 3, 2015}} The jury deliberated only briefly before returning with the guilty verdict.{{cite news|last1=Vega|first1=Tanzina|author-link=Tanzina Vega |title=Malcolm Smith, Ex-New York Senate Chief, Is Convicted of Corruption|url=https://www.nytimes.com/2015/02/06/nyregion/malcolm-a-smith-is-convicted-of-corruption-charges.html|access-date=24 August 2016|newspaper=New York Times|date=February 6, 2015|page=A20}} On July 1, 2015, Judge Kenneth M. Karas sentenced Smith to seven years in prison.{{cite news|last1=Berger|first1=Joseph|title=Malcolm Smith, Ex-New York Senate Majority Leader, Is Sentenced to 7 Years in Bribery Case|url=https://www.nytimes.com/2015/07/02/nyregion/malcolm-smith-ex-new-york-senate-majority-leader-is-sentenced-to-7-years-in-bribery-case.html|access-date=24 August 2016|newspaper=New York Times|date=July 2, 2015|page=A18}}

As of July 2019, Smith was incarcerated at the federal penitentiary in Lewisburg, Pennsylvania.{{cite news|url=https://www.cityandstateny.com/articles/politics/new-york-state/what-9-disgraced-new-york-politicians-are-doing-now.html|title=What 9 disgraced New York politicians are up to now|work=City & State New York|date=July 2, 2019|last=Santiago|first=Amanda}} The Bureau of Prisons' Inmate Locator lists Smith's status as "Released" as of October 22, 2021.{{Cite web |title=Search for "MALCOLM A SMITH" Register Number: 68381-054 |url=https://www.bop.gov/inmateloc/ |access-date=2022-06-21 |website=Bureau of Prisons Inmate Locator}}

Smith is a member of the African Methodist Episcopal Church. He is married to Michele Lisby-Smith. They have three children, Tracey, Julian and Amanda. In 2006, a former aide of Smith's filed a paternity suit against him, and he eventually acknowledged paternity of the aide's child and began paying child support.

• List of minority governors and lieutenant governors in the United States

{{Reflist|colwidth=30em}}

• [http://www.nysenate.gov/senator/malcolm-smith Official website]
• [http://www.votesmart.org/bio.php?can_id=2372 Malcolm Smith] at Project Vote Smart

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{{Succession box | title = New York State Senate
10th District | before = Alton R. Waldon Jr. | years = 2000–2002 | after = Ada L. Smith}}

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14th District|years=2003–2014}}

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{{Succession box|title=Minority Leader in the New York State Senate|before=David Paterson|years=2007–2008|after=Dean Skelos}}

{{Succession box| title = Majority Leader of the New York State Senate | before = Dean Skelos | years = 2009 | after = 2009 New York State Senate leadership crisis (Both Smith and Skelos claimed to be Majority Leader)}}

{{Succession box| title = Lieutenant Governor of New York
Acting | before = Dean Skelos
Acting | years=2009|after=Pedro Espada Jr.
Acting}}

{{succession box | title = Temporary President of the New York State Senate | before = Pedro Espada Jr. | years = 2009–2010|after=Dean Skelos}}

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Category:1956 births

Category:2008 United States presidential electors

Category:Adelphi University alumni

Category:Fordham University alumni

Category:Lieutenant governors of New York (state)

Category:Living people

Category:Majority leaders of the New York State Senate

Category:Democratic Party New York (state) state senators

Category:Politicians from Queens, New York

Category:People of the African Methodist Episcopal church

Category:New York (state) politicians convicted of corruption

Category:New York (state) politicians convicted of crimes

Category:African-American state legislators in New York (state)

Category:Independent Democratic Conference

Category:21st-century members of the New York State Legislature

Category:20th-century members of the New York State Legislature

Category:21st-century African-American politicians

Category:20th-century African-American politicians