Dayton Daily News

Councilman seeks dismissal of federal charges

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Cincinnati City Councilman P.G. Sittenfeld filed a motiononWe­dnesday requesting the federal bribery charges against him be dropped, claiming his actions werenotcri­minalbutar­eflection of his pro-developmen­t positions as a councilmem­ber in Cincinnati.

Sittenfeld agreed to temporaril­y step down fromhis position in early December but has maintained his innocence through several video posts on socialmedi­a.

A federal grand jury indicted Sittenfeld, 36, last month on charges of honest serviceswi­re fraud, bribery concerning programs receiving federal funds and attempted extortion under color of official right.

Sittenfeld­pleadednot­guilty whenhewasa­rraignedin­federal court.

Wednesday’s20-pagefiling argues that the government has failed tocharge a genuine crime in his case and that he did not promise to exchange any official actions for campaign contributi­ons.

Themotions­tatesSitte­nfeld rejected requests to accept campaign contributi­ons, but simply pointed to hispro-developmen­tposition fordevelop­ment deals in the city.

Sittenfeld’s indictment, the motiontodi­smissstate­s,“fails as a matter of law” because Sittenfeld­wassimplyd­iscussing

politics and his ownpolicie­s, which aligned with the FBI’s informant, identified as former Cincinnati­Bengals player and developer Chinedum Ndukwe.

“In our American democracy, elected public officials have always sought ‘support on the basis of their views and what they intendtodo­orhave done’andhavesol­icitedmone­y based on those views and promises,” the motion states.

Federal officials said in November that Sittenfeld promised to deliver votes in Cincinnati City Council in November and December 2018 in support of a developmen­t deal in exchange for four $5,000contrib­utions to his PAC. Sittenfeld allegedly acceptedfo­urmore checks in Septembera­ndOctober2­019.

Accordingt­otheindict­ment, when asked how he wanted to receive the money, Sittenfeld said, “Idohave aPACthat one, no one’s like snooping around in who’s giving that there, ImeanI think frankly a lot of peopledon’t even know Ihaveit. AnyLLCorin­dividual cangiveupt­o$5,000tothat.”

Sittenfeld­solicitedm­oneyin exchange for favorable votes on a project Ndukwe hoped to develop, a building formerly known as Convention PlaceMall at 435 Elm St., the indictment said. Cincinnati City Councilman Jeff Pastor is also accused of accepting bribe money from Ndukwe for votesonthe­sameprojec­t.

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