Former Southampton Town Councilman Sentenced to 2 Years in Federal Prison

Brad Bender, who resigned as a Southampton Town councilman amid a felony charge of conspiring to distribute oxycodone last November, was sentenced in First District Court in Central Islip Friday to two years in federal prison. 

Before United States Judge Arthur D. Spatt handed down the sentence, Mr. Bender, 55, told the court that he had been an addict since his teenage years and that he had been abused as a child. Choking back tears through much of his statement, he said, "I am deeply remorseful and apologetic. I lost my job, my marriage, my reputation. But at last, I am receiving the help that I need." He told the judge he is in a 12-step recovery program. "I'm seven months, nine days clean," he said. "I believe I will be more valuable to society by remaining on the outside. I am truly remorseful and apologetic for my behavior." 

However, Allen Bode, the prosecuting attorney, painted a very different picture for the judge. "Taking cash for drugs is greed, not addiction, and this needs to be punished," he said. "We need to send a message to the public that public officials don't get a slap on the wrist."

Federal prosecutors recommended 37 months in prison. Mr. Bender had been hoping for probation. 

Judge Spatt went over the case. He said that between July 28, 2012, and June 15, 2015, Mr. Bender obtained 3,190 30-milligram tablets of oxycodone through prescriptions written by a physician assistant, Michael Troyan, in Riverhead, a codefendant in the case. "An elected official, getting involved in something like this. That is outrageous," Judge Spatt said. 

Brian DeSesa, Mr. Bender's attorney, pointed out afterwards that the government demanded, and received, $5,000 from Mr. Bender in forfeiture money, the least amount the attorney general's office can seek. "There was no real financial profit. It fed his addiction," Mr. DeSesa said about the transactions

Judge Spatt said that the sentencing guidelines, which are not mandatory, call for 30 to 37 months in a federal penitentiary. He noted that Mr. Bender, a Northampton resident, had done much for the community, and acknowledged Mr. Bender's childhood and ongoing drug addiction. Still, he said as he pronounced the sentence, Mr. Bender "has to be punished." He also said he wanted Mr. Bender, who will be sent to a prison in the Northeast, to be entered into a treatment program in prison. After serving his time, he will have three years of supervised release.

"We are disappointed with the sentence, but understand where the judge is coming from," Mr. DeSesa said outside of court. Mr. Bender will turn himself over to federal prison authorities to begin his sentence Sept. 15. He declined to comment afterwards.

He has been free on $100,000 bond since he first appeared in court in November, under the terms of a deal to plead guilty and cooperated with authorities. The terms of the deal did not include sentencing, however.

A member of the Independence Party who was also endorsed by the Democratic and Working Families Parties, he was elected to a four-year term on the Southampton Town Board in 2013, and was midway through his term when he resigned. He lost an initial bid in 2011. A self-employed building contractor, Mr. Bender was also a community leader, serving for several years as the president of the Flanders-Riverside-Northampton Community Association.