Southampton Town Councilman Faces Drug Charges
Southampton Town Councilman Brad Bender resigned Tuesday as he took a federal plea deal for illegally distributing prescription drugs in exchange for cash and steroids over a three-year period.
Mr. Bender, a 54-year-old Northampton resident, was arraigned before Magistrate Judge Anne Y. Shields in First District Court in Central Islip after he surrendered himself to federal agents at the courthouse under the terms of the deal. He pleaded guilty to a conspiracy to distribute oxycodone, and was released on a $100,000 bond.
"Mr. Bender is regretful of his actions. He let his addiction get the better of him. Today is the first step in his recovery. He is sad he has let his constituents down," said his lawyer, Brian J. DeSesa of Edward Burke Jr. and Associates in Sag Harbor.
Mr. Bender's activities are tied to an investigation into allegedly phony prescriptions being written by Michael Troyan, a physician assistant in Riverhead who was arrested earlier this month by the federal Drug Enforcement Administration. Mr. Bender confirmed Mr. Troyan was the person writing his prescription, but denied allegations that he had paid cash for the oxycodone prescriptions.
"He had a valid prescription through a licensed physician for a legitimate injury and pain management," Mr. DeSesa said. Mr. Bender admitted to giving portions of his prescription pills to a friend, who in turn sold them for cash, his lawyer said. Mr. Bender received some cash and, one time, steroids, according to Mr. DeSesa, who said he did not know what the steroids were for exactly. The third co-conspirator's name has been sealed.
Mr. Bender has an addiction to prescription pain medication, which his lawyer described "as a lifetime battle" that began with an injury. Mr. DeSesa said Mr. Bender has had surgeries for back and shoulder injuries over the past five years.
According to the case brought by the United States Attorney's office of the Eastern District Court, Mr. Bender resold the prescription pain killers between July 2012 and June 2015, during which time he was also running for office.
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. He lost an initial bid in 2011. The town will have to schedule a special election for his position between 60 and 90 days from the date of his resignation.
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.
While Mr. Bender cooperated with authorities and made an allocution in court Tuesday, there's no deal on sentencing, Mr. DeSesa said. He faces up to 20 years in prison and a $1 million fine, but probation is also an option, as there is no mandatory minimum under the statute. Mr. Bender has no previous criminal record. Sentencing is set for April 8 before District Court Judge Arthur D. Spatt.
Mr. Bender submitted a letter of resignation to the board on Tuesday at 9 a.m., Mr. DeSesa said.
The town board met in a special executive session on Tuesday afternoon. It had not released a statement by press time on Tuesday. Mr. DeSesa said he expected the board to accept Mr. Bender's resignation at its meeting on Tuesday night.