How Come No one is talking about William Wagstaff’s Federal Conviction?

William Wagstaff

By Dan Murphy

During his campaign speeches, and in his address to district leaders at the Westchester Democratic convention in the spring, William Wagstaff, candidate for Westchester District Attorney, referenced his criminal past.

“Almost 20 years ago, when I started law school, I was on Federal house arrest,” said Wagstaff.

Many Westchester Democrats have wondered what crime Wagstaff was convicted that resulted in his house arrest. Other democrats are not aware that Wagstaff was convicted of a crime and is seeking to become the chief law enforcement official in Westchester.

“In my opinion, this disqualifies him from getting my vote,” said Tom Meier, Chair of the Yonkers Democratic Committee. “The question for voters is whether to put him in charge of the DA’s office in Westchester when he has no experience as a prosecutor and that he has a criminal record. 

A criminal search resulted in discovery of the case-USA vs. Wagstaff, Case # 7:04-mj-00115.  According to people familiar with this incident, Wagstaff used a credit card scanner to steal credit card numbers from customers at his own father’s gas station.

Westchester democrats we spoke to were concerned about Wagstaff’s criminal past, combined with his recent inability to pay his federal income taxes on time. “It is my understanding that the crimes he committed were at his father’s gas station. He frauded the people who were customers at his father’s business. This is not a victimless crime, and he has shown no remorse for it,” said Meier.

“In fact he is wearing the crime he committed as a badge of honor and a reason for voters to elect him DA, and hasn’t shown any remorse for what he did. While I believe in second chances, if you are running for chief law enforcement officer for Westchester County, District Attorney’s need to be held to the highest standards.

“When you combine this with the fact that he didn’t pay his taxes, it all adds to a lack of character. I want someone impeccable leading the office of DA, and someone who abides by the laws, and who sat as a judge and who worked in the DA’s office. That person is Susan Cacace.  Everyone has to be held accountable to the law, including our former President. It doesn’t motivate democrats in Yonkers to vote for him,” said Meier.

Eastchester Democratic Chair John Filiberti said, “As a democratic chair, I’m very concerned about the quality of candidates that carry our banner in November.  The republicans would have a field day running against him if he is our candidate in November, Susan Cacace has four times the experience than Wagstaff, and we need to remind people that he has virtually no criminal court experience. This should not be a competitive race in my opinion. She is by far the best qualified to become district attorney.”

A Sound Shore democratic leader said, “My concern is that you did this and then 20 years later you didn’t pay your taxes and you made up a nonsensical excuse. If you were making $375,000 per year from the City of Mount Vernon as a special prosecutor, and you had a lot of other income, but you couldn’t pay your taxes? It’s the age-old question-if you can’t handle your personal finances, why should we trust you to manage the Office of District Attorney?”

Wagstaff was hired as a Special Prosecutor by Mount Vernon Mayor Shawyn Patterson-Howard, who is one of Wagstaff’s biggest supporters. The Journal News was the first to report that Wagstaff did not pay his income taxes for six years until he began to run for District Attorney. A total of $189,112 was overdue including $112,712 for 2020.

The Wagstaff campaign claimed that the candidate was waiting for future lawsuit settlements to come in to pay his past due taxes, but that excuse made no sense to most democrats, since you pay taxes on money already earned, not future earnings.

Wagstaff was charged in Federal Court with Fraud because one or more of the banks that were frauded by Wagstaff’s illegal activities contacted the FBI. Or the crime, or fraudulent activity, must involve interstate or foreign commerce.

Why was Wagstaff placed under house arrest when he was charged with probation?  Local attorneys say that he may have been placed under house arrest before his final conviction, or that his house arrest was part of his probation sentence.

We confirmed with the Susan Cacace campaign that the candidate has not been convicted of a crime.

Westchester District Attorney Mimi Rocah, who is not running for reelection and has endorsed Cacace said, “Susan Cacace’s extensive experience as both a prosecutor and a judge makes her an outstanding choice for District Attorney. She has a deep commitment to justice, and I am confident she will continue to advance the crucial work we have undertaken over the past four years to modernize the District Attorney’s Office. Susan is the clear choice to lead the office and build on a record of public safety and fairness.

Others have wondered if Wagstaff would pass a background check to be a law enforcement officer.  “Mr. Wagstaff seeks to become the chief law enforcement officer in Westchester County. But the reality is that because of his past conduct it is highly unlikely that he could pass the background check to get hired as a probationary police officer. This, combined with the fact that he has no experience whatsoever as a prosecutor, should tell voters that he is unfit and unprepared to be our next District Attorney,” writes former Yonkers PBA President Keith Olson.