NEW YORK (WCBS 880) -- Three men who own food businesses in Brooklyn were indicted for bribery for allegedly offering winnings from a valuable Super Bowl box to a New York City Department of Health official in exchange for a warning about impending inspections, officials announced on Monday.
John DiSanto, 50, his brother, Jack DiSanto, 47, and Robert Cuba, 55, were arraigned on an indictment in which they are each charged with one count of second-and third-degree bribery, District Attorney Eric Gonzalez said.
“It is alleged that these defendants attempted to corrupt and circumvent Health Department protocols that are in place for a reason: to ensure sanitary conditions and protect the public. I commend the City employee who, when allegedly offered a bribe, reported it to DOI. We will now seek to hold the defendants accountable,” District Attorney Eric Gonzalez said.
Their businesses, Gourmet Grill, Inc., Frozen Planet Yogurt, LLC, and Mill Basin Bagel Café, Inc., were also arraigned on the same charges.
They were released without bail and ordered to return to court on January 19, 2022.
According to officials, in approximately January 2020, John DiSanto allegedly communicated with a Department of Health employee by text, seeking advance notice of inspections in exchange for a Super Bowl box. The employee reported the alleged bribe attempt to DOI, who used an undercover investigator to communicate with the defendant.
DiSanto communicated with the undercover, whom he allegedly believed to be a DOH employee who could give him advance notice of inspections to be performed at his restaurant, Gourmet Grill, located at 6334 Avenue N in the Mill Basin neighborhood.
DiSanto allegedly promised the undercover two lucrative boxes in an annual Super Bowl pool, explaining that he would cover the cost of the $1,000 boxes which could ultimately lead to a $50,000 payoff.
In exchange, the undercover agreed to give DiSanto advance notice of the annual DOH inspections at Gourmet Grill, as well as Frozen Yogurt Planet, located at 6340 Avenue N which is owned by DiSanto’s brother and co-defendant, Jack DiSanto and Mill Basin Bagel Café, located at 6319 Avenue N and owned by DiSanto’s cousin and co-defendant, Robert Cuba, officials added.
Authorities allege that the undercover met up with DiSanto to collect $16,000 cash in winnings from the Super Bowl boxes in February 2020.
The undercover and DiSanto allegedly met again, in February 2021, after the Super Bowl, and DiSanto allegedly gave the undercover $4,000 to continue the arrangement.