An aide to former Mayor Eric Adams accepted thousands of dollars in bribes and kickbacks in exchange for political favors, federal prosecutors alleged in a criminal indictment unsealed Tuesday.
The 25-page indictment accuses ousted aide Tony Herbert, 61, of taking $16,000 from a security company and a funeral home director whom he helped secure business with the city. Prosecutors also accused him of trying to exploit the COVID-era Paycheck Protection Program to get a $20,000 loan for a fake baked goods company he said that he ran.
Harry T. Chavis Jr., special agent in charge with the IRS' criminal investigation division, said in a statement that Herbert used his job in the mayor’s office “to create a side hustle of bribery and fraud.”
“He allegedly took advantage of his role to line his pockets by offering unfair advantages to certain businesses,” Chavis Jr. said.
Herbert faces federal charges of bribery, wire fraud, extortion and federal program fraud. The most serious crimes carry a maximum sentence of up to 20 years in prison.
Herbert did not immediately respond to a request for comment. His attorney, Richard J. Washington, told Gothamist that his client pleaded not guilty in court on Tuesday and was released from custody.
“I think it’s unfortunate that Mr. Herbert was arrested,” he said in a phone call. “He is a career public servant. The charges against him, they pretty much speak for themselves.”
Washington also said his client “is looking forward to letting this case play out in the courts.”
Herbert joins a growing list of former Adams administration officials — including the former mayor himself — who have faced corruption accusations and criminal charges. Ingrid Lewis-Martin, one of Adams’ closest confidants, was indicted on state charges in Manhattan for allegedly wielding her power in exchange for money and presents. Mohamed Bahi, a former liaison to the Muslim community, pleaded guilty to conspiracy after federal prosecutors accused him of violating campaign finance rules.
A federal grand jury indicted Adams on bribery and wire fraud charges in September 2024 — though a judge ultimately dismissed the charges after President Donald Trump’s administration pressured New York City prosecutors to stop pursuing them. Now, the same U.S. attorney’s office that dropped Adams’ case is prosecuting Herbert, who served in the Community Affairs Unit under the Adams administration.
Herbert was fired last September after sharing a post on social media that praised Charlie Kirk’s killing, then defending his actions in a video. The mayor’s office told Gothamist at the time that he had already been on leave.
Private security scheme
The U.S. attorney’s office for the Southern District of New York said in its indictment that Herbert offered to help steer city contracts toward an unnamed security company executive for private security in public housing complexes. Prosecutors said he helped the security executive to get a meeting with City Hall officials and ghost-wrote a letter on his behalf to fast-track him for the contract awarding process.
“I just have to becareful [sic] how I do it so it doesnt [sic] raise eyebrows,” he texted the executive, according to the indictment.
Around the same time, Herbert was advising then-Mayor Adams to hire private security at NYCHA complexes to curry favor with senior residents, the indictment alleges.
In return, prosecutors said, Herbert asked for a $15,000 loan from the executive, which they said he never paid back. The indictment alleges that the executive paid him at least $11,000 in several installments when Herbert was holding up his end of the bargain.
“I see the progress happening,” the executive said in a recorded phone call, according to the indictment. “And I do know you’re making the connections, and I see the connections … And next week I’ll be able to throw a little more, you know. As the progress goes, I’m progressing with you, you feel what I’m saying.”
Prosecutors said law enforcement “disrupted” the scheme on September 4, 2024 — the same day federal officials raided the homes of multiple Adams’ staffers.
Funeral home scheme
Between 2022 and 2023, Herbert pressured City Hall officials to approve reimbursements for a funeral home director in exchange for kickbacks, according to the indictment. Prosecutors said he encouraged the funeral director to seek reimbursements for the funerals of crime victims through a city burial assistance fund for low-income New Yorkers and referred a crime victim’s family to his funeral home.
When City Hall officials questioned whether the funeral home director was overcharging, Herbert denied it, according to prosecutors. The invoices were ultimately approved, and the funeral home director received more than $24,000 in reimbursements from the city, according to the indictment. Herbert later deposited a $5,000 check from the director, with the word “referrals” in the memo line, the indictment states.
Paycheck Protection Program scheme
In April 2021, according to the indictment, Herbert applied for a loan through the Paycheck Protection Program, which was created during the COVID-19 pandemic to help businesses pay their workers. Herbert said the loan was for payroll costs and listed himself as the owner and only employee of a baked goods company that he said had earned about $100,000 the prior year.
Prosecutors said he included a fraudulent invoice in his application, which said he had been paid more than $800 for a “Three layer cake — 80’s Themed - Orange, Blue, Black and White — Tie dye color.” But the email address listed on the invoice was created more than a year after the date on the invoice, according to the indictment.
This story has been updated with additional information.