By Frank Parlato
The Man Who Wasn’t a Stranger
Staten Island District Attorney Michael McMahon filed a criminal complaint, alleging that he feared for his safety after receiving a mass-distributed Substack email sent by journalist Richard Luthmann.
The email, sent to over 33,000 subscribers, included an unsubscribe link.
Dated July 13, the message, authored by psychiatrist Dr. Bandy Lee, criticized a New Jersey judge and did not refer to McMahon.
McMahon cited the email as a violation of a protective order—though Luthmann contends he was never formally served.
In his criminal complaint, McMahon identifies Luthmann as a “stranger.”
But McMahon has known Luthmann since at least 2015. Luthmann exposed alleged irregularities in McMahon’s campaign filings and helped bring attention to a judicial scandal involving McMahon’s wife, which resulted in administrative discipline for Judge Judith McMahon.
If a New York judge approves the complaint, Luthmann could be extradited from Florida and held in custody for months before any legal challenge is heard. The complaint remains under investigation by the NYPD.
By calling Luthmann a “stranger,” McMahon may have attempted to portray the email as more dangerous. Law enforcement agencies tend to act swiftly when the threat appears to come from an unknown source, in cases involving public officials.
If Staten Island DA McMahon knowingly submitted false information in his sworn complaint—identifying Luthmann as a “stranger”—he could be exposed to criminal charges. Under New York law, knowingly providing materially false statements in official documents can constitute perjury (Penal Law §210.10) or filing a false instrument (Penal Law §210.15) and may be the legal foundation for a false arrest.
Avoiding Disclosure of Prior Animus
Describing Luthmann as a stranger also allowed McMahon to sidestep any requirement to disclose their adversarial relationship.
The Pattern Fits a RICO-Type Scheme.
If the actions taken by McMahon reflect a coordinated effort to use state power to silence or retaliate against a critic, McMahon’s conduct could raise questions under federal racketeering laws.
If a public official coordinates judges, prosecutors, police, and special appointees—through deception, it may be racketeering.
That checkbox—”stranger”—may not be merely dishonest—it may be a strategic obstruction.
2015 – Staten Island DA Race & Fraud Allegations
A Staten Island native born in 1957, McMahon served on the New York City Council from 2002 to 2008, representing Staten Island’s North Shore. He then won a seat in the U.S. House of Representatives, serving one term (2009–2011) as the congressman for New York’s 13th District.
McMahon lost his bid for re-election to Congress in 2010 and spent the next several years out of elected office.
The district attorney’s seat became open in early 2015 after Republican DA Daniel Donovan was elected to Congress in a special election (Donovan filled the seat of former Rep. Michael Grimm, who resigned amid a tax fraud case). With his high name recognition as a former congressman and councilman, McMahon emerged as the Democratic candidate. Republicans nominated Joan Illuzzi, a veteran prosecutor from Manhattan.
The Staten Island DA race quickly grew intense and “heated.”
Luthmann’s “Smilin’ Jack” Facebook Parody of McMahon
One of the more colorful players in the 2015 race was Richard Luthmann, a Staten Island attorney and local political provocateur. Luthmann actively supported Illuzzi.
In 2015, Luthmann created a satirical Facebook page that copied content from McMahon’s real campaign page to attract followers – and then rebranded it to lampoon the candidate.
On this fake page, Luthmann nicknamed McMahon “Smilin’ Jack.” He posted exaggerated graphics portraying McMahon alongside cartoonish imagery (at one point even alongside the Grinch in a meme) and labeled McMahon’s inner circle as the “Irish Mafia.”
The parody page was clearly identified as satire – it included disclaimers and linked to McMahon’s campaign website, so as not to impersonate him.
According to communications later revealed, Luthmann noted that “Smiling Jack ain’t too happy with me.” He called him “Tax Hike Mike” – all under the guise of political satire.
Fraud Allegations Over Petition Signatures
In July 2015, Luthmann publicly alleged that McMahon’s team had turned in bogus signatures, including people who were deceased, claiming many were invalid or fake.
“Mike McMahon’s campaign is submitting forged signatures and signatures of dead voters – in clear violation of the law,” Luthmann told the media.
The Staten Island Advance described the petition mess as outright “fraud” in its coverage. NY1 News reported that several signatures submitted on behalf of McMahon were clearly forged, including dead people.
McMahon denied any personal wrongdoing. McMahon defeated Illuzzi by about 55% to 45%.
2017 “Part N” Court Scandal and Judicial Fallout
In early 2017, Luthmann blew the whistle on a secret judicial scheme involving District Attorney McMahon and his wife, Judge Judith N. McMahon.
Luthmann uncovered evidence that the McMahons had created a “Special Narcotics Part” – informally known as Part N – in the Richmond County Supreme Court to steer drug-related search warrant applications and grand jury requests away from certain judges and into the hands of a prosecution-friendly judge.
In this illegal scheme, Judge Judith McMahon used her administrative authority to assign Acting Justice Charles Troia to this new “Part N” docket, tasking him with handling all cases and warrant applications labeled as narcotics-related.
According to a lawsuit by court clerk and whistleblower Michael Pulizotto, DA McMahon’s staff routinely designated a drug offense as the “top charge” even in cases that were not primarily narcotics cases, to qualify them for Part N.
By funneling sensitive applications – like wiretap orders, search warrants, and sealed grand jury submissions – to a friendly jurist, the DA’s team could obtain warrants that “might not have survived stricter judicial scrutiny.”
Secrecy and Improper Influence
Judge Judith McMahon – despite a directive to refrain from criminal matters due to her husband’s position – was involved in Part N’s day-to-day affairs. Pulizotto’s complaint and recordings showed that Judge McMahon exercised de facto control over criminal cases by hand-picking judges and attempting to interfere in jury deliberations.
Chronology of Key Events (2016–2017)
October 21, 2016: Justice Troia complained directly to Judge McMahon that “all search warrants [are] being assigned to him.”
January 18, 2017: In a meeting, Justice Rooney observes that Judge McMahon is far too involved in criminal Part N affairs and cautions that “someone is going to drop a dime.”
Early 2017: Court clerk Michael J. Pulizotto, then Chief Clerk of the Staten Island Supreme Court, “drops the dime.” With Luthmann acting as his attorney and advocate, Pulizotto reported the misconduct to the U.S. Attorney’s Office (SDNY) and New York State court officials. The allegations were reported in December 2017 in the New York Post.
Reacting to the exposure, the New York State Office of Court Administration (OCA) dismantled Part N and reassigned Judge McMahon. DA Michael McMahon never opened any investigation into his wife’s conduct.
Luthmann’s Related and Unrelated Criminal Cases
On December 15, 2017, Richard Luthmann was arrested by the FBI and indicted in EDNY on fraud and extortion charges. These charges were unrelated to either DA or Judge McMahon.
While Luthmann was in federal custody, McMahon pursued a separate state case over the Facebook satire. After one special prosecutor declined the case, McMahon appointed another—Eric Nelson—who brought charges.
In 2018, Luthmann was indicted in Richmond County for multiple charges related to the Facebook parody.
Ultimately, Luthmann entered a global plea deal. In 2019, he pled guilty to federal wire fraud and extortion conspiracy and received a 4-year sentence. In 2020, he resolved the state case with time served.
In April 2021, Luthmann was released. In 2023, he filed a 264-page motion to vacate the “Fake Facebook” conviction.
Regardless of what you may think of Luthmann’s innocence or guilt, it is hard to believe that McMahon could seriously suggest that Luthmann was a stranger—and that his Substack email could make him fear for his safety or life.
Frank Parlato is an investigative journalist, media strategist, publisher, and legal consultant.
