State Sen. Ruben Diaz Sr. couldn’t help but notice that all of the officials embroiled in a recent spate of corruption arrests — Malcolm Smith, Eric Stevenson and yesterday, John Sampson — are non-white.

Coincidence? Perhaps not.

Diaz, a known agitator, suggested in this morning’s edition of his semi-regular epistles — titled “What You Should Know” — that there is much deeper corruption, despite a focus on legislators of color.

“I would hate to think that as Black and Hispanic leaders who are elected to represent our
communities, that we would be targeted to weed out corruption only in our backyards, and that we would be held to a higher standard than the non-Black and Hispanic leaders,” Diaz writes. “I do wonder if there are any elected officials who are not Black or Hispanic who are wearing wires to record conversations that are not in the public’s interest. I would hate to think that through these accusations, arrests and indictments, that there is an effort underway to disenfranchise New York’s Black and Hispanic voters.”

Diaz is not the only person who thinks this. Sen. James Sanders, D-Queens, is sponsoring a forum on Friday titled, “Attack on Black Leaders: Corruption or Conspiracy?”

Diaz’s missive is below. I can’t help but note, though, that the top federal prosecutors bringing these cases — Preet Bharara and Loretta Lynch — are not white, nor is Bronx District Attorney Robert Johnson, who first set up Assemblyman Nelson Castro with a wire.

“What happened before will happen again. What has been done before will be
done again. There is nothing new under the sun.” (Ecclesiastes 1:9) You
should know that those are the words of King Solomon, who according to the
Bible, was far wiser than anyone who ruled Jerusalem before him.

There has been a lot of news about elected officials being accused,
indicted, and jailed because of their devious hearts and corrupt acts.
Everywhere you go, you find new stories in newspapers, you see them on
television, and hear people talking about the “culture of corruption” and
acting surprised because so many elected officials are mentioned as corrupt
or under investigation.

People are actually giving the impression that these things never happened
before, and that we are in desperate need of stronger legislation to deal
with corrupt politicians. Suddenly, words such as “transparency,”
“reform,” and “cleanliness” are the most important topics of conversation
because according to some, with so many cases of corruption exposed, the
world as we know it, is about to end.

I have even heard some people saying: “I have never seen something like
this in my life!” My questions to those people are: “Where have you been?
On what planet have you been living, and, what kind of history books have
you been reading?”

You should know that incidents of fraud, conniving behaviors, and corrupt
minds – as well as sleazy and sneaky politicians – have been there since
the beginning of time. Here in America, if you go back in history you will
see how families and dynasties made their money and became rich through
politics. Our nation’s history is full of stories about how politicians
have sold their power openly, publicly, corruptly, and often, without
impunity.

We have all heard about the Kennedy Clan, and we have all read about how
they made their money openly through whiskey trade and rum running during
the Roaring Twenties prohibition period. We all know about the wheeling
and dealing they did with unions. We all know how they gained power, and
we also know how their power has been sold in this nation.

We also know that one of the greatest examples of political ruthlessness
and greed in U.S. history was Boss Tweed, America’s symbol of inner-city
corruption. William “Boss” Tweed was a New York City politician – and a
Member of the New York State Senate – who headed what was known as Tammany
Hall. We know that the political fat-cat stole millions of dollars from
the city and extorted money to control politics in New York.

We have to remember the corruption cycle during Mayor Ed Koch’s
Administration , Queens Borough President Donald Manes, Bronx Borough
President Stanley Simon, Bronx Democratic County Leader Stanley Friedman,
Congressman Mario Biaggi, among others.

While there have been many efforts throughout history to control political
corruption in the United States, we might not like to admit that it still
exists on the local level almost everywhere. Out of the last seven
governors in Illinois, four have ended up going to prison.

The only thing we do know that is new in these times in New York State, is
the Black and Hispanic politicians are the ones being wired and sent out to
root out corruption among Black and Hispanic officials. I would hate to
think that as Black and Hispanic leaders who are elected to represent our
communities, that we would be targeted to weed out corruption only in our
backyards, and that we would be held to a higher standard than the
non-Black and Hispanic leaders.

I do wonder if there are any elected officials who are not Black or
Hispanic who are wearing wires to record conversations that are not in the
public’s interest. I would hate to think that through these accusations,
arrests and indictments, that there is an effort underway to disenfranchise
New York’s Black and Hispanic voters.

Ladies and gentlemen, you should know and I can assure you that corruption
will never end. The only thing that will make a change in the right
direction is if we have fear of God in our hearts. As long as we continue
to separate ourselves from God, things will get worse.

This is Senator Reverend Rubén Díaz, and this is what you should know.

Responding to a petition filed by journalists, a federal judge will unseal a document containing the names of nine people who were recorded by ex-Sen. Shirley Huntley, D-Queens.

Huntley pleaded guilty to siphoning money from a non-profit organization toward which steered state funds, and is scheduled to be sentenced Thursday in federal court in Brooklyn. Prosecutors revealed in a filing last week that she was wearing a wire for several months, and in a separate Tuesday filing said their sentencing memo — which will detail the extent of her cooperation — contains the names of eight people under investigations. Six of those people are elected officials.

District Judge Jack Weinstein ordered that the memo be unsealed at 2 p.m. Wednesday. He agreed with members of the courtroom press corps that the public’s right to know outweighed the danger of compromising any ongoing investigations.

“Those recorded through defendant’s assistance can infer who they are by information that is publicly available and by their own knowledge of contacts with Huntley. It is well known that widespread investigations of New York State legislators and related officials are being conducted by the government. Information about wires worn by the pleading guilty has been widely reported by the press and disclosed by the government in court filings,” Weinstein wrote. “Every legislator who has conversed with this defendant will necessarily assume that he or she was recorded under the supervision of the FBI. There will be no surprises to the potentially accused by the revelations of their names. Interference with ongoing investigations will be of almost no significance.”

“The argument that some may avoid lending their talents to public life in order to avoid its slurs has slight weight. Since this country’s beginning, when Jefferson, Hamilton, Burr, and others began developing the art of American politics, anyone who entered the arena of government has understood that his or her good name may be unfairly sullied. Yet, the honor and excitement of serving the public has not inhibited our best people from entering the fray of politics,” he continued. “To paraphrase President Harry Truman, “those who cannot stand the heat should stay out of the kitchen.” Decent public servants can stand the heat.”

Here’s the full ruling:

130507 NYED Order Huntley Names by Jimmy Vielkind

Gov. Andrew Cuomo suggested he might convene a special prosecutorial panel to investigate problems in the state Legislature if lawmakers don’t act on something — something — to respond to a recent series of public corruption arrests.

Cuomo has talked about a system of public campaign finance and introduced bills creating a Cuomo-appointed Election Czar at the Board of Elections. He’s also proposed changes to the electoral process that will open up primaries and strip party bosses of the ability to grant ballot access in their primaries.

But legislators are still in the talking-past-each-other-in-public phase of negotiations. Cuomo’s clearly trying to ratchet up the pressure. Here’s what he said:

“I think it would be a lost opportunity, and more, I think we owe it to the people of this state to say, ‘To the extent you have a question about the integrity of state government, we have the answer.’ And the answer is passing the reform package. I am not willing to allow the public trust to be shaken in state government.” “If they don’t trust their elected officials, the government has a diminished capacity, and I don’t want the capacity diminished. I want to be able to say to the people of this state, there is nothing to worry about. I know what you read about, [but] we have all the checks and balances in place. I would hope the Legislature passes a reform package. In any event, I’m not willing to let the session conclude without a response to what has come up, and I want people to be reassured. I want people to pass a reform package — if they don’t, there are other options I that I can consider, one of them is a Moreland Commission.”

At the same time, the governor began laying the groundwork to walk away from a system of public campaign finance, which he has said he supports. The most important things that can be done are “enforcement at the Board of Elections and disclosure,” but the governor said those wascally Senate Weepublicans just won’t budge on public financing.

“Right now we haven’t been making significant progress. Public financing, they don’t agree,” Cuomo said. “They don’t think that’s the answer.”

The seal has been lifted on the sentencing memo for ex-Sen. Shirley Huntley, who wore a wire for the FBI for several months last year.

The memo says:

Mrs. Huntley met with attorneys for the government and FBI agents regularly over a six-month period. During her interviews with the government, she advised them that she had knowledge of what she believed to be corruption involving public officials. She was asked by the government’s attorneys and FBI agents to invite certain individuals into her home and record conversations on behest of the Federal Bureau of Investigation. She willing did as they had requested. During the summer of 2012, Ms. Huntley upon the prompting of the U.S. Attorney’s Office and the FBI recorded and photographed the following individuals on multiple occasions:

State Senator John Sampson
Melvin Lowe, (former political consultant and associate of New York State
Attorney General Eric Schneiderman)
State Senator Eric Adams
State Senator Ruth Hassel-Thompson
State Senator Jose Peralta
State Senator Malcolm Smith
City Councilman Rubin Wills
State Senator Velmanette Montgomery
Curtis Taylor, (former press advisor for Malcolm Smith)

All the elected officials, like Huntley, are Democrats.

Several subsequent sentences were redacted at the request of prosecutors, who in a separate filing earlier Wednesday said, “the information contained therein relates to specific details of ongoing investigations of three elected officials.”

In filings on Tuesday, prosecutors said at least one of these nine people was not a target of any investigation, but eight are. It’s unclear from this memo who that may be; Robert Nardoza, a spokesman for U.S. Attorney Loretta Lynch, who is handling the case, declined to comment.

Mike Murphy, a spokesman for Senate Democrats, issued this statement: “This is an extremely trying time in Albany. If any charges are brought the conference will take appropriate action.”

Here’s the memo. The good stuff is on page eight.

130508 Huntley Sentencing Memo by Jimmy Vielkind

So far three of the nine people secretly recorded by ex-Sen. Shirley Huntley have denied wrongdoing. Many more aren’t commenting.

“The FBI has not reached out to me. I haven’t reached out to them, but one thing I know: Malcolm Smith had no conversation with Shirley Huntley that ran afoul of the law,” said Gerald Shargel, a lawyer representing Smith. (He was indicted last month in an unrelated case, but has insisted he did nothing wrong.)

City Councilman Ruben Wills, Huntley’s chief of staff, who is reportedly under scrutiny for undocumented expenditures from a non-profit he ran, New York 4 Life, issued this statement:

“My attorney has been in contact with federal law enforcement authorities and he has been informed that I am NOT the target of any investigation arising from proceedings involving Shirley Huntley.  I have personally not been contacted by any law enforcement officials to date and I look forward to continuing the work of the people of southeast Queens that elected me.”

Capital Tonight is tweeting that Brooklyn Sen. Eric Adams says he hasn’t been contacted by the FBI, and is “more than willing to help with any investigation.”

UPDATE: An Adams aide sent along this statement:

“I have not been contacted about any investigation. I believe deeply in transparency and the pursuit of justice—and that is why I committed 20 years of my life to law enforcement. I am more than willing to help with any investigation.”

UPDATE x2: An aide to Queens Sen. Jose Peralta issued this statement.

“I am confident that the authorities will find, if they have not already done so, that I have engaged in no wrongdoing whatsoever.”

Attorney General Eric Schneiderman’s office has issued a forceful response to the suggestion, in a sentencing memo filed by an attorney to Sen. Shirley Huntley, that he was an “associate” of Melvin Lowe.

Lowe was one of nine people named in the memo, which details people who Huntley surreptitiously recorded in concert with the FBI. Schneiderman, a former Democratic senator, brought charges against his one-time colleague. She’ll be sentenced on federal charges Thursday.

“Throughout his career, Attorney General Schneiderman has demonstrated a commitment to rooting out political corruption. He was the first prosecutor to indict Shirley Huntley last summer. Shirley Huntley’s reference to him in her sentencing statement appears to be an attempt at retaliation against Attorney General Schneiderman, who has never hired Melvin Lowe or used his services,” said Schneiderman spokesman Damien LaVera. He said Schneiderman “will continue to use every tool at his disposal to ensure New Yorkers have the open and honest government they deserve.”

Elizabeth posted a very thorough account of Lowe’s past here. Many of the people I spoke with described him as a close associate of Sen. John Sampson, who helped arrange the Democratic Senate Campaign Committee to pay him over $300,000 for consulting services in 2010. This was the same period when Jeff Klein, now head of the Senate’s Independent Democratic Conference, was chairing DSCC, and Lowe’s work was described to me as a back-door way for Klein’s frenemies to have a say in its political operations. They divorced, politically speaking, in 2011 when Klein formed the IDC.

I’ve heard different things from various people about how closely involved Schneiderman was with Lowe. Sampson and Brooklyn Sen. Eric Adams were the principal drivers, several people have told me. Schneiderman was running for attorney general at the time; there is no record that he ever hired or paid Lowe or his affiliated companies.

Campaign finance records show that Lowe, through two companies, was paid for campaign work by Charlie King during his 2006 run for attorney general. One source, with a certain amount of glee, pointed out that Andrew Cuomo paid him $75,000 for work on his unsuccessful 2002 gubernatorial run.

I haven’t been able to reach Lowe for comment.

A reader passed along this pamphlet, which, I would argue, is probably the best thing our New York State tax dollars have produced since the Erie Canal.

It’s a legislative pamphlet sponsored by Democratic Assemblyman Eric Stevenson telling constituents (or, in the case of my source, someone who saw it in his office) how they should avoid arrest if approached by police. Stevenson, you might recall, was arrested last month and charged with taking bribes in exchange for sponsoring legislation. The Bronx backbencher was recorded on a wiretap saying “half of Albany” could be in prison if people knew how decisions were made.

The pamphlet is designed to prevent that from happening. Allow me to excerpt:

“DON’T SAY ANYTHING WITHOUT A LAWYER.”

“Sometimes you can be released without bail or have bail lowered. You must be taken before the judge within 24 hours after arrest.”

“If the police knock and ask to enter your home, you don’t have to admit them unless they have a warrant signed by a judge.”

Here’s the pamphlet:

Stevenson Pamphlet by Jimmy Vielkind

Gov. Andrew Cuomo admitted that the spate of recent lawmaker arrests will make for a more “complicated” end-of-session crunch, but he hopes it won’t eclipse some of the other items on his agenda.

“We got most of our work done in the budget and before the budget, but there are items that we have left for this session, and on top of that, because of the charges from the prosecutors, we’re using the moment to come up with a reform agenda,” Cuomo told Susan Arbetter on “The Capitol Pressroom.” ”Let’s deal with the reform agenda and deal with the quote-unquote scandals, but also do what we’re supposed to do. … What I’m trying mightily to do is not let scandal mania … to eclipse the session.”

Cuomo then reprised his list: a new panel to help stressed municipalities, tied to binding arbitration reform; an abortion measure tied with other “women’s equality” measures; privatizing the Long Island Power Authority and legalizing full-fledged, non-Indian run casinos.

With indictments on the mind, it is inarguable that a lot of the proverbial oxygen has been sucked out of the room. Rick reported this Sunday about how “scandal fatigue” has made it more difficult for advocates and sapped the energy of rank-and-file lawmakers. Also, as charges are leveled against several Democratic lawmakers, Cuomo will be put in the position of potentially relying on votes from indictees.

Cuomo offered a few new details about his agenda items. He said he was pushing for a casino referendum this year, even though from a political perspective it might stand a better chance at passage in 2014. (There are no state-level elections in 2013 Upstate. New York City is having a mayoral election, which should drive turnout there. Cuomo is pushing for casinos to operate exclusively in upstate areas for five years.)

“I don’t want to wait another year. I get that it’s a hard road .. but there’s a real opportunity for economic growth,” Cuomo said.

He also said his panel for upstate cities would consider “maybe consolidations, maybe mergers, maybe fewer elected officials — whatever it is.”

“I don’t want any more Band-Aids over bullet wounds,” Cuomo said. “I’m not going to write a check just on the hope that tomorrow is going to be better.”

Corruption is getting worse, two thirds of voters surveyed in a poll released this morning say.

The poll by the Siena Research Institute found eighty-eight percent of voters surveyed expected to see more legislators in handcuffs. (Count me among them.) The poll found 63 percent of voters surveyed believe Cuomo is trying his best, but can’t prevent bad apples from getting elected. The governor’s job approval rating is holding steady

“How do voters feel about their state government? By one measure, not bad. By another measure, really bad,” said poll spokesman Steve Greenberg. “When asked if they agree with a recent statement by Governor Cuomo that ‘New York State government is working again,’ 50 percent said ‘yes,’ while 36 percent disagreed and 13 percent neither agreed nor disagreed. A strong majority of Democrats and New York City voters agreed with the governor, however, a majority of Republicans and pluralities of independents and upstaters disagreed. Yet, two-thirds of voters – including strong majorities from every region and party – say that in light of the recent arrests of several legislators they believe ‘state government is becoming more dysfunctional every day,’ while only 26 percent say ‘state government is working effectively for New Yorkers.’ Yes, voters – particularly Democrats and downstaters – may be inclined to agree with the Governor that state government is working, but when asked to consider the legislative arrests, their thoughts quickly turn to dysfunction.”

Here are the cross tabs:

SNY0513 Crosstabs by Jimmy Vielkind

Assembly Minority Leader Brian Kolb, R-Canandaigua, has released a bill that he’s touting as a response to recent public corruption arrests that would limit legislative leaders to eight-year terms. (Kolb has been leader since 2009.)

“The Assembly Minority Conference has introduced comprehensive legislation that calls for unprecedented reforms to the laws, regulations and requirements that guide the conduct of state officials,” Kolb wrote in a letter to leaders.  “I am proud that every member of our Conference has signed onto this comprehensive bill package.  In doing so, the Assembly Minority Conference has made a steadfast commitment to bringing real change to Albany that will foster greater integrity, transparency and accountability, which our constituents expect and deserve.”

The bill would replace the Joint Commission on Public Ethics, whose independence has been questioned, with a new entity appointed by the judges of the Court of Appeals. It would also restrict the use of campaign contributions to campaign activities, and restrict convicted felons from lobbying.

Here’s the letter:

130515 Kolb Corruption Letter by Jimmy Vielkind

After a spring rocked by charges of official corruption, it appears lawmakers are set to leave Albany without passing any of the dozens of measures presented as anti-corruption proposals.

Some fingers are wagging.

Manhattan District Attorney Cyrus Vance Jr. wrote in this morning’s Daily News that, ”New Yorkers are crying out for significant reform to a substandard system. They shouldn’t accept Albany lawmakers responding by turning a deaf ear. The district attorneys of New York — all 62 of us, united as rarely before — urge Albany lawmakers to pass the governor’s Public Trust Act without further delay.”

The New York Times Editorial Board also chastised lawmakers for their inaction, and said they should stay at the Capitol until action is taken. Vance and the state’s 61 other district attorneys backed one of Gov. Andrew Cuomo’s first anti-corruption bills, which included changes to the bribery statute and created new crimes of defrauding the government. Cuomo is touting another bill that contains public financing of elections, which Senate Republicans have declared anathema. On Monday, Cuomo all but said a package containing both pieces is doomed, and that he’d rather convene a Moreland Act Commission to examine money in politics than accept a “half-baked” compromise measure.

Here’s a letter from the district attorneys urging its passage. It was sent to legislative leaders last week.

130611 DAs Corruption by Jimmy Vielkind

With no agreement on any bill to address public corruption, Gov. Andrew Cuomo said he’ll convene an investigatory commission under the Moreland Act to examine campaign fundraising practices, and any potential malfeasance pertaining thereto.

“Self-policing is not productive,” Cuomo, a Democrat, said. “The clock ran out.”

While the governor has proven maleable in other areas, the governor said he refused to negotiate on his proposals that would have created new crimes for defrauding the public, created a system of public matching funds for small donations to campaigns and place a Cuomo-appointed Election Czar to oversee enforcement at the Board of Elections.

Convening a commission is a unilateral move that Cuomo has long used as a metaphorical stick to prompt action on legislative reform issues. For example, he threatened to convene a commission in 2011 when negotiating an ethics bill with legislators, but settled on what even supporters admitted was an imperfect bill. 

Cuomo said the lack of any action “hurts the level of trust within the state” and makes his job harder.

“The Legislature was open to compromising on the package to a significant degree,” Cuomo said. “Why? Because the problematic concept is self-policing, right? Self-editing is inconsistent in and of itself. [NOTE FROM JIMMY: This post is self-edited, FWIW.] … so a state investigations commission that investigates, not the Legislature, but the campaign finance issues for the state, campaign finance compliance, funding of campaigns, political contributions.”

The Moreland Act gives the governor authority to convene a commission with subpoena power over an executive agency; constitutionally, the governor cannot look for corruption in the Legislature. But the Board of Elections, Cuomo said excitedly, “opens the portal into everything.”

Everything!

The coalition of groups that have been pushing for public campaign finance at the heart of an anti-scandal response issued a statement saying, “If it takes a Moreland Commission’s findings to focus a few Senators on this task, then we’re all for it.” Citizens Union Executive Director Dick Dadey said a commission was “welcomed” due to legislators’ “willful disregard for the public interest.”

Spokesmen for the Republican-IDC coalition that runs the state Senate declined to Comment. Mike Whyland, a spokesman for Assembly Speaker Sheldon Silver, said, “We are focused on closing out the legislative session, including passing the Women’s Equality Act.”

I wrote this morning about the possible powers and shortcomings of a Moreland Act Commission to examine the nexus of money and politics, and came across this report by John Feerick.

The former Fordham Law School dean was tapped by ex-Gov. Mario Cuomo to lead the Commission on Government Integrity, convened in 1987 to look at a host of issues. It issued seven reports, and its recommendations paved the way for a modern system of campaign finance disclosure.

(And yes, as a side note, it’s amazing to see how Andrew Cuomo is operating the same play his father did 25 years ago.)

Here’s Feerick’s reflection:

Feerick Moreland Reflection by Jimmy Vielkind

Senate Republican Leader Dean Skelos warned that if the Cuomo-promised Moreland Act commission focuses solely on the Legislature, committees in his chamber might conduct their own investigations of campaign finance.

“A legislative body can also do things we feel are appropriate,” Skelos, R-Long Island, said on “The Capitol Pressroom.” “If this is just aimed at the Legislature, I think that would be inappropriate. Certainly, the governor runs for office. He’s raised close to $30 million in his campaign committee. … Everybody should be cautious here when they move forward.”

“Something that would be a witch hunt is totally inappropriate. … We’ll see how it plays out,” Skelos continued. “I’m not saying that we are going to do it, but certainly if he’s looking into the BOE and campaign filings and stuff like that, and again, I think that’s questionable, the Senate, we can do the same thing. We have an Elections Committee.”

Cuomo has not yet issued an Executive Order that would authorize the panel.

Gov. Andrew Cuomo says his still-not-convened investigative commission will have free rein to investigate campaign fundraising — including his own.

“The Moreland Commission will be an independent commission with general jurisdiction and responsibility for all campaign finance, Board of Elections activities,” Cuomo said after a Manhattan press conference. “It’s very important that we restore the public trust. It’s very important for people to know they have a government they can believe in.”

Earlier this morning, Senate Republican Leader Dean Skelos questioned whether such a commission would be independent or whether the governor had already written its recommendations. The Long Islander also questioned whether it would examine Cuomo’s own fundraising operation, which has amassed a war chest of over $22 million.

“It’s an independent commission that is free to investigate whatever they feel needs to be investigated on the merits,” Cuomo said.

Insisting it will restore public trust in state government after a session pocked with lawmakers in handcuffs, Gov. Andrew Cuomo and Attorney General Eric Schneiderman announced an investigatory panel that will have “broad and sweeping” jurisdiction to investigate officials at all levels of government.

The 25-member panel will be co-chaired by Nassau County District Attorney Kathleen Rice, Onondaga County District Attorney William Fitzpatrick and Milton Williams of the Fund for Modern Courts and includes district attorneys from Albany, Bronx, Erie, Essex, Franklin and Warren counties.

All will be designated deputy attorneys general, Schneiderman said. In an executive order, Cuomo charged Schneiderman’s office with tackling corruption as a matter of “public safety and public justice,” the attorney general said. Both Cuomo and Schneiderman say this will give the new panel broad power to subpoena records and compel testimony from officials at various state agencies, as well as sitting legislators. Schneiderman, in turn, designated the panelists as deputy attorneys general.

“This is a powerful signal, and I want to send a signal to two audiences,” Cuomo said. “One are the elected officials in the state of New York — we’re going to raise the bar on public integrity, public trust. And second is the people of the state. I want to say, ‘Look, we have the best people in the business watching.’”

The panel will refer its findings to the relevant prosecutor, the men said, and is also charged with recommending changes to state law. It is slated to issue a preliminary report by year’s end.

The latter portion is sorely needed, Schneiderman said, because New York’s campaign laws are currently a “national embarrassment” and “a welcome wagon for pay-to-play schemes.”

Cuomo turned to the commission after the Legislature adjourned without enacting any legal changes in response to the indictment of three sitting lawmakers and the resignation of two others in various scandals.

“This is a chance to really highlight the need for systemic change,” said Citizen Action Executive Director Karen Scharff, whose left-leaning group has argued for a system of public campaign finance. “The interim report is due out by the end of the year, and it should be legislatively focused. It doesn’t help to just find one more wrongdoer.”

Legislators were not present for the announcement. On Monday, Senate Republican Leader Dean Skelos warned that the commission’s work could become a “witch hunt” against sitting legislators, and said he hoped it would also look at Cuomo.

Here, from the press release, are the commission members and staff:

Co-Chairs:

Kathleen Rice became the Nassau County District Attorney in 2006. Prior to becoming the first woman in Long Island’s history to be elected district attorney, Rice served as an Assistant United States Attorney in Philadelphia. Rice began her career as a prosecutor in the Brooklyn District Attorney’s Office, where she prosecuted cases of domestic violence, sexual assault and armed robbery, and later, murder cases. D.A. Rice is a graduate of the Catholic University of America and Touro Law School.

William J. Fitzpatrick has served as Onondaga County’s District Attorney for the past 28 years. Prior to serving as D.A., he was a defense attorney. In 2007 D.A. Fitzpatrick was appointed as the New York State representative to the National District Attorney’s Association, and he was elected Secretary in 2011. In 2010, New York State Chief Judge Jonathan Lippman appointed D.A. Fitzpatrick to the New York State Permanent Sentencing Commission. He is a graduate of Syracuse University and Syracuse University Law School.

Milton L. Williams, Jr. joined the firm of Vladeck, Waldman, Elias & Engelhard as a partner in January 2009. Prior to joining the firm, Mr. Williams was a Deputy General Counsel and the Chief Compliance Officer at Time Inc. Before working at Time, Mr. Williams was in private practice, and served as an Assistant United States Attorney in the Southern District of New York. His last assigned unit in the United States Attorney’s Office was the Securities and Commodities Fraud Task Force. Prior to becoming a federal prosecutor, Mr. Williams was an Assistant District Attorney in the New York County District Attorney’s Office. Milt has tried over fifty cases (both civil and criminal) to verdict. He is a graduate of Amherst College and the University of Michigan Law School in Ann Arbor.

Commission Members:

J. Patrick Barrett has been Chief Executive Officer of CARPAT Investments since 1987. He has previously served as President of Telergy, Inc. and Chief Executive Officer of Avis, Inc. Earlier in his business career, he served as an Executive Vice President and Chief Financial Officer of Norton Simon, Inc. Mr. Barrett assumed the Norton Simon post after a long career at Carrier Corporation, where he served in various positions, starting as Assistant Treasurer in 1964 and rising to President of Carrier International Corporation in 1977. In 1989, he was elected Chairman of the New York Republican State Committee, a post he held until 1991. He currently serves as the Chairman of the Board at the Olympic Regional Development Authority. Mr. Barrett is a graduate of Siena College.

Richard Briffault is the Joseph P. Chamberlain Professor of Legislation at Columbia Law School. His primary areas of teaching, research and writing are state and local government law and the law of the political process. Prior to joining the Columbia faculty in 1983, he was an Assistant Counsel to the Governor of the State of New York. He has served as the executive director of the Special Commission on Campaign Finance Reform of the Association of the Bar of the City of New York, as well as a consultant to the New York City Charter Revision Commission and the New York State Commission on Constitutional Revisions. Professor Briffault attended Columbia University and Harvard Law School.

Daniel J. Castleman is a senior managing director in the Forensic and Litigation Consulting practice at FTI Consulting and is based in New York. Prior to joining FTI Consulting, Mr. Castleman spent nearly 30 years at the New York County District Attorney’s Office. Mr. Castleman started his career there in 1979 as an appellate and street crime prosecutor. He then became a Senior Investigative Counsel in the Rackets Bureau handling political corruption and organized crime cases. After three years, Mr. Castleman became the Chief of the Rackets Bureau in 1990. In 1993, Mr. Castleman was promoted to Chief of the Investigation Division. Mr. Castleman then became Chief Assistant District Attorney in 2008. Mr. Castleman is a graduate of the University of Wisconsin-Madison and Columbia Law School.

Derek P. Champagne became District Attorney of Franklin County in 2002. Prior to serving as District Attorney, D.A. Champagne was a United States Customs Officer, served as the Village Attorney in Malone, New York, and was an Assistant District Attorney and later the Chief A.D.A. for Franklin County. He currently serves as the Chairman of the Board of the New York State District Attorney’s Association, as Vice-Chair of New York State Sentencing Commission, as a member of the New York State Justice Taskforce and also as a member of the Chief Judge’s Advisory Committee on Criminal Procedure and Criminal Law. He previously served as the President of the New York State District Attorney’s Association. D.A. Champagne is a graduate of St. Bonaventure University and Franklin Pierce Law School at the University of New Hampshire.

Eric Corngold leads the white-collar criminal defense and investigations practice of the law firm Friedman Kaplan Seiler & Adelman, LLP. As New York State’s Executive Deputy Attorney General for Economic Justice from 2007 to 2009, Mr. Corngold was the principal advisor to the New York Attorney General on litigation and policy concerning financial markets, antitrust matters, corporate and consumer fraud and housing. Prior to his time in the AG’s office, Mr. Corngold was an Assistant United States Attorney in the Eastern District of New York for more than a decade, ultimately serving as Chief of the Criminal Division. Mr. Corngold is currently an adjunct Professor of Law at St. John’s University School of Law, where he teaches a course on white collar crime. Mr. Corngold is a graduate of Swarthmore College and Yale Law School.

Kathleen B. Hogan has served as the Warren County District Attorney since 2002 and is the first woman to hold the position. Earlier in her career, D.A. Hogan worked as an Assistant District Attorney in Brooklyn, and in private practice at Fitzgerald, Morris, Baker, and Firth, P.C. D.A. Hogan has served on Chief Judge Jonathan Lippman’s Justice Task Force, the Sentencing Commission and the Children’s Justice Task Force. She served as president of the New York State District Attorneys Association from 2009 to 2010. D.A. Hogan attended St. Lawrence University and the Washington and Lee University School of Law.

Nancy Hoppock is the Executive Director of the NYU Center on the Administration of Criminal Law. Before joining NYU, Ms. Hoppock served as the Executive Deputy Attorney General for Criminal Justice at the New York Attorney General’s Office supervising the Public Integrity Bureau, the Criminal Prosecutions Bureau, the Organized Crime Task Force, the Medicaid Fraud Control Unit, the Taxpayer Protection Unit, and the Investigations Division. Prior to joining the Attorney General’s Office, Ms. Hoppock served as an Assistant United States Attorney at the U.S. Attorney’s Office in the District of New Jersey from 2001 to 2010. During her tenure at the U.S. Attorney’s Office, Ms. Hoppock was promoted to supervise the Government Fraud Unit, then became a Deputy Chief of the Criminal Division, and later the Chief of the Criminal Division. Ms. Hoppock started her career at the New York County District Attorney’s Office, where she spent seven years as an Assistant District Attorney in the trial division. She received her B.A. from the University of Delaware and her law degree from Seton Hall Law School.

Seymour W. James, Jr., is the Attorney-in-Charge of the criminal practice of The Legal Aid Society in New York City. Mr. James recently completed his term as President of the New York State Bar Association. Active in the State Bar since 1978, Mr. James served as treasurer from 2008 to 2011. He is also a fellow of the New York Bar Foundation and a member of the board of directors of the New York State Defenders Association. Mr. James is a past president of the Queens County Bar Association. In addition to his bar association activities, Mr. James is a member of Chief Judge Jonathan Lippman’s Justice Task Force, the New York State Permanent Sentencing Commission, the Departmental Disciplinary Committee for the First Judicial Department, the Committee on Character and Fitness for the Second Judicial Department and the Independent Judicial Election Qualification Commission for the Second Judicial Department. He also serves as the secretary of the Correctional Association. Mr. James is a graduate of Brown University and Boston University School of Law.

David Javdan is a Managing Director with Alvarez & Marsal. Prior to joining Alvarez & Marsal, Mr. Javdan was General Counsel of the U.S. Small Business Administration. Mr. Javdan has served as a member of the Acquisition Advisory Panel, which reviews and proposes changes to federal procurement laws. He was also a member of the board of directors of the New York State Banking Department, and previously he served as Special Counsel to the New York State Senate on Holocaust and Health Care issues. Before joining the U.S. Small Business Administration, Mr. Javdan was an attorney with the law firm Stroock & Stroock & Lavan. Mr. Javdan is a graduate of Columbia University and Fordham Law School.

Robert Johnson has been the District Attorney of Bronx County since 1989. He is the first African-American District Attorney in the history of New York State, and, in 2005, became the longest-serving District Attorney in Bronx history. He began his career as a criminal defense attorney for the Legal Aid Society, and later became a Bronx Assistant District Attorney. He has also served as a Judge of the New York City Criminal Court, and as an Acting Justice of the New York State Supreme Court. D.A. Johnson, a United States Navy Veteran, is past President of the New York State District Attorneys Association and a present member of the Board of Directors of that organization. He graduated from the City College of New York and New York University School of Law.

David R. Jones is President and Chief Executive Officer of the Community Service Society of New York (CSS), a nonpartisan, not-for-profit organization that promotes economic advancement and full civic participation for low-income New Yorkers. From 1983 to 1986, he served as Executive Director of the New York City Youth Bureau, and from 1979 to 1983, was Special Advisor to Mayor Koch with responsibilities in race relations, urban development, immigration reform, and education. He has served on several boards, including serving as Chairman of the Board of the Nation Institute, Chairman of the Board of Carver Federal Savings Bank and a former Chair of the Advisory Board of New York City’s Independent Budget Office. He served for 12 years on the board of trustees of Wesleyan University and is now a Trustee Emeritus. Prior to his nonprofit and public service careers, Mr. Jones was an attorney at Cravath, Swaine & Moore. He is a graduate of Wesleyan University and Yale Law School.

Lance Liebman is the William S. Beinecke Professor of Law at Columbia Law School and the current Director of the American Law Institute. After serving as a Law Clerk to Justice Byron White of the United States Supreme Court, he spent two years working on transportation and community issues as an assistant to then-New York City Mayor John V. Lindsay. He joined the faculty of Harvard Law School in 1970 and remained there for 21 years, becoming a full professor in 1976 and serving as Associate Dean from 1981 to 1984. In 1991 he moved to Columbia as the dean of the law school and as the Lucy G. Moses Professor of Law. Professor Liebman graduated from Yale University and Harvard Law School.

Joanne M. Mahoney was elected in November 2007 as the first woman County Executive for Onondaga County. After spending time in private law practice early in her career, County Executive Mahoney accepted a position with the Onondaga County District Attorney’s Office and spent five years there as a criminal prosecutor. In 1999, she was elected Councilor-at-Large in the City of Syracuse where she served a four year term. County Executive Mahoney lives in Dewitt. She graduated from Syracuse University’s School of Management and SU’s College of Law.

Gerald F. Mollen has served as the Broome County District Attorney since 1987, after having served as an Assistant District Attorney in Broome County since 1980. Prior to 1980, D.A. Mollen worked as an Assistant County Attorney and an Assistant Attorney General. As District Attorney, D.A. Mollen helped to establish a Multidisciplinary Child Abuse Review Team, the Broome County Gang Task Force and, in 2001, the Broome County Gang Prevention Program, and instituted protocols for start-to-finish recording of suspect interviews by police in major felony cases. D.A. Mollen attended Binghamton University and George Washington University Law School.

Makau W. Mutua is the Dean of SUNY Buffalo Law School, as well as a SUNY Distinguished Professor and the Floyd H. and Hilda L. Hurst Faculty Scholar at SUNY Buffalo Law School. He teaches international human rights, international business transactions and international law. Dean Mutua is a Vice President of the American Society of International Law and a member of the Council on Foreign Relations. From 2002 to 2003, Dean Mutua chaired the Task Force on the Establishment of a Truth, Justice, and Reconciliation Commission, which recommended a truth commission for Kenya. He is the author of several books, and he has conducted numerous human rights, diplomatic and rule of law missions to countries in Africa, Latin America and Europe. Prior to joining the faculty at SUNY Buffalo Law School, Dean Mutua worked at Human Rights First, the Harvard Law School Human Rights Program, and in private practice. Born in Kenya, Mutua attended the University of Nairobi, the University of Dar es Salaam, and Harvard Law School.

Benito Romano is currently a partner at Freshfields Bruckhaus Deringer. For twenty years, he was a partner and the leader of the white collar defense practice group at Willkie Farr & Gallagher. Mr. Romano previously served as United States Attorney for the Southern District of New York. Prior to being named U.S. Attorney in 1989, Mr. Romano was an Assistant U.S. Attorney, and served as Chief of Public Corruption and Chief Appellate Attorney. Mr. Romano has also served on the New York City Conflicts of Interest Board, including as Acting Chair, on the 1998 Charter Revision Commission, and as a member and former chair of the Puerto Rican Legal Defense and Education Fund. He is currently chair of the New York State Interest on Lawyer Account Fund. He attended New York University and Columbia University Law School.

Frank A. Sedita III became District Attorney of Erie County in November 2008. Prior to becoming D.A. he served as an Assistant District Attorney and as a Deputy District Attorney in Erie County. D.A. Sedita is a member of the adjunct faculty at SUNY Buffalo Law School and also teaches at the National College of District Attorneys, the New York Prosecutors Training Institute and the Erie County District Attorney’s Office Continuing Legal Education Program. He is a lecturer and instructor for prosecution agencies throughout the United States. D.A. Sedita graduated from Canisius College and SUNY Buffalo Law School.

P. David Soares has served as the Albany County District Attorney since 2005. Prior to serving as District Attorney, he was an Assistant District Attorney in Albany County, and Albany County’s first Community Prosecutor. During his tenure, D.A. Soares has created Public Integrity and Financial Crime Units within the office. D.A. Soares is a graduate of Cornell University and Albany Law School.

Kristy Sprague has served as the Essex County District Attorney since 2009. Prior to serving as the D.A., she was an Assistant District Attorney in Clinton County. D.A. Sprague is a graduate of SUNY Albany, Plattsburgh State, and Albany Law School.

Betty Weinberg Ellerin is currently a senior counsel at the law firm Alston & Bird, LLP. Prior to joining Alston, Justice Weinberg Ellerin served for more than twenty years as a judge. During that time, she served as Deputy Chief Administrative Judge for the New York City Courts and as Associate Justice and Presiding Justice of the Appellate Division, First Department. Justice Weinberg Ellerin attended Washington Square College and New York University School of Law.

Peter L. Zimroth is a partner at Arnold & Porter LLP, where he focuses on products liability, commercial, securities, and white collar crime matters. Prior to joining the firm, Mr. Zimroth was Corporation Counsel of the City of New York. He was the architect of the City’s law providing for the public financing of elections, a law which has become the model for local legislation around the country. Earlier in his career, Mr. Zimroth served as an Assistant U.S. Attorney for the Southern District of New York, Securities Fraud Unit, and as the Chief Assistant District Attorney in Manhattan. Mr. Zimroth was a tenured professor at the New York University School of Law and a law clerk to U.S. Supreme Court Justice Abe Fortas. He is a graduate of Columbia University and Yale Law School.

Thomas P. Zugibe was elected Rockland County District Attorney in 2007, and re-elected to a four year term in 2011. Earlier in his career, D.A. Zugibe worked as a Special Assistant Attorney General in the Office of the New York State Deputy Attorney General for Medicaid Fraud Control and as an Assistant District Attorney and Executive Assistant District Attorney in the Rockland County D.A.’s office. He also worked for two decades in private practice, concentrating on personal injury and commercial litigation. D.A. Zugibe attended Manhattan College and St. John’s University School of Law.

Special Advisors:

Joseph A. D’Amico is the Superintendent of the New York State Police. Prior to his confirmation as Superintendent, Superintendent D’Amico served as Chief Investigator for the Office of the New York State Attorney General, where he oversaw and coordinated the efforts of 300 criminal and civil investigators statewide. Prior to that, Superintendent D’Amico had a twenty-seven year career with the New York City Police Department, where he served in many patrol and investigative assignments in the Bronx, Manhattan and Queens, ultimately rising to the rank of Deputy Chief. He is a graduate of the State University of New York.

Raymond W. Kelly has served as Police Commissioner of the City of New York since 2002. Commissioner Kelly was formerly Senior Managing Director of Global Corporate Security at Bear, Stearns & Co. Inc. Before that, he served as Commissioner of the U.S. Customs Service. From 1996 to 1998, Commissioner Kelly was Under Secretary for Enforcement at the U.S. Treasury Department. In addition, Mr. Kelly served on the executive committee and was elected Vice President for the Americas of Interpol, the international police organization, from 1996 to 2000. In 1994, he was appointed to serve as Director of the International Police Monitors in Haiti. He is a forty-three year veteran of the NYPD. Commissioner Kelly graduated from Manhattan College, St. John’s University School of Law and the Kennedy School of Government at Harvard University.

Robert M. Morgenthau will serve as Special Counsel to the Commission. Mr. Morgenthau was the District Attorney for New York County from 1975 to 2009. In his nine terms in office, his staff conducted approximately 3.5 million criminal prosecutions, and reduced homicides in Manhattan by over 90%. In addition, Mr. Morgenthau was known as a national leader in the prosecution of white collar crime. Prior to serving as D.A., Mr. Morgenthau, a United States Navy veteran, was the United States Attorney for the Southern District of New York and worked in private practice. He attended Amherst College and Yale Law School.

Barbara Bartoletti has been the Legislative Director for the League of Women Voters of New York since 1988, and a member of the League of Women Voters since 1978.

Regina Calcaterra will serve as Executive Director; Danya Perry will serve as Chief of Investigations; Kelly Donovan will serve as Chief Counsel; and John Amodeo will serve as Legislative Director.

This one is for all the defense attorneys out there — it’s the Executive Order issued by Gov. Andrew Cuomo creating a special investigative panel to look at the state Board of Elections, lobbying oversight and “investigate weaknesses in existing laws, regulations and procedures relating to addressing public corruption, conflicts of interest, and ethics in state government, including but not limited to criminal laws protecting against abuses of the public trust.”

The Executive Order invokes three sections of the Executive Law: Section Six (the Moreland Act) which allows for a commission investigate the affairs of an agency, Section 63(8) which allows the governor to give the attorney general authority to investigate “matters concerning the public peace, public safety and public justice” as well as Section 63(3), which gives the attorney general the power to prosecute. This last power is only delegated “as appropriate” and upon the referral of State Police Superintendent Joseph D’Amico, a Cuomo appointee.

Cuomo and Attorney General Eric Schneiderman said this cocktail of authorizations, as outlined in a column by Richard Brodsky, gives the commission jurisdiction to examine the affairs of the State Legislature, subject only to limited exceptions for “core legislative activities.”

We’ll have to wait and see if anybody — again, I’m talking to the Abbe Lowells, Stu Joneses and Bill Dreiers of the world — challenges that.

Here’s the order:

130702 Cuomo Corruption EO by Jimmy Vielkind

The investigative panel announced today by Gov. Andrew Cuomo and Eric Schneiderman is intended as a statement against public corruption, but it will also be a rare and interesting study in how two of the state’s top officials work together.

The panel was able to get around some constitutional questions about the separation of powers when Schneiderman designated its commissioners as deputy attorneys general. In turn, the executive order that created the commission gives the attorney general’s office authority to investigate public corruption across a sweeping swath of government; Schneiderman currently has no standing authority to initiate criminal cases against sitting lawmakers.

But the two are not close political allies, and until today, Cuomo has conspicuously passed on chances to give Schneiderman any additional power. In a key instance, Cuomo said he had no power to give.

Schneiderman has wanted greater authority to investigate public corruption since his 2010 campaign, where some primary opponents said the governor could task the attorney general, using Sections 63(8) and 63(3) of the Executive Law, with a standing referral. Aides to both men discussed the matter in the days after their election, but Schneiderman was rebuffed.

Cuomo aides insisted that it was “illegal” to do so. Steve Cohen, who was Cuomo’s top lieutenant during his tenure as attorney general as well as the first year of his gubernatorial term, wrote that a standing referral for the attorney general was “wrong on the law and misguided in approach.” Cohen repeated the point to me a year later, saying a blanket referral would have “violated the law.” Cuomo’s now-chief-of-staff Josh Vlasto chimed in to say, “The Times Union refuses to acknowledge … that we have always taken the position, whether as attorney general or as governor, that legislative oversight requires a change of the law.”

But hasn’t legislative oversight happened here? Schneiderman said the new panel is “fully empowered” with a “broad mandate” to “investigate anything to do with public corruption and the enforcement of the laws related to public corruption.” This includes the Legislature, both Cuomo and Schneiderman said today.

That may be the case, Cuomo aides allow, but the fine print of the executive order does not give Schneiderman’s office carte blanche to bring cases. The powers afforded under Section 63(8) relate to civil, not criminal, investigatory power. The power to bring a criminal case comes under Section 63(3), and is only afforded to Schneiderman “as appropriate” when authorized by State Police Supernintendo Joseph D’Amico, a Cuomo appointee.

This, Cohen told me today, makes today’s actions perfectly consistent with earlier administration pronouncements.

“The complexity of New York law prohibits a blanket criminal referral when it comes to investigations of the Legislature,” he said. “But the structure of this Moreland Commission enables this body to have the broadest reach and scope that is permitted under New York law by joining DAs with the attorney general, by issuing an executive order that acknowledges, where appropriate, the attorney general will get referrals. It does what can be done under the law.”

Cuomo also never made good on a campaign promise to grant the attorney general original jurisdiction over violations of Election Law — the rules that govern fundraising practices and disclosure — which are now the exclusive purview of the Board of Elections. That body brings paltry few actions  (it has investigated and referred just six complaints for prosecution in the last decade) because it is evenly split by party. Earlier this year, Cuomo proposed legislation that would have allowed him to appoint his own election czar to beef up enforcement, and said he would delegate to Schneiderman as a “fallback.”

That still hasn’t happened.

What’s changed? Well, Cuomo has had to fall back after legislators left town without passing any laws to combat public corruption.

“The situation has evolved over time. First, I was proposing comprehensive legislation; I thought that legislation could make a significant difference. That was unsuccessful. … I think we have arrived at where we are today as a function of those circumstances,” Cuomo said. “It’s worse now, Jimmy. Read the newspapers. It’s been worse over the last few months, and I think we needed to take dramatic action.”

Assemblyman Eric Stevenson is hitting up lobbyists and other people on the political circuit for money to fund his legal defense, according to a fundraising invitation.

The Bronx Democrats was charged by federal prosecutors with taking bribes from an adult day care operators who asked him to introduce a bill. He’s pleaded not guilty.

Remember: Under New York’s glorious campaign finance laws, it’s perfectly legal for a sitting lawmaker to solicit unlimited cash contributions (that don’t need to be disclosed) from lobbyists who have business pending before him as he tries to fight charges that he undertook official actions in exchange for money.

Also remember that if Stevenson, with even a scintilla of subtlety, had directed the people he allegedly took cash payments from to instead contribute to his campaign committee, he would have committed an offense known as “campaign fundraising” rather than the alleged “bribery.”

But let’s focus on the positive. Stevenson’s Assembly colleague, William Boyland Jr., was re-indicted by federal officials for shaking down political donors for cash for his legal defense. By creating “Legal Funds for Eric Stevenson Inc.,” Stevenson is doing this on the up-and-up.

And there’s precedent for it!

Former Sen. Majority Leader Joseph L. Bruno, R-Brunswick, spent nearly $750,000 in campaign cash as he warded off charges that he deprived the public of its right to honest services, but also formed a separate legal defense fund after he resigned from office that he stocked at a private fundraising gala. Bruno’s 2009 conviction has been vacated, and he faces another trial.

So, ladies and gentlemen. Mark your calendars for August 15, when you can be treated to a “summer night jazz mixer” with “lite refreshments” at Maestro’s in the Bronx.

Bring your checkbook — and assume all your conversations are being recorded.

130730 Stevenson Fundraiser by Jimmy Vielkind

U.S. Attorney Preet Bharara’s testimony before the Tuesday evening hearing of the Moreland Commission at Pace University includes news that his office intends to target the pensions of state officials convicted of public corruption.

The text of his testimony was provided to reporters just before the session began. Those with Windows Media Players can watch the livecast here.

After his opening remarks, Bharara turns his attention to what he describes as an “error of state law, partially fixed a couple of years ago, (that) must succumb to common sense.”

He continues:

The common-sense principle is a simple one: Convicted politicians should not grow old comfortably cushioned by a pension paid for by the very people they betrayed in office.

So, my office has adopted a new set of policies. First, going forward, we will seek appropriate fines that take into account the money a corrupt official might derive from a publicly-funded pension so that the punishment fits the crime and so that we can take the profit out of that crime.

Second, for those defendants previously convicted and who have failed to satisfy the financial obligations imposed at sentencing, we will consider federal civil forfeiture actions against their pensions to satisfy criminal judgments.

And finally, in pending and future cases, to the extent any public official has a pension interest that accrued while engaging in criminal conduct, we will use federal forfeiture law to claw back an appropriate dollar amount commensurate with that pension where appropriate.

In that vein, we have today filed bills of particulars in two pending public corruption cases – United States v. Malcolm Smith, et al. and United States v. Eric Stevenson, et al. – giving notice of our intent to go after the pensions of elected officials convicted of corruption charges.

Sen. Malcolm Smith and Assemblyman Eric Stevenson, both Democrats, were among the flock of elected officials brought up on charges this spring: Smith for allegedly offering bribes in his attempt to secure the Republican mayoral slot, Stevenson for allegedly taking them from adult care facility developers in exchange for custom-tailored legislation.

Bharara then turns to offering a few words of advice to the commission, starting with praising their decision to seek information about sources of outside income from a so-far recalcitrant Legislature:

… When District Attorney Rice last month said that the Commission would “follow the money,” New Yorkers had reason to cheer. But it is hard, of course, to do that when the money trails are purposely hidden. When every state or local official is able to lawfully moonlight as a lawyer or accountant and may lawfully withhold deep details of that work, prosecutors face substantial challenges.

That’s why God made the subpoena.

Boom! The man is a phrasemaker, eh? Bharara goes on to recommend that while public hearings are well and good, investigations and prosecutions are what’s needed to reduce public corruption. He then compares the current lax enforcement by the understaffed and overtasked state Board of Elections to the “broken windows” theory of law enforcement: When the little violations are allowed to slide by, it sends a message that larger sins will also be tolerated.

And just to make the TU feel even worse, he ponders whether new media ventures on the state and federal level will improve the situation: “Maybe Politico’s purchase of Capital New York and its planned infusion of staff and resources will mean more Albany muckraking.”

Here’s the prepared text of Bharara’s testimony, plus a five-page list of city and state officials who have been brought to ground by federal prosecutors:

Bharara Moreland Commission Testimony 9 17 13