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Boyland sentenced to 14 years

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Former Assemblyman William Boyland Jr. drew a 14 year sentence Thursday for his earlier conviction of 21 felony counts of corruption.

The former Brooklyn Democratic assemblyman had been acquitted in 2011 but he was re-arrested and convicted after federal agents had recordings of his habitual bribe-seeking.

Here are the details from the U.S. Attorney’s office:

Earlier today in federal court in Brooklyn, former New York State Assemblyman William F. Boyland, Jr. was sentenced to 14 years of incarceration in connection with his conviction at trial of 21 felony counts, including federal programs bribery, conspiracy to violate the Travel Act, extortion, honest services wire fraud, federal programs theft, and conspiracy to commit mail fraud. Boyland committed these offenses by corruptly exploiting his official position representing the 55th Assembly District in Brooklyn, comprising Ocean Hill, Brownsville, Bedford-Stuyvesant, Crown Heights, and Bushwick. As part of the sentence, the Court also ordered Boyland to forfeit $169,410.14 and pay restitution in the amount of $71,339.66 to the New York State Department of Taxation and Finance and $84,270.48 to the New York State Office of the Aging. Today’s proceeding was held before United States District Judge Sandra L. Townes.

The sentence was announced by Kelly T. Currie, Acting United States Attorney for the Eastern District of New York and Diego Rodriguez, Assistant Director-in-Charge, Federal Bureau of Investigation (FBI), New York Field Office.

“As he demonstrated time and again, Boyland, a lawmaker himself, lacked any respect for either the law or his constituents who elected him,” said Acting U.S. Attorney Currie. “Officials who would seek to sell the power and influence of their office to the highest bidder are on notice that they will be held to account for their crimes.” Mr. Currie praised the outstanding work of the FBI and expressed his grateful appreciation to the New York State Comptroller’s Office, the New York State Office of the Aging, the Internal Revenue Service-Criminal Investigations, the New York State Assembly Department of Finance, and the New York City Department of Investigation for their assistance.

“Boyland was elected to represent his district, not cash in on them. By repeatedly taking unscrupulous opportunity after opportunity–from bribes to fraudulent vouchers to misappropriation of state funds intended to help seniors–Boyland only showed he was only trying to help himself. Today’s sentencing should serve as a warning to those in public office who seek to profit from their positions rather than legislate from them–they are not above the law. The FBI remains committed to investigating and bringing to justice public officials who seek to misuse their power.”

The evidence admitted at trial established that, beginning in January 2007 and continuing through December 2011, Boyland engaged in four corrupt schemes.

Carnival Extortion Scheme. In August 2010, Boyland met with a carnival promoter and an undercover FBI agent on multiple occasions to discuss the promoter’s desire to hold carnivals in Boyland’s district, for which government approvals were required. Boyland requested payments in exchange for his assistance, and the promoter agreed. In furtherance of the scheme, Boyland described various ways in which the bribes could be concealed, directed his Assembly staff to assist the promoter obtain government approvals, arranged for a non-profit organization to sponsor the promoter’s carnivals, and directed his staff to give the promoter letters of support on Boyland’s Assembly letterhead. In exchange, the undercover FBI agent paid Boyland three separate bribes – $7,000 in cash, a $3,000 check with the payee line left blank, and $3,800 worth of money orders that were deposited into Boyland’s campaign bank account.

Real Estate Scheme. Boyland also accepted the $7,000 cash bribe described above in exchange for undertaking official action to benefit two FBI undercover agents in a purported real estate venture in Boyland’s district. In this scheme, the undercover agents would purchase the former St. Mary’s Hospital in Boyland’s district for $8 million, obtain state grant money to renovate the hospital, and resell it for $15 million to a non-profit organization that Boyland claimed to control. Boyland assured the agents he would use his influence as an Assemblyman to secure state grant money for the project and handle any zoning issues that arose. After accepting the $7,000 cash bribe, Boyland later demanded an additional $250,000 bribe payment from the agents as a condition of using his official position to carry out the scheme.

False Voucher Scheme. From January 2007 to December 2011, Boyland submitted over 200 fraudulent vouchers in which he falsely claimed to be in Albany on legislative business when he in fact was not in Albany, including days when he was in New York City meeting with the undercover FBI agents and demanding $250,000 in bribes, days when he was in North Carolina and Virginia visiting with family and friends, and for days when he was in Istanbul, Turkey. In reliance on the false vouchers, New York State paid Boyland over $70,000 in fraudulent mileage expense reimbursements and per diem payments.

Theft of State Funds for the Elderly. Between July 2007 and September 2010, Boyland conspired to defraud New York State and the New York State Office of the Aging. Boyland, a member of the Assembly’s Committee on the Aging, steered $200,000 of New York State member item funds to a Brooklyn-based non-profit organization whose purported mission was to provide a “social setting that enable[s] elderly individuals to maintain their independence and remain at home in the community.” Boyland certified that these state funds would not be used for partisan or political purpose, but then directed that the majority of the funds be used to benefit himself and his political campaigns by paying for community events that promoted Boyland.

The government’s case is being prosecuted by the Office’s Public Integrity Section. Assistant United States Attorneys Lan X. Nguyen and Marisa Megur Seifan are in charge of the prosecution. Assistant United States Attorney Tanya Hill is responsible for handling the forfeiture of assets.

The Defendant:

WILLIAM F. BOYLAND, JR.
Age: 45
Brooklyn, New York

E.D.N.Y. Docket No. 11-CR-850 (SLT)


ICYMI: Poll shows voters support a $15 minimum wage, tossing out all lawmakers

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There’s little doubt that Gov. Andrew Cuomo’s push for a $15 minimum wage will drive the legislative session next year.

And voters are just fine with that.

A Quinnipiac poll released Friday shows that 62 percent of voters are supportive of raising the wage to $15 statewide over several years.

Drilling down a bit shows that support is either tepid or actually isn’t support among some groups. Sixty-five percent of Republicans oppose raising the wage to $15, and upstaters are supportive by a slim 3 percent margin (50-47).

There also is fairly strong support for increasing the wage to something less than $15. Given the options of no increase, or increases to less than $15, $15 even or more than $15, 41 percent say less than $15 is the way to go, a larger percentage than any other option has.

It’s entirely viable that another minimum wage increase will get passed next year. State Business Council President and CEO Heather Briccetti predicted Friday that some sort of wage hike was likely to clear the Legislature.

At the same time, the governor said at the council’s annual meeting that he’d like to get another business tax cut passed. That sets up the possibility of him using a tax cut as a trade-off for the $15 proposal.

The poll also shows predictable views on legislative performance and corruption. Voters say they support the jobs their local Assembly and state Senate representatives are doing, but 59 percent of them say they disapprove of the way the Legislature as a whole does its job.

Thus, given the opportunity to vote out all state lawmakers and start fresh, voters say they’d support that nuclear option.

In a twist, voters say crusading U.S. Attorney Preet Bharara hasn’t done enough to clean up the state Capitol. Twenty-nine percent say he’s done enough, but 41 percent say he hasn’t gone far enough and 4 percent say he’s gone too far.

Check out the full release and crosstabs below:

Q poll 91815

Schneiderman, DiNapoli react to Wormuth sentencing

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Attorney General Eric T. Schneiderman and Comptroller Thomas P. DiNapoli noted the sentencing of former Town of Halfmoon Suprevisor Mindy Wormuth on state charges for stealing several campaign contributions donated to her campaign fund.

Wormuth learned Monday morning that she will serve 10 months on the state charges, which will run concurrently to her federal sentence for illegally taking bribes disguised as consulting fees.

Halfmoon Town Supervisor Mindy Wormuth. (Philip Kamrass, Times Union)

Halfmoon Town Supervisor Mindy Wormuth. (Philip Kamrass, Times Union)

From the joint release:

The public corruption case arose out of a cooperative federal-state partnership between the Attorney General, the State Comptroller, the Federal Bureau of Investigation, and the United States Attorney’s Office for the Northern District of New York.

“This sentencing makes it clear that if a public official misuses campaign funds, they will face consequences, including time in jail,” said Attorney General Schneiderman. “Through a collaborative effort with Comptroller DiNapoli, U.S. Attorney Hartunian, and the F.B.I., we were able to strike a blow against public corruption and ensure that justice is served.”

“New Yorkers have every right to expect their public officials to act with honesty and integrity,” said Comptroller Thomas P. DiNapoli. “We will continue to partner with Attorney General Schneiderman, United States Attorney Hartunian and the Federal Bureau of Investigations to hold accountable those who violate the public’s trust.”

“Ms. Wormuth was elected into office to represent her community,” said Special Agent in Charge Andrew W. Vale. “Instead she took advantage of the public’s trust for her own personal gain. The actions of Ms. Wormuth erode the public’s trust in our elected officials. The FBI is proud to have worked this investigation jointly with the United States Attorney’s Office, the Internal Revenue Service, the Attorney General’s Office and the Comptroller’s Office. We stand committed to continuing to work with our law enforcement partners to investigate corruption at all levels.“

Wormuth previously pleaded guilty to Grand Larceny in the Fourth Degree in Saratoga County Court. The Honorable Matthew J. Sypniewski sentenced Wormuth to ten months of incarceration in the county jail with said term to run concurrent with a term of incarceration in a federal penitentiary stemming from related charges in federal court. As part of the plea agreement, Wormuth must also pay $1,250 in restitution to the Friends of Mindy Wormuth campaign committee and terminate the committee in accordance with the New York State Election Law. Wormuth also agreed to contribute any remaining funds of that campaign committee to a charity that is recognized by the Internal Revenue Service, but is not one over which she or a member of her family holds controls or decision making powers.

The charges against Wormuth claimed that between July 2009 and July 2013, Wormuth cashed seven contribution checks, totaling $6,250, intended for Friends of Mindy Wormuth. She then pocketed the proceeds without reporting the contributions to the committee’s treasurer, or on the Financial Disclosure Reports that were filed with the State Board of Elections.

The felony complaint relied, in part, on statements that Wormuth made to the FBI, including an admission that she cashed and spent certain checks made payable to her campaign. In one FBI interview, Wormuth attributed some of her actions to her bitterness at not receiving her political party’s endorsement for reelection in November 2013.

From 2007-January, 2013, Wormuth served as the Supervisor of the Town of Halfmoon in Saratoga County. In that capacity, she headed the Halfmoon Town Board and served as the town’s representative on the Saratoga County Board of Supervisors.

Poll: Time to make Legislature full time — without a raise

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A majority of voters say it’s time to make the state Legislature truly full time.

But they aren’t so sure about giving lawmakers a pay raise in exchange for banning outside income, a new poll shows.

Sixty percent of voters are on board with forcing lawmakers to go full time, but 55 percent don’t want to see a raise of their salaries above the current $79,500 base pay.

Elected legislative gigs currently are considered part time, which means lawmakers can rake in salaries from side jobs. Among the outside jobs lawmakers currently hold are with law firms, in the insurance industry and, in one case, with a church as a piano player.

The poll shows that New York City voters are most interested in making the Legislature full-time (68 percent want an outside income ban) and in giving lawmakers a raise (it’s a close split, with 50 percent in support and 48 percent in opposition). Upstate voters back an outside income ban 57-36 and oppose a pay raise 62-34.

For all the interest in state government ethics, only 14 percent of voters said reforms should be Gov. Andrew Cuomo’s top focus for 2016. This as 89 percent of voters say corruption is a serious problem.

The top focus should be education, 22 percent say. Another 20 percent say jobs should be the governor’s top focus.

On the governor himself, while voters largely support his 2016 proposals, Cuomo’s support continues to remain flat. His favorable-unfavorable rating is 52-43.

“Even with a long agenda of proposals and an aggressive media strategy to support that agenda, voters’ view of Cuomo has not moved out of the range they’ve been hovering in for the last several months,” Siena College pollster Steven Greenberg said. “Since July, his favorability rating has been between 49 and 52 percent and his positive job performance rating has been between 39 and 42 percent. Voters, however, have noticed his swing to the left, with more voters calling him liberal, 39 percent, and fewer calling him moderate, 42 percent, than at any time since he took office.”

At least 80 percent of voters statewide back Cuomo’s proposals for stripping the pensions from lawmakers convicted of crime related to their public service regardless of when they were elected and for an employee-funded paid family leave program. Fifty-nine percent backed his proposal to limit outside income for lawmakers at 15 percent of their legislative salaries (less than $12,000).

The full crosstabs are below:

SNY0116_Crosstabs

Steve Pigeon indicted on nine counts, pleads not guilty (updated)

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Steve Pigeon at the state Capitol in 2009. (Mike Groll, AP file)

Steve Pigeon at the state Capitol in 2009. (Mike Groll, AP file)

Western New York attorney and political consultant Steve Pigeon — who has provided services to figures as diverse as Bill Clinton and Pedro Espada Jr., Gov. Andrew Cuomo and Tom Golisano — was indicted Thursday morning on nine felony charges: six counts of rewarding official misconduct, two counts of bribery and one count of grand larceny.

The indictment came a day after former state Supreme Court Justice John Michalek pleaded guilty to accepting bribes allegedly provided by Pigeon, including aid in employment for two of the judge’s close relatives, assistance in his quest to win a seat on the Appellate Division, plus tickets to Buffalo Sabres games and tickets to a Cuomo fundraiser. Michalek was also charged with filing a false instrument in relation to his appointment of an individual recommended by Pigeon to a receivership position.

At the time Michalek was accepting the gifts from Pigeon, the consultant had clients with legal matters before the jurist.

Pigeon, appearing in court with his attorney Paul Cambria, pleaded not guilty. In a Q&A with reporters after bail was set, Cambria said, “It’s just an accusation, and we’ll deal with it in court.”

He said Pigeon had turned down a plea deal. “It wasn’t even considered seriously,” Cambria said.

In a 1 p.m. news conference, state Attorney General Eric Schneiderman revealed that the extortion charge against Pigeon was related to the allegation that he had demanded a kickback of $5,000 from the individual who he recommended to Michalek for the receivership post. The payoff was camouflaged as “phony consulting fees,” Schneiderman said.

He said the investigation, which began more than a year ago, emerged from a referral from the office of state Board of Elections Enforcement Counsel Risa Sugarman.

Schneiderman, a Democrat, called the alleged relationship between the two men “a very un-American scheme” that struck at the heart of the judiciary’s independence. He said the state Office of Court Administration was reviewing cases that Michalek had presided over to assess whether they were corrupted.

“The facts alleged in these cases are exactly why so many New Yorkers have lost faith in government institutions and in their representatives,” Schneiderman said. “The deceit, the horsetrading, the I’ll-scratch-your-back-if-you-scratch-mine status quo has really got to end here and now. Enough is enough.”

He noted that the investigation was ongoing, but gave no particulars about what directions it might move next.

An FBI official who briefly spoke at the news conference said federal charges could also be brought in the future.

Courtesy WGRZ in Buffalo, here’s the complaint:

Pigeon Indictment by WGRZ-TV

Feds announce charges against Long Island’s Mangano, Venditto

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U.S. Attorney for the Eastern District Robert Capers on Thursday morning announced a federal corruption-related indictment against Nassau County Executive Ed Mangano and his wife, plus Oyster Bay Town Supervisor John Venditto.

The charges allege that the two prominent Long Island Republicans sold out their offices by providing public contracts and guaranteed loans in exchange for gifts such as meals, limo services and an ergonomic massage chair; Mangano’s wife also received what investigators characterized as a no-show job that Capers said involved duties such as “food taster.”

Mangano, who has enjoyed a close working relationship with Gov. Andrew Cuomo (the county executive crossed party lines to endorse the Democrat in 2014) has been dogged by allegations that he provided favors to businessman Harendra Singh, a Long Island restaurant mogul. He was not named in the press conference, though there was ample reference to a “co-conspirator.”

Mangano and his wife were escorted from their home by FBI agents Thursday morning. The county executive told reporters he planned to hold a news conference later in the day.

Capers — who declined to say if the unnamed co-conspirator was cooperating with investigators — said those charged faced at least 20 years apiece if convicted on all charges. The investigation has been ongoing since 2013, he said.

Venditto’s son, Michael Venditto, was elected to the state Senate in 2014.

Cuomo to appoint IGs for SUNY, CUNY and state procurement officer

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On the heels of a state Inspector General’s report that found misuse of funds at non-profits affiliated with the City University of New York, and amid a shakeup at the State University of New York’s nanotechnology school that was prompted by criminal corruption charges, Gov. Andrew Cuomo says he is creating offices of Inspector General for New York’s two public college and university systems.

The governor is also creating the position of Chief Procurement Officer for his executive office.

Cuomo is also proposing an expansion of the existing Joint Commission on Public Ethics rules to force local government officials to disclose sources of outside income and he wants JCOPE to investigate localities.

There’s a lot to unpack here and a couple of things come to mind. The sweeping set of proposals comes the day after lawmakers appeared to rebuff Cuomo’s call to return to the Capitol for a special session to institute outside spending limits in return for a pay raise. And the idea of a procurement officer could be seen as a protection against the kind of pay-for-play allegations that have been leveled against some former top Administration officials.

Here are the details:

All throughout the fall, the most common thing I heard people say was “I can’t wait for the election to be over.’’ Based on that, you would have thought that Election Day should have brought us calm and relief to the country.

Well, the election is over, and nobody seems relieved. The votes have been counted and the winners declared, but the damage from a bitter, ugly campaign remains. The voters entered this electoral season unhappy. Feelings of insecurity brought on by an unfair economy dominated. These feelings were compounded by growing doubts about the integrity of their government to actually represent them as opposed to big money interests.

The campaign did nothing to allay those fears. In fact, it got worse. Before the race was over, the campaign embroiled the nation’s justice system itself – the institution we count on to be the impartial guardian of our democracy.

That fear of real problems, combined with mistrust about the government, is the toxic combination that this nation now faces.

Sadly, New York is no exception. Our state has suffered a few long years of seemingly endless scandals at all levels: county governments, city governments, legislative leaders in the Senate and Assembly, in the judiciary, the NYPD, and even in the Executive.

Serious misconduct has been alleged and in some cases it has been proven.

These scandals have affected the state from Niagara Falls to Montauk Point. Democrats, Republicans, Conservatives, Liberals, Independents – no party or group is immune.

I believe this public trust and integrity issue must be addressed – directly and forthrightly. I don’t believe in denial as a life strategy. I believe you must face your problems, no matter how unpleasant, and do your best to resolve them.

It is time for action, not words.

We need to close loopholes and prevent fraud; apprehend wrongdoers, and punish those who break the law.

The sooner we act, the better. We can take some steps immediately.

Yesterday, the state Inspector General issued a report on mismanagement at the City University of New York. The report detailed allegations of wrongdoing and a lack of management controls.

To me, the larger message of the report was that management failed to understand that taxpayer money deserves the highest protection. Scandal seldom begins with evil, but with temptation, and temptation usually begins with a lack of watchfulness. Honesty is a virtue, but in organizations, it is a culture, and it starts at the top, with leadership.

When leadership forgets this, it’s time to change leadership. I am therefore directing the CUNY Board to review the entire senior management at CUNY, to evaluate how deeply this permissive culture extends, and how extensive a change is necessary. It’s a new day. They must also review all the findings in the IG report and propose immediate solutions.

I direct them to finish their review in 30 days and advise the state IG of their proposed overhaul. The IG office will offer their opinion of the reforms’ completeness and then a plan of action will be undertaken.

There are other steps we can take immediately. The contracting systems at CUNY and SUNY have become the focus of US Attorney and IG inquiries in the past several months. To insure more permanent supervision, I will create and appoint separate Inspector Generals for both SUNY and CUNY. They will be charged with identifying and investigating conflicts of interest, fraud, corruption and abuse. They will review contracts and hiring for both improper and illegal actions. They will look for personal benefit to any executive or legislative employee or improper actions with a third party. They will review all campuses and all affiliated entities. The IGs will have the authority to bring any report of improper conduct directly to law enforcement.

I will also appoint a Chief Procurement Officer for the Executive branch. That person will be charged with reviewing all state contracts, with an eye towards eliminating any wrongdoing, conflicts of interest or collusion. And just so there is no confusion, I do mean all contracts. Any contract or agreement that entails the disbursement of state funds will be subject to review. The Chief Procurement officer will have authority to review any disbursement from the State Division of the Budget. This will include all contracts, grants, executive or legislative disbursements. Any question of collusion, political benefit or personal connections will be thoroughly examined. The Chief Procurement Officer will have investigative and prosecutorial experience, and will be authorized to refer problematic issues directly to law enforcement for further action.

I will order my campaign and my party not to accept campaign contributions from companies once a Request for Proposals has been announced, and for six months following the conclusion for the winner. I believe the other state offices and the legislature should do the same and will propose such a law.

Those are the actions I can take under my own authority. But there is more to do. And to take those steps, I will propose them to the State Legislature. Here is what I will propose.

To end decades of chronic conflicts of interest – both perceived and real – legislators should no longer be allowed to serve two masters. We must enact strict limits on outside income to end chronic conflicts of interests that have plagued the New York State Legislature for many years. If you’re going to be a public servant, you shouldn’t be able to have other interests on the side. I support the Congressional model of a 15 percent outside income cap.

We have seen conflicts of interest in local governments. I propose the JCOPE State Ethics Board be given the wider authority to root out conflicts of interest by local government officials.

Also, all elected officials – state and local – should be required to disclose all sources of income earned by themselves and their spouses.

We still need to enact real campaign finance reform, and public financing for candidates.

We must end the ability of so-called not-for-profit advocacy organizations to elude regulation and to mock New York City’s public finance system, by allowing campaigns access to virtually unlimited money from special interests

These reforms will make a difference. But I also want to be candid on expectations. I cannot tell the people of our state that we can end all fraud or corruption. I was an Assistant District Attorney and I was Attorney General. I’ve handled hundreds of criminal cases. I have seen too much unseemly behavior to be naïve about the power of temptation. There are more than 10,000 governments in this state with more than 300,000 employees. People will commit venal and greedy acts. They will do selfish and, frankly, stupid things. We have seen it throughout history. Virtually every administration in every era has been touched by it. I have seen it myself, and I have been shocked and hurt by it.

But we must do all we can.

There’s an old saying that locks keep honest people honest. That’s very true. And right now, New York needs to replace the locks we have with better ones.

We have no higher priority.

When I was elected, I pledged to do my best to give you a government that works–that gets things done and in which you can trust.

We have made great progress on the first priority – government’s competence and capacity is much, much better. Today state spending is down, taxes are down, budgets are responsible, and we are building a new New York from Buffalo to Long Island. We have led the nation on marriage equality, responsible gun control, raising the minimum wage, and paid family leave. We have tackled many tough problems. I applaud the legislature for their progress and accomplishment.

But the agenda is unfinished. And honestly, no government that does not enjoy the trust of the governed can said to be a success.

We need to change. It won’t be fast, and it won’t be easy. But we can, and must, make this happen.

I understand that what I am proposing would be a massive change. I have no doubt that the political establishment will oppose it. The legislature will say they have passed more ethics reform under me than ever before and that is true. We have passed four ethics laws and we have a tighter system than ever. But it is still not enough. That is understandable. We do not have the public trust.

These are difficult days for all of us. The issues are not just New York issues – they are national issues. The past election cycle has disturbed many. But as I sit at my father’s desk I remember what he taught me. There is always a simple truth behind every seemingly complex situation. We just must be willing to see it. The truth is that trust comes before everything else and it must be our highest priority. The truth is that trust in government is the foundation of our system and we must restore it.

The truth is this is a national problem, but it’s New York State’s place to lead the way.

As hard as this task will be, I am confident that we will succeed. After all, we’ve done the impossible before. Together, we can do it again. When the stakes are this high, when the cause is this significant, we can do it again.

Feds: Sampson just can’t stop his ethical misdeeds

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Former state Sen. John Sampson in a 2011 hearing. (Lori Van Buren, Times Union)

Former state Sen. John Sampson in a 2011 hearing. (Lori Van Buren, Times Union)

Former state Senate Democratic conference leader John Sampson, who was convicted in July 2015 of a single count of obstructing justice and two counts of lying to federal investigators, “habitually acts as if rules and laws do not apply to him, or are at most inconvenient obstacles to be sidestepped,” according to a court filing from the office of the U.S. Attorney for the Eastern District Robert Capers. The office handles Sampson’s home borough of Brooklyn and points east.

In a letter to U.S. District Judge Dora Irizarry, prosecutors note that Sampson agreed on March 17 to a court order that barred him from “appearing as an attorney before any “court, judge, justice, board, commission or other public authority,” and to advise his clients that he would withdraw from all litigation matters.

From the filing:

However, the defendant violated the Order on March 22, 2016—only five days after filing his affidavit of compliance — by acting as an attorney in a child custody proceeding in Family Court. At the child custody proceeding, the defendant identified himself as his client’s attorney and engaged in discussions about the case with opposing counsel, counsel for the child, and the court referee. Even though the defendant misleadingly stated during these proceedings that he was “withdrawing” from the representation “based on what my client was informing me” about an agreement between the parties, he did not properly move to withdraw before the conclusion of the case. Nor did he inform the Family Court or counsel for the other parties, none of whom were aware of his suspension, that he had in fact been suspended from the practice of law.

The filing includes a court transcript of Sampson’s appearance in the matter.

Federal prosecutors say the incident underscores why Sampson should receive a sentence of 87 months.

“That he would engage in such conduct while awaiting sentencing (for his initial conviction) … not only reflects an ongoing unwillingness to adhere to applicable rules, it also shows that even after being called to account for that behavior by the jury’s verdict, and with this Court’s sentence in the balance, he has not mended his ways,” prosecutors argue.

The filing, dated Monday and first reported by the New York Post, offers a reminder that almost 17 months have elapsed since Sampson’s conviction.

By way of comparison, Sampson’s fellow legislative leaders Dean Skelos and Sheldon Silver have been tried, convicted and sentenced in the interim, though they remain free pending appeals; Sen. Tom Libous, who was convicted on the same day as Sampson, was sentenced more than a year ago, and died in May.

A spokeswoman for the Eastern District said earlier this week that every case moves at its own speed. After many delays, Sampson’s sentencing is currently scheduled for Jan. 20.

Efforts to reach Sampson’s attorney were not immediately successful Wednesday.

Here’s the full filing:

Feds filing, Sampson case by cseiler8597 on Scribd


Judge sets Oct. 30 as start date for pay-to-play trial

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A federal judge has told prosecutors and defense in the upstate development pay-to-play scandal to prepare for a trial date of Oct. 30, according to reports from the Wall Street Journal and others.

Lawyers for Joe Percoco, the former top aide to Gov. Andrew Cuomo, had earlier this week asked the judge to set a trial date in January, citing what was described as a “staggering” amount of discovery material to sift through.

Percoco and seven others face charges from the Manhattan U.S. Attorney’s office, while lobbyist Todd Howe has already pleaded guilty and is cooperating with the government. The indicted individuals also include former SUNY Polytechnic Institute President Alain Kaloyeros as well as executives at Syracuse’s COR Development and Buffalo’s LP Ciminelli.

A criminal complaint unveiled in September alleges that the defendants took part in an overlapping series of schemes to trade payments for official favors including bid-rigging. Percoco, Cuomo’s longtime confidant and 2014 campaign manager, left the Executive Chamber in December 2015 as the federal probe was proceeding.

All of the defendants have pleaded not guilty.

Several have asked for the case to be severed into two trials. Judge Valerie Caproni, who on Thursday held a conference with defense counsel and prosecutors from the office of the U.S. Attorney for the Southern District, said that if she decides to sever the cases, the second trial would begin Jan. 8.

Erica Orden of the Wall Street Journal was in the courtroom for the conference:

Sheldon Silver case paused as he appeals to Supreme Court

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A federal appeals court has granted former Assembly Speaker Sheldon Silver’s motion to stay his corruption case as he appeals to the U.S. Supreme Court to review the case.

The U.S. Second Circuit Court of Appeals granted the motion on Thursday, just weeks after the court overturned Silver’s 2015 conviction on corruption charges and remanded the case back to a lower court for retrial, which federal prosecutors immediately said they will pursue.  

Though the appeals court found that while jury instructions in the Silver case were flawed under a Supreme Court ruling in the public corruption case of former Virginia Gov. Bob McDonnell (decided after Silver was convicted) — necessitating that Silver’s conviction be tossed — it rejected the Manhattan Democrat’s challenge to the sufficiency of the evidence used in the case.

Silver isn’t the only former top-level state elected official appealing his corruption conviction. Former Senate Majority Leader Dean Skelos is awaiting word from an appeals court on whether his conviction should stand.

Full decision: Dean Skelos’ conviction overturned

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Former Senate Majority Leader Dean Skelos had his corruption conviction overturned on Tuesday by a federal appeals court, which sent the case back to a lower court for re-trial. The conviction of Skelos’ son Adam was simultaneously overturned. 

The appeals court vacated the conviction using the same rationale used in overturning the separate corruption conviction of Sheldon Silver: that jury instructions were flawed in light of a U.S. Supreme Court decision that narrowed the definition of an “official act” taken in return for something. That Supreme Court decision came down after both Skelos and Silver were convicted.

For additional updates, click here.

The full decision in the case is below:

USA v. Skelos Appellate Decision by Matthew Hamilton on Scribd

Dean Skelos Timeline: From the Senate to the courtroom

Dean Skelos decision React-O-Mat™

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The corruption convictions of former state Senate Republican Majority Leader Dean Skelos and his son Adam have been overturned by a federal appellate court. More on that here. Reaction from movers and shakers in state government is below:

Alexandra Shapiro, attorney for Dean Skelos:

Senator Skelos is grateful for the Court’s careful consideration of the issues and looks forward to the next steps. We believe that as events unfold it is going to become clear that this is a case that never should have been brought.

Joon Kim, acting U.S. attorney for the Southern District of New York:

The Second Circuit, while finding that the evidence was more than sufficient to convict Dean and Adam Skelos, held that a part of the jury instruction is no longer good law under the Supreme Court decision in McDonnell. While we are disappointed in the decision and will weigh our appellate options, we look forward to a prompt retrial where we will have another opportunity to present the overwhelming evidence of Dean Skelos and Adam Skelos’s guilt and again give the public the justice it deserves. Cleaning up corruption is never easy, and that is certainly true for corruption in New York State government. But we are as committed as ever to doing everything we can to keep our government honest. That is what we will do in this prosecution as well.

Former U.S. Attorney for the Southern District Preet Bharara:

Assembly Speaker Carl Heastie, per NY1’s Zack Fink:


State Sen. Todd Kaminsky, a former federal prosecutor and Democrat who took represents Skelos’ old Long Island district:

Today’s ruling shakes society’s faith in our justice system to the core. The lurid details underlying the case — where county contracts and legislation were traded for personal favors — were laid out for all to see, leaving the public now to wonder whether even the most brazen acts are beyond the grasp of the law. Today’s ruling is proof that we cannot rely solely on federal prosecutors to clean up our state’s corruption. We need stronger anti-corruption laws and greater powers to local district attorneys to enforce them now. The time for complacency and waiting for others to take on corruption must end.

Common Cause NY Executive Director Susan Lerner:

Let us be clear, just like with Silver the facts in the Skelos case are not in question. Mr. Skelos used his position in government to extort favors for his family in return for taxpayer funded resources. Despite the Supreme Court’s logic defying decision in McDonnell, a New York jury found this conduct to be clearly corrupt. Overturning Mr. Skelos’ conviction based on the Judge’s instructions to the jury, which occurred before the McDonnell ruling, does not redefine the facts in evidence. The U.S. Attorney’s Office under Preet Bharara’s leadership won its case, and we have every expectation that the people can win again at retrial. Dean Skelos is absolutely guilty of corrupting his office and violating the public trust of 19 million New Yorkers.

Reclaim New York Reclaim Executive Director Brandon Muir:

New York’s long state corruption nightmare is never over.

Dean Skelos was convicted of corruption beyond a shadow of a doubt. New Yorkers have had justice ripped from their fingers yet again by a legal technicality. The outrage here is off the charts.

This is another blow to the little faith New Yorkers have left in state government, and the justice system’s ability to protect them from corruption.

Hard working New Yorkers are getting screwed, paying into a system so corrupt politicians can enjoy six-figure pensions and walk free. New Yorkers tired of living under the most corrupt state government in the country need to step up and demand reform in Albany. And it might not hurt to send a dictionary to the Supreme Court.

Cuomo on Skelos: Fighting corruption is right, ‘but you have to do it legally’

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In the wake of a federal appeals court’s decision to vacate the corruption convictions of former state Senate Majority Leader Dean Skelos and his son Adam, Gov. Andrew Cuomo said Wednesday that fighting government corruption “is right,” “but you have to do it legally.”

(AP Photo/Mike Groll)

The convictions were vacated by the Second Circuit Court of Appeals on Tuesday based on a U.S. Supreme Court decision handed down last year that narrowed the definition of what an “official act” is in a quid pro quo arrangement. Though the Skeloses were found guilty in December 2015, the appellate court nevertheless found that jury instructions at trial were improper based on the 2016 SCOTUS ruling.

Here’s what Cuomo had to say in full at an unrelated press conference when asked whether prosecutorial attempts to clean up state government were ever necessary and whether the case is prosecutorial overreach:

Fighting government corruption is right, I did it as attorney general. I think it is an ongoing process. There’s no doubt that we could do more in Albany. There’s no doubt that we could do more in New York City. There’s no doubt that we could do more federally. But you have to do it legally.

What this says is the case was not legal. It was overturned because it was not legal. So, if you’re using the legal system to quote-unquote reform government, you have to do it legally.

But there’s no question that the effort to reform government and clean up Albany and change the rules, that’s exactly right.

Prosecutors have vowed to seek a retrial of the Skeloses.

Trials, Senate control loom as forces of influence in 2018

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Note: This story by Chris Bragg appeared in Wednesday’s special legislative kickoff section of the Times Union. 

More than usual, the 2018 legislative session will be influenced by outside events. There are dual upcoming trials featuring former close associates of Gov. Andrew Cuomo. The governor is expected to face a deficit upwards of $4 billion. And majority rule of the state Senate may shift near the midpoint of the legislative session. 

Joseph Percoco, a former close aide to Gov. Andrew Cuomo now facing corruption charges, leaves court in New York, Sept. 22, 2016. (Louis Lanzano/The New York Times) 

All this comes in a year that will build to Cuomo, state Comptroller Tom DiNapoli, Attorney General Eric Schneiderman and the entire Legislature facing elections in November.

The first corruption trial, likely to begin later this month, involves former top Cuomo aide Joe Percoco and three business executives, and will focus on alleged bribes paid to Percoco in exchange for government favors. The second will feature six defendants including SUNY Polytechnic founder Alain Kaloyeros, and will focus on charges of bid-rigging at upstate development projects in Syracuse and Buffalo.

When former Assembly Speaker Sheldon Silver and former Senate Majority Leader Dean Skelos were first convicted on corruption charges in separate trials in 2015, the Legislature took little action to reform state government. Because their convictions were overturned by a U.S. Supreme Court decision, the former legislative leaders will face re-trial this year.

The sheer volume of high-profile trials could place greater pressure on the governor to push for changes as he seeks re-election.

Blair Horner, executive director of the New York Public Interest Research Group, noted that there are five high-profile corruption trials scheduled for the first half of 2018, including former Republican state Sen. George Maziarz and former Nassau County Executive Ed Mangano.

Horner said reformers’ collective wish list includes changes to government contracting, including pay-to-play activities, and greater appropriations for enforcement agencies such as the state Board of Elections, the Joint Commission on Public Ethics and the Authorities Budget Office.

“I think it’s up to the governor and what he chooses to do,” said Horner, noting that Cuomo has been able to push through priorities in the past when he has put in political capital.

There is also a tenuous balance in the state Senate, where Republicans hold a bare majority with support from Brooklyn Democratic state Sen. Simcha Felder, who conferences with the Republicans.

A Cuomo-led deal to reunify the Independent Democratic Conference and the state Senate Democrats — which is not expected to materialize at least until after budget season ends in March — will rely on several factors. For one, Democrats must pick up two open seats in special elections, including a competitive one for the seat formerly held by Democrat George Latimer in Westchester County, who won a race to become the county’s executive.

The deal between the Senate Democrats and the IDC — in which each conference will not support primaries against the other’s members — only holds if Democrats take the majority sometime during the 2018 session. For that to occur, Felder would also have to rejoin the Senate Democrats.

Felder has said he’s open to that prospect, and would likely have more leverage within the Democratic conference if he is the person to become the 32nd vote that’s needed to flip the chamber to Democratic control. If he joins after the 2018 elections — and if Democrats pick up a number of seats in an anti-Donald Trump wave — his vote would be far less critical.

Republicans note that Felder has won legislative victories while conferencing with the GOP, including nonpublic education spending and the demise of the New York City plastic bag tax. Felder has said he will conference with whichever side is best for his district.

It’s also unclear whether Democrats could take charge in the middle of the legislative session, given a rule passed that a vote of 38 senators is required to change leadership. If Felder and the IDC do flip, it could lead to chaos in the final session weeks reminiscent of the 2009 Senate coup, when leadership of the chamber remained divided 31-31 for a month.

In the face of a deficit, Senate Republican spokesman Scott Reif said the conference’s priority would be on ensuring that taxes were not raised.

“Our Senate Majority remains focused on controlling spending and taxes, taking steps to make it more affordable to live and work in New York, encouraging greater opportunity, and promoting safety, security and a better quality-of-life for all New Yorkers,” Reif said.

The IDC, meanwhile, plans to focus on making it easier to vote, expanding pre-kindergarten in New York City for 3-year-olds, and achieving student loan forgiveness to combat teacher shortages.

Senate mainline Democratic leader Andrea Stewart-Cousins — who could become the first black woman to lead (or maybe co-lead) the Senate this year — is set to roll out a number of initiatives in the next few weeks, including on voting rights, sexual harassment protections and economic protections for vulnerable New Yorkers.

“New York faces a difficult economic situation and our taxpayers are being overburdened by actions taken by President Trump and Republican legislators, and both of these issues need to be addressed by state government this year,” Stewart-Cousins said in a statement. “We must find more ways to protect taxpayers and create good jobs, ensure access to quality, affordable health care for all New Yorkers, ensure voting rights, protect women’s rights, ensure our education system receives the resources it deserves, repair and fully fund our decaying infrastructure and MTA, and stand up for vulnerable communities under attack by the Trump administration.”

E.J. McMahon, research director of the Empire Center for Public Policy, said that for the first time since Cuomo took office in 2011 — when he reached a wide-ranging pact over Medicaid spending with various interest groups — such spending could be a major issue in the 2018 budget. As Cuomo seeks to resolve a budget deficit he estimates at more than $4 billion, school aid funding for education could also be on the chopping block.


Bill Samuels releases his own State of the State TV ad

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Reform advocate Bill Samuels, who poured significant resources into the pro-constitutional convention effort last year, is keeping up the drum beat on Albany reform, releasing Wednesday a “‘Real’ State of the State” television ad tying Gov. Andrew Cuomo to state government corruption scandals.

The ad uses news coverage of scandals involving former Assembly Speaker Sheldon Silver, former state Senate Majority Leader Dean Skelos and Joseph Percoco, a former top aide to the governor who is set to go to trial this month in a case involving some of the governor’s top economic development programs.

Cuomo has not been implicated in the Percoco case.

“If Andrew wants to finally follow through on his promise to clean up Albany, he is going to have to go way farther than the feeble reforms he’s once again proposing in 2018,”Samuels said in a sharp-tongued statement. “He is going to have to pass real clean contracting laws, close the LLC loophole, and turn off the spigot that allows politicians to accept unlimited contributions from large corporations and rich people whose only interest is getting even richer at taxpayer expense. In short, Andrew is going to have to end the system of influence peddling and legal bribery in New York State of which he is the largest beneficiary.”

A Cuomo spokesman did not immediately comment.

The ad is to run statewide on cable Wednesday night. Rush Perez, a spokesman for Samuels, said the initial ad buy is for Wednesday night but it may be extended.

The ad is below:

Jury questionnaire provides cast of characters for Percoco trial

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Joseph Percoco, a former aide to New York Gov. Andrew Cuomo, enters the Red Room in 2013. (AP Photo/Mike Groll) 

If you’re looking for a guide to the upcoming federal corruption trial of former top Cuomo aide Joseph Percoco and businessmen Peter Galbraith Kelly, Jr., Steven Aiello and Joseph Gerardi, look no further than the jury questionnaire recently agreed to by prosecutors and the defense. All four have pleaded not guilty to charges that include swapping bribes and gifts for official favors, and lying to federal investigators.

In addition to the standard questions about prospective jurors’ knowledge of the high-profile case and the participants in it (such as: “Do you have any strong opinions about politicians, government officials, or anyone else who works in government that might make it difficult for you to be a fair and impartial juror in this case?”), the form asks the candidates if they, their family members or a close friend “know or have/have had dealings with” several dozen individuals — some of them well-known, many familiar only to those who have been following the upstate corruption scandal, and a few deceased.

The prosecution and defense witness lists are generally not be made public in court filings, but the questionnaire almost certainly includes people who will be called to testify as well as others who could be mentioned during the course of the proceedings.

With the trial slated to begin next week, we have gone through the list and tracked down basic information on all but a few of those named on the questionnaire. (If you have any tips on those listed as “unknown” below, send them our way.)

Here’s the dramatis personae:

Kenneth Adams: Named by Cuomo to lead Empire State Development Corp. in 2011. Nominated as state tax commissioner in 2015, Adams instead departed for the private sector.
Raj Addepalli: An energy regulatory consultant with the state Public Service Commission.
Seth Agata: A former Cuomo administration attorney chosen in March 2016 as the third executive director of the state Joint Commission on Public Ethics. His two predecessors at JCOPE also came from the Executive Chamber. Agata has refused to answer reporters’ questions about whether he offered advice to Percoco about his private clients or financial disclosures.
Jeff Aiello: Executive vice president of COR Development.
Lou Aiello: A founding partner in COR Development, died in late 2016.
Steven L. Aiello Jr.: Son of COR Development’s president and co-founder, the younger Aiello worked for the state Homes and Community Renewal Agency from 2011-2014, worked on Cuomo’s 2014 re-election campaign, and then took a position as a policy advisor in the Executive Chamber after the 2014 election. He left in June 2016, just after the upstate development scandal came to light.
Nicholas Allard: President and professor at Brooklyn Law School.
Andrew Ball: Currently Cuomo’s deputy secretary for intergovernmental affairs. Previously served as director of scheduling and confidential assistant. Joined the administration in 2011 as special assistant for legislative and intergovernmental affairs.
Scott Bateman: Currently SUNY Polytechnic Institute’s associate vice president for finance and director of state financial operations. Also serves as chief financial officer of AIM Institute for Integrated Photonics and chief administrative officer of the U.S. Photovoltaic Manufacturing Consortium, Inc.
Suzanne Boshek: Senior executive assistant to Cuomo.
Theresa Brennan: Cuomo aide.
Mollie Brewster: Unclear, though there is an FBI agent by that name.
Andrew Breuer: President of Syracuse-based Hueber-Breuer Construction, a company named in the initial federal subpoena served on the Cuomo administration.
Daniel Brown: A common name, but possibly a reference to a midlevel Office of General Services official who departed to serve as SUNY Poly’s vice president of facilities and infrastructure; he left that post in August 2017.
Kate Burson: A former Cuomo policy adviser on energy issues who left the administration in October 2015. Currently works for Tesla Motors in New York City.
Chelsea Calhoun: Executive assistant to Percoco during 2015, his final year in the administration.
Maria Cassidy: Deputy general counsel with Empire State Development Corp.
Chris Carey: Unknown.
Dawn Clarry-Curry: An apparent transposition of the last name of Dawn Curry-Clarry, Cuomo’s liaison between the state Labor Department and labor unions.
Thomas Congdon: Formerly Cuomo’s assistant secretary for energy, now chief of staff to the state Public Service Commission.
Michael Corrigan: Vice president and deputy executive director at the state Dormitory Authority.
Andrew Cuomo: Governor of New York State.
Mario Cuomo: Former governor, father to the current executive, died in January 2015. Once described Percoco as his “third son,” according to Andrew Cuomo.
Michael Cusack: General counsel to the state Dormitory Authority.
Peter Cutler: Former spokesman for Empire State Development Corp.
Yanina Daigle: Former external affairs manager for Competitive Power Ventures.
Tom DeJesus: Unknown.
John DeFrancisco: State senator from the Syracuse area; deputy leader of the chamber’s Republican conference.
Joe DeStefano: Mayor of Middletown in Orange County, close by where Competitive Power Ventures is seeking to build a gas-fueled power plant.
Todd Diorio: President of the Hudson Valley Building Trades Council and business manager of Laborers’ Local 17.
David Doyle: Former SUNY Poly vice president for communications who left the school at the end of 2016.
Brenda Drosjack: A manager at Competitive Power Ventures.
Robert Duffy: Lieutenant governor from 2011 through 2014, currently president and CEO of the Greater Rochester Chamber of Commerce.
Doug Egan: Chairman and CEO of Competitive Power Ventures.
John Egan: While the name is common, this could refer to the former commissioner of the state Office of General Services, who died in September 2016 after decades in public service.
Caroline Ehrlich: Unknown.
William “Bill” Eimicke: Director of the Picker Center for Executive Education at Columbia University and professor at its School of International and Public Affairs. Gannett News Service reported that Eimicke has written reports on the benefits of Syracuse projects supported by COR Development. He served as former Gov. Mario Cuomo’s housing commissioner in the 1980s. Eimicke was a board member of Fuller Road Management, the development arm of SUNY Polytechnic, briefly in 2013 and 2014. He is married to Karen Murphy, a former board member of Fuller Road as well as Fort Schuyler Development, another SUNY Poly development entity. (Their service on Fuller Road did not overlap.)
Jodi Englert: Unknown.
James Fayle: Central New York regional director for Empire State Development.
Elizabeth Fine: General counsel at Empire State Development.
Sean Finnerty: Unknown.
Patrick Foye: Named by Cuomo last summer as MTA president, he previously served as executive director of The Port Authority of New York and New JerseyPrior to joining the Port Authority, he served as Cuomo’s deputy secretary for economic development.
Joanne Fryer: Former director of recruitment and appointments for Cuomo.
Kathleen Garver: An FBI agent in the Buffalo field office.
Anthony Giattino: Investigator with the office of the U.S. Attorney for the Southern District.
Thomas Giordano: Served as finance director for Cuomo’s re-election campaign.
Philip Gitlin: Unknown.

Howard Glaser.

Howard Glaser: Former director of state operations who according to Gannett News Service received between $25,000 and $70,000 from Columbia University in 2012 and 2013 to teach as an adjunct professor on public policy in a program run by William Eimicke. Glaser departed the administration in the summer of 2014. Glaser’s resume includes work for former Gov. Mario Cuomo in Albany, and with his son Andrew Cuomo at the federal Department of Housing and Urban Development. Glaser subsequently worked alongside Todd Howe — another veteran of Mario Cuomo’s administration and HUD — at the Mortgage Bankers Association. The Wall Street Journal reported that Howe and top Cuomo aide Joe Percoco would meet in Glaser’s office during his tenure as state operations director.
Jim Glavin: Director of security for COR Development.
Stephen Goldsmith: Former deputy mayor of New York City.
Caroline Griffin: Chief of staff and managing director of the state Dormitory Authority. Formerly served as Cuomo’s director of governmental affair and assistant executive deputy secretary — that is, Percoco’s assistant.
Elyse Griffin-Young: Unknown.
Kerri Hamm: Unknown.
Carlie Hanson: Director of architecture and design for COR Development.
Peter Harckham: Appointed in 2015 as assistant director of the state Office of Community Renewal at the Office of Homes and Community Renewal. A former Westchester County legislator.
Charles Harple: Senior partner at the Washington, D.C.-based Mathis-Harple Group.
Marilyn Hartley: A state human resources official.
Karen Hinton: A communications specialist who has worked alongside New York City Mayor Bill de Blasio, and the wife of Howard Glaser. A veteran of HUD where she worked alongside Cuomo, Glaser and Todd Howe.

Todd Howe, a lobbyist with Whitman, Osterman & Hanna, whose work focuses on stimulus funding. (Will Waldron, Times Union)

Todd Howe: Lobbyist-consultant who pleaded guilty to multiple felonies in September 2016. Fired in May 2016 by the large Capital Region law firm Whiteman Osterman & Hanna, where he ran a Washington, D.C.-based subsidiary called WOH Government Solutions. A former advance man for late Gov. Mario Cuomo, Howe went on to work with Andrew Cuomo at the federal Department of Housing and Urban Development, and with future state Director of Operations Howard Glaser at the Mortgage Bankers Association. He did extensive work for SUNY Polytechnic as well as many of the companies that have secured work on its projects. Howe also operated the obscure consulting firm Potomac Strategies LLC. Its client list is currently unknown. In August 2016, COR Development of Syracuse sued Howe over his alleged failure to repay what it described as an $85,000 loan it made to him a year before. Politico New York reported that Howe served as a prodigious fundraiser for Gov. Andrew Cuomo’s 2014 re-election effort. The New York Times has reported that Howe’s personal finances have been in disarray for years. Howe and his wife have secured mortgages for homes in Washington, D.C., though companies connected to Abraham Eisner, who has served as a liaison between Cuomo and Brooklyn’s Orthodox Jewish community. Eisner’s company also provided a mortgage to former Cuomo aide Joe Percoco. Before the scandal, Howe served on the management advisory board of Columbia University’s Earth Institute.
Erin Hyatt: Unknown.
Charles Imohiosen: Served as chief operating officer of Empire State Development from January 2014 through March 2015.
Catherine Johnson: A lawyer for COR Development.
Paul Joynt: Executive vice president of COR Development.

SUNY Polytechnic Institute Founding President and CEO Alain Kaloyeros leaves Albany City Courthouse following his arraignment on state charges on Friday morning, Sept. 23, 2016, in Albany, N.Y. (Will Waldron/Times Union)

Alain Kaloyeros: Former founding president and CEO of SUNY Polytechnic Institute. A defendant in the second trial related to the upstate development scandal, Kaloyeros is also facing a state bid-rigging charge. He is currently suing SUNY Poly’s management nonprofits to compel them to pay his legal bills.
Richard Kauffman: Cuomo’s “energy czar” serves as chairman of Energy & Finance for New York and of the NYSERDA board.
Charles “CJ” Kempf: Former SUNY Poly vice president for policy and regulatory affairs and special legal adviser to Alain Kaloyeros.
Andrew Kennedy: Formerly Cuomo’s deputy director for state operations; currently leads the Albany-based Center for Economic Growth.
John Kihlberg: Unknown.
Jane Kozinski: Unknown.
Michael Kunkel: Unknown.
Linda Lacewell: Currently Cuomo’s chief of staff and counselor to the governor. With a single a brief hiatus in 2016-17, she has worked for Cuomo since 2007.
Gary Lambert: CEO and president of Competitive Power Ventures.
Gregory Lancette: President of the Central-Northern New York Building & Construction Trades Council.
Chris Lapetina: A political and legislative strategist and veteran campaign operative who is the founder of FOCUS Consulting, part of the Mathis-Harple Group. A veteran of Gov. Mario Cuomo’s administration.
David Lara: Appointed in 2013 as Cuomo’s senior policy and fiscal advisor based at the Budget Division.
Jim Laurito: Former president and CEO of Central Hudson Gas & Electric, currently executive vice president of its parent company, Fortis Inc.
Richard Leckerling: Partner at Whiteman Osterman & Hanna; Todd Howe ran a Washington, D.C.-based subsidiary of the firm that was shuttered after the upstate development scandal came to light.
Brian Lucey: Another partner in Whiteman Osterman & Hanna.
Alison Lee: A well-known Albany lobbyist (though her first name is properly spelled “Allison”) whose practice is concentrated on high-tech and communications. CEO of Albany Strategic Advisors.
Edwin Lee: A senior official at Empire State Development Corp.
Martin Levine: Deputy general counsel for the state Joint Commission on Public Ethics; served from 2013 through 2016 as its director of lobbying.
Brian Lucey: Partner at Whiteman Osterman & Hanna.
John Maggiore: Named in January 2015 as Cuomo’s director of policy.

Onondaga County Executive Joanie Mahoney. (Paul Buckowski, Times ZUnion)

Joannie Mahoney: Actually spelled “Joanie,” she is Onondaga county executive. A Republican with a mutually productive relationship with Cuomo.
Jim Malatras: Cuomo’s former director of state operations who previously served as a top policy advisor to Cuomo and as chief of staff to former SUNY Chancellor Nancy Zimpher. Currently president of SUNY’s Rockefeller Institute of Government.
Joseph Martens: Cuomo’s former commissioner of the Department of Environmental Conservation.
Chuck Mathis: Unknown. Could be a transposition of the names of Chuck Harple and Mike Mathis, principals in the Washington, D.C.-based Mathis Harple Group lobbying firm.
Michael Mathis: Managing partner of the Mathis-Harple Group, a lobbying firm based in Washington, D.C.
Sean McGarvey: President of North America’s Building Trades Unions.
Kimberly McGowan: Unknown.
Stephanie Miner: The former mayor of Syracuse. A Democrat who frequently feuded with Cuomo.
Will Mitchell: Unknown.
Bill Mulrow: An investment banker who served as Cuomo’s secretary beginning in January 2015. Chairs the governor’s 2018 re-election campaign.
Nancy Nemeth: Has worked in Cuomo’s appointments office since 2011.
Michael Novakowski: Director of business development at the Syracuse-based CenterState Corporation for Economic Opportunity.
Thomas O’Brien: Another common name, though there is an associate vice president for innovation infrastructure and resources at SUNY Poly who bears it.
Ken Dell Orto: Former senior associate at Competitive Power Ventures.
Bonnie Palmer: Syracuse-based business development specialist at Empire State Development Corp.
Mehul Patel: Former chief operating officer and chief of staff at Empire State Development Corp.
Tim Pendex: Unknown.
Lisa Percoco: Joe Percoco’s wife is a former middle-school language teacher. Her husband’s 2012 and 2014 financial disclosure forms show she earned between $80,000 and $120,000 in salary from Chris Pitts LLC, a firm that has done work for Competitive Power Ventures. The Percocos’ 2013 income remains unknown to the general public because Cuomo’s office has refused to release disclosure forms he filed after returning to the administration in December 2014. The state Joint Commission on Public Ethics failed to demand Percoco’s disclosure forms for 2013 because of a loophole in its policies that has since been closed.
Chris Pitts: A Connecticut-based consultant who allegedly served as a conduit for Competitive Power Ventures’ payments to Lisa Percoco.
Peter Podurgiel: Senior vice president and head of project development for Competitive Power Ventures.
Mason Posilkin: An investigator with the office of the U.S. Attorney for the Southern District.
Darby Putnam: Assistant secretary for the state Public Authorities Control Board.
Gil Quinones: President and CEO of the New York Power Authority.
Joseph Rabito: Appointed in March 2017 as Cuomo’s deputy secretary for intergovernmental affairs. Formerly served as deputy director of state operations for programs and executive deputy commissioner at the state Office of General Services.
Karen Rae: Appointed in April 2015 as senior advisor for “innovative project delivery” for Empire State Development Corp. Previously served as Cuomo’s deputy secretary for transportation.
John Regan: A former counsel in Cuomo’s office from 2012 to 2015. Previously worked for Todd Howe at a Washington, D.C., lobbying subsidiary of the Albany-based law firm Whiteman Osterman & Hanna, where the two specialized in landing federal appropriations for nonprofits. Regan had worked at the Mortgage Bankers Association with both Howe and Howard Glaser. In February 2015, Regan left the administration to rejoin Whiteman Osterman & Hanna, this time as a partner in the Albany office. Currently serves as associate counsel and director of government relations at Albany Medical Center.
Steve Remillard: Vice president for development at Competitive Power Ventures.
Gareth Rhodes: A former press aide to Cuomo who recently announced his campaign for the congressional seat in the 19th District, currently held by Republican Rep. John Faso.
Pauline Ross: Served as Cuomo’s deputy director of the Center for Recruitment and Public Service.
Raymond Rudolph: Former executive chairman and CEO of CHA Consulting, a subsidiary of the Albany-based engineering firm CHA, formerly known as Clough Harbour & Associates, that has secured extensive work on upstate development projects. Joe Percoco’s 2014 financial disclosure form shows income from CHA Consulting. The company donated at least $200,000 to Cuomo’s campaign between 2013 and 2015. It has offices in the former Union Station in downtown Albany, a building managed by SUNY Poly, as well as at the school’s main campus.
Tom Rumsey: Senior vice president of external and regulatory affairs at Competitive Power Ventures.
Kimberly Russell-McGowan: Unknown.
Emily Saltzman: Appointed in November 2015 as assistant vice president and director of the Office of Economic Opportunity and Partnership Development at NYS Homes & Community Renewal. Previously served as Cuomo’s director of community affairs.

Larry Schwartz (Mike Groll, AP file photo)

Larry Schwartz: Former top adviser and secretary to Cuomo who left the administration in January 2015.
Adrian Swierczewski: A Budget Division official who chairs the state Public Authorities Control Board. (Also on the list as “Scierczewski.”)
Robert “Bob” Sekowski: Co-founder and co-executive director of Empire Housing and Development Corporation, a private, 501(c)(3) corporation that develops affordable housing for low and moderate income households.
Dominick Servidio: Likely Dominick Servedio, executive chairman of STV Group, a Manhattan engineering and architectural consulting and design firm mentioned in a subpoena served on the Executive Chamber in the spring of 2016.
Susan Shaffer: Unknown.
Robert Simpson: President of CenterState Corporation for Economic Opportunity and co-chair of the Central New York Regional Economic Development Council.
Reid Sims: Named in January 2016 as Cuomo’s deputy director of Executive Chamber operations. Previously served as an operations coordinator for the Executive Chamber. Worked on Cuomo’s 2010 gubernatorial campaign.
Jared Snyder: Deputy commissioner for air resources, climate change and energy at the state Department of Environmental Conservation.
Steve Sullivan: Unknown.
Ann Marie Taliercio: President of the Central New York Area Labor Federation, AFL-CIO.
Mark Tebbano: Senior vice president for market development at CHA Tech Services, a subsidiary of CHA.
Dubravka Tosic: An economist who provides expert witness testimony.
Mark Turner: Unknown.
Andrew Urquhart: Unknown.
Aimee Vargas: Appointed in March 2015 as Cuomo’s director of downstate intergovernmental affairs, which covers the Hudson Valley, New York City and Long Island. Vargas previously oversaw Cuomo’s regional affairs in the Hudson Valley and served as the Mid-Hudson Regional Director of Empire State Development and as executive director of the Mid-Hudson Regional Economic Development Council.
Benjamin Walsh: The newly installed mayor of Syracuse, who previously held public and private posts in economic development.
Chris Walsh: A former economic development and compliance official at SUNY Polytechnic Institute, a job he landed in 2014 with the assistance of Todd Howe. A financial disclosure form filed in 2011 by Walsh — then a deputy commissioner at the Department of Environmental Conservation — shows that Howe owed him between $1,000 and $5,000 for an “unsecured” loan at that year’s end. From 2012 onwards, the loan no longer appears on Walsh’s disclosure forms.
Juanita Williams: The former regional director for the state Department of Labor who ran unsuccessfully in 2017 as the Democratic candidate for mayor of Syracuse.
Margaret Williams: Unknown.
Thomas Young: A former mayor of Syracuse (1986-1993) who in 2010 tried to recruit COR Development to work on the city’s inner harbor, and introduced company officials to Todd Howe.
Audrey Zibelman: The former chair of the state Public Service Commission. In March 2017, she began a new job as CEO of an energy company in Australia.

The list concludes with roughly two dozen businesses, state agencies and institutions including SUNY Poly.

Opening arguments paint dueling portraits of Percoco

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Federal prosecutors and defense counsel on Tuesday morning offered competing portraits of Joe Percoco, a former top aide and confidant of Gov. Andrew Cuomo who stands accused of swapping bribes for official favors.

“This case is about corruption, the old-fashioned kind,” Assistant U.S. Attorney Robert Boone told the jury of seven women and five men.

Boone described Percoco as a man whose orders were backed up by the knowledge that he was Cuomo’s backroom enforcer, an operative who could make or break a given project. He referred to emails the prosecution would introduce in which Percoco and Howe referred to money as “ziti,” and noted that the term had been picked up from a television show. While Boone did not reveal it, the program was HBO’s crime drama “The Sopranos.”

Boone then proceeded to lay out the allegations against the other three defendants: Peter Galbraith Kelly of Competitive Power Ventures, which has for years been developing a controversial gas-fired power plant in Orange County; and Steven Aiello and Joseph Gerardi, top executives with COR Development of Syracuse, which secured contracts on a number of projects initiated by Albany-based SUNY Polytechnic Institute.

The businessmen stand accused of paying Percoco and his wife more than $300,000 during the period in which he was serving as Cuomo’s executive deputy secretary or as the manager of the governor’s 2014 re-election campaign.

Percoco’s attorney Barry Bohrer countered by calling Percoco a “blunt” but well-intentioned public servant who was devoted to his mother. If he had made “mistakes,” Bohrer contended, they did not rise to the level of official corruption.

Bohrer laid into Todd Howe, the lobbyist and longtime associate of both Percoco and Cuomo who is expected to serve as a key witness for the prosecution.

Bohrer did not miss numerous opportunities to use Howe’s middle name, Ransom, in his opening statement.

Prosecutors are expected to continue Monday with their first witnesses, including a prominent current member of Cuomo’s administration: Linda Lacewell, who serves as chief of staff and counselor to the governor. Except for a hiatus in 2016-17, Lacewell has worked for Cuomo in the Executive Chamber or during his tenure as attorney general since 2007.

Read more about expected witnesses and other figures in the trial.

Coming April 10: Panel discussion on ‘What We Saw at the Percoco Trial’

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The corruption! The emails! The ziti! All that and more will be discussed next Tuesday at the Hearst Media Center by a trio of journalists who covered the epic federal trial of former Cuomo aide Joe Percoco and three businessmen, a proceeding that ended with Percoco’s conviction on three of the six counts against him. (Percoco’s attorney’s on Monday asked the judge in the case to allow him to travel to the Capital Region — but apparently not to attend next week’s discussion.)

The discussion, which kicks off with a breakfast reception at 8 a.m. Tuesday, includes Jesse McKinley of the New York Times Capitol bureau, Adam Klasfeld of Courthouse News Service, and the TU’s veteran courts reporter Rob Gavin.

The Hearst Media Center is located at the Times Union’s headquarters at 645 Albany Shaker Road. Sign up to attend the chat on EventBrite; admission is $15.

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