Thursday, January 29, 2015

Did the Moreland Commission Shutdown Lead to the Sheldon Silver Indictment ? — Maybe, Maybe NOT — What about the Feds' Investigations of Marty Golden ?


One of New York State’s Top Republicans says Moreland Commission findings are part of U.S. Attorney Preet Bhara’s charges against Silver  —   Another Upstate GOPer says it was disclosures under NYS laws and rules that triggered the Feds' probe that led to the Silver indictment

Does any of that make a difference for other legislators under investigation  —  like State Senator Martin Golden ?



According to an interview reported by the blog, “Syracuse.com,” Assembly Minority Leader Brian Kolb says that the Moreland Commission’s work led to the prosecution of Assembly Speaker Sheldon Silver. That post noted that “Some of the work started by Gov. Andrew Cuomo's now defunct anti-corruption Moreland Commission led to last week's arrest of Assembly Speaker Sheldon Silver, according to federal prosecutos....  ‘The only person who knows for sure is the federal prosecutor,’ said Assembly Minority Leader Brian Kolb, R-Canandaigua. ‘So far, he hasn't shared it.’...” ( See “How Cuomo's Moreland Commission factored into Sheldon Silver's arrest (timeline)” by Teri Weaver, 1/27/15, Syracuse.com [http://www.syracuse.com/news/index.ssf/2015/01/how_cuomos_moreland_commission_factored_into_sheldon_silvers_arrest.html] [tweaver@syracuse.com]).

Not everybody agreed, “Assemblyman Will Barclay, R-Pulaski, said he's not convinced that the work from Moreland factored into the investigation by federal prosecutors. He thinks that a new requirement to disclose legislators' private income played a bigger role. ‘I think one of the real catalysts was disclosing income,’ Barclay said Monday. ‘We always had to disclose it, but it never was made public.’

WHAT THE TIMELINE SHOWS

What everybody need to remember is that it was back in June 2013 that Preet Bharara launched his grand jury investigation into matters including the outside income of Assembly Speaker Sheldon Silver. It was shortly AFTER that, on July 2, 2013, when Cuomo created “his” investigative commission —  it was supposed to be an investigative panel under the Moreland Act to examine New York's weak campaign finance laws, propose changes and investigate any suspected wrongdoing, including earnings associated with lawmakers' outside incomes — importantly, that panel had subpoena power.

Governor Cuomo disbanded “his” so-called Moreland Commission on  March 29, 2014, which at the time the governor claimed he had every right to do, since it was “his” commission.  That was not long after the commission’s co-chair, Onondaga County District Attorney William Fitzpatrick, had said the commission had uncovered unspecified criminal activity  —  and shortly after the commission had subpoenaed records from Silver and from the law firm from which Silver allegedly received millions of dollars in income that he failed to reveal in state financial disclosure records.

After Cuomo shut down “his” investigative commission, U.S. Attorney Preet Bharara publicly criticized the governor for halting the Moreland Commission's work, calling it a "premature end" and that it was "difficult to understand."  On April 10, 2014, Preet Bharara requested the Moreland Commission's files and documents, including documents related to its investigation of legislators' outside income; those items were then sent to the U.S. Attorney. Later the Federal Prosecutor noted that,  "Certain of these documents [from the Moreland Commission] and leads contained therein are reflected in this complaint."

However, Bharara also said this at a news conference following Silver's arrest: "We had been looking at Speaker Silver's outside income for some period of time, and then merged our investigation with new material that we got from the Moreland Commission...."  Interestingly, when Bharara was asked if Cuomo bears any blame for the Moreland Commission's failure to discover or to make public the secret payments to Silver; Bharara’s answer was neither an acknowledgment nor a denial.  "I've made my view about the shutting down of the Moreland Commission clear. That's all I'll say...."

WHAT ABOUT THE ONGOING INVESTIGATIONS BY THE FEDS

The last item in the timeline contained in the Syracuse.com article says “... Bharara continues to investigate lawmakers.”

Certain questions need to be looked into, especially with respect those parts of the U.S. Attorney’s investigations of any local GOP representatives in Albany  —  and so far, that only means NYS Senator Marty Golden.

Did U.S. Attorney Preet Bharara begin his investigations of State Senator Marty Golden’s “fundraising” as part of the same original investigations into the outside income of certain legislators like Sheldon Silver ?  What, if any, Moreland Commission generated material included anything about State Senator Golden and his interactions with large-scale real estate developers ?  Did State Senator Golden and others in the GOP State Senate leadership attempt to influence Governor Cuomo or anybody else to shutdown or limit the Moreland investigations ?  Did Governor Cuomo’s shutdown of the Moreland Commission effect the U.S. Attorney’s investigations of Marty Golden in any way ?

The answer to all or even some of those questions might well effect whether there will be charges against Golden, as well as the nature and scope of those charges.

14 comments:

Galewyn Massey said...

EDITORIAL MOVE: THE "I THINK IT LOOKS BETTER AND MAKES MORE SENSE TO BE HERE" EDITION

THE FOLLOWING COMMENT HAS BEEN MOVED TO THIS THREAD FROM IT’S ORIGINAL PLACE IN THE COMMENT THREAD TO MY 1/28/15 POST BELOW, “Cuomo and de Blasio seem happy with their Nanny Tyranny after “Better safe than Sorry” Shutdown of New York”:

"Anonymous said...
In other news, there is a huge rally taking place now (9:00am this morning) on the steps of City Hall protesting the Marty Golden 421-a tax breaks for big real estate devlopers and property owners. Senator Golden for his part has professed complete ignorance on the issue of special tax abatements although he sponsored the bill that passed. The five biggest developers that received these tax abatements were also the largest campaign contributors. If Preet pursues Marty Golden I think it will also be a two-pronged criminal complaint as is the one with Shelly Silver. Preet will probably go after Marty Golden on the alleged quid pro quo for the real estate matter (remember Golden was also part and parcel to the Atlantic Yards thing) and go after him on the 500K in campaign money going to the catering hall. Golden would be hard pressed to prove that he did not personally benefit from funds being funneld through the bay Ridge Manor. The significance of this morning's rally at City Hall is that it raises the issue publicly and begins to make others question the actions of those legislators involved.
January 29, 2015 at 7:02 AM”

Anonymous said...

Golden's reign is on borrowed time.

Don't let the door hit you on the way out Senator.

Anonymous said...

Lots of players involved that all have one thing in common. They walk if they cut a deal with Preet to give up a politician.

Anonymous said...

If your reading this it means you are a high rolling political operative so you will understand the following.

Prior to being nominated by Senator Schumer to be US Attorney, Preet was Counsel to Sen Schumer. Preet is zeroing in on Cuomo and hes on the right path.

Its not that Schumer wants to be Governor, he just dosent want anyone else to be Governor.

Galewyn Massey said...

BACKFILL: THE “GOVERNOR CUOMO UNDER WATER AND GETTING DEPTH-CHARGED” EDITION

FREDRIC U. DICKER — A MAN WHO KNOWS WHAT MAKES CUOMO TICK — AND SOMEBODY WHO IS MORE THAN WILLING TO TELL YOU — GIVES AN INSIDER’S LOOK AT A GOVERNOR WHO SEEMS TO BE SINKING FAST, OR AT LEAST ONE THAT IS TRYING TO AVOID DROWNING

Fred Dicker’s look inside of the Governor’s Office [and probably other private spaces] gives us the kind of up close, in your face grittyness that makes the scenes involving Governor Cuomo look and feel like they’re coming from inside the U-Boat in “Das Boot” while the Kapitan, officers and crew are being depth-charged and headed toward the bottom inside their collective “Iron Coffin[ ].”

Dicker’s recent feature about Cuomo and his Preet Bharara problems in the New York Post starts off with the bang of a brick through Cuomo’s window — “Gov . Cuomo is “freaked-out and furious” over the bombshell criminal charges dropped on Assembly Speaker Sheldon Silver last week — and “obsessed with fear’’ because of the ongoing federal corruption probe. *** One source described Cuomo as “doubly enraged’’ by hard-driving Manhattan US Attorney Preet Bharara’s decision to bring the five criminal corruption charges against Silver just hours after the governor delivered his State of the State address — and then, less than 24 hours after that, to indict Albany’s “three men in a room’’ culture in which Cuomo is the lead player. *** “Cuomo feels Preet just walked all over him,’’ said the source....” (See “Cuomo ‘on edge’ as federal corruption probe continues” by Fredric U. Dicker, 1/36/15, NY Post [http://nypost.com/2015/01/26/cuomo-on-edge-as-federal-corruption-probe-continues/]).

From the sound of Dicker’s prose, it seems like he wants Andrew Cuomo to be as upset by Dicker’s column as Cuomo obviously is by the timing of Bharara’s announcement of his indictment of NYS Assembly Speaker Silver.

Dicker ends this piece of his telling of the story with this: “State political circles are abuzz with speculation that Bharara is seeking to determine if Cuomo had any knowledge of Silver’s allegedly illegal outside income last spring when he agreed with Silver and Senate Republican Leader Dean Skelos to fold the commission.”

Well, sure that does seem threatening to the Governor; but how do we know that’s where the federal prosecutor will go if he has any case against the Governor.... For all we know, Bharara has nothing on Cuomo, or what he has might be something completely different.

Those who know the story of “Das Boot” know that the U-Boat and its crew barely survived the worst depth charge attack. They made it back home safely and victorious; only to be destroyed, in port; being caught by an RAF raid right outside their bomb-hardened pens, with Herr Kapitan dying on the wharf next to “Das Boot.”

The same sequence of events might well be in the offing for Governor Cuomo — hunkering down to survive the post-Moreland Commission anti-corruption onslaught — only to have to face Preet Bharara’s coming up with something newer and more devastating. With all of Bharara’s shaking, who knows what will fall out of Cuomo’s tree.

Anonymous said...

Both tabloids this morning have articles stating that Preet is now investigating Dean Skelos - the third guy in the room. It isn't in the New York Times yet so we cannot say if it is true but what does this mean for the Marty Golden investigation? It seems Preet is investigating Skelos for the same kind of campaign fund funneling of money issue.

Anonymous said...

And then there is the matter of the Bay Ridge-Bensonhurst Beautification Alliance founded by Larry Morrish to beneift the political career of Senator Golden. This might be an avenue in the throes of investigation - who knows. Is that the same Morrish who is listed as an independent business consultant in the asset forfeiture checks received from Joe Hynes? Or is it a different Larry Morrish?

Anonymous said...

There have been so many Larry Morrishes running around Bay Ridge and Dyker Heights over the years - that if you lined them all up, the guy in the middle of the line would be Center Morrishes. Bharara's investigators need to squeeze all of the Morrishes and guys like him.

Gail, you haven't mentioned Kassar in a while, are you guys friends again?

Anonymous said...

Well to add my two cents I think this is a Craig Eaton friendly place and therefore we do not like Gerry Kassar.

Galewyn Massey said...

UPDATE: THE “THINLY SLICED BALONEY” EDITION

DEAN SKELOS’ NAME IS DROPPED BY LOCAL TV NEWS AND NYC TABLOIDS AS TARGET OF PREET BHARARA’S PROBE

REPUBLICAN LEADER LASHES BACK — THAT THE STORIES ARE ‘THINLY SOURCED”

Last night NBC’s Channel 4 reported that NYS Senate Majority Leader Dean Skelos was being investigated by the NYC federal prosecutor ( See “U.S. Attorney Investigating NY Senate Leader Dean Skelos: Sources” by Jonathan Dienst, Joe Valiquette and Kevin Nious, 1/29/15, NBC News/ 4 New York [http://www.nbcnewyork.com/news/local/dean-skelos-investigation-state-senate-leader-albany-290259821.html]). The print headline of that story continued with this: “Skelos’ ties to the real estate industry are among the areas of inquiry, sources said”

The main substance of the Channel 4 report was simply put this way: “Federal investigators are looking into state Senate Majority Leader Dean Skelos' sources of income, according to people familiar with the investigation. *** U.S. Attorney Preet Bharara is taking a hard look at Skelos’ ties to the real estate industry, among other areas of inquiry, the sources told NBC 4 New York.”

Skelos did respond with a strange non-denial reported by Will Bredderman in the NY Observer. “State Senate Majority Leader Dean Skelos this morning blasted a TV news report that alleged he is under investigation by U.S. Attorney Preet Bharara—though the lawmaker did not deny the piece’s central claim....” (See “Dean Skelos Slams ‘Thinly-Sourced’ Report Claiming He Is Under Investigation” by Will Bredderman, 1/30/15, NY Observer [http://observer.com/2015/01/dean-skelos-slams-thinly-sourced-report-claiming-he-is-under-investigation/]).

In addition to its original story, that non-denial response by Mr. Skelos staff was added into the later reports posted by Channel 4.

The same story was picked up by the New York Post and the NY Daily News, both indicating it was a re-report of the Channel 4 coverage (See “NY Senate leader is US attorney’s new target” by Jamie Schram, Carl Campanile & Bob Fredericks, 1/30/15, NY Post [http://nypost.com/2015/01/30/senate-leader-dean-skelos-is-preets-new-target-report/]); see also “State Senate Majority Leader Dean Skelos next target of U.S. Attorney Preet Bharara; New York lawmaker's outside income being probed: report” by Kenneth Lovett, 1/30/15, NY Daily News [http://www.nydailynews.com/news/politics/skelos-investigated-bharara-report-article-1.2097399]). Both papers mentioned the dismissive reply by the Skelos’ people.

Last year, Mr. Bharara indicted one of Mr. Skelos’ top GOP lieutenants in the State Senate, Deputy Majority Leader Thomas Libous on charges that he lied to the FBI in another investigation.

Anonymous said...

Marty Golden's old buddy Richard Lipsky has an article in this morning's Daily News in which Lipsky (of the Doris and Richard family) criticizes Preet Bahara's investigation of politicians. Lipsky does not come right out and mention his relationship with Golden but he does take a nice swipe at Joe Hyne's corruption while DA in Brooklyn. Oh the irony.

Catherine Nolan for Assembly Speaker Fan Club

Galewyn Massey said...

UPDATE: THE "RE-REPORT" EDITION

NEWS 4 NEW YORK RETOLD IT'S STORY ABOUT DEAN SKELOS LAST NIGHT

THE REPORT INCLUDED SKELOS' "THINLY SLICED" DENIAL

Chuck Scarborough more or less delivered a "We did it and we're glad" version of their day-old story about Preet Bharara's looking into Dean Skelos outside income from a Long Island law firm.

Galewyn Massey said...

BACKFILL THEN & NOW: THE "JUST SO EVERYBODY IS ON THE SAME PAGE" EDITION

THE LIPSKY-GOLDEN THING FROM COMMENT ABOVE BY "ANONYMOUS...4:44 AM..." -- AND WHAT IT'S ABOUT

There once was an article by Azi Paybara (See "Tarring Marty Golden with Richard Lipsky" by Azi
Paybarah, 9/27/12, Capital New York [http://www.capitalnewyork.com/article/politics/2012/09/6537567/tarring-marty-golden-richard-lipsky]. The article mentioned that "In January 2011, public records show Republican state senator Marty Golden received his first and only donation from an Upper West Side woman named Dorothy Lipsky. The donation was for $3,000. *** Two months later, Dorothy's lobbyist husband, Richard Lipsky, was accused of bribery. He pleaded guilty [later in 2011]."

Now, Mr. Lipsky is doing Op Ed Opinion pieces for the Daily News generally going after prosecutors as corruption fighters; in which he specifically talks about US Attorney Preet Bharara (See "Prosecutors like Preet Bharara are politicians, too..." by Richard Lipsky,1/31/15, NY Daily News/ Opinion [http://www.nydailynews.com/opinion/richard-lipsky-prosecutors-politicians-article-1.2098488]).

It's quite a stretch trying to tie all or any of this up as something to do with Brooklyn GOP State Senator Martin Golden, but never forget that Mr. Lipsky was a very big player in the corruption case against Brooklyn State Senator Carl Kruger (for the many details of that story just put "Carl Kruger" and "Richard Lipsky" in your "Little [Search] Engine That Could"). Also remember that, for the longest time, the fates of State Senators Kruger and Golden were as closely aligned as Polaris, and the Big and Little Dippers.

Anonymous said...

A stretch perhaps. But it is all about connecting the dots - which is what these criminal investigations do. Who knows where it will all lead . . .

Senator Golden has marketed himself to the voters as a former civil servant and pro-union man yet he owns a three million dollar condo with 20 apartments? A one and half million dollar home also? Is the landlord of the Bay Ridge Manor? etal . . .A full accounting of its legitimacy is not too much too ask from the voters.