About CJA
Our History
Our Mission
Who We Are
Awards & Honors

Published Pieces

Testimony

Judicial Selection
Federal
State-NY

Judicial Discipline
Federal
State-NY

Test Cases:
Federal (Mangano)
State (Commission)

"Disruption of Congress"
Paper Trail to Jail
Paper Trail from Jail
The Appeals

Judicial Compensation
Federal
State-NY

Elections:
Informing the Voters

Press Suppression

Suing The New York Times
Outreach
Background Paper Trail

Searching for Champions:
    (Correspondence):

Federal
NYS
Bar Associations
Academia
Organizations
Nader & Others
Citizens

Our Members' Efforts

Library

Join Us!

CJA's July 19, 2013 corruption complaint
to Albany County District Attorney David Soares
(& the Public Trust Act)

click here for: Albany D.A. Public Integrity Unit website

                     Albany County District Attorney website

click here for: 
interview of D.A. Soares on WCNY's July 15, 2013 Capitol Report:
"The never-ending culture of corruption
"
“We have an institution that is completely resistant to policing itself, to passing any bit of legislation that is going to improve the public’s sense of confidence…We go through legislative session after legislative session, and we do not move that ball.” 

CJA's July 19, 2013 corruption complaint to Albany District Attorney Soares' Public Integrity Unit --
     
  "RE:    (1) Governor Cuomo’s 'Public Trust Act' – His Program Bill #3 – and the Moreland Commission to Investigate Public Corruption;
                 (2) Criminal Complaint against NYS’ Highest Constitutional Officers for Grand Larceny of the Public Fisc and Additional Corrupt Acts – as, likewise, against NYS’ Other Constitutional and Public Officers and their Taxpayer-paid Counsel and Professional Staffs;
                 (3)
Intervention in Center for Judicial Accountability, et al. v. Andrew Cuomo, et al. (NY Co. #401988/2012) & Transfer to Albany County, with Amendment of the Verified Complaint to Embody Additional Causes of Action and Supervening Facts, Including: (a) Violations of Constitutional, Statutory, and Rule Provisions Underlying Passage of the NYS Budget for Fiscal Year 2013-2014 and Judiciary/Legislative Appropriations Bill S.2601-A/A.3001-A; and (b) the Unconstitutionality of the Senate and Assembly Rules, as Written and as Applied, Vesting Disproportionate Power in the Temporary Senate President and Assembly Speaker, Eviscerating Legislative Process & Functioning"
                                     July 22, 2013 transmittal letter to indicated recipients 

                   
           ENCLOSURES accompanying corruption complaint:

(1)  Executive Summary to CJA's October 27, 2011 Opposition Report to the August 29, 2011 'Final' Report of the Commission on Judicial Compensation     

(2) CJA’s November 29, 2011 corruption complaint to Attorney General Schneiderman    [see Exhibit Q to verified complaint in CJA's declaratory judgment action-CJA, et al. v. Cuomo, et al]    

(3) CJA’s March 1, 2012 corruption complaint to Comptroller DiNapoli
                 [see Exhibit Q to
verified complaint in CJA's declaratory judgment action]                      

(4) CJA’s April 15, 2013 corruption complaint to U.S. Attorney Bharara
                    [
click here for CJA's webpage for April 15, 2013 complaint]

         (5) CJA’s May 13, 2013 corruption complaint to U.S. Attorney Lynch
                           [click here for CJA's webpage for May 13, 2013 complaint]                           

         (6) CJA’s June 13, 2013 corruption complaint to U.S. Attorney Hartunian
                          [click here for CJA's webpage for June 13, 2013 complaint]

(7) CJA’s June 4, 2013 letter to Senate Committee on Investigations & Government Operations & Assembly Committee on Oversight, Analysis & Investigation  
             [click here for CJA's webpage for June 4, 2013 letter]

(8) CJA’s June 27, 2013 ethics complaint to the NYS Joint Commission on Public Ethics  [click here for: CJA's webpage for June 27, 2013 complaint]

(9) CJA’s July 11, 2013 corruption complaint to NYS Inspector General Scott 
            [click here for: CJA's webpage for July 11, 2013 complaint]

 *      *      *
Factual Background
 to the July 19, 2013 corruption complaint:

VIDEO of Governor Cuomo's April 9, 2013 press conference
& press release: "Governor Cuomo Proposes New Class of Public Corruption Crimes"

"DA Vance Statement on Governor Cuomo's Proposed Public Trust Act" -- April 9, 2013 press release

"Senator Kennedy: Public Trust Act is Important, Necessary Step to Crack Down on Albany Crime Spree", April 9, 2013

"Senator Serrano Applauds Governor Andrew Cuomo for Introduction of the Public Trust Act", April 9, 2013    

              April 16, 2013   "Cuomo won't give AG election enforcement powers", Capitol Confidential, Jimmy Vielkind

              April 25, 2013 Where’s the bills?”, WNYC-Capitol Report           

Governor Cuomo's Program Bill #3: "Public Trust Act" 
& memorandum

   April 29, 2013  "Cuomo Unveils Public Trust Act Language",
                                YNN, Liz Benjamin

            April 29, 2013 
Cuomo details first reform, WCNY-Capitol Report

VIDEO of Governor Cuomo's June 11, 2013 press conference, with press release: "Governor Cuomo Details Comprehensive Reforms to Prevent Public Corruption, Modernize New York's Voting Laws, and Reduce the Influence of Money in Politics"

June 11, 2013 letter, signed by ALL 62 New York State District   Attorneys to Speaker Silver & Senate Majority Coalition Leaders Skelos and Klein -- "RE: Governor's Program Bill #3: Public Trust Act"

"Manhattan District Attorney Vance, Governor Cuomo, District Attorneys from Around the State Urge Passage of Public Trust Act"  -- June 11, 2013 press release

Governor's Program Bill #4 --
Creating Enforcement Counsel at Board of Elections;
Repeal of Wilson-Pakula; Party Enrollment Deadline Change

 
memorandum

Governor's Program Bill #5 --
Voter Registration; Ballot Access; Ballot Simplification

memorandum

Governor's Program Bill #12--
"Campaign Finance Reform Act of 2013"
memorandum

Governor Cuomo's July 2, 2013 press release, with VIDEO "Governor Cuomo Appoints Moreland 'Commission to Investigate Public Corruption,' with Attorney General Schneiderman Designating Commission Members as Deputy Attorneys General"

“This session, I put forward the most comprehensive and aggressive legislative package Albany has seen in decades to address the corrosive influence of money in elections, strengthen prosecutors’ ability to fight corruption, increase penalties against those who violate the public trust, and give voters more access to the ballot box. From the beginning, I said I would not accept a watered-down approach to cleaning up Albany and that the Legislature must either pass this legislative package or I would empanel an investigative commission tasked with accomplishing these same goals to achieve reform. Since THE LEGISLATURE HAS FAILED TO ACT, today I am formally empanelling a Commission to Investigate Public Corruption pursuant to the Moreland Act and Section 63(8) of the Executive Law that will convene the best minds in law enforcement and public policy from across New York to address weaknesses in the State’s public corruption, election and campaign finance laws, generate transparency and accountability, and restore the public trust.” 

           ...INVESTIGATION #1: the Legislature's "fail[ing] to act..." 
Governor Cuomo's  2013 Program Bills

CJA's FOIL Requests

        Public Trust Act/Program Bill #3 

CJA's July 16, 2013 FOIL request to Governor

CJA's July 25, 2013 e-mail to Governor -- "Subject: Where is the Governor's Acknowledgment of CJA's July 16, 2013 FOIL Request Pertaining to His Program Bill #3: 'Public Trust Act'?"

Governor's July 29, 2013 response

Governor's August 22, 2013 response     indicated website page

  
CJA's July 16, 2013 FOIL request to Senate

Senate's July 25, 2013 response with Guide to Inspection & Copying

CJA's July 25, 2013 reply to Senate -- "Subject: CJA's As-Yet Unresponded-To 2 FOIL Requests to You and Senate Leaders -- July 16 & July 18"

CJA's August 16, 2013 e-mail to Beth Garvey, Counsel/Senate Republican Conference -- Subject: Awaiting Your Written Responses to Our July 16th & July 18th Letters: Gov's Program Bill #3 (Public Trust Act) & His Program Bills #4, #5, #12"

Counsel Garvey's August 16, 2013 e-mail

Governor's August 22, 2013 response     indicated website page

  
CJA's July 16, 2013 FOIL request to Assembly

Assembly's July 23, 2013 response
              Assembly Rule VII
              Public Officers Law Sec. 88
             
Guide to Inspection & Copying of Legislative Records


Program Bills #4, #5, #12

Governor's Program Bill #4 --
Creating Enforcement Counsel at Board of Elections;
Repeal of Wilson-Pakula; Party Enrollment Deadline Change

 
memorandum

Governor's Program Bill #5 --
Voter Registration; Ballot Access; Ballot Simplification

memorandum

Governor's Program Bill #12--
"Campaign Finance Reform Act of 2013"
memorandum

CJA's July 18, 2013 FOIL request to Governor

Governor's July 25, 2013 response 

CJA's July 18, 2013 FOIL request to Senate

Senate's July 25, 2013 response
                     with Guide to Inspection & Copying


CJA's July 25, 2013 reply to Senate -- "Subject: CJA's As-Yet Unresponded-To 2 FOIL Requests to You and Senate Leaders -- July 16 & July 18"

CJA's August 16, 2013 e-mail to Beth Garvey, Counsel/Senate Republican Conference -- Subject: Awaiting Your Written Responses to Our July 16th & July 18th Letters: Gov's Program Bill #3 (Public Trust Act) & His Program Bills #4, #5, #12"

Counsel Garvey's August 16, 2013 e-mail

CJA's July 18, 2013 FOIL request to Assembly

Assembly's July 23, 2013 response     

*     *     *

SUBSEQUENT CORRESPONDENCE
WITH DISTRICT ATTORNEY SOARES'
PUBLIC INTEGRITY UNIT

CJA's August 8, 2013 e-mail & letter to Albany D.A. Public Integrity Chief & U.S. Attorney Hartunian -- "Subject: Request for Meeting on Wed. Aug 14th -- Status of Corruption Complaint & Request for Intervention in CJA v. Cuomo"

CJA's August 13, 2013 e-mail to Albany DA Public Integrity Chief & U.S. Attorney Hartunian -- "Subject: Request for Meeting on Wed. Aug 21st -- Status of Corruption Complaint & Request for Intervention in CJA v. Cuomo"

CJA's August 16, 2013 e-mail to Albany D.A. Public Integrity Chief

August 21, 2012 drop off of documentary substantiation
       -- photo of box of materials at window
 
             -- Contents of box: 
(1) enclosures to April 15, 2013 corruption complaint to US Attorney Bharara & (2) CJA's April 2, 2013 letter to Senate Finance Committee & Assembly Ways & Means Committee -- "GIVING NOTICE:  (1)The Mandatory Statutory Duty of the Legislature's Fiscal Committees to Preserve Evidence, Pursuant to Legislative Law 67; (2) CJA's Request to Testify in Opposition at Next Year's Legislative Hearings on the Budget for Fiscal Year 2014-2015, Pursuant to Legislative Law 32-a"

...

CJA's October 17, 2013 letter to Commission Members & Special Advisors
-- "RE: Follow-Up to September 17, 2013 Testimony
(1) CJA's Unresponded-to August 5, 2013 Letter and Subsequent Correspondence Pertaining to the Commission's Procedures, Rules, Protocol for Conflicts of Interest, and Public Hearings;

(
2) CJA's Unresponded-to July 19, 2013 corruption complaint and intervention request to Commission Member Albany County District Attorney Soares"

...

CJA's November 13, 2013 letter to District Attorney Soares -- "RE:  What are Your Procedures for Handling Public Corruption Complaints? -- & Other Questions that an Unconflicted Commission to Investigate Public Corruption Would Ask"

 ...                  

CJA's November 15, 2013 e-mail to Commission --
"RE:  FOIL Request: Request for Transcript of Commission's October 28th Public Hearing & Other Documents Pertaining to the October 28th Hearing"
         attachments

...

cc: CJA's December 11, 2013 letter --
"RE:
 SAFEGUARDING THE PUBLIC PURSE FROM JUDICIAL FRAUD & LARCENY:..."

...

CJA's January 7, 2014 supplement to the July 19, 2013 corruption complaint --
"RE: '
FOLLOWING THE MONEY': 
         (1) investigating & reporting on the fraud and larceny in the proposed Judiciary and Legislative budgets for fiscal year 2014-2015 presented by CJA’s December 11 and December 30, 2013 letters;
         (2) supplement to CJA’s July 19, 2013 corruption complaint & intervention request.

 

Inquiries to Legislators --

To Senate Minority Leader Andrea Stewart-Cousins:
               -- July 12, 2013 e-mail to her Legislative Director --
                      "Subject:  Follow-Up: Securing a Functioning Legislature"

 "...Insofar as Governor Cuomo's 'Public Trust Act' - his Program Bill #3 - I have examined the Senate Rules and it would appear that Democratic Conference Leader Stewart-Cousins could have introduced the "Public Trust Act'. Here's what Rule VII, Sec.7 entitled 'Program, departmental and agency bills' states:

'Every bill proposed by the Governor, the Attorney General, the Comptroller or by state deparhnents and agencies shall be submitted to the office of the Temporary President and shall be forwarded by the Majority Coalition Leaders for introduction purposes to the appropriate standing committee in accordance with section one of Rule VII. Any such bill which is not so forwarded within three weeks after receipt by the office of the Temporary President shall be offered to the Democratic Conference Leader who may in accordance with section one of Rule VII, forward such bills to any member for introduction purposes.'

Please advise whether, pursuant to Senate Rule VII, Sec.7, Governor Cuomo's 'Public Trust Act' was "offered' to Democratic Conference Leader Stewart-Cousins - and, if not, what steps she took to have it 'offered' so that, 'in accordance with section one of Rule VII', she could have forwarded it 'to any member for introduction purposes', herself included."

     
While waiting for an answer, this is what Majority Leader Stewart-Cousins tells the press in a July 23, 2013 interview by Gannett's Journal News: "Democratic leaders wants 'bad apples out':  Stewart-Cousins 'disappointed' reforms fizzled"  

Editorial Board “How come the legislature could not find common ground on a legislative response to a problem that certainly seems to be damaging the institution?”

Stewart-Cousins:  "Well, that’s certainly a good question.  It’s a question I ask myself because our conference… has been very, very clear about wanting to, and really insisting on ethics reform.  It was the huge, huge elephant in the room...
          Because we have this odd configuration where the Republican-dominated majority coalition did not want to do ethics reform. … The fact is the four members of the IDC…has joined with the Republicans and the relationship that they have disallows anything from getting to the floor that the other group doesn’t agree with.
  So in terms of ethics reform you had the Assembly putting out a package, you had our Senate Democrats putting out a package….  The reality is that even the Independent Democrats put out something, but the Republicans put forward nothing and because the Republicans did not want to put forward ethics reform it was not allowed to come to the floor, so we couldn’t vote on it...

Editorial Board:  …so nothing prevailed.

Stewart-Cousins:   …Nothing prevailed.

*     *     *

May 13, 2009 report: "An Investigation of an Allegation That Herbert Teitelbaum, Executive Director of the Commission on Public Integrity, Inappropriately Disclosed Confidential Commission Information Related to Its Troopergate Investigation and An Investigation of the Appropriateness of the Commission on Public Integrity’s Response Upon Receiving the Allegations Against Its Executive Director"

*     *     *

click here for:
MENU OF CJA's JUDICIAL COMPENSATION WEBPAGES

                        

 

 

 

 

 

 

 

Top

 
CJA Site Search Engine Search CJA

CJA Homepage  •  Latest News  •  Join Us  •  Site Search

 

 

Post Office Box 8101, White Plains, New York 10602
Tel: (914) 421-1200
e-mail: mail@judgewatch.org