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Going Where the Commission to Investigate Public Corruption & Preet Did NOT:

New York's prosecutorial authorities --

New York's 62 District Attorneys,
starting with the 10 district attorney members of the Commission to Investigate Public Corruption -- and the most important among them, Albany County D.A. David Soares

see,
CJA's July 19, 2013 corruption complaint to Albany County District Attorney Soares -- that he's been "sitting on", since that date, aided & abetted by his fellow district attorneys, past and present

"On April 2, 2013 and April 4, 2013, U.S. Attorney for the Southern District of New York Preet Bharara held press conferences announcing the indictments of two sitting members of the New York State Legislature, Senator Malcolm Smith and Assemblyman Eric Stevenson, and the resignation of a third, Assemblyman Nelson Castro.  At the same time, he railed against New York’s 'rampant' and 'pervasive' public corruption, pledging his determination to root it out and urging others to do their part.[fn]

On April 9, 2013, Governor Cuomo responded with his own press conference.  Flanked by five district attorneys – including the President of the District Attorneys Association of the State of New York, Manhattan District Attorney Cyrus Vance, he stated 'Today, we start at the beginning and we start with stricter and more effective criminal deterrents.  Let us affirm and expand a simple fact:  If you are a public official and if you break the law, you will get caught, you will be prosecuted, and you will go to jail' (03:11 mins).  To that end, the Governor announced his 'Public Trust Act', designed to strengthen the ability of New York’s district attorneys to investigate and prosecute public corruption.  In his words, 'Today we propose measures to ensure that all our 62 district attorneys have the proper laws to expeditiously investigate and prosecute public integrity violations.' (at  03:51 mins.)[fn].  

What became of the “Public Trust Act”? – which closed loopholes that gave federal prosecutors the advantage in pursuing public corruption cases; proposed 'three new laws: bribing a public official, scheming to corrupt the government, and failure to report public corruption'; and 'increase[ed] criminal penalties on existing laws in terms of public officials and public acts.' (at 04:04 mins.)  Upon information and belief, not a single legislator opposed the 'Public Trust Act' – or could have opposed it, certainly not publicly.  

We have filed a Freedom of Information Law request to find out.  It appears that notwithstanding the Governor’s declaration: 'I will seek legislative approval this session because we need progress and we need progress now' (at 04:48 mins.), he did not promptly send the 'Public Trust Act' to the Legislature – and when he did, as his Program Bill #3, he so totally failed to shepherd it that it had no Senate or Assembly sponsors, was never introduced in either the Senate or Assembly, and was never assigned a Senate or Assembly number.[fn] 

The Governor made no mention of this, two months later, upon holding a June 11, 2013 press conference, reiterating the 'Public Trust Act' and the key role of district attorneys in investigating and prosecuting public corruption.  He was now flanked by 16 district attorneys and had a letter of the District Attorneys Association of the State of New York, signed by all 62 district attorneys of New York’s 62 counties, addressed to Assembly Speaker Silver, and Senate Majority Coalition Leaders Skelos and Klein, urging enactment of his Program Bill #3. Yet he never revealed that Assembly Speaker Silver and Senate Majority Coalition Leaders Skelos and Klein were withholding his 'Public Trust Act' from legislators to prevent it from being sponsored – which, had he revealed, they could not have done, aborting the legislative process.[fn]  

In any event, the 'Public Trust Act' put the Governor and all 62 New York district attorneys on record that investigating and prosecuting public corruption in this state is the district attorneys’ job.  The Governor’s Moreland Act Commission to Investigate Public Corruption, which he announced at his July 2, 2013 press conference, reinforces this.  Of its 25 members, 10 are current district attorneys, including District Attorney Soares and two of its three co-chairs.

You head District Attorney Soares’ Public Integrity Unit – the most important of all such district attorney units in the state as the state capital is within its geographic jurisdiction.

Consequently, and in keeping with Governor Cuomo’s assertion at his April 9, 2013 press conference that 'when it comes to public integrity, you can’t have enough police officers on the beat, [], you can’t have enough sets of eyes' (at 20:52 mins.), our nonpartisan, nonprofit citizens’ organization, Center for Judicial Accountability, Inc. (CJA), now files with you the same corruption complaint for investigation and prosecution as we filed on April 15, 2013 with U.S. Attorney Bharara.   Indeed, just as the 'Public Trust Act' was the Governor’s response to U.S. Bharara’s April 2, 2013 and April 4, 2013 press conferences, so the April 15, 2013 complaint was our response to those same two press conferences."


STATUS
of the July 19, 2013 conflict-of-interest/corruption complaint? 

 (1)  How Many D.A.s Does It Take to Confront Evidence & Ethical Rules?

(2)  CJA's October 14, 2016 conflict-of-interest/misconduct complaint to New York's Attorney Grievance Committees vs Albany D.A. Soares & NY's Other D.A.s

(3)    CJA's testimony at the Legislature's January 30, 2017 budget hearing on "Local Government Officials/General Government" 
 

                            ASSEMBLY VIDEO   SENATE VIDEO 
  
         (last speaker: at 8 hours-47 mins.)   transcript:  pp. 518-535    

click here for:
CJA's webpage for Jan. 30, 2017 budget hearing,
with LINKS to SUBSTANTIATING PROOF


                      ****************************************************************

 

DISTRICT ATTORNEYS

Manhattan District Attorney Robert Morgenthau (former)

Brooklyn District Attorney Charles Hynes (former)

Manhattan District Attorney Cyrus Vance

 

 

 


 

 

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