USAO mum on new revelation about Cuomo's e-mail deleting policy

PUBLISHED : TUES, 12 AUG 2014, 11:21 AM
UPDATED : TUES, 12 AUG 2014, 02:41 PM

As Gov. Cuomo was forming the Moreland Commission, he instituted a new policy that would purge state employees' e-mails

Did Gov. Cuomo have something to hide ? In a shocking new report, ProPublica reporter Theodoric Meyer raises new questions about an e-mail deletion policy instituted by the Cuomo administration for state employees. The new policy, rolled out last year, automatically deletes state employees' e-mails after 90 days if they are not deliberately and methodically saved for various reasons. Under new rules for archiving e-mails as records, if state employees don't make the extra, tedious effort to code e-mails under a maze of classification options, then state e-mails are left to be automatically purged, a default move that violates the spirit of government transparency and public records access that are intended to keep elected officials and state government accountable to voters. The revelation of the e-mail deleting policy comes atop of known Cuomo administration paranoia over the use of electronic communications. Two years ago, The New York Times reported that top Cuomo aides routinely communicated with the governor through unarchivable Blackberry PIN messages, to enshroud the work of running the state government's business in secret. In an Orwellian move, the New York State Archives under the Cuomo administration determined that most e-mails "are not records in need of preservation." The timing of the new e-mail deleting policy, announced under a memorandum, which the Cuomo administration kept secret for over one year, is suspect. The memorandum was dated June 18, 2013 -- just two weeks before Gov. Cuomo announced on July 2, 2013 the formation of a corruption-fighting panel named the Moreland Commission. The Moreland commissioners were deputized as assistant attorneys general and were conferred subpoena power to investigate corruption across New York state government. That Cuomo accelerated the state's e-mail deleting policy just as he was launching the doomed Moreland Commission has raised concerns amongst government reform activists. Gov. Cuomo disbanded the Moreland Commission after a host controversies, chief amongst them the coordinated activities by his own top aides to obstruct the investigative work of the Moreland commissioners and their staff, earning the ire of the powerful federal prosecutor, Preet Bharara, the U.S. Attorney for New York's southern district. Mr. Bharara sent a warning letter to Gov. Cuomo after it appeared that Gov. Cuomo was possibly engaging in witness tampering. A press official in Mr. Bharara's office was asked this morning how could voters count on the integrity of the federal investigation into the Cuomo administration's controversial acts that led to the premature closing of the Moreland Commission if Gov. Cuomo instituted a policy of deleting e-mails, but the press official refused to comment.

RELATED Why is the Cuomo Administration Automatically Deleting State Employees’ E-mails ? (ProPublica) New Cuomo e-mail retention policy kills e-mails after 90 days (The Times Union) E-mail retention memo raises new questions about the state's rationale for its deletions policy (ProPublica) Michael Hayes, LMT, has practiced massage for more than 20 years as a licensed massage therapist in New York City. The offices of Flatiron Massage are located in the Flatiron District of Manhattan.

Another campaign consultant tied to Council Speaker Mark-Viverito in still yet another controversy

The Hispanic Federation received more than $830,000 in FY2015 City Council Slush Funds. The charity was founded and is represented by a partner of the MirRam Group political consultanting firm, which is close to Council Speaker Melissa Mark-Viverito.

RELATED Charity tied to New York City Council Speaker Melissa Mark-Viverito quadruples its funding (Crains New York Business) More questions about Melissa Mark-Viverito's campaign finances and her lobbyists (NYC : News & Analysis)

IN THE NEW CITY BUDGET, the New York City Council, headed by Speaker Melissa Mark-Viverito, has steered over $830,000 to a charity with close ties to one of her chief campaign consultants, Crains New York Business reported. The charity, the Hispanic Federation, was founded and is represented by Luis Miranda, a partner of the MirRam Group. The MirRam Group advised Councilmember Mark-Viverito's reelection race for her City Council seat, and it "quietly provided assistance in the midst" of Councilmember Mark-Viverito's speakership race, according to the Crains New York Business report. The disclosure of expenditures of Councilmember Mark-Viverito's speakership race fails to show that the speakership campaign committee ever paid the MirRam Group for their services, an apparently similar arrangement that Councilmember Mark-Viverito's speakership campaign had with The Advance Group. A potential conflict of interest comes to the fore with respect to the City Council allocation of slush funds to the Hispanic Federation in that the MirRam Group lobbied the City Council, including Speaker Mark-Viverito, for the funding. Moreover, the large allocation to the Hispanic Federation may invoke "veal pen" concerns. The Hispanic Federation is a fund of funds-type structure, which means it uses its resources to fund other Hispanic charities. Will the Hispanic Federation only fund groups that express their loyalty to Speaker Mark-Viverito ? Furthermore, the slush fund allocation to the Hispanic Federation has a potential to move circuitously back to the MirRam Group, according to the Crains New York Business article. The Hispanic Federation retains the MirRam Group on an $8,500 monthly arrangement. Over the years, the Hispanic Federation has paid over $600,000 to the MirRam Group and to another firm "registered to Mr. Miranda and his wife," according to a 2012 report by The New York Post. The circuitous flow of slush funds that "pass through" charities and into the pockets of lobbyists with close ties to the Council Speaker. Former Speaker Christine Quinn began earmarking slush funds to the High Line park before she became Council Speaker, and those and other budget allocations overlapped with the High Line park retaining the lobbying services of Bolton-St. Johns, a firm headed by former Speaker Quinn's best friend, Emily Giske. To close the circuitous loop of money, real estate developers, who stood to make tens of millions of dollars, if not more, from the gentrification that the High Line park ushered in, turned around and made large campaign contributions to Speaker Quinn's campaign committee accounts. For years, good government groups have asked that the City Council slush funds either be eliminated entirely or to be reformed to prevent the politicization of the controversial budget allocations, so that there are no pay-to-play, conflicts of interest, or quid pro quo aspects to how the slush funds are divided up by the Council Speaker. Now that Crains New York Business has brought the role of campaign consultants to the fore, the city's Campaign Finance Board and the Department of Investigation must investigate the appearances of corruption. If the potential established pattern of criminality in these cases consist of violations of local or state law but involve the investigation and prosecution of significant political or government individuals, who may pose special problems for the local prosecutor, then federal prosecutors must lead the charge.

Charles Hynes Used Seized Drug Money To Pay Campaign Consultant

If the former Brooklyn D.A. was improperly using money seized from drug dealers and other criminals to pay a political consultant, what does that say about the political consultants he paid through his campaign committee ?

The disgraced former Brooklyn District Attorney Charles Hynes is accused of paying the consultant Mortimer Matz over $200,000 in payments from the seized money from drug dealers and other criminals. By law, the seized money controlled by the district attorney's office can only be used for law enforcement purposes, The New York Times reported.

Since Mr. Hynes's campaign activities were benefiting from the political consultations being paid for by these illegals payments, Mr. Hynes was not just allegedly engaging in public corruption, but he may have also been engaging in campaign finance corruption by failing to declare these illegal services to the state's Board of Elections.

Hynes's campaign committee paid over $600,000 to The Advance Group.

Select Schedule F reports filed in 2013 by Mr. Hynes' official campaign committee with the Board of Elections show that Mr. Hynes' use of seized drug money to pay Mr. Matz allowed his campaign committee to make rich payments to still yet other political consultants. For instance, The Advance Group, a lobbying and political campaign consulting firm operated by Scott Levenson, who is already facing multiple investigations into electioneering and campaign finance improprieties, was paid over $600,000 in declared consulting and campaign mailing expenditures from Mr. Hynes' campaign committee in 2013. Will the illegal use of seized money for campaign activities render a shroud of criminal scrutiny on Mr. Hynes' political campaign committee expenditures ?

• RELATED : Ex-Brooklyn Prosecutor Charles J. Hynes Accused of Misuse of Funds (The New York Times)

If it is possible for one of New York City's district attorneys to dip into the seized criminal assets for political campaign spending, does that mean that the city's other powerful district attorneys, including Cy Vance, will be investigated, too ?

2014-XX-XX Charles Hynes - NYC Department of Investigation Misconduct Report

2013-07-Xx Charles Hynes - Nysboe July Periodic Report - Schedule f Expenditures

2013-01-Xx Charles Hynes - Nysboe January Periodic Report - Schedule f Expenditures

2013-XX-XX Charles Hynes - NYSBOE 32 DAY PRE PRIMARY - Schedule F Expenditures

2013-XX-XX Charles Hynes - NYSBOE 11 DAY PRE PRIMARY - Schedule F Expenditures

2013-Xx-xx Charles Hynes - Nysboe 10 Day Post Primary - Schedule f Expenditures