DGA

Richard Emery quoted on ethics?

2013-05-21T12:29:00.000-04:00

Bill Hammond has a piece in today's Daily News blaming Shelly Silver for tarnishing ethics in NY You can read it here http://www.nydailynews.com/opinion/shelly-tarnished-article-1.1349560.

Normally I find Bill's work to be very good especially on the subject of ethics. Bill gets it and has for awhile. I'm not arguing with his premise or his facts I think he had it spot on the Shelly appointees blocked an investigation by the Cuomo appointees by using the archaic voting rules to give Biben only one avenue to pursue . . . Lopez. No real news there I blogged about it last September told my readers what would happen and why.

My beef with Bill is one that I think is far too prevelant in the Albany press corps when it comes to ethics. They miss the forest for the trees. In Bill's piece he quotes noted ethicist and former member of that wildly successful ethical panel created by that wildly ethical former governor Elliot Spitzer, Richard Emery. Really? Richard Emery? Are you f*cking kidding me Bill you quote Richard Emery on ethics? How soon you forget. Emery was on the PIC when disgraced former ED Herb Teitelbaum was leaking information about troopergate to former disgraced governor Eliot Spitzer's people. Richard Emery's firm was a registered lobbyist while he was still a commissioner on the panel that regulated lobbyist's you can read it here . . . again http://davidgrandeau.blogspot.com/2011/10/trick-or-treat-old-school-style.html and here http://davidgrandeau.blogspot.com/2011/11/comeon-man.html

Oh and by the way who appointed Emery to the ethics board? irony of irony Malcolm Smith LOLOLOLOLOLOLOL and Emery and his partner Andrew Celli, a Spitzer appointee to ethics represented Smith and the Senate dems in their lawsuit in 2009.

Asking Richard Emery to provide a quote on ethics agencies is like asking Elliot Spitzer to discuss marital fidelity.

And thats the problem with the Albany media and ethics they forget the past to write about the now.

How many editorials about ethics would embaress the media if they ran again with the date they first ran on them its the same sh*t over and over again without any acknowledgement that what the media is calling for doesn't work.

It's time Albany just sacked up and admitted the only way to change ethics in Albany is to keep changing the people until someone makes a mistake and we get a real watchdog.

High Rollers and JJOKE's blind eye

2013-05-16T12:37:00.002-04:00

Now come the followup stories to JJOKE's gropergate report. The one that caught my eye first was the Daily News story by Glenn Blain that referenced an exhibit in the report wherein Lopez's lawyer alleges that Silver settled the case to avoid any further investigation of his own issues with staffers and personal relationships.

That caught my interest for 2 reasons. No not the allegation in this town everyone has heard a rumor about some legislator sleeping with a staff member or lobbyist or intern. Some are true and some aren't. I just heard one about a legislator that took an intern out for Karioke, alcohol and then sex once the intern passed out. The intern woke up to a full time position on the legislator's staff (good double entendre huh?) I happen to think its true and after I research if this particular legislator actually hired his intern I may out him.

The first reason I was interested was I actually like looking at investigative files. Old habits die hard. And I thought for Glenn to find something like this so fast either he is better at it than I am or someone told him where to look. Odds on that are that Milgram reported it to the second floor and they gave Glenn a helping hand. I know I would love for someone to investigate Milgram and leaks . . . hell I'd even like to see someone tell us why Milgram got bounced from the second floor. The rumour is that investigation would look a lot like Gropergate , rumour mind you just a rumour. well it took me about 30 minutes once I knew what to look for its at tab D page 22 footnote 10. Good work Glenn that is some targeted digging you did or an excellent source at JJOKE.

The second reason was the references by one of the women that she enjoyed being treated as a "high roller". Well I've done enough casino gift ban cases to know that when people say high roller they mean freebies, comps, illegal gifts. And sure enough there it was and JJOKE completely missed it. What a bunch of arrogant clueless incompetent clowns. A nine month investigation by the best investigative minds Governor Cuomo has and they blow it. So in the interest of lobby violations for dummies (a new book I'm working on) here it is step by step

Borgata document found at tab U3 showing non gaming comps to Lopez totalling $570.

Borgata is owned by Boyds Gaming

Boyds Gaming pays Malkin & Ross to be a registered lobbyist for Boyds Gaming in New York

That makes Boyds Gaming a client of a registered lobbyist in New York

That makes Boyds Gaming subject to the gift ban found in the Lobby Act

That means the giving of comps (gifts) to Lopez was a violation of the Lobby Act

Said violation is a misdemeanor and is punishible by a fine.

Way to miss the forest for the trees.

JCOPE, Ellen Biben, Janet DiFiore etc etc all these former prosecutors and not one of them could spot a crime if it fell out of the sky landed on their face and wiggled.

Disgraceful

LOPEZ and JJOKE a perfect hook up

2013-05-15T15:13:00.002-04:00

Well the much awaited Lopez report is out. We waited 9 months for this report to be born. I encourage everyone to read it and think about my prediction made on September 12. 2012.

Here is what I predicted
"One: At the end of the day the various investigations into gropergate will conclude that Vito Lopez is a pig, duh.

Two: the various investigations will conclude that the settlement was legal, proper and ethical if poorly handled by all involved, duh.

And Three: the public will conclude that JJOKE is far from an independent watchdog, but rather an attack dog following its masters commands duh."

Now it took me 10 minutes and $0 to reach those conclusions, it took JJOKE 9 months and how much money?

And while JJOKE was chasing Vito look at all the ethics violations that they missed and the feds caught.

And think about all the other violations they have ignored.

Take full credit for the last ethics reform you gave us governor you deserve it I can't wait to see how you do with the second bite at this rotten apple.

De Ja Vu all over again

2013-05-09T08:23:00.002-04:00

Here we go again one ethics official resigns in disgrace after failing to right the sinking ship and we are looking for a new captain for the Titanic of ethics a ship that government has tried to convince us was going to be unsinkable. . . again. And on the heals of more indictments today we learn that the legislature (both republican and democrat, Senate and Assembly) has charged that JCOPE exceeded its authority in Gropergate and wrote a report that went far afield of the questionable subject of JJOKE jurisdiction over sexual harassment in the legislature (for those that read between the lines it basically is saying Cuomo got JJOKE to take a shot at the legislature)

Rather than say the same old thing over and over I'm going to save myself the trouble and just reprint previous blogs on the subjects. Those who do not learn from history are condemned to repeat it. Someone smart said that and I'm too bored with the process to look up who . . . but it's never been more true than when it comes to New York and ethics. Just ask Biben, Ginsberg, Tietelbaum, DiFiore, Chercasky, Feerick, Cuomo, Patterson and Spitzer. Who will be next? Horwitz? I hope not I've been told some of his friends read the blog . . . the old Morganthau mafia is still intact. Anyway here are some thoughts from prior transitions and previous investigations of the investigators (with new comments in bold).

Do it right the first time (from November 2011)

The new Joint Commission on Public Ethics (J-COPE) is supposed to be fully operational by December 12th.

But let’s be real: Two weeks isn’t much time to get organized.

The new commissioners, have to be named soon and they will need all the help they can get. And in that spirit, I offer the following tips:

1. You’ll be in a rush to get going, but first things first. One of the easiest ways you’ll trip up is by failing to disclose everyone’s potential conflicts of interest. Such conflicts are inevitable. In most cases they aren’t a big deal, but before someone (like me) points out the conflicts and they become a news story, do it first along with a plan to address the situation through recusals. The previous ethics agency was riddled with conflicts and it showed, they even had commissioners that were part of lobbying firms. This group expanded the conflict problem by having elected politicians (since resigned to pursue reelection) commissioners hiring relatives, those who got friends and friens of relatives hired, commissioners who failed to disclose their own clients and another executive director with a spouse employed by a registered lobbyist.

2. You are the ones who should name the executive director, not the administration. You won’t be doing yourselves or the Governor any favors if you rubber stamp his selection. Your predecessor commissioners made this mistake and they were all tarnished (Teitebaumed) as a result. And take your time it is the single most important decision you will make as commissioners. The executive director will make or break this new agency.

3. In this same vein, you need to make a clean break with the current E.D., Barry Ginsberg. Keeping him on as an acting or advisory staffer would compromise you. Remember his role in Troopergate – as exposed by the Inspector General, and remember his rogue activities over the last several months when the Public Integrity Commission was supposed to have been suspended. The reason the Public Integrity Commission was a complete failure and embarrassment was the people, Barry represents all that was bad before. No question where Biben came from or how and I hear the governor is trying to do it again. The process should be done in public so that we can tell where the next executive director really came from.

4. There are some good people left at the agency who can form the nucleus of a new team. These individuals want nothing more than to restore the reputation of ethics enforcement in New York. But don’t take Ginsberg’s word on who should be hired or retained. Make your own determination based on an individual’s record. Anyone in a policy making position that did not stand up and try to make the old Public Integrity Commission do the right thing should be let go and quickly. You don't need institutional memory from the top staff, they are the ones that will tell you to do it the wrong way because thats the way they have always done it you need a fresh start and the top staff needs to be terminated before they have a chance to shape policy in a new agency. They didn't listen and looked what happened

5. Most importantly, be open about your official deliberations, and do everything you can to adhere to the clearest and highest standards of law. Your predecessors were a complete joke because they did everything in secret and because they made up the rules as they went along. This isn’t just my opinion. Everyone in the ethics community was shocked by the commission’s actions. You can and must operate differently. I'll be sending you requests for opinions and complaints that heve been ignored by the old regime, that will be my test to see if its a new era of ethics enforcement in Albany or just more rhetoric. They failed miserably

6. And finally listen to the non lawyers on the panel, they have a unique perspective that will serve the new commission well it’s called common sense something most lawyers in government have lost a long time ago. Not a lot of common sense exhibited in the last year

What Cuomo could learn from Spitzer (also November 2011)

We are closing in on the end of the Commission on Public Integrity. (See our handy, dandy count-down clock at the top of the page.)

There’s never been a more ironically named entity. In fact, I think that history might record this experiment in ethics enforcement as the single worst idea of Eliot Spitzer.

Yeah, I think it is actually more egregious than using the state airplane to travel to Washington to bump uglies with a whore.

Think about it. Spitzer’s downfall was a lesson in what? Hubris? Probity? Morality?

Oh, come on. That’s a lot of after-the-fact, holier-than-thou BS.

Spitzer could have survived his sexual indiscretion if he had people willing to defend him. But in the end, he had nobody. He had alienated too many people with too many ill-conceived actions.

This includes me. I lost respect for Spitzer in early 2007. Why? There were functioning state ethics and lobbying panels in early 2007. The system wasn’t perfect, but it was more than passable. In fact, I like to believe that, while I was in charge, there was aggressive and independent enforcement of lobbying laws.

But then Spitzer ushered in the era of Feerick, Teitelbaum and Ginsburg. A short while later New York was a national joke regarding ethics and lobbying enforcement.

Only in New York could a state Commission on Public Integrity become the subject of a scathing report by the state Inspector General for repeated breaches of public integrity.

That was ’08. Fast forward to today, Feerick and Teitelbaum are gone in disgrace, but the third Musketeer is still at it. That’s right, Barry Ginsberg, cited in the Inspector General’s report for his Troopergate transgressions, is carrying on Spitzer’s ethics legacy.

Get this: Since the governor signed legislation abolishing the commission and placing a stop work order on all investigations, discipline and opinions, Barry and the remaining staff have been thumbing their noses at everyone.

Without any authority to do so, they’ve continued actions like auditing lobbyists. They are sending threatening letters and emails to people demanding that they comply with their directives. The only problem, again, is that Barry has no authority. The commission is supposed to be engaged in ministerial duties only -- not enforcement activities.

I know for a fact that Barry and his crew are engaged in such activities because they’ve been harassing some of my clients.

Sooooo, what should be done now? Well, this is Governor Cuomo’s watch, and he needs to do two things.

First, he ought to slam dunk Barry. Enough of his rogue activity. COPI has no authority to act, so Ginsburg’s activities must stop. And any thoughts of providing Barry a soft landing should be shelved, the appearance would be one of buying his silence, let him talk after all what could he say? That he failed to fulfill his responsibilities? Instead he got Barry a job at Tax. . . I wonder why

Second, Cuomo needs to understand the Spitzer lesson. (No, not that lesson.) He needs to fully comprehend that he is responsible for ethics and lobbying enforcement. It’s his legislation, his panel. As such, it is imperative that he picks the right people to staff it, and the right people to sit on the board. Talk about calling your shot . . it's clear that JJOKE is wholly the governors problem and I hate to say I told you so but it was easily predicted. Don't let ethics derail your future governor its time to try something different before those indictments start hitting closer to the second floor it's almost too late

And I know the Governor and the Legislature want to coordinate the naming of their respective appointees to the new panel. But learn from the past, having a big press conference and ceremonial first meeting like Spitzer, Feerick and Teitelbaum did will not solve the problem. It only provides video footage that the media can run every time there is a story about the latest scandal involving the appointees. There is a lot of work to be done in a very short period of time (has anyone thought of what you need to do to build a new agency?) Pick some normal, non lawyer, non controllable ordinary citizens to be commissioners, find a fearless aggressive leader to appoint as the Executive Director and then take the moral high ground and hold them accountable to one commonsense standard of “do the right thing”. Complete failure on this point

As much as I’ve been pressing for action to constitute a new panel, I know that it has to be done right. Hopefully, the governor will appoint qualified people who are truly independent.

Fail to do that governor and you will repeat the Spitzer experience.

And in light of todays revelations regarding Gropergate and JJOKE jurisdiction

Calling All Cars Calling All Cars (from September 2012)

Car 54 where are you?

Now I may be dating myself (does anyone else remember the classic cop show Car 54?) But we’ve reached the point in gropergate that the call to all those with a vested interest in ethics in New York needs to go out.

Recent columns in the Times Union by Fred Lebrun and Casey Seiler have for all intents and purpose put out the call that something very similar to the old troopergate phenomenon is occurring.

We need to investigate the investigators.

On the road to that investigation three things are going to happen.

One: At the end of the day the various investigations into gropergate will conclude that Vito Lopez is a pig, duh. EASY and true double duh

Two: the various investigations will conclude that the settlement was legal, proper and ethical if poorly handled by all involved, duh. Based on todays NYTimes I got this right also

And Three: the public will conclude that JJOKE is far from an independent watchdog, but rather an attack dog following its masters commands duh. God I'm good at this stuff

Now DA Donovan and JJOKE can handle issues one and two but who can do the thorough, complete and wide ranging investigation that is needed to get to the bottom of issue three?

Let’s start by discussing who can’t do it.

Unfortunately the statute gives jurisdiction to investigate the divulging of confidential JCOPE information to the Office of the Inspector General.

Now I know Dick Dadey and the goo goos have said that they (and Jeremy Creelan) couldn’t think of anyone better but with all due respect (if you say that you can follow it with whatever you want) that’s complete horseshit.

They set it up for the Inspector General because the IG works for the Governor, duh.

Everything wrong about gropergate so far can be traced back to the simple fact that the governor has far too much control over JJOKE both in statute, in reality and most importantly in perception.

In this case the problem is made crystal clear in Mr. Lebrun’s column and in Ravi Batra’s rambling prose.

The IG CANNOT investigate leaks at JJOKE that may involve former members of the IG (Biben et al) and the current governors staff that the IG reports to (even the Spitzer minions realized that in troopergate).

But someone needs to investigate. The statute should have been drafted for the AG to investigate leaks from JJOKE (didn’t the AG during troopergate do a good job?) but it wasn’t and because gropergate involves the AG he needs to stay out of this one.

And that brings me back to where I started, calling all cars.

I think we need to hear from the good government groups about what they think. Curiously after filing complaints in gropergate not a peep. I wonder if anyone suggested they file those complaints hmmm maybe that’s why they are so quiet.

I think we need to hear from the governor, he was pretty adamant about JJOKE investigating what happened in gropergate why stop now?

I think we need to hear from ex governor David Patterson. He said he has a lot of experience with ethics agencies leaking. Of course he has a lot of experience with fibbing too so after a second thought no need to hear from Patterson.

I think we need to hear from the JJOKE commissioners past and present. Marvin Jacobs started the ball rolling at the last meeting, don’t stop Marvin keep it rolling demand an internal investigation of the leaks. Even John Feerick did that in troopergate he made every PIC employee sign an affidavit that they did not divulge confidential information, everyone but his executive director who it turns out had a good reason for not signing his since he was the leaker.

I think we need to hear from Ellen Biben. An honest statement that she has not discussed this investigation with anyone outside JJOKE would go a long way to putting this matter to rest . . . if you believe her.

I think we need to hear from Albany County DA David Soares that he will not ignore his jurisdiction over JJOKE leaks. You did a good job in troopergate, , , eventually. Mr. Soares this is not a difficult investigation. Get Biben's emails, text messages and put her under oath let’s see what the facts are.

And I think we need to hear from the Inspector General or the acting Inspector General or someone in that office. Tell us why you can investigate JJOKE and that we can trust you to do it independently.

AND WE DIDN"T HEAR FROM ANY OF THEM BIG SURPRISE HUH?

I guess all I can do is keep transmitting a distress signal “calling all cars”

Huge spike in blog page views this am. I wonder what people were looking for?

2013-05-02T10:11:00.002-04:00

Perhaps my thoughts on Ellen Biben's resignation to pursue other challenges?

I might have to disappoint the readers because if you don't know what I think about Ellen Biben you haven't been reading the blog .

Suffice to say I need to check the ethics hunting laws to find out what the legal limit is for ethics heads. I'm up to six and I gotta believe I'm nearing my legal limit.

Now as to what should happen next here is a roadmap.

They will appoint a search committee (probably controlled by the governor but we can hope for at least an even split between gubanatorial appointees and legislative appointees) who will conduct a national search before selecting another executive director in the mold of Biben Ginsberg and Teitelbaum (and no I don't mean another smart new york city lawyer) I mean someone who knows how to follow orders. That would be a mistake. You don't need to go thru the routine of a fake search followed by the phony press release that, lo and behold, the best person was really someone with close ties to the governor. Try honesty, you should target the person you want and then recruit them to fill the position asap. And that person has to be uncontrollable. If you want my suggestion I would say try to convince Blair Horner to take the job.

After selecting the "best person after the national search" they will ask Biben to help with the transition. Another mistake. Biben has resigned you should ask her to leave today. And she should take everyone she brought in with her. The next person deserves a clean slate to rebuild the agency that Biben wasted a full year destroying. It's like cockroaches its not what they steal its what they touch so no one else wants it ever again.

If you are reading this blog Mr. Horwitz or if the human smokestack John Milgram has sent it to you fire Milgram and then learn from the past mistakes made by John Feerick, Michael Cherkasky and Janet DiFiore the last administration at ethics is not who you should take advice from if they were any good they wouldn't be the last administration.

And for those who are going to say Grandeau just wants the job, I don't. But I would be more than happy to offer EthicsWatch as a solution. Give EthicsWatch 80% of JCOPE's budget and enter into a contract with EthicsWatch to do everything JCOPE does, now you have outsourced the function to a nonpartisan independent organization that will have clearly defined deliverables for services. You can then get rid of all the JCOPE employees and if the job isn't done right you can blame me.

Or don't and I'll just keep hunting because I've learned their is no limit on the number of public officials you can bag on ethics hunting trips.

Now where did I leave my high capacity fully automatic blog?

The Horwitz era begins

2013-04-30T15:14:00.001-04:00

Todays JJOKE meeting marked the start of the new Dan Horwitz era at JCOPE.

It had some ups and some downs. First the downs:

Horwitz said he plans on building on the foundation that Janet DiFiore laid at JJOKE - if you ask me anything built on that foundation should be condemned and quickly.

Horwitz read a statement that at best sounded forced and stilted, he forgot to introduce himself but then again it didn't matter since no one was listining. At worst it sounded like the 2nd floor kabuki dance that it probably was - lets hope Dan takes my advice and starts making himself available to the media for some candid interviews.

Biben was still sitting at the chairs right hand - one can only hope they are actively trying to find a landing spot for Ellen because until she goes JCOPE will be a JJOKE - proof in point Biben announces new gift regulations proud of the fact that nominal is now defined as $10 only problem the statute says food and beverage under $15 is exempt as a gift. So I guess a coffee cup worth $11 is a crime but if you fill it with $3.99 worth of coffee it's ok. Makes a lot of sense doesn't it.

Now for the good

Horwitz did not get a parking ticket.

Horwitz announced what happened in executive session thats a big change from the secretive DiFiore days - of course he did not announce the motions or votes held in the executive session but it's a start and under the open meetings law I can now request the minutes of the executive session under FOIL

But most importantly I will go out on a limb and guess that JCOPE will announce shortly that they voted to notify legislative ethics that if they do not release the Lopez/Silver report 90 days from February 13 2013 JCOPE will do so unilaterly pursuant to statute.

The Dan Horwitz era has begun now the only question I have is when is Biben being shown the door?

Having your cake and eating it too

2013-04-30T09:06:00.000-04:00

The proverb that one can't have cake and eat it too is found thruout different cultures. It is believed to have originated in March 1538 in a message from Thomas, Duke of Norfolk to Thomas Cromwell, as "a man can not have his cake and eate his cake". It is found in almost every language in various forms. In Bulgarian it is "both the wolf is full and the lamb is whole" in Hebrew "you can't eat the cake and keep it whole" in Italian "to have the barrel full and the wife drunk" and even Tamil (whatever that is) "desire to have both the moustache and drink the porridge"

JJOKE's most recent opinion allowing the governor's "domestic partner" to fly on the state's various aircraft proves the point that while the proverb says you can't have your cake and eat it too that doesn't prevent JJOKE from giving it a try.

The opinion greatly expands the definition of "first family" that previous ethics opinions had established when it comes to who gets the benifits available to a governor's first family. In a giant leap from previous opinions JJOKE with the stroke of a pen takes the definition of "domestic partner" from the Health Law and applies it to the Public Officers Law but ONLY with respect to the use of state resources. And the group known as New Yorkers for Constitutional Freedoms jumped on the cake bandwagon and filed a complaint effectively saying if you want to allow the governors "domestic partner" to get the perks of the first family she should have to file a financial disclosure report as well.

Small problem in the world of cake eating. The Public Officers Law has a clear definition for the term "spouse" when it comes to financial disclosure and the governor's "domestic partner" doesn't fall within it. So on its face it looks like JJOKE will be able to keep the barrel full and the wife (or domestic partner) drunk. But not so fast these proverbs exist because they usually are true and the JJOKE opinion is no different.

It's not the disclosure requirements that the New Yorkers for Constitutional Freedoms should be focused on its the opinion. Why would JJOKE search out a definition from the Health Law to apply to the Public Officers Law when that Law already has a clear definition for "spouse"? Further why would JJOKE provide an opinion on a subject that the governor did not request? The complaint that should be filed should be against JJOKE and its staff and commissioners. The opinion grants a benefit to the governor not available to other state employees and I'd be willing to bet did not occur without direction from outside JJOKE. Thought for anyone motivated enough to file a complaint once again it's time to investigate JCOPE. And with JJOKE's former Chair running for election in Westchester someone ought to apply some pressure and find out what she knew and when she knew it when it comes to first families and their perks.

If I was interested in the prosecution of those with mustaches that drink porridge I'd be at the JJOKE meeting today asking the new chair Dan Horwitz to explain how much cake he has eaten lately. Or maybe Ellen Biben can clarify yet again where she walks her wolf and lamb.

As for me it's a simple issue. The governor's "domestic partner" or girlfriend or significant other or best friend with benefits or drinking buddy or live in cook should not be required to file a financial disclosure report anymore than he/she should be allowed to reap the benefits available to the first family. Taken to it's logical conclusion the JJOKE opinion would allow the governor to fly a harem of playboy bunnies or Chippendale male dancers on the states aircraft as long as he considers them to be part of the first family.

Once again JJOKE proves it's more of a burden for this governor than a help. To which I say let them eat cake and off with Biben's head, figurativly of course.

3 easy steps for success as the new chair of JJOKE

2013-04-22T15:51:00.000-04:00

After 16 months DiFiore is stepping down as chairwomen of JJOKE to run for reelection as DA of Westchester County. Whomever runs against her should have plenty of JJOKE ammunition to use in a negative campaign. I'd start by researching the status of all those parking tickets she got in front of the JJOKE offices.

Dan Horwitz is going to replace her and I worry he will make the mistake of saying he wants to build on the foundation that Ms. Difiore established at JJOKE. That is one weak foundation covering a deep pit in the land of ethics. And while no one will believe it I really do want Dan to succede so I'm going to give him my 3 steps for success at JJOKE.

Step 1 - Ask Ellen Biben for her resignation.

Step 2 - try not to view everything thru the lens of a prosecutor. This is a tuff one for those that were prosecutors. It goes against their very instinct. But if you want to be successful it's a must. Think like a media person, you have information to provide the public that's your job the prosecutor stuff will come naturally. And you don't need Milgram fire him and ask Ellen Biben for her resignation.

Step 3 - Ask Ellen Biben for her resignation.

I'll give you a little time to take my advice and I hope you do better than DiFiore, Biben, Ginsberg, Feerick and Teitelbaum did, if not you will be able to read all about it trust me.

Who's wearing a wire?

2013-04-18T09:46:00.000-04:00

With all thats going on in Albany when it comes to "ethics reform" I thought I'd go into the archive and rerun one of my favorite blog postings It's particularly timely and appropriate in todays political environment. From March 12, 2012

We Should All Be Wired

“As the federal probe into city Controller John Liu’s mayoral campaign widens, the embattled Democrat is so politically toxic that bigwig union supporters are afraid to speak with him, source said Thursday.”

“…One union president said he was very nervous to be chatting with Liu – for fear the controller might be wearing a wire.”

This was in Friday’s Daily News. It’s obviously not good for Mr. Liu, but it got me to thinking: What’s the big deal? Why is the concept of being overheard so problematic?

Take me, for instance. What would the Feds find out about me if someone I was talking to was wired?

Well, they’d find out that I’m intemperate at times. I’m judgmental. I use salty language. I’m obsessed with the hypocracy of ethics officials who fail to follow the laws they are supposed to enforce. And they’d find out I’m a wise ass.

No surprise here – as regular readers know well.

This leads me to ask this question: What have the union “bigwigs” been up to that makes them so nervous?

Such excessive concern about being overheard makes me think that there are some real shenanigans going on. What is it? Payoffs? Quid pro quo arrangements?

Now I’m thinking that being wired is a really good thing. Maybe we should all be wired. Let’s wire the lawmakers. Let’s wire the people who raise funds for lawmakers. Let’s wire the lobbyists.

Think of what the world of Albany would be like if everyone was wired.

If everyone was wired I'm sure Albany would be a better place but far less interesting.

Anyone want to guess which Albany lawmaker used his campaign funds to hire a magician . . . twice?

Read the editorials and the quotes to learn how little the media and our public officials understand about corruption

2013-04-09T09:53:00.001-04:00

No surprise the media is full of quotes and editorials on "ETHIC REFORM" again for like the millionth time.

In a moment we will play a new game I have 5 quotes on ethics reform if any reader can identify the party providing the quote and the date it was made I will make them a board member of Ethics Watch Inc. Thats right the IRS just approved Ethics Watch as a 501c3 charity able to accept charitable donations and as a c3 exempt from the JJOKE source of funding disclosures. I'll blog in detail about Ethics Watch shortly but not to put too fine a point on it I'm going hunting and after the last week it's pretty obvious Albany is full of ethical game and I intend to bag my share. . . as soon as I put the 3 extra ethical bullets that my high capacity ethical magazine can accept but which I'm sure will be made illegal under "ETHICS REFORM".

But back to the editorials and quotes.

Every paper has figured out what they think is needed in this latest round of "ETHICS REFORM" with one exception they are, as usual, full of sh*t when it comes to "ETHICS REFORM". Be it campaign finance, cross endorsements or more laws for local prosecutors they are all a day late and an idea short . . except one.

If you have to read one editorial about "ETHICS REFORM" to get an idea of what is needed read Bill Hammond's piece in the Daily News http://www.nydailynews.com/opinion/idea-time-hasn-article-1.1311142

Bill seems to get it. You need to stop the gateway ethical violations if you want to have any hope of draining the ethical swamp that is and has been Albany.

It will not happen overnight and it will not happen with Ellen Biben and JJOKE. It will not happen with a new "ETHICS REFORM" package from the governor. It will take time and a dogged resolve to root out the little ethics violations and we have to start scaring the public officials straight.

Now I want to be clear ITS THE PEOPLE STUPID

And right now Governor Cuomo bears the responsibility for installing and supporting the wrong people. Everyday that JCOPE, Ellen Biben and the rest of the staff and commissioners remain running JCOPE Andrew Cuomo is responsible for Albanys culture of corruption. Don't like it governor? then change it. Man up take responsibility for JJOKE and change it.

Now for the fun part who said the following quotes and when?

"we must restore honor and integrity to government, with tough new ethics standards . . independent investigators to root out and punish corruption"

"we passed ethics reform to restore trust in government"

"everybody ran saying we will clean up Albany - well now you have to do it"

"New York state government used to be a symbol of integrity and performance, but we have lost that standard. To clean up the government and restore trust in New York, we need to pass a new ethics law that mandates transparency and full disclosure as well as a law that calls for a real independent monitor"

"I have repeatedly said that in order to get this state back on the right track, we must end the dysfunction and corruption that has plagued Albany for too long and bring integrity back to the halls of our capital"

I'll give you a hint all of these quotes are at least a year old and the author just recently bragged that Albany's dysfunction is a thing of the past . . . timely huh?

*UPDATE* Here's Ravi Batra's statement about JJOKE

USA PREET BHARARA'S LAMENT REMAINS UNANSWERED IN CASABLANCA.

Excitement over last week’s installment of Preet Bharara’s Political Greed Indictment show caused breathless stories, and many editorials to issue. The editorials, all, use a polite "working-within-the-system" incremental approach to incredulously nudge the corrupt and the corrupters towards integrity and honesty - which then permits the "blind eyes," that USA Bharara lamented as un-indicted co-conspirators, to remain blind to the corruption they tolerate, or worse, cause. The irony is that those who accumulate power speak of reforms, after they have neutered the essential exceptionalism that is America: separated powers regime. To a student in elementary school it is clear - to accumulate power is un-American and the corruption-root. Every kid gets it.

In my near 1-year experience as a member of NYS Joint Commission on Public Ethics, I witnessed the effects of JCOPE’s extra-legal controlled existence, over and above that which was infused into the law that gave it birth defects, resulting in extra-legal activities of JCOPE, inter alia, changing the effective date of PIRA's source funding disclosure to cloak those who gave to a 501c4, with admitted political candidate-coordination equals nothing less than unregulated, excessive and secret donations of "political money" that is tax deductible to boot, and may even permit money laundering of illegal political campaign contributions by foreigners to a "slush fund."

It had been my intention, when I called the Feds in August 2012 to ask for an independent "look-see" of JCOPE, per the MTA principle of citizenship post 9/11 - "See something, say something," to stay on JCOPE and work within the process to help it achieve what the law allowed it to; but hearing two governors on the radio issuing a calculated insult of my independence was, and is, a price too much to bear for serving the public trust in Casablanca. That Moreland Act powers were officially considered earlier in the day to subjugate JCOPE’s left-over independence, not free it of illegal control as I sought Moreland powers to be unleashed for, makes for a great Kabuki play called "Albany." A trademark lawyer would tell you that "Albany" has taken on secondary meaning. USA Preet Bharara intimated as much. DA Joe Hynes ten years ago spoke of the need for "cultural change" if corruption is to be arrested. Preet Bharara said the same thing last week. I heard Preet Bharara’s "But here we go again. Apparently what we’ve got here is a failure to communicate" statement on March 10, 2011 upon indicting Sen. Carl Kruger - one that I recited while officially sitting on both NYS Boards - IOLA, and later, JCOPE- saying I hear USA Bharara loudly and clearly. It didnt matter. The cancer is cellular, and has metastasized.

All one can hope for is that our great USA Preet Bharara will become a cancer surgeon and continue to roll out new installments, albeit, with a quicker drumbeat, and thereby arresting New York’s corruption-cancer such that the body politic has a "ribbon of clean cells" around the political class. Otherwise, Jane and John Q Public who have given up - see our dismal % of registered voters actually voting - will not re-engage with, nor believe in, Lincoln’s government "for the people. "

Before any so-called "reforms" are accepted, let there be a public confession, like Lady Macbeth’s unclean hands seen in public, for the singular reform-pledge broken in, and by, Albany to Mayor Koch - the Independent ReDistricting Pledge - when 10-year Incumbency-Protection Plan was signed into law a year ago to great scripted support of Goo-Goos - Palace Puppies all who roll over and do tricks for their power-masters - is a glaring truth that is Albany.

Public financing can be a great way to rob the public - I recall in November 2003 then DA Bob Morgenthau, the world's District Attorney, prosecuting and a just jury, that looked to the evidence and not reputation in convicting a City Councilman, Sheldon S. Leffler, despite his great witnesses in court, for having his real estate contributor, Ms. Stark, break up her obese $10,000 illegal political contribution into $250 checks and money orders so as to rob the public’s match funds pot.

Our media, driven by a 24 hour news cycle, twitter-length stories, and lack of any time for investigations and deliberation have bankrupted their vital function to protect society from the three branches of government. The Fourth Estate’s reckless speed matches its financial insolvency, while we all see Rome burn and the front pages carry press release-based stories of new laws and "best thing since sliced bread" a la Malcolm Smith. The lack of oversight by the Fourth Estate is the greatest gift to the corrupt and the corrupters - no one is seeing what is in open sight: control-cancer leads to diminishing America’s exceptionalism and threatens to make us a third world Banana Republic.

No less than Thomas Jefferson warned that "eternal vigilance" is the price of liberty. Who will help us be free of phony reforms dished out by "blinded eyes" in Casablanca?

Dated: April 9, 2013
/s/
Ravi Batra

Ellen Biben could not manage a lemonade stand but she is perfect for the joke that is NY's top ethics agency JJOKE at its best

2013-04-05T17:43:00.000-04:00

*UPDATE* So what did JJOKE do when they learned of my having access to the bank account? Did they start to audit the account? Did they review the internal controls? No of course not Instead they blamed a low level staffer and called Key Bank demanding to know all the facts about when I found out How I found out etc I felt like I was being stalked. Instead of wasting state resources trying to find fault with others Ms. Biben just say thankyou and resign. And be very careful about what information you try to bully out of Key Bank about my activities I'd love to accuse you of doing something unethical . . . AGAIN

Does anyone want to know how much money JJOKE has on deposit at Key Bank in account number 325750033665?

It was $29954.98 on Thursday and its $31004.98 as I write the blog.

How could I possibly know this information you might rightly ask?

Have I hacked into the JJOKE computers?

Nope I don't have that expertise and if I did the JJOKE bank account would be way down the list of things I'd want to look at Biben's state Blackberry would be a better choice I'd bet she is using it for non state purposes GATEWAY VIOLATION

Do I have a mole in the JJOKE administrative unit?

Nope not my style and I don't like any of them enough to actually talk to them and if I did the JJOKE bank account would be way down the list of things I'd want to look at I'd want to look at Biben's travel records I'd bet she charged the state for her travels to Albany before the New York City office was opened GATEWAY VIOLATION

So how did I get the information.

Well its actually worse than my just having the information about bank balances I could withdraw those funds anytime I want.

Now I would never do that because I am not a thief and that's not enough money to turn me into one.

I could also put stop payments on any checks written on that account.

I could even freeze the account

I didn't do any of those things much as I wanted to

How is it possible I have those powers?

Because I am an authorized signatory on the Joint Commission on Public Ethics Key Bank account.

There are only two signatories on the account and I am one of them Jeanine Clemente is the other one.

How could that happen?

I asked that same question

And since I was allowed to see the bank records as an authorized signatory I requested and received copies of the latest statements that are being sent to 2 Empire State Plaza suite 1701 (the old Lobby Commission address).

And I found out the account is the JCOPE deposit account being swept into the Office of the State Comptrollers account once a month.

It didn't look like anyone was using the account inappropriately so I checked further and discovered the account was opened in 2004 (back when the Lobby Commission was still in existence) so there was a reason for my name being associated with the account.

I had one last request for Key Bank I wanted to see the signature cards to make sure its my signature.

And then I instructed them to remove me from the account and investigate why I was still on it 5 years after I left an agency that was eliminated.

Still lots of questions for Biben to answer though.

Why would a Lobby Commission account still be used after the agency was abolished?

Why hasn't the address been changed and who is getting the statements at the old address?

Why didn't anyone notice that for over 5 years a nonemployee had access to the account?

Why weren't any of the many executive directors since my position was abolished added to the account to replace me. Tietelbaum, Ginsberg and Biben (thats a real whose not who of ethics huh)?

How many internal controls have you violated by only having one person (Jeanine Clemente) as an authorized signatory who actually works there? Do you realize the potential for misappropriation of funds? There is a very good reason to have two signatories.

I hate to do your job AGAIN Ellen Biben but you better order an audit of this account back to September 2007 and review all the internal controls and then RESIGN

I don't think Biben could manage a lemonade stand much less New Yorks top ethics agency.

Oh you probably want to know how I found all this out.

Thats easy I bank at Key Bank and a 24 year old teller without the sterling resume Biben and Clemente have reviewed my accounts and was sharp enough to realize I HAD NOT HAD ANY CONTACT WITH THIS ACCOUNT FOR THE ENTIRE TIME I HAVE BANKED AT KEY and told me to look into it

Do you think the teller might be the right person to run JJOKE?

Nah she is too talented.

Oh and before you get your shorts in a bunch after finding this information out I immediately notified the bank, a former FBI agent and a former high ranking state employee to make sure I wasn't doing anything wrong and I wasn't but someone at JJOKE probably was and is.

Whom do we blame for New York's political corruption?

2013-04-03T09:56:00.001-04:00

Predictably todays editorials are filled with outrage and shock and dismay and folks being troubled by the arrest of yet another (this time several) New York Public officials on various sundry and sordid corruption charges.

And predictably the good government advocates are doing what they do best and talking about ethics reform (aka ethical masturbation), specifically campaign finance reform as if changing to the New York City model of matching funds would have prevented this latest dive into Albany's ethical morass.

I hate to burst the campaign finance crowds bubble but one of the accused in this latest ethical cluster f*ck is a New York City Councilman. Thats right someone elected under the very same campaign finance reforms that are supposed to be the magic bullet.

ITS THE PEOPLE STUPID

Not the laws, we have plenty

Not the campaign finance system, New York City has not solved the public ethics problem with matching funds by a long shot.

Not more disclosure, the criminals don't disclose their crimes has anyone looked at Joe Bruno's disclosures or Malcom Smiths for that matter.

So who is to blame?

In the most recent case you can certainly blame:

Malcolm Smith, just listen to the tapes the fact that there is a single politician that has not called on Malcolm to resign is a disgrace.

While we are on the subject of resignations how about all the politicians that are expressing shock and dismay and voicing how troubling this episode is hold a press conference and tell us who else they think is involved in corruption. In all my years in government the one thing I learned about politicians is they copy other politicians. Trust me they know who the bad apples are but they will not out them remember there but for the grace of God go I and politicians in glass houses know better than to throw stones. But just once it would be refreshing to see a high level public official actually rat out one of their comrades just once. This isn't the mafia you can tell the authorities when you know about wrongdoing it won't hurt and it might help.

Speaking of authorities I'd be out of character if I didn't heap some blame on JCOPE. What did they have to do with Malcolm you might rightly ask. Nothing thats the point they've done nothing. When you let the streetlights stay broken and don't cleanup the garbage in a neighborhood pretty soon its not safe to walk the streets. JJOKE has had no effect on improving public ethics in New York. I've said it before why doesn't JJOKE use their extensive resources to investigate the abuse of the per diem system. It's an easy investigation. It will bear fruit and it might give some of these crooks pause before they move on to other more extensive forms of corruption. I'll go out on a limb and predict if you looked at per diems more than 1/3 of those collecting them are doing so improperly. Come on JJOKE prove me wrong.

Hell just check Bibens own records for time and attendance and what she has charged the state for in the way of travel before the New York City JJOKE office opened. Ethics starts from the top.

Which brings me to the governor. You can't take credit for cleaning up Albany when it's still a cesspool. Biben is yours, JCOPE is yours, at the end of the day Albany's corruption is happening on your watch

FIX IT

I'm sure you have the talent just put your mind to the problem.

UPDATE since a picture is worth a thousand words a video saves me the trouble of typing a new blog

Here's what I think
http://wnyt.com/article/stories/s2987536.shtml

BTW Ms. Bartoletti I guess campaign finance reform isn't the answer anymore for the goo goos Newsflash the goo goos have become irrelevant on the issue of ethics reform

How to make popcorn

2013-04-02T13:43:00.001-04:00

I walked into the JJOKE offices the other day and the smell of burnt popcorn permeated the building

A little research soon disclosed that the microwave on the 2nd floor had been ruined by the head of the JJOKE education unit.

So recognizing the lack of training at JJOKE and how that is creating serious problems both inside and outside the agency I decided to become proactive

Watch the following

http://www.youtube.com/watch?v=ew2BbyMf52Y

I've now provided more training on the blog than JJOKE has done in the last year.

Not only that but the head of training may actually learn something that could help her do her job without burning down the JJOKE offices and ruining any more microwaves.

Just think if Governor Cuomo's new ethics agency and it's self aggrandizing director, employees and commissioners learn how to make popcorn they may someday be able to solve the rest of the states ethics problems.

No more Malcom Smith issue

No more Lopez issue

No more Libous issue

No more Yoko Ono issue

No more Campaign Finance issue

No more Katz issue

No more Democratic Party lobby ads issue

I could go on and on and on and on and on

But for now I'll just settle for seeing if Biben et al can learn how to make popcorn

Every watchdog/lapdog/attackdog has to be housebroken before you can expect them not to ruin your . . . microwave.

The longer Biben remains in charge of JJOKE the more responsibility the Governor has for the state of ethics in New York.

One last thing I know that JJOKE opened a Buffalo office recently to "serve" the western part of the state but is there any truth to the rumor than an office in Colorado is soon to open? It seems quite a few commissioners and high level employees have been dialing in to meetings apres ski. Ahhh the life of the rich and clueless.

Biben on the way out?

2013-03-20T13:28:00.001-04:00

http://www.nydailynews.com/blogs/dailypolitics/2013/03/senate-gop-looking-to-cut-ethics-commission-funding

I'm hearing the real story behind this move is a deal to remove Ellen Biben as Executive Director of JCOPE.

Well its a good thing I blogged a roadmap yesterday about how JJOKE can cut a million dollars from its spending and thats without closing the New York City and Buffalo offices.

The real problem now is if the funding is restored we have to wonder what the Senate GOP got in return. HMMM I guess Senator Libous has grown tired of swinging from John Milgrams non denial denial ethical lynching tree.

Stay tuned

A monkey could do that job

2013-03-19T10:13:00.000-04:00

Well we can all relax The Artists against Fracking will register as lobbyists . . IF TOLD TO DO SO

Told by whom and why?

This is what happens when Ellen Biben and the rest of the JJOKers fail to perform the job the State of New York is paying them for. And no I'm not talking about being the 2nd floors personal ethical goon squad.

Organizations that should be registered and disclosing their lobbying activity don't because they think they only have to register if someone tells them to.

How far New York's lobby regulators have fallen.

I guess you can't blame Yoko and the rest of the limosine liberal jet setters that get involved in drive by advocacy, anymore than you can blame the camo conservative four wheelers that are flocking to the gun debate. They don't have a clue about what the state's lobby laws require.

And why is that?

Because Biben has wasted over a year pursuing a strategy that basically says JJOKE has no obligation to educate and inform the public about the lobby law. And further JJOKE is too busy being important to focus on lobby registration.

JJOKE's own overpaid mouthpiece John Milgram would not explain for the AP what the lobby law requires when presented with the facts of the Artists against Fracking lobby campaign.

His answer? Go read the law.

Why does the state pay Milgram over $100000 per year to tell people he can't comment and they should read the law.

A monkey could do that job.   No a monkey may be overqualified all you need is a recording on a loop We don't comment We don't comment We don't comment We don't comment We don't comment We don't comment    Easy $100k saved.

But its not Milgram's fault. The JOKE has a director of education and training. She's been on the job for over 9 months, she's a lawyer, she makes close to $100k. And she hasn't trained a soul, she hasn't prepared any online training material. I saw her one presentation to the commission it was in a word awful.

A monkey could do that job. No a monkey may be overqualified all you need is a recording on a loop We don't teach We don't teach We don't teach We don't teach We don't teach We don't teach   Another easy $100k saved.

But its not the education director's fault. The JJOKE has a stable of lawyers all earning close to or more than $100k. Anyone of them could explain the Lobby Act to the media and/or the public. Or can they? I've watched Rob Cohen walk into closets and turn on the mics during executive sessions. And he is suppose to be the best they've got. I've seen the lawyers attempt to explain source of funding it wasn't pretty. They had trouble understanding the basic tenets of filing under the act.

A monkey could do that job. No a monkey may be overqualified all you need is a recording on a loop We don't know We don't know We don't know We don't know We don't know We don't know   Another easy couple of $100k saved.

But it's not the lawyers fault. The JJOKE has a full compliment of investigators who together earn several $100ks. They could have seen what the Artists against Fracking were doing or what any other number of unregistered lobbyist were up to. But they didn't they are all too busy investigating how far Vito Lopez's hand went down that girls pants. It's time consuming to investigate what a pig Vito was. You have to reread everything that the assembly ethics already wrote. You have to reinterview all the witnesses, giving proper deference to those represented by law partners of JJOKE commissioners. You have to be able to prove what everyone already knew VITO IS A PIG.

A monkey could do that job. No a monkey may be overqualified all you need is a recording on a loop We don't care We don't care We don't care We don't care We don't care We don't care   Another easy couple of $100k saved.

But it's not the investigators fault. The JJOKE has an Executive Director. She has been on the job for over a year. She earns over $140000 a year. She is a lawyer with close ties to the 2nd floor. She could explain the Lobby Act, she could direct that training take place, she could insist that educational material be on the web site, she could assign a lawyer to focus on lobbying, she could tell the investigators to keep an eye out for unregistered lobbyists. She could even see the opportunity starting an investigation into the Artists against Fracking would provide to use the media to raise awareness of lobby regulations and improve compliance. She could ask Andrew Cuomo how the investigation into Russel Simmons and the Drop the Rock campaign played out in the media.
At the end of the day it's Ellen Bibens fault that Yoko thinks someone has to tell her group to register.

Unfortunately a monkey CAN NOT do the job of a competent Executive Director for New York's Ethics agency Ellen Biben has proven that point.

On the upside I think a monkey could do the job of being a JJOKE commissioner.

One last comment at the risk of being seen as an arrogant egomaniac let me see if I can help Yoko et al out.

If you spend more than $5000 advocating for passage or defeat of legislation (or maybe even the intended introduction of legislation whatever that means) You need to register and file disclosure reports. The knowing and willful failure to do so may subject you to significant fines (up to $25000 per filing). Your group has clearly met the threshold and is lobbying and should be registered and filing disclosure reports. In July you will have to disclose your source of funding (but don't worry you can lie on the report just ask Susan Lerner and Dick Dadey).

Don't say you were never told to register.

Sex and Drugs and Rock and Roll

2013-03-15T12:21:00.002-04:00

I haven't blogged in over 3 weeks. I just can't muster the outrage to comment on how bad things are in New York when it comes to ethics. It's boring to say over and over again what a joke Ellen Biben's JJOKE is.

It's boring to point out all the missteps and failures of JJOKE since it's creation

But every once in a while something happens that gets my creative juices flowing.

Like Doper Assemblyman Steve Katz getting busted for pot possession.

The blog writes itself.

I may be dating myself but does anyone else remember the song by rock legend Ian Dury (leader of the Blockheads) released on Stiff records SEX AND DRUGS AND ROCK AND ROLL http://www.youtube.com/watch?v=rJjM9lr8nys?

Think about it it should be JJOKE's anthom.

What will JJOKE investigate?
SEX - Vito Lopez and gropergate
DRUGS - Steve Katz and dopergate
ROCK AND ROLL - Yoko Ono and frackergate

JJOKE has done a six month look at sex (but limited to Vito and no meaningful impact on sex in the legislature - redundent) now they can investigate drugs with Katz maybe even hypocracy and I would suggest under this heading take a look at Hikind because he must have been high to pull his knuckelhead blackface move and then wrap it up by investigating Yoko Ono and the Artists against fracking for being unregistered lobbyists.

By the way the Yoko investigation should have been started a while ago. It would be meaningful and have an impact on lobby compliance remember Russel Simmons or Donald Trump? Those where the days. But wait I forgot the gov hasn't decided what to do on fracking so Biben can't investigate pro or con fracking groups. Sit up roll over good lap doggie.

JJOKE to investigate orgys and minstrel shows aka the New York State Legislature

2013-02-26T15:35:00.001-05:00

After exhaustive undercover (no pun intended Vito) research we have learned that JJOKE decided today to investigate Assemblyman Dov Hikind for his recent Purim party.

As we type this blog we are reliably informed that Susan Lerner and Dick Dadey are waiting by the phone for the green light to prepare a complaint to JJOKE about Assemblyman Hikind's use of blackface as a costume.

Once JJOKE receives the complaint they can then ratify the actions taken today after Milgram cut the wire on the webcast and leak a story that a 15 day letter has been sent to Assemblyman Hikind asking him to explain why his tasteless and racially insensitive actions in wearing blackface do not constitute a violation of the Public Officers Law section 74(h) (thats the catchall do as we say not as we do moral high ground part of the ethics law).

Six months of investigation, a ton of staff time to chase down every shred of meaningless evidence, Mr. Hikind's refusal to testify and JJOKE can wrap up this matter and send a report to legislative ethics which will be secret for awhile and then we can await the next case of deviant behavior by a legislator it won't take long trust me.

Now when I started to write this blog my thought was to use the opportunity to show that JJOKE had no more business getting into investigations of racial insensitivity than it did sexual harrasment but the more I think about it . . . why not? Public Officers Law section 74(h) is so broad there is more than enough room to hang Dov Hikind right alongside Vito Lopez. Vito's a pig and Dov is a knucklehead. And even JJOKE should be able to prove that.

Of course while JJOKE fiddles Albany will burn and important integrity issues will go uninvestigated and unpunished.

Thats the state of ethics reform in New York quite an improvement from the old days . . . don't you think?

Shark Fins at JJOKE

2013-02-21T16:24:00.001-05:00

Are those fins we see along Broadway?

Could it be that others are actively hunting JJOKE?

Right on the heals of my conversation with New York Post reporter Carl Campanile, reported here on the blog, a conversation initiated by the Post reporter btw. I've received a call from a former ethics commissioner (thats how I protect Ravi's identity) who told me that a New York Post reporter was asking questions about JJOKE staffers having no show jobs and putting in requests for reimbursement for expenses related to travel to Albany when Albany was the official JJOKE work station (prior to May 15, 2012).

This generated two thoughts in my mind.

First would I be helpful and show this New York Post reporter how to put the pieces together about Biben's working from home for the first three months of her tenure.

The downside of doing so is it would seriously piss off some of my "friends" who are big Biben fans especially if they think I'm the one pushing the story. On that point lets be clear I'm not pushing the story. I did all the research last summer, I have all the documents that prove the allegations against Biben, and I've blogged about it but I'm saving my work in case I decide to do something with it, not for the New York Post AND I told the Biben supporters last year that she had ethical vulnerabilty on this and other issues. They didn't care then after all they are wayyyyyyyyy smarter than I am so this one isn't my fault. When I do the hit on Biben I'll sign my name on the card after I deliver it all wrapped up with a bow.

Second and more importantly for the second time in a week the NEW YORK POST is sniffing around JJOKE and it doesn't appear that they are going to be writing a puff piece with a whole bunch of Dick Dadey and Susan Lerner brown-nosing quotes.

Now I'm not a sophisticated analyst of news related to New York politics but isn't the Post suppose to write flattering prose about all the positive reforms this governor has accomplished including ethics reform ... translated aren't they suppose to kiss Biben's ass?

Whats going on?

Is the Post doing this on their own?

Has someone in the legislature been feeding them unflattering info about Biben in retaliation for the Lopez/Silver leaks?

Or is it the governor's office trying to put a little distance between the governor's sterling record of success with reforms and the stench coming off the dead fish known as JCOPE?

In any event as someone who has been in the water when the shark fins break the surface Biben better hope that the sharks want someone else or pray that a seat opens up in the lifeboat (also known as the lawfirm of . . . nah no point in going swimming in shark infested waters in a raw meat bathing suit)

Hindsight is 20/20

2013-02-19T12:44:00.001-05:00

Hindsight is 20/20

I just received a phone call from New York Post reporter Carl Campanile. He was asking a lot of questions about JJOKE and about one employee in particular, Latitia Tagliafierro. He wanted to know if she was qualified to be the top investigator at JJOKE.

Now I don’t know Ms. Tagliafierro and I told Carl that. But I do know that JJOKE has accomplished little or nothing of substance during its first year and I said that as well. I went further and stated that the top employees at JJOKE cannot be measured on substance because they all are Biben minions who have shown no independent skills to this point (other than Monica Stamm’s ability to whisper in Ellen’s ear and Rob Cohen’s talent for walking into closets and hitting the mute button during executive sessions – time to fess up Rob).

Carl then stated that JJOKE (he said JCOPE but I know JJOKE commissioner’s use the term JJOKE so I think its official) has only had a year to prove itself and they might need more time. I disagreed and said six months of getting up to speed would have been enough for Biben to prove herself. And a warning buzzer went off in my head. I remember blogging about Biben when she was first appointed. When I was trying my best to give her the benefit of the doubt. I remember writing about her time at the IG and that you can’t measure an investigator until investigations have had time to ripen into cases.

So back to the archives I went and found the piece from February 2, 2012. And being someone who can admit his mistakes I thought let me review the piece from the benefit of hindsight. So here you go with commentary in italics:

JCOPE’s New Leadership

I am shocked, not about Ellen Biben’s appointment, that’s a pleasant surprise.

Pleasant like a root canal, proof that it is better to remain silent and be thought a fool than to speak and remove all doubt.

I am shocked that none of the media folks that contacted me today for comment used any of the things I had to say about the appointment.

My ego knows no bounds

So to the extent I can be my own media outlet here is what I think.

Is Ellen Biben a first-rate attorney? Yes, there’s no question about that.

Still can’t argue that point she is a smart lawyer it’s just not the only skill set you need for this job

Can Ellen Biben do the job at JCOPE? Absolutely, she’s proven herself a capable administrator.

How wrong I was about that

Will Ellen Biben be independent? I’d bank on it.

Even more wrong about that fact but that’s on Biben not me

Will she understand the proper role of the state’s top ethics enforcer? I hope so, but I don’t know for sure and only time will tell about this point.

Time has told the story Biben is more Teitelbaum than Hormozi

Let’s drill down on those last two matters:

Will she be independent? This is the concern of some pundits. They think that because she’s a former Cuomo staffer, she must be in the tank. I disagree. Ms. Biben was a career prosecutor who had a life before her association with Andrew Cuomo. She established a rock solid reputation for herself. Is she going to throw that away now and become a hack? No, that’s not going to happen.

It’s happened

(Remember that I was a Joe Bruno appointee. I had great affection for him, but I wasn’t going to let him or anyone else tell me how to do my job. This is the only attitude to have.)

Will Ms. Biben understand the proper role of being E.D. at JCOPE? I’ll break this down into two broad areas:

First, will she be both aggressive and fair? I think she’s proven to be both as IG. Some people may say that there haven’t been a lot of cases advanced by her office, but those who say that don’t understand the lag time between investigation and resolution. Any new IG (or AG) spends his or her first year putting the office in order and launching investigations. Results come later on. In this regard, all the reports I have read indicate that she has done a good job and has earned the respect of her staff. (This alone will set her apart from the Teitelbaums, Cherkaskys, Feericks and Ginsbergs of the world.)

The pundits were right the more I look into it Biben is good at acting like she started working on things but she isn’t much of a finisher. This one is all me I should have done more homework and relied less on the opinion of others. But I have to admit when I first met Biben I was a believer.

Second, does she get the intangible ‘it?” Does she know what JCOPE really is and what it isn’t? I really have my doubts that Janet DiFiore gets it. Yes, Ms. DiFiore is a tough prosecutor, but she thinks she’s running a DA’s office when in Albany.

My fear about the Biben selection is only that as a former prosecutor Ms. Biben will have the same bent as Ms DiFiore. But only time will tell.

Time has told the story take away the quarters in the meter and nanny gate and Biben and DiFiore could be sisters, or mother and daughter.

The fact is JCOPE is a state agency with civil, not criminal authority. Yes, it has investigatory powers. It can hold adjudicatory hearings. And it can fine people. But if it finds something more serious than a violation of public officers’ law, it must refer the matter to other authorities.

The most important function of JCOPE may be to educate people on what they should and shouldn’t be doing in Albany.

Will these two professional prosecutors get that? Or will JCOPE be a Star Chamber, an investigatory body that is not bound by standard evidentiary rules or by direct judicial branch oversight and is free to make arbitrary calls on cases.

My great hope is the Ms. Biben will understand this critical distinction. I believe she will, and that is why I’m willing to give her a chance.

Chance is over Biben and her staff should resign and JJOKE should start over.

DICK DADEY IS A DOPE

2013-02-14T08:52:00.000-05:00

Quickly on the heals of JJOKE's not too subtle tossing of a media hand grenade yesterday came Dick Dadey's press release lauding JJOKE's historic accomplishment.

Now excuse me if I sound cynical Dick but I'd love to see you under oath explaining what prompted that press release and if you coordinated it with anyone in government.

But putting aside for the moment how completely the goo goos have been coopted lets talk about the merits of your praise.

After a six month investigation prompted by a complaint from your sister goo goo prompted by a "suggestion" from the governor prompted by the Assembly's own investigation of Lopez . . JJOKE determines that . . oh my god the assembly investigation was correct Vito Lopez IS a pig.

Now that is indeed historic

I'm not sure any other ethics agency has ever wasted that much time energy and resources to prove something so widely known. It was in a word underwhelming

Now while I have been consistent in saying JJOKE is the wrong entity to investigate sexual harrassment in government, and trust me Vito Lopez isn't the only one, if you are going to get involved do it well.

Did JJOKE investigate sexual harrassment thruout state government Dick?

Did JJOKE investigate why no other agency was able to prevent Mr. Lopez from continuing his behavior?

Did JJOKE investigate all the leaks surrounding the investigation?

And lets think about all the things JJOKE did not investigate while it was busy proving that the Assembly investigation that proved Lopez was a pig six months ago was accurate. HISTORIC

JJOKE did not:

Investigate Boyland's per diems - DiNapoli did

Investigate per diems thruout the legislature

Investigate Shirly Huntley - the feds did

Investigate member item corruption in general

Investigate unregistered lobbying related to fracking

Investigate unregistered lobbying for campaign finance reform - you may be a witness in that one Dick

Investigate unregistered lobbying by the state democratic party in recent television advertisements

Investigate Susan Lerner's Common Cause source of funding disclosure

I could go on and on and I might later today but I thought I'd give you a chance Dick to followup on your press release and tell the public what JJOKE has accomplished in its first year.

Take your time make some calls to the 2nd floor get your story straight and then pray you and I never end up on a panel together talking about "ethics reform"

MILGRAM IS A COMIC GENIUS

2013-02-11T16:55:00.003-05:00

Say what you want about John Milgram's ability as a Public Information Officer.

Say what you want about John Milgram's ability as a reporter (does anyone remember).

Say what you want about John Milgram's ability as a manager (most of the folks that I ask say he is an asshole).

Say what you want about the amount of carcinogens John Milgram is responsible for emitting during a work day.

But don't ever say John Milgram lacks comedic timing.

When it comes to comedy Milgram is the Lenny Bruce of ethics, he is the Richard Pryor of transparency he is the Eddie Murphy of Biben's world of misfit toys, in a word the man is a GENIUS.

The AP's Michael Gormley writes a story today about the "technical glitch" and/or intentional leak at JJOKE and Milgram basically tells Gormley and everyone else that is asking to go fornicate themselves.

And then in a bit worthy of Howard Stern announces a "SPECIAL COMMISSION MEETING" tomorrow without the requisite notice and to rub salt in the public wound says it will NOT be webcast.

I guess they have not rectified that technical glitch.

I've been told Biben and DiFiore refuse to speak if there are any web cameras or mics in the room.

Now my guess is the vast majority of commissioners will be using some form of technology to vote on the Lopez case (oops I leaked my bad) since I doubt they can get 7 live commissioners in that room tommorow.

I hope for Milgram's sanity none of my super secret spy equipment that I have planted thruout the JJOKE office is able to eavesdrop on the meeting.

Or worse than that I hope no one allows Rob Cohen in the meeting with a cloned cell phone, I read the CIA can actually use your cellphone as a microphone without your knowledge.

Or I can save everyone the trouble and just tell you to tune in to the blog after the meeting it should take less than one hour for the world to know that JJOKE found Lopez to be a pig with a violation of subsection (h) that has no penalty, no violation of the Public Officers Law at all by Silver, DiNapoli and Schneiderman but JJOKE is recommending changes in procedures for there offices.

A couple of Commissioner resignations and then we can get back to asking what it is that JJOKE has accomplished in the last year?

No really thats not a joke, what have they done?

I'm serious stop laughing

Damn that Milgram is good.

Odds on Integrity

2013-02-08T14:32:00.001-05:00

If the title sounds familiar it's because I used it on December 2 2011.

Over a full year ago I wrote a blog about William Boyland and per diems.

What a coincidence.

In that blog I wrote that DiNapoli could investigate per diems

What took so long Mr. DiNapoli?

Oh well better late than never I guess.

Here was my actual quote

"Do the mental exercise again. What if all 211 lawmakers were scrutinized for their per diem claims and bundling practices? How many of the lawmakers would have issues?

It’s not often you can bet on a sure thing."

Do you know who else should have investigated per diems?

Duh wtf are you working on Ms. Biben? Your resume?

Of course it might be awkward for JJOKE to investigate per diems since the entire New York City office was collecting their own form of per diems during February, March, April and May when there was no New York City office.

I think this is what Milgram would call a technical problem that has been resolved.

Governor aren't you embarressed by this bunch of clowns?

JJOKE what else do you need to say. The odds on integrity are getting longer all the time

BREAKING NEWS JJOKE NEEDS A NEW CHIEF . . . ECONOMIST

2013-02-07T09:50:00.000-05:00

The Apocolypse has just learned that JJOKE Chief Economist Kitty Kay Chan is out.

We don't know yet who is in.

The Chief Economist is moving to Financial Services.

Do you think she is going to that agency as a pastry chef?

Because Lawsky needs a pastry chef about as much as JJOKE needs a chief economist.

Next stop on the Cuomo underground railroad for Biben?

And for the JJOKErs and Milgram in particular that will spend all day trying to figure out who leaked this information let me help.

Her name is Maria.

She is an assistant chief economist and she told a client that she could not complete an audit because her boss had left and gone to . . . well you know the rest of the story.

Hmmm I wonder did the chief economist put HER books down on the mute button? You may be safe yet Rob.

JJOKE reacts to our criticism

2013-02-02T13:19:00.000-05:00

JJOKE is responding to the blog

I opened the Times Union newspaper this morning and was surprised to see James Odato’s story about the Gaming Association’s source of funding.

The story said that Mr. Odato got the data from JCOPE documents.

And that is what caused my surprise. I wondered how Jim got those documents.

I wondered because I had submitted a FOIL request for those very documents on January 23, 2013 and had not received a response from JJOKE or Milgram much less the documents in question.

I thought maybe Jim had made his own FOIL and Milgram has some relationship with Odato that allowed Jim to get a head start on me and everyone else.

Or maybe Jim had gotten them directly from Feathers (if you don't know who Feathers is this blog might not be for you)because I know that they do have a relationship.

But rather than wonder I called Jim because he and I also have a relationship, sometimes good and sometimes not so good but good enough that I could call and ask, so I did.

And Jim graciously explained that he got the documents from the JJOKE web site.

THE WEBSITE? WOW who would have thought that JJOKE would have responded to the blogs criticism so swiftly?

So a little sheepishly, since I had not looked at the website since Friday morning, I took a look and sure enough there it was . . . 45 clients semiannual reports that include source of funding and 5 that include business relationships.

Now the fun begins, but before I dig into the substance of the reports I thought I’d look at the process to see if it could help me understand what is going on at JJOKE.

So I looked at the report that I had FOILed on January 23, The Gaming Association.

Why hadn’t Milgram provided it?

That was an easy answer the form had not been filed until January 29, 2013 the day of the infamous open mic at JJOKE.

But that means JJOKE had received the form reviewed it and posted it online in 3 days that’s pretty good but it also means that you might expect that every report filed before the 29^th that had source of funding is also available, 45 might very well be all we are going to see or if there are more than 45 that means JJOKE is picking and choosing which forms to make available and when.

Nah they wouldn’t do that would they? Not this bunch. I don’t know, go ask Speaker Silver if they are that calculating in their actions.

Anyway back to the review.

The form says it is an amendment which makes sense because the reason I FOILed it originally is the actual form was filed electronically online and I was able to review it to see that it met the threshold for source of funding.

Now I wonder why did it take Feathers who knows these rules as well as I do 2 weeks to amend? Hmmm? Could it be someone at JJOKE gave him a friendly heads up that the FOIL had been filed?

Sounds paranoid I know but when I first got to the old Lobby Commission in 1995 I was told a story of how the staff at the commission used to hold out paper forms from lobbyists that showed illegal gifts and would call the lobbyist to suggest they “correct” their form before it was available for public review. The person who told me the story is still working at JJOKE in a high level executive position and had and has close ties to the Republican Party and was always my guess of who leaked the Silver/Las Vegas Casino story to Dicker back in the day. A story that involved Feathers by the way.

Or maybe my FOIL got back to Feathers thru some other channel. I didn’t exactly keep my request a secret. So if I helped you avoid a compliance violation Feathers you are welcome. I’ve always liked you even when you and Bruno tried to get me fired. It was always business never personal. . . right?

But as far as the Gaming Association report itself goes no harm no foul.

But then I looked at the list of reports that have been disclosed and lo and behold I see COMMOM CAUSE. Susan Lerner the Caesar’s wife of ethics I have to look at that one.

And it’s even more telling than Feathers report.

To begin with it was received on January 22, 2013 a full week late,

It is signed by Susan Lerner on January 16, 2013 a day after the statutory due date.

It is not marked as an amendment but the word amend is handwritten on it in the box marked for office use which means the commission staff think it’s an amendment.

But if it’s an amendment that means the original report should be available online.

As of this moment (Saturday February 2 at 1 pm) it isn’t.

Why would the commission make the hand written report (amendment) available before the electronic version?

The handwritten form does NOT contain information on who the lobbyist for Common Cause are.

How much they received in compensation.

How much they had in lobbying expenses.

What subjects they lobbied on.

Who they lobbied.

What bill numbers they lobbied.

In short none of the data that is useful in a transparent ethical environment.

It does tell us that Common Cause only had one source of funding, someone named Merck Friedrike who gave them $5000 on December 31, 2012. I think I’d have to call BS on that as a full disclosure that aids the public in the pursuit of transparency.

What it does tell me is that JJOKE is using its total staff resources to get the reports with source of funding on the web asap.

Even if it means reports with meaningful data sit in electronic limbo waiting for review.

On one hand I’m empowered knowing my criticism has such an effect on the clowns at JJOKE on the other hand I wish they could learn to get it right before I have to point out their failures.

Coming soon business relationships or as they are now known the Will Barclay filings.

And by the way Susan Lerner feel free to explain what the hell you are doing when it comes to hypocrisy and ethics. At this rate you could be the next Executive Director of JJOKE.

Time to go FOIL Dick Dadey’s filings.

The missing minutes

2013-01-31T15:24:00.001-05:00

JJOKE TRANSCRIPT

Several of our regular readers have contacted me to complain that the blog about the recent open mic screw-up at JJOKE left them unsatisfied. They wanted more. They wanted to hear what was said in the meeting. And since we pride ourselves on our ability to get to the truth we have spared no expense to obtain a transcript of what occurred.

It took quite a few resources and the use of highly specialized James Bond type spy equipment along with in depth interviews of those in the room and downloading the listening device that we have had in John Milgrams cigarette for the last year to obtain the following transcript.

Not since the missing 18 minutes of the Nixon tapes has so explosive a recording been published

Biben - CLICK unintelligible garble Rob make sure you don’t put your book down on the mute button

Unknown male _ Okay Miss Biben. . I’m not an idiot I know not to turn on the microphone this is a super secret executive session after all

Biben – Okay where were we?

Weissman – You were explaining why

Biben – Shut up when I want the opinion of a legislative appointee I’ll be sure to send you a memo And no you are not allowed to see your mail, sworn complaints or opinion requests unless I let you. Do you understand?

All Legislative appointees – Yes Mamm

Biben – As I was saying we have spent a lot of our valuable time thoroughly examining how we can charge what’s his name?

DiFiore – DiNapoli?

Biben – No the other one

DiIorio – Schneiderman?

Biben – No no the other one the 2^nd floor told us they needed to investigate

Horowitz – Silver

Biben – Right Silver anyway so we’ve spent the last six months trying to use that case against the Assemblyman that couldn’t keep it in his pants

DiFiore – Lopez

Biben – Really? Does it matter what his name is Janet? Don’t you have a parking meter that needs quarters? I didn’t see Grandeau in the audience but that fat **** is probably lurking about somewhere. That’s all we need to end up on his blog for you getting another ticket.

Unknown male – Excuse me Miss Biben but what are these buttons on this box for? They have red lights next to them and a sign that says do not press unless you are an idiot.

Biben – I don’t want to admit that I have no idea what all this technology is so Milgram explain to everyone what these buttons are for

Milgram – off the record I don’t know I think it has to do with the microphones but as long as no one acts like an idiot and plays with the buttons we should be fine what’s the worst that could happen? This is a secret meeting no one will ever know what happens in here.

Biben – Thank you John for that thoughtful and thorough analysis of the issue

Round of applause

Biben – I didn’t see you legislative appointees genuflecting do we need to go over how things work around here again? Do you want to read in the New York Post how corrupt you are? All I need to do is push this button and the whole world can hear how Commissioner Yarasomething or other had a conflict of interest in the Silver case and refused to recuse.

Unknown Commissioner – Actually I believe she said that she thought that Judge Yates was an honorable man

Biben – But that doesn’t fit with our case that Silver violated the Public something or other law. I’m positive the 2^nd floor said this Yates guy has to be corrupt right Monica?

Stamm – whisper whisper

Biben – I forgot that Schechtman represents Yates and he’s our guy right?

Stamm – whisper whisper

Biben – Yes yes quite right if the commissioner doesn’t want to recuse she should keep quiet the less said the better

Laughter

DiFiore – Point well taken or point taken

Biben – Okay Lets vote to find that Silver did something wrong so we can leak the story to the press. I know the six executive appointees vote yes. Renzi? You are a yes right or do I have to have the 2^nd floor threaten your wife’s job again?

Renzi – unintelligible mumble

Biben – Good that’s seven in favor how about you the new girl I don’t know your name you replaced that pain in the ass Batra you vote yes

Silence

Biben – Okay eight in favor that’s enough the vote carries

Jacobs – I don’t want to impose but I think the law says you need three legislatively appointed democrats to vote in favor to move ahead.

Biben – excuse me the law? The law? I am the law around here

Jacobs – Well the truth is

Biben – The truth? YOU CAN”T HANDLE THE TRUTH. The truth is the 2^nd floor wants this and that’s all anyone in New York needs to know.

KNOCK KNOCK whisper rustling sound of footsteps

DiFiore – What John? Speak up stop making those ridiculous hand signals. . What? You want me to stop talking? Why? For Christ’s sake why are you picking up Rob’s books? Leave those buttons alone . . .

There you have it a complete transcript of what happened when the mics were left on.

As always make your own judgments of the accuracy of any material on the blog.