Tuesday, October 18, 2016

A novel defense invented by a Cuomo lobbyist - that's my bribe, and you ain't getting it back

Recently, U.S. Assistant Attorney General Preet Bharara charged several business people, lobbyists and public employees (or former public employees) close to Andrew Cuomo, but not Andrew Cuomo himself, in yet another public corruption scandal.

One of those charged, lobbyist Todd Howe, pled guilty to corruption charges and is cooperating with the prosecution.

At that point, the Cor Corporation had nothing better to think of than to sue Todd Howe to return to Cor Corporation $85,000 as if it was a loan.  Maybe, the Cor Corporation was trying to elicit from Todd Howe the contents of his secret plea deal with the prosecution through this litigation, but generally, such a move, filing a civil lawsuit about the same occurrence as a pending criminal proceeding, is dangerous and ill-advised.

Todd Howe already pled guilty to corruption, and, the Cor Corporation executives have a right to remain silent in the criminal proceedings, in a civil proceeding started against Todd Howe, Cor Corporation executives have no right to remain silent - so I wonder about the "wisdom" of even starting such a lawsuit.

The lawsuit claimed the $85,000 was a loan given by the Cor Corporation to Andrew Cuomo's lobbyist Todd Howe.

To make the bizarre lawsuit even more bizarre, Todd Howe's lawyers came up with a "brilliant" and "novel" defense - it wasn't a loan, it was meant as a bribe, and thus Todd Howe is keeping the $85,000.

Great, isn't it?

First, the U.S. Supreme Court - after the previous, successful trial of corrupt public officials in New York - changes the rules on public corruption, making bribing public officials much easier than before. 

Now, a lobbyist pled guilty in order to get a lenient sentence, and is keeping the loot, adamantly acknowledging it as being the loot and a bribe received in a conspiracy scheme to deprive the public of honest services of a public official (Governor Andrew Cuomo).

Shame does not play a role in these schemes.

Only money, connections and keeping the right people out of the reach of the "rule of law" matter.

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