POL Pol/Crime: Guilty Verdict Is a Spur to Would-Be Reformers of Albany’s Political Culture

Housecarl

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http://www.nytimes.com/2015/12/01/n...ormers-of-albanys-political-culture.html?_r=0

N.Y. / Region

Guilty Verdict Is a Spur to Would-Be Reformers of Albany’s Political Culture

By ALEXANDER BURNS and JESSE McKinley
NOV. 30, 2015

The political culture of Albany was wielded as a shield in Sheldon Silver’s defense: If Mr. Silver, the former State Assembly speaker, wrapped himself in financial conflicts of interest and collected millions of dollars in outside income, his lawyers argued, that did not make him a criminal.

“That is the system New York has chosen,” one defense lawyer said.

With Mr. Silver’s conviction on Monday, a federal jury rejected that argument, bringing one of the state’s most enduring political careers to a humiliating end, stripping Mr. Silver of the legislative seat he had held since Abraham D. Beame was mayor of New York.

Less certain than Mr. Silver’s downfall, however, are the implications of his conviction in Albany.

Albany on Trial

After a decade in which the state capital was rocked by a seemingly endless barrage of scandals and arrests involving officeholders, a former legislative leader was found guilty this week in a federal corruption trial. The corruption trial of another former state leader is in its third week.


Jury Returning in Sheldon Silver Trial NOV 30

Colleagues Ponder Sheldon Silver’s Role in Albany if He Is Acquitted NOV 26

Sheldon Silver Trial Jury Stops for Thanksgiving; Deliberations to Resume Next Week NOV 25

Raise for Skelos’s Son Was Tied to Contract, C.E.O. Says NOV 24

Two Hours Into Deliberations, a Juror in the Sheldon Silver Trial Wants Out NOV 24


Government-watchdog groups expressed optimism Monday that the conviction would serve as a spur for a more aggressive round of action, perhaps targeting legislators’ income or the so-called L.L.C. loophole, which allows large unfettered contributions to political campaigns.

At the very least, advocates predicted, the verdict could have a chilling effect on legislators, who might previously have embraced tacit quid-pro-quo arrangements of the kind that led to Mr. Silver’s conviction.

Attorney General Eric T. Schneiderman, who campaigned for stringent ethics legislation earlier this year, said that a stark choice confronted Albany.

“There are only two paths forward,” Mr. Schneiderman said in a statement. “More scandals, more prosecutions and the further erosion of public confidence; or real, transformational reform that deters and actually prevents corruption in the first place.”

The New York Public Interest Research Group called on Gov. Andrew M. Cuomo to convene a special session of the Legislature dedicated to ethics reform.

Mr. Cuomo said late Monday that “justice was served.”

“With the allegations proven, it is time for the Legislature to take seriously the need for reform,” he said in a statement. “There will be zero tolerance for the violation of the public trust in New York.”

The pressure for new action on ethics may only increase in the coming months: Political strategists in both parties expect government corruption to be a major electoral issue in 2016, when control of the State Senate is up for grabs.

Dean G. Skelos, the former Republican leader of the State Senate, and his son, Adam, are currently on trial on corruption charges, in a case that experts consider more straightforward than the one against Mr. Silver, a Democrat.

A guilty verdict against Mr. Skelos would add to the anti-Albany drumbeat heading into the election year.

For Mr. Silver’s Assembly colleagues, the verdict was almost surreal in its finality. His indictment in January exposed an ethical lapse in Mr. Silver’s handling of the speakership, but more than a few privately doubted that he had done anything illegal. In the final days of the trial, lawmakers mused about how Mr. Silver might seek to wield power in Albany again, should he be exonerated.

Mr. Silver himself seemed to exude a subdued confidence throughout the proceedings, repeatedly telling reporters that his name would be cleared in the end.

Assemblyman Joseph R. Lentol, the longtime Brooklyn Democrat and colleague of Mr. Silver, expressed dismay at the verdict — “It’s a sad day” — saying he had initially believed that the speaker’s behavior, while unpalatable, was not necessarily criminal.

But on Monday, as Mr. Silver’s name was scrubbed from the Assembly website and removed from his office door, the reality of a Silver-less Assembly had seemingly dawned. Mr. Lentol called it a “body blow” to Albany’s lower chamber.

“It hurts all of us,” Mr. Lentol said, adding, “I still feel it is a noble profession that I practice and, when it’s done correctly, it’s a reward all unto itself.”

Mr. Lentol also said he believed the verdict would increase pressure for campaign finance reform, an idea he said he supported, though he admitted it would be a challenge to correct the system. “Money seems to be the root of all of the evil in politics,” he said.

Even before the trial, Mr. Silver’s name was synonymous with a system of state government that is widely seen as defined by secrecy and awash in lightly regulated money.

But that system has survived stiff challenges before, including a drive for ethics reform this year, in the aftermath of back-to-back corruption indictments against Mr. Silver and Mr. Skelos.

That push encountered powerful resistance, and produced only incremental new ethics laws that enhanced some forms of financial disclosure for lawmakers taking outside income.

More junior members of the Assembly suggested that Mr. Silver’s conviction would give those efforts more momentum. Assemblyman Todd Kaminsky, a freshman Democrat from Long Island and former federal corruption prosecutor, framed the conviction as a call to arms, saying “serious, swift action must be taken.”

“The bell could not be ringing louder for real reform in Albany than it is right now,” said Mr. Kaminsky, who is viewed as a potential candidate for Mr. Skelos’s Senate seat.

Michael Blake, a freshman Democrat from the Bronx and one of a group of younger members who had seized on Mr. Silver’s ouster as a transformative moment for the Assembly, said that justice was “definitely served” on Monday.

Mr. Silver’s conviction, he said, should be the next step in Albany’s evolution toward a less fetid Legislature.

“There’s an opportunity that’s there now for a new direction,” he said.

Alex Vadukul contributed reporting.


Follow The New York Times’s Metro coverage on Facebook and Twitter, and sign up for the New York Today newsletter.

A version of this article appears in print on December 1, 2015, on page A24 of the New York edition with the headline: Verdict Is a Spur to Would-Be Reformers of Albany’s Political Culture.
 

Housecarl

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http://www.nydailynews.com/opinion/editorial-sheldon-silver-accomplices-article-1.2450896

Sheldon Silver’s accomplices: What the former speaker's guilty verdict reveals about the culture of New York's Capitol

NEW YORK DAILY NEWS / Monday, November 30, 2015, 7:03 PM

Raise your glasses, ladies and gentlemen of New York, and toast the jury that convicted Sheldon Silver of corruption after stunningly brief deliberations. The label of felon is affixed to the once-mighty man in a citizens’ exercise of truth-telling that is sweet and joyous and, in its limitations, sorrowful.

The jury’s verdict against the former Assembly speaker rid New York’s political culture of its most virulent and resistant bacterium. For, until his indictment, Silver had long been a pathogen who infected governing with anti-democratic abuses.

There is satisfaction in knowing that the big, fake tough guy will likely live behind bars for a substantial portion of the time he has left before senescence and frailty set in.

Silver deserves every second of the powerlessness that is a torment of imprisonment, along with the pain of searing regrets — if, that is, he is capable of coming to terms with the arrogance that brought him ruination.

U.S. Attorney Preet Bharara, his assistants and the FBI did a high service in revealing which species of crimes Silver was committing — at a time when everyone in Albany knew to a moral certainty that the speaker was betraying the public trust and rigging the game to hide his predations.

SHELDON SILVER GUILTY OF ALL 7 CORRUPTION CHARGES

Still, justice is incomplete. There is sadness in that the letters of the law prohibit naming virtually the entire Assembly Democratic caucus as co-conspirators to Silver’s corruption.

They enabled him by vesting Silver with their proxies to do essentially whatever he wanted when the Legislature was in session. “Nothing happens without me,” he once told this Editorial Board, stating only the obvious.

Assembly members didn’t have to work. They didn’t have to think. They only had to do as they were told in the name of their caucus, including faithfully voting on bills they had never read. Under Silver’s leadership, the Legislature was rated America’s worst.

His trial contained few new revelations, because Bharara had spelled out the case in detail in the criminal complaint in January. Now, look back and remember how Silver’s Democratic colleagues struggled to keep him as leader after reading the document.

Even after Bharara persuasively declared in the complaint that the charges “go to the very core of what ails Albany,” including a “lack of transparency, lack of accountability and lack of principle, joined with an overabundance of greed, cronyism and self-dealing,” it took a public outcry to force Silver’s ouster after almost a week.

Manhattan underboss Assemblyman Richard Gottfried, who has spent four conscience-withering decades in the Assembly, went so far as to describe Silver as a hero. Consigliere Assemblywoman Deborah Glick proclaimed that Silver has been “upholding Democratic principles in this state.”

LOVETT: SHELDON SILVER'S CONVICTION HUGE BLOW TO ALBANY

Better for them, Silver rewarded members who knelt to him with money for their districts. That became the yardstick for success, not the drafting or passage of important legislation. As long as they got their funds, they were happy to have Silver as dictator.

Even as he protected sex-harasser Vito Lopez and covered up ethics investigations.

Even as he created a pot of secret funding for clandestine disbursement, money that was used in his bribery plot.

Even as he rigged creation of a state ethics commission to prevent the panel from examining his personal dealings.

Even as he refused to explain why a law firm was paying him hundreds of thousands of dollars a year — money that turned out to be part of his bribery plot.

Because Silver knew better than to directly extort money, he separated his actions and his payoffs and then offered the wildly unsuccessful defense that he had simply engaged in politics the New York way and so had committed no crimes.

Yes, indeed, Silver had done business the New York way. Yes, indeed, he had exploited a system he created, a system blessed and defended by Gottfried and Glick, and by Silver’s successor as speaker, Carl Heastie, and by every other pliant member of the Assembly.

They enabled him. They aided and abetted him. And, they, too, are guilty.
 

Housecarl

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For links see article source.....
Posted for fair use.....
http://www.wsj.com/articles/sheldon-silver-conviction-shakes-albany-1448936770

U.S. | New York | NY Politics

Sheldon Silver Conviction Shakes Albany

Verdict for former New York Assembly speaker has legislators predicting an overhaul of state government

By Erica Orden And Mike Vilensky
Updated Nov. 30, 2015 9:37 p.m. ET
25 COMMENTS

Sheldon Silver’s conviction Monday in one of New York’s highest-profile public-corruption cases in decades could signal a shift in the business of Albany and spark further investigations of a capital with a long-standing reputation for questionable conduct.

The Democratic speaker of the state Assembly for more than 20 years, Mr. Silver was found guilty by a 12-person federal jury in Manhattan of four counts of honest-services fraud, two counts of extortion and one count of money laundering.

At the heart of the case was the question of whether procedures and conduct that are commonplace to Albany are, in fact, a violation of the law, or whether they are simply the perhaps objectionable but also unavoidable consequence of having a part-time Legislature.

As one of Mr. Silver’s defense attorneys, Justin Shur, put it during proceedings: “Throughout this trial, the government has pointed to things that have gone on in Albany which [are] standard practices in terms of how grants are reviewed, in terms of how member items are allocated, and suggested that they’re improper.”

The jury decided those actions and others taken by Mr. Silver were illegal, bringing an end to his lengthy political career.

Albany, roiled by Mr. Silver’s arrest in January, now faces a crisis of conscience on whether and how to respond to the conviction of someone who dominated state politics as long as most legislators or anyone in New York’s political orbit can remember.

For many legislators—and perhaps for Gov. Andrew Cuomo, a Democrat who took office in 2011 vowing to overhaul ethics in Albany—the conviction is a sign that the capital long derided as a “cesspool” will still be under pressure to change its ways.

The trials of both Mr. Silver and Sen. Dean Skelos, also facing corruption charges, “have to be seen as an indictment of how the Legislature has been doing business,” said Sen. Liz Krueger, a Manhattan Democrat.

“The bell could not be ringing louder for real reform in Albany,” said Assemblyman Todd Kaminsky, himself a former federal prosecutor. “The Silver case highlighted in stark detail the gaps in our law and the agenda we must now undertake.”

But Mel Miller, who served as Assembly speaker until he was convicted on fraud charges that were later overturned, said the conviction isn’t guaranteed to shake up the Legislature.

“Institutions are much bigger than individuals,” he said.

More on Sheldon Silver’s Trial

Former Assembly Speaker Silver Found Guilty
Silver Leaves a Complicated Legacy
Judge in Silver Trial Delivers Speed, Levity (Nov. 29)
Cuomo Is on Exhibit in Lawmakers’ Trials (Nov. 29)
Jury to Resume Deliberations After Thanksgiving (Nov. 25)
Juror in Silver Trial Asks to Be Excused (Nov. 24)
Sheldon Silver Trial Ends: Politics as Usual Or Criminal Acts? (Nov. 23)
Defense Won’t Call Any Witnesses (Nov. 18)
At Sheldon Silver’s Trial, an Argument About Albany (Nov. 17)
Lobbyist Testifies Glenwood Chief Kept Silver’s Name off Retainer (Nov. 16)
Real-Estate Lobbyist Explains Call With Assemblyman Sheldon Silver (Nov. 13)
Trial Focuses on Sheldon Silver’s Referral-Fee Deal (Nov. 12)
In the Courtroom, Sheldon Silver Shows a Happy Face (Nov. 11)
Attorney Testifies About Sheldon Silver’s Perks (Nov. 10)
Testimony Turns to State Grants (Nov. 5)
At Silver’s Trial, Witness Cites ‘Pattern’ of Referrals (Nov. 4)
Opening Statements Heard in N.Y. Assemblyman Sheldon Silver’s Trial (Nov. 3)
Jury Selection Begins for Sheldon Silver Trial (Nov. 2)
Albany Braces for Corruption Trials (Oct. 27)
.
On Monday, hours after Mr. Silver’s verdict, Mr. Cuomo said in a statement that “it is time for the Legislature to take seriously the need for reform. There will be zero tolerance for the violation of the public trust in New York.”

Manhattan U.S. Attorney Preet Bharara’s prosecutors used the Silver case to expose the consolidation of the speaker’s political power and his ability to exploit a part-time Legislature to line his pockets.

Behind his legislative success, they said, were quid-pro-quo schemes that used his political might to earn him millions in private gain. While serving as speaker, the jury found, Mr. Silver conducted dual plots: In one, he directed $500,000 in state grants to the research of an oncologist, Robert Taub, in exchange for patient referrals that earned Mr. Silver fees from the law firm of Weitz & Luxenberg PC.

In the other, he allegedly negotiated state tax breaks favorable to Glenwood Management Corp., a developer and major political donor, while steering its tax certiorari business to another law firm, Goldberg & Iryami PC, that also paid Mr. Silver referral fees.

Over the years, the two schemes netted Mr. Silver about $4 million in illegal gains.

The defense sought to promote the idea that conflicts of interest in the capital are so pervasive as to be virtually inescapable.

But prosecutors urged the jury to reject the notion that because Mr. Silver’s behavior wasn’t unique, it wasn’t illicit.

“This, ladies and gentlemen, was bribery,” Assistant U.S. Attorney Andrew Goldstein said in his closing argument. “This was extortion. This was corruption. The real deal. Do not let it stand.”


We Want to Hear From You

Have something to say about an article in Greater New York? Email us, along with your contact information, at gnyltrs@wsj.com. Letters will be edited for brevity and clarity. Please include your city and state.
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Jury deliberations, which lasted roughly two and a half days, were anything but straightforward.

Less than two hours after they began last week, one juror sent a panicked note to U.S. District Judge Valerie Caproni asking to be excused, saying she was stressed and disagreeing with the other jurors.

On Monday, another juror, Kenneth Graham, asked to be excused, saying he was a taxi driver whose medallion owner was acquainted with Mr. Silver and was thus faced with a conflict of interest. Judge Caproni didn’t excuse either juror.

The jury panel was composed of eight women and four men.

Mr. Graham, 69 years old, said there were “a lot of holdouts” on the panel, but in response to a question about whether it was clear-cut that Mr. Silver was guilty said: “I believe so.”

Mr. Silver faces up to 20 years in prison. “I’m disappointed right now,” he said as he left the courthouse. Mr. Silver’s attorney Steven Molo said he would appeal the verdict.

Arleen Phillips, a 53-year-old technician from Mount Vernon who identified herself as the first juror who asked to be dismissed, said she was the lone holdout from the beginning, the only one who thought Mr. Silver wasn’t guilty.

“I felt that the fact that he gave money as a grant was goodwill. I didn’t feel that there was any scheming or manipulation or anything dangerous in that,” she said.

Ms. Phillips said that what changed her mind on Monday was evidence concerning Mr. Silver’s annual financial disclosure forms, on which he omitted income from the Goldberg firm. Even so, the vagaries of Albany caused her to hold on to her doubts.

“It’s still a gray area for me as far as what an assemblyman is entitled or not entitled to,” she said. “But the evidence that I looked at, I think, spoke for me.”

Though a sentencing date hasn’t been announced, less than an hour after the verdict, Mr. Silver’s name was removed from his former office at the Capitol, and his photo, biography and other traces of him were scrubbed from the Assembly’s website. His conviction triggered his automatic expulsion.

Perhaps the only individual for whom the verdict is more meaningful than Mr. Silver is Mr. Bharara, who attended nearly every day of the trial proceedings, sitting in the courtroom for more than eight hours of closing arguments and appearing again just before the verdict was read.

In a statement released after the verdict, Mr. Bharara said: “Today, Sheldon Silver got justice, and at long last, so did the people of New York.”

David Lat, a legal analyst for the website Above the Law and a former prosecutor for then-U.S. Attorney Chris Christie, said Mr. Silver’s conviction would burnish Mr. Bharara’s reputation beyond the courtroom.

“If Preet Bharara is interested in running for office, having the scalp of Sheldon Silver would be quite a nice trophy.”

—Thomas MacMillan and Mark Morales contributed
to this article.

Write to Erica Orden at erica.orden@wsj.com
 

Housecarl

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Posted for fair use.....
http://www.timesunion.com/local/article/Silver-corruption-conviction-puts-onus-on-Cuomo-6666458.php

Silver corruption conviction puts onus on Cuomo to face ethics issue

Latest corruption case puts onus on him to face issue

By Casey Seiler
Published 11:49 pm, Monday, November 30, 2015

Albany

For the first time since 1977, the state Assembly will convene a legislative session without Sheldon Silver. Instead, the slow-walking, low-talking owl who endured for two decades as one of Albany's all-powerful "Three Men in a Room" could be headed for a very different kind of room.

Within minutes of Monday's stunning announcement that the Manhattan Democrat was found guilty of all counts, the speculation began as to what — if any — effect it would have on the culture and folkways of the Capitol, an environment that has been once again placed in the national spotlight as an ethical brownfield.

Susan Lerner of Common Cause, one of the large crowd of ethics advocates who reacted to the verdict with a call for action, called it "a scathing indication that Albany insiders have lost touch with reality."

Indeed, Silver's conviction could have a greater impact than any of the many guilty verdicts and plea deals that preceded it, including the initial conviction of former Senate Leader Joseph L. Bruno almost exactly six years ago.

The Brunswick Republican — whose corruption conviction was undone by a Supreme Court decision, and who was acquitted in a second trial — was arrested months after his exit from the Legislature, whereas Silver plummeted from the height of power just after the start of the 2015 session.

The clamor for ethics action could get even louder in a few weeks when New York will hear a jury's judgment of former Senate Republican Leader Dean Skelos, Bruno's successor.

Specifically, the call for significant reform is likely to fall hardest on Gov. Andrew Cuomo, who responded to Silver's arrest in January with a five-point ultimatum that was regarded by ethics advocates as a Band-Aid on a sucking chest wound. Last week, Cuomo wouldn't commit to stop taking campaign donations from Glenwood Management, the real estate firm that according to U.S. Attorney Preet Bharara's office provided much of the lucre in the Silver and Skelos cases.

"Let's see what happens with the trial," Cuomo said when asked if he would continue to accept checks from Glenwood. "If someone is convicted of a crime, then obviously not."

Glenwood has not been charged with any crime, though a senior vice president and its top lobbyist received non-prosecution agreements in exchange for testimony.

The governor has long advocated for closing the so-called LLC loophole, which has enabled Glenwood to become the state's most generous political donor. Despite Cuomo's prodigious political skills, that gap in campaign finance law persists.

In the 10 months since Silver's arrest, ethics groups have noted that Cuomo acceded to Silver and Skelos' desire less than two years ago to mothball his Moreland Commission panel on public corruption.

If Skelos joins Silver on Bharara's trophy wall, that will leave Cuomo as the only member of that 2014 negotiation — part of that year's state budget package — to avoid federal prosecution.

On Monday, reporters waited for almost 3½ hours for comment from Cuomo. When a statement was released, it was brief and placed the onus for reform on the Legislature. It did not mention the name of Silver, who was the governor's closest negotiating partner in Albany, nor commit Cuomo to an agenda for reform.

cseiler@timesunion.com • 454-5619 • @CaseySeiler
 

Housecarl

On TB every waking moment
A couple of things that come to mind on this.....

That the Feds went after this guy and got him makes you wonder considering similar issues in quite a few other states where they haven't drilled down as "deep". It makes me wonder who the guy didn't "grease" or who he did "tick off". Or did this guy "take one for the team" to give some cover for the next year or so?
 

kittyluvr

Veteran Member
A couple of things that come to mind on this.....

That the Feds went after this guy and got him makes you wonder considering similar issues in quite a few other states where they haven't drilled down as "deep". It makes me wonder who the guy didn't "grease" or who he did "tick off". Or did this guy "take one for the team" to give some cover for the next year or so?

Housecarl, He probably said something that pissed of the liar in the white house. The thin skinned liar cannot stand to be contradicted or criticized.
 

Plain Jane

Just Plain Jane
A couple of things that come to mind on this.....

That the Feds went after this guy and got him makes you wonder considering similar issues in quite a few other states where they haven't drilled down as "deep". It makes me wonder who the guy didn't "grease" or who he did "tick off". Or did this guy "take one for the team" to give some cover for the next year or so?

I think there was speculation that these prosecutions were done to taint Cuomo and keep him out of the race for President.
 
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