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NEW YORK STATE JOINT COMMISSION ON PUBLIC ETHICS, STATE OF NEW COUNTY OF NE Edward 1. Lam Albat COMPLAINT RK) )ss. YORK) Cox, being duly sworn, deposes and states: the Chairman of the New York Republican State Committee located at 315 State Street, wy, NY 12210 (518) 462-2601. 25 Bee this complaint against Joseph Percoco, Andrew Cuomo and other currently unidl oF PA 3. This alle circu Dem Teac] dur onre ntified employees of the Governor's Executive Chamber from 2014 alleging violations blic Officers Law Sections 73 and 74 and possibly Penal Law Section 195.20. ‘omplaint is true to my own knowledge, except as to the matters herein stated to be -d upon information and belief and as to those matters I believe them to be true. information and belief, recent testimony in the federal corruption trial of Joseph 1¢0 demonstrates that while Mr. Percoco was Governor Andrew Cuomo’s campaign ger he improperly conducted remunerated political campaign activities and personal Jess in the physical offices of the Governor located at 633 Third Avenue, NY, NY (See 'York Times Article “When Percoco improperly Used Cuomo’s Office, the Governor Was There” ~ 2/2/18 and Newsday Article “Percoco’s Use of Office Raises Questions” — 8). Mr. Percoco’s political and personal conduct within the Governor's office could not occurred in a vacuum, He was most certainly in the offices for the specific purpose of cting with other Executive Chamber employees regarding these political and personal i}ess matters. In fact, a real question arising from the Percoco corruption trial is what role fi Executive Chamber employees, including the Governor, played in Mr. Percoco’s ful acts and whether they knowingly aided and abetted or acquiesced to such ful acts. information and belief, testimony in the federal corruption trial further indicates that Mr. Percoco was physically in the Governor's offices, so was the Governor. Evidence ites that Governor Cuomo and Mr. Percoco were physically in the offices at the same at least a dozen and possibly many more times from May to July 2014. That frame was a very significant period within the 2014 New York State political calendar. in that period, political parties held their statewide conventions to designate gub natorial candidates. It also inclucied the window for gubernatorial candidates to Jate designating petitions for the primary election ballot. The 2014 New York State cratic Convention was contentious and resulted in gubernatorial candidate Zephyr out petitioning her way on to the primary election ballot. The Cuomo campaign, ig that time period, also orchestrated a legal challenge to the Teachout petitions based lency which proved unsuccessful. 6. The lise of the Governor's physical offices during that politically crucial period, by Mr. Perepco, allowed the Cuomo for Governor Campaign to utilize and conveniently access key governmental decision makers and the Governor himself for political strategy and decisions. Additionally, it appears that state property and resources were used for political purposes during this period. These actions are in violation of Public Officers Law Sections 73 and 74 (See New York State Ethics Commission Advisory Opinion No. 92-16). information and belief, evidence at the federal corruption trial also demonstrates that Mr. Hercoco engaged in personal business involving state agencies while physically present in the Governor's offices in violation of Public Officers Law Sections 73 and 74 (See New York State Ethics Commission Advisory Opinion No. 92-6). The public officers from these ‘agenties should have been aware that Mr. Percoco was no longer employed by the Execttive Chamber. Evidence further demonstrates that other Executive Chamber emplpyees, including the Governor himself, knew that Mr. Percoco was conducting personal busirjess within the physical offices of the Governor. This knowing participation with and acquiescence to Mr. Percoco’s unlawful actions creates a troubling course of conduct within the Executive Chamber allowing the use of state resources for personal and political benefit. information and belief, evidence also reveals that on December 3, 2014, Mr. Percoco, from the Governor's office, ordered Empire State Development to rescind its decision to require Cor Development to sign a union agreement in return for using state grant ‘mongy. According to the Governor Cuomo’s official public schedule that day, the Governor /0 separate meetings with im Malatras and Andrew Kennedy, two key officials directly involved in the Syracuse Cor projects. The timeline of events derived from the Govetnor’s official public schedule and the prosecutions evidence reveals the following: ‘a.m.: Percoco’s swipe card is used to enter the governor's executive offices in New York city. ‘a.m.: Governor Cuomo meets with Larry Schwartz, Secretary to the Governor; Jim latras, Director of State Operations and Andrew Kennedy, Assistant Secretary for Egonomic Development. Meeting Location: Governor's Office 633 3° Avenue, 39 Flbor, New York, NY 19:52 a.m.: Gerardi (Cor Officer) emails Todd Howe (Prosecution witness) with concerns aout the labor peace agreement, asking whether Howe has heard “anything with JP (ge Percoco) on this.” 10:52 a.m.: Howe forwards the email to Percoco, writing: “272” 14137 a.m.; Call from Percoco’s New York City office desk to his office in Albany. 1:39 a.m. Percoco emails Howe: “Stand by.” ‘a.m.: Call from Percoco’s office to Howe. 11}49 a.m.: Howe emails Gerardi and Aiello (Cor Officer): “Just hung up with JP, (An Enjpire State Development employee) is being informed as | type this that ESD HQ in NYC does NOT concur with his read on this. ...P said we should stand by and let the mqssage sink in over the next several hours and then look for ESD to reach back out to You, with a ‘different’ perspective.” by res} inth offi +15 p.m.: Governor Cuomo meets with Jim Malatras, Director of State Operations; inda Lacewell, Special Counsel to the Governor; Andrew Kennedy, Assistant Secretary for Economic Development and Joanne Fryer, Director of Recruitment. Meeting cation: Governor's Office 633 3" Avenue, 39" Floor, New York, NY mf acts appear to constitute a further violation of Public Officers Law Sections 73 and 74 - Percoco, Governor Cuomo and the Executive Chamber. ectfully request that you investigate these matters and review the evidence submitted Percoco federal corruption trial in order to determine whether violations of the Public rs Law occurred. | further request that you determine whether these acts constituted a scheme and systematic course of conduct by Mr. Percoco, the Governor and other Exec prop itive Chamber employees to defraud the New York State government of services, rty and resources in violation of Penal Law Section 195.20 (Defrauding the Government ~ Class “E” Felony), thereby warranting referral for prosecution. Sworn to before this 14 day of Fel 2018 ise Edward F. Cox ruary, Notary Public f 5 NOTARY PUBLI No. 0} Qualified tn) ‘ty Commission STATE OF NEW YORK 1Ni6190072 New York County Explies July 24, 2078 20 rads J NIGOLIAN