Letter to State and Erie County Boards of Election 05-23-2016

8/16/2019 Letter to State and Erie County Boards of Election 05-23-2016

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October 9, 2013

Moreland Commission

Executive Chamber

New York State Capitol

Albany, NY 12224

New York State Board of Elections

40 North Pearl Street, Suite 5

Albany, NY 12207-2729

Erie County Board of Elections

134 West Eagle Street

Buffalo, NY 14202

Dear Commissioners:

My name is Mark A. Sacha and I am a registered democratic voter in Erie County,

New York. Please accept the following complaint, and request for an investigation

of the activities of two New York political action committees during the recent 2013

primary election season in Erie County.

The committees are named WNY Progressive Caucus, filer ID A19577 and Democratic Action, filer ID C82821. My request is based on my experience and

knowledge of New York State Election Law, information from the New York State

Board of Elections database, campaign mailings to my residence, and media reports.

I also rely on my experience as a Deputy District Attorney with the Erie County

District Attorney’s Office who, during an investigation of the Paul Clark campaign

for Erie County Executive in 2007 – 2008, uncovered multiple violations of New

York State election law that resulted in several convictions. I refer the reader to my

prior written submission to the Moreland Commission (Exhibit A) and the oraltestimony made before that body.


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ISSUE #1: ERIE COUNTY HAS A PIGEON PROBLEM

“ A Pattern of Violations of the Election Law” -- Peter J. Kiernan, Esq.

It is my belief, based on Board of Elections filings and published accounts that one

G. Steven Pigeon has an association with, and may actually control both of the

above-referenced committees. The Board of Elections database indicates that Mr.

Pigeon has loaned $90,000 to WNY Progressive Caucus (WNYPC). At the same

time, WNYPC paid Landon (Landen) LLC $25,000 on September 9, 2013 for

consulting. Landen LLC is controlled by Mr. Pigeon, and is the same unregistered

LLC that Mr. Pigeon used in 2007 to launder money to the Paul Clark campaign.

Democratic Action has Board of Elections records going back to 2010. Pigeon’s

friend Anthony Nanula has made substantial contributions to the committee.

Additional contributions have been made by individuals who were connected with

the Paul Clark campaign investigation. In fact, the committee has madeexpenditures to a person who was the former office administrator of the Clark

campaign. A “Gerald Pigeon” also made a contribution. Democratic Action has

contributed $10,000 to two candidates currently running in Erie County in this

election cycle but has completely failed to make current required Board of Election

filings.

When I conducted my investigation in 2008, widespread election crimes were

discovered involving numerous individuals. One of those people was Steven Pigeon.

Intentional evasion of campaign finance limits, hiding donors and coordination ofspending between the official campaign committee and supposed independent

entities took place. My investigation was referred to former Governor David A.

Paterson’s office. The Erie County Board of Elections also forwarded evidence to

the Governor’s office. Peter J. Kiernan, counsel to former Governor Patterson, was

quoted in an article in the Buffalo News on June 13, 2010:

“ We concluded the existence of a pattern of violations of

election law, some of which may involve money laundering

or deliberate evasion of requirements of the election law” .

The same pattern of violations appears to be continuing today. Yet there has been

no action by government officials to protect the voters of Erie County. Why isn’t

Erie County important? Don’t Erie County voters have a right to fair elections?


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ISSUE #2: CONFLICTS OF INTEREST

“ It is said that power corrupts, but actually it is more true

that power attracts the corruptible” – David Brin (author)

Prior to addressing some of the factual history and legal reasons for my complaint,

there is an important preliminary point that must be understood. Legal ethics are

not situational ethics. They apply to all, especially to those lawyers with power

such as District Attorneys, elected officials and even governors. As you know, New

York State Law designates District Attorney’s as the chief law enforcement officers

in their respective county. Each County District Attorney takes an oath to enforce

the laws of New York State.

Legal ethics rules require attorneys to avoid conflicts. Loyalty and independent

judgment are essential. The State of New York Unified Court System’s Rules of

Professional Conduct require that the judgment of a lawyer should be exercised freeof compromising influences and loyalties. The District Attorneys Association of the

State of New York (DAASNY) Code of Conduct for political activity states that

District Attorneys may not misuse their public positions for the purpose of

obstructing or furthering the political activities of any political party or candidate.

The National District Attorneys Association standards state in Section 1-3.3

Specific Conflicts, Subdivision (D):

“ The prosecutor should excuse himself or herself from the

investigation and prosecution, or other matter where personal interests of the prosecutor would cause a fair-

minded, objective observer to conclude that the prosecutor’ s

neutrality, judgment or ability to administer the law in an

objective manner may be compromised.”

No District Attorney should decide a matter in which he or she has a personal

interest. To do so damages the public trust and hinders the interest of justice.

Where an actual or potential conflict of interest exists, the prosecutor should seek

the appointment of a special prosecutor.

Example 1: DA Sedita Is Obstructing Justice to Help a Family Friend and

Important Advisor

Mr. Pigeon has a long personal and political relationship with Erie County District

Attorney Frank Sedita III and his family. Pigeon’s support of Frank Sedita III

dates back to at least 1996 when a Buffalo News article dated December 15, 1996

stated “Erie County Democratic Chairman Steve Pigeon was pushing for Assistant


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District Attorney Frank Sedita III” for Buffalo City Court judge. This alone is proof

of almost twenty years of important political support.

Sedita III announced his candidacy for Erie County District Attorney in May 2008.

Within days he met Mr. Pigeon privately at Pigeon’s mother’s house in an effort to

obtain help during the endorsement process. After this clandestine meeting, Pigeon

was instrumental in Sedita obtaining the Conservative party endorsement. During

Sedita III’s campaign for District Attorney, Mr. Pigeon’s benefactor Thomas

Golisano donated $5,000 to the Sedita campaign.

In a Buffalo News article of May 20, 2012, Mr. Pigeon states “It’s no secret I’ve been

a long-time supporter of the Sedita family”. Later in the same article, Pigeon again

referenced Frank Sedita III in his quote “His father has said publicly that I’m like a

son to him”, explaining why he rendered political help to the present Erie County

District Attorney, Frank Sedita III. The connections, both personal and political, goon and on.

Most importantly perhaps, I am personally aware of the efforts of Sedita III to do

everything in his power to stonewall prosecution of his friend Mr. Pigeon for

criminal violations that I uncovered during the investigation I conducted in 2007

and 2008 while I served as Deputy District Attorney. I am in possession of a fifty-

plus page memo which outlines some of the findings of the investigation. I prepared

this memo at the request of Frank Sedita III. Yet he has testified that he is in

willful ignorance of its contents.

On a general level, Sedita III has repeatedly reiterated his refusal to investigate

election law violations, most recently stating in a Buffalo news article dated

September 21, 2013; “I don’t do investigations of murders, I don’t do investigations

of rapes, and I sure as hell don ’t do election law violations.” (Exhibit B). All of this

is illegal, unethical and morally wrong.

For the reasons stated above, I have not filed a complaint with the Erie County

District Attorney’s office. Yet Sedita III for some unknown reason sits on the

Moreland panel. I call on Sedita III to resign from the Moreland Commission. If he

does not resign, he should be recused from any contact with any investigation that

involves Mr. Pigeon.

I note that the Moreland Commission has requested that New York State

Legislators disclose information regarding their outside income. I agree that full

disclosure is needed so that the People can be assured that their Legislators are


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working in the public interest. However, what is good for the State Legislature is

also good for those entrusted to enforce the laws of this State, especially the

members of the Moreland Commission.

Example 2: Governor Cuomo May Be Too Close to Pigeon

“ I love Andrew” -- G. Steven Pigeon

Governor Cuomo created the Moreland Commission to investigate public corruption

and its members report to him. He selected its members, including Sedita III. Yet

the Commission members claim independence. This independence will be tested in

this case.

In 2002, Pigeon, as Erie County Democratic Chairman, endorsed Andrew Cuomo for

Governor. At that time, Pigeon was in the process of being removed from his Erie

County Democratic Chairman leadership position. Cuomo was quoted as saying

about Pigeon:

“ He’ s a force in Albany, he’ s a force statewide and his

endorsement today means a lot to my campaign, not just

in Erie, but he’ s going to be helpful on a statewide basis

with my campaign. And I think this is a major, major

boost to my effort and I ’ m pleased to stand with him.”

In December of 2009, Pigeon was at then Attorney General Andrew Cuomo’s

birthday fundraiser. This was only two months after the Buffalo news had several

front page stories detailing my allegations of election fraud involving Pigeon. In a

story dated December 18, 2009, New York Daily News reporter Celeste Katz quotes

Pigeon at the party as saying:

“ I made a special trip to be here; I love Andrew.”

Pigeon was at the time a top aide to Senator Pedro Espada, the now-jailed convicted

felon.

I have reviewed the Board of Elections database and discovered considerable

contributions from Mr. Pigeon and a business partner to Governor Cuomo. In

January of 2013, Mr. Pigeon donated $50,000 to Governor Cuomo. In addition, Mr.

Pigeon has repeatedly been quoted as claiming influence with the Governor. They

were photographed together at the Buffalo Bills football game on September 8, 2013

(Exhibit C). The Governor should recognize the obvious conflict. He should remove

himself and his influence from any and all investigations involving Pigeon.


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ISSUE #3: DOCUMENTED HISTORY OF MISCONDUCT

It is my understanding that two Erie County Legislators, Betty Jean Grant and

Timothy Hogues have filed a complaint about the activities of WNY Progressive

Caucus during the recent Democratic primary. A copy of this complaint is attached.

(Exhibit D) I have reviewed stories in the Buffalo News, Artvoice and WNY

Media.net regarding the activities of WNY Progressive Caucus. I have also reviewed

filings on the Board of Elections website and I have investigated similar committees

and their activities.

The Grant-Hogues complaint refers to a documented history of similar violations.

Some of that history includes my 2007 – 2008 investigation of the Paul Clark

campaign for Erie County Executive.

In late September of 2007, a major Paul Clark campaign supporter and donor cameforward to the Buffalo News claiming numerous incidents of misconduct by the

Clark campaign. This supporter indicated that much of the misconduct was

motivated by the intent to evade campaign finance limits and laws.

The supporter admitted making payments in “bags of cash”, $20,000 in total, to a

campaign phone bank provider, payments which were never reported by the

campaign. The supporter also admitted paying the campaign secretary through one

of his corporate accounts.

I was assigned to conduct an investigation by former District Attorney Frank Clark

in the fall of 2007. In a meeting at the District Attorney’s office, Steve Pigeon

appeared, representing himself as an attorney for Paul Clark. Pigeon repeatedly

claimed that the supporter was a “loose cannon” whose actions were never

coordinated with the Clark campaign. Therefore, I was shocked when later

interviews revealed that Mr. Pigeon himself was involved in both the Clark

campaign and the coordination of the improper conduct which he had denied.

The telephone bank provider paid with the bags of cash gave a sworn statement

that he was connected with the campaign pursuant to a meeting at Pigeon’s

mother’s house where he was advised that he would be paid through a third party.

The phone bank provider almost comically described how cash passed hands in

supermarket bags. In addition, he described being provided with voter “lists”

directly by the campaign and having direct conversations about his polling results

with the campaign and its consultants.


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During the investigation we discovered money passing through Pigeon entities,

including Landen Associates LLC to the accounts of the candidates’ brother and

then to the campaign. Some of the money was traced back to Joel Giambra, the

former Erie County Executive, who was very unpopular as a result of the financial

problems of Erie County government.

ISSUE #4: QUESTIONABLE COMMITTEES

The recent Grant-Hogues complaint began due to anonymous “attack” or “dirty

tricks” mailings which were being sent to voters while their primary opponents

were either reporting little money or not reporting at all (Exhibit E).

It was discovered that these and other mailings were associated with U.S. postal

permit #1278 which had been paid for by WNY Progressive Caucus. Published

reports connect Steven Pigeon and one Kristy Mazurek, a local WGRZ talk showhost as having an association with this committee. In fact, it is my understanding

that Mazurek is registered as treasurer with the Board of Elections.

Published reports on WNY Media.net connect permit #1278 to mailings on behalf of

Richard Zydel for Erie County Legislator. The mailings appear to be high quality

and contain references to the candidate’s campaign and website. In addition,

photographs on the mailings appear identical to those used on the campaign

Facebook page of Mr. Zydel.

In the recent primary, I received numerous high quality glossy mailings at my

residence from a candidate by the name of Wes Moore who was a candidate for Erie

County Legislator. A review of Mr. Moore’s filings with the Board of Elections

revealed little money and no major mailing expenses. Permit #1278 appeared on all

the mailings (Exhibit F). Mr. Moore was personally handing out palm cards at my

voting location. A review of the palm card and one of the mailings reveal that the

same photograph of the candidate is used on the palm card and the mailing. How

could an “independent” committee obtain the photo without coordination? A review

of the candidate’s web site appears to indicate that Kristy Mazurek was actively

involved in Mr. Moore’s campaign.

More than $260,000 passed through WNY Progressive Caucus in a month. I find it

interesting that almost $50,000 was allegedly paid in “consulting fees” with the

majority being paid to Mr. Pigeon. I continue to review the limited filings with the

Board of Elections as most of the money appears to have gone for TV ads and

mailings. The five (5) Erie County candidates aided by WNY Progressive Caucus


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spent a total of $60,000 according to the Board of Elections database. Yet this

independent committee spent over $260,000 in the same reporting period. The

official campaigns seemed to ignore normal fundraising and instead relied on the

expectation of outside help.

The second entity, Democratic Action, has existed for a few years. One of the

biggest contributors is the same person who was involved in the “bags of money”

passed during the Paul Clark investigation. Over $10,000 has been contributed by

Democratic Action directly to two current campaigns, and it has been reported that

this entity has also has been connected to Mr. Pigeon. A report of “No Activity” was

filed in July of 2013 by Democratic Action and no further filings have been made to

date. The January 2013 filing lists the closing balance as less than $2,300. I have

been advised that the individual registered as treasurer of Democratic Action is the

same campaign staffer who ran the Paul Clark campaign and advised me about the

secret coordination between official and unofficial committees during his 2007campaign.

LAW

The following outlines some of the New York State Election Law on which I rely.

Election Law 14-102-(1) requires that the treasurer of a political committee must

file a sworn statement setting forth all receipts, contributions, expenditures andliabilities of the committee, and its officers, members and agents. The dollar

amount, or fair market value of “in kind contributions” and the name and address of

the contributor must be set forth. The amount of expenditures and the name and

address of the person to whom it was made must be specified. If a loan, a copy of

the loan must be filed.

A “contribution” means any gift, loan, or anything of value or the payment by any

person other than the candidate or the political committee in connection with the

nomination or election of a candidate (Election Law 14-100-9). For a contribution

other than of money, the fair market value shall be used and listed as an

“expenditure in kind”. (Regulations of the Board of Elections 6200.6).

Statements of receipts and expenditures must be filed on the 32nd and 11th day

before and the 10th day after the primary. (Regulations of the Board of Elections

6200.2).


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Election Law Section 14-122 requires that anyone acting as an officer, member or

agent of a political committee or candidate who receives any receipt, contribution or

transfer, or makes any expenditure or incurs any liability, shall within 14 days

inform the treasurer and submit any documentation to him.

Another requirement found in Election Law §14-118(2) requires that contributions

greater than $100 be made in the form of check, draft or other instrument payable

to the candidate and that expenditures by a candidate or political committee in

excess of $100 be made by check drawn on the campaign account.

New York State Election Law has a penalty section which reads as follows:

14-126. Violations; penalties

1.

Any person who fails to file a statement required to be filed bythis article shall be subject to a civil penalty, not in excess of five

hundred dollars, to be recoverable in a special proceeding or civil action

to be brought by the state board of elections or other board of elections.

2.

Any person who knowingly and willfully fails to file a statement

required to be filed by this article within ten days after the date

provided for filing such statement or any person who knowingly and

willfully violates any other provision of this article shall be guilty of a

misdemeanor.

3.

Any person who knowingly and willfully contributes, accepts or

aids or participates in the acceptance of a contribution in an amount

exceeding an applicable maximum specified in this article shall be

guilty of a misdemeanor.

4. Any person who shall, acting on behalf of a candidate or political

committee, knowingly and willfully solicit, organize or coordinate the

formation of activities of one or more unauthorized committees, make

expenditures in connection with the nomination for election or the

election of any candidate, or solicit any person to make any such

expenditures, for the purpose of evading the contribution limitations of

this article, shall be guilty of a class E felony.


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Other possible charges include possible Penal law violations including Falsifying

Business Records in the First Degree (Penal Law §175.10) and Offering a False

Instrument for Filing in the First Degree (Penal Law §175.35).

As I stated before the Moreland Commission, the problem is not lack of laws, it islack of will.

Should you require any further information or need to reach me for any reason, my

contact number is listed below. Thank you for your assistance.

Sincerely,

Mark A. SachaP.O. Box 288

Lancaster, NY 14086

(716) 861-0072

Cc: Honorable Preetinder Bharara, U.S. Attorney, Southern District of New York


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Mark A. Sacha

Attorney at Law

August 25, 2014

VIA US MAIL

NEXT DAY DELIVERY

Eric T. Schneiderman

New York State Attorney General

Office of the Attorney General

The Capital

Albany, NY 12224-0341

Dear Attorney General Schneiderman:

I read with great interest your press release of August 22, 2014 regarding the

indictment of Bruce C. Tanski, as well as other defendants in Saratoga County for

election related crimes. I agree with your statement that “The law applies to

everyone equally, no matter how rich or how powerful…”. Such prosecutions are

essential to protecting the integrity of the election process. All New York voters

have the right to free and fair elections.

The problem here in Erie County is that election law is not enforced and

certain politically connected individuals are virtually above the law. Year afteryear, the same pattern of misconduct repeats itself. Complaints are made and

nothing is done.

For years, I have battled both as a prosecutor and as a private citizen on

behalf of the citizens Erie County to no avail. In 2007 – 2008, as a senior prosecutor

in the Erie County District Attorney’s office, I uncovered widespread election law

and penal law crimes committed in part by G. Steven Pigeon, a close political ally of

Governor Cuomo and District Attorney Sedita. When I attempted to enforce the

law, I was retaliated against and eventually fired for advising the public of Mr.

Sedita’s hypocrisy. Mr. Pigeon went on to be chief counsel for Pedro Espada, who isnow incarcerated and with whom you are very familiar.

During the 2013 election cycle, the pattern of election illegality by Pigeon and

his allies repeated itself. An entity was created in part by Pigeon called WNY

Progressive Caucus. Within weeks, over one-quarter of a million dollars was

funneled to a slate of local candidates, most of whom did virtually no fundraising. I

personally, along with others investigated campaign finance reports and media


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buys. It became apparent that more was spent than was accounted for in the

campaign reports. After interviewing witnesses who volunteered information, it

was apparent that there was widespread coordination between WNY ProgressiveCaucus and the actual campaigns.

As a result, on October 9, 2013, I made a formal complaint regarding WNY

Progressive Caucus to the Moreland Commission and the New York State Board of

Elections. On September 24, 2013, I had traveled to Albany and gave a written

statement and oral testimony before the Moreland Commission. Corresponding

complaints regarding WNY Progressive Caucus were made by Erie County

Legislators Betty Jean Grant and Timothy Hogues. No response was ever given by

the Moreland Commission and the scheduled hearing in Buffalo was cancelled.

Since that time, I have continued my inquiries regarding this matter. From a

review of public documents and my own inquiries, it is my understanding that the

Board of Elections is actively investigating WNY Progressive Caucus. Mr. Pigeon

has admitted to discrepancies in his public statements. I have reason to believe

that there is evidence of substantial violations of the election law and penal law. It

is my understanding that the amounts involved would dwarf those in the Tanski

indictment. I believe that there is widespread evidence that tens of thousands of

dollars are unaccounted for. It is my belief that there is evidence of straw donors

and coordination between WNY Progressive Caucus and the actual candidates.

Buying Time LLC made the media buys for WNY Progressive Caucus.

Time is running and I am concerned that politics will again trump justice. It

is imperative that a non-conflicted prosecutor become involved in a timely fashion.

When I made my public statement in 2009, I stated that it is easy to

prosecute the powerless. The real test is when you are asked to investigate the

powerful. I respectfully request that you do so in this matter.

Very truly yours,

Mark A. Sacha

Mark A. Sacha, Esq.

5406 Broadway, #288

Lancaster, NY 14086


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Public Hearing of the Moreland Commission

to Investigate Public Corruption in New York State

Prepared Testimony of Mark A. Sacha, Esq.

September 24, 2013

Chairpersons Fitzpatrick, Rice and Williams, members of the Moreland Commissionand members of the public, I appreciate the opportunity to be here today.

My name is Mark A. Sacha, and for twenty-three years, under four District

Attorneys, I was an Assistant District Attorney in Erie County, New York. For

almost ten years, I was a Deputy District Attorney who was in charge of prosecuting

public corruption cases. I speak today as an informed citizen.

I am here to advise the public and the voting citizens of New York of the “elephant

in the room”, the hypocrisy which has not yet been addressed before this

Commission. Election fraud and public corruption are not prosecuted properly, notbecause of a lack of laws in this State, but by a lack of will. The sad reality is that

District Attorneys are political. Many have horrible conflicts of interest, which

affect their ability to act. In order to reach their position, they make alliances,

accept money and cut political deals with other politicians. They reach their goals

through these people.

The public has the right to know the truth based on my own personal experience.

In 2008, I conducted an investigation that uncovered widespread criminal election

law violations by a number of individuals, including Steven Pigeon, a person who

has close political ties to Pedro Espada, Governor Cuomo, former Erie CountyDistrict Attorney Frank Clark, and present District Attorney Frank Sedita, who is

also a member of this panel. I personally handed Mr. Sedita a 53 page memo

outlining the facts surrounding my 2008 investigation.

As a result of my attempt to do the right thing and hold Mr. Pigeon accountable, I

was retaliated against by his friend, Frank Sedita. When I informed the public of

Mr. Sedita’s hypocrisy and misconduct, I was fired.

Now four years later, the same pattern of misconduct is occurring in Erie County.

The September 22, 2013 edition of the Buffalo News contained a lengthy articledetailing new allegations of illegal conduct by Pigeon. Current election campaigns

are wrought with allegations of false filings, straw donors and donations which

exceed contribution limits. This Commission has received a complaint about Mr.

Pigeon. These allegations of corruption in Erie County have gone on for years.

Prosecuting the powerless is easy. The real test is when you are asked to

investigate the powerful. District Attorney Sedita has failed the test.


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The truth is that election law cases are not pursued because few elected District

Attorneys will prosecute their political friends and political family. District

Attorneys have subpoena power but choose not to use it. They have the power and

means, but lack the will. This is the sad truth.

Mr. Sedita has made public statements making it clear that he will not investigate

election crimes, yet he sits on this panel. This is wrong and an abdication of his

sworn duties. I commend Preet Bharara for breaking the mold and for changing

this dynamic that has plagued our state. Mr. Bharara has had the courage to

expose the culture of corruption that has been allowed to exist in Albany and in

New York State. His ongoing efforts have forced the creation of this panel.

I say to the voting public, free and fair elections are your right. Demand that your

elected District Attorneys protect that right. Demand that your elected District

Attorneys act in the public interest, not their own. Thank you.

Documents

Letter to State and Erie County Boards of Election 05-23-2016