Politics

[UPDATED] Former Cuomo aide among nine facing criminal charges related to Buffalo Billion

Jeff Coltin

U.S. Attorney Preet Bharara announced a federal complaint against nine defendants, including former executive deputy secretary to Gov. Andrew Cuomo, Joe Percoco and SUNY Polytechnic Institute President Alain Kaloyeros, who are facing a wide array of criminal charges.

Todd Howe, a lobbyist with ties to Cuomo, faces six charges, including extortion, bribery and wire fraud. It wasreported last month that Howe signed a cooperation agreement with Bharara’s office in exchange for leniency. The criminal complaint against Howe is separate from the eight others’ complaints.

In addition to Percoco and Kaloyeros, the complaint also includes Competitive Power Ventures Holdings lobbyist Peter Galbraith Kelly Jr., COR President Steven Aiello, COR executive Joseph Gerardi, LPCiminelli founder Louis Ciminelli and two other executives at LPCiminelli, Michael Laipple and Kevin Schuler. 

All the defendants are facing 12 charges, including extortion, bribery, fraud and making false statements to federal officers. Each could face up to 20 years in prison.

It has been widely reported that Bharara’s office has been investigating the Buffalo Billion initiative, which Cuomo created to lure jobs and spur economic revival in Buffalo. The charges released today stem from two criminal schemes to award hundreds of millions of dollars in state contracts and other state benefits. 

Cuomo released a statement noting his office has “zero tolerance for abuse of the public trust from anyone,” and saying “This sort of breach, if true, should be and will be punished.”

Cuomo also said his administration would continue to fully cooperate in the matter.

At the announcement of the charges, Bharara would not comment on whether Cuomo had been interviewed regarding the complaint. But he noted the governor is not being charged.

“At this moment, there are no allegations of any wrongdoing or misconduct by the governor anywhere in this complaint,” he said.

The State University of New York also announced that Kaloyeros, who at one time was the highest-paid employee of the state, has been suspended without pay from his position as president of SUNY Poly.

 

Full charges:

Percoco: conspiracy to commit extortion under the color of official right, extortion under the color of official right (two counts), conspiracy to commit honest services fraud, solicitation of bribes and gratuities (two counts).

Kaloyeros: conspiracy to commit wire fraud

Kelly: conspiracy to commit honest services fraud, payment of bribes and gratuities

Aiello: conspiracy to commit honest services fraud, payment of bribes and gratuities (two counts), conspiracy to commit wire fraud, false statements to federal officers

Gerardi: conspiracy to commit honest services fraud, payment of bribes and gratuities (two counts), conspiracy to commit wire fraud, false statements to federal officers

Ciminelli: conspiracy to commit wire fraud, payment of bribes and gratuities

Laipple: conspiracy to commit wire fraud, payment of bribes and gratuities

Schuler: conspiracy to commit wire fraud, payment of bribes and gratuities

Howe: conspiracy to commit honest services fraud, conspiracy to commit extortion under the color of official right, extortion under the color of official right, conspiracy to commit wire fraud, wire fraud, conspiracy to commit bribery, tax fraud

Read the full charges against Howe and the others below.

Percoco Indictment by City & State NY on Scribd

U.S. v. Todd Howe Information by City & State NY on Scribd