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 oral testimony made before that body.

Page 2 of 10

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 made expenditures 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 of spending 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 free of 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

Page 4 of 10 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, go on 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

Page 5 of 10 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 came forward 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.

Page 7 of 10 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 show host 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

Page 8 of 10 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 2007 campaign.

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 and liabilities 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).

Page 9 of 10 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 by this 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.

Page 10 of 10 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 is lack 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. Sacha P.O. Box 288 Lancaster, NY 14086 (716) 861-0072 Cc: Honorable Preetinder Bharara, U.S. Attorney, Southern District of New York

Hxhibit S

Public Hearing of the Moreland Commissionto 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 DistrictAttorneys, I was an Assistant District Attorney in Erie County, New York. Foralmost ten years, I was a Deputy District Attorney who was in charge of prosecutingpublic 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 "elephantin the room", the hypocrisy which has not yet been addressed before thisCommission. 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 thatDistrict Attorneys are political. Many have horrible conflicts of interest, whichaffect 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 goalsthrough 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 electionIaw violations by a number of individuals, including Steven Pigeon, a person whohas close political ties to Pedro Espada, Governor Cuomo, former Erie CountyDistrict Attorney Frank Clark, and present District Attorney Frank Sedita, who isalso a member of this panel. I personally handed Mr. Sedita a bB page memooutlining the facts surrounding my 2008 investigation.

As a result of my attempt to do the right thing and hold Mr. Pigeon accountable, Iwas retaliated against by his friend, Frank Sedita. When I informed the public ofMr. 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 campaignsare wrought with allegations of false filings, straw donors and donations whichexceed 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 toinvestigate the powerful. District Attorney Sedita has failed the test.

The truth is that election law cases are not pursued because few elected DistrictAttorneys will prosecute their political friends and political family. DistrictAttorneys have subpoena power but choose not to use it. They have the power andmeans, but lack the will. This is the sad truth.

Mr. Sedita has made public statements making it clear that he will not investigateelection crimes, yet he sits on this panel. This is wrong and an abdication of hissworn duties. I commend Preet Bharara for breaking the mold and for changingthis dynamic that has plagued our state. Mr. Bharara has had the courage toexpose the culture of corruption that has been allowed to exist in Albany and inNew 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 yourelected District Attorneys protect that right. Demand that your elected DistrictAttorneys act in the public interest, not their own. Thank you.

Sunday October 06,2oLsThe Buffalo News.com (/)

City & Regron

G. Steven Pigeon insists his committee never coordinated with any campaigns. BuffaloNws filephoto

Neweffort seeks probe of Pigeon cqmrnitteeAccused of illegally frrnding campaigns

BY:updateatseptember zr, zor3, 06:57 PM Publishealseptember zr, zot3, 06:57 PM

Critics of G. Steven Pigeon have claimed for more than a decade that the former Erie County

Democratie chairman has funneled tens ofthousands ofdollars to favored candidates throughindependent committees, circumventing state laws that prohibit coordination with candidates'

campaigns.

But over the years, Pigeon and his tactics have emerged unscathed and even empowered as state

courts, boards ofelections and law enforcement either approved, complained without result, ornever said a word.

Now, another independent political committee financed mostly by Pigeon is roiling Democratic

circles after two candidates it backed defeated in the Sept. 1o primaries candidates endorsed by

the local Democratic Party. The allegation is that the Pigeon committee was spending money to

promote candidates for sheriffand County Legislature and coordinating that spending with the

candidates, which would violate state law.

The former party chairman insists he has always operated within election law. "It's what I've been

doing for years, it's been looked at time and time again, and it's never gone anywhere,' Pigeon

said, "It's not because some prosecutor is afraid of me, but because I follow the rules."

But two Erie County Iegislators seek a new avenue of investigation, filing a complaint with the

Moreland Commission, a state investigative panel that Gov. Andrew M. Cuomo created this year

to root out public corruption.

Ifthe state panel were to launch an investigation, it would set up an interesting scenario.

That's because the Cuomo-created Moreland Commission would be probing a political committee

Sxbn"bit B

trying to defeat candidates endorsed by Erie County Democratic Chairman Jeremy J. Zellner,who is no friend of C\romo's political operation.

And if Pigeon did come under scrutiny, it would mean the C\omo-appointed members would beinvestigating someone who has contributed $5o,ooo to the governor's own campaign treasury.

Legislature Chairwoman Betty Jean Grant and Legislator Timothy R Hogues, both BuffaloDemocrats, are asking the commission to probe the WNY Progressive Caucus, an independentcommittee run by Pigeon associate Kristy Mazurek. It has collected almost $ z7 o,ooo since itsinception last month.

"Given the history of the individuals involved, this entity is a'poster chiltl'for the need todrastically improve the enforcement of existing laws," Grant and Hogues wrote to commissionofficials. "Without such enforcement, violators are encouraged to repeat their conduct withimpunity."

Zellner echoes their complaint. "I would hope they look into coordination on this campaign, anyoverspending for the canclidates, and whether these really were independent expenditures," hesaid.

A spokeswoman said the Moreland Commission received the Grant-Hogues complaint but wouldnot comment further.The law

State election laws try to create an even playing field, placing limitations on contributions tocandidates. But independent committees can spend unlimited amounts of money,

So if there was coordination between a candidate and an independent committee that spentmoney promoting that candidate, that would violate election law.

Over the years, several candidates and politicians have criticized Pigeon's independentcommittees, suggesting his committees had crossed that line.

Erie County's Dernocratic and Republican elections commissioners jointly complained in zorothat a Pigeon committee was violating election law through Thomas Golisano's Responsible NewYork committee that spent on behalf of candidates.

The complaint was eventually referred to Albany C-ounty Dstrict Attorney P. David Soares andwent nowhere.

And in zoo9, former Assistant Dstrict Attorney MarkA. Sacha charged that two successivedistrict attorneys provided Pigeon an election law pass because ofhis political power. Sachaasked then-Gov. David A. Paterson to appoint a special prosecutor. Paterson declined, but hiscounsel - Peter J. Kiernan - referred the case to the U.S. attorney in Manhattan after declaring ,,a

pattern ofviolations of election law, some of which may involve money laundering or deliberateevasion of requirements of the election law" in Erie County.

Federal prosecutors also never took action.

Now, however, the Moreland Commission is empowered to investigate, subpoena and prosecutebecause its members are deputized as assistant attorneys general.Dobson campaign

The recent complaint stems from the eor3 primary campaigns, when the wNy progressiveCaucus spent tens ofthousands ofdollars in support ofcandidates running against individualsbacked by Zellner and the local party leaders.

The beneficiaries ofPigeon's caucus includecl Richard E. Dobson, who defeated Bert E- Dunn, theparty-backed candidate for sheriff.

In fact, Pigeon's committee spent more than 1o times campaigning for Dobson than whatDobson's campaign spent during the last reporting period.

campaign finance records show Dobson's campaign committee spent about $ 6,ooo in the

reporting period ending Aug. 3o, and raised about $5o,ooo for the entire campaign - far belowthe six-figure amounts most candidates budget for a countywide effort. Dobson purchased notelevision advertising, also deemed essential by most political veterans for a post like sheriff.

Meanwhile, Iocal television station records indicate that Pigeon's WNY Progressive Caucusbought more than $77,ooo in advertising in support of Dobson's candidacy.

Dobson campaign manager, James J. Eagan, who is also secretary of the Democratic StateCommittee controlled by C\tomo, said the campaign had nothing to do with the Pigeon group andnever planned on buying television time.

Now Zellner and the county legislators want the commission to determine if the candidates andthe Pigeon committee illegally coordinated their activities - which Pigeon vehemently denies.

Zellner said Dobson launched his campaign without enough money for television. In fact, Zellnersaid his forces working with the party leaders candidate, Bert D. Dunn, thought Dobson's lack offunds indicated he had "thrown in the towel."

"He was relying on something," Zellner said. "You can't have a race where you dont even have$1o,ooo on hand until the weekbefore. It really makes you wonder."

Zellner said other candidates who benefited from the Pigeon's caucus committee - like BarbaraMiller-Williams who defeated Hogues in the primary and Joyce Nixon who lost to Grant - alsoraised little of their own funds.

"I don't think she raised a dime," Zellner said of Miller-Williams. "But her signs went up all overthe place."

State records indicate Miller-Williams raised about $S,SZ S.Pigeon caucus donors

Much of the money that WNY Progressive Caucus raised came from Pigeon and others who are onthe outs with the Democratic Part5z leaders.

Campaign finance records show Pigeon contributed or loaned almost $96,ooo of his own moneyto the committee.

In addition, State Sen. Timothy M. Kennedy, who eked out a victory against Grant in zorz andcould face her again in 2014, gave $85,ooo from his campaign account to pigeon's caucus.

"Everything was done not only to the letter but the spirit ofthe law," Kennedy said.

Other contributors to Pigeon's caucus include AJ Wholesale, a Seneca tobacco dealer on theCattaraugus Indian Reservation, which gave g3o,ooo.

And an organization controlled by Cheektowaga Democratic Ctrairman Frank C. Max Jr., whounsuccessfully challenged Zellner for the county chairmanship last year and says he will runagain next year, gave gr,5oo.

In acldition, two donations totaling $9,ooo were made directly to Dobson's carnpaign fund from acommittee called Democratic Action, which has ties to Pigeon. He gave $r,8oo to that committeein zort, and Kennedy gave gr,5oo.

Records also show a $z,ooo donation in 2o1o to Democratic Action by Joseph W. Carosella, aNiagara Falls attorney who also gave $3,ooo to the caucus this year.

State campaign finance records also indicate that $r,3So from Pigeon's political consulting firm -Landen Associates - went directly to the Dobson campalgn.Pigeon rebuttal

Pigeon and Mazurek emphasize that their committee never 'coordinated" with the Dobsoncampaign or with legislators running against candidates endorsed by the Zellner organization.Ttrey also point out their "unauthorized committee" can spend unlimited amounts absent anycoordination.

Mazurek has acknowledged she was formerly active in this year's legislative campaigns butbacked offwhen she became treasurer ofthe WNY Progressive Caucus. Since then, she said sheonly worked on the campaigns in a volunteer capacity.

Absent acting in concert with the campaigns, she and Pigeon insistthey are free to raise andspend any amount they want.

Pigeon labeled the Grant-Hogues letter a "frivolous action" and questioned whether Cuomo'sMoreland Commission is even charged with probing political campaigns.

"Ihe charge is to investigate corruption ofpublic officers," Pigeon said, "not to be a campaignwatchdog. That power still lies with the Board of flections.

"Anybody can request an investigation," he added. "That doesn,t mean there are grounds.',Potential probe

A potential Moreland Commission probe is significant because Board of Elections of,Ecials rarelyinvestigate complaints ofelection law violations. The boards have limited resources and virtuallyno investigative personnel.

And while other district attorneys around the state have investigated and prosecuted election lawviolations, Erie County Dstrict Attorney FrankA. Sedita III has insisted that his ofEce is chargedwith prosecuting - not investigating - crimes. He maintains the Board of Elections or policeagencies should conduct the probes.

"If we have credible evidence, admissible in a court of law that demonstrates a crime has beencommitted, we prosecute," sedita said. "I don't do investigations of murders, I don't doinvestigations of rapes, and I sure as hell don't do election lawviolations."

The district attorney said the Board ofElections should properly probe such allegations, thoughhe acknowledged the Dstrict Attorney's OfEce did initiate an investigation and prosecution offormer West Seneca Supervisor Paul T. Clark's unsuccessful campaign for county executive in2OO7.

"That's how Frank clark did it," he said, referring to his predecessor. "I decided to do itclifferently.

"I will ilo my job and not go out and do somebody else,s job,,,he added.

Sacha accused Sedita and former DstrictAttorney FrankJ. ClarkIII in zoog ofproviding anelection law pass to Pigeon because ofhis political influence. But Sedita insisted then, as he doesnow, that his office is not the proper vehicle for such investigations.

Sedita, whorn Cuomo appointed to the Moreland Commission, questioned whether the panel canconduct the kind ofprobe Grant and Hogues requested.

"It doesnt extend to every conceivable complaint, including every conceivable politicalcomplaint," he said. "We're supposed to look at the State Assembly and the State Senate. I don,tthink the grant extends to countywide political races.,,

The spokeswoman for the Moreland Commission said Cuomo's instructions to the panel doinclude scrutiny of elections and campaign financing as very much a part of its mission,specifically outlined in C\romo's executive order

email : rmccarthy @buftiews. com

Robert J. McCarthy

Copyright tggg - zolg - The Buffalo News copyright-protected material.

Exhibir C

ilCT-83-28L3 LEI L5

hlpn. Kathleen fllcees-ChairMoreland Csmmission

Septernber 6, em3

Hon, Willietn J. FitzPaffick

CE-Chair

Moreland Commissign

Exhibit D

Mr. Miltsn L, Williarns, Jr'

Co-Chair

Moreland f,ommirsion

P,AL/nt

Fear Eonnrnlssloners Rlce, Fitrpatrirk, and Wllllaill$,

.-.-l-ap writiflg,lo.{esFect-fullylsque+-the l'tofelelC-Corotg-s.iQn TpJtveftreete PYblig-

cur*pgon, establtsheJ by Gou"rnor Andrew M. Cuomo, to hold a puhllc hearing in Buffalo,

New york to lnveEtiEata amonE sther metteEr the unlawful prtlctices of the WNY Progresslva

Caucus Folitical Action Commitiee (pACl. Specilt'cally, I am requestingthat you inve5tigatQ th€

group,s failurd to adhere to numerous campai6n finane laws set fiorth bythe State of Hew

york, lncludlng but not limited to the comrlbution llmlts and other restrlctlons, dirclosure of

third-partV contributionE and expenditurts and the effectiveness of existing camFaiEn finance

laws, This would be particularff approprJate since a number of the individuals involved have a

documented history of similar violatlqns.

Thts week, upon flling its first financlal discloEure report late, it was revealed that the

wruy progresslve Caucus pli niol-tud New York State Election Law by ralslng tenr of thoucsnds of

dolla6 without reporttng tt, Only under intefise publlc and medis Flessure did the group finelly ffle their

disclosure stapment. the group also erceeded by thousandg of dollarr the maximum csntribution

llmits for individuals set bY law.

Slven the hl6tory of the lndiyrdualr,lnvolved, thls entlty ls a "poster drild" for the need to

drastically impruve the enforcement of extsting laws. Without suth enforcement, violetors are

encouraged to repeat thelr conduct wlth lmpunity..

It ls our b€lief th€t ample records exrst frum the pastNs well rs the present thrt state cempaiBn

finance laws hsve been and continuE to be vlolated. Your {ommisfion oftrs a unique oFportunity to

hi*hlisht legitimate conEems overthe enforcqffient of tlre curcnt law.

We anxiossly awart your reply and sn opportuility to mect urith the Cprnmissbn and tc submit

proof of thls onEolng plague on our system of elertions.

Sincerely,

1Ff'/-!rF.- Tirnothy R Hoguas

Frle fuuntY Legislatsr, 1* DistrictChair, Erie Eounty Legislstur*2d oistrkt t*glrlatsr

Betty Je*ffirent

TITf,L P.AL

uD rQ$ragEPAID

Buffalo, NYPermit No. 1278

Exhibit E

Exhibit F

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