Meant to write this as a comment on the dkos elections live thread. But what I wrote became so sprawling (even by my own sprawling scatterbrained standards) that I thought it best to just convert it into a "proper" diary.
First I'll start with how Andrew Cuomo tangentially relates to this. Just about everyone is familiar with the Working Families on-again and mostly off-again relationship with the Andrew Cuomo. With many expressing profound regret that they cut a deal with Andrew Cuomo rather than endorsing Zephyr Teachout. But in 2014 it was Andrew Cuomo wooing the Working Families Party trying to get their endorsement. In 2010 the situation was reversed and set the tone for their relationship moving forward. Back then Andrew Cuomo was openly talking about declining any endorsement from the progressive labor party. You may even remember this little gem. The absurd speculation that the Working Families Party was going to run Alec Baldwin for Governor. http://www.nydailynews.com/... And all due to the former slayer of the Liberal Party giving statements like this.
Cuomo, all but guaranteed to get the Democratic line at the state party's convention this week, has yet to decide whether he will accept the Working Families line. Yesterday, Cuomo said it's too "premature" to say if he would accept the support of the Working Families Party. "We'll address that situation down the road," he said.
Now some of that was disagreement over the Working Families Party backing Eric Schneiderman for Attorney General over current Congresswoman (and then Nassau District Attorney) Kathleen Rice. And Andrew Cuomo ultimately merely made them publicly humiliate themselves before accepting the nomination as seen in this excellent diary.
http://www.dailykos.com/...
But as you might have noticed from the first link above his initial refusal to accept their endorsement goes back to a little remembered scandal involving the Working Families Party and the campaign they ran in New York City's Democratic Primary for city offices in support of their endorsed slate of candidates. A monumental success that defeated a number of incumbents and helped John Liu and Bill de Blasio claw their way in crowded fields to become City Comptroller and Public Advocate.
The "scandal" involved The Working Families Party and a for profit election consulting firm they ran called Data and Field Services. I'll explain the scandal and how it has become a news story again here in Staten Island below the fold.
Data and Field Services was a for profit consulting firm that the Working Families Party set up to support it's candidates. In theory it was a great idea. By their candidates pooling their efforts into one firm everyone can get more value for their dollar. And being an outside firm it is free to raise it's own money and support itself independently. It offered a complete package of everything from voter lists to field work to about anything you'd want. And it asked all their candidates in competitive races to hire them. I have heard it alleged it was "required" but the fact John Liu among others turned down their services puts that notion to rest. Others including Staten Island City Councilwoman Debi Rose and current Mayor of New York City Bill de Blasio signed up for it.
While on paper the idea of the firm made sense. Particularly in perhaps micro-managing the campaigns of weaker candidates to make sure they ran top rate campaigns. Or to dynamically adjust services to party candidates based on need rather than any other criteria. In practice it was a bad idea start to finish.
First off what I just mentioned above would be illegal. Second and relatedly you have campaign finance rules. And New York City has some of the strictest in the country. Candidates accepting matching funds are required to report any "free" or "below market" services as in kind contributions. And those and any other contributions of any kind cannot be above a certain value.
The City Campaign Finance Board was concerned about this right from the beginning. Even before the election it issued a warning to candidates using Data Field Services.
http://www.nydailynews.com/...
The City Campaign Finance Board on Wednesday fired a warning shot across the bows of candidates that have hired a consulting group tied to the Working Families Party, telling them to be careful going forward about their financial dealings with the firm.
A number of candidates have paid Data and Field Services thousands of dollars in consulting and campaign staffing fees, including public advocate hopeful Bill de Blasio and City Council candidates Daniel Dromm, S.J. Jung, Brad Lander, Deborah Rose, Lynn Schulman, James Van Bramer and Jumaane Williams.
So Data and Field Services already starts with the handicap that they cannot offer too good a product at the price they charge. And if they provided sub par services you open yourself to accusations that they you only hired them as a "pay-off" to get the Working Families Party endorsement. Making any "but they were horrible" defense equally damning. So there are no advantages and only disadvantages to hiring an "official" consulting firm instead of an independent one.
A dailykos bloggerMole333 wrote on this and took a very critical stand on the WFP and Data Field Services on their conduct. Whether or not you agree with his highly negative take he gives a lot of information and links about what transpired and the issues that were involved.
http://www.dailykos.com/...
After the election there were two probes. First by the Campaign Finance Board and second in a federal investigation by US Attorney Preet Bharara. They were cleared by both and this paved the way towards Andrew Cuomo agreeing to accept their endorsement.
http://archive.longislandpress.com/...
You also had a lawsuit by a Republican activist that resulted in the WFP agreeing to formally separate itself from Data and Field Services and the Debi Rose campaign reimbursing Data and Field Services for services they allegedly were under billed for.
http://www.nydailynews.com/...
There was some friction over it's implementation and the courts held the WFP in contempt and demanded some further changes. And we really haven't heard much from Data and Field Services since.
http://www.nydailynews.com/...
And this is where most people assumed it all ended. But there was a third probe. By Richmond County District Attorney Daniel Donovan. As he was running for New York Attorney General and he runs a pretty clean ship he recused himself from the case and asked for a special prosecutor.
http://online.wsj.com/...
Most people had forgotten about this and assumed the issue dead until the court two years later finally got around to fulfilling Donovan's request and appointed Roger Adler. Who is Roger Adler you might ask? Look at the title of the link below about his appointment you'll know what he's most famous for.
http://www.nystateofpolitics.com/...
Clarence Norman used to be the boss of the Brooklyn Democratic Party before Vito Lopez. The fact that one could make the case that Vito Lopez was an "improvement" is about all you need to know about Clarence Norman. He was accused of all types of shenanigans involving giving the backing of the Kings County Democratic Party to folks who wanted to be judges in Brooklyn. Including of course forcing candidates to use certain vendors.
http://www.nytimes.com/...
And as you see from the first link his lawyer at the start of the trial was none other than the same Roger Adler who was appointed as a special prosecutor to investigate the Working Families Party in Staten Island. And from the second article just above that his efforts and those of the attorneys that followed him were not terribly successful in helping Clarence Norman avoid prison.
Adler represented former Assemblyman/Brooklyn Democratic boss Clarence Norman during a sprawling investigation Norman’s judicial selection process by brooklyn DA Charles Hynes. At the time, Hynes accused Norman of using the Legislature, the party and his re-election committee as a ”personal piggy bank” to misappropriate more than $10,000.
In 2005, Norman was found guilty today of soliciting illegal campaign contributions. He was sentenced to two to six years in prison but remained free on bail while fighting the remaining charges. In 2007, he was convicted again – this time on charges that he shook down judicial candidates seeking party support. It was his fourth corruption trial in two years. He was sentenced to serve three to nine years in prison.
In 2008 with the backing of many Brooklyn Democratic Party insiders Roger Adler ran to be judge himself. His resume from this softball article is quite impressive. President of the Brooklyn Bar Assocation, senior post in the Brooklyn DA's office, a well regarded attorney.
http://www.brooklyndaily.com/...
He of course had a rival who was more progressive and held far more reformist and liberal credentials. Important in an area of Brooklyn filled to the brim with white liberal yuppies.
http://www.brooklynpaper.com/...
You'll notice a few allegations against him. Donations to the Conservative Party as well as pro bono legal work done for their legal challenges to gay marriage. mole333 also wrote on this subject years ago. He provides a lot of details on Adler based on news articles and his own personal interactions with him.
http://www.dailykos.com/...
Mole333 does not cite any evidence for his Scalia allegation. That may be a product of his own personal interactions with him. I can't be sure. But the contributions to Vito Fossella, the Conservative Party, and Alphonse D'Amato certainly do check out. Though there are contributions to Democrats such as Clarence Norman, Edolphus Towns, and Daniel Patrick Moynihan as well.
https://www.opensecrets.org/...
One thing I have heard and have no news links supporting (and have no reason to doubt given what I know of both Roger Adler and Devin Cohen) is that Devin Cohen was backed by the Working Families Party. What is certain however is that Devin Cohen won.
And this brings back to this week when Roger Adler finally announced two indictments.
http://www.silive.com/...
First against David Jones for a very very technical violation. He was given $5,000 as compensation for his work for the campaign. And if you ever saw David Jones during that period he was working on the campaign basically 24/7. However Campaign Finance Board regulations state that anyone paid on a lump sum should be considered a consultant and have a contract with the campaign stipulating how much they are to be paid. He did not have such a contract and is being charged with "larcenary" among other things. The argument being he should never have agreed to accept the small nominal amount of money he was promised without a written contract.
He has been released without bail.
And second against David Thomas. For David Jones not having a written contract. And for misrepresenting the value of the services provided by Data and Field Services and the Working Families Party. I'll be interested to see how the settlement in the civil case where the Rose campaign agreed to pay DFS a higher fee than originally agreed upon plays.
And thirdly Debi Rose herself was listed as an "unindicted co-conspirator."
I've said this before and I will say this again. If a friend of yours runs for office and they offer you the position of treasurer, they are not your friend. Treasurer is a rotten job that is purposefully created with the intention of being the fall guy if absolutely anything goes wrong in terms of finance. Seriously. Don't do it.
Both Thomas and Jones were released today without having to post bail.
http://www.silive.com/...
And that is where we are five years later. A special prosecutor in a case where the campaigns were cleared by two rather vigorous and scrupulous authorities. A liberal activist being unfairly indicted for a technical violation that at worst the campaign should have been fined for. And the treasurer perhaps being made to walk the plank over an issue where settlements and verdicts have already been reached.
And the funny thing is while I think DFS was a poor idea and the CFB was correct to stomp it out. Compared to what? The Advance Group and Parkside double as both political consultants and lobbyists. Senate Democrats all but require candidates they recruit to hire Parkside. Who will then lobby and offer donations to the winner. Compared to that DFS is amateur hour. And absolutely no one in New York State politics has the guts to do anything about it.