The U.S. Supreme Court on Monday will consider a pair of cases that could it harder to pursue public corruption prosecutions - bids by an ex-aide to Democratic former New York Governor Andrew Cuomo and a businessman to reverse bribery and fraud convictions.
The justices are set to hear arguments in the appeals by Joseph Percoco and Louis Ciminelli, who were charged in related cases in 2016 as part of a corruption crackdown by federal prosecutors in Manhattan centered on the halls of the state capital of Albany.
"Prosecutors could face a constriction of their ability to bring charges based on novel and expansive readings of the fraud statutes," Nawaday said. The case Bharara unveiled in 2016 cast a pall over Cuomo's administration even though he was not charged. CuomoPercoco, a former Cuomo aide, was convicted in 2018 on bribery-related charges for seeking $315,000 in bribes in exchange for helping two corporate clients of an Albany lobbyist named Todd Howe pursuing state benefits and business.
At the time of the actions at issue, Percoco was no longer serving in government as the governor's executive deputy secretary but managing Cuomo's 2014 re-election campaign, a fact his lawyers said meant he could not be convicted of bribery. Ciminelli's case focused on Howe's role as a consultant hired to help administer Cuomo's $1 billion revitalization initiative for the Buffalo, New York, area - dubbed the "Buffalo Billion."
Ciminelli was sentenced to two years and four months in prison, Gerardi to 2-1/2 years, Aiello to three years and Kaloyeros to 3-1/2 years. A judge in July allowed all four to be released from prison on bail after the Supreme Court agreed to hear the case.
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