Feds’ witness looking fishy
Credit ‘scam’ by star Percoco accuser
The star witness in former Gov. Cuomo aide Joseph Percoco’s federal corruption trial just flamed out — and he may have brought down the whole case with him.
Ex-lobbyist Todd Howe was arrested mid-trial Thursday night following a stunning admission in court that he had breached his cooperation deal with the feds — and experts say it could kill his credibility in this and future cases.
“It’s certainly helpful for the defense,” said attorney Daniel Schnapp, a partner at Fox Rothschild who is not working on the case.
“The government is going to think very hard and long about whether or not they would want to put him on the stand again.”
The longtime Cuomo associate acknowledged under cross-examination in Manhattan federal court that he tried to scam his credit-card company into paying for a pricey hotel room in 2016 — after signing an agreement with the government that he wouldn’t commit any more crimes.
Looking like he had been yanked straight out of bed the night before, Howe made a brief court appearance in shabby sweatpants and a faded “Martha’s Vineyard” shirt Friday afternoon, when he declined to contest his detention.
He is expected back on the stand for more cross-examination Monday, according to Manhattan US Attorney’s Office spokesman Nicholas Biase — but Biase declined to say whether the prosecutors will bring Howe up again to help bolster their case in this or any other trial.
If they do, they’ll have to clean up more than just his wardrobe, Schnapp said.
They’ll need to convince the jury that “the credibility he has on issues related to his hotel bill and violating his parole should be unconnected to the helpful information that he has that would aid the prosecution,” Schnapp said.
Prosecutors are relying on Howe’s testimony that he helped Percoco take about $300,000 in bribes — money they famously referred to by the code name “ziti” — from companies doing business with the state in an alleged “pay-to-play” scheme.
He is also set to testify in a trial set for June that he pocketed hundreds of thousands of dollars from developers to rig bids on state contracts linked to the upstate Buffalo Billion economic-revitalization plan.
Howe is facing eight felony charges himself, but prosecutors offered to go easy on him in exchange for confessing all his crimes and agreeing not to commit any more.
But Howe conceded on the stand Thursday that he had done just that when he booked a room at the Waldorf Astoria and then asked his credit-card company to refund $604.86 in charges, suggesting he hadn’t actually stayed there.
Biase wouldn’t say if the feds are now going to tear up the cooperation agreement.
Asked on the stand whether he thought they would, Howe replied, “I sure hope not.”