DiNap on GOP call to audit Cuo: No con do
State Comptroller Tom DiNapoli has rejected a request to conduct a sweeping audit of Gov. Cuomo’s office despite the disclosure that corrupt former Cuomo aide Joseph Percoco made numerous calls from the governor’s Manhattan quarters while running his re-election campaign in 2014.
Using government resources for campaign purposes is illegal.
The audit request was filed by Republican candidate for governor Marc Molinaro, and quickly shot down by DiNapoli.
“The circumstances prompting your request to the OSC [Office of the State Comptroller] — the disclosure of facts at Mr. Percoco’s criminal trial about his having made over 800 phone calls from state offices on 68 separate days — present factors that make it inappropriate for the OSC to commence the requested review at this time,” Nancy Groenwegen, counsel to the comptroller, said in an Aug. 27 letter to Molinaro.
“When conducting audits, OSC staff work to avoid interfering with ongoing criminal proceedings or other investigations.”
Groenwegen went on to say that while Percoco has been convicted, he has not yet been sentenced, and an appeal is expected.
“In addition, we are aware from published reports that the Joint Commission on Public Ethics, which has enforcement authority over violations of the state ethics laws, has been requested to examine very similar issues,” the comptroller’s chief lawyer said.
Groenwegen also said the state Internal Contract Act calls for “independent” audits of the Executive Chamber and Budget Division every three years by an outside accounting firm.
“To the extent you believe the revelations from the Percoco trial in your letter indicate a lack or in- adequacy of internal controls in the Executive Chamber, it would appear the Internal Contract Act provides a means for addressing your concerns,” Groenwegen said.
But the comptroller has broad powers and there’s nothing to stop him from examining Cuomo’s office operations.
Responding to DiNapoli’s rebuff, Molinaro spokeswoman Katherine Delgado said, “Clearly, the Comptroller’s Office believes what everyone knows — despite his loud denials, Andrew Cuomo and his administration remain under active investigation.”
Percoco was found guilty of pocketing $300,000 in “pay-toplay” bribes.
Cuomo was not personally accused of wrongdoing in the Percoco case.
But critics point out that Percoco made the phone calls in an office right next to the governor’s while he was off the government payroll.
Percoco’s lawyer insists his client didn’t talk politics on the government phone.