Albany Times Union

Percoco asks to keep $95,000 in payments

Former Cuomo aide will be sentenced Thursday afternoon

- By casey Seiler ▶ cseiler@timesunion.com 518454-5619 ■ @Caseyseile­r ■

Lawyers for Joe Percoco, the former top Cuomo aide who is scheduled to be sentenced Thursday for his part in a payto-play scheme, asked a federal judge to allow him to keep $95,000 of the roughly $287,000 in payments his household received from an energy company seeking official favors.

The money was ostensibly paid to Percoco’s wife, Lisa Toscano-percoco, by Competitiv­e Power Ventures, which is developing a controvers­ial natural gas-fired power plant in Orange County.

At trial, prosecutor­s successful­ly depicted Toscano-percoco’s work on CPV’S educationa­l initiative as a “low-show” job that served as a pretext to conceal the illicit payments to Percoco, who at the time was Gov. Andrew M. Cuomo’s executive deputy secretary. Testimony showed the arrangemen­t alarmed executives within the company, and included criticism of Toscanoper­coco’s level of effort.

In a letter sent Monday to U.S. District Judge Valerie Caproni, Percoco’s attorney Barry Bohrer said Toscano-percoco “provided lawful and bona fide services to CPV,” as demonstrat­ed in trial testimony describing classes taught and curricula developed.

Bohrer argued that the fair market value of her services, based on the salary CPV paid to another consultant, was $2,500 a month instead of the $7,500 a month Toscano-percoco was paid.

In a letter to Caproni dated

Friday, federal prosecutor­s asked her to impose a forfeiture order of $320,000, covering the entire value of the payments from CPV as well as $35,000 in payments from Syracuseba­sed COR Developmen­t that were funneled through Potomac Strategies LLC, which was controlled by consultant Todd Howe, and also paid to Percoco’s wife. Howe — like Percoco a longtime confidant of Cuomo — pleaded guilty to felony charges in September 2016.

Bohrer countered that Percoco’s forfeiture should be $225,000 — $320,000 minus the $95,000 that he claims Toscanoper­coco actually deserved for her labors.

Percoco, slated to appear for sentencing before Caproni at 2 p.m. Thursday, was Cuomo’s campaign manager for his 2010 and 2014 gubernator­ial runs. He was found guilty in March of honest services fraud, conspiracy to commit honest services fraud, and solicitati­on of bribes and gratuities. He was acquitted of three other counts, including extortion.

Prosecutor­s are seeking a jail sentence of at least five years, while Percoco’s lawyers seek a sentence of no more than two years.

This fall will bring many more sentencing appearance­s for officials and businessme­n convicted in the Percoco trial and the subsequent trial over bid-rigging on projects overseen by Albanybase­d SUNY Polytechni­c Institute. They include:

■ CPV executive Peter Galbraith Kelly, who orchestrat­ed the hiring of Percoco’s wife and pleaded guilty to wire fraud after juries failed to reach a verdict on his charges. He’s scheduled to be sentenced Oct. 16.

■ Buffalo developer Louis Ciminelli and COR’S Joseph Gerardi, convicted in the SUNY Poly trial, will learn their punishment­s Nov. 28 and Dec. 6, respective­ly.

■ COR executive Steve Aiello, convicted in both trials, will be sentenced Nov. 29.

■ Alain Kaloyeros, the founding president of SUNY Poly, will be sentenced Dec. 11.

■ Howe, the consultant who connected the players in both sets of schemes, is tentativel­y slated to be sentenced Nov. 2.

 ?? Louis Lanzano / Bloomberg ?? Joe Percoco, a former top aide to Gov. Andrew Cuomo, exits federal court in New York on March 13. He’ll be sentenced Thursday.
Louis Lanzano / Bloomberg Joe Percoco, a former top aide to Gov. Andrew Cuomo, exits federal court in New York on March 13. He’ll be sentenced Thursday.
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