Author: buffalopundit

Who's Ahead?

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The sole debate between former Higgins staffer Chris Fahey and Common Councilman Mickey Kearns took place yesterday in the Buffalo News’ newsroom. The two were questioned by veteran reporters Bob McCarthy and Brian Meyer, but the vast majority of the questions surrounded horse race crap. Why is Kearns running as a Republican? Fahey is Silver’s puppet! Kearns is Paladino’s puppet! Kearns has kids! By the way, did you know he has a wife and kids? Downstate Interests! Republicans! Sheldon Silver! 

Incidentally, a Democrat running as a Republican whose sole platform plank involves not voting for Sheldon Silver as Assembly Speaker is utterly useless. Seriously, if elected to the Assembly, Kearns will be able to hone his Sudoku skills and little else. (This is why we need a nonpartisan, unicameral legislature and a completely new Albany political structure, but that’s something for another time.)

Horse race inside baseball who’s up, who’s down crap is McCarthy’s specialty. He doesn’t seem to understand or care that the horse race is just the path to attaining and exercising some sort of political power. 

Discussion of actual issues was almost non-existent. The handful of people who watched this mid-day screw-you-no-SCREW-YOU brawl learned almost nothing about the candidates’ positions or platforms. 

This state has some problems. This region has some problems. What are your priorities to fix some of them, or at least ease them? Maybe next time someone ask that. 

Outrageous Outrage 2: Lloyd's Taco Truck

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A couple of weeks ago, Lloyd’s Taco Truck began a Kickstarter program in order to raise enough money to make a down payment on a second truck. They have just under 20 days to go, and are about 1/2 the way there. 

But people have denigrated Lloyd for seeking a “handout”, and expressing disapproval over a for-profit company “begging” for money from people without, e.g., offering a share in the business. 

So, here’s a fact-check. 

1. If you don’t want to participate in the Kickstarter, you don’t have to. No one’s making you. 

2. Kickstarter was created precisely so that for-profit entities can raise funding that they can’t come up with themselves, and can’t get a traditional loan for, so that the path from idea to reality is made easier. 

3. If you click on the prominent link at the top of the Kickstarter page, you discover this self-explanatory text: 

Kickstarter is the world’s largest funding platform for creative projects. Every week, tens of thousands of amazing people pledge millions of dollars to projects from the worlds of music, film, art, technology, design, food, publishing and other creative fields.

A new form of commerce and patronage. This is not about investment or lending. Project creators keep 100% ownership and control over their work. Instead, they offer products and experiences that are unique to each project.

All or nothing funding. On Kickstarter, a project must reach its funding goal before time runs out or no money changes hands. Why? It protects everyone involved. Creators aren’t expected to develop their project without necessary funds, and it allows anyone to test concepts without risk.

Each and every project is the independent creation of someone like you. Projects are big and small, serious and whimsical, traditional and experimental. They’re inspiring, entertaining and unbelievably diverse. We hope you agree… Welcome to Kickstarter!

4. So, it’s specifically for creative projects, including food projects, is completely voluntary, and frankly will enable a very good, very popular local food business to expand by one truck and better serve customers. 

5. If you think Lloyd’s has made a lot of money in its first year, what with legal wrangling over city permitting, limited locations to set up, crappy weather during the winter of ’10 – ’11, and occasional truck problems, you’re wrong. It’s a tough slog, and no one’s getting rich. They need twelve grand to buy a new truck and expand – if you like tacos, you may choose to give them money and get a thank you gift in exchange – it’s win-win, as Lloyd’s gets to go more places, and you get to eat more Lloyd’s.  

6. Thousands of for-profit projects exist on Kickstarter, all of which can be subjected to the same criticism as Lloyds, yet there they are.  I mean, do you need a device that will remotely print stuff people tag on Instagram? Probably not,  but if you’d like one, or like to see one on the market, here you go. $100,000 worth of people have donated. 

7. Everyone just relax. It’s a taco truck. I’m a fan, and I’ve participated in the Kickstarter because I’d like there to be another one to patronize. Because the Lloyd’s guys are friends of mine, their food is good, and they’re pioneers of sorts. Other people have pledged money for their own reasons. If you don’t think it’s fair or right, then don’t participate. What I don’t understand is the outrage and, frankly, hatred I’ve seen in many online comments about this program. Even here at Artvoice, the weekly arrow up/arrow down roundup gave Lloyd’s an arrow down because they have the nerve to use an online funding service in exactly the way it’s intended to be used in order to ask fans for money they can’t raise any other way, at least not now. 

8. Lloyd’s isn’t the first local for-profit food-based business to use Kickstarter to help fund its growth and expansion, yet it’s the first to get a barrage of criticism. 

Wednesday War 'n Politics

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1. Congratulations to Mitt Romney, who won a couple of states in last night’s Super Tuesday. He appears to have become, at long last, the Republican’s nominee to take on Barack Obama in November. Santorum won a handful of states, and Gingrich won Georgia, which is enough to keep them around and just demolishing Romney day in and day out, but they don’t really have anywhere to go.

2. Incidentally, did you know that the Paladinoist / Palinist wing of the tea party club here in WNY held a Presidential straw poll of its own? Although Romney is very likely to win the New York primary, our plucky band of angry local wingnuts picked Rick Santorum.

3. The debate over what is to become with the Trico building is going to be the big development/preservation fight for the first half of this year. It’s already getting going, as an earlier post will attest. What’s unique about this particular battle is that most people agree that the Trico building is an historically significant landmark, and also that the Buffalo Niagara Medical Campus is something that’s great for the community and the source of a great many good jobs, and of a knowledge-based future Buffalo industry. It’s going to be a tough battle because it’ll be particularly hard for anyone to demonize or belittle anyone else. It’s also yet another ad hoc battle that we’re so used to, which pits people against each other, creates loads of rancor, and is generally sad and discouraging, regardless of who wins. While I recognize the historic importance of Trico, and the importance of its former factory, I also recognize that Trico is long gone, headquartered in Michigan, and making blades in Brownsville and Matamoros. The building is, to me, subjectively hideous – an eyesore, and refurbishing a former factory – regardless of how historically important – into a medical research facility is impractical, and something the BNMC simply doesn’t want to do. They want a 21st century facility, not a 19th century facility. This is before we even get to the environmental cleanup that any adaptive reuse would entail. My sympathies default to people, jobs, and the future.

4. The Valenti/Brocuglio dynamic duo is back in / still in WNY, depending on whom we’re talking about, and their residential landlord got shafted at Eden court in her eviction effort. The former owners of Valenti’s restaurant have until the end of March to move out of their home, and Judge Zittel did not order a judgment for back rent dating to December.

5. I remember watching the Little Rascals after school when I was a kid, those little unsupervised, depression-era scamps were often tussling with the truant officer. Perhaps it’s time that school districts with big absentee problems revisit this idea.

6. There was a lot of hubbub yesterday about a map released by a special master appointed by a federal judge to try and resolve the ongoing fight over congressional redistricting in New York. Locally, the issue was the fact that both Brian Higgins and Kathy Hochul reside within the redrawn 27th district. Suffice it to say, the court’s map is not in any way final, but it will be the default map should the parties be unable to come to a separate agreement. It happens every time, and acts as a catalyst to move negotiations forward. What does seem likely, however, is that Louise Slaughter’s district will be re-drawn to return her influence to the Rochester area only, and out of the Buffalo metro. NYS Judicial Redistricting Map

7. Ron Paul has won a whopping 47 delegates during this primary season. The margin of Romney’s lead over Santorum in the delegate race is more than 200 delegates. Why the hell is he still in the Presidential race?

8. In response to news that the government is looking to get rid of over 800 jobs at the Niagara Falls Air Reserve base, Republican Congressional candidate David Bellavia tweeted this:

[blackbirdpie url=”https://twitter.com/#!/DavidBellavia/status/177124836504645633″]

Well, not really. I received a press release that Schumer, Gillibrand, Hochul, Slaughter, and Higgins jointly released, reading as follows:

“We call on the Air Force to reverse this decision and to identify a new mission for the Niagara Falls Air Reserve Station. As a united delegation, along with the support of Governor Cuomo, we will continue to fight to protect this base, the positions it supports, and the thousands of Western New Yorkers that rely on its services.

“The Niagara Falls Air Reserve Station is an essential part of our nation’s military force, and we will not rest in the effort to find a new mission.”

Furthermore, Republicans are usually very, very opposed to things like government stimulus of the economy and government employment vs. private sector employment. Somehow, those principles get thrown out the window whenever we’re talking about military spending. The truth is, the air base has a stimulative effect on the regional economy, and losing it diminish that. Also, it’s false to suggest that the local delegation isn’t working to keep that stimulus spending here.

9. Barack Obama is going to have an easy time running on his international affairs record, and sought yesterday to calm the rhetoric coming mostly from the right, agitating for a new war in the Persian Gulf, this time against Iran. Speaking of the unemployed Santorum, Gingrich, and Romney:

The president was withering in his retort. “Those folks don’t have a lot of responsibilities,” Mr. Obama said. “They’re not commander in chief. When I see the casualness with which some of these folks talk about war, I’m reminded of the costs involved in war” — for those who go into combat, for national security and for the economy. “This is not a game,” he added. “And there’s nothing casual about it.”

“If some of these folks think that it’s time to launch a war, they should say so, and they should explain to the American people exactly why they would do that and what the consequences would be,” he said.

We need another war like we need another 2008 global financial meltdown. But not to be outdone, Senator John McCain suggested that we ought to bomb Syria due to the political and humanitarian crisis being created by the fascist Assad regime’s brutal crackdown on a months-long popular uprising. It may soon become time for military intervention in Syria, as we took part in in Libya. However, this would need to be a multilateral effort, with the Arab League taking the lead in demanding the intervention. Efforts to do that through the UN Security Council were unsuccessful, due to China’s and Russia’s positions as the permanent member protectors of brutal authoritarian regimes, and the veto that goes with it.

10. Jim Heaney interviews former ECHDC / Sabres guy Larry Quinn, who has some choice words for the risible “lighter, faster, cheaper” method of planning for the inner harbor.

Arpaio '16 and the Death of a Bully

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Sheriff Joe Arpaio has a message for Barack Obama: Lemme see your papers, boy.

Thanks, Sheriff Joe for your efforts to revive a long-resolved non-issue! It will remind voters that the Republican Party is now owned and operated by fringe reactionary conspiracy theorists. (Layers! Layers! Layers!)

Meanwhile, our local talk-radio station hosts a morning guy who is right on top of the “Obama killed Breitbart” theory, and an afternoon guy who calls women with whom he disagrees a “slut” and a “prostitute”. WBEN should be ashamed of itself for broadcasting this despicable hate-speech on public airwaves, and don’t hold your breath waiting for any Republican, anywhere to dare criticize Limbaugh for anything.

As for Andrew Breitbart, while I feel sorry for his wife & kids, I’ll eschew any phony “RIP”, or gee-I-f*cking-hated-that-guy-but-he’s-dead-now-so-I’ll-write-something-respectful, because he was someone who did not exist to engage in political discourse or to persuade – he existed solely to destroy. Upon the death of Senator Edward Kennedy, Breitbart did not suddenly find a shred of humanity and respectfully observe that event. Instead, he wrote hateful and derogatory things, cheering the Senator’s death. Breitbart wrote,

Why do you grant a BULLY special status upon his death?

Why, indeed. So, I won’t grant Breitbart any special status upon his.

I’m tired of people quietly going along with what is really amounting to fascistic rhetoric out of the rudderless, ideology-free American right wing.

Who's Weppner Got?

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I’m about 99% sure that the dynamic political duo of Carl Paladino and his young ward Rus Thompson are behind this Twitter account, (Rus denied it to me last year, but I have two sources and one telling, deliberate error in spelling the President’s name that say otherwise), which is busily pimping ultra right-wing causes and people they support. During my vacation, they pinged me on these two entries: 

[blackbirdpie url=”https://twitter.com/#!/NotJoeIlluzzi/status/171429800983015424″]

[blackbirdpie url=”https://twitter.com/#!/NotJoeIlluzzi/status/173101737081712641″]

Why would I possibly care about a former politician appearing on a Saturday AM infomercial for some financial planners? Aside from the hilarious rumors that the unliked and unlikeable Collins is considering a run against Kathy Hochul in NY-26, who cares? Ring me when Joel Giambra goes on TV to hawk the Ronco Showtime Standard Rotisserie & BBQ Oven. 

Valenti's: The Eden FOIL

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This is the final set of documents I’ve received pursuant to Freedom of Information Law requests, relating to the owners of the 2 1/2-star Valenti’s Restaurant. These are public records that are available to anyone. Out of an abundance of caution, I have redacted names and contact information of minors and some other individuals who have not been part of the general Valenti’s story.

And after reviewing these three municipalities’ FOILs, ask yourself: how many times have you had police involvement in your life since November of last year? Valenti’s: The Eden FOIL

Valenti's: The North Tonawanda FOIL

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When Terry Valenti called in to the Shredd & Ragan show some weeks ago, he downplayed the police involvement at his now-defunct restaurant as being no big deal. Here are the police reports on Valenti’s dating back to October last year. Is this any way to run a business or conduct oneself?  

On 11/1/11, Valenti threw Brocuglio and Janiszewski off the property, and purported to fire them.

On 11/18/11, Brocuglio claimed that she was being harassed by an ex-employee, and applied for a restraining order.

On 11/26/11, Brocuglio argued with fired employee William Ripley over a “company car”. Brocuglio accused Ripley’s girlfriend of striking her.

On 12/31/11 at 11pm, a black Ford F-250 backed into the east door of the restaurant. Valenti claims he didn’t know whose truck it was, and that he didn’t get the plate number. It was, of course, the truck driven by Lori Brocuglio, but he did not admit this to the police until the following day.  Brocuglio told a police officer that she rammed the truck into the restaurant because, “we were fighting and he went to hit me so I tried backing away but I put it in gear moving forward and hitting the window”. 

On 1/1/12, Valenti and Brocuglio were in an altercation, and Brocuglio’s son was present for it.

On 1/10/12, Budwey made his complaint to the police about the bad $3,000 rent check. 

On 1/11/12, Budwey blocked the doors and told patrons to leave. A Valenti’s employee, Debbie Reining claimed Budwey pushed her out of the store, and pled out a harassment complaint against him. 

On 1/27/12, Budwey returned to the restaurant to curse Brocuglio out using some colorful language. 

Valenti’s: The North Tonawanda FOIL

Slaughter's STOCK Act Passes

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Congratulations to Louise Slaughter, who has championed the STOCK act for years, most of them in the wilderness, until 60 Minutes shed light on the fact that members of Congress were not barred from insider trading, and getting quite rich as a result. It passed the House yesterday, which is a great thing but also a shocking indictment on our entire political system – that it took this long to identify and solve this rank corruption. What follows is a press release from Slaughter:

Congresswoman Louise Slaughter (NY-28), Ranking Member of the House Rules Committee, today scored a major victory having language she first authored that would end insider trading in Congress pass by a vote of 417 to 2. While elements of her original bill the Stop Trading on Congressional Knowledge (STOCK) Act, were not included in the legislation passed today by the House, today’s vote is a testament to Slaughter’s tenacity on an issue that received little attention until three months ago.

Today Slaughter spoke on the House floor saying, “At its heart, the STOCK Act is a statement of how we in Congress view ourselves, and our relationship to those we serve. No matter how powerful our position, nor how hallowed the halls we walk, no one should be above the law.  With the passage of the STOCK Act, we can move one step closer to living up to the faith and trust bestowed upon us by the American people- the citizens for whom we serve.”

Video of Slaughter’s floor statement is included here.

The journey to today’s passage has been a long one and Slaughter made clear today it is not yet complete.

Slaughter has been pushing Majority Leader Eric Cantor for months to bring the STOCK Act to the floor and the version he brought forth has raised eyebrows from Slaughter and other good government stalwarts when it removed a provision that would bring the shadowy political intelligence industry under the same regulations as the lobbyists they work beside.

Political intelligence is the latest effort by Wall Street and K Street to gain market moving information from Members of Congress and their staffs for the sake of selling it to hedge funds and other financial clients. Because political intelligence operatives don’t currently have to register the way lobbyists do, staffers and Members of Congress often don’t know that information they share is being passed along to the highest bidder. The political intelligence industry has become a $402 million a year endeavor lurking in the shadows of Congress.

Slaughter is now pushing strongly for a conference committee made up of members of the House and Senate to work together rectifying the differences between the Senate and House-passed bills. During the conference committee process, she will fight hard to retain her political intelligence provision which is a part of the bipartisan Senate-passed bill. Slaughter’s house bill that included the provision included the support of 99 Republicans.

Today on the House floor, Slaughter said, “When it comes to K Street, it appears that Republican Leadership couldn’t stomach the pressure from the political intelligence community.  After working behind closed doors, the Majority removed a major provision that would have held political intelligence operatives to the same standards as lobbyists who come before this Congress.  Fortunately, Democrats and Republicans alike are fighting to keep political intelligence as part of the final bill.”

Earlier this week, Majority Leader Eric Cantor released a statement praising Slaughter’s years of work to end insider trading in Congress saying, “Members from both sides of the aisle have worked hard on this issue, specifically Representatives Tim Walz and Louise Slaughter, and they deserve credit for their efforts to increase transparency and accountability as we take a step to restore the public’s trust in the federal government. After years of work, it’s about time their efforts resulted in a law.”

A timeline of Slaughter’s years of work leading to today’s vote is included below.

Timeline

March 28, 2006 – Slaughter along with Rep. Brian Baird (WA-3) first introduced the STOCK Act. In that 109th Congress, the bill received 13 co-sponsors. Earlier, the Wall Street Journal reported that Tony Rudy, Chief of Staff to then House Majority Leader Tom DeLay, “bought and sold hundreds of stocks from his computer in the U.S. Capitol in 1999 and 2000, according to financial-disclosure forms and other DeLay aides.” The STOCK Act was reintroduced by Baird and Slaughter again in 2007 and 2009 never gaining more than 9 co-sponsors.

March 17, 2011 – Slaughter reintroduces the STOCK Act into the 112th Congress with Rep. Tim Walz (MN-01). It is supported by good government groups Common Cause, CREW, Democracy 21, Public Citizen and US PIRG.

November 13, 2011 – 60 Minutes ran a story pointing out the problem of insider trading in Congress. Prior to the piece, the bill had 9 co-sponsors. The next day, the STOCK Act began an explosion of support. Slaughter said recently, “In my 20 years here, I’ve never seen anything like it.”

November 15, 2011 – a Senate counterpart to the STOCK Act is introduced for the first time by Senator Scott Brown (R-MA). Two days later, Senator Gillibrand (D-NY) introduced a second version of the STOCK Act in the Senate. The bills are later combined.

December 1,  2011 – The Senate Homeland Security and Governmental Affairs Committee holds a hearing on the STOCK Act

December 6, 2011 – The House Financial Services Committee holds a hearing on the STOCK Act where Slaughter and Walz testify. Chairman Bachus schedules a markup of the bill for December 14.

December 7, 2011 – Politico  reports that the markup scheduled in the Financial Services Committee is postponed under pressure from House Majority Leader Eric Cantor.

December 8, 2011 – Slaughter and Walz’s STOCK Act receives the overwhelming support of a majority of the House of Representatives. More than 218 members (the number needed to pass the bill under regular order), co-sponsor the bill.

December 17, 2011 – With pressure mounting, Majority Leader Cantor tells CBS he will take up the STOCK Act.

December 20, 2011 – The Wall Street Journal reported on dozens of meetings set up by political intelligence firms with their clients and lawmakers, giving hedge funds and other financial institutions access to privileged information that made them untold sums of money. Slaughter and Walz say this is further evidence that transparency is needed in the political intelligence industry.

January 24, 2011 – President Obama says in his State of the Union, “Send me a bill that bans insider trading by Members of Congress, and I will sign it tomorrow.”

February 1, 2011 – Slaughter and Walz introduce a discharge petition that would bring their STOCK Act up for a vote on the House floor. In the first day it is signed by 115 Members of Congress. In total 171 Members signed the discharge petition.

February 2, 2011 – The Senate passes their version of the STOCK Act by a vote of 96-3. It includes an amendment by Sen. Chuck Grassley (R-IA) that includes language from Slaughter’s bill regulating the political intelligence industry.

February, 6, 2011 – As Slaughter and Walz continue to pressure Cantor for a vote on the STOCK Act, it was clear that he would introduce his own version of the bill. He never consults the bill’s original authors. Meanwhile Slaughter’s bill gains the support of 286 co-sponsors including 99 Republicans.

February 7, 2011 – At 10:30 pm, Cantor’s office finally releases text of his changes to be voted on by the House and makes clear that he will bring it a vote using a procedure that does not allow for amendments or changes. Slaughter says repeatedly that this version of the bill is weakened. It does not include her provision to regulate the $402 million a year political intelligence industry.

February 8, 2011 – Slaughter and Walz react to the weakened version of the House bill. Slaughter tells reporters in the Capitol, “Our job here is never done. That’s the beauty of a legislature, you’re never truly defeated until you stop trying and I don’t give up so easily.” Meanwhile Cantor releases a statement praising Slaughter’s years of work on this issue.

February 9, 2011 – The STOCK Act passes the House by an overwhelming vote of 417-2. Slaughter vows to fight for a conference committee to make the bill that will be sent to President Obama even stronger.

The End of Valenti's Restaurant

Yesterday afternoon, North Tonawanda City Court Judge William Lewis awarded Frank Budwey a warrant of eviction against Desires Unlimited d/b/a Valenti’s Restaurant, and a money judgment for $5,200 in unpaid rent, plus $500 in costs and attorney’s fees.  Valenti’s has 30 days to appeal. 

The unusually long and contentious eviction trial took place over two days, and ended one of the more bizarre restaurant stories in recent memory. Just five short weeks ago, veteran Buffalo News restaurant critic Janice Okun lauded the volume of Valenti’s portions and booths, awarding it 2 1/2 stars. In that review, Okun repeated boasts that co-owners Terry Valenti and Lori Brocuglio had made about Valenti’s work history, including a wild claim that Valenti had defeated Bobby Flay on the TV program Iron Chef America with an award-winning dish of sea bass stuffed with artichokes and parsnips – quite possibly the most exotic “haute cuisine” Valenti could imagine. 

But Valenti’s had bigger problems than just a cook with a false resume. Although Budwey had waived the rent for part of October and all of November, he fully expected payment for December and January at $3,000 per month. By late December, Valenti’s still owed that month’s rent, and was losing purveyor accounts for non-payment. Valenti and Brocuglio paid Budwey $300 around that timeDoctored receipt, and a dispute arose at trial whether they paid $500 or $1500 in cash in early January. The court found that Valenti’s had, in fact, paid $500, because Budwey presented contemporaneous evidence of the cash deposits in both his business ledger and his bank records. He claimed that Lori Brocuglio, who admitted writing “payment in full” on the receipt also doctored it to read $1,500 instead of $500.  

The legal issue is that accepting money as “payment in full” would have potentially bound Budwey to that figure for rents then due and owing. The judge found, however, that other communications from clearly showed that he did not intend to be so bound. Around the same time the receipt was given, a Valenti’s check was made out to Frank “Budway” for $3,000.  Much of Tuesday’s trial centered around how Budwey got the check, and who wrote it. Budwey said either Lori or Terry gave it to him, and he took it to M&T, where he discovered that it would not clear. Budwey then turned the check over to the authorities, and Brocuglio awaits trial on misdemeanor charges of knowingly passing a bad check. 

Here is an example of a check that Brocuglio admits to having written: 

Compare that to the disputed $3,000 rent check that took up so much testimony and argument at trial: 

The mis-spelling of Budway’s name matches Brocuglio’s clumsily constructed Facebook page from last week. 

In rendering his decision, Judge Lewis said that “Brocuglio’s claims fly in the face of the testimony and documents”. He found that it was disingenuous for her to suggest that Budwey forged the check.  Brocuglio likely didn’t realize that Budwey had kept two voice mails she left for him in early January. In the first message, which was played for the judge in court, Brocuglio acknowledges that Terry Valenti had given the check to Budwey, and asks him not to cash it. She said that they would pay the rent via certified funds instead. However, the next day Brocuglio called again, and had completely changed her story.  In a second voice mail played for the judge in court, Brocuglio got a message that Budwey had tried to cash the check, and was notified that the police were now involved. In both calls, she alluded to getting a lawyer to go after Budwey, but now denies knowing of any check, implying that Budwey stole or forged it. 

Brocuglio also claimed that Budwey had agreed to waive the rent for December and January, but the documentary evidence directly contradicted that testimony. 

Brocuglio claimed to the judge that they were ready, willing, and able to pay the rent, but that a dispute that arose with Brocuglio’s nominal “partner” in the business, Melissa Janiszewski, had tied up the bank account. Janiszewski spoke to me in court and disputed this claim, stating that she had no signing privileges on the account, was not named on the account, and that Brocuglio and Valenti had deliberately kept her in the dark about the business’ finances. It was also revealed that Janiszewski, a legal co-owner in the Valenti’s venture, was not named on the lease. Since there’s a money judgment arising out of that lease, she’s rather lucky in this respect, but it indicates that as early as the formation of the business, Valenti and Brocuglio appeared to be conspiring to use Janiszewski as an unwitting pawn in a scheme to run up credit with no intention of repayment. Instead, an old DBA of Terry Valenti’s dating back a decade, the sex-toy-shop-sounding “Desires Unlimited” was listed on the lease as DBA Valenti’s Restaurant. However, a DBA is merely a business name – it is not a legal entity. That’s why the name of a person or corporation precedes the letters “DBA” on legal documents. In this case, however, regardless of the illegality of one DBA doing business as another DBA, Lori Brocuglio signed the lease as a personal guarantor. 

In a dramatic twist in the middle of the trial, Terry Valenti, who looked quite different without his facial hair and bandanna, was escorted from the courtroom by deputies and did not return. Mr. Valenti was apprehended by the Niagara County Sheriff’s Office on a felony warrant for forgery originating from Midland County, Texas. After losing his job at Captain Hiram’s in Florida, Valenti moved to Texas, where he cooked at a retirement community in Odessa. Valenti stands accused of forging an ex-girlfriend’s name on a Power of Attorney and title, to fraudulently transfer a motor vehicle for his benefit. Mr. Valenti was led out while Ms. Brocuglio stood at trial with her lawyer, and they were advised of Mr. Valenti’s unexpected departure during a break in the proceedings. He awaits extradition proceedings in the Niagara County Jail. 

After the proceedings, Mr. Budwey suggested that the Valenti defendants waive any right to retrieve belongings from the restaurant property, and that Budwey would in turn waive the money judgment. For his part, Budwey was happy to have his building back, in the hopes that he can now re-rent it to a less dramatic, more competent tenant. Brocuglio and Valenti had boasted of taking Budwey to Supreme Court for damages relating to his alleged self-help and constructive eviction measures, but with Valenti on his way to Texas and Brocuglio now with a $5000+ judgment over her head, and being behind on the rent at her residential apartment in Eden, it is unknown whether any such action will be pursued. 

Sources who contacted me yesterday add to the story – in running their business, Valenti and Brocuglio used fake social security numbers. When one vendor investigated the Valenti’s operators in an effort to secure fees owed, they discovered that staff – when paid – was paid cash or by business check without required withholdings. They also found that Valenti and Brocuglio had a scheme in the works to use the time between service of the notice to quit and the eviction trial to gut the building and auction off all the contents – Budwey’s “self help” prevented that scheme from taking place, but that Valenti had apparently retained an auctioneer for that purpose. 

Valenti’s restaurant is no more. It leaves behind a trail of cheated vendors and ex-partners. From the documents shown in court, it is safe to presume that it was deceitful not only in its operation, but even in its very foundation. I don’t know whether this is a unique situation, or one that is common in every place, all the time. In the end, Valenti’s taught us that lying isn’t a good business plan, and that it doesn’t take much to operate a reasonably successful red sauce joint in a small Niagara County city, as long as you treat your patrons and employees with respect, and serve decent food at a reasonable price. 

The whole saga (so far) is available here, with an innocuous takedown of a Janice Okun “review”, updated here, here, here, here, here, here, and here.)

 

Valenti's Goes to Court

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If you’re wondering why we’re still following the Valenti’s saga (begun here, with an innocuous takedown of a Janice Okun “review”, updated here, here, here, here, here, and here), it’s because the commentariat has weighed in well over 2,500 times. It’s generally the same 10 – 15 commenters adding details, accusations, and trading barbs, but I’ve received lots of positive feedback from people who remain riveted by how a mediocre red sauce joint could generate so much interest and hatred.

Terry Valenti and Lori Brocuglio took possession of the restaurant property in late September pursuant to a lease that commenced on October 1st. Their landlord, Frank Budwey, agreed to give them two free months’ rent, and also to pay deposits to National Fuel and National Grid to enable Valenti’s to turn those utilities on – they didn’t have the capital to do it.

The restaurant, however, wasn’t in Terry Valenti’s name. Instead, the property was co-owned by Brocuglio and an acquaintance of theirs named Melissa Janiszewski, who has since become estranged from them. There have been allegations made that Janiszewski’s credit and identity were deceitfully misappropriated. In North Tonawanda City Court yesterday, Ms. Janiszewski sat with Mr. Budwey.

Terry Valenti sat in the front row, with three people who were set to testify on the restaurant’s behalf. He was wearing a black button-down shirt, his head was uncovered, and he had shaven off his facial hair, leaving him almost unrecognizable. Ms. Brocuglio arrived soon thereafter, wearing a black specked suit and a red suede fringe jacket. When she sat down, she briefly spoke with their attorney, Mark Carney, and held up some sort of CD-ROM to one of their supporters and seemed proud of it for some reason.

Frank Budwey approached Carney and asked him if he had been paid. Carney replied that it was, “none of [his] business”, and Mr. Budwey retorted that he didn’t want Mr. Carney to waste his time. Under normal circumstances, a lawyer is not permitted to talk with a party opponent in any way, and had I been in Mr. Carney’s shoes I would have simply replied that I was not permitted to speak with Mr. Budwey, remained silent, or advised Budwey’s counsel of the approach.

Judge William Lewis presided over the rather informal eviction trial. Budwey’s attorney, James Rizzo, elicited testimony from Mr. Budwey about the non-payment of rent, now alleged to be $5,200. At one time, Brocuglio wrote Budwey a bad check for $3,000, a crime that is being contemporaneously prosecuted in North Tonawanda Court, and paid Budwey what he says was $500 cash in early January. However, the receipt for that cash shows $1,500 was received – Budwey claims that Brocuglio added the “1”. Judge for yourself:

$500 or $1,500?

Budwey testified that Valenti’s paid utilities for October and November, but not since. He testified that they have never been current on owed rent. On January 13th, Budwey terminated the lease by serving a 3-day notice to quit, and he filed the eviction action a week later.

However, Budwey claims that he crafts his leases to enable him to take self-help measures to secure the property and payment of rent if the tenant is 10 days in arrears. Under that provision, Budwey gives himself the right to enter and secure payment without the lease needing first to be terminated, and without any notice.

That’s exactly what Budwey did on January 11th – 11 days after the January rent was unpaid – he shut off the gas, blocked the doors, politely asked patrons to leave and offered to pay them cash, and wanted to prevent Valenti and Brocuglio the ability to destroy or loot the premises. The police were called, and Budwey relented. On cross-examination by Mr. Carney, Mr. Budwey acknowledged that he had recently changed the locks and the alarm codes. Mr. Carney’s questioning and demeanor were often argumentative (not that he was being rude, but that he was improperly making an argument during questioning), and at one point Carney and Rizzo got into a shouting match that was ended when Judge Lewis did a bit of yelling himself.

Carney made the point to the judge that he intended to remove the case to Supreme Court to pursue a claim against Budwey for self-help, seeking treble damages. Since that hadn’t been accomplished or applied for, Judge Lewis continued with the eviction proceeding.

The eviction is a simple action for Budwey to re-take possession of the unit, terminating the lease. There aren’t many defenses available to a commercial tenant in this situation – either the rent is paid, or it’s not. Valenti and Brocuglio’s claims about Budwey’s alleged illegal self-help are not defenses to the eviction, but a separate action for money damages. It is entirely possible that Budwey wins possession, but that he loses a subsequent trial for money damages in another venue. In speaking with Mr. Budwey, he indicates that he’d gladly pay to be forever rid of Valenti and Brocuglio, and he isn’t concerned about their threats of ongoing litigation.

At one point, I observed Mr. Budwey getting rather animated, requiring his attorney to shush him. I observed Mr. Budwey look directly at the seated Mr. Valenti, and ask him to “come on, speak up!” By contrast, Ms. Brocuglio was standing next to Mr. Carney the entire time, at one point looking back at Ms. Janiszewski and shaking her head at her. When Carney asked Budwey if the Valentis had abandoned the premises, Terry Valenti audibly said, “no”, and Ms. Brocuglio turned around and shushed him.

As Mr. Carney’s cross-examination was briefly halted, the judge sustained Mr. Rizzo’s objection over the line of questioning having to do with the lock-out. Rizzo argued that self-help is irrelevant for purposes of the eviction action, and based on the lease language, the judge agreed. However, the judge had to adjourn the proceeding because of a personal matter, and it will again be taken up at 11am on Tuesday.

As I waited to see if anyone would talk to me (unlikely as they’re all represented by counsel), Ms. Brocuglio approached me. She said, “hi, Alan”, adding, “I’m glad that now you’ve heard more of the story.” She told me that much of what people have left in comments here at Artvoice Daily are lies, and that this is all “from a divorce”. She refused to be interviewed on camera, and was whisked away to talk with her lawyer and supporters.

Before the proceeding, Budwey provided me with this document, which he says shows that even if Valenti’s was allowed to re-open, he’d still owe various creditors thousands.

Budwey told me that, when he went away to Jamaica, he offered to give Terry Valenti a second chance – a blank slate – all he had to do was keep Lori Brocuglio off the premises. Terry told Budwey that he would, but when Budwey left, Brocuglio was present at the restaurant every day. Before going COD with Tarantino and SYSCO, Valenti’s stocked up on over $10,000 of food, and supplemented that with Curtze, the last purveyor who would work with them. When the electric was shut off last week, all that food is now rotting, and the foam flame retardant system was deliberately activated by someone. Mr. Budwey clearly likes Terry Valenti and was willing to work with him, but he reserves a special hatred and disgust for Ms. Brocuglio; whenever he mentioned her name he used exquisitely colorful expletives.

If you pass by Valenti’s Restaurant now – a place that Janice Okun awarded 2 1/2 stars just 5 short week ago – a place supposedly run by an Iron Chef winner and CIA graduate, it now looks like this:

And had they not lied to Brian Kahle, Channel 7, and Janice Okun, no one would be paying them any attention.

 



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