Tag: Mickey Kearns

On the Fourth Day of Preetsmas

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preetsmas

 

Mickey Kearns and Aaron Pierce

To what extent might Assemblyman Mickey Kearns be implicated in the Great Preetsmas Massacre of ’15? On Tuesday, I ran through the fact that Kearns had been a recipient of generous campaign contributions from a Seneca businessman named Aaron Pierce.  Pierce and his companies have recently run afoul of the law and been prosecuted, and he was named as having been a prominent donor to Steve Pigeon’s Western New York Progressive Caucus (“AwfulPAC”).

What are Mickey Kearns’ connections to Pierce?

1) The new turf football field at Mulroy Park was renamed Pierce Field “to recognize the extraordinary commitment and leadership of Aaron Pierce and the Pierce Family in making the project a reality.” (Common Council Proceedings of 9/20/11.) 

2) On May 15, 2013, Assemblyman Kearns nominates Pierce for a state award: “honoring the contributions of 142 everyday people who are working to make our District a better place, through volunteering, teaching, coaching and anyone who should be recognized for their contribution to the greater good.”

3) The political consulting firm which the media has recently reported as belonging to Steve Casey and Chris Grant, Herd Solutions, is shown in NYS BOE filings as a vendor to the Kearns campaign, though there is not enough expenditure to account for the volume of television and mailings utilized by that campaign:

Amount Date Report
$15,000 3/20/12 2012 27 day Post-Special
$8,500 3/08/12 2012 27 day Post-Special
$2,000 5/10/12 2012 July Periodic
$1,000 5/10/12 2012 July Periodic

It bears mentioning that Herd Solutions has several listed addresses throughout the New York State Board of Elections filings, and the most recent one is in Asheville, North Carolina. The website for “Herd Marketing Solutions” is down, but cached versions promote SEO management, online reputation management, and other public relations-type services. Herd Solutions shows past addresses that include Chris Grant’s home in Akron, an office rental facility at Delaware & North, and a Williamsville residence where a company called “Empowered Stables, LLC” was just registered in February 2015 to a Stephen L. Grant, likely related to Chris, since donations to Collins from Chris Grant appear from that same address in July 2008 reports, (also here to the GOP Committee).

4) Contributions from what are thought to be Aaron Pierce-controlled companies to Mr. Kearns in the 2012 campaign:

2012 Pierce to Kearns
Contributor Amount Date Report
ABCZ Holdings LLC Gowanda, NY $5000 2/28/12 2012 11 Day Pre-Special
AJ Cigar LLC Gowanda, NY $5000 2/03/12 2012 32 day Pre-Special
Hurricane Mgmt Gowanda, NY $5000 2/13/12 2012 32 day Pre-Special
James Bros Wholesale Irving, NY $5000 2/28/12 2012 11 day Pre-Special
Jays Candy & Tobacco LLC Gowanda $5000 2/03/12 2012 32 day Pre-Special
Med Assign LLC Irving NY $5000 2/13/12 2012 32 day Pre-Special
Pierce Munitions Gowanda, NY $5000 2/13/12 2012 32 day Pre-Special
Pierce Nat’l Enterprises Irving, NY $5000 2/28/12 2012 32 day Pre-Special
Red Jacket Mgmt LLC $5000 2/28/12 2012 11 day Pre-Special
Seneca Smoke Shop Gowanda, NY $5000 2/03/12 2012 32 day Pre-Special

That’s $50,000 from one likely contributor exploiting the LLC loophole. The Buffalo News reported that Mr. Kearns acknowledged that these contributions exceeded the allowable limit set forth in the law and pledged to return the excessive amounts.  Nine of these corporations received $900 refunds as reflected in the 11 day pre special report. It also bears mentioning that, for some reason, Kearns’ payments to Herd Solutions don’t show up in a search of the state BOE’s expense database – only by examining the specific disclosures that Kearns made. Something is wrong with the system, and it isn’t properly cross-referencing data.

Steve Pigeon, Gene Caccamise & Bricklayers’ Local 3

On another note, yesterday I used an image for a post that Steve Pigeon had Tweeted in 2013 to rebut an article of mine where I recounted two sources’ recollections that they had heard Governor Cuomo admonish Pigeon to stay out of the Hamister deal in Niagara Falls. Indeed, in all my years of writing about Pigeon, this was the one and only instance where he ever directly addressed one of my posts. He went on to write,

Gene Caccamise. 

Pigeon’s Tweets are dated September 12th, and the primary election had been held on September 10th. The image was taken, and the exchange with the Governor was held on the Sunday before the primary. Pigeon’s AwfulPAC (WNYPC) effectively ceased all activity after September 10th. It was July 2014 when I first began floating the theory that the financial shenanigans surrounding AwfulPAC were much more serious than just your typical run-of-the-mill Pigeoning of local races. In August 2013, the West Seneca town board approved up to $30,000 be spent to undertake an environmental review of the Seneca Mall site, but no one would say why. From the West Seneca Bee,

 

“It seems very cryptic when you read it,” said Hart. “People will wonder what’s going on.”

Meegan said she realized that, but they can’t “spill the beans.”

Hart also told the public that it is the intent of the board to rezone the former Seneca Mall site from industrial to commercial, as per the owner’s request. He said he could not offer much information but did say the proposed development would be a “game-changer” for the town.

 

Game-changer: football stadium? Casino?

AwfulPAC benefited from a huge cash injection from nominal Democrat and pro-life-oh-wait-pro-choice Tim Kennedy. But at the time, a singular donation of $25,000 from the International Union of Bricklayers and Allied Craftworkers Local 3 was quite puzzling, and no one reported on it until I brought it up in July 2014. 

Pigeon’s friend Gene Caccamise was the regional head of that Bricklayer’s Union local until his resignation in March 2015. As to that donation, no one understood why it was made, and it’s glaringly odd because a $25,000 donation would have practically emptied the union’s account. The image above is taken from Pigeon’s WNYPC 2013 11-day pre-primary filing. By contrast, this is what the Bricklayer’s union’s disclosure shows on its corresponding 11-day pre-primary filing: 

We’re meant to believe that a union with only $28,000 on hand is emptying its account to fund the WNYPC? Indeed, a scan of this union local’s intake and outflow shows modest amounts – a few thousand coming in, a few hundred going out. It reports $5,000 to current Rochester Mayor Lovely Warren in its 11-day pre-General. It gave Sean Ryan $500 bucks. Its July 2013 report shows a little over $1,000 to Tim Kennedy, but at no time did the BAC Local 3 report $25,000 to the “WNY Progressive Caucus”, and such an outflow appears on no disclosure report whatsoever.

Could the investigation into where the WNYPC’s money came from – and this apparently falsified contribution from the bricklayer’s union help explain Caccamise’s recent departure? Caccamise remains the “ethics officer” and a member of the board of COMIDA, the Monroe County Industrial Development Agency. Sources say that the Buffalo representative from the Bricklayer’s Local 3 was as surprised as anyone when the contribution to the WNYPC was revealed, and claimed to have no idea why it was made. The theory is that Caccamise was close with developer Scott Congel and with Pigeon, and wanted jobs for the proposed West Seneca development, the renderings for which contained a lot of brick. 

Kristy “Turncoat” Mazurek

Michael Caputo’s PoliticsNY.net broke the story on its “rumors and innuendo” page that former WNYPC treasurer Kristy Mazurek had been granted immunity from prosecution in the ongoing Preetsmas criminal probe, likely in exchange for her cooperation. 

This is all just packed with schadenfreude. In September 2014, Mazurek tried to threaten Shredd and Ragan to not have me on air, adding that a “team of lawyers” was “monitoring” me. I went on air anyway. Fast-forward 9 months, Mazurek is represented by criminal superlawyer Joel Daniels, and has reportedly turned state’s evidence in connection with the ongoing state & fed criminal probe into the “WNY Progressive Caucus”, for which she was treasurer. In just 9 mos, Mazurek has gone from issuing threats to ratting out Pigeon & associates in exchange for immunity.

This confirms what Geoff Kelly and I thought in last week’s podcast, regarding why it was that Mazurek’s home hadn’t been raided. 

Senecas fire Pigeon

Two Tweets Tuesday afternoon from Liz Benjamin: 

 

The Seneca Nation is caught up in a criminal investigation thanks to the guys it hired as lobbyists. Investigators now have whatever records they recovered in last week’s raids on top of subpoenaed bank records likely being analyzed by forensic accountants, and the WNYPC’s own treasurer singing like a canary.

On top of all of this, rumors are swirling about who the real targets are. Clearly, Mazurek was a small fish worth flipping to get to the people who were really in charge. There are rumors that one prominent Republican developer contributed money to the WNYPC by illegally using or reimbursing a conduit, possibly involving a big-name attorney.

Some have suggested that calling this “Preetsmas” is wrong because his office is perhaps not necessarily involved in these investigations. We’re not 100% sure that it’s not, and certainly the US Attorney for the Southern District of NY has, at least, provided the proper environment for this probe to take place.  Bharara’s office took possession of control of the entire Moreland Commission records, which included complaints made against the WNYPC. This is Preetsmas, and on the 4th Day of Preetsmas, my true love gave to me, four rats a-ratting.

No way this is the end of this story. This is only the beginning.

Preetsmas: Tentacles Spreading

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pigeonThe Buffalo News reports that one of the top donors to Steve Pigeon’s and Kristy Mazurek’s “WNY Progressive Caucus” has been in big trouble lately.

Aaron J. Pierce, a Seneca owner of an online cigarette business and a munitions factory,

• In August 2013, a Pierce company called AJ’s Candy & Tobacco was charged – with 17 other defendants – with conspiracy to commit wire fraud and contraband cigarette trafficking. Federal prosecutors said AJ’s Candy was one of several Native American tobacco companies from Western New York that saved hundreds of thousands of dollars by illegally buying and reselling “unstamped” cigarettes.

AJ’s Candy and other companies saved themselves $4.35 a pack by illegally buying cigarettes from a Missouri company that had not paid New York state excise taxes, prosecutors charged.

Court papers show that, last August, AJ’s Candy & Tobacco was sentenced after taking a corporate guilty plea, admitting to felony charges of conspiracy to commit wire fraud and contraband cigarette trafficking. The company agreed to pay just over $1 million in fines, judgments and restitution. The company was put on probation for two years. Pierce – who signed the plea agreement on the company’s behalf – agreed that the company would not sell any cigarettes except those made by his own companies for two years.

The charges against AJ’s Candy & Tobacco and 17 other defendants followed a lengthy undercover investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives. The defendants in the case purchased a total of $17 million in illegally untaxed cigarettes during the undercover probe, said U.S. Attorney Tammy Dickenson, in Kansas City, Mo.

• In April of this year, Pierce and another of his companies – AJ’s Wholesale LLC of Irving – agreed to pay $400,000 to federal prosecutors in Buffalo to settle a non-criminal forfeiture case.

Federal prosecutors filed the forfeiture action against Pierce and AJ’s Wholesale in February, after ATF agents determined that AJ’s unlawfully bought and resold more than 403,000 cartons of untaxed cigarettes between September 2012 and January 2013, Assistant U.S. Attorney Richard D. Kaufman said in court papers.

A court order directing Pierce and AJ’s Wholesale to pay $400,000 to the federal government was signed by District Judge Richard J. Arcara on April 19. Another document, called a “stipulation for settlement and forfeiture,” was signed by Pierce and Pigeon – acting as an attorney for Pierce – on March 24.

AJ’s Wholesale, the company involved in the $400,000 forfeiture action, is the same Pierce company that donated $30,000 to Pigeon’s PAC in September 2013, government documents show.

Pierce is also a big donor to Assemblyman Mickey Kearns – so much so that Kearns had a ballpark named after Pierce.

When this all gets written up and we know all the ins and outs, remember that the question is where the money came from to fund the WNYPC. It was rumored to be Seneca money, and the evidence is mounting that this is true. Pierce’s quoted lawyer – Ed Betz – is a close associate of Pigeon protege Jack O’Donnell, and was hired as counsel for the Erie County Water Authority when O’Donnell was a commissioner.

Also, in case you missed it, Ken Kruly’s blog has a list of the lawyers all the targets of the Preetsmas probe have retained,

  • Steve Pigeon – represented by Dennis Vacco and Paul Cambria
  • Steve Casey – represented by Rod Personius
  • Chris Grant – represented by Thomas Eoannou
  • Tim Kennedy – represented by Terry Connors
  • Kristi Mazurek – represented by Joel Daniels

That reads like a who’s who of local lawyers you hire when you’re accused of really, really serious stuff. Also – Tim Kennedy?!

So far, the only thing missing is how the Albany-based accused cult NXIVM fits into all of this. Because I’m convinced that this investigation’s scope and timeframe is much wider than is being reported.

Kearns Defeats Fahey in A-145

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Kearns, LoCurto, Rivera

Photo by Flickr user Whitney Arlene

Mickey Kearns? Really? 

The 15% of the electorate who turned out elected a Democrat running as a Republican whose only recognizable platform plank was to do battle with Shelly Silver?  Kearns has said he’ll caucus with the Democrats – so Republican efforts to spin this as a victory will ring particularly hollow. 

The New York State Assembly is a particularly malignant and useless construct. On the one hand, you have majority leader Sheldon Silver, who rules his Democratic caucus with an iron fist. On the other hand, you have a collection of the most useless political castrati – the Assembly Republicans. To call the Assembly a legislature is an insult to the notion of democratic representative lawmaking. To call a member “independent” is synonymous with “impotent”. 

That’s why, when I have in the past advocated for a nonpartisan unicameral legislature, I’ve made it clear that we can’t just abolish the Senate and supplant it with the Assembly. Each redundant body is dysfunctional in its own way. 

Yesterday I posted a perfectly benign reminder that an election was taking place and that people who live in that district should go out and vote. I didn’t endorse or attack either candidate, except to say that Kearns’ run as a “Republican” was, to me, inexplicable. Of course, I had some knuckle-dragging Republican attack me for that, and longtime commenter Starbuck, who is quite reasonable although I disagree with him, pointed out that it was “quite explicable” because of party bosses and giving people a choice and Sheldon Silver and Len Lenihan. 

Yes, I understand that Kearns’ ambition would not be stopped by such trivial matters such as party loyalty or ideological consistency. Such is the nature of politics and politicians – win at all costs, even if you jettison your principles.

(By the way, if Carl Paladino and his insult billboardatorium really want to be rid of Sheldon Silver, perhaps he could help find, fund, and support a challenger to Sheldon Silver down in Manhattan. That might actually work.) 

Chris Fahey isn’t a Higgins puppet despite his ties to Higgins’ office, and so what if he was? Brian Higgins is – and has been – among the best representatives of Buffalo and Western New York throughout his political career. While not perfect, he has done tremendous good especially when it comes to waterfront revitalization. Fahey is a bright guy and he’ll do great things – he’s a well-respected and thoughtful behind-the-scenes policy researcher and formulator – a wonk’s wonk. 

Much was made of Kearns’ ties to Carl Paladino, but that support amounted to a few thousand dollars and a Palinesque Facebook post here and there. 

The winner here isn’t Paladino, it’s Byron Brown, who has rid himself of another troublesome common councilmember. Kearns’ vacancy will be filled by the other councilmembers – and the council is now made up primarily of Brown allies, so Brown has an opportunity to further consolidate his control of the city’s policies. Probably one of those unintended circumstances we often read about.  I suppose this indirectly benefits any Republican running in a countywide race, thanks to the longstanding, well-known but denied agreement between Brown and the GOP that no Republican challenger will come to the plate in November, thus suppressing city turnout.

Funny how similar it is to write about Erie County politics as it is to write about, say, organized crime. 

The coverage of this contest was a ridiculous recitation of who’s ahead, who’s behind in the horserace. Aside from his rejection of Sheldon Silver, what’s Mickey Kearns going to do in Albany? Aside from his ties to Brian Higgins, what would Fahey have done there? Well, Fahey outlined a few plans he has to make the environment better for creating jobs. These guys deserved pointed questions about reform, Albany dysfunction, the Cuomo agenda, abolishing authorities, reduction of state corruption, etc. Instead, we got questions about party labels and who was whose puppet. 

Being a maverick isn’t policy – it’s politics. 

Congratulations to Mickey Kearns. I look forward to the analysis of his almost-inevitable rapprochement with Shelly Silver, or his switch to the Republican Party (one of these is going to have to happen if Kearns is going to accomplish much else besides becoming a master Sudoku player.)

Now, let’s see whom Paladino recruits to run against Higgins himself this November.