On the Fourth Day of Preetsmas

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 Kennedybut 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.

Dyster Refuses to Appear in Entercom Promotional Skit

This morning, our local morning conservative advocacy radio station “News” radio station ambushed Niagara Falls Mayor Paul Dyster in-studio. Mohawk radio commentator John Kane was also in-studio because he happens to host a native American themed radio show on another Entercom-owned AM radio station, WWKB. (Kane’s is one of the only locally-produced shows on KB). Kane is outspoken in his support of Indian causes, and has been blisteringly critical of various New York State bureaucrats and elected officials. 

Dyster wasn’t told there’d be a debate, wasn’t told he’d be attacked or criticized, and appeared simply to discuss the deal the Senecas reached with the State yesterday, which will release $89 million in withheld Seneca casino payments to the City of Niagara Falls. 

As with all litigation and adversarial proceedings, the parties were not seeing eye-to-eye during the process, and things were done and said that have now been excused, forgiven, compromised, and set aside. With yesterday’s settlement, Cuomo went so far as to acknowledge that the state had done the Senecas wrong, and everyone walked away happy with the outcome. 

Except John Kane, who spent the morning seated next to the Niagara Falls mayor, accusing Dyster of having behaved horribly, and otherwise relitigating the last several years’ worth of conflict that another Indian Nation had been engaged in with the State of New York and City of Niagara Falls. Dyster hadn’t come there to be insulted or falsely accused. 

No longer a News outlet, WBEN has actively made itself and its fellow Entercom employee part of the story. 

My God, the mullet : news ratio is way too high at Entercom. But surely the bright and intelligent folks who listen to conservative talk radio have nothing but reasonable, conservative things to say about it all? 

Chris Clinton and Edwin Rajewski obviously don’t like DEMONcrats like Paul Dyster, but they go so far as to change Dyster’s name to “Dykster”, invoking a word used to express hatred and homophobia to homosexual females. That seems irrelevant, doesn’t it? Given WBEN’s penchant for reading idiotic Facebook posts on the radio, (including, but not limited, to the tragic sadness of having morning straight-news anchor Susan Rose reading “el-oh-el” over the air), why weren’t the “Dykester” comments given that treatment? 

But lo, here comes Erie County resident and anti-Maziarz, anti-Cuomo concern-troll John L. “Rus” Thompson – the first name in compromise and diplomacy

What I know is that you usually show enough deference to an elected official to let him know when he’s walking into an ambush on live radio. What I know is that it is bad form to relitigate all the real and perceived slights you’ve absorbed during an adversarial process in public, on the air, the day after a compromise settlement has been reached; especially if the person doing the relitigating wasn’t part of the dispute in the first place. 

Mayor Dyster could have sat there and taken insult after insult from some radio guy doing promotion on Entercom for his Entercom show, but he was not wrong in getting up and letting the station know that he hadn’t agreed to that.

UPDATE: to underscore that this was little more than an Entercom-generated publicity stunt for a show no one listens to, read Entercom operations director (and Susan Rose’s husband’s) obnoxious admission that Dyster was ambushed, and praising his radio host for turning himself and the station into the story. 

Seneca Anti-Grisanti PR Gone Bad (UPDATED x2)

I realize that the facts are still fluid with respect to the night that State Senator Mark Grisanti and his wife had at the Seneca Niagara Casino this past weekend. I don’t know how intoxicated anyone was, but whoever was the physical aggressor(s) here is in the wrong. 

The Grisantis got out front of the story right away over the weekend, and Seneca loyalists pushed back hard on Monday, accusing Grisanti of “sticking his nose in” where it didn’t belong, and of being intoxicated; neither of which justify being physically pummeled, incidentally. 

I think the incident highlights the primary reason why the Pataki deal to allow the Senecas to annex sovereign exclaves in downtown Buffalo and Niagara Falls was so fundamentally wrongheaded. If we’re to have class III casino gaming in these cities, then it should be legal, tightly regulated, and well taxed. Instead, we’ve permitted a situation where a foreign nation is able to carve out a swath of downtown with dubious police and court jurisdiction when we have alleged crimes and altercations such as this. 

Yesterday, a young Buffalonian named Matt Ricchiazzi inserted himself into the Grisanti matter. Ricchiazzi is a relatively recent Cornell graduate, and has somewhat famously failed to make the ballot in just about every political race he’s run.  He’s had some good ideas for Buffalo under the auspices of his changebuffalo.org, but the perception in the political community is that he wants a fast track to political power without doing much grassroots-type legwork, like becoming a committeeman, for instance. He was, at last check, a supporter of Senator Grisanti, even after the passage of same-sex marriage legislation last year. 

However, Ricchiazzi’s most recent known employment was with Seneca Holdings, LLP, the Seneca Nation’s investment entity. I don’t know whether he is a registered Seneca, but his “religious views” are listed at Facebook as “Haudenosaunne/Ongweo:weh”. 

In the wake of the Grisantis-go-to-the-Casino story, Ricchiazzi took to a Twitter account he seldom (if ever) previously used, and has just as quickly deleted. Because his Twitter account has been deleted, I had to scan through a cached version of the Twitter apps on my phone: 

Ricchiazzi was incensed that the media were reporting that “Seneca businessmen” at the bar had beaten the Grisantis without provokation. He was pushing a story that Grisanti was extremely intoxicated and belligerent, and took to Twitter to argue with Grisanti supporter and Republican political strategist Michael Caputo. 

 

Later in the day, I received an email from Ricchiazzi, as did just about every other current and former journalist and commentator working in Buffalo. Including a few weatherpeople.

 

I emailed him back,

 

WGRZ’s Michael Wooten echoed my request, to which Ricchiazzi responded, 

When I asked him if he was speaking on behalf of the Seneca Nation, he replied that he was not; that he was speaking only as an individual. 

So, why did Ricchiazzi suddenly quiet down and delete his Twitter account? Sources close to the Grisanti camp say that Ricchiazzi has been contacted by the authorities. Over the weekend, Ricchiazzi sent text messages to Senator Grisanti and his chief of staff, Doug Curella. In those text messages, which have been turned over to the police, Ricchiazzi claims that he saw the surveillance and knows that Grisanti and his wife were drunk instigators, that the Senator used a racial slur, and that Ricchiazzi would run a Republican to primary Grisanti on that line, in conjunction with a relentless smear campaign. This would likely set up a 3-way race, as Carl Paladino (a genuine, if flawed, player in Republican politics) has already pledged to support a right-wing primary against Grisanti. 

But Ricchiazzi apparently went one step too far – in one text, he allegedly demanded a $20,000/month job from Grisanti in exchange for his silence and to prevent him from smearing and running a candidate against the Senator. Obviously, Grisanti’s team was tickled by the idea of a kid who couldn’t get on the ballot for the the Buffalo school board throwing fictitious political weight around, but the demand for money was more insidious and likely illegal extortion or blackmail. The Grisanti aide who received the text replied that this demand was completely inappropriate, and Ricchiazzi “withdrew” his “offer”. 

Yet sources close to the Senator also say that Ricchiazzi sent a text message to Grisanti himself on Saturday, expressing shock and dismay at what had happened to him and his wife at the casino. In it, Ricchiazzi told the Senator to sue the casino and the Senecas for the assault, and that Ricchiazzi could act as an advisor against the Senecas on the Senator’s behalf. 

Larceny by extortion is defined in New York’s Penal Law 155.05(2)(e) when a person, “compels or induces another person to deliver … property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will: … Accuse some person of a crime or cause criminal charges to be instituted against him; or (v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; …or (ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships.”

It would appear that Ricchiazzi’s texts threatened to accuse Grisanti of criminal or socially unacceptable behavior if Grisanti didn’t pay Ricchiazzi $20,000/mo. Police are investigating the matter.  The Buffalo News obtained vertical iPhone video of the fight’s aftermath, and it is silent due to profanity, and the News says no one uses a racial epithet. It’s not really conclusive of much.  The Niagara Falls Police are not bringing any criminal charges. But whatever PR headway the Senecas may be making with respect to this incident, Ricchiazzi’s self-insertion in the controversy hasn’t furthered that effort. 

http://c.brightcove.com/services/viewer/federated_f9?isVid=1&isUI=1

At 8pm Monday night, I emailed Ricchiazzi for a comment, informing him that I was running with this story regarding his text messages to the Senator and his aide, and noting the deletion of his Twitter account. I told him I would be completing my story at 6:30am on Tuesday. Apart from a “Thanks!”, I have not received anything more substantive from Mr. Ricchiazzi.  

UPDATE:  I called Phil Pantano, the spokesperson for Seneca Gaming, who informs me that he’s never heard of Mr. Ricchiazzi, that he’s had no contact with Mr. Ricchiazzi, and that whatever Mr. Ricchiazzi was trying to do was not in any way solicited or sanctioned by the Seneca Gaming Corporation. Mr. Ricchiazzi emailed me after this post went up to say, 

I’d be happy to tell you the story — and a lot of other stories on Grisanti’s office that pale in comparison to this recent incident.  We should meet for coffee sometime and discuss. Let me know when you’re free.
 
Looking forward to speaking with you,

 

UPDATE x2: Mr. Ricchiazzi emails as follows: 

My text message to Mark on Saturday morning was in the context of just having read initial media reports, which suggested that Maria was horrifically beaten. I spent 5 months of my life helping Grisanti get elected, and Maria has treated me so kindly. She is such a nice, gracious, beautiful person. I wanted to make sure Maria was alright, and at that time I encouraged Mark to file a lawsuit.

After I realized that Mark was using the racist stereotype of “drunk Indians” as an escape goat for his own drunken intoxication, I was upset that Doug would recommend such an inappropriate and racist media strategy. As a friend, I told Doug that the video and audio footage that exists is damning and is a political liability.

Via text message to Doug, I offered to help them walk back their racism as a media consultant, and told them my monthly rate, which is not unreasonable for the industry. Doug misinterpreted me trying to be helpful as a threat, and responded offensively, as if I was trying to demand something from them.

I was offended by his reaction to my offer of help, and even more deeply offended by their use of racism and unfair stereotypes against Native Americans — and I will be saying so publicly to combat this type of bias. Political speech is the most legally protected of all speech.

I did not commit, consider, or attempt to do anything illegal.

I’m puzzled by your characterization of this situation, which I frankly don’t understand. I don’t see how I’m the story, or how I’m central to this situation. I took extensive coursework in indigenous political theory as an undergraduate, and I’m an activist on Native issues. That’s all.

He also adds: 

I’m not affiliated with the Seneca Nation of Indians. I’m Cayuga, bear clan. My usage of the word “us” that you cite, I admit, was too loose.