Supreme Court tosses conviction of Andrew Cuomo pal Joe Percoco
The US Supreme Court on Thursday threw out the fraud conviction of Joseph Percoco, the once-powerful top aide and longtime pal of disgraced former Gov. Andrew Cuomo.
Percoco — whom Cuomo once publicly likened to a brother — was found guilty in 2018 of conspiracy to commit “honest services” fraud after pocketing more than $300,000 from executives at two companies doing business with the state.
In his appeal, Percoco maintained that the payments he took in 2014 weren’t bribes because he was on leave from his government job and working for Cuomo’s re-election campaign at the time.
Writing for a unanimous court, Justice Samuel Alito found the jurors in Percoco’s case were given “erroneous” instructions that were “too vague” regarding the federal honest services law that prejudiced the defendant.
“The jury instructions did not define ‘the intangible right of honest services’ with sufficient definiteness that ordinary people can understand what conduct is prohibited” or “in a manner that does not encourage arbitrary and discriminatory enforcement,” wrote Alito, citing the court’s 2016 ruling overturning the conviction of former Virginia Gov. Bob McDonnell on bribery charges.
The US Supreme Court threw out the conviction of Joseph Percoco, the former aide and longtime friend of Andrew Cuomo. Getty Images
Andrew Cuomo resigned from office under the threat of impeachment in August 2021 after a number of women accused him of sexual harassment and misconduct. Getty Images for Tribeca Festival
Madeline Cuomo, Andrew’s sister and a longtime friend of Percoco who helped raise funds for his legal defense, said in response to the decision: “Justice prevailed.”
In a separate ruling, also unanimous, the high court also tossed out a bid-rigging conviction of Buffalo real estate executive Louis Ciminelli connected to then-Gov. Cuomo’s “Buffalo Billion” economic development program.
That decision also said jurors were given erroneous instructions about the crime.
In 2018, Percoco was found guilty of conspiracy to commit “honest services” fraud after pocketing more than $300,000 from executives at two companies. Getty Images
The cases were brought by former Manhattan US Attorney Preet Bharara.
In the Percoco case, Justice Neil Gorsuch, in a concurring opinion joined by Justice Clarence Thomas, blamed Congress for writing an imprecise law on what constitutes honest services fraud or corruption.
“Under our system of separated powers, the Legislative Branch must do the hard work of writing federal criminal laws. Congress cannot give the Judiciary uncut marble with instructions to chip away all that does not resemble David,” Gorsuch wrote.
“Doubtless, Congress had high and worthy intentions when it enacted [the law]. But it must do more than invoke an aspirational phrase and leave it to prosecutors and judges to make things up as they go along. The Legislature must identify the conduct it wishes to prohibit. And its prohibition must be knowable in advance — not a lesson to be learned by individuals only when the prosecutor comes calling or the judge debuts a novel charging instruction. Perhaps Congress will someday set things right by revising
[the law] to provide the clarity it desperately needs. Until then, this Court should decline further invitations to invent rather than interpret this law.”
In his appeal, Percoco maintained that the payments he took in 2014 weren’t bribes because he was on leave and was working for Cuomo’s re-election campaign at the time. AP
Percoco was convicted of soliciting bribes from the Competitive Power Ventures energy company.
Government watchdogs were disappointed with the ruling but echoed Gorsuch by saying it was up to New York lawmakers to toughen the state’s anti-corruption laws instead of relying on the feds.
“We have to pick up the slack and strengthen our own laws and enforce them,” said Rachael Fauss, senior policy director with Reinvent Albany.
Cuomo resigned from office in disgrace under the threat of impeachment in August 2021 after a slew of women accused him of sexual harassment and misconduct.
He denied wrongdoing, but a scathing investigative report by state Attorney General Letitia James substantiated the claims.
Source: New York Post
