8 September 2021: NY Atty General Subpoenas JCOPE to Produce Cuomo Book Deal Records

Ethics agency subpoenaed in investigation of Cuomo's book

Andrew M. Cuomo's pandemic "leadership" book deal plays a significant role in his administration's COVID nursing home deaths scandals. The $5.12 million deal provided a strong financial incentive for him to cover-up the full extent of COVID deaths among New York's nursing home residents, while the book provided a means to promote the success of his "leadership" to enhance his political reputation and opportunities.

The following excerpt from the report explains why the actions those incentives motivated involving the state's official ethical watchdog commission (JCOPE) are now the subject of the state attorney general's criminal investigation.

Attorney General Letitia James’ office has issued a subpoena to the state Joint Commission on Public Ethics for its records on Gov. Andrew M. Cuomo's book chronicling his administration's early response to the coronavirus pandemic, the Times Union has learned.

The subpoena was issued in connection with a criminal investigation that the attorney general is conducting into whether Cuomo's use of government workers to assist him in writing the book violated any laws.

James’ issuance of a grand jury subpoena in the matter does not confirm that a grand jury has begun reviewing evidence in the investigation. But it does signal that the investigation into Cuomo's and his staff's potential misuse of government resources for private gain is entering a phase beyond interviews and gathering publicly available records....

The focus of the subpoena is not clear, but JCOPE’s approval was required for Cuomo, as a government official, to write “American Crisis: Leadership Lessons from the COVID-19 Pandemic.” The former governor ultimately revealed that the book deal could pay him more than $5 million.

When Cuomo sought the approval in July 2020, his special counsel Judith Mogul explicitly stated in her letter to JCOPE that government staff would not be used on the book project. Later that month, a top JCOPE staffer approved the project, and cited that specific assurance.

Yet by the time Mogul had sought the approval, Cuomo staff had already been deeply involved in the project, and some JCOPE commissioners believe Cuomo’s office made a material misrepresentation to the panel's staff.

At this point, it's important to note that none of JCOPE's commissioners voted to give a green light to Cuomo to produce the book. The approval was granted by JCOPE's staff, where JCOPE's commissioners are reported to be considering whether they should rescind the approval that was granted.

A decision to rescind approval would open the door for JCOPE to claw back the millions Andrew M. Cuomo received from the book's publisher. For his part, Andrew M. Cuomo transferred $1 million of the proceeds he received into a trust fund for his three daughters, which is a legal tactic that is often deployed by wealthy individuals at risk of such actions to prevent authorities from being able to claw back inappropriately earned income.