18 November 2021: JCOPE's Dysfunction May Block Clawback of Cuomo's Book Deal Millions

Andrew Cuomo may keep $5.1M COVID payday despite JCOPE reversal: experts

This report describes how the long-running dysfunctionality of the Joint Committee on Public Ethics (JCOPE) may undermine its attempt to force Andrew M. Cuomo to give up the $5.12 million in proceeds he gained from his controversial pandemic "leadership" book deal.

Former JCOPE commissioner Ellen Yaroshefsky said she believes the watchdog panel acted within its authority by concluding that Cuomo violated the agreement not to use government resources when canceling its prior approval of the publishing of his book, “American Crisis: Leadership Lessons from the COVID-19 Pandemic.”

Cuomo rushed through preparation and publishing of the big-bucks book in the middle of the pandemic, amid the deaths of tens of thousands of nursing home residents and other New Yorkers, provoking outrage and federal and state investigations.

But Yaroshefsky, an ethics law professor at Hofstra University, said the problem is the new decision is “consistent with JCOPE’s pattern of inconsistency.”

“They should win in court — but you never know. It’s also political,” said Yaroshefsky, who served on JCOPE after its creation from 2012 to 2014 and resigned in protest over meddling in its deliberations by Cuomo’s office.

“There’s a question of whether JCOPE followed their own processes. It’s not a slam dunk in court because of the bizarre history of JCOPE,” she said....

“The entire process has been political from the very beginning [of JCOPE’s creation]. That could affect things. The book contract didn’t go to the full commission. Now it goes to the full commission. It’s bizarre.”

The report continues to cite several other legal experts, who agree that JCOPE itself has been a historic disaster and that its ability to compel Cuomo to "disgorge" the proceeds from his book contract is far from certain. But here's the real final word on the topic in the report:

Months of litigation is likely.