Disgraced ex-Gov. Andrew Cuomo may have to give up royalties from his $5.1 million book deal if he violated New York law by using staffers to help write it, state ethics official says
Ex-New York Gov. Andrew Cuomo could be forced to return royalties he earned from his $5.1 million book deal - not just face a fine - if he violated New York law, officials said at a Wednesday ethics committee hearing in New York.
Cuomo's book deal currently is the subject of an investigation from the New York attorney general's office and the New York State Assembly's judiciary committee to determine whether Cuomo violated ethics rules when government staffers worked on his book.
Cuomo claims his aides offered their time voluntarily and denies the allegations.
It's likely ex-New York Gov. Andrew Cuomo (pictured) could be forced to return royalties he earned from his $5.1 million book deal if he violated New York law, officials said at a Wednesday ethics committee hearing in New York
Cuomo's book deal currently is the subject of an investigation from the New York attorney general's office and the New York State Assembly's judiciary committee
Throughout Wednesday's state Senate Ethics Committee, State Sen. Dan Stec (R-Queensbury) questioned Joint Commission on Public Ethics (JCOPE) executive director Judge Sanford Berland on whether the panel was confident in retrieving profits gained from Cuomo's memoir, 'American Crisis: Leadership Lessons and the COVID-19 Pandemic.'
'If the financial gain is significantly more than any fines or penalties [that] can be invoked, there's an obvious encouragement for the behavior… if I get a $5,000 fine for a $5 million book deal — that's not much of a deterrent,' Stec mentioned.
'So I guess my question is, again, hypothetically, if financial gain is significant, is there a mechanism for JCOPE to claw back beyond just a standard fine or penalty, but the actual gain itself?'
Berland responded that the statute provides 'for a penalty that includes recoupment of the compensation or benefits received by the individual.'
But he argued the move to take back the royalties as a penalty would need to be voted on by a full panel of JCOPE commissioners and could face legal challenges.
During Wednesday's state Senate Ethics Committee, State Sen. Dan Stec (right) probed Joint Commission on Public Ethics (JCOPE) executive director Judge Sanford Berland (left) on whether the panel was confident in retrieving profits gained from Cuomo's memoir, 'American Crisis: Leadership Lessons and the COVID-19 Pandemic'
Gov. Andrew Cuomo talks on a mobile phone at the New York state Executive Mansion in Albany, N.Y. on Saturday Aug. 7, 2021
In addition, State Attorney General Letitia James' office is conducting an investigation into the matter, following a criminal referral by Comptroller Tom DiNapoli.
Following its October 2020 release, the book immediately became a New York Times bestseller, during a time when Cuomo was still favorable among his constituents for guiding New York through the COVID-19 pandemic.
The book was tied to the governor's daily COVID-19 briefings in 2020 during the height of the pandemic in New York.
Crown Publishing offered the former governor more than $5 million for the manuscript - a risk considering Cuomo's previous memoir sold fewer than 4,000 hardcover copies.
Tax records show Cuomo received the bulk of his advance, $3.12 million in 2020 and is expected to receive an additional $2 million in installments over the next two years.
After sexual assault allegations against Cuomo surfaced in late February, Crown tried to distance itself from Cuomo, canceling plans for a paperback version in addition to halting promotion.
Accusations: Cuomo was accused by several women of sexual misconduct, and an investigation concluded that the governor 'sexually harassed multiple women'
New York's public officer's law requires vetting and approval from the ethics agency on matters relating to outside income and prohibits elected officials from engaging in situations benefiting themselves.
The hearing also revealed that JCOPE staffers silently approved Cuomo's request to write the book without a full panel vote, resulting in tension among JCOPE commissioners.
'We promulgated a rule having to do with applications for outside activity — meaning outside income. The rule requires a vote of the commission. But there was no vote on the book deal, in fact it was never presented to us. The staff took the position that no vote of the commission was necessary. I will move tomorrow to rescind the informal opinion,' said Commissioner Gary Lavine.
During Thursday's public session of JCOPE's meeting, Lavine said he plans on making a motion to revoke approval for Cuomo's book deal.
Cuomo would have 10 business days to reapply for approval if the measure is voted on and approved.
After reviewing the application, the panel will then vote to deny or greenlight the request at a future meeting.
The hearing came one day after Cuomo was stripped of the Emmy he won for his primetime pandemic briefings.
On Tuesday, a day after Cuomo left the governor's mansion, the academy said it was taking back the award.
'The International Academy announced today that in light of the New York attorney general´s report, and Andrew Cuomo´s subsequent resignation as governor, it is rescinding his special 2020 International Emmy Award,' the organization said in a statement to AFP.
'His name and any reference to his receiving the award will be eliminated from International Academy materials going forward.'
The one-time Democratic Party heavyweight won global plaudits for his straight-talking television performances about the coronavirus as it raged though the United States in early 2020.
His performances, which came as then-president Donald Trump sowed confusion with incoherent messages about the health crisis, earned him the International Emmy Founders Award.
Past recipients of the award include Oprah Winfrey, Stephen Spielberg and Downton Abbey creator Julian Fellowes.
No comments