Showing posts with label Weiner. Show all posts
Showing posts with label Weiner. Show all posts

Tuesday, December 20, 2011

John Liu And the Mayoral Race: We Are Confronted by A Misfortune. Can Misfortune Be Turned Aside?

Who ever really knows what to expect from a politician? Almost all politicians come equipped with an extremely likeable side, a side to charm you if you just relax and enjoy it. Most often though, when we think of politicians we think of the side that brings infuriating disappointment: They convince us that they can be counted upon to do one thing and then do something quite the contrary.

If no one ever really knows what to expect, who’s to say what we could really expect were New York City Comptroller John Liu to become the next mayor of New York?

The New York Times has recently run two articles counting John Liu out of the race for mayor. One was an assessment of the entire field of candidates running for mayor written by Kate Taylor* and the other was an article that tells us a federal investigation into Liu’s fund-raising practices is continuing with an effort to hunt up more witnesses. (See: To Find the Perfect New York Mayor, Only 2 Years Left, by Kate Taylor, December 11, 2011, and More Liu Donors Said to Be Examined in Fund-Raising Inquiry, by William K. Rashbaum and David W. Chen, December 15, 2011.)

(* The Times seems to be building up Ms. Taylor’s profile with all manner of assignments, some of them rather fluffy and others, like this one, more consequential although her ability to put PR in perspective to discern an accurate big picture is not in evidence.)

The Times articles essentially evaluate as nails in the coffin of Liu’s mayoral race the federal investigation into Liu’s fund-raising. The investigation is the result of an apparently successful FBI sting operation. How bad is it?: The article about who is in the potential field of candidates for mayor doesn’t even include Liu’s picture amongst the panel depicting the panoply of contenders (see above).

If the sting operation succeeds in knocking Liu out of the race it will be unfortunate from the standpoint of Noticing New York's family of concerns in one respect: As the collection of alternative candidates considered in the December 11th Times article emphasizes, no one else likely to run is likely to pose the same threat to the Bloombergian real estate industry-dominated status quo as John Liu. The threat Liu presents to that established order calling the shots in this city is best judged by his record. As a member of the City Council Liu stood out as part of a small minority willing to reject the dictates of Bloomberg’s Quinn (serving as Speaker of the City Council): He voted in a principled manner on projects such as the irredeemably tainted Walentas Dock Street project. As City Comptroller he continued to take on Bloomberg when almost nobody else did.

It is difficult to say for sure what exactly a Liu-as-mayor future would hold because politicians don’t come with guarantees but the other candidates who don’t have Liu’s record aren’t even offering politicians' promises to change the business-as-usual prominence that real estate money gets in this city. If those candidates were, it would contradict their records.

None of this is to endorse the kind of improper fund-raising the FBI sting operation caught the Liu campaign in. It was improper. The Liu campaign was caught taking larger-than-permitted campaign contributions from one individual and then fictitiously ascribing those contributions to multiple other individuals so as to ostensibly come within the per donor contribution limits. If you want to know what I suspect about the way the FBI sting was structured (which is to say it's not what I actually can claim to know), my guess is that the FBI had information leading it to believe that the Liu campaign might already have been engaging in some sort of similar “bundling” practice so that they expected that the campaign would go along when an FBI agent posing as a political donor proposed to structure his contribution in this way. The FBI may now be looking for other witnesses, hoping to show that the result of the sting operation was reflective of a pattern.

Campaigns ought not to engage in such tactics to raise money. As far as we know, during the last mayoral campaign Tony Avella, similarly a foe of the real estate industry’s domination of the local politics, ran a clean fund-raising campaign. He also raised virtually no money when he ran for the Democratic Party nomination, which is why we wound up with Bill Thompson as the Democratic candidate for mayor.

Any candidate running against the real estate powers-that-be in this city is facing an uphill battle in terms of fund-raising. That's because of the outsized value of political favors that are routinely handed out to the big fish in the real estate industry here.* Consequently, a huge amount of money pours in to those who will play this game and not upset this applecart. It's true that wealthy real estate industry executives are similarly subject to limits on the campaign contributions they make but they can get around those limits by having their highly paid employees also contribute to candidates. This can be accomplished, for instance, by having an appreciable portion of bonuses to a number of employees flow right through to a campaign in one nice big bundle. It’s a monied industry so it all adds up very fast.

(* It is worth noting that self-interested political donations from large industries are typically driven by what in economic terms is described as "rent seeking" which means that those making the donations are interested in government handouts for which the donating entities will give the public the least possible in return.)

Does this bundling sound a lot like the prohibited conduct the Liu campaign got stung for? Yes, it does. It is similar and if a real estate boss flowed bonuses to his employees with an overt enforceable directive that all or some of those funds be forwarded as campaign contributions to an identified candidate it would be tantamount to the same thing. Not only that, it would also be illegal. Illegal, yes, but it would be harder to prove and harder to catch in a sting operation. Besides, even if they are not the directing bosses, those who are highly paid in the real estate industry don’t have to be made subject to a directive to understand why it is in their interest to make contributions to those certain candidates likely to bestow benefit upon their companies.

Real estate executives can also send bundles of contributions that exceed the limits to which they are subject as individuals by having family members make campaign contributions. Or they can send funds to a national or central campaign rather than to the campaigns of the particular candidate for whom they have reached their personal donation limit. Handled the right way they will still get credit for future real estate-oriented political favors.

The Times article on the potential field of mayoral candidates in the same sentence that dismissed Liu as politically crippled mentioned that mayoral “hopeful” Anthony D. Weiner was sidelined by scandal. Weiner with his famous tweeted underwear photos (and more important his deceitful denials on the subject) clearly brought himself down, but it also clear that Weiner was targeted when he was brought down, not because he was running for mayor, but because it was valuable for the national Republicans to bring the congressman down. On national issues like healthcare and tax and budget issues Weiner had a spine and a sharp intellect and a sharp tongue. Noticing New York was never likely to have supported Weiner for mayor: Mattering less than the idiosyncrasy of his sex life (though his stupid and dishonest disavowal was very bad) would have been that Weiner did not oppose Atlantic Yards (a critical touchstone for all NYC politicians) and was against bike lanes.

Perhaps the Times article did not need to mention (as it didn't) that also viewed as politically sidelined is another mayoral “hopeful” of the past: Brooklyn Borough President Marty Markowitz. One of the things assisting this safely sidelining of Mr. Markowtiz was the Times own front page story this October about Markowitz's questionable practices when it comes to campaigning and fund-raising; he runs four charities that operate like political campaigns and real estate developers like Forest City Ratner (the Atlantic Yards mega-monopoly supported by Markowitz) pay into them. See: From Brooklyn Office, Mixing Clout and Charity, by Liz Robbins and Alison Leigh Cowan, October 24, 2011.

That October article mentioned that Markowitz “is considering running for mayor in 2013.” Why did the article run when it did? Norman Order in Atlantic Yards Report noted that the Times incorrectly asserted that:
Mr. Markowitz’s role in fund-raising for his nonprofit groups has gone virtually unquestioned.
According to Mr. Oder's correction in his first article on the subject:
No, it hasn't. It has gone virtually unquestioned by the Times. The New York Daily News (9/15/08), the Brooklyn Paper (9/18/08), and the New York Post (10/10/08) were all on this topic three years ago, albeit not in such a thorough manner.
Noticing New York also provided such coverage: Monday, October 20, 2008, “Charity?” We Begin to Groan. That article also noted how City Council Speaker Christine Quinn was caught around the time of her first campaign for mayor using fake charities to route money for political purposes. (Just a few years later she’s now considered a front-runner in the 2013 race.) More important, however, the article described interrelationships between Markowitz’s charities and Bloomberg-controlled charities (Markowitz’s charities get money from the Bloomberg ones) and similarities between what Markowitz does with his charities and Bloomberg does with his.

In a follow-up Atlantic Yards Report article about the Times front page Markowitz story Norman Oder observed, referring back to Noticing New York coverage:
Yes, the Times article focused on real estate firms and businesses that had reason to seek Markowitz's favor.

However, it omitted, curiously, New York City Mayor Mike Bloomberg, who's known for an even more elaborate and sophisticated charity strategy, as Noticing New York's Michael D. D. White has extensively analyzed.
Mr. Oder also offers his thinking that the timing of the Times Markowtiz article can perhaps be explained as an effort to sideline Markowtiz as a mayoral candidate:
Perhaps this article had been in long gestation.

Or maybe it was goosed by supporters of a political rival aiming to ensure that Markowitz, hardly an aggressive campaigner for 2013, stays out of the mayoral race.
Any effort to sideline Markowitz would not be motivated by the fact that Markowtiz doesn’t support the real estate industry. He is certainly an indefatigable supporter of Atlantic Yards in the face of any and all inconvenient facts. The reason to sideline the hyperactive, hyper-promotional Mr. Markowitz is that he is a lose cannon who can't be taken seriously: He's so perpetually a promoter that like Spinal Tap's fabled volume amplifier dials the only way he can surmount his own din is by assigning volumes equivalent to "eleven" and beyond to a scale that tops out at ten.

The Times article about Markowitz engages in a frequent Times stylistic device: It walks right up to the line of proclaiming that something wrong in local politics is illegal and then doesn’t cross it.

Though the Times clearly used the New York City Conflict of Interest Board as a resource to write the Markowitz article it did not in that article communicate the rule that it is illegal for a political official to require a donation to a charity in connection with that individuals’ exercise of a discretionary act by them as a public official. In other words it is illegal to bribe a public official and you can’t get around that rule by taking a bribe in the form of a donation to a charity you identify. The Times article doesn’t communicate that rule but it implies that it is there and that Markowitz has not broken it only in “wink, wink, nudge, nudge” terms.

The article quotes one Markowitz statement that “there was no quid pro quo here” and includes his denials “that there was any connection between donations and his role as borough president” by virtue of which conceptual separations (to the extent they can validly exist) allow Councilwoman Letitia James to say of the Atlantic Yards mega-project (which she opposes) “He [Markowtiz] is taking advantage of a loophole in the law.” (According to the Times article: “Forest City is one of the biggest contributors to Mr. Markowitz’s charities, having given approximately $1.7 million.”) The Times reports that Markowitz, discounting connections, “brushed aside questions about whether donors might feel compelled to give because of his political influence.”

At the same time the Times reports (not speaking specifically about Atlantic Yards) that donors “recalled that he [Markowitz] was relentless, seemingly unable to take no for an answer” and that one donor said “He took my arm and twisted it off — yeah, he more than asked me, he kept coming at me, until finally I said yes.” The intermixes all of this this with accounts of situations where it certainly looks as if well-timed donations went along with Markowitz taking positions favorable to the real estate industry donors, including a Markowitz change in stance on Wal-Mart after a bundle of $150,000 donations from Wal-Mart executives.

You may not believe Markowitz when he is quoted in the Times article as saying, “I am not pitching them to give me money, and me in turn give them anything,” but so long as you can’t prove it wrong you might not have a provable violation of the law however close it may be. Is anyone thinking of an FBI sting operation for this purpose? Maybe not even a sting operation; maybe just a few wiretaps or subpoenaed e-mails instead?

The problem is that deciding to go after Markowitz on this one would raise the Bloomberg question. The Times article flings aside the Bloomberg question somewhat casually, literally with a parenthetical: “Mayor Michael R. Bloomberg, a billionaire, has his own charity that does extensive work in the city, but it is largely self-financed.” “Largely,” maybe (if you don't look at who Bloomberg sells his terminals to) but charitable donations to Bloomberg’s East River art project, Waterfalls, came in from real estate developers with whom the city was doing business, including, again, Atlantic Yard’s Forest City Ratner. And that is just the beginning of the problematic ways in which Bloomberg’s charities are politically used.

Returning to the topic with which we began, the weakening of John Liu as a candidate for mayor as a result of the FBI sting targeting his improper fund-raising techniques: It’s unfortunate that John Liu’s campaign staff didn’t stick to proper procedures to raise money. It’s unfortunate that when the FBI ran a sting operation the Liu campaign got caught doing the wrong thing. It’s unfortunate that the result is that the candidate who was perhaps most likely to usher in change and counter the influence of the real estate industry may have been weakened as a result of the successful sting operation. It’s unfortunate that challenging the real estate industry and raising money to run against candidates financed by the real estate industry is such an uphill, lopsided battle. It’s also unfortunate that a great deal of what is making that battle so uphill and so lopsided involves practices by which the real estate industry contributes huge sums to politicians. It’s unfortunate that these real estate industry practices are permitted without challenge.
(Above, Liu at a local Brooklyn fund-raiser.)

If Liu’s campaign has, as it appears, been weakened, it’s unfortunate because I have limited personal resources to donate to politicians who I think may effectively oppose the real estate industry and I am one of the ones who chose to make a donation to the Liu campaign. (My resources were limited enough so that I was not able to donate up to the full amount of the permissible limit.) If Liu’s campaign is weakened by this FBI sting then it is clear that the limited resources I donated with this cause in mind may go less far as a result. That means my voice is weakened. Although donations to Liu’s campaign may now not go as far as before I am still thinking that I may donate more money to Liu’s campaign in the future. What are my alternatives?

Who ever really knows what to expect from a politician? I am not 100% certain about what to expect from John Liu if he surmounts his present adversity to becomes mayor but it is possible that the real estate industry thought they had a fairly good idea of what to expect from Liu and did not want to see him mayor. Admittedly, that’s a bit of a conspiracy theory about why Liu might have been investigated but it goes along with the question as to why other politicians haven’t been investigated.

Sunday, April 12, 2009

Bloomberg Update: Fire and Ice (Part I)

On Monday, at NYU’s Robert F. Wagner Graduate School for Public Service, Mayor and mayoral candidate Michael R. Bloomberg addressed a large group mostly consisting of individuals from the city’s nonprofit organizations, spending 21 minutes telling them about the ways in which they were going to be getting money from his administration. The title of the address was: “Nonprofits In NYC: Facing the Challenges.” We say “mayoral candidate” Bloomberg because there is no one else campaigning with anywhere near the kind of financial presence of Mr. Bloomberg. Yes, Mr. Bloomberg, the man who became the city’s richest resident while he was mayor, taking his wealth up from about $2 billion to about $20 billion. And it hasn’t yet been two terms. Bloomberg wants a third. During his remarks he joked with casual aplomb about going for a “twelfth term.”

Updates While Looking at the Mayoral Campaign

We are going to use this occasion of the Mayor’s talking to those assembled from the nonprofit community as a chance to talk about the unfolding campaign for mayor and to provide updates to the portrait we painted when looking into the workings of the Bloomberg administration at the beginning of February (Monday, February 2, 2009, The Good News IS the Bad News: Thanks A lot for Mayor Bloomberg’s “Charity.”)

In other words, we will write here about a man of unfathomable wealth who is dedicated to remaining in power and who in the process abuses charities, process and conflicts of interest. Unfathomable wealth? Well you can conclude from what we write further on whether it is possible that Bloomberg is, in fact, so unfathomably wealthy that Bloomberg recently lost $4 billion in personal wealth in a matter of months without the press even noticing when reporting on the subject of the stats of his net worth. In the end, none of this is healthy for the city. We conclude by looking at how the Bloomberg administration’s mismanagement is leaving us with barren salt-sown earth in our urban environment.

The updates here illustrate in a time-microcosm the same concerns we previously wrote about. (For the macrocosm refer to our previous piece.)

Bloomberg Campaign Proceeds Apace Financially With a Ubiquitous Bloomberg Face

Bloomberg’s face is everywhere these days. His campaign advertisements are appearing all over on the back of community newspapers like Chelsea Now. (Click on image.) A Brooklyn Paper story accompanied by Bloomberg’s picture on the front page begins: “Mike Bloomberg wants YOU — to volunteer for his race for a third term. To make it easier, the billionaire mayor opened campaign offices in all five boroughs last weekend . . .” (See: Billionaire Bloomy needs you to volunteer for his campaign, by Gersh Kuntzman, March 30, 2009.)

(Click on images to enlarge, this one from the front page Brooklyn Paper story.)





Bloomberg’s publicists seem to have done good work. If you were riding Amtrack this past month, Bloomberg’s face would have been staring at you from the many covers of Amtrak’s Arrive magazine, slapped onto a story about harnessing wind power that seemed to have very little to do with the expensive high-end picture portraits of Bloomberg incorporated into the magazine.

(BTW: We must acknowledge that in some recently appearing photographs Bloomberg looks pretty good. Is he working out? Losing weight? Are old archived photos being exhumed? Nobody seems to be alleging that he has had any `work done.’)













Bloomberg, Bloomberg everywhere, but you see almost nothing of the opponent candidates. This is partly attributable to the terrific degree to which Bloomberg is outspending his challengers, See the recent New York Times story on the three million his campaign has already acknowledged spending: Bloomberg Spends $3 Million on TV Ads in Mayoral Race, by Michael Barbaro, April 7, 2009.

The $3 million cost of the ads exceeds the combined spending by all of his Democratic rivals since the start of the current election cycle, in 2006.

And it represents nearly half of what the city’s campaign finance laws allow each of his challengers to spend on the race between now and their party’s primary in September.

Without money others may be in the political doldrums, but Bloomberg is pursuing endorsements. He has gotten endorsements from the Independence Party and from the Staten Island Republican Party. The Independence Party’s endorsement is part of a calculated bid to get enough votes to keep its line on the ballot in the future. The fortunes of that party are fading and part of the deal for the party’s endorsement is that “in return for the support. . . that the mayor had offered, among other things, to help pay the costs of promoting him as the party’s candidate.” (See: Bloomberg Is Endorsed by Independence Party, by Fernanda Santos, April 5, 2009.)


Masterful Mayor on Monday

In his remarks on Monday, the mayor, introduced as a “hugely strong supporter of non profits,” did not, for the most part, say that nonprofits were going to get more money from the city. He spent his time talking about the procedural details of the nonprofits continuing to get the money they are already getting. Apparently, there will be less paperwork and procedures will be streamlined and brought up to date with more computer- and web-based support mechanics. (The city also stands ready to help nonprofits save money by conserving energy, group purchasing, and taking advice from the city on better management.) The mayor also did not mention his own substantial private flow of funds to nonprofits.

The mayor’s remarks were masterfully delivered. He seemed supremely confident. We thought about this. To us it seemed the confidence of someone totally in control and who intends to give up none of that control. After his remarks the Mayor sauntered off the stage and an announcement was made on his behalf that he was leaving because he `had no time to answer questions.’

FIRE and ICE

Clearly focused upon on Monday was the new importance of “ICE.” ICE is what we are going to get in the winter of our discontent now that our FIRE is sputtering out. Expect to hear a lot more about it. (For instance: Wednesday, March 11, 2009, With Houses Divided And Revenue Reduced, How Can Legislature Agree on Any Budget? By Henry J. Stern, March 10, 2009)

FIRE, standing for “Finance, Insurance and Real Estate,” is that sector of the economy that has always most preoccupied Bloomberg. It is that sector of the economy where he made his money. It is that sector for which he primarily envisioned building. It is that sector of the economy that, with bubble economics, was driving other sectors out of existence in New York. And now that the bubbles have burst we, as a city, have found ourselves in the lurch. Now we are hearing a new term used to talk about that sector of the economy that is expected to pick up the slack, ICE for “Information, Culture and Education” (or, alternately, until a consensus develops, “Intellectual, Cultural and Educational.”) Other cities that were not so tied to FIRE, cities like Savannah, knew about ICE a long time ago even if it had not yet been so christened. For NYC residents it is just beginning to be talked up, but this has always been an important part of our economy, especially since it includes science, health care and medical schools.

There is also the very peculiar way that the real estate industry has always valued culture, as in “artists.” Artists are viewed as the vanguard that create value in transforming neighborhoods though they then get kicked out when they are out-bid by higher-paid FIRE arrivals.- That’s grist for further rumination to discuss in another article at another time.

Reference to ICE was made in the introduction by New York University President John Sexton that prefaced the mayor’s remarks. Mr. Sexton took responsibility for coming up with the term “ICE.” We think we can recognize an advertising campaign when we hear one, political or not. Not only do we come from a family that included a good many advertising professionals but our aunt, Kay Daly, is credited with coming up with the original Revlon “Fire and Ice” campaign of the `50s, renowned in advertising circles. (See: Fire and Ice, by Andrew Tobias.)



Cold and Clammy Thoughts About ICE

It is not that in paying attention to the ICE sector Bloomberg is switching his attention to something he has never heeded before. The sector is filled with nonprofits and, going back to a time not long before he first ran for mayor, he started making “charitable” contributions to a vast number of institutions in the sector. At last report there were 1,221 recipient groups showing up in his 2008 tax return and that probably leaves out many others receiving his “largesse” via other means, such as the taxpayer-financed gifts from the city or the Mayor’s Fund charity, controlled through City Hall.

It is actually pretty scary to think that FIRE and ICE are considered the two major sectors of the economy and that Bloomberg’s ties to each are so significant. Our wealthiest resident privately does business with most of the firms in the FIRE economy while simultaneously dispensing critical discretionary City Hall favors throughout that sector. That is not to say that Bloomberg doesn’t also do business with many in the ICE sector. The largest nonprofits have substantial endowments to invest and it also seems to be increasingly fashionable for the large nonprofits to think in terms of making killings in real estate. That seems a temptingly easier path to funds than pursuing their missions in more traditional ways. (See: Nonprofits Look for Cash, ‘Salvation' in Real Estate, by Michael Stoler, March 8, 2007 and How Real Estate Bolsters Nonprofits, By by Michael Stoler, May 10, 2007)

Hot and Cold

There is the famous Aesop’s fable of the Shepherd and the Satyr from which comes the phrase to “blow hot and cold in the same breath.” The fable is a tad more enigmatic than some other of Aesop's, founding its inexplicability upon the foreignness of two creatures, one of them mythical, each hailing from a different world. (Notably, the mythical creature, the satyr, has the higher standards while the human, is just, well, just human.) The fable can leave some room for how it is interpreted but most often it is considered to refer to a man who cannot be trusted. It is not the same thing as “running hot and cold” which refers only to simple vacillation. Instead it bespeaks an untrustworthiness born of a devious duality of purpose. What that duality involves or how it problematically undermines the hope of depending on someone to act in accord with a declared purpose is left to be fleshed out by the specific situation when the phrase is applied.

We point out the aptness when, dealing with FIRE and ICE, of applying the “blows hot and cold in the same breath” phrase to Bloomberg who, in the case of both sectors, has a substantial dualities of purpose. He governs the FIRE sector while making his living from it. When it comes to the ICE sector, anyone who receives the “gift” of his “charity,” as we will discuss further, should wonder about the extent to which it should actually be considered a “gift.”

When it comes to Bloomberg, we find ourselves with the satyr, we “will have nought to do with a man who can blow hot and cold with the same breath."

What Did Bloomberg Need to Say to Get His Campaign Message Across With ICE?

We thought it was interesting what the mayor did not have to say on Monday, starting with what we observed about how what he was saying was not about giving the nonprofits MORE of the city’s taxpayer money that flows through the Bloomberg administration. It was sufficient for campaign purposes for Mr. Bloomberg to focus only on the “procedures” by which members of the assembled audience would get money. The mayor never mentioned the funds that he personally gives out (actually or potentially) to these same organizations. Did he need to? Consider this: It was featured news at this initiative-announcement/press conference/campaign event that “returnable” money or possible temporary bridge loans from the city were being increased by $12 million. It was the dollar figure mentioned in terms of new funds being made available. Compared with that, Bloomberg privately is now the source of $235 million or more per year in funds that can be kept as “gifts” and not returned.

Here is what the handout said about the funds for “short-term” use:

The city will more than double the size of the New York City Returnable Grant Fund from $8 million to $20 million- a 150 percent increase - for the next two fiscal years.

(See also, Bloomberg Outlines Initiatives to Assist Nonprofits, 07 April 2009.)


Mr. Bloomberg concluded his remarks by conspicuously informing all of the nonprofit community guests assembled that their point person on dealing with his administration on funding should be First Deputy Mayor Patricia Harris. We have previously written about Ms. Harris (see again: Monday, February 2, 2009, The Good News IS the Bad News: Thanks A lot for Mayor Bloomberg’s “Charity.”) and we have more to say here. Ms. Harris, who came with Mr. Bloomberg from his private sector operations, seems to have problems understanding conflicts of interest and seems to be in the thick of some very disconcerting qui pro quo-ing. Her responsibilities overlap some dangerous areas of concern: charities and big real estate.

Devoiding the Field of Alternatives to Bloomberg

We would hope that checks on the power of Bloomberg as the city’s wealthiest resident would include alternative mayoral candidates with viable campaigns to run against the mayor. There are candidates, but their numbers are declining. Those that exist are having problems raising the funds necessary for the public to find out about them, funds they also need to have good campaign staff and support. More on this later. First, some explanation why.

Mayor’s Abuse of Charities to Deprive Opponents of Political Funding

We previously wrote about how Bloomberg leveraged his “charitable” contributions for political purposes. We wrote about phone calls from high up in the Bloomberg administration scolding the recipients of Bloomberg “charity” for providing financial support to Bloomberg’s political adversaries. (See: Monday, February 2, 2009, The Good News IS the Bad News: Thanks A lot for Mayor Bloomberg’s “Charity.”)

Such high-level discouragement of financial support for his political opponents came from the same deputy mayor, Patricia Harris, entrusted simultaneously with responsibilities for Bloomberg’s“charitable” largesse and overseeing important city and City Hall-influenced decisions significantly affecting the economics of big-developer real estate deals. When last we wrote, we cited the New York Times. Here, as a supplement, is a link to an Observer article we missed that is about the Bloomberg City Hall administration’s use the “charities” to discourage contributing the mayor's political opponents. (See: A Deputy Mayor Hits Culturati On Giff Giving, by Lizzie Ratner and Ben Smith, May 30, 2004.) Yes, that article focuses on First Deputy Mayor Patricia Harris (“Pattie Harris”).

The Observer article covered, if allegations are to be believed, multiple contacts by Ms. Harris. Since essentially the same reported language was used in the case of the two of the three situations where the reporters talked directly to individuals threatened, it is likely Ms. Harris was working from what was essentially a script to make a comprehensively orchestrated set of contacts. Support for Bloomberg’s opponent (Gifford Miller) was viewed as “unfriendly or disloyal" “anybody who donates to Gifford is going to be viewed as disloyal" and “ the Mayor wasn't happy.” (General background: There has also been an article in the New York Post publicly reporting that the mayor was ‘livid’ with those on the list of contributors to Miller.)

Bloomberg administration spokesman, William Cunningham, defended rather than denied the allegations:

He said there was nothing inappropriate in the deputy mayor's questions. "You have a right to ask a question, 'Did you really give money to someone who's working against us? We've been with you for years,'"
Apparently, the implied threat aspect of this (technically denied by Mr. Cunningham) applied both to Bloomberg’s private charitable funding going back for years as referred to above and also, according to those recipients speaking to the reporters, to public funding over which Bloomberg (and Deputy Mayor Harris) did not start exercising control until he assumed the office of mayor in January 2002.

In the article, Gene Russianoff, a senior attorney with the New York Public Interest Research Group, commented:

Ms. Harris' conversations with the Miller contributors could "chill contributions" to Mr. Bloomberg's opponents. "If true, it's inherently coercive for a government employee to be doing that," he said. The City Charter bars deputy mayors from soliciting political contributions, but contains no explicit prohibition on their discouraging contributions to others.
Personally, we doubt such activities by the Bloomberg administration do not transgress the line of what is legally permissible. (In spring 2004, still preoccupied by 9/11, we think that Bloomberg was still in an unexamined honeymoon period with the press.) If the law actually permits Bloomberg such latitude then the problem is that the law is not strict enough. Remember that we are talking about the man who is currently, far and away, the city’s wealthiest citizen who by virtue of being mayor also controls extraordinary public funding. Mr. Russianoff was not clear that Bloomberg was legally home safe with respect to his conduct. His comment extended to include this:

However, the city's Conflicts of Interest Board has been known to censure officials who violate the spirit of the charter's rules.
Given the above we wondered exactly what was meant when we read that the Bloomberg’s Deputy Mayor Edward Skyler, in charge of administration, threatened city’s comptroller, William C. Thompson Jr., a candidate running for mayor against Bloomberg, with “the Gifford [Miller] treatment.” (See: Mayor Trusts Youngest Deputy to Run the City, by Michael Barbaro, April 9, 2009.) It is not clear form the context of this recent Times story what that threat was intended to mean, but however it was intended one must also wonder how it was interpreted by the recipient.

No Rescue in the Times?

While the New York Times has reported on Bloomberg’s abuse of charities for political purposes as front page news, the Times has not yet editorialized directly against it. The Times editorial page nevertheless appears to be very well able to perceive the critical importance of keeping politics and charity separate and has called for appropriate conduct characterizing the following as one in a list of “stunners”:

For more than 50 years, it has been against the law for charities to contribute to politicians. This news appears not to have reached Albany. Danny Hakim and Jeremy Peters recently reported in The Times about how more than 80 tax-exempt charities have been doling out money to helpful state politicians.

Some of the charities said they simply “goofed,” even though they appear to have received favors from politicians they supported. Charities should know better; the illegal money, meanwhile, should be returned.
(See the editorial: Albany Syndrome, March 20, 2009 and see also the story to which it referred: Charities Give to State Campaigns, Despite Law, by Danny Hakim and Jeremy W. Peters, March 16, 2009.)

Speaking in general terms, the concerns the Times editorial confronted involved quid pro quo exchanges between politicians and charities wherein a charity forsakes its obligation to benefit the public in a nonpolitical, neutral fashion. When charities abandon their obligation to benefit the public nonpolitically and neutrally as a result of such quid pro quo exchanges, there is an amplification of concern because, with special privileges to avoid taxes, the quid pro quo exchanges can have disproportionately large economic impacts. This applies to the Bloomberg situations as well.

The Times editorial which had a few other complaints about conduct and failure to clean house in New York bemoaned: “The news from Albany these days is filled with evidence of dysfunction and allegations of full-blown illegality.” But if the New York Times as the paper of record presides over dysfunctional politics in New York perhaps it bears much of the responsibility itself by not reporting what it should and by not calling for appropriate conduct as and when it should.

We have previously pointed out that by prematurely supporting a third term for Bloomberg in ill-considered fashion, the Times editorial page is now often in the feckless position of calling for better conduct from Bloomberg after the fact. (See: Saturday, November 15, 2008, The Mayor, The Times’ Timing, and a Proper Ordering.) We have been accumulating a growing list of such too-late editorials chasing after the mayor. If the New York Times ever does editorialize against Bloombergian abuse of charities it seems we will just have to add that editorial to the list.

Might It Be Goose and Gander With Ms. Harris?

If charities are abused this way by Ms. Harris to downwardly manipulate contributions to Bloomberg opponents, we must necessarily speculate about how impartially Ms. Harris handles City Hall’s ability to make discretionary decisions with respect to large real estate projects since this is also a responsibility assigned to her purview. We view it as problem that so much of local New York City politics is funded by the political contributions of real estate developers. We view it as a problem, but is nonetheless a reality that such political contributions sort of set the bar in terms of what people expect. People have come to expect the well-funded well-staffed kind of campaigns they see when campaigns are taking money from real estate developers. But if Ms. Harris can dissuade real estate developers from making contributions to Bloomberg’s opponents, then you won’t see them running those kinds of campaigns.

Other Mayoral Candidates: Those Who Are NOT Taking Contributions From Real Estate Developers

One of the candidates running against Bloomberg, City Councilman Tony Avella, is not going to have the problem of Bloomberg or Patricia Harris dissuading real estate developers from making contributions to his opposition campaign. Candidate Avella does not take contributions from real estate developers. He made this point at the March 7, 2009 15th annual Historic Districts Council (HDC) conference, Communities and Cornices: Preservation in a Political World, where all the mayoral candidates were invited to speak. (Mr. Bloomberg didn’t avail himself of the invitation and Comptroller William Thompson also did not come.) We were there. In the Q&A session, after Mr. Avella made the point that he was the only major candidate to that didn’t accept contributions from real estate developers except for Mr. Bloomberg, we corrected Mr. Avella: We pointed out that Mr. Bloomberg essentially does take political contributions from real estate developers since Bloomberg causes real estate developers to contribute to charities he designates and he then uses those charities for political purposes. (See: Monday, October 20, 2008, “Charity?” We Begin to Groan.)

There is another candidate who is not taking money from developers, Billy Talen, better known as Reverend Billy.

Tony Avella can run a campaign on the merits, pointing out the fact that he is consistently on the right side when it comes to development issues. He is on the right side even when that means taking a lonely position and he is on the right side of other important issues such as opposing the repeal of term limits in the fashion it was done. While he can run a campaign based on these merits, he is not running a very well-financed campaign and that probably causes many to judge him as running what looks like a campaign that could be higher profile and better run.

Reverend Billy’s core positions are probably not so different than Councilman Avella’s. He is a robust critic of the venality in the real estate industry. We hope that Reverend Billy can make up for, with showmanship, what must also be a very small campaign purse.

Other Candidates in the Somewhat Devoided Field of Alternatives to Bloomberg

The other candidates running against Bloomberg were Anthony Weiner and William C. Thompson.

As noted, William C. Thompson, City Comptroller and the candidate viewed as the strongest opponent to Bloomberg, didn’t speak at the HDC conference.

Mr. Weiner spoke earnestly, addressing himself to preservation issues, but he left without a Q&A session. This was ascribed to a lack of time, but we wondered whether it should be attributed to an unease about whether the audience would be friendly. Among other things, it has been predicted that Mr. Weiner would, as mayor, be on the wrong side when it came to preserving a viable Coney Island amusement park.

More on our mind when Mr. Weiner spoke was the predication we had heard that he was about to drop out of the race. We were told by people apparently in the political know that he would drop out because Senator Schumer was telling him to, telling him it was not his time (and perhaps clearing the way for Bloomberg?). We can’t vouch for the accuracy of what we were told, but only a few days later Mr. Weiner did drop out as predicted.

(For other reporting on the candidates’ remarks at the conference see: Saturday, April 11, 2009, A few mayoral candidates (but not the big two) on historic preservation, plus more from the HDC conference.)

No Strong or Real Choice in the Field of Candidates?

The New York Times described Mr. Weiner’s dropping out more technically as a “move to the sidelines” since Mr. Weiner said he could possibly resume his campaign months from now. (See: Political Memo: Bloomberg and the Incredible Shrinking Mayor’s Race, by Michael Barbaro, March 13, 2009.)

One thing Mr. Weiner did very well when he was running was to speak eloquently against the way the mayor maneuvered to extend term limits against the public’s wishes. The above Times article begins by pointing out:

It was a central argument by Mayor Michael R. Bloomberg for re-engineering the city’s term limits law last year: Allowing him to seek re-election would give voters a bigger pool of candidates from which to choose . . .

“If anything, the public has more choice because there will be more candidates, at least one more in the mayor’s race,” he [Bloomberg] said the day after the City Council voted to rewrite the rule.
It then notes that choice was, instead, eliminated:

“We now know what Bloomberg meant when he said ‘choice’ — he meant himself,” said Bruce F. Berg, chairman of the political science department at Fordham University.

Rewriting term limits, Mr. Berg said, “has stifled choice. And if Thompson drops out, he may well have eliminated choice.”
An aid to a Republican interested in getting into the race:

. . . expressed bewilderment over Mr. Bloomberg’s contention that altering the term limits would create a wider pool of candidates. “Historically, in any race, you will see more candidates when it’s an open seat than when there is an incumbent,” he said.
The article concludes:

“The power of the mayor’s incumbency, coupled with the power of his money, makes a smart politician think, ‘Maybe I should take a pass on this,’ said Steven A. Cohen, a professor of public affairs at Columbia University.
And Bloomberg clearly wants the field to himself. This week a story has come out about Bloomberg’s fervor to eliminate Weiner as opposition even as Weiner was dropping out of the race. According to the Times, Mr. Bloomberg commissioned a telephone poll last month that spread derogatory information about Weiner. (See: ‘Survey’ Calls Attack Bloomberg Rival, by Raymond Hernandez, April 6, 2009.)

Speaking of the calls which were confirmed to be part of Bloomberg’s campaign:

One of the Congressman’s [Weiner’s] aides said that the calls seemed suspiciously like push-polling — a technique disavowed by reputable pollsters in which phone calls disguised as survey research are used to spread negative information about an opponent.

Joel Benenson, a senior campaign adviser to Mr. Weiner, described push-polling as “one of the most discredited and dishonorable forms of negative campaigning.”
Back to the article, “Bloomberg and the Incredible Shrinking Mayor’s Race,” we think it incorrectly experiments with giving Bloomberg credit, aside and apart from his money, for being the currently more popular candidate. It does so by offering a side-by-side comparison of Mr. Bloomberg to Governor Corzine of New Jersey:

Money alone does not explain his popularity, they said, even if it helps. After all, in New Jersey, another wealthy businessman-turned-politician, Gov. Jon S. Corzine, faces an uphill re-election race, no matter how much he is willing to spend on a campaign.

But Mr. Bloomberg’s popularity ratings, which dropped to the low 50s in February after being in the 60s last year, are higher than Mr. Corzine’s.

From this the article infers the Bloomberg may have governed better than Corzine. Comparison to Corzine is a worthwhile exercise, but is should be done with the proper rigor.

Yes, Corzine spent heavily on his own campaign, but Corzine’s wealth is measured in mere millions. Corzine’s total net worth is less than half of what Bloomberg “gives” away every year to “charity.” Bloomberg’s charitable giving is used to manipulate politics and public opinion, so Corzine’s total net worth is way below what Bloomberg spends on such manipulations each year.

Bloomberg has ongoing personal business affairs that routinely create conflicts of interest while he is stockpiling astronomical wealth. Bloomberg fails to recuse himself when he should. Corzine simply has no such comparable conflicts of interest.

To compare Bloomberg’s billions to Corzine’s paltry millions is simply to illustrate that you have seriously lost track of how outsized and beyond most people’s comprehension of Bloomberg’s wealth actually is.

Losing track of Bloomberg’s Incomprehensible Wealth: And Did Bloomberg Lose $4 Billion?

Here is an example of just how blithely inept we are at keeping track of Bloomberg’s wealth. The Times ran an article in March saying that Forbes was reporting that Bloomberg’s wealth went up this year- - to $16 billion. (World’s Richest Aren’t So Rich Anymore, Forbes Says, March 12, 2009.) It reported that to be a $4.5 billion dollar increase in Bloomberg’s net worth but, if it had been keeping track, it could likely have reported a $4 billion loss instead.

Indeed, in March as part of listing of the world’s richest men, Forbes did report Bloomberg’s wealth as $16 billion making him the 17th most wealthy man in the world. But only six months before in September of 2008 as part of listing of America’s richest individuals, Forbes reported Bloomberg’s wealth as $20 billion, making him the wealthiest New Yorker and the 8th most wealthy U.S. citizen at that time. (As of March he was the 5th wealthiest person in the country.) So when the Times reported his wealth was going UP despite hard economic times, did they miss what was actually a decline in the last six moths? The Forbes article did say that those whose wealth had declined only 20% in the past year were doing well. That may or may not apply to Bloomberg since the basis for setting the figure for his wealth at $20 million was only established in July so the decline is not for a full year.

There are plenty of possible reasons for Bloomberg’s wealth as reported in Forbes to have gone down and plenty of questions to be asked in connection with them. Did Forbes quietly evaluate the wealth of a campaigning mayor more conservatively? Or did Bloomberg actually start losing billions at a good clip just recently? $4 billion in six month loss would annualize to $8 billion over a year, something on the order of 40% or double the loss that would put Bloomberg in the lucky category in this downturn. That would comport well with the idea Bloomberg didn’t see this financial crisis coming and that he isn’t a financial genius.

We don’t know the answers that explain it, but we don’t even see anyone asking the questions. Has anyone besides us actually noticed that Bloomberg’s wealth figure went down? Is Bloomberg’s wealth now so stratospherically beyond our comprehension that noticing this eludes us? The Post and the even the Wall Street Journal simply reported the March story the way the Times did, as if Forbes was reporting another increase in Bloomberg’s wealth rather than a $4 billion decline. (See: Bloomberg Is the Richest Man in NYC: Mayor Raking it in - but Nobody Else is, by Kirsten Fleming, March 11, 2009 and, The Wealth report: These Billionaires Actually Got Richer in 2008, by Robert Frank, March 16, 2009.)

For our own quick reference with collected figures tracking Bloomberg’s wealth see: Bloomberg’s Increasing Annual Wealth: 1996 to 2008 (Tuesday, February 3, 2009). (We need to do an update to show that most recent Forbes reported decrease.)

(Click here to continue to Part II of this article.)

Monday, October 6, 2008

Term Limits: Voting Against the Voters


Noticing New York is thinking about how people should vote if the City Council accommodates Mayor Michael R. Bloomberg by repealing term limits. By people we mean the general electorate and not the City Council Members who will be debating a special repeal of term limits today.

Noticing New York thinks that repealing term limits in the middle of the election cycle already underway is a supremely bad idea: Coming to Terms With Mistakes, Wednesday, October 1, 2008.

Noticing New York is pleased to see City Council members Bill de Blasio and Letitia James and David I. Weprin pushing back with bills that would require returning to the electorate to effect a change in term limits: Countering Mayor’s Bid With a Bill to Put Term Limits in the Voters’ Hand, by Ray Rivera, October 4, 2008. Ideally, and without compromise, any change should take place after this election cycle.

We have criticized the effort being led by the Mayor as last-minute and self-serving. This effort confers unfair tactical advantage upon Bloomberg. It also raises all sorts of campaign finance questions, like what spending limits should apply to candidates who have already collected and spent money to attain city offices that have different spending limits from the offices for which they will now be running. It is, we said, a game of 52 Card Pick-up unfairly at Bloomberg’s initiative. Bloomberg consulted privately with his real estate developer constituency on the subject before he consulted with the rest of us voters.

One new thing to consider: Lawyer Frederick A. O. Schwarz Jr., says billionaire Bloomberg should not be allowed to seek a third term unless he agrees to a limit on his campaign spending. Mr. Schwarz was the city’s corporation counsel and chairman of a charter revision commission that effected term limits and is a former chairman of the city’s Campaign Finance Board. (See: A Call to Limit Spending if Bloomberg Runs Again, by Sam Roberts, October 5, 2008) Making unfairness worse, key participants in the public debate, such as Ron Lauder, are suggesting that the desired extension of term limits be a one-time, specifically-for-Bloomberg change in the game. (See: Lauder’s Second Thoughts on Changing Term Limits, by Michael Barbaro, October 6, 2008) Is a bill for the specific benefit on only one person even constitutional? Need we ask? And isn’t this the way rule-by-emperor ascended in Rome?

So, how should people vote if term limits are repealed? There are people like City Councilman David Yassky, who is term-limited and running for Comptroller. We would like to see him in the position of Comptroller. But, on the other hand, if he were to run for a third City Council term, we would also want to vote for him. But we would be very troubled if he gained the ability to run for City Council again because he himself were one of the City Council members voting, undesirably, to repeal term limits during this election cycle.

We suggest as a standard that the voters should vote against City Council members who vote in favor of repealing term limits during the current election cycle. We know that City Council members like Tony Avella (who is running for Mayor) will be voting against the repeal of term limits during this 2009 election cycle, but it sounds as if too many will be voting in favor of changing the game in the middle of this cycle. It is not surprising, since two-thirds of the current City Council are term-limited. (By the way, lifetime health insurance is one big extra many City Council members will get by eliminating their term limits: Hidden Cost Seen for City if Term Limits Are Shelved, by Michael Barbaro, September 12, 2008. As we support universal health care, we don’t want to begrudge anyone health care but we would sooner see the Council members simply vote themselves health care instead of changing the rules in election midstream.)

In addition to City Council members who vote in favor of repealing term limits this way, we suggest that voters categorically vote against anyone such as the Mayor or Brooklyn Borough President Marty Markowitz, who support term-limit elimination during this election cycle in the hopes of being able to extend their personal tenure.

If extending term limits is a good idea, it is an idea worth waiting for. : We can wait for the next election cycle. Even if we go back to the voters to repeal term limits, we should wait until the fresh start of a new election cycle. What if someone supports letting the electorate change the term limit rules in this election cycle?- - Should we vote for them?- - That’s a harder question.

Saturday, September 6, 2008

Scratching My Head on Who to Vote For: Connor Vs. Squadron (Vs Gyllenhaal) the 25th District State Senate Seat






The other day I got one of those polling phone calls and spent 20 minutes answering a slew of questions about the Marty Connor/Daniel Squadron contest for the New York’s 25th District State Senate seat. (The primary is this Tuesday.) A heavy stress of the poll questions was where the candidates might be viewed in terms of over-development, taking money from developers and working for Forest City Ratner; the Brooklyn Bridge Park development was mentioned several times. I told the polling interviewer that I considered the single most important issue these days to be stopping Atlantic Yards.

Listening to WNYC last week I was sorry that I missed the Wednesday night Connor/Squadron debate when I heard that among the issues the candidates had “clashed” about was “the Atlantic Yards development.” WNYC left me hanging and didn’t tell me what they said about Atlantic Yards during the debate. “No Land Grab” picking up on the WNYC report tantalizingly summarized: “Squadron has made cautionary statements against the Atlantic Yards project in the past, but all of his heavy-hitting political backers are big-time supporters of the project, leaving many Brooklynites scratching their heads on the way into the voting booth.”- So, just as NLG described, I was still scratching my head and wondering whether anything elucidating was said at the debate.

I figured I would wait until Thursday night/Friday morning for my trusty Brooklyn Paper to come out figuring that the paper would have covered the debate. The paper’s coverage is good on Atlantic Yards.

Opening the Brooklyn Paper and I immediately found a campaign ad for Daniel Squadron. It said he is endorsed by:

1.) Chuck Schumer- Until Schumer gets it straight on Atlantic Yards I am wary of his recommendation on anything that affects local neighborhood development.
2.) Michael Bloomberg- Another major negative in my consideration
3.) Anthony Weiner- Strike three!
4.) Scott Stringer- Also not doing well in the area of opposition to over-development
5.) The Working Families Party- Given ACORN’s irresponsible conduct on Atlantic Yards that is a major downer (Of course, WFP supported Tish James for her City Council office and Tish James has done everything right on Atlantic Yards.)

When I looked harder, the paper actually covered the debate itself (Connor, Squadron dance around issues at debate, by Sarah Portock., page 5 of the print edition) but the story didn’t mention the Atlantic Yards issue. The Brooklyn Paper has endorsed Squadron.

I then looked to see what I could find in the Brooklyn Heights Courier. I didn’t find a report of the debate but on page 18, in an endorsement for Connor, I found the paper, while comparing the worth of Connor vs. Squadron, musing on the value of voting to put into the Senate Seat “actress Maggie Gyllenhaal - - a former resident of the 25th State Senate District, which includes Park Slope, Carroll Gardens, Boerum Hill, Brooklyn Heights and Williamsburg.” The endorsement did not say anything about Atlantic Yards.

Meanwhile, I had gotten mailings from a a group of my politically heavy-hitting (and Obama- supporting) neighbors telling me to vote for Martin Connor. It as if the mailing was a major effort and it might have made a difference as I attempted to make up my mind, but wouldn’t it have been easier for Connor to gain my support by just taking a strong position in favor of effective action to stop Atlantic Yards? Any candidate who distinguished himself by doing so would have had my vote easily. But months before I’d already communicated several times with Connor’s office telling him he needed to take effective action against Atlantic Yards and I was not getting satisfactory responses.

So if neither candidate is satisfactorily mobilizing to oppose Atlantic Yards is there one of them to vote for in the Tuesday primary? Is it better to vote for Squadron, a candidate who is ostensibly a reform-minded insurgent on guard against over-development who won’t prove those credentials by doing what he has a perfectly free hand to do: opposing what is obviously the worst thing happening in New York and the immediate environs of this Senate District? Unlike other problems New York City might be facing, this is one that comes signed, sealed and delivered by problem politicians. Squadron says he should be elected because he will take on important “development battles:” why won’t he prove it by addressing the poster-child? Or, is it better to vote for Connor, a 30-year incumbent who was probably taken in by the Atlantic Yards hornswaggling when it was first underway and won’t admit this now or reverse course? Then, what does it say about Connor that when David Paterson unseated him as minority leader in the State Senate in 2002, Assembly Speaker Sheldon Silver, allied himself with Connor? Silver has been quite unsatisfactory when it comes to a long list of things, with Atlantic Yards toppingthe list. We are pleased to see that Paul Newell is now out-raising Silver in his race to gain Silver’s seat and that the New York Times endorsed him, August 22, 2008, in its editorial Endorsements for a Better Albany.


Eventually, on the Brooklyn Paper web site I found a 76-minute podcast of the Connor/Squadron debate. I really didn’t hear a discussion of Atlantic Yards. Debate moderator, Dick Dadey of Citizens Union, missed an opportunity.

It is interesting that Squadron has taken a position on the development of Brooklyn Bridge Park which is less pro-development than Connor but the issues about exactly how Brooklyn Bridge Park should be developed (about 19 minutes into the debate podcast) are far less clear-cut and far less important than the multiple issues making it essential that Atlantic Yards be politically opposed.

Which candidate is better? If either one of them comes out between now and the Tuesday primary to definitely and emphatically state that they will take effective action to stop Atlantic Yards I will vote for him. My thinking about candidates who wimp out on the subject of Atlantic Yards is likely to be just as important when the general election comes up. But if I don’t get satisfaction, the musings of the Brooklyn Heights Courier have me thinking. Maybe I should write in a candidate. Maggie Gyllenhaal co-stared with Heath Ledger in “Dark Knight” and her brother Jake co-starred with Heath Ledger in Brokeback Mountain. Heath Ledger was on the advisory board of Develop Don’t Destroy Brooklyn which has been a key player in halting Atlantic Yards. Voting for Ms. Gyllenhaal sounds mighty attractive.

Thursday, July 24, 2008

FALLING ACORN! HOW FAR FROM THE TREE?

Do you know about ACORN’s top-management cover-up of a million dollar embezzlement? The cover-up discovered just a few days ago lasted for eight years. I am figuring our local state and city government officials must now be in a tizzy evaluating what to do about the national housing and advocacy group.

If you Google “ACORN” (Association of Community Organizations for Reform Now) together with “embezzlement” there are too many stories concerning the cover-up of the million dollar embezzlement by the founder’s brother for there to be time to wade through them all.


Who-knew-what-and-when?

As with any cover-up, the standard questions need to be trotted out for the standard basic investigative due diligence. Who knew what, and when did they know it?

Who needs to be asking those questions? Any government agency that has been doing business with ACORN, is currently doing business with ACORN, or may have planned to do business with ACORN.

In New York, we’ve definitely got some of those agencies. And in New York, there is another set of impinging questions that must, perforce, be examined concerning ACORN and the proposed $4.4 billion Atlantic Yards megadevelopment which ACORN has complicitly helped design as a subsidy sponge. A bunch of New York State agencies are going to have to ask these questions and the rest of us in the broader New York community are going to be wanting answers too.

Who “negotiated” the CBA & MOU?

The Atlantic Yards megadevelopment got rolling in large part due to a “Community Benefits Agreement” (“CBA”) and memorandum of understanding (“MOU”) between ACORN and the developer of the project, Forest City Ratner. The MOU, which was signed first, was signed on May 17, 2005. Note that May 17, 2005 was during the period of the cover-up that began eight years ago.

Since the MOU and CBA were “negotiated” during the cover-up, the second set of questions that will have to be asked and answered is who at ACORN was involved in negotiating the MOU and CBA? You need to find out not only who knew about the embezzlement and when they knew about it; you also want to know if any of those same people were in any way involved in negotiating the MOU and CBA. If they were, there are problems, as I will explain.

I have already done an extensive analysis that questions how suspiciously weak and not-to-the-community’s benefit the MOU and CBA were. See: Saturday, June 28, 2008,
“SELLING OUT THE COMMUNITY FOR BEANS (A GIANT WRONG)”)

The cover-up of the embezzlement puts the suspicious weaknesses of the agreement in another light.

Where Does the Cloud Fall?

Admittedly, ACORN is a big organization. It has national, international and many local operations. So, Norman Oder, of Atlantic Yards Reports aptly notes that what happened with respect to ACORN “doesn’t necessarily put a cloud over New York ACORN, the state affiliate.” (See: Friday, July 18, 2008 “National ACORN's (episode of) scandal, and NY ACORN's dubious Brooklyn stadium deal (in 2000)”)

Maybe the embezzlement and cover-up don’t necessarily put a cloud over New York ACORN, but there is no reason to assume that New York ACORN will be fully absolved upon due inquiry. Furthermore, you need to examine whether those ACORN principals who were involved in the embezzlement or cover-up outside of the New York office exercised influence in the signing of the Atlantic Yards CBA or MOU or establishment of its terms. I am not sure who yet knows enough to speak definitively on this but the initial indications don’t bode well for ACORN. By all accounts, the organization’s founder, Wade Rathke, was central in implementing the cover-up with respect to his brother’s embezzlement. Maybe Rathke it is boastfully inaccurate, but emphatic statements in Ratnke’s personal blog seem crafted by him seem to imply that he was very substantially involved in New York affairs generally and Atlantic Yards in particular:

“Most recently the highly contentious battle over Atlantic Yards and the basketball arena found us supporting the project based on agreements that the developers would provide more than 2500 units of affordable housing in Brooklyn where many of our people are being forced out. Surprisingly, we found ourselves on the opposite side of the divide among the Park Slope liberals and others who were unwilling to join us in making the diversity of the community the core issue.”

I think that Norman Oder’s July 18, 2008 piece does a good job pointing out that there seem to be problems with the ACORN culture. Those problems are exemplified by their abysmal record on Atlantic Yards, and other conduct by the New York office raises similar questions. Those problems with ACORN culture may also concurrently account for ACORN’s Atlantic Yards debacle and the embezzlement cover-up even if the “who-knew-what-and-when” questions can be answered in a way that 1.) absolves New York ACORN from any participation in the cover-up, and 2.) allows it to be concluded that those involved in the cover-up did not influence the CBA or MOU.

Questions from the Right-Wing?

To be fair, one reason Googling ACORN+embezzlment gets so many hits is because the Internet is stoked with so many right-wing attacks on ACORN. The right-wing reactions to ACORN and nearly all its activities are unpleasantly rabid. The right wing doesn’t believe in ACORN’s politics and strongly objects when ACORN pulls down government subsidies that are perceived to fund its operations and those politics. Let’s face it, if your politics are left-wing you might get just as excited when right-wing groups pull down government largess (faith-based initiative subsidies?) to fund their operations. (Some of us prefer the instinct to go lean and use subsidies as infrequently as possible as subsidies can be so readily misused.) Listening through what can be a substantial amount of shrillness, however, I think there is complaint that ACORN is engaged in extortionist tactics and is sometimes funded by “protection” payments for consultant services that institutions like banks might not really be eager to pay except for threats aimed at them.

ACORN pursues minimum wage legislation which comports with its efforts to get out the votes of lower-income voters. Accordingly, one of ACORN’s critics is the Employment Policies Institute which works against raising minimum wages (arguing it is for the benefit of low-wage workers trying to enter the workforce.) The Employment Policies Institute is the source of a critical July 2006 report about ACORN cited in a Reuter’s story. The report “Rotten ACORN, America's Bad Seed” goes way beyond minimum wage issues For instance, the report gets into the relationship between ACORN and the federal Community Reinvestment Act. The report even mentions Atlantic Yards. Interestingly, what we do to address the current Fannie Mae and Freddie Mac difficulties could be affected by ACORN’s interest in setting up a National Trust Fund from which it could benefit. This is not easy stuff to sort out.
(The short Reuter’s story is ACORN Embezzlement Scandal is the Latest Controversy in Group's Long, Corrupt History...
Wed Jul 9, 2008 6:57pm EDTand the report is here)

Usurp the Role of Political Player and Ignore the Community?

There is criticism of ACORN from other sources such as the Wall Street Journal, whose reporting is generally considered more reliable. I’ll take a pass on evaluating whether the most viciously leveled attacks of the right wing have a foundation of truth worth considering. I don’t think that government agencies who have already been doing business with ACORN while aware of such accusations are about to take them more seriously now. Nonetheless, a much broader range of people make accusations about ACORN which may be considered to have something in common with right-wing complaints. ACORN is accused of hypocrisy and insincerity. ACORN is accused of lip service respecting community goals while putting their own interests first. Norman Oder’s July 18, 2008 story details an incident respecting the proposed displacement of half the baseball, soccer and football fields on the Parade Grounds below Prospect Park for a “temporary”minor league baseball stadium. His account indicates that, beyond Atlantic Yards, there are problems with the culture of ACORN’s New York office. ACORN seems interested in pushing itself forward to claim, to the exclusion of others, the mantle of key political player, irrespective of ultimate community benefit.

Reading the CBA and MOU my suspicions, just based on the documents, were exactly this: That ACORN valued promoting itself as a political player above the interests of the community. I was not considering anyone else’s accusations to this effect. News of the embezzlement and cover-up had not broken. You can read my Saturday, June 28, 2008 post (originally posted as a comment on Atlantic Yards Reports on June 20, 2008). News of the covered-up embezzlement now puts ACORN’s propensity to put its self-interest first in a pronounced new light.

Government Agency Background Checks

Consider this: State, city and federal agencies do background checks before they will provide housing subsidies. An embezzlement such as occurred at ACORN could certainly disqualify a group like ACORN from subsidy funding. (As noted, ACORN certainly gets such subsidy funding.) At the very least it must needs be a matter of significant concern to public agencies. It is the kind of thing they must bring to the attention of their upper-echelon decision-makers and their board members if they have a board. A covered-up embezzlement is actually worse than the embezzlement itself when and if discovered. The fact that the money has not been repaid and that the perpetrators of the problem and those closely associated with them have remained at ACORN and in positions of power would make it worse still. The New York Times reported that while the embezzlement was covered up, Wade Rathke’s brother Dale Rathke (the embezzler) remained on ACORN’s payroll. The Times reported that Dale Rathke was paid about $38,000 a year but that none of that money was used to pay back ACORN. The Times reported that of the $948,607.50 embezzled eight years ago, the family repaid $210,000, starting in 2001, in exchange for confidentiality. For the Times story see: “Funds Misappropriated at 2 Nonprofit Groups” By Stephanie Strom Published: July 9, 2008.

A For-Sale Housing Provision - Silly or Suspicious?

The Community Benefits Agreement, negotiated about five years after the embezzlement, has provisions about a “for sale housing” program that has always been sort of silly because it was unenforceable and unspecific and because it obligated Forest City Ratner to be a part of a program where participants are motivated to participate because they make a profit.- (The language doesn’t obligate Ratner to do anything if the profit he makes is not sufficient to motivate him.)

The provision takes on new implications when you consider the embezzlement ACORN was concealing when they negotiated the provision. If you will bear with me, I will show what ACORN might have been finagling for itself under the shadow of the cover-up.

ACORN was at the time participating in programs from which they would likely have been disqualified if the embezzlement had come to light. For instance, the home-ownership programs run by the New York City Housing Partnership for the New York City Department of Housing Preservation and Development which involves money from a number of sources.

The programs that ACORN was participating in and from which it could have been disqualified are exactly the same kind of programs described in the CBA for providing the benefit of additional for-sale owner-occupied units off site.

See the paragraph in Annex A of the MOU that reads as follows:

“For sale housing - Pursuant to paragraph 5 of the MOU, Developer and ACORN will work on a program to develop affordable for-sale units, which are intended to be in the range of 600 to 1000 units, over the course of ten (10) years and can be on or off site. It is currently contemplated that a majority of the affordable for-sale units will be sold to families in the upper affordable income tiers.”

For more on this see Atlantic Yards Report post: “Thursday, March 27, 2008 And what about those for-sale affordable units? The fine print is vague”

Who Knew the Benefits the CBA Provided Benefit to . . .?

If the additional off-site units were ever going to be provided as additional benefit negotiated as a result of Atlantic Yards, ACORN was setting themselves up via the “contract” of the CBA to be involved as conduit in the providing of those units even though ACORN quite likely would be disqualified as such a conduit if the embezzlement came to light.

Before anyone ever knew about the embezzlement, one must ask whether it was fair for ACORN to sell out the interests of the community in the multitude of ways that they did.- I asked that question in my June 28, 2008 post (originally a June 20, 2008 AYR comment: “As groups lobby against tax-exempt bonds for sports facilities, is WFP hamstrung by ACORN's AY deal?”).

That said, once one knows about the embezzlement it seems more unfair and even more questions must be asked. ACORN got involved in promoting humongous density of 7.799 million square zoning feet for the megaproject without ULURP and with a huge diversion of housing subsidies on a no-bid basis to a single developer. It made little sense but there was something no one knew at the time because no one knew about the embezzlement. Since one knew about the embezzlement what no one could consider at the time was that ACORN was taking back for itself in the CBA agreement a form of job or subsidy insurance whereby they would indirectly attempt to require state and city agencies to continue to give them subsidy that they stood to loose because of the embezzlement. That meant the “Community Benefit Agreement” was for ACORN’s benefit.

Agencies on the Spot

If the embezzlement and cover-up had come to light at any time State and City Agencies were making decisions about Atlantic Yards, they would have found this quite a dilemma when confronted with it. The many politicians who used the ACORN agreement as political cover when allowing Atlantic Yards to move forward should experience a similar level of discomfort. Upon discovery of an embezzlement and cover-up, the housing agencies would have an instinct to disqualify ACORN from subsidy or minimize to a carefully monitored trial amount the subsidy ACORN could receive. But with the Atlantic Yards “agreements’ in place, doing so would be scuttling the “community benefit” that was theoretically negotiated for a project of unprecedented size. They would almost feel blackmailed to continue giving subsidy to ACORN. And if the agencies continued with ACORN this would act as a blessing and precedent for others to follow! Did ACORN know exactly what they were doing in this regard and perhaps think it shrewd? Were they so desperate for a provision that would guarantee them program participation and subsidy that they would do what they shouldn’t? Was their desperation for such a provision the reason they negotiated a provision that was so meaningless and unenforceable?

What Happens Now?

What happens now? Was Wade Rathke involved in negotiating the Atlantic Yards MOU and CBA as he seems to imply that he was? If ACORN now claims that he wasn’t, what will the facts show? Bertha Lewis, the executive director of New York ACORN, was clearly involved in capitulating to the terms of the MOU and CBA. Did she know about the embezzlement and cover-up? According to the New York Times “a small group of executives decided to keep the information from almost all of the group’s board members and not to alert law enforcement.” Was Ms. Lewis part of that small group? Ms. Lewis has reportedly been named director of an interim management committee set up to run the national group’s day-to-day operations. (Here is an interesting thought: Is it possible that Wade Rathke required Bertha Lewis to sign CBA and MOU agreements she didn't believe in but which she was then required, as an officer of ACORN, to support under the terms of those same “agreements”? Under the terms of the CBA and MOU which are public Lewis is apparently contractually precluded from responding if this is inquired about.) Mostly we know how much we don’t know, given the questions. We don’t know, for instance, how seriously to consider the statements of the anonymous “John Brownz” leaving comments on various web sites who says he worked at ACORN and asserts that “The management staff that helped Wade cover up the theft are still in place. .” (See: “ACORN Leader Steps Down, Group Puts New Controls In Order” By Bennett Baumer, July 18, 2008)

Answering the Pending Questions

We don’t know. The government agencies don’t know but will have to find out. All the articles in the press and on the Internet will have to be combed through and analyzed. The agencies will have to write letters of inquiry to ACORN and seek assurances that the information in the responses they receive is accurate. They will have to consider what extra degree of due diligence is appropriate to assure that later-surfacing facts do not embarrass them. Among other things they will need to evaluate the extent to which the terms of the MOU and CBA might have been conceived as clever “blackmail” ensuring program participation for ACORN. Then all this information and correspondence forth and back will have to be accurately summarized and presented to the higher-echelon decision-makers. They wouldn’t want, like Wade Rathke, to keep the information from board members. After they explain all this to their members and decision-makers, they can account to us as the public. We’ll be waiting.

Could It Be Simpler?

No matter what, there will be a lot of work that will need to be done by the New York government agencies. I can’t make it go away but I can make one suggestion that will somewhat simplify the work of our public officials. That is to realize, as lawyers say, that you don’t have to look beyond the “four corners of” the MOU and CBA to realize that they are flawed agreements that were not negotiated to the community’s benefit and should therefore be disregarded and not given effect.

Hey! Want to know a substantial simplification that would greatly simplify everybody’s life? Government officials, including mayoral hopefuls like Representative Anthony Weiner and City Council Speaker Christine Quinn, should recognize that Atlantic Yards in its entirety is an abominable mistake and it will serve the public to stop it dead in it tracks.