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Corrupt Bush Justice Dept Goes after Eliot Spitzer

 
 
kickycan
 
  1  
Reply Tue 11 Mar, 2008 10:27 am
Wow, this has got to be the most idiotic thread yet. And I'm including all of mine in that, so that is saying ALOT.
0 Replies
 
Bi-Polar Bear
 
  1  
Reply Tue 11 Mar, 2008 10:29 am
most people couldn't get through the day without at least one minor league corrupt act anyway Laughing
0 Replies
 
woiyo
 
  1  
Reply Tue 11 Mar, 2008 11:12 am
Roxxxanne wrote:
Ah-hah! It was the "someone" at the BANK who alerted the IRS as to "suspicious" transactions.

"Someone " at the bank...Wall Street? Pretty obvious to me.


That is because you are a simpleton.

"NEW YORK (AP) - A law enforcement official says New York Gov. Eliot Spitzer's role in a prostitution scandal grew out of a public corruption inquiry triggered by his movement of cash to bank accounts operated by the call-girl ring.

The law enforcement source spoke to The Associated Press on condition of anonymity Tuesday because of the sensitivity of the investigation.

The official says Spitzer was the initial target of the investigation and was tracked using court-ordered wiretaps, but possible charges against Spitzer have not been decided. "

http://www.breitbart.com/article.php?id=D8VB7N800&show_article=1
0 Replies
 
Roxxxanne
 
  1  
Reply Tue 11 Mar, 2008 12:17 pm
woiyo wrote:
Roxxxanne wrote:
Ah-hah! It was the "someone" at the BANK who alerted the IRS as to "suspicious" transactions.

"Someone " at the bank...Wall Street? Pretty obvious to me.


That is because you are a simpleton.

"NEW YORK (AP) - A law enforcement official says New York Gov. Eliot Spitzer's role in a prostitution scandal grew out of a public corruption inquiry triggered by his movement of cash to bank accounts operated by the call-girl ring.

The law enforcement source spoke to The Associated Press on condition of anonymity Tuesday because of the sensitivity of the investigation.

The official says Spitzer was the initial target of the investigation and was tracked using court-ordered wiretaps, but possible charges against Spitzer have not been decided. "

http://www.breitbart.com/article.php?id=D8VB7N800&show_article=1



LOL after "someone at the bank" alerted the IRS. woiyo calling me a simpleton. That's rich. Of course, ad hominems is all he's got.
0 Replies
 
Roxxxanne
 
  1  
Reply Tue 11 Mar, 2008 12:19 pm
Re: DEMOCRATIC culture of corruption
H2O_MAN wrote:
Roxxxanne wrote:
H2O_MAN wrote:
Spitzer is part of the Democratic culture of corruption.

I don't feel any sympathy for him - he knew what he was doing.



LOL the DEMOCRATIC culture of corruption? What planet are you living on?


I live on the planet with a DEMOCRATIC culture of corruption on it same as you.


BTW you told the board that Spitzer was resigning as "I type this." That was yesterday, what happened. You obviously have a problem discerning reality.
0 Replies
 
Roxxxanne
 
  1  
Reply Tue 11 Mar, 2008 12:24 pm
More on this politically motivated investigation

I know this is difficult for most of the righties here to folllow but do try to keep up:

Quote:
uesday March 11, 2008 8:27 am

The level of detail in reporting on the Spitzer case catches my eye today. This level of minutiae in the descriptions of the investigation suggests an FBI or USAtty's office source. Defense counsel for any of the potential defendants won't have gone through this much discovery, unless their clients have been cooperating as informants for quite some time -- which is possible given that they were charged via an information and not by a grand jury indictment.

If this is a government source for these reports, that says to me that someone wants this story out there in spades.

There are any number of people who have an axe to grind with Gov. Spitzer, and NY politics is certainly a hardball environment -- but this is a serious amount of detail to be throwing out publicly in a case which has not yet been indicted. Which makes me wonder if the public pressure isn't designed to force a resignation rather than having to prosecute him.

First, from the NYTimes:

...But this was not typical: transactions by a governor who appeared to be trying to conceal the source, destination or purpose of the movement of thousands of dollars in cash, said the officials, who spoke on condition of anonymity.

The money ended up in the bank accounts of what appeared to be shell companies, corporations that essentially had no real business.

The transactions, officials said, suggested possible financial crimes ?- maybe bribery, political corruption, or something inappropriate involving campaign finance. Prostitution, they said, was the furthest thing from the minds of the investigators....

But before long, the investigators learned that the money was being moved to pay for sex and that the transactions were being manipulated to conceal Mr. Spitzer's connection to payments for meetings with prostitutes, the official said.

Then, with the assistance of a confidential informant, a young woman who had worked previously as a prostitute for the Emperor's Club V.I.P., the escort service that Mr. Spitzer was believed to be using, the investigators were able to get a judge to approve wiretaps on the cellphones of some of those suspected of involvement in the escort service.

The wiretaps, along with the records of bank accounts held in the names of the shell companies, revealed a world of prostitutes catering to wealthy men. At the center was the Emperor's Club, which arranged "dates" with more than 50 beautiful young women in New York, Paris, London, Miami and Washington.

But its finances moved through the shell companies ?- the QAT Consulting Group, QAT International and Protech Consulting ?- which held bank accounts into which clients wired their payments, according to court papers in the case. (emphasis mine)

Incredibly stupid conduct from a man who worked both in the Manhattan DA's office and as NY's AG, prosecuting among other things, Wall Street firms whose financial transgressions were tracked in similar fashion by investigators and forensic accountants for his office and the feds. Beyond stupid. Especially after 9/11, when financial transactions are tracked constantly and closely by an FBI looking for any anomaly. Using an informant who has flipped as a witness against the target is a fairly common means of nailing someone in this kind of case -- and Spitzer would have known that, too.

Was this "confidential informant" also the defendant who was quoted in the information regarding the difficulty of Mr. Spitzer as a client -- the "not safe" quote? And, if so, why did the USAtty include that part of the conversation in the information using an informant who knowingly put that information on the wiretap record? (If she wasn't the informant or cooperating with the government on Feb. 13/14, then that point is obviously moot.) That's a question worth getting answers to, in my book, because that inclusion seemed solely designed for public humiliation of Spitzer and not for prosecution purposes.

The financial concerns regarding weird, hidden transactions passed through a dummy corp from a public official are legitimate questions that a public corruption investigator would ask -- but I'm still left wondering how this was brought to the FBI's attention, what triggered the reporting, whether the transactions were clustered or otherwise suspicious, or how the pattern emerged that caught the bank's eye? Was it just one questionable transaction, brought to the FBI's attention -- they saw Spitzer's name, and gave his accounts increased scrutiny? Or was it multiple transactions caught and brought in at once as a suspicious pattern of behavior? As a public official, there would be particular questions on public corruption that you wouldn't have with a non-official defendant, and that triggers a whole host of questions on how determinations were made to proceed on this that investigators would have had to ask and answer as they moved the case forward.

Then, this from the NYSun, which speculates on potential prosecutions lines for misuse of public funds and employees, the Mann Act, and financial transactional charges:

...Law enforcement officials are also expected to try to contact any prostitutes whom Mr. Spitzer patronized, as well as interview Mr. Spitzer's inner circle about their knowledge of his conduct, former prosecutors say.

The situation raised the question of whether the governor may come under pressure to resign to placate prosecutors....

Other prosecutors from other districts could also consider charges.

The U.S. attorney in the District of Columbia, Jeffrey Taylor, is charged with enforcing not only federal laws but the district's municipal anti-prostitution laws as well.

Conceivably any U.S. attorney whose district includes a section of the train tracks that carried the prostitute, identified in court papers as Kristen, from Penn Station in Manhattan to Union Station in Washington, has jurisdiction to try to bring a Mann Act case against Mr. Spitzer, a former federal prosecutor who did not want to be identified because he did not want to appear to be advocating prosecution of Mr. Spitzer, said.

Now, all of that "throw the kitchen sink at him" information is coming from somewhere for this reporter to put into his story -- and several lawyers are named (Andrew Hruska, Todd Harrison, Barry Kamins), along with a host of off-the-record anonymous "several former prosecutors." The hints at questioning associates to see if they were involved certainly add to that pressure around him for "what's my future" discussions.

Then there is this from another NYTimes story:

Mr. Spitzer has not been charged with a crime. But one law enforcement official who has been briefed on the case said that Mr. Spitzer's lawyers would probably meet soon with federal prosecutors to discuss any possible legal exposure. The official said the discussions were likely to focus not on prostitution, but on how it was paid for: Whether the payments from Mr. Spitzer to the service were made in a way to conceal their purpose and source. That could amount to a crime called structuring, which carries a penalty of up to five years in prison.

Say hello to at least one FBI or IRS agent, most likely, as a source. Plus there are any number of other stories in other NY papers giving more contextual details and pulling quotes from public and anonymous political and law enforcement sources. That's a lot of public pressure and talk of resignation and criminal exposure. And I can't help wondering whether this is coming from the GOP side of the aisle, or the Dem side...or both. Or if the SDNY is signaling that Spitzer should resign and they won't drop a prosecutorial dime on him. Or whether they have more, and this is a signal to his counsel to work on a deal. Any or all of that is possible.

Lots and lots of questions, including all the ones that Jane, and Digby, and Scott Horton raised yesterday...very few answers on any of them this morning.


Reportedly, Mrs Spitzer is encouraging her husband to hang tough and that is exactly what he should do.
0 Replies
 
woiyo
 
  1  
Reply Tue 11 Mar, 2008 12:53 pm
I am not sure on what grounds they can call for his impeachment...YET.


ALBANY, N.Y. -- A top Republican state lawmaker has laid out an apparent ultimatum to Gov. Eliot Spitzer: Resign in the next two days, or I'll push for impeachment.

Assembly Minority Leader James Tedisco said the state can't have the governor's prostitution scandal hanging over its head. Spitzer allegedly used the escort service for at least six months and paid more than $15,000 for numerous meetings, a source familiar with the case told WNBC.com.

# Survey: Do You Think Spitzer Should Resign?
# Images: Spitzer Though The Years

Sources: Spitzer Gauges Support
Watch Spitzer's Apology
Special Report


To get articles of impeachment to the floor, Tedisco would need support from the Democratic majority in the Assembly. If the measure passed there, it would still need at least two-thirds approval of the combined vote of the Republican-controlled Senate and the nine-member Court of Appeals to proceed to trial.

However, Tedisco might not need to take those steps. Aides and Democratic colleagues have told NewsChannel 4 that they expect Spitzer to resign.

The sources said they expect the New York governor to submit a resignation letter he already drafted.

However, sources also said the governor spent time Monday reaching out to supporters to gauge if he would have their support should he decide to hold onto his office.

Should Spitzer step down, Lt. Gov. David Paterson would be offered the governornship.

New York City Mayor Michael Bloomberg weighed in on the situation Tuesday, saying he sent the governor his best wishes.

"I told him my thoughts were with him and wished him all the best," said Bloomberg, adding that any conversations between himself and Spitzer are private.

Meanwhile, more information about the governor's alleged meeting with a prostitute have emerged, including the detail that the Democratic governor used the alias "George Fox" when meeting with a prostitute. His alleged conversations with the prostitution ring are detailed in court papers in which Spitzer is identified as "Client 9," according to a source.

Read a statement from the real George Fox, who said he considers the governor "a close friend."

The case started when banks noticed the frequent cash transfers from several accounts and filed suspicious activity reports with the Internal Revenue Service, a law enforcement official told The Associated Press Tuesday. The accounts were traced back to Spitzer, prompting public corruption investigators to open an inquiry.

The official spoke on condition of anonymity because the investigation is ongoing.

http://www.wnbc.com/politics/15562646/detail.html
0 Replies
 
mysteryman
 
  1  
Reply Tue 11 Mar, 2008 02:05 pm
Roxxxanne,
You shot yourself in the foot!

You said...

Quote:
If you can find a conviction or even a prosecution that concerns hiring an escort who was lavishly com0pensated for her services, please post a link and I will stand corrected. Good luck!


Then you immediately follow that up with a whole list of prosecutions and/or convictions that fit your description...

Quote:
The first person prosecuted under the act was heavyweight boxing champion Jack Johnson, who had an affair with a prostitute named Lucille Cameron. Johnson married Cameron so that she couldn't be made to testify against him. Belle Schreiber, a prostitute that had at some point left a brothel and traveled with him to another state, was the next in line to testify against Johnson. He was eventually prosecuted and sentenced to the maximum penalty of a year and a day in prison.

Pioneering sociologist William I. Thomas's academic career at the University of Chicago was irreversibly damaged after he was arrested under the act when caught in the company of one Mrs Granger, the wife of an army officer with the American forces in France, although he was later acquitted in court.

British film actor Charles Chaplin was prosecuted in 1944 by Federal authorities for Mann Act charges related to his involvement with actress Joan Barry. Chaplin was acquitted of the charges, but the trial permanently damaged his public image in the US, and contributed to his departure for Switzerland in the early 1950s.

Canadian author Elizabeth Smart describes being arrested under the Mann Act in 1940 when crossing a state border with her lover, the British poet George Barker, in her (partly fictionalised) book By Grand Central Station I Sat Down and Wept. She memorably intertwines the callous police interrogation aimed at arresting her under this law with quotations about love from the Song of Songs.

In the late 1950s, Kid Cann, a notorious organized crime figure from Minneapolis, Minnesota, was prosecuted and convicted under the Mann Act after transporting a prostitute from Chicago to Minnesota. Although his conviction was later overturned on appeal, Kid Cann was later prosecuted and convicted of offering a $25,000 bribe to a juror at his trial under the Mann Act.


BTW, you aint right!!
Your joke was priceless, and I needed the laugh.
0 Replies
 
real life
 
  1  
Reply Tue 11 Mar, 2008 02:32 pm
'It's Bush's fault!!!'

yeah, right

that's why the Dems in NY are immediately calling on him to resign, instead of defending him

You started the thread by asking "why would the bank notify the feds about 'suspicious transfers' instead of notifying Spitz himself? "

Because it's the law. Hello?
0 Replies
 
McGentrix
 
  1  
Reply Tue 11 Mar, 2008 02:49 pm
kickycan wrote:
Wow, this has got to be the most idiotic thread yet. And I'm including all of mine in that, so that is saying ALOT.


QFT
0 Replies
 
Roxxxanne
 
  1  
Reply Tue 11 Mar, 2008 02:52 pm
mysteryman wrote:
Roxxxanne,
You shot yourself in the foot!

You said...

If you can find a conviction or even a prosecution that concerns hiring an escort who was lavishly com0pensated for her services, please post a link and I will stand corrected. Good luck!

Then you immediately follow that up with a whole list of prosecutions and/or convictions that fit your description...

Quote:
The first person prosecuted under the act was heavyweight boxing champion Jack Johnson, who had an affair with a prostitute named Lucille Cameron. Johnson married Cameron so that she couldn't be made to testify against him. Belle Schreiber, a prostitute that had at some point left a brothel and traveled with him to another state, was the next in line to testify against Johnson. He was eventually prosecuted and sentenced to the maximum penalty of a year and a day in prison.

Pioneering sociologist William I. Thomas's academic career at the University of Chicago was irreversibly damaged after he was arrested under the act when caught in the company of one Mrs Granger, the wife of an army officer with the American forces in France, although he was later acquitted in court.

British film actor Charles Chaplin was prosecuted in 1944 by Federal authorities for Mann Act charges related to his involvement with actress Joan Barry. Chaplin was acquitted of the charges, but the trial permanently damaged his public image in the US, and contributed to his departure for Switzerland in the early 1950s.

Canadian author Elizabeth Smart describes being arrested under the Mann Act in 1940 when crossing a state border with her lover, the British poet George Barker, in her (partly fictionalised) book By Grand Central Station I Sat Down and Wept. She memorably intertwines the callous police interrogation aimed at arresting her under this law with quotations about love from the Song of Songs.

In the late 1950s, Kid Cann, a notorious organized crime figure from Minneapolis, Minnesota, was prosecuted and convicted under the Mann Act after transporting a prostitute from Chicago to Minnesota. Although his conviction was later overturned on appeal, Kid Cann was later prosecuted and convicted of offering a $25,000 bribe to a juror at his trial under the Mann Act.


BTW, you aint right!!
Your joke was priceless, and I needed the laugh.



Still looking for the lavishly paid escort. The joke is on you. Getting paid 15k for a few hours work doesn't make one a victim.

Of course, it has already been cited and agreed to that boyfriend and girlfriend cross state lines with the intention of fornication, they could be prosecuted under the Mann Act. But I want to see an arrest and conviction of a john who hired a lavishly paid call girl. If anyone finds such an arrest and conviction, I will humbly stand corrected.
0 Replies
 
mysteryman
 
  1  
Reply Tue 11 Mar, 2008 03:09 pm
Define "lavishly paid".
I'm sure that at the time, a hooker that charged $10 was considered to be "lavishly paid".

So, its all relative, and it also depends on the times you are comparing, doesnt it?
0 Replies
 
Roxxxanne
 
  1  
Reply Tue 11 Mar, 2008 06:20 pm
mysteryman wrote:
Define "lavishly paid".
I'm sure that at the time, a hooker that charged $10 was considered to be "lavishly paid".

So, its all relative, and it also depends on the times you are comparing, doesnt it?


Here we go, mysteryman playing stupid again. Or are you really this stupid? Obviously, since I was talking about Spitzer's liason with the 3,000 per hour prostitute, I was talking about that range of compensation. Before bthe Spitzer affair, few people even knew call girls could demand that kind of change.

Now,please admit it, you were being purposely obtuse.
0 Replies
 
JTT
 
  1  
Reply Tue 11 Mar, 2008 07:22 pm
mysteryman wrote:
Define "lavishly paid".
I'm sure that at the time, a hooker that charged $10 was considered to be "lavishly paid".

So, its all relative, and it also depends on the times you are comparing, doesnt it?


"Men of genius are often dull and inert in society,"
0 Replies
 
H2O MAN
 
  1  
Reply Tue 11 Mar, 2008 09:21 pm
Re:
Roxxxanne wrote:


BTW you told the board that Spitzer was resigning as "I type this." That was yesterday, what happened. You obviously have a problem discerning reality.


Witness the DEMOCRATIC culture of corruption...

Spitz is a team player to the end, @ Clinton's request he decided to delay and play with the media.
This brilliant move is drawing media attention away from Obama's lead and totally shuts McCain down.
He is also a super delegate pledged to Mrs. Clinton.

Deal with this reality... Impeachment is eminent.
0 Replies
 
gungasnake
 
  1  
Reply Wed 12 Mar, 2008 06:10 am
> "Corrupt Bush Justice Dept..."

You mean as opposed to SlicKKK KKKlintler's exemplary justice dept. headed up by Janet Reno and Jamie Gorilla??

I mean, the problem i'm having with demoKKKrats at this point is that they seem to want to impeach Jorge for all the wrong reasons....

Rational reasons for impeaching Jorge (and Kongaloser) would be recognition of Kosovo as a country (it isn't) or allowing diesal fuel to be driven to $400/gal by pure speculation.

But this dickhead governor of NY is in serious need of removal. Sex and simple affairs are one thing; spending $85K for sex makes you a target for every sort of corruption.

I mean, I've always managed to keep my own budget for sex under $80,000... What ab out others here? Any of you ever pay 80 grand for it??


http://www.news.com.au/heraldsun/story/0,21985,23362356-5005961,00.html

Quote:



By staff writers

March 12, 2008 04:31pm

NEW York's Governor spent up to $US80,000 ($85,000) on prostitutes who he asked to not wear a condom, it has been reported, as sordid details emerged in the sex scandal that threatens to hound him from office.

Eliot Spitzer became embroiled in the scandal on Tuesday when it was reported that he was linked to a US probe into a prostitution ring.

Mr Spitzer was caught on a listening device spending more than $4000 at the Emperor's Club call girl service.

Anonymous officials involved with the case have now been reported by the Associated Press as saying that Mr Spitzer had spent as much as $US80,000 with the service.

It is not clear over what time period that would have been, but the $4000 was reported to have paid for one night with a prostitute named Kristen with credit left over for future sessions.

That suggests Mr Spitzer made at least a couple of dozen visits to the prostitution service.

On the night of the visit with Kristen, Mr Spitzer booked two hotel rooms - one for him and one for her. He then slipped away from his security agents and met her in her room.

Court documents quoted a conversation between Kristen and an Emperor's Club employee about Client 9 - Mr Spitzer, officials have said.

"(He) would ask you to do things that ... you might not think were safe," the employee said.

"I have a way of dealing with that. ... I'd be, like, listen, dude, you really want the sex?" Kristen replied.

An official said that conversation to Mr Spitzer's request that prostitutes agree to unsafe sex and Kristen's refusal to do so.

When the scandal broke, Mr Spitzer appeared at a press conference with his wife to apologise for his actions. There were immediate calls for his resignation, but he has remained in office and been silent on his future since the appearance.

It has since been speculated that he might delay a resignation to use it as a bargaining chip with prosecutors. Or he may try to ride out the scandal and then continue in the job, albeit suitably chastened.

But his political opponents smell blood and are planning impeachment proceedings if he refuses to step aside.

And opponents on Wall Street have said Mr Spitzer's predicament is "too good to be true". "If he had any shame, he would've already resigned," one said.

0 Replies
 
woiyo
 
  1  
Reply Wed 12 Mar, 2008 06:14 am
For 10 years, this hypocritical scumbag has been using the services of hookers while he was prosecuting them and the "johns" while DA in NY.


ANYONE who supports this kind of behavior from elected officials or makes excuses for this behavior, is just a mirror image of Spitzer, a hypocitical scumbag.

"March 11, 2008 -- Disgraced Gov. Spitzer dropped up to $80,000 on sex with prostitutes, sources revealed tonight.

Spitzer, a millionaire, was hopping into bed with harlots for as long as 10 years and traveled as far as Florida for call-girl trysts, sources said.

The prostitute-patronizing former prosecutor spent today huddled with top aides and lawyers in his Fifth Avenue apartment - trying to arrange a plea deal under which he'd resign his office but avoid prison time - as he desperately clung to power despite growing cries for his departure, even among fellow Democrats.

One top aide said Spitzer likely would resign Wednesday. "

http://www.nypost.com/seven/03112008/news/regionalnews/spitzer_has_used_hookers_for_6_years__so_101444.htm
0 Replies
 
Roxxxanne
 
  1  
Reply Wed 12 Mar, 2008 07:00 am
Big frigging deal, 80k (if true, NY Post is not a legitimate news source) is like a broke f*** like you dropping $25 for a BJ.


Spitzder is a MULTI-millionaire, not a millionaire.

BTW the MSM is finally starting to focus on the REAL story. Especially in NY, the number one target for terrorist attacks, why is the FBI spending valuable resources to wire hooker?. This is insanity.
0 Replies
 
woiyo
 
  1  
Reply Wed 12 Mar, 2008 07:08 am
ANYONE who supports this kind of behavior from elected officials or makes excuses for this behavior, is just a mirror image of Spitzer, a hypocitical scumbag.
0 Replies
 
woiyo
 
  1  
Reply Wed 12 Mar, 2008 07:25 am
This is the FIRST THING Spitzer did when he took office.

EXECUTIVE ORDER

No 1: ESTABLISHMENT OF ETHICAL CONDUCT GUIDELINES

WHEREAS, government employment is a privilege rather than a right, and is based upon the trust and confidence placed in the State=s workers by the public; and

WHEREAS, all State employees therefore must act in a manner consistent with that public trust, and must not take any actions that are intended, or appear to be intended, to achieve personal gain or benefit; and

WHEREAS, employees and officers of State agencies and public authorities are subject to certain ethical statutes and rules, including but not limited to the State Code of Ethics (Section 74 of the Public Officers Law), statutory restrictions on business and professional activities (Section 73 of the Public Officers Law), and opinions issued by the State Ethics Commission; and

WHEREAS, there are some areas where New York=s existing statutes governing ethical standards can and should be improved; and

WHEREAS, until that occurs through legislative action, it is appropriate to take steps to ensure that as many State employees and officers as possible maintain the highest ethical and professional standards;

NOW, THEREFORE, I, Eliot Spitzer, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and the laws of the State of New York, do hereby order as follows:

1. Definitions

"Agency" shall mean any state agency, department, office, board, commission or other instrumentality of the State, other than a public authority.

"Public authority" shall mean a public authority or public benefit corporation created by or existing under any State law, at least one of whose members is appointed by the Governor (including any subsidiaries of such public authority or public benefit corporation), other than an interstate or international authority or public benefit corporation.

2. Application

This order shall apply to all State agency officers and employees who serve at the pleasure of the Governor or their appointing authority, and to all members of all public authorities who are appointed by the Governor. Each public authority shall adopt policies or rules applying the restrictions set forth below to all officers and employees who serve at the pleasure of their appointing authority.

3. Prohibition Against the Receipt of Gifts

Subject to the conditions set forth below, all individuals covered by this executive order are prohibited from accepting gifts or gratuities of more than nominal value where the circumstances would permit the inference that: (a) the gift was intended to influence the individual in the performance of official business; or (b) the gift constituted a tip, reward, or sign of appreciation for any official act by the employee. This prohibition shall apply notwithstanding Public Officers Law ' 73(5), which provides that gifts up to $75 may be allowed in certain circumstances.

4. Prohibition Against the Use of State Property

State supplies, equipment, computers, personnel and other resources may not be utilized for non‑governmental purposes, including for personal purposes or for outside activities of any kind. This prohibition includes but is not limited to the following:

a. Official stationery may not be used for non‑governmental
purposes, nor may State government resources be used to mail personal correspondence. The designation "personal" on agency stationery means only that the contents are meant for the personal viewing of the addressee and not that the sender is acting unofficially. All letters and other written materials printed on such official stationery are considered official, and thus the designation "unofficial" has no meaning and may not be used.

b. Under no circumstances may State mail, postage, internal office mail, or inter‑city couriers be used for non‑governmental purposes.

c. State telephones may not be used for non‑governmental long‑distance calls, except for toll‑free calls, collect calls, and calls billed to a personal telephone number. State telephones may be used for incidental and necessary personal local calls that are of limited number and duration and do not conflict with the proper exercise of the duties of the State employee.

d. State computers may be used for incidental and necessary personal purposes, such as sending personal electronic mail messages, provided that such use is in a limited amount and duration and does not conflict with the proper exercise of the duties of the State employee.

e. State vehicles shall be used for official business or incidental use associated with official business away from an employee=s official work station. Individuals who are authorized by their agency or public authority to use a vehicle for personal purposes shall keep records of such use, and the value of such personal use shall be calculated and reported as personal income to such individual for tax purposes.

5. Prohibition Against Nepotism in Hiring and Contracting

a. No individual covered by this order may take part in any hiring or employment decision relating to a family member. If a hiring or employment matter arises relating to a family member, then the employee must advise his or her supervisor of the relationship, and must be recused from any and all discussions or decisions relating to the matter.

b. No individual covered by this order may take part in any contracting decision: (i) relating to a family member; or (ii) relating to any entity in which a family member is an officer, director or partner, or in which a family member owns or controls 10% or more of the stock of such entity.

If a contracting matter arises relating to a family member, then the employee must advise his or her supervisor of the relationship, and must be recused from any and all discussions or decisions relating to the matter.

c. For the purposes of this paragraph, the term "family member" shall mean any person living in the same household as the employee, and any person related to the employee within the third degree of consanguinity or affinity.

6. Prohibition Against Executive Chamber Employees Lobbying State Agencies and Public Authorities

The provisions of Public Officers Law ' 73(8) prohibiting former State officers and employees from appearing or practicing before their former agency for a period of two years shall, with respect to Executive Chamber employees, extend to appearing or practicing before any Executive Branch agency or public authority.

7. Penalties

Any violation of this order may result in dismissal or other appropriate sanction as determined by the appointing authority of the individual committing such violation.

G I V E N under my hand and the Privy Seal of the State in the City of Albany this first day of January in the year two thousand seven.

Eliot Spitzer, Governor

Richard Baum, Secretary to the Governor

<< BACK TO EXECUTIVE ORDERS

http://www.ny.gov/governor/executive_orders/exeorders/1.html
0 Replies
 
 

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