Cuomo-related fraud cases could set new Supreme Court precedent

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Cuomo-related fraud cases could set new Supreme Court precedent
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The U.S. Supreme Court heard a pair of cases related to a bribery scandal that shook former New York Gov. Andrew Cuomo's administration, which could set major federal precedent for fraud cases to come.

Make your contribution now and help Gothamist thrive in 2022.Before the sexual harassment scandal that took New York Gov. Andrew Cuomo down, there was the bribery and fraud scandal that shook his administration but never quite reached the governor himself.

redevelopment program — despite no bribe money changing hands, which is at the center of Ciminelli’s appeal. Percoco’s attorney, Yaakov Roth, argued before the court that distinction makes all the difference. Since he wasn’t a public official at the time, Roth claims Percoco didn’t have a “fiduciary duty” to the government — therefore, he can’t be convicted of defrauding the public.

“This rule would allow an individual to formally leave government for a single day, accept a bribe in exchange for ordering government employees to take official action, and return to formal employment without penalty,” Nicole Frazer Reaves, an assistant to the U.S. solicitor general who argued the government’s case, told the court Monday.

The two companies ultimately won the contracts, which made them the “preferred contractors” of SUNY Poly’s real-estate arm and led to the two companies receiving huge construction contracts, including a $750 million contract for LPCiminelli.

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