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  • Felony Complaint Against Pigeon, Mazurek and Pfaff

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    The complaint charging G. Steven Pigeon, Kristy Mazurek and David Pfaff with four felonies related to actions of a political committee.

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    Felony complaint against Pigeon, Mazurek and Pfaff

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    The complaint charging G. Steven Pigeon, Kristy Mazurek and David Pfaff with four felonies related to actions of a political committee.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    6K vues15 pages

    Felony Complaint Against Pigeon, Mazurek and Pfaff

    Transféré par

    AaronBesecker
    The complaint charging G. Steven Pigeon, Kristy Mazurek and David Pfaff with four felonies related to actions of a political committee.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme PDF ou lisez en ligne sur Scribd
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    STATE OF NEW YORK : COUNTY OF ERIE, LANCASTER VILLAGE COURT PEOPLE OF THE STATE OF NEWYORK against: EBLONY COMPLAIN G. STEVEN PIGEON, KRISTY MAZUREK, DAVID PFARE, No.: 00771-2017 (AG) Defendants. INVESTIGATOR BRIAN ROSS of the New York State Office ofthe Attomey Genera (bereinalter “OAG" oF Deponent”), Shield Number 2420, being duly sworn, deposes and states that the defendants, G. STEVEN PIGEON, KRISTY MAZUREK and DAVID PEAEP committed the following crimes COUNT ONE: On or about August 6, 2013 theough on oF about September 9, 2013, in the Village of Lancaster, and elsewhere inthe County of Eee, State of New York the defendants, G, STEVEN PIGEON, KRISTY MAZUREK and DAVID PFAFE, commited the crime of Election Law sect 14-126 (Sa class E. felony, in that hey, while acting on bel ofa politcal commits, to wit, Westem New York Progressive Caucus, knowingly and willfully solicited, organized or eootdinated the formation of aetvities of one or more unauthorized committees, and made expenditures in connection with the nomination for election or election of any candidate, to wit, Candidate 1, o solicited any person to make any such expenditures for the purpose of evading the contribution limitations of Amicle 14 ofthe New York State Election Law COUNT TWO: On or about August 5, 2013 through on or about September 10,2013, in the Village of Lancaster and elsewhere in the County of Brie, State of New York, the ‘defendants, G. STEVEN PIGEON, KRISTY MAZUREK and DAVID PFAFF, committed the crime of Eletion Law section 14-126(5), a lass E felony, in tht they, while acting on behalf ‘apolitical commit, to wit, Westem New York Progressive Caucus, knowingly and “wllfilly solicited, organized or coordinated the formation of activities of one or more unauthorized committees, and made expenditures in connection withthe nomination for election ‘oreleetion ofany eandate, to wit, Candidate o solicited any person to make any such expenditures, forthe purpose of evading the contribution Himitations of Article 14 of the New York State Election Laws COUNT THREE: On or about August 7, 2013 through on or about September 10, 2013, in the Village of Lancaster and elsewhere in the County of Bri, State of New York, the defendants, G, STEVEN PIGEON, KRISTY MAZUREK and DAVID PFAFE, committed the im of Eletion Law setion 14-126(8) a elassE felony. in that they, while ating om behal ‘of poliial committe, to wit, Western New York Progressive Caucus, knowingly’ and willfully solicited, organized or coordinated the formation of activities of one or more unauthorized commits, and made expenditures in comnction with the nomination fr eestion ‘orelection ofany candidate, to wit, Candidate 3 or soleited any person to make any such ‘expenditures, for the purpose of evading the contribution limitations of Article 14 ofthe New York State Blestion Laws COUNT FOUR: On orabout September 13, 2013 inthe Village of Lancaster and «lsewhere in the Count of Ere, State of New York, the defendants, G. STEVEN PIGEON, KRISTY MAZUREK and DAVID PFAFF, committed the crime of Offering a False Instrument for Filing inthe First Degree, in violation of Penal Law section 175.35, a class E felony, in that they, knowing that a written instrument contained false statement or false information, and with itent to defiaud the State of New York or any politcal subdivision, public authority or public benefit corporation of the state, offered or presented it toa public office, public servant, public thority or public henelit corporation with the knowledge or bli that i ‘woul be fled with, registered or recorded in, and otherwise become part of the records of such public offic, public servant, public authority or public Benefit comporation, to wit, Wester New York Progressive Cauevs Political Committoe's New York State Board of Blections Campaign Finance Disclosure Report for the 2013 11-Day’Pre-Primary repoting potod filed with the New York State Board of Elections. PACTUAL Bas 1. Laman Inestigator located in the OAG Ballo Regional Office. I base this Felony Complaint upon my own personal knowledge taining experience, and the information provides to me by thintparties. The third parties include numerous witnesses and the information consists of email and text communication, records ofthe New York State Board of lections, and bank records identify the sources ofall information provided by third parties and believe tha the infermation provided by them is rue and accurate OVERVIEW 2. G-Steven Pigeon (“Pigeon”) is an atome political operative, owner of Landen CC Landen”), and co-owner of PAPI Holdings (*PAPT*, both consulting businesses He is the former Erie County Demoeratie Chairman. Kristy Lynn Mazurek ‘© Mazurek”) is a former news reporter who recently ran an unsuccessful campaign for a New York State Assembly seat, anda lose aequaintance of Pigeon’s, David PFatT (*PFatl”) is a se ‘employed political consultant, formerly employed with various De nocratic legislators. As will be alleged in more deal bslow, defendants Pigeon and Mazurck formed apolitical commie in August 2013, named Waster New York Progressive Caueus (“WNYPC"), lated at 14 Doris Avenue, Village of Lancaster, County’ of Brie, State of New York, and registered it withthe Now ‘York State Board of Elections (“SBOE”). Mazurek has been the treasurer of WNYPC since its 3 inception. According to SBOE records, WNYPC is still an ative committee, Pigeon, Mazarek and fa each played key rles in the ereaion, operation and funding of WNYPC. Specialy Mazurek was WNYPC's treasure: Pfu fled WNYPCY'srequized reports with the State Boanl of lectins SBOE"); and Pigoon was WNYPC’s fundraiser and its primary decision maker WNYPC's purported purpose was to support candidates who ran in the 2013 primary races eld on September 10,2013. Pigeon, Mazurek and Pfaff committed crimes arising fom thei involvement with WAYPC. REGISTRATION AND CAMPAIGN FINANCE DISCLOSURE REPORT. FILING REQUIREMENTS WITH THE SHOE 3, Lam familiar with the New York State Eletion Law (“EL”) including political «ommittes” obligations for completing and then Gling Campaign Finance Disclosure Reports (CCFDR") withthe SBOE, Three types of political commitees are relevant for tbe purposes of this Felony Complain: an authorized commie: an unauthorized commits also known 3s an independent expenditure committee (“HEC"): and polities action committee *PAC™), An authorized committe can be used when any commie, politcal elub or combination of one or more persons operates cr cooperates to sid or take part inthe election or defeat of a candidate for public office. An IEC isnot specifically authorized by one candidate or a group of candidates to raise or spend money on their half fr their elestion, Acconlingly, an IBC can support mliple candidates atthe same time 44. Though aot defined by New York Law in 2013, a PAC was then considered by SBOE to be a political committee that supports candidates or other politcal committees solely by ‘making contributions. A PAC cannot make direet expenditures on behalf ofa candidate, The ‘maximum amount that a PAC can give directly to a candidate or committee is subject tothe ‘campaign contribution limits set by the SBOE fora particular election. An IBCs spending on behalf ofa candidate is subject the same contribution lis is as a PAC. See, SBOE Campaign Finance Handbook 2013, page I. Each primary, general, or special election campaign has its own contribution limit. Accordingly, no contributor may give more to @ candidate or a candidate's authorized politcal commitce than an amount determined under the law for the office sought by the candidate, EL 14-114 (1) (@)(b). 5. Accotdirg to the Election Law, an IEC must be independent ofthe candidate othe ‘candidate's agents. An IEC can make an expenditure that (i) expressly advocate forthe election ‘or defeat of a candidate: and (i is independent of the candidate or his agents or authorized political committees. Specifically, the candidate or the candidate's agents or authorized political ‘committees cannot authorize, request, suggest, foster or cooperate in any way with the IEC. EL 14-100. legal coordination between an IEC and a candidate or the candidate's committee occurs ‘when there is communication between them about IEC expenditures made on behalf of the ‘candidate that exceed the campaign expenditure limit for that candidate's race. In 2013, BL. 265) was the statute that made coondination ilegal.' The statute stated as follows: Any person who shall, acting on behalf of candidate or political committe, knowingly and willfully solicit, organize or coordinate the formation of activities of one of more unauthorized committees, ‘ake expenditures in connection with the nomination for election or election of any candidate, or solicit any person to make any’ such texpenditires, forthe purpose of evading he contributions limitations ofthis article, shall be guilty ofa class E felony 6. The EI directs when a politcal committe is obligated to repister and fle (Campaign Finance Disclosure Reports (*CFDR") with the SBOE for different reposting periods established annually by the SBOE. All financial activities which occurred during each reporting petiod must be reeordec on specie schedules on the CFDR, such as Schedule A for individuals "was sobequely amendid oF section 14-2606) 5 ‘or partnerships contributions, Schedule B for contributions from corporations and Schedule C for ‘other monetary contributions. Expenses pai by the politcal commitice are reported on Schedule F. The cut-off dates foreach reporting period and the deadlines for fling are established annually by the SBOE. EL section 14-102; EL section 14-1 10; NYCRR 6200.1. AI CEDRS filed with ‘SBOE must be tuthful and specific, EL 14-118, 14-102(1), 7. Lam aware tha any contsibution toa eandidate or political committee must be ‘male under the true nan of the contributor. EL. 14-120 (1) prohibits a contributor from making ‘a donation in anyone else's name but his own. I also prohibits a candidate, the candidate's ‘committee, or any other person from knowingly receiving 8 payment or a promise of a payment, ‘or entering, or causing te contribution to be entered, into the secounts ofa committee in a name ‘other than that of the person of persons by whom it was made. 8. BL section 14-102 (1) provides: The teasurer of every politcal committee which, oF any officer, member ‘or agent of such committee who, in connection with any election, receives bor expends any money or other valuable thing or incurs any liability o pay money or its equivalent shall file statements sworn, or subscribed and bearing a form notice that false statements made therein are punishable as a class A misdemeanor pursuant to section 210.45 af the penal ls, at the times prescribed by this article seting forth all the receipts, contributions to and the expenditures by and linbiiies of the committee, and of its officers, members and agents on its behalf “The statements referred to in this statute are the CFDRs. Whenever a committe receives «contribution that exceads $99, the cnteibution hs tobe itemized in detail on the appropriate schedule ofthe CFDR. he itemized detail must include the name and address ofthe contributor, the amountof the contribution, and the check number, if the contribution was made by check. EL seetion 14-118; and BL section 14-102(1). "One of the CFDRS tht the SBOE requires isa so-called 11-DayPr-Primary. This ear cefeedt bko ithe ‘ial port Med bya campsin sommes prior othe primary lection, 6 WNYPC’S CREATION AND REGISTRATION WITH THE NEW YORK SHOE 8, On tanvary 29,2015, members ofthe State Police and the FBI interviewed “Mazurok, who stated that in 2013, she and defendant Pigeon decided to start WNYPC. Pigeon told her that he would aot be the treasure, so she volunteered forthe job. Defendant Pa also ‘became involved in WNYPC. Mazak suid that Pra was political strategist who was served as the “administrative guy" for WNYPC. 10. On Augtst 22, 2013, the SBOE received a Committee Re (Fo CF-03 signed by Macurek and dated August 1, 2013, She was the designated Treasurer ofthe WNYPC and M&T Bank was the selected depository for WNYPC. Both the opening account records, which have reviewed, and the CFO, list the adress of WNYPC as 14 Doris Avenue, Village of Lancaster, County of Erie, State of New York. According to the Form CF-02, jnler WNYPC as a PAC. In ale Mazurek sought 10 er dated August 26, 2013 to Mazurek, the ‘SBOE acknowledged rveipt of her registration form and assigned her Filer Identification Number A 19577. On September 11 1013, one day aftr the September 10,2013 primary, Mazurck amended that designation to register WNYPC asa IEC. SBOE records show that despite repeated request, Mavaek fill to ile an additional form that the SBOE requested regarding WNYPC"s redesignation from a PAC to an IEC, Therefore, the redesignation of WNYPC from a PAC to an LEC didnot offically occur until February 20, 2014. Based upon WNYPC's filings and interviews ‘with Mazurek and Pill it was apparent that WNYPC was intended tobe an LEC from its inception 11, On Febrary 10,2015, members ofthe State Police and the FBI interviewed lfendan Pfaff; Pra tated that he was the individual responsible for entering data an filing \WNYPC's CFDRS withthe SBOE, because he had the software necessary to complete the ‘CFDRs and file them with the SBOE on his compute. He said that he was familiar with the 1 lection Lav, had run campaigns for many yeas, nd could run a campaign “in his sleep.” Patt confirmed that WNYPC worke on political campaigns in 2013 that supported Candidates 1 and 2.and others 12, Paff stated that WN'YPC “belong” to Pigeon and Mazur, who were responsible For making ihe Final decision on WNYPC's expenditures. He said that Pigeon was, the one who was able tc raise the money, Pfaff stated that he was responsible for filing WNYPC'S finance reprts tothe SBOE, During the 2013 campaign season, Pla worked on specific campaigns at Pgeon's dzetion, creating campaign literature and targeted mailings. He ‘vas compensated approximately $6,000 by Pigeon through Pigcon's consulting business, Landen Associates, LLC ("Landen’), for working onthe campaigns and working for WNYPC. 13, Ihave reviewed the bank records of WNYPC, as well as those of Landen and Pigeon. In adition, I heve reviewed the writen statements of every person who directly or ini ly donated to WNYPC. Virtually all ofthe approximately $250,000 in contributions received by WNYPC re obtained a «result of Pigeon’s solicitation of money fom the donors, According to C2DRs filed by WNYPC with the SBOE, Pigeon purportedly loaned WNYPC $90,000. 14, WNYPC’s CFDR filings showed that WNYPC supported a number of candidates in the 2013 Eric County Democratic Primary. Among others, WNYPC supported Candidates 1, and 3, who were ranting for various county and local offices. WNYPC paid expenses associated with each ofthese thee eandiate’s campaigns which exceeded the contribution limit for each candidate's rae. The OAG's investigation has revealed tat Pigeon, Mazurek, and Pfft on behalf of WNYPC, illegally coordinated with Candidates |. 2 and 3 in vioaton of EL section 14-126 3). Notonly did WNYPC pay expenses foreach ofthese candidates that ‘exceeded the contribution limit, bt Pigeon, Mazurek, and Pfaff communiested and coordinated 8 ‘with the three candidates regarding campaign expenses that WNYPC incurred on each one’s Dehall WNYPC ILLEGALLY COORDINATED WITH CANDIDATES 1, 2, and 3 WITH RESPECT TO THE 2013 DEMOCRATIC PRIMARY A. WNYPC’S ILLEGAL COORDINATION WITH CANDIDATE 1 (Couat 1 15, 1n2013,Candiate 1 ran for an Erie County office. The contibuion limit set by the SBOE for Candidate 1's Democratic Primary eletion held on September 10,2013 was 51,476.50, On August 8, 2013, Penson 1a business associate af Pigcon’s, forwarded him a ist ‘of the campaign contribution limits for a number of candidates including Candidate 1 16, Onorabout August 26,2015, investigators fom the OAG interviewed Candidate 1. Candidate 1 stated that Mazurek served as his campaign manager prior to the time that WNYPC came into existence. Candidate 1 said that after WNYPC was created, Mazurek told him she could no longer be his campaign manager because of WNYPC but in fat, continued and even expanded the le she played in his campaign 17, Anexamrination of Candidate 1's CEDRs filed withthe SBOE showed that very lite money was raised and spent on his campaign prior othe September 10,2013 Democratic Primary. Candidate I's campaign committe received only $450 between July 12, 2013 and September 16,2013. ncontas, after WNYPC was established, WNYPC received over $250,000 in contributions and spent money to pay vendors for expenses related to diferent ‘candidates’ campaigns, eluding Candidate U's 18, WNYPC actively engaged Candidate 1 and sought his input with respect 0

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