Percoco v. United States

Percoco v. United States [Peroco v. United States Et Al.] is a 2023 fraud and corruption court case in the United States Court of Appeals for the Second Circuit.

Percoco v. United States
CourtUnited States Court of Appeals for the Second Circuit
Full case name Peroco v. United States Et Al.
ArguedNovember 28, 2022 – May 11, 2023
Docket nos.21-1158
Court membership
Judges sittingRaymond Lohier
Susan L. Carney
Richard J. Sullivan
Joseph F. Bianco
Michael H. Park
William J. Nardini
Steven Menashi
Eunice C. Lee
Beth Robinson
Myrna Pérez
Alison Nathan
Chief judgeDebra Ann Livingston

Background

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Joseph Percoco was appointed by Andrew Cuomo to be Executive Deputy Secretary of New York from 2011 to 2016. During an 8-month period in 2014, Percoco resigned from his position to manage Cuomo's reelection campaign. It was during this time that he accepted $35,000 to aid the COR Development Company with its dealing with the Empire State Development Corporation, allowing COR to ignore a labor peace agreement.[1]

The United States Department of Justice charged him with '10 counts of conspiracy to commit honest-services wire fraud in relation to the labor-peace requirement'. Percoco argued that he could not commit honest-services wire fraud as he resigned from office and was a citizen. He was found guilty in March 2018,[2] but Percoco appealed to the Appeals for the Second Circuit.[1]

Appeal case

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The case in the Second Circuit was argued from November 28, 2022, to May 11, 2023. Percoco again argued he could not commit honest-services wire fraud as he resigned from office and was a citizen. Both Samuel Alito and Clarence Thomas wrote to the judges, advising them to find him guilty, but they unanimously found Percoco not guilty.[3][4]

See also

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References

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  1. ^ a b Percoco v. United States, vol. 598, 28 November 2022, p. 319, retrieved 2024-08-11
  2. ^ Wang, Vivian; Weiser, Benjamin (2018-03-13). "Joseph Percoco, Ex-Cuomo Aide, Found Guilty in Corruption Trial". The New York Times. ISSN 0362-4331. Retrieved 2024-08-11.
  3. ^ Liptak, Adam; Ferré-Sadurní, Luis (2023-05-11). "Supreme Court Throws Out Fraud Convictions in Albany Scandals". The New York Times. ISSN 0362-4331. Retrieved 2024-08-11.
  4. ^ Barnes, Robert (2023-05-22). "Supreme Court overturns public-corruption conviction of Cuomo aide". Washington Post. ISSN 0190-8286. Retrieved 2024-08-11.