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Key excerpts from the criminal complaint against Ciminelli, Percoco, Kaloyeros

Key excerpts from the 79-page criminal complaint against Joseph Percoco, Alain Kaloyeros, Louis Ciminelli and five others, unsealed Thursday morning.


“The charges in this Complaint stern from two overlapping criminal schemes involving bribery, corruption and fraud in the award of hundreds of millions of dollars in State contracts and other official State benefits."


“The first scheme (the “PERCOCO Bribery Scheme) involves efforts by JOSEPH PERCOCO ... who served as the Executive Deputy Secretary to the Governor of the State between in or about January 2012 and mid-2014, and again in or about 2015, to abuse his official position and extensive influence within the Executive Branch by seeking and accepting bribe payments from executives at companies that were seeking benefits and business from the State in exchange for use of PERCOCO’s official authority and influence to benefit those companies.

“In part to disguise the nature and source of the bribe payments, bribes to PERCOCO were funneled in certain instances through a third-party intermediary and in other instances through bank accounts and a shell company set up by Todd Howe ... a consultant who had been retained by the bribe-paying companies to help them obtain official State favors, and who is now cooperating with the Government."


“The second scheme (the “Buffalo Billion Fraud and Bribery Scheme”) involves bribery, corruption, and fraud in the award of contracts under the Governor’s “Buffalo Billion” initiative and similar programs. In that scheme, executives at two companies, one of which was the Syracuse Developer, conspired with ALAIN KALOYEROS ... and Howe to deceive Fort Schuyler, a State-funded entity charged with awarding State contracts worth hundreds of millions of dollars, by secretly rigging the bidding process so that the contracts would be awarded to those two companies."


“More specifically, ALAIN KALOYEROS ... who oversaw the application process for many of the State grants awarded under the Buffalo Billion and similar programs, retained Howe to assist with developing the projects and identifying developers for those projects.

“Howe in turn solicited and received bribe and gratuity payments from (a) the Syracuse Developer, run by, among others, STEVEN AIELLO and JOSEPH GERARDI, the defendants, who were seeking State development grants for projects in Syracuse, New York, and (b) a Buffalo-based developer ... run by, among others, LOUIS CIMINELLI, MICHAEL LAIPPLE, and KEVIN SCHULER, the defendants, that was seeking State development grants for projects in Buffalo, New York.

“In exchange for the bribe payments to Howe, Howe worked with KALOYEROS to deceive Fort Schuyler by secretly tailoring the required qualifications for those development deals so that the Syracuse Developer and the Buffalo Developer would be awarded the contracts, in Syracuse and Buffalo respectively, without any meaningful competition.”


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