JCOPE officials allowed Cuomo and his team to dictate the terms of what information it would disclose and when about the book contract when it sought approval from the ethics agency.
“One of the clear takeaways from our analysis of JCOPE’s approval of the July 10 [2020 book] request is that the Executive Chamber overpowered JCOPE, and JCOPE failed to assert itself as a watchdog agency against the Governor,” the findings of the law firm Hogan Lovells found.
For example, the commissioners should be required to approve any outside activity such as a profit-making book of a statewide office holder. JCOPE commissioners delegated the authority to its top staff. Andrew Cuomo was paid a $3.1 million advance to wrote his book, American Crisis, with his publishing contract ensuring him another $2 million.The initial request to JCOPE from Cuomo’s lawyer for approval “mischaracterized” the subject matter of the book by “failing to disclose that it would focus on Governor Cuomo’s response to the to the COVID-19 pandemic” and claiming it would merely be a continuation of the prior book he wrote.
Cuomo writing the profitable book while making COVID-19 policies for New York was a conflict of interest, the investigative report found.In an email exchange, Commissioner James Yates asked why approval of the book deal has to be done on a “rush basis.” The use state resources — which is supposed to be prohibited — was one of nine factors under state law that JCOPE was supposed to look at to determine whether to approve the book deal.
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