Preview
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024
EXHIBIT G
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024
JAY K. MUSOFF
Partner
345 Park Avenue Direct 212.407.4212
NewYork, NY 10154 Main 212.407.4000
Fax 646.619.4169
imusoff@loeb.com
Confidential Treatment Requested
Via E-mail
May 14, 2018
Pei Pei Cheng-de Castro
Director of Investigations & Enforcement
NewYork State
Joint Commission on Public Ethics
540 Broadway
Albany, NewYork 12207
Re: JCOPENo. 18-015
Dear Ms. Cheng-de Castro:
On behalf of the Honorable Jeffrey D. Klein, we write in response to the letter dated April 9,
2018, by which you notified Senator Klein that the NewYork State Joint Commission on Public
"Commission"
Ethics (the or "JCOPE") has information conceming a potential violation of Public
Officers Law § 74, and provided Senator Klein with a fifteen-day period to submit a written
response (referred to as the "15 Day Letter"). Weappreciate that you have extended the time
by which we have to respond until May 15, 2018. This letter, which fully incorporates herein
Senator Klein's previous submission to the Commission, dated January 24, 2018, constitutes
Senator Klein's response to the 15 Day Letter (the "Response").
As stated more fully below, Senator Klein has been, and will continue to be, fully cooperative
with JCOPE's investigation of the allegation made by Erica Vladimer that Senator Klein kissed
her or attempted to kiss her without her consent outside of a bar in Albany, NewYork, on or
about April 1, 2015, as set forth in the 15 Day Letter. Indeed, it was Senator Klein who initially
requested that JCOPEinvestigate these allegations. However, while we encourage the
Commission's Investigations and Enforcement staff to continue to fully investigate the
allegations, we respectfully submit that the Commission itself has no need to vote "to
commence a fuli investigation," and instead should work with the Investigations and
Enforcement staff to fully and expeditiously resolve this matter.
As we understand the process, the Commission's Investigations and Enforcement staff is able
to fully investigate without a vote of the Commission. The Investigations
the allegations and
Enforcement staff can interview witnesses, request documents, and consider all the evidence,
to the extent they have not already done so. Indeed,
nothing in Executive Law § 94 prevents
the Investigations and Enforcement staff from conducting a full investigation. Although a vote
investigation"
by the Commission "to commence a full in this matter would provide subpoena
power to the Investigations and Enforcement staff, such power is not necessary in this situation,
Los Angeles NewYork Chicago Nashville Washington, DC Beijing Hong Kong www.loeb.com
For the United States offices, a Ilmited riabilitypartnershipincluding professional corporations.For
HongKong onice, a limited liabiity parlnership.
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024
Pei Pei Cheng-de Castro
May 14, 2018
Page 2
and the Investigations and Enforcement staff can fully discharge their responsibility to
investigate this matter without further vote of the Commission.
First, Senator Klein
is cooperating with the Investigations and Enforcement staff. In an effort to
be Senator Klein submitted a preliminary investigation
cooperative, report of the allegations to
the Commission on January 24, 2018. And, although there has not been any request the
by
Investigations and Enforcement staff to meet with or interview Senator Klein yet, Senator Klein
repeatedly has made clear that he is fully cooperating with the investigation and does not
require a subpoena to meet with the Investigations and Enforcement staff.
Second, we have no reason to believe that anyone else who may have information about the
allegedincident on or about April 1, 2015, would require a subpoena in order to answer
any
questions that the Investigations and Enforcement staff might have. As set forth in our January
24, 2018, submission to the Commission, on or about April 1, 2015, Senator Klein was in a
crowded bar, surrounded by and in full view of not only many of the staff of the Independent
Democratic Conference, but also his girlfriend, Senator Diane Savino. Even when Senator
Klein was outside the bar for a couple minutes taking a smoking break, he was
standing on a
well-lit sidewalk, with other people, directly in front of a large picture window at the front of the
bar, in view of Senator Savino and others.
full Not one witness interviewed during the
preliminary investigation who was in a position to see Senator Klein and Ms. Vladimer observed
any aspect of the activity complained of by Ms. Vladimer. Werespectfully request that the
Investigations and Enforcement staff interview the individuals identified in the preliminary
investigation report, which was submitted to the Commission and the Investigations and
Enforcement staff on January 24, 2018. Weexpect that the Investigations and Enforcement
staff can fully investigate these allegations now, without needing subpoenas and without a
further vote of the Commission.
Third, we would be extremely surprised if Ms. Vladimer would require a subpoena before she
would be willing to be interviewed by the Investigations and Enforcement staff, if she has not
already been interviewed. As the Commission knows, Ms. Vladimer never raised these
allegations with her supervisors when she served on the IDC staff, never filed any complaint
with the IDC or the NewYork State Senate, and never filed
any complaint with JCOPE.
Instead, Ms. Vladimer began making statements to the press and meeting with political
opponents of Senator Klein, beginning in January 2018, nearly three years after the alleged
incident of which she complains. Wedo not know if Ms. Vladimer has spoken yet with the
Investigations and Enforcement staff. However, if Ms. Vladimer refuses to meet with the
Investigations and Enforcement staff, yet has continued to make statements to the press about
the alleged incident, that would weigh on her credibility and motivations.
Fourth, given the nature of the allegations set forth in the 15 Day Letter, the Investigations and
Enforcement staff is able to fully investigate these allegations now without a further vote of the
Commission. Weare aware of no witnesses to the alleged incident, and, indeed, not one
witness interviewed during the preliminary investigation who was in a position to see Senator
Klein and Ms. Vladimer observed any aspect of the complained of by Ms. Vladimer.
activity
None of the documents we have reviewed lend any support to the allegations, and indeed, the
documents attached to the January 24 submission, such as Ms. Vladimer's resignation letter,
undermine her allegations. Wesubmit that the Investigations and Enforcement staff is in a
position to consider all the available evidence, including the statements of Ms. Vladimer, the
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024
Pei Pei Cheng-de Castro
May 14. 2018
Page 3
statements of Senator Klein, and the statements of individuals who were in a position to observe
Ms. Vladimer and Senator Klein, without further vote of the Commission.
Lastly, we respectfully submit that the unique circumstances of this matter present the
Commission with an
opportunity to investigate, weigh the evidence, and expeditiously conclude
this matter without further vote to continue the investigation. As a threshold matter, to our
knowledge, Ms. Vladimer never filed any complaint with JCOPE. Rather, Senator Klein
requested that JCOPEinvestigate the allegations that Ms. Vladimer had made to the press.
These allegations concem one, singular incident, for which to our knowledge there are no
witnesses or other corroboration. Indeed, all the witnesses of which we are aware who were in
a position to view the alleged incident did not observe the activity the Ms. Vladimer describes.
Senator Klein unequivocally denies the allegations. There is no history of any other allegations
or incidents of an even remotely-related nature to these allegations made against Senator Klein.
To the contrary, Senator Klein has worked to create an egalitarian workplace where womenare
in positions of leadership, and has a long history of sponsoring and supporting legislation that
supports women. It simply defies common sense to suggest that Senator Klein would have
risked his reputation and his legislative accomplishments by kissing or attempting to kiss Ms.
Vladimer in full view of his longtime girlfriend, numerous staff members, and in the middle of a
very visible and public street.
The Commission does not need a further vote to continue this investigation, which has been
pending for more than five months, to conclude that no substantial basis exists to find a violation
of law. Werespectfully submit that the Commission should direct the Investigations and
Enforcement staff to conclude its work thoroughly and expeditiously, after which a full
consideration of the evidence will compel the Commission to close this matter without any
further vote or investigation.
. . .
By providing this Response, Senator Klein does not intend to, and does not, waive any
applicable privilege or other legal basis by which information is protected from production. If it
were found that the Response constitutes disclosure of otherwise privileged or protected
matters, then such disclosure would beinadvertent. Senator Klein does not intend to, and has
not, waived the attomey-client or any other protection.
privilege Werespectfully request that
JCOPEtreat this Response and the attachment confidentially and in accordance with Executive
Law §§ 94(13)(b) ("All of the foregoing proceedings shall be confidential.") and 94(19), as well
as any other applicable laws. Wealso request confidential treatment under the NewYork State
Freedom of Information Law, pursuant to Public Officers Law § 87(2), and any other applicable
laws exempting the disclosure of such information. This Response and attachment are
submitted pursuant to Federal Rule of Evidence 408 and CPLR§ 4547, and their submission is
not intended to waive any such privileges. Furthermore, the Response is provided without
limitation of Senator Klein's right and ability to make additional submissions and responses to
JCOPE. Similarly, by providing the Response, Senator Klein does not admit that there is a
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024
Pei Pei Cheng-de Castro
May14, 2018
Page 4
substantial basis to commence a substantial basis investigation pursuant to Executive Law §
94(13)(b). AII rights and remedies on behalf of Senator Klein are expressly reserved.
Sincerely,
J Musoff
Partner
Preview
FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024 EXHIBIT G FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024 JAY K. MUSOFF Partner 345 Park Avenue Direct 212.407.4212 NewYork, NY 10154 Main 212.407.4000 Fax 646.619.4169 imusoff@loeb.com Confidential Treatment Requested Via E-mail May 14, 2018 Pei Pei Cheng-de Castro Director of Investigations & Enforcement NewYork State Joint Commission on Public Ethics 540 Broadway Albany, NewYork 12207 Re: JCOPENo. 18-015 Dear Ms. Cheng-de Castro: On behalf of the Honorable Jeffrey D. Klein, we write in response to the letter dated April 9, 2018, by which you notified Senator Klein that the NewYork State Joint Commission on Public "Commission" Ethics (the or "JCOPE") has information conceming a potential violation of Public Officers Law § 74, and provided Senator Klein with a fifteen-day period to submit a written response (referred to as the "15 Day Letter"). Weappreciate that you have extended the time by which we have to respond until May 15, 2018. This letter, which fully incorporates herein Senator Klein's previous submission to the Commission, dated January 24, 2018, constitutes Senator Klein's response to the 15 Day Letter (the "Response"). As stated more fully below, Senator Klein has been, and will continue to be, fully cooperative with JCOPE's investigation of the allegation made by Erica Vladimer that Senator Klein kissed her or attempted to kiss her without her consent outside of a bar in Albany, NewYork, on or about April 1, 2015, as set forth in the 15 Day Letter. Indeed, it was Senator Klein who initially requested that JCOPEinvestigate these allegations. However, while we encourage the Commission's Investigations and Enforcement staff to continue to fully investigate the allegations, we respectfully submit that the Commission itself has no need to vote "to commence a fuli investigation," and instead should work with the Investigations and Enforcement staff to fully and expeditiously resolve this matter. As we understand the process, the Commission's Investigations and Enforcement staff is able to fully investigate without a vote of the Commission. The Investigations the allegations and Enforcement staff can interview witnesses, request documents, and consider all the evidence, to the extent they have not already done so. Indeed, nothing in Executive Law § 94 prevents the Investigations and Enforcement staff from conducting a full investigation. Although a vote investigation" by the Commission "to commence a full in this matter would provide subpoena power to the Investigations and Enforcement staff, such power is not necessary in this situation, Los Angeles NewYork Chicago Nashville Washington, DC Beijing Hong Kong www.loeb.com For the United States offices, a Ilmited riabilitypartnershipincluding professional corporations.For HongKong onice, a limited liabiity parlnership. FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024 Pei Pei Cheng-de Castro May 14, 2018 Page 2 and the Investigations and Enforcement staff can fully discharge their responsibility to investigate this matter without further vote of the Commission. First, Senator Klein is cooperating with the Investigations and Enforcement staff. In an effort to be Senator Klein submitted a preliminary investigation cooperative, report of the allegations to the Commission on January 24, 2018. And, although there has not been any request the by Investigations and Enforcement staff to meet with or interview Senator Klein yet, Senator Klein repeatedly has made clear that he is fully cooperating with the investigation and does not require a subpoena to meet with the Investigations and Enforcement staff. Second, we have no reason to believe that anyone else who may have information about the allegedincident on or about April 1, 2015, would require a subpoena in order to answer any questions that the Investigations and Enforcement staff might have. As set forth in our January 24, 2018, submission to the Commission, on or about April 1, 2015, Senator Klein was in a crowded bar, surrounded by and in full view of not only many of the staff of the Independent Democratic Conference, but also his girlfriend, Senator Diane Savino. Even when Senator Klein was outside the bar for a couple minutes taking a smoking break, he was standing on a well-lit sidewalk, with other people, directly in front of a large picture window at the front of the bar, in view of Senator Savino and others. full Not one witness interviewed during the preliminary investigation who was in a position to see Senator Klein and Ms. Vladimer observed any aspect of the activity complained of by Ms. Vladimer. Werespectfully request that the Investigations and Enforcement staff interview the individuals identified in the preliminary investigation report, which was submitted to the Commission and the Investigations and Enforcement staff on January 24, 2018. Weexpect that the Investigations and Enforcement staff can fully investigate these allegations now, without needing subpoenas and without a further vote of the Commission. Third, we would be extremely surprised if Ms. Vladimer would require a subpoena before she would be willing to be interviewed by the Investigations and Enforcement staff, if she has not already been interviewed. As the Commission knows, Ms. Vladimer never raised these allegations with her supervisors when she served on the IDC staff, never filed any complaint with the IDC or the NewYork State Senate, and never filed any complaint with JCOPE. Instead, Ms. Vladimer began making statements to the press and meeting with political opponents of Senator Klein, beginning in January 2018, nearly three years after the alleged incident of which she complains. Wedo not know if Ms. Vladimer has spoken yet with the Investigations and Enforcement staff. However, if Ms. Vladimer refuses to meet with the Investigations and Enforcement staff, yet has continued to make statements to the press about the alleged incident, that would weigh on her credibility and motivations. Fourth, given the nature of the allegations set forth in the 15 Day Letter, the Investigations and Enforcement staff is able to fully investigate these allegations now without a further vote of the Commission. Weare aware of no witnesses to the alleged incident, and, indeed, not one witness interviewed during the preliminary investigation who was in a position to see Senator Klein and Ms. Vladimer observed any aspect of the complained of by Ms. Vladimer. activity None of the documents we have reviewed lend any support to the allegations, and indeed, the documents attached to the January 24 submission, such as Ms. Vladimer's resignation letter, undermine her allegations. Wesubmit that the Investigations and Enforcement staff is in a position to consider all the available evidence, including the statements of Ms. Vladimer, the FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024 Pei Pei Cheng-de Castro May 14. 2018 Page 3 statements of Senator Klein, and the statements of individuals who were in a position to observe Ms. Vladimer and Senator Klein, without further vote of the Commission. Lastly, we respectfully submit that the unique circumstances of this matter present the Commission with an opportunity to investigate, weigh the evidence, and expeditiously conclude this matter without further vote to continue the investigation. As a threshold matter, to our knowledge, Ms. Vladimer never filed any complaint with JCOPE. Rather, Senator Klein requested that JCOPEinvestigate the allegations that Ms. Vladimer had made to the press. These allegations concem one, singular incident, for which to our knowledge there are no witnesses or other corroboration. Indeed, all the witnesses of which we are aware who were in a position to view the alleged incident did not observe the activity the Ms. Vladimer describes. Senator Klein unequivocally denies the allegations. There is no history of any other allegations or incidents of an even remotely-related nature to these allegations made against Senator Klein. To the contrary, Senator Klein has worked to create an egalitarian workplace where womenare in positions of leadership, and has a long history of sponsoring and supporting legislation that supports women. It simply defies common sense to suggest that Senator Klein would have risked his reputation and his legislative accomplishments by kissing or attempting to kiss Ms. Vladimer in full view of his longtime girlfriend, numerous staff members, and in the middle of a very visible and public street. The Commission does not need a further vote to continue this investigation, which has been pending for more than five months, to conclude that no substantial basis exists to find a violation of law. Werespectfully submit that the Commission should direct the Investigations and Enforcement staff to conclude its work thoroughly and expeditiously, after which a full consideration of the evidence will compel the Commission to close this matter without any further vote or investigation. . . . By providing this Response, Senator Klein does not intend to, and does not, waive any applicable privilege or other legal basis by which information is protected from production. If it were found that the Response constitutes disclosure of otherwise privileged or protected matters, then such disclosure would beinadvertent. Senator Klein does not intend to, and has not, waived the attomey-client or any other protection. privilege Werespectfully request that JCOPEtreat this Response and the attachment confidentially and in accordance with Executive Law §§ 94(13)(b) ("All of the foregoing proceedings shall be confidential.") and 94(19), as well as any other applicable laws. Wealso request confidential treatment under the NewYork State Freedom of Information Law, pursuant to Public Officers Law § 87(2), and any other applicable laws exempting the disclosure of such information. This Response and attachment are submitted pursuant to Federal Rule of Evidence 408 and CPLR§ 4547, and their submission is not intended to waive any such privileges. Furthermore, the Response is provided without limitation of Senator Klein's right and ability to make additional submissions and responses to JCOPE. Similarly, by providing the Response, Senator Klein does not admit that there is a FILED: ALBANY COUNTY CLERK 05/29/2024 07:39 PM INDEX NO. 905075-24 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 05/29/2024 Pei Pei Cheng-de Castro May14, 2018 Page 4 substantial basis to commence a substantial basis investigation pursuant to Executive Law § 94(13)(b). AII rights and remedies on behalf of Senator Klein are expressly reserved. Sincerely, J Musoff Partner