“Todd Howe, the lobbyist-turned-cooperator who was arrested during the time he testified against an ex-aide to New York Gov. Andrew Cuomo accused of bribery, shed tears on the witness stand Thursday morning before his tumultuous cross-examination ended with an admission that he doesn’t know how many emails he has faked.
Howe, who was arrested a week ago after seemingly admitting to a violation of his cooperation agreement, is a key witness in the government’s case against former Cuomo “right-hand man” Joe Percoco and three businessman on trial before U.S. District Judge Valerie E. Caproni.
“Mr Howe, go back to Idaho,” Judge Caproni told Howe late in the afternoon as his time on the stand — seven calendar days in total including five days of cross-examination — ended. Then, remembering that he was not a free man, the judge said “No — go back to the MCC!” — a reference to a Manhattan federal detention center.
Percoco is charged with taking $287,000 of bribes from co-defendant Peter G. Kelly Jr. for help he gave to Kelly’s energy company, Competitive Power Ventures Holdings LLC. Percoco is also accused of taking $35,000 from two additional co-defendants, Joseph Gerardi and Steven Aiello, for helping their real estate entity, COR Development Co., win contracts.
Howe, a former Percoco friend, pled guilty in September 2016. Prosecutors say Howe, who had worked as a Whiteman Osterman & Hanna LLP lobbyist with a focus on the state capital of Albany before he was fired, was a central player during the entirety of the two alleged bribery schemes.
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Brush, Pete. Law 360 15 February 2018.