Jose Nieves claims James can enforce a JCOPE order for Cuomo to return the profits for his memoir after illegally using state resources to create it.
Jose Nieves, chairman of the Joint Commission on Public Ethics, sent a letter to the AG’s General Counsel, Larry Schimmel, claiming James can legally enforce JCOPE’s order for Cuomo to return the book profits for his COVID memoir after violating an agreement not to use state resources — including government workers — to prepare it.
Nieves said the facts that Cuomo violated the agreement were clear, and urged James to enforce a punishment.“The Commission is empowered and required to deny or revoke any authorization or approval sought or obtained by a state official, and to order corrective action where, as here, material misrepresentations have been made….,” Nieves said in the letter, a copy of which was obtained by The Post.
James and her General Counsel, Larry Schimmel, previously rejected JCOPE’s order as illegal, saying the AG’s office could not enforce such an order without the ethics agency first conducting a full-blown probe and submitting findings of wrongdoing against Cuomo under the Public Officers Law.The action came a month after the ethics agency voted to revoke its prior July 17, 2020 approval allowing Cuomo to publish the book, claiming he violated an agreement not to use state resources.
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