Mark A.

Sacha
Attorney at Law



August 1, 2014

VIA US MAIL
NEXT DAY DELIVERY
Honorable Preetinder Bharara
United States Attorney
The Silvio J. Mollo Building
One St. Andrews Plaza
New York, NY 10007

Dear Honorable Bharara:

As a lifelong resident of Western New York and former senior prosecutor, let me
commend you and your team of prosecutors for the ongoing efforts to fight the
systemic culture of corruption in New York government. You have exhibited a
determination and will to do the right thing that is of special importance to me as
a former public corruption prosecutor. I know better than most how difficult it is to
hold the powerful accountable. However, I feel compelled under the circumstances
to raise several important questions to you in a public fashion.

First, Mr. Bharara, I would like to inquire about my complaint/investigation that
was referred to you by former Governor Patterson in 2010. As you know, I was a
former Erie County Deputy District Attorney who was fired in 2009 for going public
with the fact that I was prevented from prosecuting G. Steven Pigeon, a close friend,
political advisor, and financial supporter of Governor Andrew Cuomo and Moreland
Commission member Frank A. Sedita, III, the District Attorney of Erie County.
The file was forwarded to your office in 2010 by Governor Pattersons office. At that
time, Mr. Peter Kiernan, Governor Pattersons counsel, stated there was evidence of
a pattern of election law violations. Part of my complaint was a fifty (50) page
memo with attached exhibits supporting a number of penal law and election law
crimes.

I had a number of conversations with members of your public corruption unit and
your staff discussed bringing me to your office for an interview. Several of your
assistants, including Mr. Glen McGorty have since left the U.S. Attorneys Office.
Most recently I have left messages with your new public corruption unit supervisor
but have not had a reply. To my knowledge, no one has ever questioned the
underlying factual evidence that I presented. The only reticence expressed





appeared to be concerns regarding pending matters, including an investigation of
Mr. Pigeons boss, Senator Pedro Espada, the trial of Senator Carl Kruger, and the
geographic location of my complaint.

I believe that now I must have an answer. You have personally experienced the
hypocrisy of the Moreland Commission and the extent to which some members of
our government will go to protect themselves and their friends. There is no
independent prosecuting entity in Erie County as it relates to G. Steven Pigeon,
who has acknowledged being the top local political representative of Governor
Cuomo. While I have respect for the local U.S. Attorney, Mr. Hochul, he is
hopelessly conflicted by the fact that his wife is the running mate of the Governor in
this years election. The local District Attorney is Frank A. Sedita, III who is a close
political and personal friend of Pigeon. As a result, at this time Mr. Pigeon is
almost above the law.

Mr. Bharara, that brings me to my next question. What happened to my complaint
to the Moreland Commission, dated October 9, 2013 regarding a new set of possible
election law violations and crimes by an entity controlled by Mr. Pigeon? It is my
understanding that all complaints to the Moreland Commission were turned over to
your office. I received no response to my complaint from the Moreland Commission
regarding this entity, Western New York Progressive Caucus. As you know, Sedita
was a sitting member on the Moreland panel.

It is my understanding that the Executive Order creating the Moreland Commission
requires that such evidence be promptly forwarded to appropriate law enforcement
authorities. Yet my complaint in effect fell into a black hole. I am aware that the
New York State Board of Elections is presently investigating the same entity and
that the investigation is ongoing. However, the Board of Elections is no
replacement for a real prosecutor and an independent prosecuting agency. If the
Board of Elections has uncovered criminal activity, I am sure you can obtain their
files.

Finally, I and the other citizens of Erie County have a right to know why the
Moreland Commission never conducted the scheduled public hearing that was to
take place in Buffalo. Under Section IX of the Executive Order, the commission was
required to conduct public hearings around the state to provide opportunities for
members of the public to comment on the commissions work. In fact, I was the
last member of the uninvited public to testify before the commission, appearing on
September 24, 2013 in Albany. At that time, I challenged the independence of the
commission and the horrible conflicts of interest possessed by its members. No
further uninvited public input was allowed. After cancelling a scheduled date in





Buffalo, the commissions Executive Director stated on September 17, 2013 that a
rescheduled public hearing would be held in Buffalo in late October or early
November of 2013. It is my belief that no public hearing was held in Buffalo due to
the fact that issues would arise which were politically embarrassing to the Governor
and commission members.

My complaint to the Moreland Commission, as well as a video of my public
testimony before the Moreland Commission, is available online. I remain available
at any time to discuss the subject matter of this letter.


Very truly yours,



Mark A. Sacha, Esq.
5406 Broadway, #288
Lancaster, NY 14086