SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY. RISA S, SUGARMAN as Chief Enforcement Counsel for The Division of Election Law Enforcement, NEW YORK STATE BOARD OF ELECTIONS, Plaintiff, -against- SHIRLEY PATTERSON; RENEE T. COLLYMORE as Treasurer of SHIRLEY PATTERSON FOR ASSEMBLY; SHIRLEY PATTERSON FOR ASSEMBLY; artd as necessary Parties: NEW YORK CITY DEPUTY SHERIFFS ASSOCIATION PAC; MARDIS GRAS FESTIVAL PRODUCTIONS; BENJAMIN M. PINCZEWSKI; PINCZEWSKI & SHPELFOGEL LLC; BENJAMIN M. PINCZEWSKI, as alter ego of PINCZEWSKI & SHPELFOGEL LLC; LAW OFFICE OF BENIAMIN M. PINCZEWSKI P.C.; BENJAMIN M. PINCZEWSKl as alter ego of LAW OFFICE OF BENJAMIN M. PINCZEWSKI P.C.; CARROLL STREET HOLDINGS LLC; KEVIN MALONEY, as alter ego of CARROLL STREET HOLDINGS LLC; NEVINS STREET HOLDINGS LLC; KEVIN MALONEY, as alter ego of NEVINS STREET HOLDINGS LLC; PROPERTY MARKETS GROUP INC., as alter ego of NEVINS STREET HOLDINGS LLC; PROPERTY MARKETS GROUP INC., as alter ego of CARROLL STREET HOLDINGS LLC; KEVIN MALONEY, as Allter ego of PROPERTY MARKETS GROUP INC., KEVIN MALONEY. Defendant(s) - aK ‘TO THE ABOVE-NAMED DEFENDANTS: Albany County Clerk Document Number 11865134 Revd 0710272015 1:54:41 PM (MOA Index: SUMMONS, Plaintiff Designates Albany County, address of Plaintiff, as the Place of Trial Date of Filing: 7/2/2015 YOU ARE HEREBY SUMMMONED to answer the verified complaint in this action and to serve a copy of your verified answer on the Plaintiff's attorney within twenty (20) days after the service of this summons, exclusive of the day of service. If this summons is not personally served upon you, or if this summons is served upon you outside of the State of New York, then your answer or notice of appearance must be served within thirty (30) days. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Albany, New York RISA S. SUGARMAN July 2, 2015 New York State Board of Elections i Jay S. Amold IV, Esq. Chief Enforcement Counsel 40N. Pearl Street, Ste 5 Albany, NY 12207 (518) 486-7858 Exssociate Counsel Counsel for PlaintiffSUPREME COURT OF THE STATE OF NEW YORK, COUNTY OF ALBANY Albany County Clerk Document Number 11865134 Revd 07/02/2015 1:54:41 PM UGARMAN as Chief Enforcement Counsel for The Division of Election Law Enforcement, AO a NEW YORK STATE BOARD OF ELECTIONS, Verified Complaint Plaintiff, Index: -against- SHIRLEY PATTERSON; RENEE T. COLLYMORE as Treasurer of SHIRLEY PATTERSON FOR ASSEMBLY; SHIRLEY PATTERSON FOR ASSEMBLY; and as necessary Parties: NEW YORK CITY DEPUTY SHERIFFS ASSOCIATION PAC; MARDIS GRAS FESTIVAL PRODUCTIONS; BENJAMIN M. PINCZEWSKI; PINCZEWSKI & SHPELFOGEL LLC; BENJAMIN M. PINCZEWSKI, as alter ego of PINCZEWSKI & SHPELFOGEL LLC; LAW OFFICE OF BENJAMIN M. PINCZEWSKI P.C.; BENJAMIN M. PINCZEWSKl as alter ego of LAW OFFICE OF BENJAMIN M. PINCZEWSKI P.C.; CARROLL STREET HOLDINGS LLC; KEVIN MALONEY, as alter ego of CARROLL STREET HOLDINGS LLC; NEVINS STREET HOLDINGS LLC; KEVIN MALONEY, as alter ego of NEVINS STREET HOLDINGS LLC; PROPERTY MARKETS GROUP INC., as alter ego of NEVINS STREET HOLDINGS LLC; PROPERTY MARKETS GROUP INC., as alter ego of CARROLL STREET HOLDINGS LLC; KEVIN MALONEY, as Alter ego of PROPERTY MARKETS GROUP INC., KEVIN MALONEY. Defendant(s) x Plaintiff, RISA $. SUGARMAN in her official capacity as duly appointed Chief Enforcement Counsel of the division of Election Law Enforcement, NEW YORK STATE BOARD OF ELECTIONS (“SBOE”), herein respectfully alleges:PRELIMINARY STATEMENT. . According to campaign finance disclosure reports filed with the New York State board of elections, the SHIRLEY PATTERSON FOR ASSEMBLY committee accepted contributions in excess of individual campaign finance contribution limits in violation of the election law on a minimum of three separate occasions during the May 5, 2015 special election for Assembly, 43" district, State of New York. Upon information and belief, the SHIRLEY PATTERSON FOR ASSEMBLY committee also accepted additional contributions in excess of individual campaign finance contribution limits from parties making contributions other than under their true name in direct contravention of §14-126(2) and §14-120 of the New York State Election Law. . Enforcement of fines and penalties under §14-126(2) necessarily includes a determination of the true name of the contributing parties and/or whether the contribution was lawful under §14-120 of the Election Law. |. For purposes of enforcing §14-126(2) of the Election Law, Plaintiff herein seeks to establish the true identities/names/alter-egos of various necessary party LLCs, Professional Corporations, and other entities that made excess unlawful contributions to the SHIRLEY PATTERSON FOR ASSEMBLY committee during the May 5, 2015 special election for Assembly, 43" district, State of New York. . As such, in addition to seeking civil penalties and fines as against the named defendants pursuant to §14-126(2), Plaintiff herein seeks relief that may have adverse civil and criminal practical implications against the above-captioned necessary parties.10. ul JURISDICTION, STANDING, AND VENUE, This Court has jurisdiction over this action pursuant to New York State Election Laws §16-100 and §16-120. ‘The Court also has jurisdiction over this action pursuant to its general jurisdiction under the New York Constitution, Art. VI §7 and New York Judiciary Law §140- B. Plaintiff has standing pursuant to §14-126(2), authorizing a “civil action to be brought by the state board of elections chief enforcement counsel” to seek civil penalties against candidates/committees evincing an intent to unlawfully accept contributions in excess of statutory campaign contribution limitations. Venue is proper in this county pursuant to CPLR 503(a) because the Board of Elections, Division of Election Law Enforcement maintains an office in Albany County, State of New York and campaign finance disclosure reports herein were filed in Albany County. PARTIES Risa S, Sugarman is the duly appointed Chief Enforcement Counsel (“CEC”) and head of the Division of Election Law Enforcement of the New York State Board of Elections with offices at 40 North Pearl Street in the City of Albany, County of Albany, State of New York. ‘The CEC is charged under §3-104 of the Election Law with the power and duty to commence a civil action to enforce §14-126(2) of the Election Law.12. On information and belief, the defendant SHIRLEY PATTERSON, former 2015 special election candidate for the New York State Assembly for the 43% district, was and is a resident of Brooklyn, Kings County, State of New York. 13. SHIRLEY PATTERSON FOR ASSEMBLY was the political committee authorized by SHIRLEY PATTERSON to fulfill her campaign contribution reporting obligations under the New York State Election Law. 14, The SHIRLEY PATTERSON FOR ASSEMBLY committee is registered with the New York State Board of Elections under filer identification number A21073. 15. On information and belief, defendant RENEE T. COLLYMORE, acted as the 2015 special election campaign treasurer for SHIRLEY PATTERSON FOR ASSEMBLY. 16, Defendant SHIRLEY PATTERSON individually, or through her treasurer RENEE. T. COLLYMORE, filed or caused to be filed campaign finance reports for the SHIRLEY PATTERSON FOR ASSEMBLY committee with New York State Board of Elections during the 2015 special election cycle on behalf of SHIRLEY PATTERSON. 17. Necessary party NEW YORK CITY DEPUTY SHERIFF'S ASSOCIATION PAC is a political committee registered with the New York State Board of Elections under filer identification number A17935. 18. The SHIRLEY PATTERSON FOR ASSEMBLY committee reported that the NEW YORK CITY DEPUTY SHERIFF'S ASSOCIATION PAC made contributions to the SHIRLEY PATTERSON FOR ASSEMBLY committee on ot about March 11, 2015.19. That the instant action will necessarily determine NEW YORK CITY DEPUTY SHERIFF'S ASSOCIATION PAC’s rights to a monetary refund from the SHIRLEY PATTERSON FOR ASSEMBLY committee under §14-126(2). 20.On information and belief, necessary party MARDI GRAS FESTIVAL PRODUCTIONS is a domestic business corporation with articles of incorporation filed with the Secretary of State, Division of Corporations located in the county of Albany, State of New York. 21. The SHIRLEY PATTERSON FOR ASSEMBLY committee reported that MARDI GRAS FESTIVAL PRODUCTIONS made contributions to the SHIRLEY PATTERSON FOR ASSEMBLY committee on ot about March 11, 2015. 22. That the instant action will necessarily determine MARDI GRAS FESTIVAL PRODUCTIONS’ rights to a monetary refund from the SHIRLEY PATTERSON FOR ASSEMBLY committee under §14-126(2). 23. On information and belief, PINCZEWSKI & SHPELFOGEL LLC (FYK/A PINCZEWSKI & SHPELFOGEL P.C.) is a domestic Limited Liability Company with articles of organization filed with the Secretary of State, Division of Corporations located in the county of Albany, State of New York. 24.The SHIRLEY PATTERSON FOR ASSEMBLY committee reported that PING: WSKI & SHPELFOGEL LLC (F/K/A PINCZEWSKI & SHPELFOGEL P.C)) made campaign contributions to the committee on or about March 11, 2015 under the name of PINCZEWSKI & SHPELFOGEL P.C.25. The instant action will necessarily determine PINCZEWSKI é& SHPELFOGEL LLC's: A) rights to a monetary refund from the SHIRLEY PATTERSON FOR ASSEMBLY committee under §14-126(2) B) aggregate New York State campaign contribution limitations applicable to the LLC for the balance of calendar year 2015 and C) whether the LLC acted as the corporate alter-ego of BENJAMIN M. PINCZEWSKI to make unlawful contributions under a name that was not his own. 26. On information and belief, LAW OFFICES OF BENJAMIN M. PINCZEWSKI P.C. is a domestic professional corporation with articles of incorporation filed with the Secretary of State, Division of Corporations located in the county of Albany, State of New York. 27. The SHIRLEY PATTERSON FOR ASSEMBLY committee reported that the law firm LAW OFFICES OF BENJAMIN M. PINCZEWSKI P.C. made campaign contributions to the SHIRLEY PATTERSON FOR AS: (BLY committee on or about March 11, 2015, March 23, 2015 and April 6, 2015. 28. That the instant action will necessarily determine LAW OFFICES OF BENJAMIN M. PINCZEWSKI P.C. A) rights to a monetary refund from the SHIRLEY PATTERSON FOR ASSEMBLY committee under §14-126(2) B) aggregate New York State campaign contribution limitations applicable to the company for the balance of calendar year 2015 andC) whether the company acted as the corporate alter-ego of BENJAMIN M. PINCZEWSKI to make unlawful contributions under a name that was not his own. 29. Necessary party PROPERTY MARKETS GROUP INC., is and was a domestic business corporation, with articles of incorporation filed by and through the Secretary of State, Division of Corporations located in the county of Albany, State of New York. 30. On information and belief, necessary party KEVIN MALONEY, is the chief operating officer and controlling member exercising dominion and control of PROPERTY MARKETS CROUP INC. 31. On information and belief, KEVIN MALONEY, individually or by and through PROPERTY MARKETS GROUP INC. is the controlling shareholder, member, or corporate officer exercising exclusive dominion and control of necessary party NEVINS STREET HOLDING LLC. 32. On information and belief, NEVINS STREET HOLDING LLC is and was a domestic limited liabil 'y company, with articles of organization filed with the Secretary of State, Division of Corporations located in the county of Albany, State of New York. 33. On information and belief, KEVIN MALONEY, individually or by and through PROPERTY MARKETS GROUP INC. used NEVINS STREET HOLDING LLC to make campaign contributions to the SHIRLEY PATTERSON FOR ASSEMBLY committee on or about March 11, 2015. 34, On information and belief, defendant KEVIN MALONEY, individually or by and through PROPERTY MARKETS GROUP INC. is the controlling member or officerexercising dominion and control of CARROLL STREET HOLDINGS LLC. 35. On information and belief, defendant CARROLL STREET HOLDINGS LLC is and was a domestic limited liability company, with articles of organization filed with the Secretary of State, Division of Corporations located in the county of Albany, State of New York. 36. On information and belief, the defendant KEVIN MALONEY, individually or by and through PROPERTY MARKETS GROUP INC., also used CARROLL STREET HOLDINGS LLC to make additional campaign contributions to the SHIRLEY PATTERSON FOR ASSEMBLY committee on or about March 11, 2015. 37. That the instant action will necessarily determine as between necessary parties KEVIN MALONEY, PROPERTY MARKETS GROUP INC., CARROLL STREET HOLDINGS LLC and NEVINS STREET HOLDING LLC: A) rights to a monetary refund from the SHIRLEY PATTERSON FOR ASSEMBLY committee under §14-126(2) B) applicable aggregate New York State campaign contribution limitations for the various entities for the balance of calendar year 2015 and C) whether the various business entities acted as the corporate alter-ego of KEVIN MALONEY to make unlawful contributions under a name that was not his own. FIRST CAUSE OF ACTION UNDER §14-126(2) OF THE ELECTION LAW AGAINST SHIRLEY PATTERSON FOR ASSEMBLY COMMITTEE, SHIRLEY PATTERSON, AND RENEE T. COLLYMORE AS TREASURER FOR ACCEPTING UNLAWFUL EXCESS CONTRIBUTIONS FROM THE NEW YORK CITY DEPUTY SHIRRIF’S ASSOCIATION PAC38, Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 through 37 of the complaint with the same force and effect as if herein at length set forth. 39, Under §14-126(2) any committee that evinces an intent to violate the provisions of campaign finance limits and unlawfully accepts a campaign contribution in excess of statutory limits is subject to a civil penalty equal to the excess amount plus a fine of up to ten thousand dollars. 40. The non-family individual campaign contribution limit for the 2015 43% district special election was $4,100.00. 41, That the SHIRLEY PATTERSON FOR ASSEMBLY committee filed a 2015 Special Election campaign finance report alleging receipt of a campaign contribution from the “NEW YORK CITY DEPUTY SHERRIF’S ASSOC” in the amount of $5,000.00. 42. That on information and belief, the SHIRLEY PATTERSON FOR ASSEMBLY committee, acting on behalf of candidate SHIRLEY PATTERSON did unlawfully accept, deposit and retain the $5,000.00 contribution in its entirety and said amount ‘was in excess of the non-family individual campaign contribution limit for the 2015 43% district special election. 43. On information and belief, the contribution was physically accepted and deposited by either SHIRLEY PATTERSON or RENEE T. COLLYMORE while acting as or on behalf of a candidate or committee. 44, Campaign contribution limits for the Assembly are posted on the SBOE website and acceptance of the above mentioned excess contributions evinces an intent toviolate the law establishing said limits. 45. As further set forth in additional causes of action below, the committee's repeated acceptance of amounts in excess of the contribution limits is more than a mere oversight or mistake and evinces an intent to violate the law establishing said limits. 46. The committee's acceptance of a single check that in and of itself exceeds campaign finance limits evinces an intent to violate the law establishing said limits. 47. The committee’s acceptance of multiple contributions made at the exact maximum, amount of the statutory limit, shows that the committee was aware of the limits and thus further evinced an intent to violate the law establishing said limits. 48. As authorized treasurers and/or signatories to the campaign committee, defendants have a fiduciary duty to the campaign committee that would necessarily include a due diligence inquiry of the candidate’s individual contribution limits. Accordingly, the responsible defendant evinced a clear and knowing intent to exceed said limit. 49, Evineing an intent to do so while acting on behalf of the candidate, the committee knowingly and unlawfully accepted a contribution in excess of statutory campaign contribution limits. 50. The court should impose a civil penalty of $900.00 dollars and a fine of $10,000.00 against SHIRLEY PATTERSON and RENEE T. COLLYMORE on this cause of action, SECOND CAUSE OF ACTION UNDER §14-126(2) OF THE ELECTION LAW AGAINST SHIRLEY PATTERSON FOR ASSEMBLY COMMITTEE, SHIRLEY PATTERSON, AND RENEE T. COLLYMORE AS TREASURER FOR ACCEPTING EXCESS UNLAWFUL CONTRIBUTIONS FROM 10MARDI GRAS FESTIVAL PRODUCTIONS 51. Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 through 50 of the complaint with the same force and effect as if herein at length set forth, 52. The SHIRLEY PATTERSON FOR ASSEMBLY committee filed a 2015 Special Election report that reflected receipt of a campaign contribution from “MARDI GRAS FESTIVAL PRODUCTIONS” in the amount of $5,000.00. 53.On information and belief, the SHIRLEY PATTERSON FOR ASSEMBLY committee, acting on behalf of candidate SHIRLEY PATTERSON did unlawfully accept, deposit and retain the $5,000.00 contribution in its entirety and said amount was in excess of the non-family individual campaign contribution limit for the 2015 43" district special election. ‘54. On information and belief, the contribution was physically accepted and deposited by either SHIRLEY PATTERSON or RENEE T. COLLYMORE while acting as or on behalf of a candidate or committee. 55. That the candidate/treasurer/committee evinced an intent to violate the law in the same manner as specifically set forth in the first cause of action hereinabove. 56. Evincing an intent to do so while acting on behalf of the candidate, SHIRLEY PATTERSON and RENEE T. COLLYMORE knowingly and unlawfully accepted a contribution in excess of statutory campaign contribution limits. 57. The court should impose a civil penalty of $900.00 dollars and a fine of $10,000.00 against SHIRLEY PATTERSON and RENEE T. COLLYMORE on this cause of action. u58. 60. 61. 62. 63. THIRD CAUSE OF ACTION UNDER §14-126(2) OF THE ELECTION LAW AGAINST SHIRLEY PATTERSON FOR ASSEMBLY COMMITTEE, SHIRLEY PATTERSON, AND RENEE T. COLLYMORE AS TREASURER FOR ACCEPTING EXCESS UNLAWFUL CONTRIBUTIONS FROM BENJAMIN M. PINCZEWSKI AND HIS CORPORATE ALTER EGOS Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 through 57 of the complaint with the same force and effect as if herein at length set forth, On information and belief, during the 2015 special election cycle, the SHIRLEY PATTERSON FOR ASSEMBLY committee reported accepting and did accept and retain campaign contributions from the LAW OFFICE OF BENJAMIN M. PINCZEWSKI P.C. in the amount of $6,250.00 dollars and on information and belief, accepted the same. On information and belief, during the 2015 special election cycle, the SHIRLEY PATTERSON FOR ASSEMBLY committee reported accepting and did accept and retain contributions from PINCZEWSKI AND SHPELFOGEL LLC in the amount of $2,500.00 dollars and on information and belief, accepted the same. Section §14-120 specifically provides: “No person shall in any name except his, own, directly or indirectly, make a payment or a promise of payment to a candidate.” That a violation of §14-120 occurred and evinces a clear and knowing intent of the defendants to unlawfully exceed the campaign contribution limit. That necessary party defendant BENJAMIN PINCZEWSKI, by and through 2corporate alter-egos, unlawfully made a contribution in a name other than his own to the SHIRLEY PATTERSON FOR ASSEMBLY committee during the 2015 special election and the committee was aware of the same. 64. “Piercing the corporate veil” is an equitable form of relief that allows a corporation or company’s separate legal existence to be disregarded so as to attach liability to its operatives, otherwise shielded by their corporate or company form, so as to prevent fraud and inequity. 65. Such relief of piercing the corporate veil is available when a company is operating as the alter-ego of an individual or parentaffiliated company using said company for fraud, unlawful activities and or inequity. 66. On information and belief, PINCZI WSKI AND SHPELFOGEL LLC and the LAW OFFICE OF BENJAMIN PINCZEWSKI P.C. are affiliated entities dominated by the direct and proximate individual mandates of managing member BENJAMIN PINCZEWSKI. 67. According to records of the NYS Department of State, the Division of Corporations, the LAW OFFICE OF BENJAMIN PINCZEWSKI P.C. was a dissolved Professional Corporation from January 27, 2010 until October 16, 2014. 68. Upon information and belief, the LAW OFFICE OF BENJAMIN PINCZEWSKI P.C. does not currently have substantial traditional business characteristics or active salaried employees independent from PINCZEWSKI AND SHPELFOGEL LLC and serves no legitimate independent existence separate and apart from BENJAMIN PINCZEWSKI and/or PINCZEWSKI AND SHPELFOGEL 69. According to filings made with the Division of Corporations LAW OFFICE OF 1370. 1. R. TB. 74. 15. EWSKI P.C, and PINCZEWSKI AND SHPELFOGEL BENJAMIN PINC. share the same address and phone number. On information and belief, at all times material hereto, BENJAMIN PINCZEWSKI is and was the President, chief executive officer and managing member of LAW OFFICE OF BENJAMIN PINCZEWSKI P.C. and PINCZEWSKI AND SHPELFOGEL LLC., and has acted as the dominant shareholder and dominant director and has been in control of the Defendant entities. On information and belief there is an overlap in ownership, officers, directors and personnel as between LAW OFFICE OF BENJAMIN PINCZEWSKI, P.C. and PINCZEWSKI AND SHPELFOGEL LLC. On information and belief, there is no arms-length operating discretion as between LAW OFFICE OF BENJAMIN PINCZEWSKI, P.C., BENJAMIN PINCZEWSKI, and PINCZEWSKI AND SHPELFOGEL LLC. On information and belief BENJAMIN PINCZEWSKI disregarded corporate formalities and used complete domination of the LAW OFFICE OF BENJAMIN: PINCZEWSKI P.C. and PINC: {WSKI AND SHPELFOGEL LLC to unlawfully exceed contribution limits for the 2015 special election cycle. On information and belief Defendant BENJAMIN PINCZEWSKI disregarded corporate formalities and used complete domination of the LAW OFFI OF BENJAMIN PINCZEWSKI P.C. and PINCZEWSKI AND SHPELFOGEL LLC to unlawfully make a contribution other than under the true name of the contributor. A fraud/inequity/crime against the plaintiff took place between the above defendants and the SHIRLEY PATTERSON FOR ASSEMBLY committee in that 14defendants knowingly acted unlawfully in an attempt to circumvent campaign finance limitations and obscure the true name of the source of the campaign contributions and said contributions did exceed the individual contribution limit. 76. The court should pierce the corporate veil and find that BENJAMIN PINCZEWSKI P.C. and PINCZEWSKI AND SHPELFOGEL LLC acted as the alter-ego of BENJAMIN PINCZEWSKI, and attribute the $8,750.00 dollars in campaign contributions to BENJAMIN PINCZEWSKI for the purpose of calculating the penalties against the SHIRLEY PATTERSON FOR ASSEMBLY committee as well as any further civil or criminal CEC enforcement proceedings. 77. SHIRLEY PATTERSON and RENEE T. COLLYMORE knew that BENJAMIN PINCZEWSKI was the true name of the contributor but nonetheless accepted excess contributions from the alter-ego business entities, thus evincing an intent to unlawfully accept a contribution in excess of a statutory contribution limit. 78. The court should impose a civil penalty of $4,650.00 dollars and a fine of $10,000.00 against SHIRLEY PATTERSON and RENEE T. COLLYMORE on this cause of action for unlawfully accepting $4,650.00 in excess contributions from BENJAMIN M. PINCZEWSKI. FOURTH THIRD CAUSE OF ACTION UNDER §14-126(2) OF THE: ELECTION LAW AGAINST SHIRLEY PATTERSON FOR ASSEMBLY COMMITTEE, SHIRLEY PATTERSON, AND RENEE T. COLLYMORE AS TREASURER FOR ACCEPTING EXCESS UNLAWFUL CONTRIBUTIONS FROM KEVIN MALONEY AND HIS CORPORATE ALTER EGOS 79. Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 15through 78 of the complaint with the same force and effect as if herein at length set forth. 80. On information and belief, KEVIN MALONEY, individually or by and through PROPERTY MARKETS GROUP INC,, used CARROLL STREET HOLDINGS LLC and NEVINS STREET HOLDING LLC make unlawful campaign contributions in a name that is not their own to the SHIRLEY PATTERSON FOR ASSEMBLY committee for the 2015 Special Election for New York State Assembly in the 43% District, hel Brooklyn, New York. 81. According to the SHIRLEY PATTERSON FOR ASSEMBLY committee’s 2015 special election campaign financial disclosure report(s), certain funds totaling $4,100.00 dollars were contributed to and accepted by the committee in the name of CARROLL STREET HOLDINGS LLC. 82, According to the SHIRLEY PATTERSON FOR ASSEMBLY committee's 2015 special election campaign financial disclosure report(s), certain funds totaling $900.00 dollars were contributed to and accepted by the committee in the name of NEVINS STREET HOLDINGS LLC. 83. On information and belief the aggregate contribution of $5,000.00 dollars written on checks drawn from the accounts of CARROLL STREET HOLDINGS LLC and NEVINS STREET HOLDINGS LLC was made at the same time and place by the same person. 84, That CARROLL STREET HOLDINGS LLC and NEVINS STREET HOLDINGS managing member KEVIN MALONEY individually or by and through his CEO 16position at PROPERTY MARKETS GROUP INC. 85.On information and belief CARROLL STREET HOLDINGS LLC, does not currently have traditional business characteristics, active salaried employees and serves no separate legitimate independent existence separate and apart from KEVIN MALONEY individually or by and through PROPERTY MARKETS GROUP INC. 86. On information and belief, NEVINS STREET HOLDINGS LLC, upon information and belief, does not currently have substantial traditional business characteristics, active salaried employees and serves no legitimate independent existence separate and apart from KEVIN MALONEY individually or by and through PROPERTY MARKETS GROUP INC. 87.On information and belief, at all times material hereto, Defendant KEVIN MALONEY, is and was the managing member of PROPERTY MARKETS GROUP INC., NEVINS STREET HOLDINGS LLC and CARROLL STREET HOLDINGS LLC, and has acted as the dominant shareholder and dominant director in control 88. On information and belief, Defendant KEVIN MALONEY, operated Defendant corporations and LLC’s unlawfully to serve no true purpose of the companies, but rather to benefit solely to himself with respect to the named contribution. 89. On information and belief, with respect to the campaign contributions subject of the instant complaint, Defendant KEVIN MALONEY disregarded corporate formalities and used complete domination of the corporations and companies to make campaign contributions under a name other than his own. 90. On information and belief, there is an overlap in ownership, officers, directors and wvpersonnel as between PROPERTY MARKETS GROUP INC., NEVINS STREET HOLDINGS LLC and CARROLL STREET HOLDINGS LLC. 91. On information and belief, there is no arms-length operating discretion as between NEVINS STREET HOLDINGS LLC, CARROLL STREET HOLDINGS LLC and PROPERTY MARKETS GROUP INC. 92. According to filings made with the Division of Corporations, there is common office space, address and telephone numbers as between NEVINS STREET HOLDINGS LLC, CARROLL STREET HOLDINGS LLC, and PROPERTY MARKETS GROUP INC. 93. According to filings made with the Division of Corporations, there is shared legal counsel between NEVINS STREET HOLDINGS LLC, CARROLL STREET HOLDINGS LLC and PROPERTY MARKETS GROUP INC which upon information and belief, creates a presumption of no countervailing interests as between said entit 94. According to information controlled and managed by PROPERTY MARKETS: GROUP INC., legal counsel for NEVINS STREET HOLDINGS LLC and CARROLL STREET HOLDINGS LLC, is under the direct and exclusive employ of PROPERTY MARKETS GROUP INC. 95. KEVIN MALONEY and PROPERTY MARKETS GROUP INC., by and through a speaking agent, have previously represented real property owned by NEVINS STREET HOLDINGS LLC and CARROLL STREET HOLDINGS LLC to be owned by KEVIN MALONEY and/ot PROPERTY MARKETS GROUP INC. 96. KEVIN MALONEY and PROPERTY MARKETS GROUP INC., by and through a 18speaking agent, have previously represented real property owned by NEVINS STREET HOLDINGS LLC and CARROLL STREET HOLDINGS LLC to be under control of KEVIN MALONEY and/or PROPERTY MARKETS GROUP INC. 97. That according to sworn legal documents previously filed with the New York City Department of Finance, KEVIN MALONEY is the signed authorized “Managing Member” of CARROLL STREET HOLDINGS LLC by and through PROPERTY MARKETS GROUP INC. 98. That according to sworn legal documents previously filed with the New York City Department of Finance, PROPERTY MARKETS GROUP INC. is the signed authorized “Managing Member” of NEVINS STREET HOLDINGS LLC. 99. On information and belief, Defendant KEVIN MALONEY disregarded corporate formalities and used complete domination of NEVINS STREET HOLDINGS LLC, CARROLL STREET HOLDINGS LLC, and PROPERTY MARKETS GROUP Il to unlawfully exceed individual contribution limits for the 2015 special election cycle. 100 On information and belief, Defendant KEVIN MALONEY disregarded corporate formalities and used complete domination of NEVINS STR HOLDINGS LLC, CARROLL STREET HOLDINGS LLC, and PROPERTY MARKETS GROUP INC. to unlawfully make a contribution not under the true name of the contributor. 101 A fraud/inequity/crime against the plaintiff took place between the above defendants and the SHIRLEY PATTERSON FOR ASSEMBLY committee in that defendant KEVIN MALONEY acted unlawfully in an attempt to circumvent 19campaign finance limitations and obscure the true name of the source of the campaign contributions and said contributions did exceed the individual contribution limit, 102. The court should pierce the corporate veil and find PROPERTY MARKETS GROUP INC., NEVINS STREET HOLDINGS LLC and CARROLL STREET HOLDINGS LLC to be acting as the corporate alter-ego of KEVIN MALONEY, and attribute the $5,000.00 dollars in campaign contributions to KEVIN MALONEY for the purpose of calculating the penalties against the SHIRLEY PATTERSON FOR ASSEMBLY committee as well as any further civil or criminal CEC enforcement proceedings. 103. ‘SHIRLEY PATTERSON and RENEE T. COLLYMORE knew that KEVIN: MALONEY was the true name of the contributor but nonetheless accepted excess contributions from the alter-ego business entities, thus evincing an intent to unlawfully accept a contribution in excess of the statutory contribution limit. 104, The court should impose a civil penalty of $900.00 dollars and a fine of $10,000.00 against SHIRLEY PATTERSON and RENEE T. COLLYMORE on this, cause of action for unlawfully accepting $900.00 in excess contributions from KEVIN MALONEY. UNCLEAN HANDS DOCTRINE ALLOWS THE COURT TO WAIVE and/or REDIRECT STATUTORY §14-126(2) REFUND OF OVERCONTRIBUTION TO PARTIES THAT HAVE THEMSELVES VIOLATED ARTICLE 14 105. Plaintiff repeats and realleges each and every allegations set forth in paragraphs 1 through 104 of the complaint with the same force and effect as if 20herein at length set forth. 106. In addition to any fines and penalties assessed to the Candidate and or Committee(s) for unlawfully accepting an excess contribution, §14-126(2) of the Election Law also requires the committee to refund the excess contribution to the contributing party. 107. However, in the instant matter, return of the finds in excess of contribution limits pursuant to §14-126(2) would violate the equitable principals of the Unclean Hands Doctrine to the extent that as set forth hereinabove, upon information and belief, KEVIN MALONEY and BENJAMIN PINCZEWSKI are themselves in violation of article 14 of the election law. 108. The Unclean Hands Doctrine applies when, as in the current instance, one party would benefit despite its own unethical or unlawful behavior. 109. That as set forth above, upon information and belief, KEVIN MALONEY and BENJAMIN PINCZEWSKI have acted unlawfully under §14-120 by making contributions in a name that is not their own. 110. As such, excepting a reimbursement award of $900.00 dollars to MARDI GRAS FESTIVAL PRODUCTIONS and an award of $900.00 dollars to the NEW YORK CITY DEPUTY SHERIFF'S ASSOC, all remaining reimbursement payments otherwise due to the necessary party defendants from the campaign committee should be precluded and/or forfeited. 21WHEREFORE, Plaintiff respectfully demands: 1 A civil penalty and fine pursuant to Election Law §14-126(2) against SHIRLEY PATTERSON and/or RENEE T. COLLYMORE in the amount of $10,900.00 for unlawfully accepting $900.00 in excess contributions from NEW YORK CITY DEPUTY SHERIFF'S ASSOCIATION PAC. A civil penalty and fine pursuant to Election Law §14-126(2) against SHIRLEY PATTERSON and/or RENEE T. COLLYMORE in the amount of $10,900.00 for unlawfully accepting $900.00 in excess contributions from MARDI GRAS FESTIVAL PRODUCTIONS. A civil penalty and fine pursuant to Election Law §14-126(2) against SHIRLEY PATTERSON and/ot RENEE T. COLLYMORE in the amount of $14,650.00 for unlawfully accepting $4,650.00 in excess contributions from BENJAMIN M. PINCZEWSKI and/or his corporate alter egos. A civil penalty and fine pursuant to Election Law §14-126(2) against SHIRLEY PATTERSON and/or Ri E T. COLLYMORE in the amount of $10,900.00 for unlawfully accepting $900.00 in excess contributions from KEVIN MALONEY and/or his corporate alter egos. An ORDER precluding the return of the excess contribution funds back to BENJAMIN (. PINCZEWSKI and/or his corporate alter egos under the unclean hands doctrine. An ORDER precluding the return of the excess contribution funds back to KEVIN MALONEY and/or his corporate alter egos under the unclean hands doctrine. 227. An ORDER directing the return of $900.00 of excess contribution funds from the SHIRLEY PATTERSON FOR ASSEMBLY committee back to the NEW YORK CITY DEPUTY SHERRIFFS ASSOCIATION PAC. 8. An ORDER directing the return of $900.00 of excess contribution funds from the SHIRLEY PATTERSON FOR ASSEMBLY committee back to MARDI GRAS FESTIVAL PRODUCTIONS. 9. For such other and further relief as the Court may deem just and proper. DATED: Albany, New York July 2, 2015 RISA S. SUGARMAN Chief Enforcement Counsel BY: Tohn Jay S. Amold IV, Esq Associate Counsel NY State Board of Elections Law Enforcement Division 40 N. Pearl Street, STE. 5 Albany, NY 12207-2729 (518) 486-9396 Counsel for Plaintiff 23,STATE OF NEW YORK ) COUNTY OF ALBANY )ss.: John Jay S. Amold IV, Esq., being duly sworn, deposes and says: ‘That deponent is Counsel for the New York State Board of Elections, Law Enforcement Division, and is attorney for the Chief Enforcement Counsel, RISA S. SUGARMAN in the within proceeding; ‘That deponent has read the foregoing complaint and knows the contents thereof which are to my knowledge true, except as to matters stated to be alleged on information and belief, and as to those matters, I believe them to be true. The grounds for my belief a to all matters stated upon information and belief are records kept and maintained by the New York State Board of Elections, records kept and maintained by the New York Secretary of State, as well as investigative materials contained in the files of the Division of Election Law Enforcement, john Jay S. Arnold IV, Esq. Attorney for Plaintiff NY State Board of Elections Law Enforcement Division 40 N. Pearl Street, STE. 5 Albany, NY 12207-2729 (518) 486-9396 Sworn to before me, this nd day of July, 2015 Moala. NOTARY PUBLIC CARLA V, DIMARCO. Notary Public, State of New York No. 02016012941 Qualified ia Ones ty Commission Expire 24