Prosecutorial Interference with a Local Government Ethics Investigation

Yesterday, two members of a New York City council member's election campaign were indicted on criminal charges brought by a special prosecutor, who was appointed in 2012. Read this December 2014 New York Law Journal op-ed piece by Brennan Center (NYU) Chief Counsel and longtime New York City Corporation Counsel Frederick A.O. Schwarz, which argues very well that this prosecution was wrongly pursued, replacing the investigation of the New York Campaign Finance Board, which runs the city's excellent public financing program (Schwarz chaired the board from 2002 to 2008). Before the charges were brought, Schwarz called for the special prosecutor to stand down and let the board investigate the matter.
 

There is a general feeling that criminal investigations are superior to and should supplant government ethics bodies' investigations. This is the case despite the fact that criminal cases are far harder to make and, therefore, are more rarely brought or less fully brought (for example, here charges were brought only against two aides).

Government ethics enforcement is less expensive, more likely to be successful, and also more likely to be consistent with the program's goals. When ethics-related matters are involved, ethics body investigations and enforcement proceedings should take precedence.

Robert Wechsler
Director of Research-Retired, City Ethics

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