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Office of the District Attorney P. David Soares Statement Re: Investigation of Dennis Vacco ALBANY , NY – District Attorney P. David Soares today released the following statement regarding the investigation of Dennis Vacco on charges of violations of the Lobbying Statute: After receiving notice of alleged criminal violations of the Lobbying Statute through the media, this office conducted an extensive and thorough 6 month investigation into the facts. Our investigation consisted of, among other things, interviewing the relevant parties, including a 6 hour interview with Dennis Vacco, as well as reviewing voluminous documents. The results of our investigation showed that no executed success fee contract existed, no payments were made pursuant to the contract, no legislation connected to the contract was ever introduced into the Legislature, the contract, itself, does not specifically provide for lobbying, and, no clear understanding existed between the parties that lobbying -- as defined in the Lobbying Statute -- would occur. Further, our investigation failed to show that Crane & Vacco, LLC knowingly filed false documents with the Lobbying Commission. For purposes of a criminal prosecution, the People’s burden is proof beyond a reasonable doubt. Further, a statute defining a criminal offense which is not also an offense under the Penal Law is “to be narrowly construed against the party seeking [its] enforcement and in favor of the person being prosecuted” (People v Miller, 138 Misc 2d 639, 649-650 [Sup Ct, New York County 1988] [citing McKinney’s Cons Laws of NY, Book 1, Statutes § 271]). No offense exists in the Penal Law for a lobbyist entering into a contingency fee contract for lobbying, or for knowingly failing to file a lobbying contract. Thus, those portions of the lobbying statute must be strictly construed in consideration of a criminal prosecution. Here, ambiguities in the Lobbying Statute’s definition of lobbying, along with insufficient evidence of an executed success fee contract or a false filing create an insufficient basis upon which criminal liability can be assessed. For further information contact: Rachel McEneny
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