PENSIONGATE UPDATE: Why Los Angeles Mayor Antonio Villaraigosa May Have An ANDREW CUOMO Problem (Will Investigation Tie To L.A. City Hall?)

To quickly recap: Zuma Dogg blogged about "Wetherly Capital" (Placement Agents) and unraveled a pension pilfer scheme that ended up with a New york Attorney Investigation into the matter. Los Angeles mayor Antonio Villaraigosa's PERSONAL PENSION APPOINTEE Kelly Candee stepped down amid controversy -- and "Untouchable" Elliot "Ness' Broidy not only had to step down, but he ended up with his pee-pee in a Chinese finger trap -- and plead GUILTY AS O.J.!

Meanwhile, Villaraigosa's pension commission appointees went on to lose a municipal-crippling BILLIONS in shady and risky "alternative investments" on Wall Street.

On February 2, 2010 (THIS MONTH) NY AG Andrew Cuomo presented his indictment of Wetherly Capital to it's principals Dan Weinstien and Vicky Schiff (two names you read about on ZD's blogs, WAY BEFORE the investigation hit)...for them to sign (along with forking over a million dollars to pay back the New York State pension fund and for attorney general office fees to investigate their ass.

NOW, by signing this "AGREEMENT" with Cuomo's office, Dan & Vicky stay out of jail -- and as long as they are good boys and girls...won't have to worry about the BILLIONS THEY BILKED OUT OF GENERAL FUNDS ACROSS THE COUNTRY!

THE REST OF YOU...not so fast. Here are some excerpts from the 24 page Cuomo document that shows how all of Wetherly Capital documents and records (and cooperation) is required for any ongoing investigation.

SO WE KNOW THAT VILLARAIGOSA IMMEDIATELY APPOINTED WETHERLY CAPITAL'S LONG-TIME COUNSEL WILLIAM H. JACKSON, Esquire as HEAD of the CRA (shady as it gets) -- and Elliot Broidy and Kelly "Sweet" Candee to the pension commission. THEN ALL KINDS OF PENSION MONEY WAS FUNNELED INTO "ALTERNATIVE INVESTMENTS" on Wall Street that went belly up and city lost municipal decimating BILLIONS on the stock market (phony LLC's).

The 24 page Cuomo indictment chronicles the entire scheme, detailing all the shady angles (including flat-out, complete fraudulent, 100% lies) on the pension money pilfer process.

BUT HERE'S WHY ANTONIO VILLARAIOGSA, ARI SWILLER, RON BURKLE, RICHARD "DICK" ZIMAN (it's ZEE-man!) are all squatting adobe bricks: (You don't get served Lu Parker and expensive wine in FEDERAL PRISON, Antonio!)

EXCERPT:

48. Except in an action by the Attorney General to enforce the obligations of Wetherly in this Assurance or in the event of termination of this Assurance by the Attorney General, neither this Assurance nor any acts performed or documents executed in furtherance of this Assurance: (a) may be deemed or used as an admission of, or evidence of, the validity of any alleged wrongdoing, liability or lack of wrongdoing or liability [IN OTHER WORDS, anything Cuomo uses in the future cannot and will not be used against THEM."]; or

(b) may be deemed or used as an admission of or evidence of any such alleged fault or omission of Wetherly in any civil, criminal or administrative proceeding in any court, administrative or other tribunal. This Assurance shall not confer any rights upon persons or entities who are not a party to this Assurance. [SAME THING: Won't be used against them...BUT, does NOT APPLY to anyone else besides Dan & Vicky of Wetherly. THE REST OF YOU...not so fast!]

49. Wetherly has fully and promptly cooperated in the Investigation, shall continue to do so (investigation still ongoing, Antonio?), and shall use its best efforts to ensure that all the current and former officers, directors, trustees, agents, members, partners and employees of Wetherly (and any of Wetherly's parent companies, subsidiaries or affiliates) cooperate fully and promptly with the Attorney General in any pending or subsequently initiated investigation, litigation or other proceeding relating to the subject matter of the Assurance. Such cooperation shall include, without limitation, and on a best efforts basis:

a. Production, voluntarily and without service of a subpoena, upon the request of the Attorney General, of all documents or other tangible evidence requested by the Attorney General, and any compilations or summaries of information or data that the Attorney General requests that Wetherly (or Wetherly's parent companies, subsidiaries or affiliates) prepare, except to the extent such production would require the disclosure information protected by the attorney-client and/or work product privileges;

b. Without the necessity of a subpoena, having the current (and making all reasonable efforts to cause the former) officers, directors, trustees, agents, members, partners and employees of Wetherly (and of Wetherly's parent companies, subsidiaries or affiliates) attend any Proceedings (as hereinafter defined) in New York State or elsewhere at which the presence of any such persons is requested by the Attorney General and having such current (and making all reasonable efforts to cause the former) officers, directors, trustees, agents, members, partners and employees answer any and all inquiries that may be put by the Attorney General to any of the them at any proceedings or otherwise; "Proceedings" include, but are not limited to, any meetings, interviews, depositions, hearings, trials, grand jury proceedings or other proceedings;

c. Fully, fairly and truthfully disclosing all information and producing all records and other evidence in its possession, custody or control (or the
possession, custody or control of Wetherly's parent companies, subsidiaries or affiliates) relevant to all inquiries made by the Attorney General concerning the subject matter of the Assurance, except to the extent such inquiries call for the disclosure of information protected by the attorney-client and/or work product privileges; and

d. Making outside counsel reasonably available to provide comprehensive presentations concerning any internal investigation relating to all matters in the Assurance and to answer questions, except to the extent such presentations call for the disclosure of information protected by the attorney-client and/or work product privileges.

I GUESS THAT'S HOW YOU MAKE PEOPLE SING, WITHOUT MOVING THEIR LIPS. Let's hope they didn't shred too much of the juicy stuff and that Cuomo sent it over to CA AG Jerry Brown. Zuma Dogg heard about seven months ago that the proper authories had the information in hand. We'll see.