LOBBYIST SAYS ANDREW CUOMO CONTROLLED RADIO DRUG LAW CAMPAIGN

ALBANY, N.Y. (AP)-- A lobbyist who tried to overturn the state's
Rockefeller drug laws testified that Andrew Cuomo secretly directed a
$30,000 advertising campaign, apparently violating state lobbying law, the
state lobbying commission confirmed Friday.

Lobbying commission Executive Director David Grandeau said testimony and
supporting e-mails were provided to the commission last week by Deborah
Small of the Drug Policy Alliance Network, a registered lobbyist. Grandeau
refused to release the testimony and e-mails because the investigation is
continuing.

Cuomo's attorney, James Featherstonhaugh, denied that the former federal
housing secretary and candidate for governor orchestrated the advertising
campaign or did any other lobbying.

Cuomo was subpoenaed Friday to testify before the commission.

Lawyers for the leader of the drug law movement, hip-hop mogul Russell
Simmons, have discussed a settlement of the case against him, said two
state sources familiar with the case who spoke on the condition of anonymity.

Grandeau said the Drug Policy Alliance Network failed to disclose in its
bimonthly filings the cost of a $30,000 radio campaign in Albany,
two-thirds of which was paid for by Cuomo, according to testimony. Cuomo
then directed how the ads were created and when and how often they were
aired on radio, Small testified.

Small "was very forthcoming that the advertising campaign, while they
contributed to it, was organized by Mr. Cuomo's office and Mr. Cuomo
controlled the content of the ads," Grandeau said.

"The governor and the legislative leaders all say they want to change these
antiquated laws, but nothing ever happens," the ads said in part. "They
have promised change for eight years without results."

Cuomo isn't a registered lobbyist in Albany.

"The fact that someone else pays for it when you give them the money to pay
for it, and you tell them who to use and how to do it, it doesn't mean you
aren't the one who did it," Grandeau said. "You did it."

Featherstonhaugh said Cuomo contributed $10,000 toward to the Drug Policy
Alliance Network as a private citizen to support the call for reform of the
so-called Rockefeller drug laws. Cuomo had previously reported that his
campaign committee gave $10,000 on June 17 to the Drug Policy Alliance Network.

"There is nothing I'm aware of to require him to register as a lobbyist,"
said Featherstonhaugh, himself part of one of Albany's most influential
lobby groups.

"My understanding is that lots of people commented on the ads,"
Featherstonhaugh said, acknowledging Cuomo had input. "I'm sure that a
variety of other people commented on what the content should be. I'm
equally sure that the ads were purchased by and in the control of the Drug
Policy Alliance."

Grandeau said the testimony claims Cuomo was involved in the kind of
illegal lobbying that snared Donald Trump in 2000. The real estate and
gambling magnate and some of his associates were fined a then-record
$250,000 for secretly orchestrating an ad campaign against opening
competing casinos in New York.

If the testimony is proven, Cuomo would be required to register as a
lobbyist and could face a fine up to $50,000 for failing to file disclosure
records, Grandeau said. Simmons and Cuomo were at the forefront this spring
of a failed effort to reduce mandatory minimum sentences for possession and
sale of even small amounts of narcotics.

"We have instructed the attorney general that our policy is we don't
discuss settlements until full disclosure is made," Grandeau said. "So if
plaintiffs in the investigation are interested in settling, they first must
disclose all the documents we've requested."

The cases against Cuomo, Simmons and their colleague, former NAACP leader
Benjamin Chavis, are on hold while their lawsuit against the lobbying
commission continues, Grandeau. Cuomo, Simmons and Chavis say they were
simply exercising their free speech rights when pushing for drug law changes.

Chavis said he didn't know Cuomo's role in the radio campaign.

"We have not engaged in lobbying. We are not lobbyists and we intend to
protect our First Amendment rights," Chavis said. "We will not be
intimidated by anyone who seeks to deny our constitutional rights."

He referred questions about settlement discussions involving Simmons or
himself to his lawyers, who didn't immediately comment.

Lobbying laws require organized efforts to detail spending and activities
to influence lawmakers and public policy. Grandeau said the Drug Policy
Alliance, which has cooperated with the commission, is negotiating a small
fine for failing to fully disclose the advertising campaign in its
bimonthly filings with the commission.

Eliot Green, the attorney for Small and the Drug Policy Alliance, said he
recalls his client testified that Cuomo's office was directly involved.

"What I remember is her saying that Andrew Cuomo contributed $10,000 to the
media buy, that his group drafted the particular content of the media buy,
and that we signed off on it as the Drug Policy Alliance," Green said. "I
don't think he (Cuomo) thought he was (lobbying) or I don't believe his
office thought they were."