Friday, December 21, 2018


It seems Seth Agata is having some difficulty understanding what the term "force and effect of law" means.  Espescially as it applies to the illegal JJOKE lobby regulations.

He is quoted in Chris Bragg's story as saying "Those who violate the regulations will face thousands of dollars in fines under the Lobbying Act"

Which is quite a bit different than what he said in this story "would not create a separate actionable violation of the law," and were meant to "maximize guidance"

Hmmm that sounds a lot like the language we used in the settlement.  Duh Seth I was trying to do you a favor by using that language so that you could say you were right a year ago when your Chairman Mike Rozen was quoted as bitch slapping you by saying "there is some confusion about the status of the commission's lobbying regulations which currently are under consideration. I want to be very clear: The commission is in the middle of a rule-making to develop and adopt regulations, which will have the force and effect of law."

in response to your  "would not create a separate actionable violation of the law," and were meant to "maximize guidance"

Maybe we should let New York's Attorney General have the last word.  According to the Times Union  "Attorney General Barbara Underwood's office, which was representing JCOPE, agreed that the new regulations will not in and of themselves have the force and effect of law"

Seems pretty clear Agata was right before Rozen was wrong before Agata was wrong.

Of course I was right from the very beginning.

Sunday, December 16, 2018

I've had an epiphany about Seth Agata and my own morality

I know I've said it before but I'm done blogging about JJOKE and Seth Agata.

I had an epiphany.

Tomorrow JJOKE is scheduled to show the world it's $1.5 million lobby application.  And ordinarily I'd be blogging all day about the pros cons glitches and outright disasters.  But I've decided to save that for my paying clients.

I will tell you the forms that JJOKE released over the weekend that lobbyists are required to use as part of the registrations do have pros, cons and just made my Article 78 easier for the Judge to decide, but you will have to read the court papers to know why.

I can tell you that most lobbying firms are going to have to scramble if they want to abide by the forms or if I lose the Article 78. 

Now of course I have figured out a work around (loophole for those at JJOKE that think I am lucifer himself) but again I will only share it with my clients.  the rest of you can figure it out for yourself.

But why am I blogging on a Sunday morning?  Thats right the epiphany.

I have plenty of reasons to hate Seth Agata.  Very few people in this town know the real reason but Seth does.  He went over the line.  I am as ruthless and coldblooded as they come but even I wouldn't do what he did.  And that is the epiphany.

I had figured out how to go one worse than what Seth did and I was all set to do it and I realized I couldn't handle the bad karma that went with it so believe it or not. . .

Seth I'm done caring about getting even with you.

WOW that feels good.

Whatever happens with the lawsuit and the regulations happens and I'll move on win lose or draw.

Whatever happens to Seth,  my complaint and his employment happens and I've moved on good bad or ugly

Now of course if Seth or JJOKE try to hurt me or my clients all bets are off and that I do not forgive but that aside I will not be the one to break the peace (Godfather reference).

And for those of you that are always goading me to blog so they can get a vicarious thrill, I say help me be a better person and don't mention the blog again.

I do plan on starting a new online novel after this filing period with some old characters returning, "Leathers" and some new ones appearing "Patty Junkins" and "Maria Johnson-Neighbors-Nephew-Wallace" come immediately to mind, so stay tuned.

Friday, December 14, 2018

A busy weekend ahead for JJOKE

After spending over $1.5 million to replace the old lobby application (who got that no bid contract?) and developing it for over 3 years (what was wrong with the old system?) JJOKE has yet to display it to the regulated community or even their own staff.


Because it isn't ready

Like the high schooler who has procrastinated on writing that term paper time is up.  It's due Monday at noon.  They have committed to the AG's office that it will be ready and live at noon on Monday.

You would think that after 3 years and $1.5 million it would be perfect and good to go.  You know like a new bridge scheduled to have a grand opening as long as the old one next door doesn't fall on it.  But nooooo JJOKE says they will be working on it all weekend to have it finished for Monday at noon.

Not to increase their workload this weekend but they may want to fix the fact that anyone and I mean anyone can make anyone else a delegated administrator for a verified entity, even without the new delegated administrators permission or knowledge.

Seems like a pretty large security breach especially since you can claim, capture and verify anyones profile without their permission.

For example using the new illegal JJOKE regulations I have created and verified a coalition called the "Coalition to fire Agata"  I am the coalition leader and as such could name anyone a delegated administrator  ANYONE

I know this because that is exactly what one of my clients cliens did to me.

JJOKE may want to fix that glitch this weekend     No Charge Seth you have enough problems with spending $1.5 million on something you didn't need that may not work

Thursday, December 13, 2018

Would you like to know when the new lobby application will be "live"?

Lots of people would like to know the answer to the question

Would you like to know when the new lobby application will be "live"?

The regulated community would like to know - after all they are responsible for getting their filings done in a timely and accurate manner.

The media would like to know - JJOKE allegedly spent three years and $1.5 million of taxpayer money to build it so it's kind of important to see if it was worth the time and effort.

JJOKE staff would like to know - they are the ones that have been on the front lines answering questions about the yet unseen application.  They can barely keep up with the backlog using the tried and true system that has been in place for almost two decades.  And none of the JJOKE big shots have told them what and when the new system will go live.

The New York State Attorney Generals office would like to know - they have to defend JJOKE against my Article 78 litigation and the new application is at the center of next weeks hearing.  The lawyer from the AG's office Christopher Liberati-Conant has already told the court that the application is live, a statement that we all know is not accurate.  And he is now assuring us that it will really go "live" on Monday.  That kind of mistake reflects badly on the AG's office but I don't blame Chris I think someone at JJOKE (probably Martin Levine) mislead him as much as JJOKE has mislead the rest of us.

But like death, taxes and JJOKE's incompetence Monday will surely arrive and we can all see the new $1.5 million application.   I for one hope it's really good.  Seriously I use that system every day.  If it's good that makes my job easier.  If it's hard to understand or use it makes me richer as more people have to hire me.  The verification portion and delegated administrator function that they released several weeks ago has been great.  Once you know all the ways to take advantage of it and the backdoor ways to exploit it's loopholes it is a pleasure to use.  And I've picked up a lot of new clients as a result of it.  They are all small clients but it all adds up.  So thank you JJOKE and keep up the wall of silence it helps.

Now if the new $1.5 million system is built with the illegal regulations embedded in it, and Chris Liberati-Conant has told the Court it was, we may all be in for a long month ahead as the Court, JJOKE and the regulated community deal with the fall out from that.

Again I'm all smiles.

It's a win win for me.  If the illegal regulations are found to be null and void it's JJOKE's problem to fix the new $1.5 million application but I will know more about it and sooner than anyone else.  If the new regulations stand then again more business flows to the firm that knows the most about those regulations and the new system because we had to immerse ourselves in it for the lawsuit and my bottom line goes up again.

Either way my clients will know before the rest of the regulated community.

Just like I knew that JJOKE plans to go "live" Monday. 

Now if they don't go live Monday I'll be sure to let you know and I think Chris will have some explaining to do to the Court.

You are all welcome!!!!

Wednesday, December 12, 2018

Is it really better to be silent and be thought a fool?

Better to Remain Silent and Be Thought a Fool than to Speak and Remove All Doubt

Abraham Lincoln? Mark Twain? Biblical Proverb? Maurice Switzer? Arthur Burns? John Maynard Keynes? Confucius? Anonymous?
Dear Quote Investigator: Here are two versions of an entertaining saying that is usually credited to Abraham Lincoln or Mark Twain:
Better to remain silent and be thought a fool than to speak and to remove all doubt.
It’s better to keep your mouth shut and appear stupid than open it and remove all doubt.
The phrasing is different, but I think these two statements express the same thought. When I mentioned this adage to a friend he claimed that it was in the Bible, but it does not sound very Biblical to me. Can you resolve this dispute?
Quote Investigator: There is a biblical proverb that expresses a similar idea, namely Proverbs 17:28. Here is the New International Version followed by the King James Version of this verse: 1
Even a fool is thought wise if he keeps silent, and discerning if he holds his tongue.
Even a fool, when he holdeth his peace, is counted wise: and he that shutteth his lips is esteemed a man of understanding.
The quotations that the questioner listed use a distinctive formulation that is certainly more humorous. In the biblical version one is thought wise if one remains silent, but in the questioner’s statements the word “wise” is not used. Remaining silent simply allows one to avoid the fate of being thought a fool or stupid. This maxim has many different forms, and it is often ascribed to Abraham Lincoln or Mark Twain. However, there is no substantive evidence that either of these famous individuals employed the maxim.
The wonderful Yale Book of Quotations (YBQ) 2 investigated the saying and presented the earliest known attribution to Lincoln in Golden Book magazine in November 1931: 3
Better to remain silent and be thought a fool than to speak and to remove all doubt.
Since Lincoln died in 1865 this is a suspiciously late instance, and it provides very weak evidence. Further, YBQ indicated that the phrase was in use years before this date with no attachment to Lincoln. The ascription of the saying to Mark Twain is also dubious.
When Ken Burns filmed a documentary about Mark Twain in 2001 a companion book was released, and it listed the following version of the quote in a section titled “What Twain Didn’t Say”: 4
Better to keep your mouth shut and appear stupid than to open it and remove all doubt.
The earliest known appearance of the adage discovered by QI occurred in a book titled “Mrs. Goose, Her Book” by Maurice Switzer. The publication date was 1907 and the copyright notice was 1906. The book was primarily filled with clever nonsense verse, and the phrasing in this early version was slightly different: 5
It is better to remain silent at the risk of being thought a fool, than to talk and remove all doubt of it.
Most of the humorous content of “Mrs. Goose, Her Book” has the imprint of originality, and based on currently available data QI  believes that Maurice Switzer is the leading candidate for originator of the expression. This 1906 citation was also given in “The Dictionary of Modern Proverbs”, an indispensable new reference work from Yale University Press
Now you may be asking what does this have to do with JJOKE and the new illegal regulations and still unseen lobby application.
The easy answer is JJOKE must be following the quote's advice and that is why they have not released the lobby application.  Two years of work and only two weeks until the regulated community needs to start using it and NO ONE has seen it.  FOOLS
But there is a much more important reason.
In case you were not aware if the new illegal lobby regulations (another 2 year project) become effective those that meet public officials or their staff better be careful, no matter what the quote says.  If you remain silent you could be considered a lobbyist and subject to all the rules, obligations and penalties that go along with that moniker.
Thats right under the regulations silence is lobbying.  I'll say it again.  SILENCE IS LOBBYING
You can't believe it?
The regulations define lobbying as having direct contact with a public official and direct contact is defined as:
"(1) Direct Contact (i) Means any communication or interaction directed to a Public Official, including, but not limited to: . . .

          (d) Attendance at a meeting with a Public Official; or
    (e) Presence on a phone call with a Public Official, when the Official is aware of such presence; "
    Abe Lincoln, Mark Twain and Confucious must all be spinning over in their graves.

Tuesday, December 11, 2018


Do you feel it?
Do you hear it?
Do you smell it?
Do you see it?

A JJOKE e-blast is a coming!!!!

Sung to the tune "A bad moon rising" by Creedance Clearwater Revival

I see the new application afailing
I see trouble on the way

I see error messages and freezes
I see bad times today

Dont try to login today
It's bound to waste your time

A JJOKE e-blast is a coming

I hear Jeanine a screaming
I know Agata's end is coming soon

I fear filers getting screwed
I hear the voice of rage and ruin

Dont try to login today
It's bound to waste your time

A JJOKE e-blast is a coming

Hope you got your profile claimed
Hope you are quite prepared for late fees

Looks like we are in for nasty waits
Agata knows less than Martin Levine

Dont try to login today
It's bound to waste your time

A JJOKE e-blast is a coming


Monday, December 10, 2018



It's now December 10, three weeks until registrations and when you go to the JJOKE site for the new lobby application and try to use the new application that is what it says "COMING SOON".

But what does that mean?

Does it mean the registration portal will be available today?


This week?

Next week?

Next Year?

It's a fair question for those in the regulated community that want to follow the law (not the illegal regulations but the law)

And since the old application will not be available for 2019 registrations (or will it if the injunction is granted declaring the illegal regulations null and void) it is a critical piece of information that should be made public.

Coming soon - if you are a whore involved in a financial transaction with ex gov spitzer it means you get paid soon.

If it said "available soon" we could surmise from JJOKE's prior use of that term on the website for business relationships that it might take 3 or more years (that's how long it has been posted on the lobby query portion of the website).

But it says "Coming Soon"

Which is really strange because if JJOKE actually knew when it would be available wouldn't they tell us a specific date.  And if the application was fully tested and operational why post coming soon and wait? why not just release it and let people start using it?

Is it possible the idiots at JJOKE are promising something they can't deliver?

Coming soon? - Agata's resignation?

Coming soon? - Kind of like the check is in the mail.

Friday, December 7, 2018

A Christmas Story

Many of you, at least the sophisticated, well read ones, have seen the Christmas classic "A Christmas Story"   the heartwarming Christmas saga of Ralphie and his trials and tribulations during his pursuit of the unobtainable red rider bb gun with the compass in the stock.  For my money the best line in the movie is everybody telling Ralphie that he will shoot his eye out.  As JJOKE gets ready to unveil it's new lobby application, that is unless Judge Mackey grants my petition to declare the illegal lobby regulations null and void, I am constantly reminded of the line "Ralphie you'll shoot your eye out".  You see, I've been thru a roll out of a new lobby application before, from the inside.  I was the executive director of the old lobby commission the last time this happened.  Back then Jeanine Clemente was in charge of insuring a smooth roll out.  My understanding is that even though Jeanine has retired she was hired back at the state max of $30k per year while collecting her retirement specifically to work on the new lobby application.  It took over 2 years (way to max that benefit Jeanine) but Jeanine knows what it takes to do it right.  Last time, once the application was ready (we stole it from Connecticut so all we needed to do was modify for New York) we gave it to a couple of large lobbying firms to try it and provide us feedback (Tonio Burgos was one of the firms - Thank you Tonio)  We took the feedback from people that would actually be using the system, made some corrections and then implemented the system during a slow filing time with plenty of notice for people to get used to it.  This time?  No user input, in fact I'm told the actual staff members who will be interacting with the regulated community have not even seen it.  And lets go live with it for January 1, 2019 the single busiest filing period possible.  How could Jeanine have regressed so far from her excellent work on the original system?  

One big difference from the last time.  Back then I didn't let the lawyers touch it.  We only had one, Ralphie (hence my reminder of a Christmas Story) now there are more Raphies (lawyers) at JJOKE than Bumphus had dogs stealing turkey (watch the movie if that went over your head).  No decision at JJOKE gets made without at least three Ralphies trying to shoot their eyes out.

As a result it's December 7 (pearl harbor day) just three weeks till registrations are due and we haven't seen the new lobby application.  JJOKE says it will be unveiled in early December.  JJOKE staff was originally told December 10.  Now they are being told December 17.  Not only is JJOKE going to shoot their eye out they are going to lick the flagpole on this one (another movie reference).

Why the delay?

Because the application will not work.  Too many Ralphies trying to show how smart they are and not a single one has ever actually filed a registration statement.

A simple example.  The new regulations require that any lobbyist that has a contract must file that contract with the registration, you cannot use "an authorization" unless you use the JJOKE authorization form.  OK where is that form?  According to JJOKE staffers they haven't seen it and the Ralphies at JJOKE say it's coming.  A ricchochet off the fence right into Ralphie's glasses.  How will the Ralphies handle overlapping agreements?  How about in house authorizations for employed lobbyists?  How about for Coalitions?  Remember Ralphie, Coalitions do not really exist no matter what your regulations say so how can they enter into a contract or an authorization no matter what the form.

That's the easy stuff,  I'll save the rest of my snowballs till I actually see the application and can try to use it. 

I guess we will just have to wait and see how this movie ends.  I'm hoping Judge Mackey brings the judicial cleaver down on Agata's neck.  Falalalala la lala lah.