Contact: Morgan Bitton

Campaign Manager
Phone: (518) 241-6441

Shaun Francis for New York

PO Box 1019
Saratoga Springs, NY 12866

SHAUN FRANCIS FOR

NEW YORK STATE SENATE

FORMAL COMPLAINT FILED AGAINST

SENATOR KATHY MARCHIONE
State Senate candidate Shaun Francis requests an investigation by the State Board
of Elections Chief Enforcement Counsel Risa Sugarman into Sen. Marchiones
contributions from LLCs that are tied to developer Bruce Tanski

OVERVIEW
Shaun Francis, a Democrat running for the 43rd New York State Senate District, lodged a formal written
complaint with the New York State Board of Elections Chief Enforcement Counsel, Risa S. Sugarman. In the
complaint, Francis asked Sugarman to use the powers of her office to launch an investigation into the
giving and receiving relationship between current New York State Senator Kathleen Marchione (RHalfmoon) and Mr. Bruce Tanski, a well-known Halfmoon Real Estate Developer and builder. [Copies of the
complaint letter and Ms. Sugarmans response are attached to this summary.]
BACKGROUND
In July, Ms. Sugarman filed a lawsuit against a failed Assembly candidate, arguing that contributions made
to the campaign through the so-called LLC Loophole were illegal because the underlying donor was
using the LLCs simply as subterfuge to mask the true identity of where the money was coming from, and to
give to the campaign well above and beyond normal contribution limits. The case was settled out of
court.1
COMPLAINT SUMMARY
In his complaint letter to Sugarman Francis writes, It is my belief that the Friends of Kathy Marchione
Committeeknowingly accepted contributions in excess of individual campaign finance contribution limits
from Bruce Tanski who made contributions other than under his direct true name in violation of Section 14120 of the New York State Election Law, with the penalty for such violation laid out in Section 14-126(2).
The complaint letter to Sugarman lays out the history of the cash flow from Tanski to Marchione, and points
out that many of the contributions from Tanskis LLCs have come on the exact same day. It also shows
dozens of in-kind contributions from Tanskis businesses to the campaign in addition to the cash
contributions that were made. These in-kind contributions include what appears to be free fuel from

http://www.capitalnewyork.com/article/albany/2015/08/8575309/lawsuit-could-begin-close-llc-loophole-campaign-donations

FOR IMMEDIATE RELEASE

MORE

COMPLAINT FILED WITH BOARD OF ELECTIONS OVER MARCHIONE AND TANSKI

PAGE 2

Tanskis Halfmoon Sunoco station for Marchiones vehicle as well as a golf cart given to the campaign from
Tanskis Fairways of Halfmoon Golf Course. Dozens of in-kind contributions from Tanskis LLCs listed cash
amounts, but gave no description of what the in-kind contribution was for.
In total, Francis letter to Sugarman shows a total of $171,476,25 of cash and in-kind contributions from Mr.
Tanski to Marchione since 2012.
Despite the 1996 decision that created the so-called LLC Loophole there still remains Section 14-120 of
the New York State Election Law that requires all contributions be made in the true name of the contributor.
Bruce Tanski was charged with, and he pled guilty to violating this law in the past, when he is alleged to
have given his own personal cash to other individuals in order to make political campaign contributions on
his behalf thereby allowing him to give above normal campaign contribution limits. Tanski was sentenced
to three years probation, 200 hours of community service, and a $1,000 fine.2
SHAUN FRANCIS STATEMENT
Senator Marchiones relationship with Mr. Tanksi deserves a long hard look because this appears to be a
willful, deliberate, and intentional disregard for our election laws here in New York. We must shine as much
light as possible on how Albany politicians and their benefactors are attempting to use this LLC loophole to
circumvent contribution limits. Voters are tired of corrupt politicians in Albany and I will make reforming our
broken campaign finance system one of my top priorities in the Senate. Albany is a mess and it needs to
be cleaned up.
ABOUT SHAUN FRANCIS
Shaun Francis is a Democrat running for New York State Senate in the 43rd District, which encompasses parts
or all of Washington, Saratoga, Rensselaer, and Columbia Counties. Francis is a former professional
baseball umpire, and current labor union organizer and representative who resides in Wilton, NY. For more
information about Shaun, please go to www.Shaun-Francis.com
###

http://www.timesunion.com/local/article/Exclusive-Halfmoon-builder-Tanski-pleads-guilty-5892847.php

COMPLAINT FILED WITH BOARD OF ELECTIONS OVER MARCHIONE AND TANSKI

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October 14, 2015

Risa S. Sugarman
Chief Enforcement Counsel
New York State Board of Elections
40 North Pearl Street
Albany, NY 12443
Dear Ms. Sugarman:
I am writing to ask you to investigate contributions made to the Friends of Kathy Marchione
Committee by Bruce Tanski of Halfmoon, NY.
It is my belief that the Friends of Kathy Marchione Committee (the Marchione Committee)
knowingly accepted contributions in excess of individual campaign finance contribution limits from
Bruce Tanski who made contributions other than under his direct true name in violation of Section 14120 of the New York State Election Law, with the penalty for such violation laid out in Section 14126(2).
As reported on the most recent New York State Board of Elections Financial Disclosure Report, the
July 2015 Periodic Report, Bruce Tanski donated $1500 to the Marchione Committee on 1/26/2015
and then donated $8800 on 6/12/2015. The aggregate amounts of these two donations is $10,300,
which was then the contribution limit for an individual for the office of New York State Senate, as
stated on the New York State Board of Elections website. Also on 6/12/2015, McGregor Village Apt
LLC issued a check to the Committee in the amount of $10,300. McGregor Village LLC is an
apartment complex located in Wilton, NY. Bruce Tanski Construction designed and built McGregor
Village Apartments. The website for McGregor Village Apartments is linked to
tanskiconstruction.com. McGregor Village Apartments is clearly under the control of Bruce Tanski. In
addition on that day, 6/12/2015, Halfmoon Heritage LLC issued a check in the amount of $10,300 to
the Marchione Committee. Halfmoon Heritage is also an apartment complex and listed on
tanskiconstruction.com. Halfmoon Heritage is also clearly under the control of Bruce Tanski.
I ask you to look at the relationship between Bruce Tanski and Senator Marchione. Here are some
underlying facts:

Mr. Tanski is a real estate developer who controls a number of LLCs.

Mr. Tanski already pled guilty to prior NY State Election Law violations.
The Marchione Committee received numerous donations from Mr. Tanski personally and
from many LLCs that he controls in this and prior election cycles.
Many of the contributions to the Marchione Committee from Mr. Tanski and his LLCs were
written on the exact same day.

COMPLAINT FILED WITH BOARD OF ELECTIONS OVER MARCHIONE AND TANSKI

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When asked about the multiple contributions by the media, Mr. Tanski said, Nobody tells
Bruce Tanski what to contribute, where to contribute and how to contribute. (Campaign
funds flow from within, without, Albany Times Union, July 18, 2012)

Given these facts, and in light of your recent lawsuit relating to this issue, I respectfully request that
your office launch an investigation in order to answer the following questions:
1. Did the contributions from Mr. Tanskis LLCs to the Marchione Committee come out of
and remain debits from those LLCs operating budgets?
2. Did Mr. Tanski cover the costs of the contributions from the LLCs with personal
money either before or after the contributions were made?
3. Was Senator Marchione aware, or should she have been aware, that the LLCs
contributions were ultimately coming from the same individual and not in the true
name of the contributor?
4. Did Bruce Tanski sign all or some of the checks from the LLCs personally?
It is clearly not proper if contributions from the LLCs were at any time covered with transfers of
money from a person or entity. There is no way that the general public can find out if this is
happening when dealing with private corporations (LLCs). Therefore, this can only be discovered as
a result of a subpoena and an investigation by your office. Clearly, when you look at Mr. Tanskis
past violations of campaign finance laws, as well as his public statements about campaign finance
laws, and the multiple occasions where contributions were made to the same candidate on the same
date, you see there is enough probable cause to launch an investigation.
Time is of the essence in this case. If the past giving-receiving relationship between Mr. Tanski and
Senator Marchione is not in line with NY State Election Law, it is in the public interest that you do
what can be done right now to correct the situation before that money can be used to influence the
upcoming 2016 elections.
Sincerely,

Shaun Francis
PO Box 1019
Saratoga Springs, NY 12866
enclosure

COMPLAINT FILED WITH BOARD OF ELECTIONS OVER MARCHIONE AND TANSKI

Contributions to the Marchione Committee from Bruce Tanski

Election Cycle 2012 (Contested Primary and General elections)
5/15/12
Bruce Tanski
$6,500
5/15/12
McGregor Vilage Apts
$6,500
6/13/12
Halfmoon Heritage LLC
$6,500
5/16/12
Fairways of Halfmoon
$837 (In-Kind, Faith Breakfast)
5/31/12
Fairways of Halfmoon
$141 (In-Kind, donated bottles of water)
7/07/12
Halfmoon Sunoco
$335.37 (In-Kind, Gas Paid)
7/12/12
Shoppes of Halfmoon
$3,039.75 (In-Kind, Office Space)
8/09/12
Halfmoon Sunoco
$266.94 (In-Kind, no description given)
8/09/12
Shoppes of Halfmoon
$1,794.00 (In-Kind, no description given)
8/30/12
Halfmoon Sunoco
$513.61 (In-Kind, no description given)
8/30/12
Shoppes of Halfmoon
$947.00 (In-Kind, no description given)
9/20/12
Halfmoon Sunoco
$759.91 (In-Kind, no description given)
10/01/12
Halfmoon Sunoco
$258.57 (In-Kind, no description given)
10/01/12
Shoppes of Halfmoon
$1,617.50 (In-Kind, campaign headquarters)
10/01/12
Fairways of Halfmoon
$2,000 (In-Kind, Primary Night Event)
10/04/12
Bruce Tanski
$10,000
10/04/12
McGregor Village Apts
$10,000
10/04/12
Bruce Tanski Construction
$10,000
10/04/12
Halfmoon Heritage LLC
$10,000
10/22/12
Halfmoon Sunoco LLC
$434.33 (In-Kind, no description given)
10/22/12
Shoppes of Halfmoon
$6,000 (In-Kind, no description given)
11/29/12
Shoppes at Halfmoon
$647 (In-Kind, no description given)
11/29/12
Fairways of Halfmoon
$6,772.88 (In-Kind, Fundraiser Event)
11/29/12
Halfmoon Sunoco LLC
$3,223.39 (In-Kind, no description given)
Election Cycle 2014 (No primary election)
7/11/13
Bruce Tanski
12/23/13
Tanski Construction LLC
6/09/14
McGregor Village Apt
7/09/14
Halfmoon Heritage LLC
11/05/14
Shoppes of Halfmoon
11/27/14
Fairways of Halfmoon LLC

$10,300
$10,300
$10,000
$10,000
$6,663 (In-Kind, Rental of HQ Space)
$725 (In-Kind, Loan of Golf Cart)

Election Cycle 2016

1/26/15
Bruce Tanski
6/12/15
Bruce Tanski
6/12/15
Halfmoon Heritage LLC
6/12/15
McGregor Village Apt LLC
7/10/15
Fairways of Halfmoon LLC

$1,500
$8,800
$10,300
$10,300
$3,500 (In-Kind Contribution, Golf Cart)

PAGE 5

COMPLAINT FILED WITH BOARD OF ELECTIONS OVER MARCHIONE AND TANSKI

PAGE 6

DIVISION OF ELECTION LAW ENFORCEMENT

STATE BOARD OF ELECTIONS
40 NORTH PEARL STREET, SUITE 5
ALBANY, N.Y. 12207-2729
Phone: 518.486.7858

Risa S. Sugarman
Chief Enforcement Counsel
October 30, 2015
Mr. Shaun Francis
P.O Box 1019
Saratoga Springs, NY 12866
Dear Mr. Francis;
I am writing to acknowledge receipt of your correspondence to NYS Board of
Elections, Division of Election Law Enforcement, on October 30, 2015. This office
treats all allegations as a serious matter. I can assure you that this will receive the
appropriate attention of my staff.
Sincerely,
Risa Sugarman
Chief Enforcement Counsel