Andrea Nuciforo's Corruption! INSURANCE. Also see Denis Guyer, Carmen Massimiano, Daniel Bosley.

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"Luciforo"
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Andrea F. Nuciforo Jr.
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www.berkshireeagle.com/portlet/article/html/imageDisplay.jsp?contentItemRelationshipId=1414573
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"Ex-senator moving on insurance position: Six say Nuciforo sought advice"
By Frank Phillips, (Boston) Globe Staff, January 16, 2007

Former state senator Andrea F. Nuciforo Jr., who was sworn in two weeks ago as Berkshire County register of deeds, is already moving on to his next job search: a bid to become Governor Deval Patrick's commissioner of insurance.

Nuciforo, who has been the Senate chairman of the committee that oversees the state's heavily regulated insurance industry, has told his former colleagues and politically connected figures on Beacon Hill that he wants the insurance post, which would pay about $120,000 a year. The move would require him to resign as register, which pays him about $80,000 a year but also permits him to practice law.

Nuciforo, a Pittsfield Democrat, did not return calls over the last several days seeking comment. Nuciforo's former Senate aide, Patrick J. Quirk, said the senator would have no comment other than he would be "flattered" to be considered for a position in the Patrick administration.

But six of his former Senate and political colleagues on Beacon Hill have told the Globe that he has sought their advice and help in seeking the insurance post.

It is not clear what chance Nuciforo has in landing the position in the Patrick administration. A senior adviser to the governor said the former state senator probably would not get the position, although he may be granted an interview. Patrick's press secretary, Kyle Sullivan, said the administration does not comment on "pending personnel matters."

Nuciforo's campaign to become insurance commissioner has confounded many of his former colleagues in the State House and stirred the political world in Pittsfield, where Nuciforo has been a popular state senator for 10 years.

Last March, he shocked local political observers when he announced he would not seek reelection and instead run for the register of deeds position that was being vacated.

Because he was a popular senator with a bulging campaign account, his presence in the campaign for register persuaded two other contestants, including a former Pittsfield mayor who once served as his aide, to drop out of the race. He ran unopposed in the primary and general election, taking over what is considered a political sinecure.

Nuciforo, a 10-year incumbent whose final Senate term ended Jan. 2, was deeply involved in several controversial auto insurance reform proposals designed to change the way auto insurance is regulated in Massachusetts, including plans by several major firms and former governor Mitt Romney that sought to create a more competitive market.

Nuciforo , the former Senate chairman of the Financial Services Committee, came out strongly against House legislation proposed last June that would have phased out state-set rates and phase in competitive rate setting over five years. He predicted that if it passed the House, the bill would be "dead on arrival" in the Senate, contending it was "consumer-unfriendly." He and other critics said it would sharply increase premiums for drivers in urban areas.

Commerce Insurance Co., the state's largest auto insurer, has lobbied heavily against many of the proposals on Beacon Hill, contending that proposals to overhaul the system would raise rates for drivers in urban areas. Those opponents say the legislation would reduce subsidies that currently flow from suburban and rural drivers to urban motorists.

Nuciforo collected $11,000 in political donations from Commerce executives in the last year. As his committee considered the bill last year, he also collected donations from insurance company executives who wanted more autonomy in setting rates. Massachusetts is the only state in which regulators set auto insurance rates.

Patrick has yet to clearly outline his views on insurance reform, although during the campaign last year, he said he would like to see more competition.

Nuciforo has focused his private law practice on insurance issues during the time he chaired the committee. He is listed as "of counsel" to Berman & Dowell, a Boston law firm that cites insurance defense as one of its three practice groups. He joined the firm the year he became committee chairman. Nuciforo's practice area is listed "insurance coverage" and "insurance defense , " according to the firm's website. That legal work entails defense work for insurance companies against claimants.

According to the firm's promotional material, Joseph S. Berman, a partner, "leads the insurance defense group which provides clients with aggressive and cost-effective representation in a broad range of insurance matters, including insurance defense, coverage, and the defense of unfair insurance practices lawsuits."

Berman said in an interview several months ago that Nuciforo does not refer insurance defense work to him or others in the firm.

Nuciforo, who made $72,000 a year as a state senator, listed receiving $15,000 in income from the law firm in 2005, according to his latest financial statements filed with the State Ethics Committee.

Last week, Patrick fired Julianne M. Bowler, Romney's insurance commissioner, who was implementing an assigned risk plan, in which as many as 1 million of the state's drivers would be randomly assigned to carriers based on market share. The plan marked a radical change from current policy.

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"Nuciforo angles for state post: Registry position exit would raise eyebrows"
By Jack Dew and Hillary Chabot, Berkshire Eagle Staff
Wednesday, January 17, 2007

PITTSFIELD — If former state Sen. Andrea F. Nuciforo Jr. leaves his new job as Middle Berkshire register of deeds, it would create an opening in the county's best-paying elected office.

The Boston Globe reported yesterday that six of Nuciforo's "former Senate and political colleagues" have said he is seeking a position as Gov. Deval L. Patrick's commissioner of insurance, a job that would pay $120,000 a year. The deeds position, meanwhile, pays $80,000 annually.

The insurance commissioner's position would be a logical step from Nuciforo's role in the Senate, where he presided over the Financial Services Committee, which includes the state's insurance industry in its portfolio.

Patrick's administration has not commented on The Globe's report, and Patrick spokesman Kyle Sullivan would not say whether Nuciforo is a candidate for the insurance post.

"We do not comment on pending personnel matters," Sullivan said.

Nuciforo left the Senate in January after serving 10 years, saying he had never intended to spend his career on Beacon Hill and that a decade of commuting to Boston was enough.

He was elected in November to replace the outgoing Middle Berkshire register, Mary K. O'Brien. But even before Nuciforo was sworn in to the six-year term, there were reports in Berkshire political circles that he would forgo that job for a post in the Patrick administration.

Those same reports said Secretary of State William F. Galvin would appoint his friend and close political ally, Gerald S. Doyle Jr., to the deeds office. Doyle was Pittsfield's mayor from 1997 to 2001.

Doyle said yesterday that he has had no conversations with Galvin about any such plans. If the job were offered, he said, he would "keep an open mind."

According to the secretary of state's office, the deeds post would be filled by appointment until the next state election is held in 2008. The office did not comment on the Nuciforo situation.

Nuciforo's departure would perpetuate the recent Berkshire political merry-go-round. The race for his seat drew a host of political veterans and newcomers, and was won by Benjamin B. Downing, D-Pittsfield, in his first campaign for political office.

Just as the dust from that race was settling, state Rep. Daniel E. Bosley announced he was stepping down from the Legislature to join Patrick's cabinet. Candidates had begun lining up for Bosley's seat when he changed his mind and said he would stay in the Statehouse.

Bosley said he wouldn't be surprised if Nuciforo were a candidate for the insurance commissioner's job.

"(Nuciforo) is a person who has more than a passing (interest) in this stuff," Bosley said. "If the governor calls you, you listen. And if they are looking for someone with expertise, they would at least look at him."

Rep. William "Smitty" Pignatelli, D-Lenox, said he heard rumors as soon as Nuciforo was elected to the registry position that the former senator was lobbying for the insurance job.

Other colleagues, such as Sen. Stephen Brewer, D-Barre, wouldn't say whether Nuciforo had discussed the position with them.

"Even if we did talk about it, I couldn't divulge that. I would never discuss a private conversation," Brewer said, adding that Nuciforo would be a perfect fit for the job. "I think the world of him. He's bright and he's fair and he'd make a great insurance commissioner."

While in the Senate, Nuciforo was opposed to ending state control of auto insurance rates. That made him a friend of consumer organizations such as the Massachusetts Public Interest Research Group and some insurance companies, and the enemy of insurers that want to see state control end.

During the campaign and his first days in office, Patrick has been largely quiet on insurance. He did, however, cut loose the insurance commissioner who served under Gov. Mitt Romney, Julianne Bowler, who was seen by industry groups as supportive of ending state controls.

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www.berkshireeagle.com/headlines/ci_5028931
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January 16, 2008

Dear News Media, Pols, & the People:

It is hard to believe that one-year has passed by since my 11+-year political ENEMY was FINALLY called on for his CORRUPTION in Massachusetts Politics by "The Boston Globe"!

un-Happy one-year Anniversary, "LUCIFORO!, You no good Son of a Bitch!" no-Good luck on your run against Olver for Congress! Ha ha ha...the laugh is on you!

-Jonathan Alan Melle
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www.jonathanmelleonpolitics.blogspot.com/2008/01/nuciforos-corruption.html
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www.jonathanmelleonpolitics.blogspot.com/2007/10/andrea-f-nuciforo-jr-luciforo-devilish.html
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The Boston Globe News Article:

www.boston.com/news/local/articles/2007/01/16/ex_senator_moving_on_insurance_position/?page=full

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Mary Carey's Blog:

www.aboutamherst.blogspot.com/2007/01/melle-vindicated.html

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www.iberkshires.com/images/site_images/stories/25612.jpg
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"Ruberto Details Plans for Success", By Jen Thomas -iBerkshires.com-, January 07, 2008
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Mayor James M. Ruberto is sworn in by Register of Deeds Andrea Nuciforo as City Councilors Matthew Kerwood and Michael Ward look on at Monday's inaugural ceremony.
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www.iberkshires.com/story.php?story_id=25612
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"Nuciforo’s perjury, fraud and conflicts of interest"

This message is for the People of Berkshire County, the Commonwealth of Massachusetts, the News Media, Concerned Citizens, and State Senate Republican Candidate Dawn Taylor Thompson to understand the illegal and unethical business activities of State Senator Andrea F. Nuciforo II, who is seeking a fifth-term as State Senator this year.

Allegation # One: State Senator Andrea F. Nuciforo II committed perjury in a personal financial disclosure to the Ethics Commission (see Addenda: Appendix B).

Fact # One: Nuciforo stated that he earned all of his “extra income” from his Pittsfield Law Practice during the calendar year of 2003 (see Addenda: Appendix B).

Fact # Two: Nuciforo is one of five corporate Attorneys for a Boston Law Firm (see Addenda: Appendix A).

Fact # Three: Nuciforo never explained his private law practice activities for Berman and Dowell in Boston to the Ethics Commission and the People of Berkshire County.

Conclusion # One: Nuciforo’s perjury to the Ethics Commission is evidenced by the three aforementioned facts. Nuciforo is corrupt (and misleading) by not disclosing all of the sources of his “extra income” to the Ethics Commission. Nuciforo must explain to the People his position as a corporate Attorney for “Berman and Dowell” in Boston. Nuciforo must report and/or be reported for his perjury to the Ethics Commission; and he should explain his corrupt actions to the People of Berkshire County. Nuciforo should be prosecuted for his perjury to the Ethics Commission.

Allegation #2: Nuciforo committed fraud by not reporting his full income to the Ethics Commission.

Fact #1: Nuciforo, as with all Massachusetts and American citizens, are income taxpayers to the state and national governments. Nuciforo’s “extra income” is also subjected to taxation.

Fact #2: Nuciforo is one of five Attorneys with “Berman and Dowell” in Boston.

Fact #3: Nuciforo reported no “extra income” from his position with “Berman and Dowell.”

Conclusion #2: Nuciforo’s “extra income” statements to the Ethics Commission are fraudulent. Nuciforo’s fraud is evidenced by the three aforementioned facts. Nuciforo’s “extra income” is subject to taxation laws of both Massachusetts and U.S. laws. Nuciforo must be investigated for his income reporting to the state of Massachusetts’ Dept. of Revenue and the U.S. Internal Revenue Service. Nuciforo should be prosecuted for any and all fraudulent income reporting to the DOR and/or IRS.

Allegation #3: Nuciforo committed conflict of interest violations by both sitting as the Chairman of the Committee on Banks and Banking in the Massachusetts State Senate and serving as a Banking Law Attorney for “Berman and Dowell” in Boston.

Fact: See Addenda: Appendix A.

Conclusion #3A: Nuciforo is BOUGHT AND PAID FOR by the Boston special interests!

Conclusion #3B: None of these news items have been reported to the People of Berkshire County. The news media is not effectively reporting the facts and issues to the People. The news media is showing a similar corruption to the disingenuous actions of the politicians. It seems like almost everyone has a price, but only some people and entities are a little more obvious than others.

Note: The three branches of government are (1) the Legislative, (2) the Executive, and (3) the Judicial. The fourth branch –or the fourth estate- is the Press, which is now called the news media.

Author’s Note: I, Jonathan A. Melle, am an American Citizen with U.S. Constitutional Rights and Civil Liberties. I will always speak my good conscience as long as I live!

Addenda

Appendix A

http://bermananddowell.com/attorneys.jsp

Berman & Dowell

210 Commercial Street,

Boston, Massachusetts 02109-1305

Telephone: 617-723-9911

Facsimile: 617-723-6688

Joseph S. Berman

Elizabeth S. Bostwick

John S. Day

Rodney S. Dowell

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ANDREA F. NUCIFORO, JR.

Of Counsel, Email: anuciforo@bermandowell.com

Practice Areas: Professional Liability Defense; Commercial Litigation; Banking Law; Insurance Coverage; Insurance Defense.

Lawyer for Berman & Dowell (a Law Practice industry) from January 1999 — September 2006 (7 years 9 months). "Luciforo" served "Of Counsel" at this Boston-based litigation practice. Source: www.linkedin.com/pub/andrea-f-nuciforo-jr/6/1b/982

Biography: Law Clerk to Chief Judge Frank H. Freedman, U.S. District Court, District of Massachusetts, 1989-1991. Member, 1997— and Chairman, Committee on Banks and Banking, Massachusetts State Senate, Berkshire, Hampshire and Franklin District.

Appendix B

"Lawmakers report extra income" published in The Berkshire Eagle on Wednesday, 6/2/04

BOSTON -- Practicing law was a bit more prosperous in 2003 for state Sen. Andrea F. Nuciforo Jr., D-Pittsfield, though it's unclear whether it was the result of the senator working more as a lawyer.

According to a personal financial disclosure to the Ethics Commission, Nuciforo earned $20,897 from his Pittsfield law practice last year, a sharp increase from the $8,400 he earned as an attorney in 2002. In 2000, Nuciforo earned less than $5,000 as an attorney.

One of Nuciforo's areas of expertise is in estate planning.

Compared to many other members of the Legislature, Nuciforo's outside earnings are not significant. Many legislators are also powerful attorneys earning upward of $100,000, while others own lucrative businesses.

Though Nuciforo's lawyer earnings were more than double the previous year, attorneys often explain that there is not always a direct correlation between what they are paid and the number of hours they worked.

Nuciforo did not want to comment, only saying that he stands by his disclosure as fact.

He represents the largest district in the state geographically, with 48 cities and towns. He is also Senate chairman of the Banks and Banking Committee.

Lawmakers and state officials are required to file statements with the Ethics Commission that detail their earnings and personal holdings. They were only required to state dollar ranges when reporting a value of a home or earnings, though some were more specific.

NOTE: The State "Ethics" Commission let Nuciforo off the hook with a CONFIDENTIAL decision. Hmmm.

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10/11/2007

This link used to take you to Nuciforo's Corporate Boston Law Firm web-page:

http://www.bermananddowell.com/jsp2196567.jsp

But now you will NO LONGER find that Nuciforo serves the Corporate Elite for a Private Boston Law Firm named "Berman & Dowell" as a private Corporate Attorney for Boston's big banks and insurance companies.

Now, the link directs you to another web-site:

http://www.lawyers.com/

In the interim, the web-page reads:

WE ARE SORRY...

The page you have requested cannot be found.

Your browser should refresh to http://www.lawyers.com in 10 seconds. If this doesn't occur, click here.

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I (Jonathan Melle) have saved this web-page in the very case that this would happen.

Here you will find that Nuciforo really only serves the Corporate Elite in Boston as a private Corporate Attorney for Boston's big banks and insurance companies.

Berman & Dowell
210 Commercial Street,
Boston, Massachusetts 02109-1305
Telephone: 617-723-9911
Facsimile: 617-723-6688
bermananddowell.com

Andrea F. Nuciforo, Jr.
Of Counsel
Email: anuciforo@bermandowell.com

Practice Areas: Professional Liability Defense; Commercial Litigation; Banking Law; Insurance Coverage; Insurance Defense.

Admitted: 1989, Massachusetts; 1990, New York; 1991, U.S. District Court, District of Massachusetts

Law School: Boston University, J.D., 1989

College: University of Massachusetts, B.A., 1986

Member: Berkshire and Massachusetts Bar Associations.

Biography: Law Clerk to Chief Judge Frank H. Freedman, U.S. District Court, District of Massachusetts, 1989-1991. State Senator, Berkshire, Hampshire and Franklin District, 1997-2007 and Member, 1997-2007 and Chairman, 1999-2007, Committee on Financial Services, Massachusetts State Senate.

Born: Pittsfield, Massachusetts, February 26, 1964

ISLN: 904108949

Lawyer for Berman & Dowell (a Law Practice industry) from January 1999 — September 2006 (7 years 9 months). "Luciforo" served "Of Counsel" at this Boston-based litigation practice. Source: www.linkedin.com/pub/andrea-f-nuciforo-jr/6/1b/982

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FindLaw > Lawyer Directory > Lawyer

Andrea F. Nuciforo Jr.

Firm: Andrea F. Nuciforo, Jr.

Address: PO Box 1205
65 Bartlett Ave
Pittsfield, MA 01202-1205

Phone: (413) 499-2244
Fax: (413) 499-7911

West Practice Categories:

Estate Planning

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AND
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Andrea F. Nuciforo, Jr.
Lawyer in Boston, Massachusetts

Boston, Massachusetts
(Suffolk Co.)

Berman & Dowell
210 Commercial Street
Boston, MA 02109-1305
Phone: (617) 723-9911
Fax: (617) 723-6688

Lawyer for Berman & Dowell (a Law Practice industry) from January 1999 — September 2006 (7 years 9 months). "Luciforo" served "Of Counsel" at this Boston-based litigation practice. Source: www.linkedin.com/pub/andrea-f-nuciforo-jr/6/1b/982

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www.nuciforo.com

--2005--

Welcome to My Online Office

Senate President Robert E. Travaglini recently appointed me to serve as chairman of the newly-formed Committee on Financial Services. The committee will have jurisdiction relating to banks, credit unions, insurance companies, insurance agents, state securities laws, and a variety of other matters.

This assignment, in addition to my membership on the Elder Affairs, Higher Education, Consumer Protection, and Election Laws Committees gives me an extraordinary opportunity to serve the citizens of the Berkshire, Hampshire and Franklin District. The Financial Services committee will consider changes to Massachusetts laws relating to automobile insurance, homeowners insurance, mortgage lending, and other matters that have a direct impact on consumers across the Commonwealth.

I encourage you to visit Nuciforo.com often, as the site will be updated regularly to keep you informed about legislative activities, and upcoming events in western Massachusetts and the State House.

Thank you for the privilege of representing you in the Massachusetts Senate. As always, please feel free to contact me should you need my help.

Sincerely,

Andrea F. Nuciforo, Jr.
State Senator

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www.nuciforo.com

--2007--

Website under construction.
Please call 413-442-6810 with any questions.

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Re: Open Letter to the Massachusetts State Ethics Commission

Commonwealth of Massachusetts
State Ethics Commission
John W. McCormack Office Building
One Ashburton Place
Room 619
Boston, Massachusetts 02108-1501

Attention: Stephen P. Fauteux, Enforcement Division Chief (mgm)

Dear Mr. Fauteux:

Enclosed, please find several news articles, editorials and letters published by “The Berkshire Eagle” entitled: "Challengers face funding obstacles”, “Nuciforo to head panel overseeing auto insurance”, “Nuciforo must show independence in post”, and “Nuciforo’s challenge”. Also, please find a photocopied letter that you sent to me at my previous mailing address in Amherst, NH.

As a former lifelong citizen of the Berkshire region of the Commonwealth of Massachusetts until April 6, 2004, I am disturbed by Berkshire State Senator Andrea F. Nuciforo II’s public record of special interest politics. Specifically, Nuciforo has been promoted last month to the position of Senate Chairman of the Financial Services Committee, which will bring in both “intense lobbying and cash donations from the insurance industry” and the banking industry. The problem with this situation continues to be that Nuciforo provides private banking and insurance legal services through the law firm “Berman & Dowell” on 210 Commercial Street in Boston.

Please direct yourself to the following web link: http://bermananddowell.com/jsp2196567.jsp.

This web page even states that Nuciforo’s practice areas include Banking Law, Insurance Coverage and Insurance Defense. This entire situation continues to be evidentially in clear violation of the conflict of interest law, G.L. c. 268A. Please take appropriate legal action.

Sincerely,

Jonathan A. Melle

NOTE: The State "Ethics" Commission let Nuciforo off the hook with a CONFIDENTIAL decision. Hmmm.

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June 04, 2005

Re: Open Letter to the Massachusetts State Ethics Commission

Commonwealth of Massachusetts
State Ethics Commission
John W. McCormack Office Building
One Ashburton Place
Room 619
Boston, Massachusetts 02108-1501

Attention: Stephen P. Fauteux, Enforcement Division Chief (mgm)

Dear Mr. Fauteux:

Below, please take the time to review the following herein news article published today, June 04, 2005, “Lawmakers disclose finances” (The Berkshire Eagle). ONCE AGAIN, State Senator Andrea F. Nuciforo (D-Pittsfield) is in BLATANT violation of the state’s CONFLICT OF INTEREST LAWS!

It is truly amazing to me that I can still go to the following web pages: http://bermananddowell.com/attorneys.jsp , http://bermananddowell.com/jsp2196567.jsp , and see first-hand that Nuciforo is a corporate banking and insurance lawyer. WHAT KIND OF AGENCY ARE YOU RUNNING, ANYWAY? This is a BLATANT and CONTINUAL and RECURRING VIOLATION OF MANY OF THE LAWS THAT YOUR STATE AGENCY ENFORCES.

By the way, I have been posting these matters on the following web blog: http://berkshireeagle.blogspot.com/ , “Topic: Berkshire County’s Politicians - - - - Local, State, and Federal”. Also, I am emailing this letter I am sending to you today to many of the state’s major and regional newspapers, Berkshire Politicians, and the People for their review.

I BELIEVE VERY STRONGLY SO THAT IF YOU AND YOUR COLLEAGUES DO NOT STOP THIS VIOLATION THAT YOU SHOULD BE FIRED!

Sincerely,
Jonathan A. Melle

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"Lawmakers disclose finances"
THE BERKSHIRE EAGLE, Pittsfield, Massachusetts
By Erik Arvidson, Eagle Boston Bureau

BOSTON — State Rep. Daniel E. Bosley appears to have curtailed his out-of-state travels over the past year and a half, though he still travels more than most of his colleagues.

The North Adams Democrat, who in years past would rack up tens of thousands of dollars in traveling expenses from trips all over North America, can no longer claim to be one of the most well-traveled members of the House.

In a disclosure filed with the state Ethics Commission this week that details personal financial information, Bosley reported that he received no travel reimbursements in 2004 from the Council of State Governments, a nonprofit organization made up of political leaders from across the country.

A year ago, Bosley disclosed on his report that he had received between $20,000 and $40,000 from the CSG to reimburse him for travel expenses to attend various conferences and meetings.

Bosley was national chairman of the CSG in 2003, and the position required him to attend virtually every significant meeting.

Bosley's campaign finance reports filed with the state Office of Campaign and Political Finance show a sharp reduction in travel-related costs.

Between 2002 and 2003, Bosley compiled a total of $37,230 in traveling expenses, including air fare, lodging, taxi fare, conference fees and meals, according to his campaign finance report.

Most of those expenses he paid out of his own pocket, then reimbursed himself with campaign funds.

But in the report filed in January detailing his campaign finance activity for 2004, Bosley charged just $3,606 in traveling expenses to his campaign account. He still owed himself $5,706 in liabilities, which he did not have to describe in detail but presumably included travel costs.

Bosley could not be reached for comment yesterday.

Both of the Berkshires' new House lawmakers were required to file disclosure reports with the Ethics Commission, even though they were not legislators in 2004.

Rep. Denis Guyer, D-Dalton, reported that he earned between $40,000 and $60,000 as a purchasing specialist for Crane & Co. in Dalton, and between $1,000 and $5,000 as a Dalton selectman. His real estate holdings included his primary family residence on Haworth Street.

Rep. Christopher Speranzo, D-Pittsfield, reported that he earned $57,926 between his position as assistant attorney general and Pittsfield's city solicitor. He also listed only his primary residence, on Thomson Place, for real estate.

The base wage for all members of the Legislature is $55,567.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Sen. Andrea F. Nuciforo Jr., D-Pittsfield, disclosed that he earned $9,460 from his law practice in Pittsfield in 2004. He earned $20,897 from practicing law in 2003.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

State Rep. William "Smitty" Pignatelli, D-Lenox, did not report any secondary income.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

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A Past Berkshire Eagle NEWS ARTICLE: "Insurers swell senator's war chest: Nuciforo able to raise $137,000 in donations" (By Erik Arvidson, Eagle Boston Bureau
The Berkshire Eagle, Saturday, January 21, 2006): "Nuciforo (Luciforo's) top donor was the Webster-based Commerce Insurance Co., the state's largest auto insurer, which had 18 executives or employees donate a total of $9,000. All of them donated the maximum $500 allowed to an individual under the state's campaign finance laws. / Commerce has lobbied the Legislature heavily to retain the current closely regulated system, opposing a plan by Romney to provide drivers with more choice and to introduce more competition."

» Nuciforo's (Luciforo's) top five donors

These are the top five companies that had employees contributing to state Sen. Andrea F. Nuciforo Jr.'s campaign in 2005:
1. Commerce Insurance Co. — $9,000
2. Liberty Mutual — $6,800
3. Nation One Mortgage — $5,350
4. Arbella Insurance Group — $2,400
5. Bulkley, Richardson and Gelinas LLP — $1,775]
$$$$$$$$$$$$$$$$$$$$$$$$$$$$
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The Berkshire Eagle
In the State
Thursday, January 27, 2005 -

"Nuciforo named leader of new finance panel"

BOSTON -- State Sen. Andrea F. Nuciforo Jr., D-Pittsfield, was named Senate chairman of the newly created Financial Services Committee yesterday by Senate President Robert E. Travaglini.

Nuciforo was formerly the chairman of the Banks and Banking Committee, which has been consolidated with the Insurance Commit-tee to form a new joint House-Senate panel that will examine all aspects of the financial services industry.

House and Senate leaders said the new committee was created to keep pace with the changing face of finance and to eliminate overlap.

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The Berkshire Eagle
"Nuciforo to head panel overseeing auto insurance"
By Erik Arvidson, Berkshire Eagle Boston Bureau
Saturday, January 29, 2005 -

BOSTON -- With his promotion to Senate chairman of the Financial Services Committee, state Sen. Andrea F. Nuciforo Jr., D-Pittsfield, has moved front and center in the debate over the high cost of auto insurance in Massachusetts.

In addition to a $7,500 pay raise -- bringing his annual pay to about $70,000 -- Nuciforo's statewide profile will likely rise as a result of chairing the panel that will be a key voice in the debate over how to make auto insurance rates more affordable.

Nuciforo said he would take a balanced approach to considering matters relating to auto and homeowners insurance, which will be the two biggest areas of concern he will inherit as a result of the committee restructuring.

"It's a very broad jurisdiction this committee will have," Nuciforo said. "I come with an open mind to insurance issues. With auto insurance and homeowners insurance, consumers often complain about the limits of coverage. Auto insurance consumers are unhappy with the rate-setting structure. There are a lot of thorny issues to deal with this year."

There are just 19 auto insurers operating in Massachusetts today, compared to 53 in 1990.

Nuciforo would not say whether he agreed with Gov. Mitt Romney's comments that the current auto insurance system is riddled with fraud and rewards bad drivers.

"I will be meeting with all of the interested parties and will conduct hearings. We'll make the best decisions we can," Nuciforo said. "This will be a good opportunityfor consumeradvocates and representatives of the industry to bring their concernstothe open."

The Financial Services Committee was created as a result of the merger of Nuciforo's old Banks and Banking Committee, and the Insurance Committee.

Nuciforo and his House co-chair counterpart -- who has yet to be named -- will also likely be the subject of intense lobbying and cash donations from the insurance industry.

According to the secretary of state's lobbyist division, the auto, home, and life insurance industries spent a total of $1.46 million in 2004 on lobbyist salaries and contributions to elected officials.

Combined with the reported expenditures of the banking, lending and investment industries, Nuciforo's Financial Services Committee oversees issues that were the subject of $2.6 million in lobbying efforts last year.

The former Senate chairman of the Insurance Committee, Guy W. Glodis of Worcester,received $14,425 in lobbyist donations in just six months in 2003, according to the Metrowest Daily News.

Nuciforo has served as chairman of the Banks and Banking Committee since 1999. Prior to that, he was Senate chairman of the Election Laws Committee.

Senate President Robert E. Travaglini and House Speaker Salvatore F. DiMasi agreed to restructure the legislative committees to modernize them and make them more efficient.

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NEWS ARTICLE:

"Casino backers fill key coffers: Lobbyists have given the most money to the House speaker, despite his opposition to expanding gaming."
By Hillary Chabot, Eagle Boston Bureau
The Berkshire Eagle, Sunday, September 30, 2007

BOSTON — State politicians looking to fill their campaign coffers might want to consider a new position — casino gambling opponent.

It has worked well for House Speaker Salvatore F. DiMasi, who has battled fiercely against expanded gambling for three years. He took in $10,575 during that period from lobbyists representing casino interests, according to state campaign finance records. That sum is more than any other lawmaker.

Jane Lane, DiMasi's campaign spokeswoman, argued that the donations prove that money cannot always buy votes.

"The speaker has been a longtime opponent of casino gambling," Lane said. "Obviously these donations have had no bearing on his position and are merely a reflection of their support for the speaker's agenda for the state."

But Barbara Anderson, executive director of Citizens for Limited Taxation, has a more cynical view.

"I'm not surprised. Why else would you be holding out?" Anderson said. "I always assumed his resistance came from the fact that, as long as the issue is unresolved, people will be paying him to vote with them."

The contributions include DiMasi's political action committee, which uses funds to elect and retain Democrats in the House.

Gov. Deval L. Patrick's plan to bring three resort-style casinos triggered a surge of money from hopeful developers to lobbyists in the past year. But casino lobbyists were busy trying to sway lawmakers' votes long before that. The lobbyists spent $316,321 over the past three years on Massachusetts politicians, with about $7,000, or less than 2 percent, flowing to politicians in the Berkshires.

$$$$$$$$$$$$$$$$$$$
Locally, casino opponent Rep. Daniel E. Bosley took in the most in casino lobbyist donations, $3,150, followed by former Sen. Andrea F. Nuciforo Jr. with $2,850. Bosley argues that the lobbyists who represent casinos also represent other businesses. He even has a personal relationship with some of them, including one former aide.
$$$$$$$$$$$$$$$$$$$

"People think they're buying influence, and clearly they're not," Bosley said. "It's hard to walk through the halls without walking into somebody who's a casino lobbyist, and it says a lot about my fairness and that they recognize smart, hard-working people despite the fact that we're on opposite sides of the issue."

Casino supporter Treasurer Timothy Cahill got the second most in donations from casino lobbyists, taking in about $9,000. He was an ardent opponent of casinos until this year, when he changed his mind, citing slowing lottery revenues.

"Treasurer Cahill is proud to have had the support of thousands of individual contributors over the years, and he makes his decisions independently of the multiple perspectives these donors represent," said Cahill campaign spokeswoman Laurie Basio. The contributions totaled less than 1 percent of Cahill's total donations over the past three years.

Money for access

Pam Wilmot, executive director of lawmaker watchdog group Common Cause, said that money may not buy votes, but it often buys access.

"Money helps with access to officials. It doesn't necessarily guarantee you'll get your way, but it does get you in the door," Wilmot said.

The biggest contributors include Suffolk Downs at nearly $87,000; Mashpee Wampanoags follow at $35,200; Harrah's entertainment at $28,000; Aquinnah Wampanoag gaming at $23,425; Foxwoods at $23,200; Raynham Taunton Greyhound Park at $21,000; and Plainridge Racetrack at $19,084.

Patrick received about $5,000, and Lt. Gov. Tim Murray pulled in about $6,000. Current Senate President Therese Murray, who supports casinos and has only been president since March, took in $5,600.

Wilmot said there is another reason why money might not sway legislator votes when it comes to casinos. People are watching.

"The antidote to money is citizen participation, and that can be mobilized around a few key issues effectively. This is one of them," Wilmot said.

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Massachusetts

"State may scrap auto insurance appeals: Industry lobbies commissioner to protect premium surcharges", By Glen Johnson, Associated Press, Friday, October 10, 2008

BOSTON — The state's insurance commissioner, addressing a concern of some insurers, is considering eliminating the unique right under which Massachusetts drivers have been able to appeal auto premium surcharges they consider unfair for accidents caused by bad weather, road problems or some other abnormal circumstance.

Each year some 50,000 Massachusetts drivers seek relief from the Division of Insurance's Board of Appeals. Roughly 20,000 people succeed, saving themselves $8 million in insurance surcharges at roughly $400 a pop. There's a 20,000-case backlog at the state Board of Appeals.

But in the latest wrinkle in the "managed competition" insurance system she instituted in April, Insurance Commissioner Nonnie Burns is considering eliminating surcharge appeals as a vestige of the "fixed-and-established" insurance system under which drivers operated for 30 years before last spring.

Insurers argue the appeals process is no longer valid because it is not written into the managed competition law. The law is aimed at lowering premium costs and expanding the number of, and competition between, insurers in the state.

Massachusetts was the only state in the country with an insurance commissioner who set the premium rates that all insurers had to charge. It also was the only one with an appellate board to hear complaints when drivers felt they weren't, in the industry's term, "at fault" in an accident.

In other states, aggrieved parties use the court system, an additional option available in Massachusetts.

Insurance companies also say with the state now requiring them to compete for business through premium prices, how and whether they levy additional surcharges — or repeal them — should be an additional point of competition between them.

Some insurers like Liberty Mutual are already touting "accident forgiveness" plans, in which drivers with an otherwise good record would not face a surcharge if they have an accident. Under the old system, the insurers say, those drivers would have automatically faced a surcharge calculated by the state based on the type and severity of their accident.

Maintaining a standardized set of accident descriptions and penalties "could have the unintended consequence of affecting competition between insurers," said James Harrington, executive director of the Massachusetts Insurance Federation, which represents some of the state's major insurance companies.

Burns and her staff were reluctant to discuss the issue publicly, but she said in a statement: "We continue to examine the many different transition issues carefully and expect to issue further guidance over the next few months on topics ranging from cancellation procedures to surcharges and appeals in order to ensure as smooth a transition as possible."

Experts do not expect the Board of Appeals to disappear entirely, since it also holds hearings on insurance cancellations and license decisions made by the Registrar of Motor Vehicles. Redress through the courts would also maintain an option, although the Board of Appeals was created, in part, to speed up the appellate process and conserve court resources.

Drivers who have not renewed their policies also continue to be eligible for surcharge appeals. Even those who have taken advantage of the competition to switch insurers since April 1 are still governed by the existing rules, under a one-year transition period between the old and new systems.

But under the rules Burns still must promulgate, people who have switched policies, and everyone who must renew them in the future, could lose their appellate right under the new regulations.

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Beacon Hill is awash in charges of political corruption. Some fear Senator Dianne Wilkerson could give up additional information to seek a lighter sentence. House Speaker Salvatore F. DiMasi is accused of ethical failings, and Senate President Therese Murray was subpoenaed.
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"Waves of scandal rattle Beacon Hill"
By Matt Viser and Frank Phillips, Boston Globe Staff, November 2, 2008

Senator Dianne Wilkerson seemed to think last week that her Senate colleagues would go easy on her. And she had reason. All her past indiscretions had been overlooked, and the collegial body that meets in a powder-blue room with cushy chairs has never tried to oust one of its own before a conviction for a crime.

"I trust that you will act consistent with prior practice," Wilkerson wrote in a letter to the Senate president.

But Wilkerson clearly misjudged the size of the shock wave her arrest on bribery charges triggered on Beacon Hill.

Members of the House and Senate - and the Massachusetts public - have already been subjected to a stream of news about the alleged ethical failings of House Speaker Salvatore F. DiMasi and his close friends. As the taint of corruption settled deeply over the State House last week and subpoenas from the US attorney's office were delivered to top-ranking state officials by the hour, Wilkerson's Senate colleagues quickly moved to purge her.

Beacon Hill is once again awash in charges of political corruption, cronyism, and influence peddling, a spate of scandals that seasoned observers describe as perhaps the worst in three decades. And the sense that shoddy or criminal behavior has become pervasive is peaking just as the state confronts its worst financial crisis in years and needs strong leadership from its elected officials.

"It's really other-worldly, honestly," Senator Mark C. Montigny, a New Bedford Democrat, said of the current atmosphere on Beacon Hill. "What happens at a time like this is it reinforces the worst and the most cynical in politics. And the worst thing a politician can feel is that the public thinks everyone is on the take. Who knows how long we're going to be in the aftermath."

Lawmakers say they are being confronted by angry constituents in the waning days of their reelection campaigns. Top politicians have responded that Wilkerson's arrest by the FBI is based on the alleged actions of one rogue senator and that it does not reflect how Massachusetts politics really works.

But federal investigators have cast a wide net in the case, and some fear that Wilkerson could give up additional information to seek a lighter sentence. Mayor Thomas M. Menino, Maureen Feeney, City Council president, and Senate President Therese Murray have all received federal grand jury subpoenas in the Wilkerson case and have been referenced in one another's subpoenas - creating the appearance of a web of unseemly politicking that stretches from the State House to City Hall.

As one grand jury prepares for testimony in US District Court, DiMasi is under siege, with several ongoing investigations, including a state grand jury probe into more than $2 million in payments paid by a state computer software contractor to three of his close associates. One of the speaker's associates who received payments, his personal accountant, Richard Vitale, gave DiMasi a highly unusual third mortgage on his North End condominium.

"This has got to stop," Representative Cory Atkins, a Democrat from Concord, said of the overall atmosphere. "Voters hate it. Our greatest asset is our integrity, and if we blow that, we blow the democratic trust."

Governor Deval Patrick, who came to office vowing to change the culture, is now watching that culture career out of control. But even the self-professed reformer governor has taken his lumps, accused of using loopholes in state campaign laws to leverage jumbo contributions from lobbyists and businesses seeking favors from state government.

He also, like many prominent officeholders, endorsed Wilkerson in the Democratic primary despite her long list of previous legal problems, saying it was a matter of loyalty because of her early endorsement of his 2006 candidacy.

"I came to Beacon Hill to bring change," Patrick said Friday in announcing a special task force to propose ethics reforms. "We need ethics and lobbying reform, and we need it now."

The turmoil could not come at a worse time, with legislative leaders huddling with their lawyers behind closed doors, politically weakened and distracted when they need to be focused on closing the $1.4 billion budget gap created by the national financial crisis and dealing with chronic financial problems in transportation, healthcare, and education.

"It's certainly a very turbulent time for all of us," said Senator Steven C. Panagiotakos, chairman of Ways and Means, referencing both the state's budget problems and political climate. "There's a lot of uncertainty about what's tomorrow going to bring."

The top leaders of the Senate and House have been forced repeatedly to defend their reputations.

The Wilkerson arrest is testing Murray, who faces her first political crisis since being elected president in March 2007.

Murray was mentioned in an FBI affidavit as being present at a closed-door meeting with Wilkerson and other leaders to broker a deal for more liquor licenses in Boston - five of which, Wilkerson allegedly claimed in FBI tapes, were hers to control. Murray, who has publicly denied she was at that meeting, also received a subpoena last week and is prominently mentioned in subpoenas sent to other government offices, including one to the state's technology division demanding that her e-mails be preserved.

"I'm comfortable and confident that the integrity of the Senate - and my own integrity - will remain intact at the end of this ordeal," Murray said Thursday during a news conference, after she led the Senate to a unanimous vote calling on Wilkerson to resign and urging an ethics investigation that could lead to her expulsion.

DiMasi, meanwhile, has repeatedly asserted that he had nothing to do with the award of a flawed $13 million contract to Cognos ULC, the company responsible for hundreds of thousands of dollars in payments to his friends. He suggested, in an open letter to his colleagues this year, that a Cognos sales associate was dropping his name for political purposes without his knowledge.

Despite his repeated entreaties, the weakened DiMasi has been unable to quell organizing efforts within the House by two people vying to succeed him: Robert DeLeo, chairman of Ways and Means, and John H. Rogers, the majority leader.

But in an indication of how charged the atmosphere is, Rogers, too, is among those facing ethics allegations. He has been defending himself over an arrangement in which his campaign allegedly paid funds to a consultant who in turn made mortgage payments on a vacation home on Cape Cod owned by Rogers and his wife.

In still another controversy brewing, in Central Massachusetts, Robert P. Spellane, a Worcester Democrat and vice chairman of the committee that regulates banks, has been forced to explain how he was able to forgo a year's worth of payments on a $340,000 loan from a local bank with an executive who supports him politically.

And while the charges did not involve or conflict with his public duties, state Senator J. James Marzilli's bizarre arrest on charges that the Arlington Democrat sexually harassed and accosted four women in downtown Lowell has only heightened the image that Beacon Hill is sliding out of control. The Senate has not expelled Marzilli, although it referred his case to the Senate Ethics Commission. There has been no action in the four months since the referral. He is not running for reelection.

"It is a time of crisis," said Scott Harshbarger, former attorney general, who praised Patrick for announcing formation of a special ethics task force Friday. "That is a danger, but it also represents a great opportunity to make major reforms."

But the track record for past reform efforts is spotty.

Over the years, reformers have seen the political establishment cut the budgets and challenge many of the powers of the State Ethics Commission and the Office of Campaign and Political Finance. In the early 1990s there was a full-fledged assault on ethics laws as state lawmakers sought to limit the investigative powers of the Ethics Commission, including taking away its subpoena powers in preliminary inquiries and forcing it to reveal confidential informants.

DiMasi, who was House chairman of the Judiciary Committee at the time, challenged an Ethics Commission subpoena of his records, taking the case to the Supreme Judicial Court. The court ruled in favor of DiMasi, saying there was no legal basis to subpoena his documents after his name appeared in a lobbyist's records as taking more than $700 worth of meals, golfing fees, and entertainment expenses.

"Each time they took action over the next ten or twenty years, their powers were challenged and eroded," Harshbarger said. "This is a real opportunity to get back on track."

Most recently, reformers were dismayed when the Legislature in 2003 repealed a statewide referendum approving the Clean Elections Law, a sweeping measure designed to break the stranglehold that, reformers believe, special interests have on the electoral process.

It remains to be seen where, on the scale of past scandals, the current series of events will fall.

In the early 1960's, a special commission found fraud and payoffs in the state's construction of Boston Common's underground garage.

The State House was engulfed in scandal in the 1970's over bribes given to legislators by the contractor building the University of Massachusetts' Boston campus. The Senate majority leader, Joseph J.C. DiCarlo of Revere; a ranking Senate Republican leader, Ronald A. MacKenzie; and James A. Kelly Jr., the Senate Ways and Means chairman, all were convicted in federal court and sentenced to jail time.

In 1984, the House assistant majority leader, Vincent J. Piro of Somerville, allegedly took a $5,000 bribe, saying he had to "grease a few guys" to get him a special liquor license. His first trial ended in a hung jury. He was acquitted in a second trial.

"Each generation has had their scandals," said Jack Beatty, the historian and biographer of one of Boston's most famous rogues, James Michael Curley. "We will have a high-minded commission named after someone, and there will be resolves that Massachusetts will reform itself. But Massachusetts political culture being what it is, the infallible patterns will be repeated for the next generation."
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Matt Viser can be reached at maviser@globe.com.
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Mr. Deval Patrick, Governor of Massachusetts
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"Patrick plans task force on ethics: Bribery, corruption allegations on radar"
Worcester Telegram & Gazette News Online, Saturday, November 1, 2008
By John J. Monahan, jmonahan@telegram.com, (Worcester) TELEGRAM & GAZETTE STAFF

BOSTON— While the impact of state Sen. Dianne Wilkerson’s arrest this week on public corruption and bribery charges continues to reverberate on Beacon Hill, Gov. Deval L. Patrick yesterday announced he is calling for a new wave of reforms to the state’s ethics and lobbying rules.

The governor said numerous incidents of alleged ethical breaches have swirled around state government in recent months, culminating in this week’s arrest of Ms. Wilkerson following a lengthy federal probe into alleged bribes in exchange for action on a liquor license.

Mr. Patrick said he would name a task force to develop a package of reforms he will send to the Legislature in January, adding he hopes they will then be acted on within 30 days.

That could involve new restrictions on lobbying and possible elimination of requirements for legislative approvals for routine local government decisions such as award of new liquor licenses.

The governor also said he will seek tougher penalties for ethics violations and public corruption crimes, saying penalties in place now may be too weak.

Currently the maximum penalty for state ethics law violations by public officials is $2,000. While some criminal offenses for bribing public officials are misdemeanor offenses with a maximum $500 fine, others are felony offenses.

The governor said his decision to toughen ethics and lobbying laws stems from many headline stories in recent months, not just the case involving Ms. Wilkerson.

Recently controversy has swirled around reports of pension abuses by Boston firefighters and ethics investigations over reports House Speaker Salvatore F. DiMasi, D-Boston, gave favorable legislative treatment to a close friend during changes in ticket resale laws and helped direct a state software contract to a firm whose lobbyist is a top DiMasi donor.

Ethical questions have also surfaced recently over the appearances House Majority Leader John Rogers, D-Norwood, used campaign funds indirectly to help pay for purchase of a vacation home on Cape Cod. Mr. DiMasi and Mr. Rogers have denied wrongdoing.

Earlier in the day, Ms. Wilkerson announced she was withdrawing from a sticker campaign to win re-election, launched after she lost a primary battle for the Democrat nomination to challenger Sonia Chang-Diaz.

The Senate voted unanimously Thursday to ask that she resign from the Senate immediately, but Ms. Wilkerson said she would announce Wednesday whether she would resign or remain in her seat until her term expires in January.

Her withdrawal from Tuesday’s election follows other actions by the Senate Thursday that included stripping her of her chairmanship of the state Administration and Regulatory Oversight Committee and membership in four other Senate committees, and referral of the criminal allegations against her to the Senate Rules and Ethics Commission for a review that could result in a recommendation to expel her from the Senate.

In an outline of the reforms he is seeking, the governor pointed to the state home-rule structure dating from the 1960s that subjects many local decisions to legislative approval, from how cities and towns can tax and borrow, run local elections and regulate civic affairs. He said sponsors of those home-rule requests to the Legislature are forced to spend a great deal of time and political capital to get non-controversial local matters approved on Beacon Hill and that they are subject to being held up by lawmakers trying to gain support for other legislation in return for passage.

He said, as a recent example, a multimillion-dollar mixed-use development has been held up by a legislative standoff over a local liquor license.

The governor, who endorsed Ms. Wilkerson for re-election earlier this year, said he was “embarrassed” and “disappointed” now the allegations have surfaced she accepted $23,500 in bribes, actions which were allegedly photographed by the FBI.

The governor said incidents like that “imply a repeated and careless disregard for the public trust” that hurts the image of all public officials.

He said he would also look at the possible need for more open government laws. “I do believe some air needs to be let into this building, some light needs to be shone on our work,” the governor said.

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"Bearing the brunt of Citi's folly"
By Andrea F. Nuciforo Jr., The Berkshire Eagle, Op-Ed, Saturday, December 06, 2008
PITTSFIELD, Massachusetts

On Nov. 24, 2006, the day before Thanksgiving, shares in the international banking giant Citigroup closed at 50.31. Citi investors had reason to toast the holiday season. The company had paid tens of millions of dollars in dividends to shareholders, and Citi stock values were riding high on the strength of its retail and investment banking businesses.

But the holiday cheer did not last. Just two years later, on Nov. 21, 2008, Citi shares were trading at 3.77, having lost more than 90 percent of their value. One of the most sophisticated banking conglomerates on earth was facing insolvency.

What happened? Citi's management chose to make disastrous bets on mortgage- and consumer loan-related securities. Some of these securities, which Citi's balance sheet carried at a value of some $90 billion in 2006, were effectively worthless by 2008. In most cases, the revenue streams that supported these assets — the periodic loan payments made by millions of borrowers throughout the world — were drying up, making it impossible for Citi to find investors willing to buy these securities.

For many Citi customers, of course, Citi's distress was little cause for concern. The FDIC provides insurance to all US depositors up to $100,000. But the big guys — institutional investors, wealthy individual depositors, Citi executives and Citi's trading partners — had a lot to lose. Citi's shareholders, many of whom are corporate shareholders like insurance companies and hedge funds, began to recognize that their shares could become worthless. Corporate borrowers faced the possibility that Citi would not be able to originate new loans or continue its existing loan agreements.

That's when the Washington, with the blessing of President Bush, Treasury Secretary Paulson and a compliant Congress, stepped in. As reported by the Wall Street Journal and Marketwatch.com, here is what American taxpayers have agreed to do for Citi.

Citigroup and the government have identified a pool of $306 billion in troubled loan-related assets. Citigroup will absorb the first $29 billion in losses in that portfolio. After that, three government agencies — the Treasury Department, the Federal Reserve and the Federal Deposit Insurance Corp. — will take on almost all additional losses. The plan would essentially put the government in the position of insuring Citigroup's balance sheet. Taxpayers will be on the hook if Citigroup's massive portfolios of mortgage, credit cards, commercial real-estate and big corporate loans continue to sour.

In addition, the Treasury Department also will inject $20 billion of fresh capital into Citigroup. That comes on top of the $25 billion infusion that Citigroup recently received as part of the broader U.S. financial industry bailout. Think about this for a moment: having put up more than $45 billion in cash, American taxpayers could ultimately suffer an additional $270 billion in losses resulting from Citi's toxic investments. The treasury's largess in favor of Citi startled even the most jaded and self-interested people on Wall Street.

The government's rescue of Citi, while notable for its generosity, is more notable for its shortcomings. Simply put, the treasury's plan does not provide taxpayers with the ownership, management and security that they deserve as Citi's savior. Here are the top five requirements that the government should have imposed when agreeing to put the taxpayers at risk to save Citi.

* Taxpayers should have an ownership interest in Citi. Unlike any other recent investor, the government did not gain any meaningful ownership interest in Citi or its assets. If ownership is good enough for Alwaleed bin Talal, the wealthy Saudi Prince who obtained preferred shares in Citi in exchange for his $350 million investment last month, it should be good enough for the American taxpayer, who has $300 billion at risk.

* Taxpayers should obtain a collateral interest against Citi's assets. The government has obtained no collateral against any of Citi's real estate or securities. This leaves taxpayers vulnerable and unsecured should Citi fall into bankruptcy or insolvency. Whether by agreement with the treasury or by special legislation passed by the Congress, the taxpayers deserve this basic level of protection.

* Taxpayers deserve a vote in the Citi boardroom. Notwithstanding the huge government investment in Citi, taxpayers hold little sway within the company. In fact, the few Citi "shares" that taxpayers get provide no guaranteed dividend, and carry a "non-voting" designation. This should be corrected immediately, again by agreement or by special legislation.

* Taxpayers should demand new management. The government's most puzzling misstep is its failure to change Citi's executive ranks. The government did not demand a change in Citi's governing board, much less seats on the board, in exchange for the taxpayer bailout. Taxpayers, to say nothing of the investing public, deserve a fresh approach to Citi's problems, free from the myopia that brought Citi to the brink of insolvency.

* Citi must submit to strict and enforceable limitations on executive compensation. The public is understandably suspicious of huge government bailouts for financial titans. Such extraordinary moves can work only if the public trusts that they are necessary to preserve the American economy, and not geared to rewarding poor management. Thus, the government should exact substantial sacrifices from the executives that led Citi into its current crisis.

Citi has reason to give thanks this season because taxpayers stepped in to save the company from insolvency. Now that taxpayers bear the risks associated with Citi's continued operation, taxpayers deserve the protection and operational clout that comes from being Citi's saving grace.
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Andrea F. Nuciforo Jr. represented the Berkshire, Hampshire & Franklin district in the Massachusetts State Senate from 1997-2007, and served as chairman of the Legislature's Committee on Financial Services for eight years. He is currently Central Berkshire County registrar of deeds.
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The government's rescue of Citi, while notable for its generosity, is more notable for its shortcomings.

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12/6/2008

Andrea F Nuciforo II ("Luciforo") is one of the most CORRUPT state Pols EVER! When "Luciforo" was a Massachusetts State Senator, he chaired financial committees that regulated the same financial industries he was also working for as a private Attorney for a corporate law firm on Commercial Street in Boston. When the "ethics" commission forced "Luciforo" to step down from his State Senator post, he strong armed 2 woman candidates out of the Massachusetts Election for Middle Berkshire Register of Deeds, which The Boston Globe called his SINECURE. Weeks after taking that plum post, "Luciforo" lobbied State House Insiders to have Gov. Deval Patrick nominate him to the position of Massachusetts Commissioner of Insurance, which he was past over for. "Luciforo" is like the proverbial pot calling the kettle black by criticizing the federal bailouts, while he has raised over 6 figures in one year in campaign dollars from special interest Boston area financial institutions. "Luciforo" wants to run for US Congress so he can do the bidding of the same financial companies he is writing against in Pittsfield & Boston. I personally dislike "Luciforo" because he tried to jail me while at the same time filing multiple "ethics" complaints against my dad to ruin his career and our lives in the Spring of 1998. "Luciforo" has layered his bullying of me since May 1996, manipulated my life and family, and blacklisted me from being able to work in or around the Pittsfield area. "Luciforo" is the kind of politician who believes so long as he doesn't leave his finger prints or evidence behind, he can get away with his abuses of power. I strongly dislike ANDREA F NUCIFORO II!

- Jonathan Melle

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A BOSTON GLOBE EDITORIAL
"Winter of ethical discontent"
December 10, 2008

GOVERNOR PATRICK'S task force on public integrity was given a strict timetable - just eight weeks over a busy holiday period - to produce its final report. But the January deadline shouldn't serve as an excuse to sidestep tough issues, especially in this season of waning confidence in elected officials.

The 12-member task force is likely to recommend raising the paltry maximum fine of $2,000 now imposed on officials who violate the state's' conflict-of-interest law. Other easy-to-assemble recommendations, such as requiring lobbyists to wear name and affiliation badges while on duty in any public building, may surface. More controversial issues, including granting subpoena power to the secretary of state's office, are on the table. The need for such power became clear recently when Secretary of State William Galvin was blocked while attempting to follow a document trail left by three close associates of House Speaker Salvatore DiMasi. They have been accused by the state's inspector general of failing to report $1.8 million in lobbying fees.

The task force, which is scheduled to meet again today, needs to recommend bold actions that will inspire public confidence as well as address problems faced by administrators in the State Ethics Commission and Office of Campaign and Political Finance. Several states, including Connecticut, place outright bans on political contributions from lobbyists, or prohibit such contributions while lawmakers are in session. While hardly foolproof, it's the kind of message that needs to be heard on Beacon Hill.

The task force also needs to address the limited ability of state law enforcement officials to conduct electronic surveillance of public officials. State wiretap laws largely limit surreptitious one-party recordings to investigations involving organized crime. As a result, only federal agents can conduct the kind of photo surveillance that led to the recent arrests on bribery charges of former state senator Dianne Wilkerson and Boston City Councilor Chuck Turner. Task force members, including former attorney general Scott Harshbarger, need to give the public clear guidance on the question of expanded surveillance.

The task force also needs to give the public fresh ideas on how to prevent corruption. Clear-cut cases of bribery are rare. But what of the state representative who dials up a developer and requests that a certain favored attorney or subcontractor be used on a condo project? If the developer balks, neighborhood opposition to the project can suddenly escalate. And that can lead to delays and increases in the cost of doing business in Massachusetts.

It's hard to connect the dots. But the task force needs to do so, before the state's integrity index dips even lower.

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"MASSPIRG Interview with Andrea Nuciforo"
By Citizens for Nuciforo - POSTED: 6/11/2009

This interview was originally published in a winter 2006 newsletter.

Andrea F. Nuciforo, Jr., was elected to the Massachusetts Senate in 1996, and is serving his fifth term. Representing 48 cities and towns in the Berkshire, Hampshire and Franklin District, Sen. Nuciforo has worked to enhance elder services, promote economic development, strengthen public education and protect the environment.

Sen. Nuciforo serves as the Senate Chair of the Joint Committee on Financial Services. He is Vice Chair of the Elder Affairs Committee, and is also a member of the Higher Education, Consumer Protection, and Election Laws Committees.

As Senate Chair of the Financial Services Committee, you are charged with reviewing and acting on various auto insurance proposals. What are some of the reforms you think the Legislature could adopt to make auto insurance work better for consumers?

I believe we can make our auto insurance market more competitive without sacrificing important consumer protections. We need legislation that fights fraud and theft, and reduces the high incidence of traffic accidents in the commonwealth.

We must also fix the so-called residual market (i.e. the place where high-risk drivers get auto insurance) so that all of the auto insurance companies share losses in an equitable way. I do not believe that Massachusetts law should allow insurers to set rates using criteria such as credit history, occupation, marital status and education level.

I’m sure you’re hearing about high energy prices from your constituents. What are you advising them to do to deal with this problem?

In response [to my constituents], I have supported, and the Massachusetts Legislature has passed, a bill providing tax credits and tax deductions to those meeting eligibility requirements—the Home Energy Assistance and Tax Relief Act.

This, along with state and federal programs, such as Citizen Energy Oil and Low Income Home Energy Assistance Program (LIHEAP), will provide temporary relief to those most affected by high costs.

However, this energy crisis calls each of us to re-evaluate how we consume energy. An energy audit can be helpful in recommending improvements that will conserve energy resources and help create a home environment that is efficient. Collectively, each person’s conservation efforts will go a long way to help control energy costs.

And with the Bush administration pushing for policies that favor big, polluting, profitable energy companies, what can the Commonwealth do to get on the track toward a cleaner energy future?

When the Bush administration proposes giving away $7 billion in royalties to the oil and gas industries, as they did in February, we had better take it upon ourselves to address clean energy solutions. Frankly, we missed an opportunity earlier this year when the governor opted out of the Regional Greenhouse Gas Initiative.

Moving forward, we always need to be focused on conservation efforts and should instill this upon our children through educational outreach. We also need to actively engage efficiency programs, as we did recently in the Legislature by passing energy efficiency standards and tax credits, promoting green building design, and instituting a $1 million Fuel Cell Initiative.

Identifying new sources of clean energy is truly a unique opportunity for the United States, and Massachusetts is well positioned to lead that effort.

What are the issues that top your agenda right now at the Statehouse?

I’ve been working closely with my colleagues to provide meaningful health care coverage for all residents of the Commonwealth. I am also focused on securing additional resources for the Brownfield Redevelopment Fund, which has been extremely successful at reviving contaminated sites in cites and towns across Massachusetts. I have also authored a bill to require the state pension fund to divest its holdings from companies that do business with the Sudan. And, as mentioned, I look forward to addressing many of the shortcomings of the auto insurance situation.

What role do groups like MASSPIRG play in the debates about clean energy and consumer protection?

MASSPIRG continues to play an active role in keeping the legislative spotlight on key environmental and consumer issues. My staff and I interact frequently with representatives from MASSPIRG, who provide us with fair and accurate information, which I very much appreciate. The organization has also had tremendous success at mobilizing support on the grassroots level. Like my colleagues, it’s critical to hear from my constituents about their positions on the issues.

Source: http://nuciforo.com/wpafn/news/masspirg-interview-with-andrea-nuciforo/

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Joseph G. Murphy
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"Governor Deval Patrick taps new Massachusetts insurance commissioner"
Boston.com - AP - February 8, 2010

BOSTON --Gov. Deval Patrick has named Joseph Murphy the state's new Commissioner of Division of Insurance.

Murphy has been serving as acting commissioner since last September, following the departure of former Commissioner Nonnie Burnes.

Patrick said Murphy will have plenty on his plate including overseeing the state's ongoing managed competition for auto insurance. The governor said the new system has attracted 11 new companies to the state and lowered costs for good drivers.

Murphy has also been investigating the possibility of creating group purchasing cooperatives to help bring down the cost of health care premiums.

Murphy is scheduled to deliver a report on the proposal with recommendations to Patrick by the end of the month.
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www.boston.com/news/local/massachusetts/articles/2010/02/08/gov_patrick_taps_new_mass_insurance_commissioner/?comments=all
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As of January 25, 2015 -

Nuciforo Law Group LLC

One International Place, Suite 1400
Boston, MA, 02110-2602
Phone: (617) 535-7220
Email: anuciforo@nuciforo.com

Contact: Andrea Nuciforo
Contact Title: Of Counsel

Primary Services: Legal Services
Additional Services: Management/Consulting

Source: http://www.maseniorcare.org/PreferredVendorsDetails.aspx?id=abe87ffb-21e1-47fc-9148-1d6bdf9b73b8

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As of January 30, 2015 -

www.nuciforo.com

BOSTON

Nuciforo Law Group LLC
One International Place, Suite 1400
Boston, MA 02110
Phone: (617) 535-7720
info@nuciforo.com

PITTSFIELD

Nuciforo Law Group LLC
100 North Street, Suite 405
Pittsfield, MA 01201
Phone: (413) 553-5515
Fax: (617) 535-7755

Front page:

Nuciforo Law Group was founded by Andrea F. Nuciforo Jr., a lawyer and former Massachusetts State Senator. NLG works collaboratively with our clients to deliver maximum impact in a cost-effective manner. Our capabilities straddle the private and public sectors, and we communicate with our clients on a frequent and personal basis. NLG has expertise in multiple disciplines, including healthcare, finance, commercial real estate, licensing and public affairs.

Many of our clients are disruptive—they create opportunities, they change business practices, they build things of value. Our skills and relationships allow these clients to succeed in challenging environments where others have failed.

Page two:

Who We Are:


Andrea F. Nuciforo Jr., Esq.

Andrea F. Nuciforo Jr. is the founder of NLG. He represents clients in connection with health care, commercial real estate, corporate, financial services and other matters.

From 1997 until 2007, Andrea served in the Massachusetts State Senate, representing the Berkshire region. Over the course of that ten-year period, he served as chair of the Committee on Financial Services and the Committee on Banks & Banking. He also served as a member of the budget-writing Senate Ways & Means Committee, in addition to other committees. While chair of Financial Services, Nuciforo developed a working knowledge of some of Massachusetts’ most heavily-regulated industries, including mortgage lending, health care, state-chartered banks and auto insurance.

A native of Pittsfield, Nuciforo graduated from the University of Massachusetts-Amherst (B.A. 1986), the Boston University School of Law (J.D. 1989), and the Stern School of Business at New York University (M.B.A. 2010). He served as a law clerk to Chief Judge Frank H. Freedman of the United State District Court, District of Massachusetts, from 1989 to 1992.

A member of the bar in New York (1992) and Massachusetts (1989), Nuciforo has worked with a number of law and consulting firms in Boston and the Berkshires. He is active in several non-profit organizations, including the Boston University School of Law Executive Committee and the Berkshire Theater Group. He and his wife Elena have two sons, Eric and Maxim.


Colin J. Caffrey, Esq.

Colin J. Caffrey began practicing law in 2010. A Berkshire county resident, he has advised clients in complex criminal and civil cases in trial courts of Massachusetts. His practice focuses on criminal law and procedure, including motion practice and trial in criminal prosecutions. He has also developed an expertise in legal research and writing in connection with criminal appeals, and represents a number of clients before the Massachusetts Appeals Court.

A graduate of Boston College (B.A. 2005) and the Albany Law School (J.D. 2008), Colin has published several articles on race, social justice, and criminal procedure. He has been active in local government, having served by mayoral appointment on a number of municipal committees within the city of Pittsfield. Colin has a passion for politics, and has worked or volunteered for the League of Conservation Voters, the John Edwards for President Campaign, the Suffolk County District Attorney’s Office and the New York State Department of Transportation. He is a member of the bar in Massachusetts and New York.

Colin is a winter sports enthusiast and an avid runner.


Julia Germaine

Julia Germaine oversees client relationships and business development from NLG’s Pittsfield office. Her core expertise lies in start-up business operations, and she has developed proficiencies in multiple industries including manufacturing, IT, medical and energy R&D, and non-profits.

In past positions, Julia has leveraged advanced communication skills to serve as an effective liaison between experts and the public. She and her family founded the non-profit Manna Wellness, Inc., in 2013 to pursue state licensure to operate a dispensary in Pittsfield, earning the highest score of Berkshire County’s five applicants. Germaine wrote and administered Manna’s application to Mass. DPH. Her previous experience includes sourcing, editing and contributing to government RFPs at the federal level.

Julia holds a B.A. in Biology (Colby College, 2007) and a M.F.A. in Creative Writing (University of Pittsburgh, 2010). A native of Marshfield, Mass., her family has roots in Becket. She and her husband Nial live in Pittsfield.

Page three:

Who We Represent

We mean business. Our clients include small and large businesses, closely-held corporations and a variety of individual business owners. Many of our clients operate in heavily-regulated environments, such as health care and financial services, or before municipal and state licensing authorities.

* Family-owned businesses
* Banks and non-bank lenders
* Nursing homes
* Assisted living facilities
* Independent living facilities
* Private physician practices
* Health care providers
* Commercial real estate companies
* Real estate builders and managers

Page four:

What We Do

Nuciforo Law Group represents and advises clients through advanced written and verbal communication. We maintain a physical presence in the corporate, legislative, administrative and judicial forums where decisions are made. NLG specializes in turnkey solutions to complex business problems.

Business

* Health Care
- Skilled nursing
- Assisted living
- Independent living
* Physician practice representation
* Real estate acquisition and development
* Commercial real estate
* Business transactions
* Corporate law

Government Affairs

* Health Care Finance and Public Policy
* Financial Services

Permitting and Compliance

* State and municipal licensing
* Representation before the Massachusetts Alcoholic Beverages Control Commission
* Representation before the Massachusetts Division of Professional Licensure
* Zoning, real estate and land use

Litigation

* Commercial litigation
* Employment litigation

Page five:

Success Stories

Acquisition of Long Term Care Facility

Disciplines: Health Care; Finance; Community Relations

NLG represented a privately-held Massachusetts health care provider in connection with the acquisition of a long term care facility and related assets. The client tried unsuccessfully for several years to buy the facility, which was operated by a competitor. The client retained NLG to achieve a successful purchase. After examining the competitor’s financial statements and capital structure from public filings and internal documents, NLG identified the bondholders that held a note and mortgage against the facility. NLG negotiated a purchase of the note and mortgage at a steep discount, thereby securing the client’s position as holder of a senior security interest against the facility.

The client agreed to pay $4.5 million in exchange for $17.5 million in Massachusetts tax-free municipal bond debt. NLG led the negotiation both on price and structure, and worked directly with counsel for the client to negotiate and execute the contract documents. After acquisition, NLG responded to media inquiries, handled client communications relative to employment and community matters, and interfaced with subordinate accounts payable.

Achievement of License to Provide Nurse Education and Training

Disciplines: Education; Health Care; Licensing

NLG represented a private, proprietary occupational school headquartered in New York. The company maintains three New York campuses and one Massachusetts campus. The client retained NLG to achieve state approval for a program in Licensed Practical Nursing. The client had an application pending for more than a year, but was unable to advance the application or satisfy regulatory requirements.

NLG analyzed the applicable regulations, worked with campus staff to build a new application. Working with campus staff and inside counsel, NLG assured the client’s full regulatory compliance. NLG studied the financial aspects of the program to understand how and when the client would have to commit capital. After numerous interactions with the appropriate licensing authorities, the client achieved the requisite approvals. This success has allowed the client to build its curriculum, hire program administrators and faculty, and enroll students.

Securing of Managed Care Contract

Disciplines: Managed Care; Contract Administration

Our client, a provider of skilled nursing and assisted living services in Massachusetts, required assistance in achieving “contract status” with a regional Managed Care Plan (“MCP”). The achievement of such status would allow the client to grow revenue by attracting patients insured by the MCP.

NLG met with several members of the client senior executive team, and learned the financial impacts of contract. By reviewing public and internal documentation and financial statements, NLG analyzed how the client’s capabilities were superior to other contracted providers in the region. NLG then prepared a written application to demonstrate those capabilities to the MCP. Using NLG relationships internal and external to the MCP, the application was successful, the client achieved a favorable “contract status,” and the client increased its revenue.

Modification of Massachusetts Liquor License

Disciplines: Regulatory Compliance; Municipal Law; Licensing

Our retailer client held a Massachusetts liquor license for many years. After a comprehensive review of its retail strategy, the client determined that it needed a new physical and retail environment to retain and attract customers.

NLG met with client executives and retail staff. We prepared an application to the host municipality and to Massachusetts ABCC, in which we reflected the client’s objectives in writing and with supporting visual materials. We advanced the client’s interests in both municipal and state licensing forums, and completed the assignment on schedule and under budget.

Page six:

Blog

Coming soon!

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February 18, 2015

Re: Nuciforo is not funny, but Luciforo is the joke

I drove around a cop nearly 8 years ago. Luciforo lost his campaign for U.S. Congress by 40 points about 2.5 years ago. Nuciforo is suing the Commonwealth of Massachusetts in Suffolk (Boston) Superior Court because he was denied a permit to sell medical marijuana. Nuciforo is busy representing Boston area financial corporations he networked with while he was a State Senator a decade ago. Nuciforo has law offices in both Pittsfield and Boston - both ends of Massachusetts. Nuciforo is failed politician and a corrupt lawyer. The joke is on Nuciforo! Or, better yet, Luciforo is the joke!

- Jonathan Melle

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Letter: “Progressive taxation will address state's needs”
The Berkshire Eagle, April 3, 2017

To the editor:

In its March 28 editorial, the Eagle claimed that Massachusetts has struck a "balance on taxes that it should be cautious about tinkering with." Citing a study by Grover Norquist's Americans for Tax Reform, the editors viewed with some skepticism a proposed ballot initiative that would impose a 4 percent surtax on annual household income over $1 million. The reason: It would unfairly penalize small businesses.

If The Eagle's editorial board had done a bit more research it might have encountered a number of differing opinions on this topic from small business owners in Massachusetts and around the country. A recent poll conducted by the American Sustainable Business Council and the Main Street Alliance, for instance, demonstrates that small business owners increasingly view abusive tax evasion practices by multinational corporations and private equity firms as among the greatest threats to their competitiveness. By a margin of more than 2-to-1, small business owners preferred closing tax loopholes to cutting government programs.

Massachusetts is among the richest states in the union. In 2015, Massachusetts' GDP per capita was more than $68,000 according to the Bureau of Economic Analysis, which puts us in the same tier as rich nations such as Norway. We also have the second-largest concentration of venture capital and private equity investment activity in the country after California. Unlike Norway, however, our infrastructure is crumbling, and our public services are under relentless assault by politicians and civic leaders who are constantly telling us to make do with less.

As the citizens of Berkshire County agonize over sharing town services, closing schools and hospitals, and freezing or cutting civil servants' salaries, the wealthiest among us in Massachusetts have never had it better. The 5.1 percent flat income tax is a textbook instance of regressive taxation that punishes the poor, working, and middle classes in favor of the rich.

The austerity we've been told is the "new normal" — by civic leaders, politicians and, now, seemingly, The Eagle's editorial board — is nothing more than a policy choice that's been made by the most powerful and wealthiest citizens of the commonwealth. There's more than enough to go around in Massachusetts, but we need to get serious about public investment, and that starts with progressive taxation. The 4 percent surtax on those earning $1 million a year is a great place to start.

Steve Dew,
Williamstown

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“Insurance salesman accused of preying on seniors for profit”
Greenfield Recorder, State & Region Briefs, December 18, 2019

Boston — Authorities say an insurance salesman illegally made millions of dollars by persuading seniors to withdraw from their savings so they could buy insurance policies through his company.

Ryan Skinner has been charged with acting as an unregistered investment adviser, according to a Wednesday announcement from Secretary of State William Galvin.

Skinner, who is president of Summit Financial Partners in Woburn, Massachusetts, denies the allegations. An attorney representing him says Skinner stands by his work.

“Once the facts come to light, it will be clear that Ryan has worked in the best interests of his clients, and has helped his clients achieve proper insurance planning under stringent ethical standards,” attorney Andrea Nuciforo said in a statement.

Authorities say Skinner advertised himself as a “retirement specialist” and promised to provide personalized financial advice and planning services. Instead, he sold dozens of clients the same fixed annuity policy and took a 7% commission, according to a complaint filed by Galvin’s office.

Skinner and his company are accused of making more than $4 million through the scheme. The complaint says he offered seniors free lunches where he advised them to draw from their savings so he could help maximize their retirement plans. In some cases, Skinner advised clients to invest their entire life savings in his company, investigators found.

Investors complained that they had to pay costs that had not been disclosed by Skinner’s company, and that he stopped answering calls when they asked about it. He’s accused of selling the same annuity to 128 clients.

Galvin’s office is asking Skinner to give up all profits from the scheme and to provide restitution for investors’ losses.

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December 20, 2019

Dear Sec. Bill Galvin,

I read the news article, [above]. I hope you win your case and the insurance salesman who allegedly scammed seniors out of their savings, who is represented by Nuciforo, pays back the seniors he allegedly scammed.

Please jail Nuciforo! He has been linked to Boston area Insurance companies since 1999 - for over 20 years now.

I have documented Nuciforo's political and legal dealings with Boston area Insurance companies on my blog page:

https://jonathanmelleonpolitics.blogspot.com/2008/01/andrea-nuciforos-corruption-insurance.html

Happy Holidays!

Jonathan A. Melle

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