BUFFALO, NY-- Former New York State Senator Marc Panepinto has pleaded guilty to a corruption charge for an incident involving a female employee.
Panepinto admitted to promise of employment, compensation, or other benefit for political activity. He could face one year in prison and/or a $100,000 fine.
Investigators say Panepinto and a female staffer traveled to New York City on January 7, 2016 to attend a fundraiser for Panepinto. Following the event, Panepinto suggested to the staffer that they count the money from the fundraiser in her hotel room.
While in the room, investigators say Pantepinto made several unwanted sexual advances, both verbal and physical, towards the female staff member. She refused and asked that Panepinto leave her room. Panepinto did leave her room, but tried to get back into her room later that evening.
According to the plea agreement, while in the hotel room after telling her she might be promoted in his next term, Panepinto "laid his head on the Staff Member's lap..." and "pulled the Staff Member's feet towards his face and told the Staff Member her feet smelled "sexy.""
At 1:46 a.m. Panepinto texted the woman "I'm wide awake" and "Not tired at all." She didn't respond.
Once she returned back to Buffalo, the staff member resigned her position from Panepinto's district office, prompting an investigation by the New York State Senate. The investigation was then referred to the New York State Joint Commission on Public Ethics (JCOPE).
“While the defendant’s behavior in the hotel room was bad, his efforts to cover-up that behavior constituted a federal crime,” stated James P. Kennedy, Jr. in a released statement. “In behaving as he did, the defendant not only abused the trust of a young female staffer over whom he held a position of authority, but he also betrayed the trust of those he was elected to serve. Today’s plea makes clear that this Office will not allow elected officials who abuse their position for personal gain to escape justice.”
The U.S. Attorney's office in WNY said Panepinto was worried that the JCOPE investigation would hurt his 2016 campaign for re-election and directed another staff member to meet with the woman in March of 2016 and offer her money and/or a job if she refused to participate in the JCOPE investigation.
The female staffer did not accept or refuse the offer and did not agree to a follow up meeting. Panepinto announced he would not seek re-election to the NYS Senate on March 15, 2016.
“Today, Marc Panepinto admitted he directed a senior staff member to promise a financial payment or new employment to another Panepinto staffer if she would refuse to participate in a New York State Joint Commission on Public Ethics investigation,” said Gary Loeffert, Special Agent-in-Charge of the FBI's Buffalo office. “Panepinto's admitted criminal misconduct -- behavior that he engaged in while he served in public office -- epitomizes why public corruption at all levels is the FBI’s top criminal investigative priority.”
At a March 2016 press conference announcing his re-election decision, Panepinto was asked by a WGRZ-TV reporter whether he was under investigation by the Senate ethics committee or any other body.
"No," Panepinto said. "There's a personnel matter which is confidential which I can't discuss, but there is presently no ethics investigation."
Herb Greenman, Panepinto's attorney, claimed Thursday that Panepinto wasn't lying at the time.
"He did not lie," Greenman said in an email.
"There was no referral to any agency at the time of his announcement."
Panepinto issued this statement:
So that everyone impacted by my actions may hopefully move on, I agreed with the US Attorney’s office to enter into a plea agreement. I certainly understand that my actions were not appropriate and that they had hurtful consequences. For that, I am truly sorry. The love and support of my family over the last two years has allowed me to navigate through this difficult time.
Panepinto will be sentenced at a later date.
(Jon Campbell, Gannett Albany contributed to this article)