Gotham founding partner and political strategist, Brad Gerstman gives his take on President Obama’s State of the Union address.

Gotham’s Brad Gerstman talks about the President’s State of the Union speech on WOR’s Rita Cosby Show

Gotham’s David Schwartz lends his expertise amidst new developments in the case of Kennedy cousin Michael Skakel, convicted of murdering Martha Moxley in 1975.

Gotham’s David Schwartz on NBC’s Today, gives legal analysis in the case of Barbara Sheehan, acquitted of murdering her abusive husband yet convicted of weapons charges.

View more of David’s legal analysis at the Schwartz Defense website.

‘Frankie the Fraudster’ to Thank New York Trial Lawyers, et al Throughout 2012

New York, Jan.17…A nefarious – and pointedly obnoxious – cartoon character called “Frankie the Fraudster” was today named a 2012 spokesman for New Yorkers Stand Against Insurance Fraud (NYSAIF), an organization of drivers fighting rampant auto insurance fraud in the Empire State. The so-called “Fraud Tax” has cost New Yorkers more than $1 billion in higher auto premiums over the past five years. Drivers here pay 53% more for auto insurance on average than other Americans.

“Frankie the Fraudster” personifies the thousands of criminals at work every day, crashing into innocent drivers and running up fraudulent medical bills as a way to scam New York’s loophole-ridden “No Fault Insurance” system. Recent surveillance video of “Frankie the Fraudster” is available here.

Legislation to crack down on organized criminal enterprises scamming New York’s no-fault system has widespread support, especially among law enforcement authorities. Each of the five New York City district attorneys supports legislation in Albany to address auto insurance scams, but the bills never make it to the floor, thanks largely to the efforts of the New York Trial Lawyer Association which actively works to block them each year. The New York Trial Lawyer Association has repeatedly refused to provide estimates on how much its members have profited from New York’s broken system.

“This is a real honor,” Frankie the Fraudster said of his appointment. “After working in the shadows ripping off New Yorkers for years, I am finally getting my moment in the sun. I can’t wait to wrap my arms around the first New York Trial lawyer I see and never let go. I may just about have a heart attack when I begin attending their events!”

NYSAIF also announced that it will roll out a full-sized “Frankie the Fraudster” character who will visit the hallways of Albany throughout the year and visit as many New York State Trial Lawyer Association events as possible to thank its members for keeping New York’s laws weak.

“NYSAIF created this character to draw public attention to one of the greatest criminal rip-offs in New York State history,” said NYSAIF counsel and former Brooklyn Assistant District Attorney David Schwartz. “Frankie the Fraudster may elicit some smiles, but at the end of the day, there is nothing funny about the Fraud Tax in New York. We will continue to urge the New York Trial Lawyers Association –through all means at our disposal – to join with us in finding a workable solution to the auto insurance crisis in our state.”

The latest high-profile insurance scam involved bogus anti-Semitic attacks on Midwood, Brooklyn automobiles.

Download the Press Release

Press Contact: Bill O’Reilly, 212-396-9117

From Long Island Business News:

Brad Gerstman, founding partner of Gotham Government Relations & Communications, a Roslyn-based lobbying/consulting shop, released a statement he’s pulling the plug on an exploratory committee for a run for political office.

But here’s where it gets peculiar. Gerstman formed the exploratory committee last April “for a potential run for office – which office, at that time, had not been, and still was not, determined.”

Talk about a man who feels the need to speak out on the issues – uh, or issues that have not been determined.

One reason to bail according to Gerstman, was that “the growth and expansion of my firm … is exciting and I am completely focused on serving our clients at this point.”

Sort of like Mitt Romney saying he’s not a career politician but a businessman because he lost an election and had to get a job.

But Gerstman’s explorations were fruitful, to the tune of collecting $500,000 in seven months. He can now use that money to fund other candidates.

If you can’t be king, be the kingmaker.

Read more from Long Island Business News…

Gotham’s David Schwartz talks to WABC-TV about the dangers of New York’s illegal apartment trade.

Gotham’s Joe Conte contributes the following to The Hockey Independent:

The Islanders are not done in Nassau County; in fact, the failure of the bond referendum has placed a new emphasis on privately developing the Hub. Our role as fans and supporters of development should now be to change the conversation on what should be done to revitalize the Hub and keep the Islanders in Nassau County. Some of the best and brightest minds are now developing plans for the Hub, so the question now becomes, how do we best utilize the land and keep the Islanders in Nassau County.

To do this, the four main players who will ultimately determine a) what becomes of the Hub and b) if the Islanders remain there, must work together and execute a well constructed plan. Nassau County, Charles Wang, a yet to be determined developer, and our beloved Town of Hempstead have important roles to play; ones that if they truly embrace will allow them to come out on top and really get Nassau County back on the right foot.

The county has the most important role to play since it owns the land, the Coliseum and is the government entity that decides who gets to develop. Despite their outsized role, there is really only one critical decision they have to make to ensure the project is done right; and that is to issue a request for qualifications (RFQ). I repeat an RFQ, not a request for proposals (RFP), it is imperative and here’s why.

If the county were to issue an RFP, there would be limited flexibility to the project and to conform to the Town of Hempstead’s zoning regulations (see what happened to the Lighthouse project). We have been down this road before, and to paraphrase Albert Einstein “the definition of insanity is doing the same thing over and over again and expecting a different result.”

An RFQ is a game changer. RFQ’s allow for flexibility and for the final development to be created through an evolving process that gives a voice to all parties, which is essential for building political support. As we learned from the Lighthouse project, all the public support in the world for a project does not mean it will be approved; support must come from all governmental and non-governmental entities in order for the project to truly be revolutionary.

The days of a developer cramming a project down a community’s throat are over. The new and more successful development strategy involves the community from stage one of the planning process. Using a crowd-sourcing platform, developers can now directly engage local communities. Residents can then give input into the design, feel and composition of the project. By including the local residents in the planning phase it gives them a sense of ownership in the project. Public ownership of the project increases those whole feel a vested interest in seeing the project completed, and; those people more likely to apply pressure on their representatives to make sure something gets done.

Once the county sets the stage with the RFQ, the onus falls on Wang to ensure the Islanders are a part of whatever plan is ultimately conceived from our RFQ process. Working as a partner of a development team is something he must do. It is the only way he keeps the Islanders on Long Island and cements his legacy through development of the Hub.

Wang should be done sticking his neck out when it comes to developing the Hub. Twice politicians from both sides of the aisle have now burned him, so it stands to reason that he would not even want to be the lead on the new proposal (I have no idea if he does or not). So what he should be doing is holding meetings with all parties who will be submitting qualifications to the RFQ.

All Wang needs is a seat at the table, which would allow him a level of influence; he needs to give up on the idea of complete control. More importantly, it allows for a more experienced team to navigate the project from start to finish. Wang has not proven himself to be a successful developer. Despite his failures, it does not mean he is not the same successful businessman who put forward the most ambitious plan this Island has ever. Developing is hard because dealing with government is hard. Politics is finicky; politicians are interested in their own survival. It’s time for him to let professional, experience developers come in, and do all the hard work. Then, he can take the credit for keeping the Islanders here and putting together the team that got it done.

The development team that ultimately wins the RFQ must be innovative, flexible and have experience in engaging in both the bottom up, community crowd sourcing approach, while at the same time have the experience in lining up political support from the elected officials. This is no easy undertaking, but there are successful developers out there with the track record to get it done. Wang must be open and willing to work with them.

I know every major developer and development team is circling the Hub like a pack of vultures, looking to sink their teeth into most valuable underdeveloped land in the county. That’s fine and encouraged; no idea should be turned away. But at the same time, we are only going to get one shot to revitalize the Hub, which means the project needs to be cutting edge. If you narrow your qualifications to a developer who fits that profile, your options of which developer you want winning the RFQ become a lot more limited. I do not need to stress how important development of the Hub is to Nassau County, you all already know this, so we must work to ensure we are having the right conversation about what we ultimately want to see done at the Hub; one that comes with the blessing of all the government localities.

Which brings us to the Town of Hempstead, who will determine whether the project maximizes its potential. Moving forward we all must give the Town a clean slate, and I say this as one of the most vocal critics of their actions in the past. Let bygones be bygones and encourage everyone to work together. Long Island’s future is too important to allow past grievances from standing in the way of progress.

The Town must take a proactive role in this process, something that they did not do last time. This requires constant communications with the development team that wins the RFQ, so they can let their concerns and desires be known. While it is easy to demonize them for their actions with the Lighthouse project, they did raise legitimate concerns, such as who would pay for the infrastructure upgrades.

The consciousness and conversation about development is changing on Long Island and our leaders in the Town are not too ignorant to realize that. The Town just wants their say, which they had zero of last time. As long as they are engaged from day one, are given a feeling of ownership in the project, they will come on board. If this is done right, there will be too much pressure on them not to be.

Despite the doom and gloom forecasts for Long Island and the Islanders, there is no need to throw in the towel just yet. There still remain four years on the lease and a hopefully the feeling of urgency gets the ball rolling. Islander fans and residents of Nassau who support the type of development that would revitalize our local economy need to continue to stand together. The referendum was voted down not because of an anti-Islander or anti-development agenda. In fact, we have a lot more allies in this fight then we may think.

Read more at The Hockey Independent

A drug sniffing police dog catches a whiff of drugs from outside a house. Do the police have probable cause for a search? Gotham’s David Schwartz debates the issue on Fox News Channel:

From Capital Tonight:

Redistricting has claimed its first victim: Brad Gerstman has disbanded his exploratory committee due to a lack of “compelling opportunities” available for him at this time.

Read more from Capital Tonight…