Kirsten Gillibrand Research Report
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KIRSTEN GILLIBRAND RESEARCH REPORT DECEMBER, 2005 TABLE OF CONTENTS METHODOLOGY…………………………………………………………………………………………………..PAGE 3 EXECUTIVE SUMMARY……………………………………………………………………………………….PAGE 4 BIOGRAPHY AND TIMELINE……………………………………………………………………………….PAGE 5 KIRSTEN GILLIBRAND’S CLIENTS…………………………………………………………………….PAGE 7 PROBLEMATIC LAW FIRM CLIENTS………………………………………………………………...PAGE 13 LAW FIRM’S PRO-BONO WORK…………………………………………………………………PAGE 20 FAMILY VULNERABILITIES…………………………………………………………………………........PAGE 22 LATEST CAMPAIGN NEWS………………………………………………………………………………Page 26 PERSONAL & PROFESSIONAL INFORMATION………………………………………………..Page 28 Family Information Relevant Work History Boards, Associations, Awards & Memberships Licenses Voter Registration Information Personal Finances CAMPAIGN FINANCE INFORMATION………………………………………………………………...Page 32 New York City Campaign Contributions New York State Campaign Contributions Federal Campaign Contributions RELEVANT PROPERTY INFORMATION…………………………………………………………….Page 39 14 Devon Road, Larchmont, New York 358 Mt Merino Rd, Hudson, New York 2 METHODOLOGY The following report presents an analysis of the record of Kirsten Gillibrand. This book includes details of her career, as well as information regarding her personal and professional interests. The executive summary outlines main themes and research highlights of the report. The main body of the document is divided into sections that provide further explanation of the key issues presented in the executive summary as well as other relevant information. Specific areas of research include online searches, on the ground research collection in New York City Hudson and Albany New York, and extensive Lexis Nexis. Note: Significant effort has been made to ensure the accuracy of this report. Before using this material, please be certain to understand the facts and nuances within the information presented and always double-check the facts to verify your claims. 3 EXECUTIVE SUMMARY Born and raised in New York, Kirsten Gillibrand earned an undergraduate degree from Dartmouth University, a Jurist Doctor from the University of Southern California in 1991 and served as a law clerk on the Second Circuit Court of Appeals. Following law school she joined the firm of Davis Polk & Wardell where she worked as an associate for 9 years. After a stint at the Department of Housing and Urban Development she joined the Boies, Schiller & Flexner as a partner in 2001. A product of a political family, Kirsten comes from a long line of major figures in Albany politics. Her grandmother Polly Noonan was the colorful and longtime companion of Albany's legendary mayor Erastus Corning, and a political force in her own right. Gillibrand's father, Douglas Rutnik, is a lawyer and powerful Democratic lobbyist. Her mother, Polly Rutnik is also a major figure in Albany politics. Gillibrand lives in Hudson, New York with her husband Jonathan and son Theodore. Due to her young age and the fact that she has no voting record on issues any attack on Gillibrand will likely focus on one of three things; her family and commitment to the region, her law firm work or something she or her campaign says or does in the course of the election. Kirsten's family could cause her some political headaches. While her relatives have endured individual problems outlined below, the most likely attack she will face is that she is a product of Albany's political machine. The more voters learn about Kirsten family, the more they may not believe that she is a true political outsider, as she claims. And despite her family’s long ties to the region, Kirsten has spent most of her life living in New York City and Westchester County and only moved into the district two years ago – one can assume in preparation for a run to Congress. "When has she ever been interested in our issues?" voters will be coaxed to ask Gillibrand's law firm work is the richest vein of attacks. The two firms she is associated with, Boies, Schiller & Flexner, and Davis, Polk & Wardell have represented a number of clients that represent political liabilities. While Kirsten’s name does not appear on many dockets, her law firm's client rosters include big tobacco, oil companies, and a number of white-collar criminals. With no legislative record for her opponents to criticize, Kirsten's work, and the work of the firms that have employed her, will be scrutinized for contradictions. When she discusses environmental stewardship, they will bring up her firm's work for some of the worst environmental offenders such as Exxon Mobil and DuPont. When she talks about health care and wellness, they will point to her firm's work for large pharmaceutical and tobacco companies, Philip Morris and RJ Reynolds. Should she discuss retirement security or corporate responsibility, they will bring up the work her firm did for notorious white-collar criminals such as executives of Tyco and Adelphia Communications. 4 BIOGRAPHY AND TIMELINE 12/9/1966: Kirsten Elizabeth Rutnik Born 9/1984: Enrolled in Dartmouth University 6/1986-8/1986: Attended Beijing Normal University, China 9/1986-12/1986: Attended Tunghai University through University of Massachusetts, Taiwan China 8/1988: Enrolled in University of California, Los Angeles 5/1989-8/1989: Shea and Gold, Summer Associate, New York, NY 5/1990-7/1990: Davis, Polk & Wardell, Summer Associate, New York, NY 7/1990-8/1990: Interned for US Attorney’s Office for the Southern District of NY, New York, NY 9/1990-12/1990: United Nations Crime Prevention (Intern), Vienna, Austria 5/1991: Graduated from UCLA with a J.D. 9/1991: Associate, Davis, Polk & Wardell, New York, NY 11/8/1991: Notified of passing the Bar which was taken on July 30-31, 1992 1/22/1992: Admitted to State of New York, Supreme Court, Appellate Division, Clerked for Judge Miner 9/10/1993: Admitted to the Bar of the District of Columbia, Court of Appeals 10/4/1993: Admitted as Member of District of Columbia Bar 12/13/1993: Admitted to Southern District Court of New York State 12/13/1993: Admitted to Eastern District Court of New York State 5 4/2000: Worked At HUD 4/7/2001: Married Jonathan Gillibrand 6/2001: Partner, Boise Schiller 10/17/2002: Admitted to Colorado District Court 11/12/2003: Son Theodore Gillibrand Born 6 KIRSTEN GILLIBRAND’S CLIENTS The following is a top line review of clients Kirsten represented while at Boies, Schiller & Flexner. A review of records between 2001 and 2005 indicates that Kirsten’s name is only associated with one client– Qwest Communications. However, per conversations with Kirsten and as indicated on her personal financial disclosure form, I’ve investigated work that Boies, Schiller & Flexner may have done for other clients on the list. In cases where Boies, Schiller & Flexner was mentioned, I’ve noted it. In cases where Boies, Schiller & Flexner wasn’t mentioned I’ve noted legal problems those clients were having at the time – please review with the understanding that Kirsten’s firm may not have worked on those specific cases. GILLIBRAND REPRESENTED COMPANY FACING ALLEGATIONS OF FAULTY ACCOUNTING Qwest Hired Boies Schiller To Investigate Possible Accounting Errors Surrounding Sale Of Fiber- Optic Capacity Swaps. Qwest's board hired Boies, Schiller & Flexner to launch an investigation into Qwest's past accounting. The firms investigation found that potential problems were "not quantitatively or qualitatively material" to Qwest's financial statements and that no changes needed to be made to its previously reported results. [USA Today, 8/18/03] Boies Schiller Found Problems In Just 8% Of The Sales, Found Accounting Deals Sound. Qwest Communications hired Boies, Schiller & Flexner to investigate its controversial fiber-optic capacity sales. Qwest and Boies Schiller determined that just 8 percent of the deals had problems and according to sources familiar with the investigation, Boies, Schiller & Flexner initially found the accounting deals sound. [Denver Post, 9/27/02; Denver Post, 10/4/02] Law Firm Was Advising Qwest When Company Told Board That Internal Probe Found No Problems. Boies, Schiller & Flexner advised Qwest at pivotal meetings when the company's board was told that the internal probe found no problems. [Knight-Ridder, 1/23/03] Six Months After Probe, Company Decided To Reinstate Over $1 Billion In Revenue. Six months after the probe finished, the company fired its chief executive officer and decided to restate more than $1 billion in revenue connected to the deals that it once decided were appropriate. At a congressional hearing, chief financial officer Oren Shaffer said that after reviewing the same deals, he found he could not justify Qwest’s earlier accounting treatment. Qwest announced it will erase or shuffle $ 2.2 billion in revenue from its books for 2000 and 2001 due to improper accounting. Of that figure, $ 1.5 billion came from swaps or sales of fiber-optic strands. [Denver Post, 10/4/02; Denver Post, 3/11/03] DOJ And SEC Investigated Deals. The Department of Justice and the Securities Exchange Commission began to investigate Qwest, each probing whether Qwest improperly recorded revenues from the fiber-optic deals as immediate gains, even though most of the transactions involved long- term leases. [Denver Post, 10/4/02] Report Commissioned By Company Who Swapped Assets With Qwest Detailed Faulty Accounting. An investigative report by bankrupt Global Crossing who swapped assets with Qwest, detailed three deals in which the company might have skirted accounting rules. The deals, in which Global Crossing and Qwest swapped assets, included unwritten or otherwise secret agreements that allowed Global Crossing to 7 exchange the assets it bought from Qwest for others at a later time. Such 'side letters,' had they been known to Qwest's auditors and the U.S. Securities and Exchange Commission, would have invalidated Qwest's method of accounting for the deals, said a former SEC investigator. [Denver Post, 3/11/03] Boies Schiller Said Accounting Associated With Enron Deal Showed No Problems, Proved Inaccurate. Boies Schiller told Qwest that a controversial 2001 network deal with Enron showed no problems based on a preliminary review, said lawyers familiar with the matter and an auditor's meeting notes.