On Thursday, Cuomo spokesman Richard Bamberger responded to Rattner's criticisms by noting how many times Rattner had invoked the Fifth Amendment, which protects a witness from self-incrimination, while testifying. "Mr. Rattner now has a lot of say as he spins his friends in the press, but when he was questioned under oath about his pensions and dealing he was much less talkative, taking the Fifth and refusing to answer questions 68 different times."
"Anyone who reads the extensive facts laid out in our complaint," said Bamberger, "will understand that Rattner's claim that he did nothing wrong are ridiculous and belied by the fact that he is paying the $6 million today."
The SEC alleged that Rattner and Quadrangle Group provided political favors and kickbacks to win business from the New York's $125 billion pension fund. The SEC alleged that one of the favors was distributing DVDs of a low-budget film called "Chooch" produced by a pension fund official and his brothers.
David Rosenfeld, associate director of the SEC's New York Regional Office, said Thursday, "Rattner delivered special favors and conducted sham transactions that corrupted the [New York state] Retirement Fund's investment process."
Cuomo 's two lawsuits accuse Rattner of paying kickbacks to help Quadrangle land a $150 million investment from the state pension fund.