N.J. corruption defendants retain top attorneys
by Ted Sherman and Brian T. Murray/The Star-Ledger
Sunday August 16, 2009, 7:15 AM

Not long after Hoboken Mayor Peter Cammarano was arrested on corruption charges, he reached out to Joseph Hayden Jr., a former prosecutor and one of the state's top criminal defense attorneys.

When the name of Joseph Doria surfaced in the same ongoing federal corruption and money-laundering investigation, the state Community Affairs commissioner -- who has not even been accused of a crime -- abruptly resigned and retained John Azzarello of Chatham, a one-time Assistant U.S. Attorney and one-time counsel to the 9/11 commission.

And famed New York lawyer Gerald L. Shargel, a tough litigator who defended mob boss John Gotti, was brought in last week to help represent Orthodox Rabbi Saul Kassin, the 87-year-old spiritual leader of the Syrian Jewish community accused of laundering $200,000 through his associated charities.


AP Photo/Mel EvansEx-Hoboken Mayor Peter Cammarano, center blue shirt, leaves the federal court house in Newark July 23 with his lawyer, Joseph Hayden Jr., right, in the tan suit.

The broad series of charges against 44 individuals including three mayors, two state legislators, more than a dozen appointed offices, and five rabbis -- has begun pulling in some of the state's top legal talent.

From the very first afternoon when the initial group of defendants began appearing in shackles in federal court in Newark not three weeks ago, many were already being accompanied by some of the state's most well-known lawyers, a fact not lost on observers like former New Jersey Attorney General Peter Harvey, who stopped to see what was going on.

Lawyers for the public corruption defendants

Lawyers for the money-laundering defendants

"I saw all this talent coming up here and into this courtroom, I had to find out what was going on," he said, suggesting it looked like a gathering of the Who's Who of New Jersey's legal community.

Call them big guns or the "go-to" guys, they are the ones who always seem to be on the short list of those to call when one is in serious legal jeopardy.

Among those already in the case include Justin P. Walder, representing Rabbi Edmund Nahum, one of the money-laundering defendants; Henry Klingeman, a former federal prosecutor representing Jersey City political operative Joseph Cardwell; Michael Critchley, representing Ridgefield Mayor Anthony Suarez; and Brian Neary, who represents Jersey City Deputy Mayor Leona Beldini.

Several were reluctant to talk publicly about why they get called so often.

"It's like asking about the biggest fish someone caught," one demurred.

Hayden, who defended former NBA star Jayson Williams on manslaughter charges, was also reticent. "It sounds presumptuous to talk about it," he said, noting only that both he and Walder have been trying cases for over 40 years and have "a considerable amount of expertise as both prosecutors and defense lawyers."

Shargel's website, quoting a New Yorker profile, proclaims: "Gerald Shargel is considered one of the most brilliant criminal defense attorneys in America..." Still, he was far more reserved when reached by phone.

"Honestly, it's for other people to say, not me," he replied, when asked why he gets the call so often.

A small circle

But John Farmer Jr., dean of Rutgers Law School and the former New Jersey attorney general, said it is not at all surprising to always see the same names in so many of the major federal cases.

"There's a relatively small circle of lawyers who do federal criminal defense work," he explained. "It can be an arcane field. Most lawyers understand federal practice is different, and those who haven't done it will often shy away and refer it to those who do."

For example, the discovery rules -- which mandate what defense attorneys can see of the evidence and witness statements before trial -- are different. The cases are also typically developed over a much longer period of time, making it more difficult to convince a jury of reasonable doubt.

"They are hard cases and the obvious names are all fantastic lawyers who are very good at winning close arguments," Farmer said. "You can't survive in that world where the odds are so stacked against you if you're not a really good lawyer."

They will also be facing some of the top people in the U.S. Attorney's Office. The case is being directed by Brian Howe, deputy chief of the Special Prosecutions Division; he is teamed with Assistant U.S. Attorneys Mark McCarren, Sandra Moser and Maureen Nakly, all of the Special Prosecutions Division, and David Bocian, the second-in-command and public corruption prosecutor in the U.S. Attorney's Trenton office.
Officials arrested in corruption ring leave federal court

Gerald Krovatin, who defended former state Sen. Joseph Coniglio (D-Bergen) in a corruption case earlier this year, said federal matters are often far more complex than those in the state courts.

"The trial of these cases is more difficult," explained Krovatin, who is not representing any of the 44 currently facing charges.

The far-ranging corruption case that broke open just two weeks ago will be particularly difficult for the defense before it even begins, Farmer suggested, because the continuing series of federal corruption prosecutions that has swept the state has the public convinced that most of those arrested are guilty.

"There is no presumption of innocence anymore," the law school dean said. "It's a major issue."

The latest case has been called one of the biggest federal sting operations to hit New Jersey. The two-tier investigation targeted politicians and public officials accused of taking bribes. Separately, religious leaders and others were charged in an international money-laundering scheme. And one man was charged with brokering black market kidney transplants.

All the charges were tied together through a single FBI informant, Solomon Dwek, a failed Monmouth County developer facing trial in a $50 million bank fraud. He allegedly lured politicians with payoffs and cash campaign contributions to facilitate purported development deals. According to the criminal complaints, he also laundered more than $3 million in money he claimed to be hiding from his creditors in bankruptcy court, doing so by writing large checks to charitable organizations associated with the rabbis. Dwek would receive the money back in cash, in exchange for a 10 to 15 percent cut of the transaction.

With the case still in the early stages, the players may yet change. Some attorneys concede privately they were asked to provide representation only for the initial court appearances and will not likely remain on board for the long haul. Clients and attorneys also do not always match well. And those defendants who opt for trial may seek a lawyer with a stronger trial background.

Steep price to pay

At the same time, federal criminal defense work does not come cheap, and many of the public officials who were arrested have already lost their jobs and may have little in the way of resources. That became an issue during the trial of former Newark Mayor Sharpe James two years ago, when Raymond M. Brown of Greenbaum, Rowe, Smith & Davis, who represented James after he was indicted, asked to be removed from the case.

"Sharpe James has advised me ... that his personal funds will not be able to meet the projected budget for the hiring of this law firm," Brown stated in an affidavit. "Continued discussions of this matter have the capacity to erode the lawyer-client relationship and to interfere with providing effective assistance of counsel."

Within hours, James retained Thomas Ashley, another highly regarded defense attorney, to replace the firm.

Farmer said the cost of defense is always a consideration.

"One of the hard parts of doing criminal defense work is being sure you are getting paid," he noted. "Experience shows once the case is over, the incentive to pay pretty much evaporates."

Still, Maria D. Noto of Matawan, former president of the New Jersey Association of Criminal Defense Lawyers, said do not assume that those facing charges do not have resources to pay for their defense.

"When people are being charged with a criminal offense, it's like getting hit with a diagnosis that you have a life-threatening illness. They are going to talk to their family and friends and do whatever they can do to get the best possible care," said Noto, whose practice includes federal defense work. "They're probably terrified and will tap into any resources they have -- pensions, savings, 401(k)s, whatever."

Ted Sherman may be reached at tsherman@starledger.com or (973) 392-4278; Brian T. Murray at bmurray@starledger.com or (973) 392-4153.

http://www.nj.com/news/index.ssf/2009 ... big_sting_the_big_gu.html

Guy Catrillo emerges:

read the post on blogcityblog.com

another thread was started saying Leona B resigned....maybe I should convince these other guys to resign as well because they have little to gain as well....ok here goes....to all those arrested: right now you are under a microscope and will be hard pressed to continue with your wanton ways. Let the smoke blow over, move to another community (take a page from Jack Shaw's book) and start again in the future.

I'm not judging anything just asking a question. If the position is one of title alone with no power I didn't understand why she wouldn't just give it up. If I understand you correctly, you are saying that perhaps her motivation is spite....that might make sense. If the position is one of title alone with no power why does it need to exist? Please forgive me since I'm a neophyte in the ways of Jersey City politics but it is my home now and I'm just trying to get educated.

Quote:
JackieCruise, what exactly is your understanding of what "service" is required from Leona? Its merely a title. I am not even aware that the Dpty Mayors perform weddings anymore. She is continuing to "serve" because it's a cushy gig, and she figures, "why give it up? let them take it away from me."

Quote:

Because she loves this city and the people who live here. She is motivated by only one thing, and that is to serve the people and make a positive difference in the lives........oh, man, I couldn't even type this with a straight face and I think I just threw up a little.

I suppose the question has to be asked. Why would Leona Beldini be motivated, under the circumstances to continue serving in a position with no pay or benefits?

Arrested in last month's sweep, two Jersey City officials still serving on boards
as posted on The Jersey Journal, August 13, 2009, 16:13 p.m.


Two Jersey City officials arrested in the last month's corruption sweep have called it quits on the government boards they served on -- but two others are hanging tough.

Jersey City Deputy Mayor Leona Beldini remains a member of the Jersey City Economic Development Corporation board and Joseph Cardwell is still serving as a second alternate on the Jersey City Municipal Utilities Authority board, officials confirmed today.

The city's law department has sent letters to both of them asking them to step down, officials said.

If Beldini doesn't resign, JCEDC officials will take steps to remove her, officials said. The post comes with no pay or benefits. Her term expires in October 2010.

Charged with accepting $20,000 in illegal campaign contributions from an FBI informant, Beldini is suspended without pay from her $66,165-a-year job as deputy mayor.

Appointed by Jersey City Mayor Jerramiah T. Healy to the MUA board in 2005 and again last year, Cardwell can only be removed through a formal hearing by the City Council, which would need to establish, according to statute, "inefficiency, neglect of duty or misconduct in office" on Cardwell's part, officials said.

Cardwell doesn't receive pay as member of the MUA board, but does receive family health coverage, which costs the agency roughly $10,000 a year, MUA Executive Director Dan Becht.

Cardwell is charged with accepting $20,000 from the FBI informant -- $10,000 for himself and $10,000 for a political campaign.

Today's Jersey Journal reported that Edward Cheatam resigned his post as a commissioner of the Jersey City Housing Authority and Maher Khalil resigned from the board of trustees of the Jersey City Development Corporation.

"I think it is in the best interest of the city and all concerned parties that all individuals who have been charged should voluntarily remove themselves from any and all city boards and we are working on achieving that." Healy said through a spokeswoman.

Jersey City Health Officer Joseph Castagna, who was also arrested July 23 -- and has been suspended without pay from his $105,000 job -- is now off the Hudson Regional Health Commission. He served in that post by virtue of being the city's health officer, officials said.

Good thing the webmaster put that locked thread at the top of the page.

Yes

A comment on that article indicates these positions are volunteer and are not thier paid positions, is this correct?

2 more down and 3569 more to go.

Edward Cheatam resigned as the commissioner of the city's Housing Authority, and Maher Khalil resigned from the board of trustees of the Jersey City Development Corporation

http://www.nj.com/news/index.ssf/2009 ... ity_embattled_jersey.html

Oh man, where to begin. JJ you should check your facts. First of all the eight story building Antonicello refers to is not 900 Garfield but an odd number approx 835, it's a block away on the other side of the street. And the new redevelopment plan has buildings 8-12 stories (with residential). In fact if you read the canal crossings plan, the 900 lot has 8-12 story residential buildings. The whole area does. And as for obtaining density variances, well, need I tell anyone this is not that hard? Also, water front property for $500k? Not sure, but that sounds on the cheap. And quoting homes for sale for $23k? C'mon! Such bias when it comes to Greenville JJ. Shame on you. JJ Spends more time reporting negative Greenville stories than they do world news Jersey City alleged federal crimes. And to suggest that this was obvious cause of the contamination, then why is that 900 lot slated for residential condos? Such ambiguity! Also, read the complaint alleging the crimes. It talks about the residents resistance and even seems to make reference to Viola Richardson. Everyone should do yourselves a favor and read Jersey City Independent. Much better Journalism.

plain awesome

Quote:

People could have said the same thing about Lloyd Goldman's plan to build 50 story towers on the site of 110 and 111 First Street, or the Toll Brothers "Me Too" redevelopment demands.

People could have said the same thing about renegotiating a tax abatement for Crystal Point which was already a ludicrous deal.

Yet it's amazing what developers can convince city officials, including Antonicello, to do.

Quote:

Nothing a few bribes can't change....

This is a good article and really cuts through the corruptible outer layers of those running this dump of a city and reveals their base stupidity.

WHO'D BELIEVE IT?
Those who know Garfield call Dwek bait 'ludicrous'

Tuesday, August 11, 2009
By AMY SARA CLARK
JOURNAL STAFF WRITER

As Solomon Dwek, the government informant at the center of last month's FBI sting, made the rounds in Jersey City earlier this year, he kept describing the expensive condo apartments he intended to build on Garfield Avenue.

They would sell for $500,000 apiece - or more, Dwek boasted to the elected officials, operatives and political hangers-on he allegedly bribed to move this dream development forward.

But the site Dwek spoke of - 740-760 Garfield Ave. - is hardly an area where "23-story" luxury developments would flourish.

Two-family homes and a car wash occupy the site. They are next to a large chromium site slated for remediation and an industrial area.

"It (Dwek's Garfield Avenue plan) is so ludicrous, it's so bizarre that anybody doing an ounce of due diligence would have realized just how ludicrous it was," said Robert Antonicello, executive director of the Jersey City Redevelopment Agency.

Ernest Thompson, a retired trucker who rents an apartment on the site, is also surprised Dwek had anyone take him seriously.

"Nobody's going to spend no half a million here," Thompson said. "It'll never happen. It's not that kind of area."

Sixteen of the 23 officials and political operatives in Hudson County arrested in the July 23 sting were charged with accepting bribes to fast-track Dwek's plan to build luxury condos in the working-class neighborhood.

With a bit of checking, these alleged bribe-takers might have realized Dwek's plans were as phony as his cover as a developer.

The site is zoned R-1, which doesn't allow for a building with more than two apartments, city officials said.

To build Dwek's project, either the zoning would have to change or the area would have to be designated "in need of rehabilitation," a process that would involve the Planning Board and City Council.

But those approvals would never have happened, Antonicello said, pointing to a recent proposal to build an eight-story building at 900 Garfield Ave. that "became a major showdown on the Planning Board."

"If you think about the location that is not really near a PATH stop, a Light Rail stop. It's just in the middle of nowhere," Antonicello said. "It would never have made it to first base."

The people arrested for allegedly taking bribes to help Dwek with his Jersey City project include City Council President Mariano Vega Jr., Deputy Mayor Leona Beldini, Assemblyman L. Harvey Smith and former assemblyman Lou Manzo. Both Smith and Manzo were unsuccessful candidates for mayor this year.

Also facing corruption charges for promising to help Dwek push his project through are former City Council candidates Lori Serrano, Jimmy King, Guy Catrillo, and La Vern Webb-Washington, as well as city employees Joseph Castagna, Maher Khalil, Michael Manzo and John Guarini.

Political operatives Jack Shaw, Ronald Manzo, Richard Greene and Joe Cardwell were also arrested in the sting for allegedly promising to help with the project.

Dwek's $500,000 asking price for the 780 units he planned to build also should have raised eyebrows.

The going price for two-family homes on that block is $200,000 to $300,000, according to Antonicello. One home on the site that needs a gut renovation in half the building - 756 Garfield Ave. - is on the market for $32,000, according to its broker at West Hoboken Realty.

"I don't know anyone who would want to pay that much (for a condo). It's so much better to buy a house," said Armando Ayllon, who lives at 740 Garfield Ave.

Antonicello agreed.

"If you could buy a waterfront unit for $500,000 why would you buy a Garfield Avenue unit?" he said. "The BS meter should have gone up immediately."

Ray Davila, a retired grocery store owner who bought 750 Garfield Ave. 11 years ago, said nobody approached him about selling his property.

"But," he added, "I'm willing to listen."

FBI sting sheds negative light on NJ development

By SAMANTHA HENRY (AP) ? 1 day ago

NEWARK, N.J. ? Federal authorities couldn't have picked a more fertile target than New Jersey's Manhattan-facing waterfront towns for a fake cash-for-development undercover sting, longtime observers say.

The majority of those arrested in a sweeping FBI bust that netted 44 people on corruption and money laundering charges had ties ? real or feigned ? to development along the Hudson River.

The criminal complaints paint a picture of building and zoning departments where influence, connections and payoffs determine who gets a prompt hearing and a smooth approval process on their applications and who is left at the mercy of a process so seemingly dysfunctional that developers sometimes budget for bribes.

Jersey City, where more than a dozen of those arrested in the corruption probe either lived, worked or had connections, has been at the epicenter of a development boom that has transformed former polluted industrial rail yards and warehouses into gleaming waterfront high-rises with unparalleled views of the Manhattan skyline.

Certain developers have made fortunes off the city and received tax abatements that continue today, even though there's little open space left along the waterfront, where luxury housing and office buildings housing large Manhattan firms have earned it the nickname "Wall Street West."

"Everybody knows developers run New Jersey," said Joe Morris of the Interfaith Community Organization, which has been pushing for environmental remediation of contaminated land in Jersey City. "The developers run local government in every place in the state."

Morris has led a lawsuit to force the cleanup of a former chromium plant site he believes is the property at the center of the recent FBI sting. The Jersey City address referred to in the criminal complaints borders one of the last undeveloped large tracts of open space in the city.

"The public officials in the criminal complaints seemed like they knew the drill," Morris said. "They asked a surprisingly few number of questions about the site, such as if it was contaminated, and it shows the last thing on their minds is public safety."

Brigid Harrison, a political science professor at Montclair State University, says the latest arrests point to serious problems with the way development happens in New Jersey.

"In addition to targeting these municipal elected officials who clearly are steering either permits or contracts or development schemes toward developers, the other end needs to be prosecuted as well," she said. "There are developers and planners and engineers out there making payoffs, and this is indicative of how business is done."

Posing as a wealthy developer, the government's cooperating witness repeatedly says in secretly taped conversations with public officials that he's neither a Democrat nor a Republican but a member of the "Green Party" ? referring to his penchant for doling out cash bribes in exchange for help.

He explains to Jersey City officials with power over the planning and zoning process that he's hoping to build a large-scale apartment development worth up to $200 million in their city. He tells them he's fine with paying approximately $200,000 to $300,000 "up-front" to assist in obtaining the necessary approvals.

Although the project was fictitious, the documents show various officials telling the undercover witness that he'll be granted "smooth access," a heads-up on confidential information and pending state action concerning the property, and assistance pushing through a zoning change and environmental paperwork. Another promises the informant that in exchange for cash payments, the official will make sure not to "let the bureaucracy slow things down."

Jersey City Deputy Mayor Leona Beldini, accused of taking $20,000 in bribes, even tries to negotiate with the undercover witness to become the broker on his project, according to the charging documents.

The Jersey City employees who were charged in the investigation have been suspended without pay by the city's embattled mayor, Jerramiah Healy. Although Healy is mentioned in the federal complaints, he reiterated that he is not charged with wrongdoing and has no plans to step down.

Healy said he's proud of Jersey City's development record.

"Our criterion is, is it good for our city? We're not interested in enriching private developers," Healy said. "On the other hand, if it's good for the city and that's a byproduct and they're making money on it, that's OK. I still want to bring those tax dollars to the city and bring jobs to the city. I consider that to be my job."

Jersey City Councilman Steven Fulop said developers raise a lot of money for politicians in New Jersey, something he said should change.

"When you have that kind of toxic mix of money and political influence, there's the potential for what could be perceived as deal making that's not in the best interest of the community," Fulop said.

Several contractors and developers doing business in Jersey City declined to speak on the record because they were afraid they would hurt their business prospects. The National Builders Association and the New Jersey Builders Association also declined to comment.

William Dressel of the New Jersey League of Municipalities said the state's development laws are sound, and the vast majority of the state's volunteer planning and zoning board officials are not corrupt.

Fulop agreed, saying the current system often frustrates builders looking to do business in New Jersey.

"I don't think the majority of the developers like raising significant money for politicians anywhere in the state," he said. "I think some transparency and changing the process, which is going to be an end result of this, is going to be a net positive for the city."

Loved it.
IMO, You and Mia Scanga do a hell of a good job of informing the residents of Jersey City, and NJ.
Thank you.

Thanks for posting this Yvonne. Seems like material for the webmaster front banner...

Speak NJ video 3 protests - Hoboken and Jersey City which dealt with corruption and West New York which is doing a recall of Mayor Sal Vega.
The show is on Comcast Channel 51 Mondays @ 10:30 or Tuesdays @ 9:00. You can also see the entire show below.
Yvonne


http://videos.nj.com/2009/08/hudson_county_protests.html

http://news.yahoo.com/s/ap/20090807/a ... re_as/as_china_corruption

Do this to a couple of people here and see if they clean themselves up.

Anyone know if Vega is still working his county job? I haven't read anything about him being fired from that position.

Attorneys get ready to defend their client politicians in corruption scandal

by Agustin C. Torres/The Jersey Journal
Saturday August 01, 2009, 7:00 AM

Defense attorney Peter Willis has a double-header in corruption case

With the arrest of 44 people by FBI agents on July 3, many of them political figures charged with corruption, one thing is certain. It will be a big pay day for some of New Jersey's biggest trial lawyers.

Once caught in the net, all the defendants immediately lawyered up, according to the New Jersey Law Journal. The Law Journal also pointed out one of the legal oddities in these preparations for going to war with the U.S. attorney's office, two elected Hudson County officials have the same attorney.

Assemblyman L. Harvey Smith and Jersey City Councilman Mariano Vega are both represented by Peter Willis. according to the Law Journal, Willis sees no problem with having two defendants in what is considered the same federal case.

One defendant told The Jersey Journal that no matter how his case comes out, found guilty or exonerated, litigation will cost him his home and business.

As N.J. Corruption Defendants Lawyer Up, Defense Strategies Start to Emerge

Henry Gottlieb

New Jersey Law Journal

August 3, 2009

Besides reinforcing New Jersey's corrupt image, the FBI's arrest of 44 officeholders, political operatives and rabbis two weeks ago is providing work for several of the state's well-known criminal defense lawyers.

Michael Critchley, Joseph Hayden and Brian Neary are among the high-profile attorneys called in for the defense. And as the investigation widened last week with the service of new subpoenas, the resignation of two mayors, the death of a suspect and punitive action against two assemblymen, some of the lawyers began hinting at defenses.

Among the obvious tacks: suggesting that cash payments the government is calling bribes were accepted or solicited legitimately as campaign contributions for which no real promises of favoritism were given.

For many of the suspects, though, it was too early for strategy. Finding the right lawyer was the primary task.
Hoboken Mayor Peter Cammarano III turned to Hayden, whose most notorious client these days is Jayson Williams, the former pro basketball star set to be retried for manslaughter in the 2002 shooting death of a chauffeur.
While Hayden, of Walder, Hayden & Brogan in Roseland, N.J., is a founder of the Association of Criminal Defense Lawyers-New Jersey, he built his reputation as a complex civil litigator as counsel to chemical giant CIBA-Geigy in a 10-year battle to get insurers to cover pollution costs.

His client, Cammarano, who captured Hoboken City Hall after campaigning on a clean-government platform, allegedly took $15,000 in bribes from the government's ubiquitous cooperating witness, Solomon Dwek, who was posing as a developer seeking zoning changes for a proposed high-rise project. "I promise you ... you're gonna be treated like a friend," the U.S. Attorney's Office quoted Cammarano as saying just before accepting cash in a parking lot.

At the urging of Gov. Jon Corzine and angry Hoboken residents, Cammarano resigned on Friday.

Hayden told reporters that Cammarano would fight the charge, noting the complaint suggested the mayor considered the money a campaign contribution, not cash for personal use -- an explanation likely to be repeated by other defendants in the coming weeks as the investigation continues.

Peter Willis of Jersey City's Willis & Young, lawyer for two elected officials, also cites the issue of legitimate campaign donations versus bribes as an important consideration in the cases.

The U.S. Attorney's Office lists Willis as counsel to state Assemblyman J. Harvey Smith, D-Hudson. Willis said on Thursday he also represents Jersey City Council President Mariano Vega Jr., which seemed to come as a surprise to Christopher Patella, a Bayonne, N.J., solo who represented Vega at the bail hearing the day of the arrests. Patella said he hadn't spoken to Vega for a couple of days and acknowledged that Willis might have replaced him. Vega did not respond to a call.

Vega allegedly accepted three $10,000 payments from Dwek and instructed an intermediary to divide the total into small campaign contributions, according to federal authorities.
Unlike the mayor of Hoboken, Vega declined to resign and his colleagues on the City Council voted 7-1 on Wednesday to defeat a no-confidence resolution against him.

Willis says there is no conflict to bar him from representing Vega and Smith, who was arrested on suspicion of taking $15,000 from Dwek in return for using his influence with contacts in state government to win approvals for the projects Dwek was purportedly pursuing in Hudson County.

SUSPENDING LEGISLATIVE PAY

On Thursday, in an action that appeared to reflect a desire by legislators in Trenton to demonstrate a sense of revulsion during an election year, Assembly Speaker Joseph Roberts Jr. announced he had suspended the pay and benefits of Smith and Assemblyman Daniel Van Pelt, R-Ocean. Van Pelt allegedly accepted $10,000 from Dwek to exert influence with state environmental regulators.

Roberts backed his unprecedented action with a legal opinion by Legislative Counsel Albert Porroni that cited a 1982 case, Errichetti v. Merlino, 188 N.J. Super. 309, in which a judge upheld the Senate president's right to halt the pay of Angelo Errichetti, a member from Camden, on grounds of unremitting absenteeism.

Errichetti missed 10 sessions after he was convicted of bribery in the notorious Abscam bribery sting that also snared U.S. Sen. Harrison Williams. In upholding the state Senate president's rights, the court warned that a member in such circumstances had the right to a hearing.

As for Smith and Van Pelt, "Our opinion is that the Speaker has the authority to suspend, not terminate, the compensation of a member for good cause (in this case intimating a sense of the General Assembly that it is in the public interest), subject to affording the member a fair hearing and, of course, ultimately upon such further review as the General Assembly deems appropriate."

To be consistent, Roberts also suspended the pay and benefits of Assemblyman Robert Vas, D-Middlesex, who has been under indictment on theft and money laundering charges for months.

Willis says Roberts' action is unprecedented. One of Van Pelt's lawyers, Robert Fuggi Jr. of Fuggi & Fuggi in Toms River, N.J., says the action is particularly harsh because the Assembly is in recess until after the November election, so the pay Van Pelt isn't receiving was for work he already performed.

Van Pelt is a kidney transplant recipient who requires regular medical treatment, so cutting his benefits will be a hardship, Fuggi says. He says he hasn't made up his mind what to do about the pay suspension and that the priority is to address the arrest complaint.

Fuggi says the first step in defending Van Pelt -- and these measures would presumably apply to numerous defendants -- will be to find out what evidence the government has and to determine whether the conduct as alleged rises to the level of illegality.

"In the complaint there are discussions of consultation fees," Fuggi says of the allegations against Van Pelt. Assembly members are allowed to do consultation work, Fuggi adds. "We have to first determine whether that conduct as alleged is in fact criminal. The government says it is. But we haven't had that question answered."

Fuggi's co-counsel is Michael Gilberti of Epstein & Gilberti in Red Bank, N.J., who spent 1980 to 1990 as an Assistant U.S. Attorney in Newark.

Among criminal defense lawyers in the state, Michael Critchley has one of the biggest reputations. He and partner John Vazquez, a former first assistant attorney general, represent Anthony Suarez, the mayor of Ridgefield.

Suarez allegedly accepted $10,000 from the much-traveled Dwek, through a middleman, for Suarez's promised assistance in getting approvals to develop properties in Ridgefield.
Critchley's roster of past big-name criminal clients includes fraudulent financier Robert Brennan, Essex County Executive Thomas D'Alessio and David Chang, a businessman who testified in the case that led to the resignation of U.S. Sen. Robert Torricelli.

Critchley was the lead defense counsel in a 22-month trial against the Lucchese crime family -- the longest federal trial in state history -- that ended in 1989 with acquittals for all defendants.

He took over Suarez's defense from Henry Klingeman of Krovatin & Klingeman in Newark, who remains in the case as attorney for Joseph Cardwell, a political consultant and a commissioner of the New Jersey Utilities Authority. The complaint says he accepted $10,000 in cash to help Dwek open doors to officials in Jersey City and other towns.

During his six years as an Assistant U.S. Attorney, Klingeman's cases included one against Brennan. As a defense attorney, he was among several lawyers who represented Melanie Maguire, a fertility clinic nurse convicted in 2007 of murdering and dismembering her husband.

The third mayor among those arrested in the 44-defendant sweep, Dennis Elwell of Secaucus, was represented at the bail hearing by William Northgrave, a former Hudson County counsel who is now a public finance and development project lawyer at McManimon & Scotland in Newark.

Northgrave, who is not a criminal attorney, quickly turned Elwell's representation over to Thomas Cammarata of Cammarata, Nulty & Garrigan in Jersey City. Elwell resigned as mayor the day after he was arrested on a complaint that alleged he took a $10,000 cash bribe.

Leona Beldini, the deputy mayor of Jersey City, who was accused of taking a $20,000 bribe, retained Brian Neary of Hackensack, N.J. His reputation in the 1980s as one of the state's leading drunken-driving defense lawyers has been superseded by his work on a mountain of sensational cases ranging from the defense of murder suspects, rap stars and public officials, and of coaches and teachers accused of having sex with underage students.

Last year, Neary represented Anna Della Donna, the wife of Guttenberg Mayor David Della Donna, against federal charges that they accepted and spent payoff money from a bar owner seeking favorable treatment on a liquor license. They were both convicted and sentenced to four years in prison.

http://www.law.com/jsp/article.jsp?id ... trategies_Start_to_Emerge

Informant in N.J. corruption case donated to campaigns

By Beth DeFalco
The Philadelphia Inquirer
Associated Press
July 31, 2009

TRENTON - Before he helped the government snare dozens of New Jersey public officials by offering bribes, the FBI informant in a New Jersey corruption case was a prolific on-the-books campaign donor, giving roughly $190,000 to high-level candidates over eight years.

None of the more than 30 politicians who received legal campaign donations from Solomon Dwek has been implicated in the scandal. Forty-four people, mostly Democrats, were arrested last week. Among them are three mayors, two state assemblymen, five rabbis, and other public officials.

Many who got legal donations have now given the money to charity as they seek to put distance between themselves and Dwek and New Jersey's culture of corruption.

"When you've taken money from somebody involved in a scandal, you give it back as fast as you can," said Peter Woolley, a political science professor and pollster at Fairleigh Dickinson-Public Mind. "In the public's mind, giving money and influencing politicians is one and the same thing."

Dwek and his wife, Pearl, contributed to candidates at all levels, a sign of how politically connected the former real estate developer was.

Dwek's legal contributions began in 1998, according to state and federal campaign finance records, and stopped just weeks before his April 2006 arrest on federal bank fraud charges. That led to his undercover work, offering money to dozens of public officials and politicians in exchange for their influence.

Prosecutors allege that Dwek bounced a $25 million check he deposited in a bank's drive-through window. His fraud case is pending, but Dwek's name surfaced last week as the cooperating witness who wore a wire as he offered bribes to officials. He posed as a developer seeking help to speed projects in several North Jersey cities.

Those who received legitimate donations from Dwek include county officials, state assemblymen and senators, members of Congress, two former gubernatorial candidates, and a U.S. president, according to campaign finance records.

Among the recipients were Sen. Arlen Specter (D., Pa.), Sen. Bob Menendez (D., N.J.), and Rep. Allyson Schwartz (D., Pa.). Menendez and Schwartz have forwarded the Dwek contributions to charities.

Menendez sent the $3,500 he received from Dwek to the New Jersey chapter of the Alzheimer's Association, said his New Jersey press secretary, Olga Alvarez.

Schwartz donated Dwek's $4,000 this week to the Jewish Federation of Greater Philadelphia, her chief of staff, Rachel Magnuson, said.

If Dwek is convicted, Specter will donate his $500 campaign contribution to charity, his spokeswoman Kate Kelly said.

Dwek gave to both political parties, and most heavily in his own district near the Shore.

A message left for Dwek's attorney was not returned yesterday.

Among the biggest beneficiaries was Rep. Frank Pallone (D., N.J.), who received $10,900 from Dwek and his wife from 1999 to 2005. The couple gave Pallone's political action committee an additional $5,000 in 2005.

Rich McGrath, a spokesman for Pallone, said the congressman has known Dwek's father for 25 years. Still, Pallone plans to give the donations to charity, McGrath said.

New Jersey Senate President Richard J. Codey (D., Essex) received $500 and will give it away.

Other Democratic recipients include Rep. Rush Holt, former Sen. Robert Torricelli, and former House Majority Leader Dick Gephardt.

Republican recipients included State Sens. Thomas H. Kean Jr. and Joseph Kyrillos; 2005 GOP gubernatorial candidate Doug Forrester; former Reps. Bob Franks and Dick Zimmer; Utah Sen. Orrin Hatch; and President George W. Bush.

The Dweks' donations favored Republicans at the state level and Democrats at the federal level.

Kevin Roberts, a New Jersey Republican State Committee spokesman, said the committee planned to give away the $51,500 given by the Dweks.

Quote:

It comes from your saying that "If elected officials were subject to suspension or termination the same way city employees are, the machine would have found a (bogus) reason to bounce Fulop long ago. The same doctrine that keeps Fulop's position on the Council secure is the same one protecting Vega. Whether you like it or not."

You cannot "force" an elected official to resign when they have done nothing wrong and still have the public's confidence, but that doesn't mean you must support them as they cling to office indicted, disgraced and having lost that confidence.

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Actually, public opinion operates on no specific standard whatsoever. How convenient it'd be if it did. I didn't choose to frame this discussion in terms of the presumption of innocence or guilt beyond a reasonable doubt. I was just playing the hand I was dealt.

"You think his not resigning is somehow the Council's fault or Healy's fault"

No. I think their not calling for him to resign is their fault.