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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
#11
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Quote:

Vigilante wrote:
New Jersey law (N.J
.S
.A
. 43: 1-3 et seq.) stipulates
that the receipt of retirement benefits is expressly
conditioned upon the rendering of honorable service
by the member (i.e. a public officer or public employ-
ee). A member may be subject to a reduction or for-
feiture of earned service credit,* salary, and/or ben-
efits if suspension, dismissal, or termination of
employment is due to misconduct; or if convicted of
a crime that is in any way related to his or her
employment or involves a crime of moral turpitude.


Sort of...a NJ pension board has the OPTION to continue to distribute the pension if a family member (spouse, child, dependent) can convince the board that they are dependent upon it to live. (ie; may be subject to...)

Stipulation of Pension Awards while Incarcerated

I think we can all agree that there is a lot of grey area here which needs to be placed under a microscope.

Posted on: 2016/4/7 14:47
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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New Jersey law (N.J
.S
.A
. 43: 1-3 et seq.) stipulates
that the receipt of retirement benefits is expressly
conditioned upon the rendering of honorable service
by the member (i.e. a public officer or public employ-
ee). A member may be subject to a reduction or for-
feiture of earned service credit,* salary, and/or ben-
efits if suspension, dismissal, or termination of
employment is due to misconduct; or if convicted of
a crime that is in any way related to his or her
employment or involves a crime of moral turpitude.

Posted on: 2016/4/7 1:55
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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jcneighbor wrote:
Refer to (17). How is a camera in a bathroom not official misconduct?


Because even though the guy is a teacher and the lowest, bottom feeding scum known to man, he did these heinous acts OUTSIDE of his capacity as a public teacher. He hid the camera in an outside venue - not the bathroom at his school (for example).

Specifically;

This law (official misconduct) does not extend to purely private wrongdoing by one who happens to be a public servant.

Hence, under New Jersey Official Misconduct law the state must prove the following five elements:

First, defendant was a public servant.

Second, defendant acted with purpose to gain a benefit or to injure or deprive another of a benefit.

Third, the act committed related to the public servant's office.

Fourth, the act must be unauthorized.

Fifth, defendant knew that the act was unauthorized.

NJ Guide to Official Misconduct

Again - I'm just interpreting what I'm reading. I'd love to be wrong in this instance.

Posted on: 2016/4/6 23:10
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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Refer to (17). How is a camera in a bathroom not official misconduct?

Posted on: 2016/4/6 22:55
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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Quote:

Vigilante wrote:
Quote:

jerseymom wrote:
Quote:

Vigilante, if I'm reading the statute correctly, only crimes connected to their behavior in office (like theft of services, bribery, embezzlement, etc.) rises to the level of criminal behavior. It's a crime "that touches their office" in some way. It's not a blanket statute covering all felony convictions like in some states.

Specifically:

Subsection a. of this section applies to a conviction of any of the following crimes:

(1) Paragraph (4) of subsection a. of N.J.S.2C:13-5, criminal coercion;

(2) N.J.S.2C:20-4, theft by deception, if the amount involved exceeds $10,000;

(3) Subsection d. of N.J.S.2C:20-5, theft by extortion;

(4) N.J.S.2C:20-9, theft by failure to make required disposition of property received, if the amount involved exceeds $10,000;

(5) N.J.S.2C:21-10, commercial bribery;

(6) Section 3 of P.L.1994, c.121 (C.2C:21-25), money laundering;

(7) Section 97 of P.L.1999, c.440 (C.2C:21-34), false contract payment claims;

(8) N.J.S.2C:27-2, bribery in official matters;

(9) N.J.S.2C:27-3, threats and other improper influence in official and political matters;

(10) Section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved;

(11) Section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior;

(12) Section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior;

(13) N.J.S.2C:28-1, perjury;

(14) N.J.S.2C:28-5, tampering with witnesses;

(15) N.J.S.2C:28-7, tampering with public records or information;

(16) N.J.S.2C:29-4, compounding;

(17) N.J.S.2C:30-2, official misconduct;

(18) N.J.S.2C:30-3, speculating or wagering on official action or information; or

(19) Section 3 of P.L.2003, c.31 (C.2C:30-7), pattern of official misconduct.


Putting a hidden camera in a bathroom? Watching porn in the school bus? A felony conviction will end their pensions.


No, Vigilante - unless the statute stipulates the loss of a pension due to a specific felony (this law stipulates "certain" crimes), I think they get to keep it.

Can someone chime in with a little more legal expertise here?

Posted on: 2016/4/6 22:51
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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Quote:

jerseymom wrote:
Quote:

Vigilante, if I'm reading the statute correctly, only crimes connected to their behavior in office (like theft of services, bribery, embezzlement, etc.) rises to the level of criminal behavior. It's a crime "that touches their office" in some way. It's not a blanket statute covering all felony convictions like in some states.

Specifically:

Subsection a. of this section applies to a conviction of any of the following crimes:

(1) Paragraph (4) of subsection a. of N.J.S.2C:13-5, criminal coercion;

(2) N.J.S.2C:20-4, theft by deception, if the amount involved exceeds $10,000;

(3) Subsection d. of N.J.S.2C:20-5, theft by extortion;

(4) N.J.S.2C:20-9, theft by failure to make required disposition of property received, if the amount involved exceeds $10,000;

(5) N.J.S.2C:21-10, commercial bribery;

(6) Section 3 of P.L.1994, c.121 (C.2C:21-25), money laundering;

(7) Section 97 of P.L.1999, c.440 (C.2C:21-34), false contract payment claims;

(8) N.J.S.2C:27-2, bribery in official matters;

(9) N.J.S.2C:27-3, threats and other improper influence in official and political matters;

(10) Section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved;

(11) Section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior;

(12) Section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior;

(13) N.J.S.2C:28-1, perjury;

(14) N.J.S.2C:28-5, tampering with witnesses;

(15) N.J.S.2C:28-7, tampering with public records or information;

(16) N.J.S.2C:29-4, compounding;

(17) N.J.S.2C:30-2, official misconduct;

(18) N.J.S.2C:30-3, speculating or wagering on official action or information; or

(19) Section 3 of P.L.2003, c.31 (C.2C:30-7), pattern of official misconduct.


Putting a hidden camera in a bathroom? Watching porn in the school bus? A felony conviction will end their pensions.

Posted on: 2016/4/6 22:45
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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Quote:

Vigilante, if I'm reading the statute correctly, only crimes connected to their behavior in office (like theft of services, bribery, embezzlement, etc.) rises to the level of criminal behavior. It's a crime "that touches their office" in some way. It's not a blanket statute covering all felony convictions like in some states.

Specifically:

Subsection a. of this section applies to a conviction of any of the following crimes:

(1) Paragraph (4) of subsection a. of N.J.S.2C:13-5, criminal coercion;

(2) N.J.S.2C:20-4, theft by deception, if the amount involved exceeds $10,000;

(3) Subsection d. of N.J.S.2C:20-5, theft by extortion;

(4) N.J.S.2C:20-9, theft by failure to make required disposition of property received, if the amount involved exceeds $10,000;

(5) N.J.S.2C:21-10, commercial bribery;

(6) Section 3 of P.L.1994, c.121 (C.2C:21-25), money laundering;

(7) Section 97 of P.L.1999, c.440 (C.2C:21-34), false contract payment claims;

(8) N.J.S.2C:27-2, bribery in official matters;

(9) N.J.S.2C:27-3, threats and other improper influence in official and political matters;

(10) Section 100 of P.L.1999, c.440 (C.2C:27-9), unlawful official business transaction where interest is involved;

(11) Section 5 of P.L.2003, c.255 (C.2C:27-10), acceptance or receipt of unlawful benefit by public servant for official behavior;

(12) Section 6 of P.L.2003, c.255 (C.2C:27-11), offer of unlawful benefit to public servant for official behavior;

(13) N.J.S.2C:28-1, perjury;

(14) N.J.S.2C:28-5, tampering with witnesses;

(15) N.J.S.2C:28-7, tampering with public records or information;

(16) N.J.S.2C:29-4, compounding;

(17) N.J.S.2C:30-2, official misconduct;

(18) N.J.S.2C:30-3, speculating or wagering on official action or information; or

(19) Section 3 of P.L.2003, c.31 (C.2C:30-7), pattern of official misconduct.

Posted on: 2016/4/6 22:37
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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caj11 wrote:
Will the (now former) teacher and bus driver still get their lifetime public employee pensions? That's what I gotta know. This being New Jersey, there's a very good chance of it.


That's an interesting question - and the quickly researched answer points to - yes - they will keep their pensions.

That should be amended immediately.

Pension Forfeiture Laws - State by State

Posted on: 2016/4/6 22:34
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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Posted on: 2016/4/6 22:34
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Re: Child Porn Bust in NJ - 3 Suspects in Hudson County
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Will the (now former) teacher and bus driver still get their lifetime public employee pensions? That's what I gotta know. This being New Jersey, there's a very good chance of it.

Posted on: 2016/4/6 22:02
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Child Porn Bust in NJ - 3 Suspects in Hudson County
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(Edit: 2 live in Kearny - 1 works in JC)

16 men in New Jersey, including teacher and school bus driver, arrested in statewide child porn probe 'Operation Safeguard'

BY Jason Silverstein

Sixteen men in New Jersey, including a middle school teacher and a school bus driver, have been charged for child porn as part of a statewide bust called "Operation Safeguard," authorities announced Wednesday.

"These defendants come from all walks of life, but they allegedly share a depraved desire to see children being raped and sexually exploited," Acting State Attorney General Robert Lougy told reporters.

More

Full List of Suspects - State of NJ

Posted on: 2016/4/6 18:19
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