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Morris County Tax Commissioner Anthony Grecco indicted for numerous charges April 29, 2009

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The New Jersey Attorney General indicted Morris County Tax Commissioner Anthony Grecco for conspiring to steal nearly $300,000 from his Elks Lodge to gamble in Atlantic City as well rigging a 2004 raffle in Cape May, fraudulently underpaying sales tax on his Mercedes Benz, and awarding a county contract to a software company that he had personal ties to.  If that wasn’t bad enough, he has a history of frequent travel on tax payer’s expense that both Democrats and Republicans (his own party) have criticized.  While the travel issue is not a crime, it will be considered at all times here.

For example, if you were to try and argue a gambling addiction defense, not for an acquittal, but for mitigation, the travel issue would come up to blow up that theory.  Of course, all of those other issues blow up that defense as well.  If you put it all together, it spells greed.  I’m not saying that there are no defenses here, but it will be tough to work this out with the State as this this is the type of defendant that they would just love to nail to the wall.  Some attorneys don’t even realize it, but the prosecutor’s opinion of your client can go a long way in helping you work out a case.

Story is here.

Former Atlantic City council vice president Cassandra Clark indicted for official misconduct April 29, 2009

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The New Jersey Attorney General’s Office has returned an indictment against former Atlantic City council vice president Cassandra Clark.  They allege that she gave $6,000 to a friend to bid on two undeveloped lots of public land.  They allege she then voted to sell that land to the same friend for $6,000.  Then they both allegedly arranged for the deed to be transferred to a company Clark owned, Rose Garden Research.

Whenever I read about these cases, I think about my own practice.  With most of my cases, I can get in before indictment and get the case handled.  So, I often wonder why so many people get indicted and yet, there are so few trials?  Many times, if my client gets indicted in this type of case, we are probably going to trial.  Reason being, you have more options on the table before indictment. 

I would also like to know why this other person was not indicted.  The most obvious answer to that is that the other person already worked out a deal.  Clark is facing quite a bit of time here and the options are running out.  If she can get a flat time offer on the table, she might be wise to take it.  Otherwise, I would take the case to trial.  I get the feeling that there is more to this story than what you see in the press release. 

Story is here.

Move over Ponzi schemes, mortgage fraud is hot! April 29, 2009

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I’ve said it before and I’ll say it again.  Mortgage fraud is going to be hot for quite a while, especially in New Jersey.   I’ve seen it in my own practice and in the news.  Of course, some of these cases are civil, others are criminal.  New Jersey’s Attorney General announced more civil charges today, this time against Property Solutions of New Jersey Inc.; its president, Edward Toledo; its vice president, Leon Toledo; and its treasurer, Raymond Vega; and PSRE Holding Co. LLC.

My concern here is that these defendants need both a civil defense team and a criminal defense team to work together, but they will only hire a civil defense attorney to reduce costs.  These charges have a criminal component to them and criminal charges may spring up from this case at some point. 

You can read more about the allegations here.

Bergen County Prosecutor arrests 21 people in child pornography investigation April 24, 2009

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16 adults and 5 juveniles were arrested for the alleged possession and/or distribution of child pornography.  Police from Passaic, Union, Sussex and Morris counties, along with State police and the New Jersey Attorney General’s office assisted in the investigation and arrests. 

The defendants include:
– Joseph Ponsi, 63, who retired in 2004 after 30 years as a guidance counselor for the Palisades Park junior and senior high schools.
– William DeMarzo, 48, a member of the Old Tappan planning board
– Anthony Engstrom, 20, a dispatcher for Maywood Police department
– Max Weinstein, 18, Edgewater
– Anthony Luciano, 23, Park Ridge
– Ronnie Franklin, 31, Hackensack
– Ramon Cruz, 36, Bergenfield
– Daniel Borjas, 31, North Arlington
– Chris Bohan,  29, Paramus
– Daniel Berardo, 18, Cresskill
– Marc Serkin, 45, Cranford
– Gilbert Seidel, 45, Hawthorne
– Joseph Robibero, 30, Vernon
– John Prevete, 44, Bloomingdale
– Wilman Rangel Mejia, 44, Paterson
– Louis Beyer, 39, Butler

Any charged with possession of child pornography is looking at a 4th degree felony.  Any of them charged with distribution is looked at a 2nd degree felony.  Some attorneys have reported problems dealing with the Bergen County Prosecutor’s Office on these cases, but I’ve done quite well.  The Assistant Prosecutors I’ve dealt with have been fair and professional, but maybe that’s just me.

Story is here.

14 members of false title ring indicted in New Jersey April 22, 2009

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Wesley Starr of Trenton, a former Motor Vehicle Commission clerk, was indicted today on charges that he sold hundreds of fraudulent motor vehicle titles to various brokers and purchasers, including 13 people who were also charged today in separate indictments.  Starr was charged in a 20 count indictment with conspiracy, official misconduct, bribery, forgery as well as  tampering with public records. 

The State alleges that Starr allegedly circumvented the regular titling procedures using a special procedure by which public agencies obtain an application for certificate of ownership for abandoned vehicles that will be sold at public auction. They allege that between January 2006 and November 2007, Starr used the special procedure to issue approximately 378 fraudulent vehicle titles that were sold, primarily through middlemen or “brokers,” to numerous purchasers.

These defendants were also charged today:  

  • Rafael Gomez, 51, of Trenton, an employee of Hawk’s Towing Recovery in Trenton.
  • Carmine Meola, 33, of East Hanover, an employee of Harrison Auto Body in Newark.
  • Thaer Abuhamood, 29, of Lawrence, whose family owns Kaars, Inc. in Trenton.
  • John Delcorpo, 22, of Stanhope, who owns Specialized Recovery in Rockaway.
  • Thomas Sonnenberg, 41, of Lake Hopcatong, who owns Motorcycle Madness in Lafayette.
  • James Campbell, 30, of East Orange.
  • Manuel Rivera, 42, of Belleville, owner of Manny’s Auto Sales in Newark.
  • John McElroy, 51, of Livingston, owner of Select Towing in West Orange.
  • Maryleigh Barbusin, 50, of Little Silver, McElroy’s girlfriend and an employee of Select Towing.
  • Raymond A. Sobers, 48, of Montclair, owner of Roach’s Towing in Montclair.
  • Hognjan Yuan, 52, of North Brunswick, owner of John’s Auto in Montclair.
  • Damon Stinson Jr., 67, of Montclair.
  • Waldemar Kos, 58, of Montclair, owner of KOS Motor Cars Inc in Montclair.

Each defendant was charged with conspiracy, official misconduct and bribery, all in the second degree, and third-degree tampering with public records or information. All defendants but Damon Stinson Jr. were also charged with third-degree forgery.

Starr faces some big problems here.  Obviously, everyone else is going to line up to flip against him as they are facing less time to begin with.  In addition, when you are facing so many charges, it is almost like each set of charges is another case.  Thus, to win at trial, you have to win all of them which is not easy to do.  His best bet is to work this out ASAP.

Story is here.

Carol Lynn Palma, suspended Cliffside Park Deputy Clerk guilty of official misconduct April 19, 2009

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Cliffside Park official found guilty

Carol Lynn Palma, Cliffside Park official found guilty

Suspended Cliffside Park Deputy Clerk Carol Lynn Palma was found guilty  of official misconduct for skimming $56,000 to work Board of Education elections.  She was also convicted of theft, failure to pay taxes on the income and filing false tax returns. The jury returned not guilty verdicts for one charge each of falsifying records and theft by deception.

Former Superintendent and Business Administrator Robert Paladino and a  former Borough Clerk Brian McGuirt testified against her during the trial.  Both men had reached deals to avoid prison prior to Palma being indicted.  Why Palma did not make some type of deal is  unknown, but I can only imagine that she had a pre-indictment offer but declined. 

In addition to the two co-defendants that testified against her, another problem here was the tax issue.  Any argument you make as a defense attorney is seriously damaged by the failure to report and pay taxes on the money that she got here because that makes it seem like she was trying to hide it.  Normally, other crime evidence is kept out of the trial, but this was part of the overall criminal activity so it comes in.  Story on Carol Lynn Palma is here.

Update: Assemblyman Anthony Chiappone hires an attorney April 19, 2009

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Looks like Assemblyman Anthony Chiappone got  some good advice from someone and sought out an attorney before it was too late.  Although he said he would speak with detectives before getting an attorney, it seems that he changed his mind.  He has hired Timothy Howes or Raritan. 

The more news that comes out, the worse things look as not only is there a grand jury investigationo, but “at least three former aides have been subpoenaed to testify Monday before a grand jury sitting in Trenton” according to the news story.   Anthony Chiappone story. 

As I’ve said before on other stories, his attorney needs to launch his own investigation now.  In addition, he needs to burn up the phone lines to get ahead of this before it gets out of control.

New Jersey Assemblyman sets bad example by making a statement without an attorney April 15, 2009

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I don’t know Anthony Chiappone and I’m sure he’s a nice guy, but I have to seriously question what he is thinking because he plans on talking to the AG’s office without an attorney.  I am sure he knows plenty of attorneys.  I don’t care how innocent you think you are; going it alone is just a bad move.

Chiappone is not charged, just under investigation for forgery.  Several former and current aides called him yesterday to say that they were visited by state AG detectives who showed them copies of canceled checks and asked them to verify their signatures. 

In my opinion, this is bad news.  You can make one mistake, but as far as the authorities go, if you do something several times, it is a crime.  I think there is a good chance that he will be charged.  The fact that they went to these other people first show that they are working to build a case and not investigate if something happened. 

I really hope he re-thinks his actions.

Mortgage fraud is heating up, time to lawyer up now April 14, 2009

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Just in the last few months, I’ve noticed an increase in mortgage fraud cases and investigations.  Some of these cases are older and some may be simply sloppy business practices, not actual crime.  However, I believe the powers that be (i.e.  politicians) have sent down word that the public wants these people to burn.  Thus, the focus has gone from the mafia to terrorism to mortgage fraud.

Anyone who in any way connected to the mortgage industry and has received a subpoena, a civil suit, a request to give a statement by law enforcement or any other sign of possible criminal activity is strongly urged to speak to an attorney as soon as possible.  If the attorney tells you that there is nothing you can do until you are charged, you may want to see someone else.

My fear is that anything that is slightly off will be looked at as criminal activity thus ensnaring a lot of innocent people.   Most of these people may call an attorney after it is too late.

Colts Neck High School students accused of counterfeiting money April 14, 2009

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Two Colts Neck, New Jersey high school students are accused of counterfeiting money and then selling the fake bills to classmates.  The suspects, whose names have not been released are a 16-year-old sophomore and 17-year-old junior at the school.  Police are still trying to figure out how much money is alleged to have been sold.

Colts Neck Police Department Detective Sgt. Joseph Whitehead said the pair  sold fake $10s and $20s in exchange for real cash in smaller denominations.  Some of the money was used in the school cafeteria.  The workers there discovered the fake money and told school administrators, who called police.

Luckily, the pair is just charged with forgery.  While it could have been worse, I hope that their parents get good attorneys to deal with this.  Their is a myth that juvenile crime is no big deal because nothing bad can happen to them.  First, juveniles can and do go to jail/prison.  Second, a juvenile criminal record can have a serious impact on the person’s future contrary to the view that what happens in juvenile court, stays in juvenile court. 

Story is here.