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7 Charged with Various Environmental Crimes in New Jersey May 21, 2010

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The New Jersey Division of Criminal Justice Major Crimes Bureau has obtained four separate state grand jury indictments charging a total of seven individuals with various environmental crimes, including four men charged for illegally dumping 18 drums containing inks and used solvents at an industrial property on Johnston Avenue in Jersey City on April 30.

Robert Clark Jr., 49, Rodney Williams, 46, Kevin L. Allen, 41, and Timothy Smith, 39, all of Jersey City, were each indicted on Wednesday, May 19, on charges of third-degree illegal disposal of solid waste and third-degree criminal mischief.

The indictment alleges that on April 30, the defendants disposed of 18 drums containing at least 250 (but less than 1,000) gallons of waste at a site not authorized by the Department of Environmental Protection to accept such waste. An investigation determined that Clark, a scrap metal dealer, was at a business in Jersey City looking for metal when an employee of that business offered him $250 to dispose of the drums. Clark and the three other men allegedly used a white box truck to transport the drums to the site on Johnston Avenue, where they illegally dumped them.

On May 3, the Jersey City Office of Emergency Management alerted detectives from the Environmental Crimes Section of the Division of Criminal Justice that the Jersey City Fire Department had been dispatched to a report of an unknown green liquid being discharged from a lot and into a storm drain on Fairmount Avenue. Fire Department units discovered the drums containing unknown substances, which had been illegally dumped at an industrial site at 532 Johnston Ave. Environmental Crimes Section detectives processed the scene for evidence and ultimately traced the drums to the defendants, who were arrested on May 5 and May 13. The Department of Environmental Protection Bureau of Emergency Response also responded.

A separate May 19 indictment charged Joseph Volpe of Mays Landing, with third-degree unlawful disposal of regulated medical waste. The indictment alleges that on March 20, Volpe knowingly disposed of medical waste in an unlawful manner at 130 West Weymouth Road in Vineland. An investigation determined that Volpe allegedly dumped a box containing approximately 2,000 used hypodermic needles in front of a car wash at that location.

A third May 19 indictment charged James Buechler of Elsinboro, with fourth-degree uttering a forged document. The indictment alleges that on Dec. 8, 2008, Buechler falsified a Vineland Environmental Laboratories Certificate of Analysis. An investigation determined that, while attempting to sell a property located at 407 Chestnut Street in Elsinboro, Buechler allegedly forged the data in the certificate, making it appear that the well water on the property had pH and nitrate levels that were within New Jersey DEP and Federal EPA regulations, when, in fact, they were not. The indictment further alleges that Buechler removed the following sentences from the original certificate: “This waster does not comply with NJDEP and Federal EPA limits for potable water supply. This water does NOT comply with NJDEP and Federal EPA Chemical limits for potable water.”

A fourth indictment, which was handed up yesterday (May 20), charged Maryland B. Woods of Newark, with third-degree unlawfully causing a hazardous discharge and fourth-degree unlawful discharge of a pollutant. Woods allegedly violated the Water Pollution Control Act by discharging oil-contaminated water into a sewer located on Pomona Avenue in Newark.

Lyndhurst Police Emergency Squad captain charged with theft May 19, 2010

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The captain of the Lyndhurst Police Emergency Squad, 30-year-old Haniel Lora, has been arrested and charged with third degree theft and fourth degree filing a false police report for allegedly using the squad’s ATM card to withdraw $5,160 from the squad’s bank account after he initially told police the card had been stolen.

According to Police Chief James O’Connor, he met with Lora on May 11 and Lora filed a report saying that the squad’s ATM card had probably been stolen and there were unauthorized withdrawals from the account.  Detectives tracked down the charges in question to ATM machines in New York City where they were able to obtain video surveillance and still photos showing Lora using the card.

Lora came back in on May 18 for an interview and then admitted he used the card to make the withdrawals. Sounds like he needs a good lawyer to work on damage control ASAP.

Story is here.

Van Pelt convicted on all counts May 19, 2010

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As I predicted, Van Pelt was convicted on all counts.  I can’t complain too much about the defense lawyers as they were dealt a tough hand.  However, I do have to wonder why they had Van Pelt testify about conversations he had with Marci Hochman only to call Hochman later who denied those conversations!  That just seems really odd.  It really sunk any chance at that point.

However, the Government argued the obvious: there was no contract or any other proof as to what this payment was for.  I really don’t see how you get around that.

Story is here.

Operation Heat: Over 30 Alleged Mafia Members and Associates Indicted May 14, 2010

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New Jersey Attorney General Paula T. Dow announced the indictment today of two ruling members of the New York-based Lucchese crime family and 32 other members and associates, including alleged current and former top New Jersey capos Ralph V. Perna and Nicodemo Scarfo Jr., on first-degree charges of racketeering, conspiracy and money laundering.

“Operation Heat” uncovered an international criminal gambling enterprise that transacted billions of dollars in wagers, primarily on sporting events, and relied on extortion and violence to collect debts. The indictment also charges a former New Jersey corrections officer and a high-ranking member of the Nine Trey Gangsters set of the Bloods in an alleged alliance with the Lucchese crime family to smuggle drugs and pre-paid cell phones into East Jersey State Prison.

The indictment charges two members of the three-man ruling panel of the Lucchese crime family, Joseph DiNapoli, 74, of Scarsdale, N.Y., and Matthew Madonna, 74, of Seldon, N.Y. The indictment also charges Ralph V. Perna, 64, of East Hanover, and Nicodemo Scarfo Jr., 44, of Ventnor. Perna allegedly became top capo of the New Jersey faction of the family when Scarfo was deposed in 2007.

A warrant has been issued for Scarfo’s arrest but most of the defendants were initially charged and arrested in Operation Heat in December 2007. However, Scarfo and two other men were charged today for the first time in the ongoing investigation. The other two men are Frank Cetta, 71, of Las Vegas, Nevada, who allegedly ran the gambling operation’s Costa Rican wire room, and Gary P. Medure, 56, of New York, N.Y., a close associate of DiNapoli who allegedly managed gambling “packages,” groups of bettors who regularly gambled through the operation.

Three other men named in the indictment were arrested after the initial arrests but prior to today’s indictment. They are Michael A. Maffucci, 24, of Cedar Grove, N.J., Charles J. Bologna, 57, of Port Chester, N.Y., and Robert V. DeCrescenzo, 35, of Port Chester, N.Y. Each of them allegedly managed or assisted in the management of gambling packages.

Each of the first-degree charges of racketeering, conspiracy and money laundering carries a maximum sentence of 20 years in state prison. In addition to those charges DiNapoli, Madonna and Perna were charged with being leaders of organized crime, a second-degree offense.

Most of the defendants – including DiNapoli, Madonna, Perna, Scarfo, Cetta, Medure, Maffucci, Bologna and DeCrescenzo – were also charged with promoting gambling and possession of gambling records, both third-degree offenses.

It is alleged that DiNapoli and Madonna controlled the crime family’s gambling operations and other criminal activities from New York. Both Perna and Scarfo are alleged to have overseen the Lucchese crime family’s operations in New Jersey.

Also indicted were Perna’s three sons, Joseph M. Perna, 40, of Wyckoff, John G. Perna, 32, of West Caldwell, and Ralph M. Perna, 38, of West Caldwell. The sons, led by Joseph, allegedly managed day-to-day gambling operations under their father’s oversight. Two other men who were indicted, Michael A. Cetta, 43, of Wyckoff, and Martin Tacetta, 59, of East Hanover, the former New Jersey underboss for the family, allegedly exercised their own management control over family gambling operations. Tacetta is currently serving a life sentence in state prison as a result of a Division of Criminal Justice prosecution in the 1990s. Michael Cetta, who is Frank Cetta’s son, has close ties to the Lucchese family through marriage.

Joseph Perna, John Perna, Michael Cetta and three other defendants are charged with extortion and aggravated assault, both second-degree offenses, in connection with alleged threats and attempts to use violence against individuals who owed money or tried to take business away from the gambling operation.

The Division of Criminal Justice has seized or restrained millions of dollars in assets of the defendants alleged to be subject to forfeiture as criminal proceeds, including seven homes, 16 bank accounts, 15 vehicles, over $200,000 in cash, and numerous watches and items of jewelry. The indictment alleges that Joseph M. Perna and his wife, Roseanna Perna, 36, obtained approximately $900,000 in mortgage funds through fraudulent loan applications. The indictment further charges various tax offenses against the couple, as well as Ralph M. Perna, Michael Cetta and Vita Cetta, 41, of Wyckoff.

The investigation uncovered an international criminal gambling enterprise that, according to records reviewed by the Division of Criminal Justice, transacted an estimated $2.2 billion in wagers, primarily on sporting events, during a 15-month period.

The gambling operation involved agents or “package holders,” each of whom brought in bets from a group of gamblers. The enterprise and all of its packages involved hundreds or even thousands of gamblers. Records showed that one high-rolling gambler wagered more than $2 million in a two-month period. Those indicted include package holders as well as individuals who allegedly acted as collectors for the operation, collecting and paying out wins and losses.

The illicit proceeds allegedly were divided by the package holders and the members they worked under, such as the Pernas, Michael Cetta, Tacetta and Medure, who in turn made “tribute” payments to the New York bosses, including DiNapoli and Madonna. It is charged that collection operations at times took the form of threats or acts of violence.

The gambling operation received and processed the wagers using password-protected Web sites and a Costa Rican “wire room” where bets were recorded and results tallied.

The prison smuggling scheme allegedly involved inmate Edwin B. Spears, 36, of Neptune, and a former corrections officer at East Jersey State Prison in Woodbridge, Michael T. Bruinton, 46, of Ringoes. Spears was at East Jersey State Prison at the time of the alleged conduct. Also indicted were Spears’ brother, Dwayne E. Spears, 30, of Neptune, and Kristen A. Gilliam, 27, of Farmingdale. Another defendant, Francine Hightower, 52, of Tinton Falls, pleaded guilty on Feb. 21, 2008, to conspiring to launder money.

It is charged that Edwin Spears, an admitted “five-star general” in the Nine Trey Gangsters set of the Bloods, formed an alliance with Joseph Perna and Michael Cetta to smuggle drugs and cell phones into East Jersey State Prison through Bruinton. The alliance allegedly extended beyond smuggling. In one instance, Joseph Perna allegedly sought assistance from Spears to stop an individual associated with the Bloods from extorting money from a man with ties to the Lucchese family.

It is charged that Perna and Cetta would provide money to Dwayne Spears to acquire contraband including heroin, cocaine, marijuana and pre-paid cell phones. Dwayne Spears allegedly would give the contraband to Bruinton to smuggle into East Jersey State Prison. The drugs and cell phones were allegedly distributed to inmates who had previously placed orders through Edwin Spears. Cell phones are prohibited in prison. It is charged that the purchasers paid by sending money orders or checks to individuals including Hightower and Gilliam, who delivered the proceeds to Cetta to “re-invest” in the smuggling scheme. Samuel A. Juliano, 65, of Glen Ridge, is charged with supplying drugs for the smuggling scheme.

In addition to the first-degree charges of racketeering, conspiracy and money laundering, Bruinton, Edwin Spears, Dwayne Spears, Gilliam, Joseph Perna, Michael Cetta and Juliano are charged for the alleged smuggling operation with conspiracy (2nd degree), official misconduct (2nd degree), bribery (2nd degree), and unlawful possession of a cell phone in prison (3rd degree).

As Operation Heat proceeded it yielded evidence that was pursued by the Manhattan District Attorney’s Office in an investigation that culminated on Oct. 1, 2009 with the indictment of 29 defendants, including DiNapoli, Madonna and other Lucchese crime family members, alleged to have run a criminal enterprise that bribed city building inspectors, among other crimes.

In addition to the defendants already named in this press release, the indictment also charges:

John V. Mangrella, 67, of Clifton;
Alfonso “Tic” Cataldo, 68, of Florham Park;
Antonio “Curly” Russo, 73, of Bloomingdale;
Elliot Porco, 47, of Bronx, N.Y.;
Gianni Iacovo, 34, of Elmwood Park;
James Furfaro Jr., 30, of Parsippany;
John N. Turi, 31, of Clifton;
Michael T. Ramuno III, 36, of Philadelphia;
Robert A. Romano, 31, of Brick;
Ron Scrips, 46, of Staten Island, N.Y.;
Shpetim “Tim” Hani, 33, of North Haledon;
Blerim Ibraimi, 29, of Hawthorne; and
George Maiorano, 65, of Belleville.
The indictment charges the defendants as follows:

Count 1 – Racketeering – First Degree
All Defendants

Count 2 – Leader of Organized Crime – Second Degree
Joseph DiNapoli and Matthew Madonna

Count 3 – Leader of Organized Crime – Second Degree
Ralph V. Perna

Count 4 – Conspiracy – Second Degree
Joseph DiNapoli, Matthew Madonna, Ralph V. Perna, Nicodemo Scarfo Jr., Joseph M. Perna, Michael Cetta, Frank Cetta, John G. Perna, Ralph M. Perna, John Mangrella, Gary Medure, Elliot Porco, Martin Taccetta, Antonio Russo, Alfonso Cataldo, Michael Ramuno III, Ronald Scripps, Gianni Iacovo, Robert Decrescenzo, Charles Bologna, James Furfaro, Robert Romano, John Turi, Michael Maffucci, George Maiorano, Blerim Ibriami, Shpetim Hani, Vita Cetta and Rosanna Perna

Count 5 – Promoting Gambling – Third Degree
Joseph DiNapoli, Matthew Madonna, Ralph V. Perna, Nicodemo Scarfo, Jr., Joseph M. Perna, Michael Cetta, Frank Cetta, John G. Perna, Ralph M. Perna, John Mangrella, Gary Medure, Elliot Porco, Martin Taccetta, Antonio Russo, Alfonso Cataldo, Michael Ramuno III, Ronald Scripps, Gianni Iacovo, Robert Decrescenzo, Charles Bologna, James Furfaro, Robert Romano, John Turi, Michael Maffucci, George Maiorano, Blerim Ibriami, Shpetim Hani, Vita Cetta and Rosanna Perna

Count 6 – Possession of Gambling Records – Third Degree
Joseph DiNapoli, Matthew Madonna, Ralph V. Perna, Nicodemo Scarfo Jr., Joseph M. Perna, Michael Cetta, Frank Cetta, John G. Perna, Ralph M. Perna, John Mangrella, Gary Medure, Elliot Porco, Martin Taccetta, Antonio Russo, Alfonso Cataldo, Michael Ramuno III, Ronald Scripps, Gianni Iacovo, Robert Decrescenzo, Charles Bologna, James Furfaro, Robert Romano, John Turi, Michael Maffucci, George Maiorano, Blerim Ibriami, Shpetim Hani, Vita Cetta and Rosanna Perna

Count 7 – Attempted Theft by Extortion – Second Degree
Joseph M. Perna, John G. Perna, Michael Cetta, Gianni Iacovo, James Furfaro and Robert Romano

Count 8 – Aggravated Assault – Second Degree
Joseph M. Perna, John G. Perna, Michael Cetta, Gianni Iacovo, James Furfaro and Robert Romano

Count 9 – Possession of a Weapon for Unlawful Purpose – Third Degree
John G. Perna and Robert Romano

Count 10 – Theft by Deception – Second Degree
Joseph M. Perna

Count 11 – Falsifying Records – Fourth Degree
Joseph M. Perna

Count 12 – Theft by Deception – Second Degree
Joseph M. Perna and Rosanna Perna

Count 13 – Falsifying Records – Fourth Degree
18 months / $ 10,000
Joseph M. Perna and Rosanna Perna

Count 14 – Failure to File Tax Return – Third Degree
Joseph M. Perna and Rosanna Perna

Count 15 – Failure to Pay Gross Income Tax – Third Degree
Joseph M. Perna and Rosanna Perna

Count 16 – Failure to Pay Gross Income Tax – Third Degree
Ralph M. Perna

Count 17 – Failure to File Tax Return – Third Degree
Michael Cetta and Vita Cetta

Count 18 – Failure to Pay Gross Income Tax – Third Degree
Michael Cetta and Vita Cetta

Count 19 – Conspiracy – Second Degree
Joseph M. Perna, Michael Cetta, Edwin Spears, Samuel A. Juliano, Michael Bruinton, Dwayne Spears and Kristen Gilliam

Count 20 – Official Misconduct – Second Degree
Joseph M. Perna, Michael Cetta, Edwin Spears, Samuel A. Juliano, Michael Bruinton, Dwayne Spears and Kristen Gilliam

Count 21 – Bribery – Second Degree
Joseph M. Perna, Michael Cetta, Edwin Spears, Samuel A. Juliano, Michael Bruinton, Dwayne Spears and Kristen Gilliam

Count 22 – Unlawful Possession of Certain Electronic Devices in Prisons – Third Degree
Joseph M. Perna, Michael Cetta, Edwin Spears, Samuel A. Juliano, Michael Bruinton, Dwayne Spears and Kristen Gilliam

Count 23 – Possession of Oxycodone with Intent to Distribute – Second Degree
Samuel A. Juliano

Count 24 – Possession of Cocaine with Intent to Distribute – Second Degree
Samuel A. Juliano

Count 25 – Possession of Cocaine and Oxycodone – Third Degree
Samuel A. Juliano

Count 26 – Certain Persons Not To Have Weapons – Second Degree
Samuel A. Juliano

Count 27 – Unlawful Possession of a Weapon – Third Degree
Samuel A. Juliano

Count 28 – Unlawful Possession of a Weapon – Third Degree
Samuel A. Juliano

Count 29 – Prohibited Weapon – Third Degree
Samuel A. Juliano

Count 30 – Possession of Weapons During Commission of Certain Crimes – Second Degree
Samuel A. Juliano

Count 31 – Prohibited Weapon – Fourth Degree
Samuel A. Juliano

Count 32 – Prohibited Weapon – Fourth Degree
Samuel A. Juliano

Count 33 – Conspiracy – First Degree
All Defendants

Count 34 – Money Laundering – First Degree
All Defendants

9 indicted for accessing Obama records May 12, 2010

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 Nine people were indicted Wednesday on federal charges of accessing President Barack Obama’s student loan records while they were employed for a Department of Education contractor in Iowa.  All are charged with exceeding authorized computer access. They are alleged to  have gained  access to a computer at an office where they worked between July 2007 and March 2009 in order to access Obama’s student loan records.

Those charged are Andrew J. Lage, 54, Patrick E. Roan, 51, Sandra Teague, 54 and Mercedes Costoyas, 53, all of Iowa City; Gary N. Grenell, 58, and Lisa Torney, 49, of Coralville; Anna C. Rhodes, 32, of Ainsworth; Julie L. Kline, 38, of West Branch; and John P. Phommivong, 29, for whom no hometown was listed.

Story is here.

NJ detective accused of exposing himself to girl via webcam May 11, 2010

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Madison, NJ Detective James N. Haspel, of Chatham, was arrested by state police on his way to work Tuesday and charged with second-degree official misconduct, attempting to endanger the welfare of a child, and attempting to transmit obscene materials to a person under 16 years old for allegedly exposing himself via webcam to an undercover detective he believed was a 13-year-old girl and using a computer at police headquarters to communicate with the person he thought was the girl.

The complaint alleges that between December 2009 and May 2010, Haspel transmitted webcam videos of himself with his genitals exposed to a person he believed to be a 13-year-old girl who was actually an undercover detective.  He is charged with official misconduct because he allegedly sent the videos from a hotel in Columbus, Ohio, where he was attending a training conference for the police department, and because he allegedly communicated with the “girl” while on duty at police headquarters using a computer supplied by the borough for official police business.

Story is here.

Retired NJ teacher allegedly viewed child porn at Plainsboro library May 11, 2010

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Donald G. Mettler, of Plainsboro, has been charged with two counts of endangering the welfare of a child.   He is a Boy Scout troop administrator and retired Edison school teacher.  An investigation by Plainsboro police detective Eric Potts and Karleen A. Duca of the Middlesex County Prosecutor’s Office began when Plainsboro police received a call on Friday, May 7, reporting that someone was viewing child pornography on a computer at the Plainsboro Township Public Library.  He was arrested shortly after the police arrived at the library.

Story is here.

Van Pelt testifies at his own trial May 11, 2010

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Looks like Van Pelt’s lawyers have some guts.  The media seems shocked that Van Pelt testified but I think that is because they are just so used to lawyers with no guys.  You have nothing to lose by putting Van Pelt up there.  He is clearly a bright guy and he should make a good witness. 

I really need to hear Van Pelt explain away the cash payment.  If he can explain that away, he has a great shot.  The Government doesn’t seem to have any evidence that Van Pelt did anything to help Dwek here, just the allegation that he was going to.  But I keep having to come back to the meeting at the diner and the lack of paperwork associated with the cash payment.  That just doesn’t make any sense if this is legit.  If everyone here is a real, legit businessman, why can’t they meet at an office, sign contracts and pay with a check?  If I’m the Government, that’s my whole argument to the jury.

Story is here.

Dwek stands up to cross examination in Van Pelt Trial May 10, 2010

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Based upon the news reports, it seems that Solomon Dwek is holding up well in cross examination.  The defense seems to be trying to paint him as a desperate man that will do anything to bribe public officials in an effort to save himself.   Since a lot of this is on video, I’m not sure I would go with this strategy if my client was taking the stand.  I assume Daniel Van Pelt is not going to take the stand even though he probably should.

Through cross examination, it seems like Dwek is getting to testify as to many issues that I find objectionable.  For example, Dwek reportedly said “I walked away from 15-20 other honest public servants”.  How do you know these people are honest?  Who asked him for his opinion on why someone else did something?

According to app.com:

The line of questioning from Gilberti appears intent on establishing that at no time did Van Pelt actually ask for a bribe from Dwek. Moreover, Gilberti contends, Van Pelt did not display any signs of paranoia in Dwek’s company in public, which one would expect from an individual engaged in criminal activity. The defense has argued that Van Pelt believed he had been retained as a paid consultant for Dwek.

That may make sense if your client testifies, but otherwise, the jury is going to be left with some major questions such as:  where is the agreement or even any paperwork to show that this payment was made?, why was it paid in cash?, why were these meetings in a diner?  These are all questions that the jury will have to deal with unless Van Pelt can explain them away.

Story is here.

Craigslist May Hold Key to ID of Suspect in Times Square Bomb Scare May 3, 2010

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Whoever planted the Nissan Pathfinder in New York’s Times Square probably thought that the large explosion would destroy the vehicle to the point where no evidence would be uncovered.  Nevertheless, the would be bomber went to great lengths to hide his identity.  In addition to having fake plates, the person bought the car off of Craigslist for $1500 in cash three weeks ago.  No paperwork was filled out.  Thus, other than being able to provide a description, the seller cannot point to anyone.

However, if the buyer sent an email to the seller to set up the transaction, law enforcement can subpoena Craigslist (which relays the email) as well as the email provider and ISP of the buyer.  Authorities likely already have subpoenas sent out to uncover this data.  If this is a dead end, capturing the suspect will not be impossible but it will be more difficult. 

Story is here.

Update May 4, 2010, 8:00 AM

An arrest was made several hours ago.  The suspect is named Faisal Shahzad.  Early reports are that police used computer and cell phone records to get his ID and picture which was then showed to the seller of the car who confirmed that Shahzad was the buyer.