protecting lives, rights, communities

protecting lives, rights, communities ANNUAL REPORT 2005

Peter C. Harvey, Attorney General of New Jersey Attorney General

First Assistant Office Attorney General Office of of Counter Government Chief of Staff Terrorism Integrity

Division Division Division Division Division Division Division Juvenile Division Racing Division of on of of of of of Justice of Commission of Alcoholic Civil Consumer Criminal Elections Gaming Highway Commission Law State Beverage Rights Affairs Justice Enforce- Traffic Police Control ment Safety

Election Executive New Jersey Office Victims State Law Commission Domestic of of Crime Athletic Enforcement on Security Child Compensation Control Commission Ethical Preparedness Advocacy Board Board Standards Task Force

Office of Counter-Terrorism Division of Criminal Justice Division of Law ❖ Intelligence Gathering/Investigation ❖ Criminal Investigation and Prosecution ❖ Legal Services to Client Agencies ❖ Centralization/Sharing of Intelligence ❖ Federal Grants, Policy and Research ❖ Civil Prosecution ❖ Counter-Terrorism Training ❖ Police Training and Education ❖ Appeals ❖ Infrastructure Protection ❖ Securities and Antitrust Prosecutions ❖ Litigation Practice ❖ Critical Asset Tracking System ❖ State Medical Examiner ❖ Environmental Practice Group Office of Government Integrity Division of Elections Racing Commission ❖ Fiscal Integrity in School Construction ❖ State Voter Registration ❖ Supervising Live Racing ❖ Criminal Matters ❖ Certify and Publish Election Results ❖ Investigations ❖ Professional Responsibility Unit ❖ Certify Voting Machines ❖ Licensing ❖ Attorney General Referrals ❖ State Ballot Questions and Bond Issues ❖ Chemical Testing Program ❖ Audit Pari-mutuel Wagering Division of Alcoholic Division of Gaming Enforcement Beverage Control ❖ Operations Division of State Police ❖ Licensing ❖ Licensing ❖ Highway and Marine Safety and Enforcement ❖ Regulation ❖ Investigations ❖ Target Criminal Activity Enforcement ❖ Enforcement ❖ Intelligence ❖ Homeland Security ❖ Emergency Preparedness and Response Division of Consumer Affairs Division of Highway Traffic Safety ❖ ❖ ❖ Community Outreach/Anti-crime Partnerships Consumer Protection Drunk Driving Enforcement ❖ Intelligence Services ❖ Securities Industry Regulation ❖ Highway Safety Administration ❖ Weights and Measures ❖ Coordination of Federal Funds ❖ Professional Board Oversight ❖ Seatbelt Safety Division on Civil Rights Juvenile Justice Commission ❖ Civil Rights Enforcement ❖ Statewide Coordination of Juvenile Services ❖ Community Relations ❖ Delinquency Prevention ❖ Crisis Intervention ❖ Education & Rehabilitation ❖ Administrative Adjudication ❖ Skills Training ❖ Juvenile Parole Supervision www.NJPublicSafety.com Greetings from

Attorney General the Attorney General Peter C. Harvey Dear Governor Codey, members of the Office of the State Legislature and citizens of New Jersey: Attorney General t has been my privilege to serve as Attorney General for the past three The Office of the Attorney General (OAG), formally known as the Department of Law and years. Our office has broad responsibilities that impact virtually every Public Safety, is committed to making New Jersey III aspect of life in New Jersey, and we take those responsibilities quite safe and secure for all persons who live, work, seriously. This report outlines our efforts in 2005. conduct business and vacation here. Under the direction of the Attorney General, the Depart- The New Jersey Attorney General’s Office, formally known as the Department ment handles many diverse and complex respon- of Law and Public Safety, has the broadest jurisdiction of any Attorney General’s sibilities – all of them focused on protecting lives, property and individual rights. Assisting the At- Office in the nation. We have approximately 9,600 employees spread across 11 torney General in managing OAG’s 9,600 em- divisions, including State Police, Criminal Justice, Alcoholic Beverage Control, Gaming ployees and total budget of nearly $1 billion is a Enforcement, Law, Juvenile Justice Commission, Elections, Highway Traffic Safety, Civil team of experienced and talented administra- Rights and Consumer Affairs and the Racing Commission. We also have principal tors, legal and communications personnel. The Attorney General provides direct legal services authority over New Jersey’s homeland security strategy through my chairmanship of to State agencies and generates rules and regu- the Domestic Security Preparedness Task Force and oversight of the Office of lations governing law enforcement operations. Counter-Terrorism. Our state-appropriated budget exceeds $530 million, and, with Among the units under the auspices of the At- federal grants, approximates $1 billion. torney General are: Administration, Equal Em- ployment Opportunity and Affirmative Action, Our agenda is one of action and innovation. We have implemented system the Office of Government Integrity, the Office of Counter Terrorism, The Domestic Security reforms and brought substantial cases that better protect the public and ensure equal Preparedness Task Force, the Office of State Po- justice. Some of our initiatives are the first of their kind in the nation. Our focus includes lice Affairs, The New Jersey State Athletic Con- mandating statewide police rules and training to prohibit racial and religious profiling in trol Board and the HAVA Implementation Team. both routine police work and counter-terrorism investigations, prosecuting securities fraud cases to protect small investors, environmental enforcement to clean up our • Attorney General Peter C. Harvey cities and suburban neighborhoods, an insurance fraud prosecutor’s office that leads • First Assistant Attorney General, Mariellen Dugan the nation in prosecutions, an agressive voter education program and prosecuting • Chief of Staff, Markus Green consumer fraud cases to protect your hard earned dollars. The result of our work has • William C. Brown, Counsel to the Attorney General • Peter Wint, AAG and Deputy Chief of Staff been system reforms — solutions — having some permanency on issues that matter. • Lawrence M. O’Reilly, AAG. • Paul Loriquet, Director of Communications We pride ourselves on being creative and non-partisan. The pages ahead will give • B. Stephan Finkel AAG & Director/Legislative Affairs • Tracy Munford, Director of Public Affairs you an overview of our enormous responsibility on behalf of the people of New & Community Outreach Jersey. After reading it, I invite you to learn more about our work by visiting the Web • Leland Moore, Deputy Director/Communications • Regina Garb, Director/Citizens Services & Relations sites of our divisions. You can access all of our division Web sites by visiting the main • Paul Kraml, Chief Graphic Designer/Creative Director OAG Web site at www.NJPublicSafety.com. Through the tireless efforts of our • James Nestor, Director/Office of Employee lawyers, investigators and administrative personnel, and through collaborative working & Organization Development • Joi Taylor, Special Assistant to the Attorney General relationships with other state departments, local governments, federal agencies and the • Elisa Hartpence, Exec. Asst. to the Attorney General private sector, we continue to strive to improve the quality of life in New Jersey. • Lani Golowski, Exec. Asst. to the Attorney General • Thomas J. O’Reilly, Administrator • Catherine Farley, Director/Human Resource Mgmt. Thank you for giving me the privilege of serving you. • Robert J. Caccese, Director/Operations Audit • Maria Cardiellos, Chief Information Officer/ Information Technology Services • Raymond J. Hayling II, Chief/Public Safety Peter C. Harvey, Communications Attorney General • Carl Wyhopen, Director and DAG/Internal Controls • Daniel Foster, Director/Finance & Facilities Mgmt. • Carl H. Ruopp, Asst. Director/CAO-Administration Table of Contents

6 Reducing Street Gangs Through Education and Enforcement 3 Homeland Security: Continuous Evaluation, Strengthening Preparedness 6 Complex Homicides: Cullen, McGuire Murder Probes Put New Jersey in Spotlight 9 Prosecuting Public Corruption; Protecting Public Dollars 11 Making Neighboorhoods Safer through Innovative Policing and Consistent Enforcement 14 11 Enforcing the Nation’s Oldest, Strongest Civil Rights Law; Ensuring Equal Treatment 17 Removing Physical Barriers to the Ballot: Polling Site Inspection Initiative Continued in 2005 20 Mandating Even-Handed Policing 22 Office of Bias Crime and Community Relations: 20 Working Against Bigotry and Bullying 25 Fighting for New Jersey’s Environment: Civil and Criminal Enforcement 27 Prosecuting Securities Fraud 29 Protecting New Jersey’s Consumers through Litigation and Awareness 30 Protecting Internet Users, Prosecuting Cyber Crime and Other Web Exploitation 32 30 Leading the Nation in Prosecuting Insurance Fraud 34 Working to Help the Victims of Sexual, Domestic Violence 37 Combating Human Trafficking: Working Collaboratively to Stop Exploitation, Assist Victims 39 NJ VINE: Giving Crime Victims Immediate Information About an Offender’s Custody Status 40 47 Reaching Out: Attorney General Visited Schools to Deter Gang Activity and Violence 41 Making New Jersey Highways Safer: A Matter of Enforcement, Prevention and Engineering 43 Juvenile Justice in 2005: Reshaping Troubled Lives, Ensuring Public Safety 45 Promoting Voter Participation; Ensuring the Integrity of Elections 48 54 Ensuring the Integrity of New Jersey’s Casino Industry; Setting a Worldwide Standard for Gaming Leadership 51 Regulation, Oversight of the Horse Racing Industry 53 Combating Underage Drinking; Working to Ensure Responsible Use, Sale of Alcohol 54 Other Agencies within the Department 57

2 protecting lives, rights, communities

Reducing Street Gangs Through Education and Enforcement

he Attorney General’s Office con- tinued in 2005 to address New T Jersey’s growing gang problem through an effective blend of prevention, en- forcement and education initiatives. The Attorney General’s principal gang pre- vention program, PROJECT VISION, continued to grow. Regarding enforcement, the Attorney Vaughn L. McKoy General’s Office joined with police agencies at Director every level to carry out important sweeps that took gang thugs and their drug-dealing associates off the streets, resulting in the seizure of weap- ons and other illegally-gained contraband and Division of making neighborhoods safer. Public awareness ef- Criminal Justice forts included an award-winning documentary video “Gangs, Guns and Drugs” exploring the Established in 1970, the Division of Crimi- scope, and societal toll, of New Jersey’s gang nal Justice works to protect the rights and problem, and release of the most comprehen- safety of the public. The Division accom- sive gang activity survey ever conducted by a law plishes its core mission in a variety of ways in- enforcement agency in New Jersey. cluding the development of standards for the enforcement and prosecution of criminal Prevention: 2005 Brought New laws, and the investigation and prosecution of unlawful activity including, but not limited to, PROJECT VISION Sites to N.J. public corruption, drug and weapons traffick- On January 31, 2005, Attorney General ing, street gang activity, bias crime, insurance Harvey, Gloucester County Prosecutor Sean fraud and environmental crime. The Division Dalton and former Philadelphia 76ers profes- takes a lead role in promulgating policies re- sional basketball player World B. Free helped lated to all aspects of law enforcement. The launch a new PROJECT VISION site at the Glassboro Division also provides leadership to the 21 Boys & Girls Club in Glassboro, Gloucester County. county prosecutors and other law enforce- This after school program was the second ment agencies to ensure uniformity. PROJECT VISION site opened in New Jersey. A partnership combining the energy and • Director, Vaughn L. McKoy, AAG resources of the Attorney General’s Office, • Deputy Director, Andrew Rossner, participating county prosecutors and a host of AAG - Fraud and Public Protection Bureau community stakeholders, PROJECT VISION • Deputy Director, Ronald Susswein, gives thousands of young people a safe place AAG - Major Crimes Bureau to go after school, and a range of positive, in- • Greta Gooden-Brown, AAG - Insurance Fraud Prosecutor • Patricia Prezioso, AAG - Law Enforcement Services • Jessica Oppenheim, AAG - Prosecutors Supervision & Coordination • E. Robbie Miller, DAG - Policy and Legislation www.NJDCJ.org

Attorney General Harvey with a group of Bridgeton students during a June 2005 PROJECT VISION event held at the Southeast Bridgeton Recreation Center. 3 formative and fun activities to engage them. life experiences. At the session’s end in August Drug Enforcement Administration (DEA). The Established at each new location through a 2005, each participant had an opportunity to de- Monmouth County Prosecutor’s Office, Mercer $50,000 Division of Criminal Justice grant, but his or her “I Am” film for Attorney General County Sheriff’s Department, Hamilton Town- Project Vision has a core mission of providing Harvey and Cumberland County Prosecutor ship Police Department, and New Jersey National lessons and skills that turn young people to- Ronald Casella, as well as to other students, par- Guard also assisted. ward positive life choices, and away from the ents, friends and community supporters. Originally conceived to address escalating false glamour and mythic solidarity of street Attorney General Harvey cited Inspireworks, gang violence in Trenton, Operation Capital gangs. The eight core elements of PROJECT a digital software company, as an excellent ex- City at one point led investigators to cocaine VISION include: personal responsibility, caring ample of a private enterprise committed to work- suppliers in Texas. adults, safe havens, personal safety, academic ing with the public sector to help young people As a result of the investigation, authorities development, life skills, career awareness and make positive choices. Inspireworks specializes in seized cocaine with a street value of nearly $1 community service. The program’s working theme creating digital learning content and hosts its own million. Also seized was more than $285,000, is “Protecting our Future, Preparing our Children.” Digital Video production camp for children ages jewelry valued at $200,000, seven vehicles, and five through 17 throughout the year. In Bridgeton, numerous weapons, including a .45-caliber ❖ Glassboro Site Thompson submachine gun, a 9 mm Intratec Students enrolled in PROJECT VISION at the company provided a “mobile campus” equipped TEC 9 semi-automatic pistol, two shotguns, Glassboro receive personal responsibility lessons with computer stations and studios to enable two rifles and seven handguns. that emphasize decision-making skills, fair play and the “PROJECT VISION” participants to develop Among those arrested as a result of Opera- respect for self, as well as others. Lessons in per- their digital films. tion Capital City were Omar Aikens, 25, of Tren- sonal safety include instruction about the dangers To date there are PROJECT VISION pro- ton. Aikens was reputed to be Trenton’s largest of getting involved with gangs. Community service grams operating in New Brunswick, Glassboro, cocaine distributor, and an area leader of the lessons focus on the spirit of volunteerism and Bridgeton and Plainfield. Additional PROJECT VI- “Sex, Money, Murder” faction of the “Bloods” community pride. A weekly workshop on con- SION sites are planned. PROJECT VISION is co- street gang. Aikens was arrested on federal drug flict resolution is also provided by staff from the ordinated by Joi Taylor, Special Assistant to the charges. He was remanded to federal custody af- Gloucester County Prosecutor’s Office. All pro- Attorney General and Heddy Levine-Sabol, Di- ter a bail hearing before a federal magistrate. Also grams are provided in a safe atmosphere with vision of Criminal Justice. charged was Bernard Green, a/k/a. Petey Black, 23, the help of caring adults, including mentors from of Trenton. Green is the reputed area leader of the Prosecutor’s Office, local law enforcement Enforcement: Gangs, the “Gangster Killer Bloods” faction of the and community organizations. Guns and Drugs Initiative Bloods. Green was previously charged with at- As part of the kick-off event in Glassboro, While prevention efforts are an essential aspect tempted homicide in connection with gang-re- former National Basketball Association star Free of any anti-gang strategy, tough enforcement lated shootings in Trenton on August 28. provided a motivational message to students about actions are also required to ensure that neigh- Assisting in the execution of search and ar- positive alternatives to street gangs, and engaging in borhoods never become hostage to street rest warrants related to the case were the negative behavior. Free, a member of the Sixers gangs and their drug-and-weapons activity. New Jersey State Police Troop “C” TEAMS from 1975 to 1988, serves as Ambassador of Bas- In 2005 the Attorney General’s Office, through unit, and the Washington Township, Hopewell ketball for the NBA team. In that capacity, he visits a variety of agencies and cooperative strategies, Township, Princeton Township and Princeton schools, recreation centers and playgrounds in the continued to keep the pressure on street gangs by Borough police departments. Delaware Valley region teaching the fundamentals arresting members and seizing illegal weapons. Other key enforcement-related efforts in of teamwork, basketball and life. Also on hand for In September, Attorney General Harvey and 2005 included: the Glassboro kick-off event were Philadelphia Division of Criminal Justice Director Vaughn L. ❖ 76ers and Flyers vice-president Dave Coskey and a McKoy announced that 16 people — including re- Bloods host of community activists and parents. puted local leaders and members of the violent The July 2005 arrest of more than 20 people “Bloods” street gang — had been arrested on drug after an extensive investigation in and around ❖ Bridgeton Site Another new launch site for PROJECT VI- and racketeering charges as part of a six-month in- Newark dubbed “Operation Brick House.” SION in 2005 was the City of Bridgeton, in vestigation targeting a multi-million-dollar powder The operation exposed a direct connection Cumberland County. As part of the Bridgeton cocaine distribution network based in Trenton. between street-level heroin sales by the PROJECT VISION effort, organizers developed a The arrests and charges resulted from an ex- Bloods street gang and a Colombian cartel sup- summer program known as the “Adventure tensive, multi-agency probe known as Operation plier. Begun in September 2003, the investiga- Club/Inspireworks Digital Camp.” Through the Capital City, and conducted as part of the Attor- tion resulted in the issuance of arrest warrants initiative, 24 junior and high school students from ney General’s “Gangs, Guns and Drugs” initiative. for 24 persons in New Jersey and New York. Bridgeton and the surrounding area worked to The investigation was led by the Division of Crimi- Operation Brick House also pointed to large- develop digital film projects reflecting their own nal Justice, the Mercer County Prosecutor’s Of- scale heroin distributors operating in the Essex fice, the Trenton Police Department, and the U.S. County area. These individuals were respon- sible for distributing approximately one pound of packaged heroin each week within Newark. The heroin eventually made its way to other locations within New Jersey as well, including New Brunswick, Asbury Park and Paterson. Op- eration Brick House identified a nexus be- tween street gangs, street level drug sales and international drug cartels. A cooperative effort involving State Police, the federal DEA, and the East Orange and Newark Police Departments, Operation Brick House initially targeted alleged heroin sales by Bloods members in and around the Felix Fuld Public Housing Complex in New- ark. The complex, also known as “Little Bricks,” protecting lives, rights, communities had been rampant with violence and drug distri- grams (approximately four pounds) of cocaine ❖ There are more than an estimated 2,300 gang bution run by members of the Bloods street with a street value of more than $100,000 and members in New Jersey under age 15. Statewide, gang. Luis Manuel Antonio Estevez of New more than 11 ounces of processed crack co- 18-to-24-year-olds form the largest single sub- York was identified as a key supplier, allegedly caine. Additionally, more than $10,000 in cash group of gang members, followed by 15-to- selling large amounts of packaged heroin to was seized, along with two illegal handguns. 17-year-olds, and then those older than 24. dealers in Essex County. The same heroin was eventually sold to Bloods street gang members. AG, NJSP Issued State’s Most Education: Award Winning Estevez was arrested by members of the New Comprehensive Gang Survey Yet Anti-Gang Video Jersey State Police Street Gang Bureau and Also in 2005, the Division of State Police re- A powerful gang awareness video created by charged with being the leader of a narcotic dis- leased the results of an exhaustive survey on street the Attorney General’s Office in cooperation tribution network, racketeering and conspiracy. gang activity throughout the state. The survey placed with New Jersey Network (NJN) continued to cir- He was jailed in lieu of $2.5 million bail. Also par- the number of street gang members operating in culate to an ever-widening audience of parents, ticipating in Operation Brick House were the New Jersey at nearly 17,000, and the number of educators, law enforcement members and other Essex County Prosecutor’s Office, federal Immi- gangs at nearly 700. Based on a 2004 State Police community stakeholders, informing them — in gration and Customs Enforcement Administra- Gang Bureau survey of law enforcement personnel visceral terms — about the true nature, and soci- tion, United States Marshall’s Service, New York in the 479 municipalities that maintain full-time police etal toll, of gang activity in New Jersey. Entitled City Police Department, and the Tinton Falls departments — 91% of those departments re- “Gangs, Guns and Drugs,” the video received in- Police Department. sponded — the survey provided the most compre- ternational recognition via several prestigious me- ❖ Latin Kings hensive, law-enforcement-based estimate of street dia excellence awards in 2005, including three The indictment in June 2005 of six members gang membership issued in New Jersey to date. Telly Awards and one award from the intermedia of the notorious Latin Kings Street Gang on In addition to providing a statistical picture of World Media Festival. The video was one of charges including criminal conspiracy, at- the street gang presence in New Jersey, the sur- more than 10,000 entries in the international Telly tempted murder, aggravated assault, and vey offered compelling anecdotal evidence that Awards competition, where it won awards in weapons violations related to the 2004 at- gang activity is on the rise statewide. For example: three separate categories. The Telly Awards is tempted murder of a former gang member. ❖ 28 gangs in New Jersey have more than the premier award honoring outstanding local, re- The charges resulted from a continuing effort 100 members. Those 28 gangs account for gional, and cable TV commercials and programs, as by the Attorney General’s “Gangs, Guns and 56% of all gang members within the state. well as the finest video and film productions. The Drugs” initiative and the Division of State ❖ 22 street gangs were reported to have a Telly Awards annually showcases the best work of Police’s Street Gang Bureau targeting violent female membership of 25% or more. Within the most respected advertising agencies, produc- street gangs operating throughout New Jer- the statewide membership of 16,700 gang tion companies, television stations, cable opera- sey. The indictment resulted from an intensive members, the ratio of male gang members to tors, and corporate video departments in the investigation conducted by the North Bergen female gang members is about 9-to-1 world. At the World Media Festival in Hamburg, Police Department and the New Jersey State ❖ In 39% of responding suburban municipalities, Germany, “Gangs, Guns, and Drugs” won a silver Police Street Gang Unit. The Division of Crimi- police reported the presence of gangs in their intermedia-globe award. Although many Ameri- nal Justice’s Organized Crime & Racketeering towns, an increase of 27% compared to 2001. can videos were entered in the competition, few Bureau coordinated the prosecution. The in- ❖ Approximately 17% of all reported homi- entries from the United States won an award. vestigation focused on the August 2004 stab- cides in New Jersey involved gang members. View the video at www.NJGangFree.org. bing and slashing of a former gang member by local chapter leaders and fellow members of the Almighty Latin King and Queen Nation Division of Criminal Justice Statistics street gang operating in Jersey City. 1,000 ❖ Other Gangs Total Indictments/Accusations The arrest, in March 2005, of 12 members of Total Defendants an organized drug trafficking cartel based in Total Convictions 947 and around Pleasantville, Atlantic County. 875 873

Members of the cartel were allegedly respon- 849 sible for operating and controlling a major 750 844 portion of the powder cocaine and “crack”

cocaine trade in the Pleasantville/Atlantic City 711 699 area, parts of lower Camden County, and 680 668 658 649 631 parts of Cumberland County. Known as 630 “Operation Pleasant Streets,” the investiga- 500 575 tion focused on a group that had increased 544 525 515 its illicit narcotics dealing activities after a suc- 506 cessful raid by state and local agencies, in March 2004, had resulted in the arrest of 22 persons trafficking in cocaine and marijuana out of the Stanley Holmes public housing development 250 in Atlantic City in 2004. Operation Pleasant Streets was a collaborative effort between the Atlantic County Prosecutors’ Office, Pleasantville Police Department and the Divi- sion of Criminal Justice within the Attorney General’s Office. “Operation Pleasant Streets” 0 also resulted in the confiscation of two kilo- 2000 2001 2002 2003 2004 2005 5 Homeland Security: Continuous Evaluation, Strengthening of New Jersey’s Preparedness

n 2005, disastrous events — both vulnerable, and we must be ready to deal effec- contrived and real — tested the tively with a terrorist attack or other disaster.” III domestic preparedness and emer- The State put its preparedness capabilities to gency management resources of the New Jersey an unprecedented test in 2005 by participating Attorney General’s Office like nothing had in TOPOFF 3 (Top Officials 3), a rigorous, week- tested them before. long preparedness exercise involving not only In the end, it was an experience that demon- New Jersey, but Connecticut, Washington, D.C., strated both the exceptional capabilities of New the United Kingdom and Canada. Jersey’s emergency response systems and the ad- Mandated by Congress and overseen by the U.S. vantages of having a unified system of law enforce- Department of Homeland Security, TOPOFF 3 ment and emergency response in New Jersey. was the most comprehensive terrorism response The Attorney General’s Office continued to exercise ever conducted in the United States. work with other agencies of government and Agencies within the Attorney General’s Of- the private sector in developing, and putting in fice that took part in TOPOFF3 included the place, innovative strategies for protecting New State Police, the Office of Counter-Terrorism, Jerseyans in their homes, at school, when travel- the Domestic Security Preparedness Task Force ing and elsewhere. and the Division of Criminal Justice. “In a post September-11 world, there is no The massive exercise — and an earlier, table- question that our leading priority continues to top “cyber exercise” to explore potential terror- be domestic preparedness and emergency readi- ism-linked breaches of information technology — ness,” said Attorney General Harvey, who serves also involved many other agencies of government as Chairman of the Domestic Security Prepared- and law enforcement. Those agencies included ness Task Force. “Owing to a variety of factors the New Jersey Department of Health and Se- — our state’s high population density and diver- nior Services, the Office of Information Technol- sity, our industrial base, our ports and roadways, ogy within the Department of Treasury, the FBI, our coastal Shore resorts and our status as a glo- the federal-state Regional Computer Forensics bal vacation destination — New Jersey is uniquely Laboratory (RCFL) in Hamilton, and a host of

Homeland security requires around the clock vigilance aimed at protecting both New Jersey’s people and vital infrastructure. In photo at right, a State Police helicopter flies past a nuclear power plant. Below, a State Trooper conducts a security check at a train station in Trenton.

6 protecting lives, rights, communities www.nj.gov/oag/dsptf Domestic Security Preparedness Task Force Chaired by the Attorney General, the Domestic Security Preparedness Task Force was created by the New Jersey Domestic Security Preparedness Act of 2001. Previously, there had been no Cabinet-level entity dedicated to the overall planning, coordination Sidney Caspersen and oversight of New Jersey’s homeland security efforts. By establishing and helping to maintain a co- Director operative effort among government agencies at all levels — and by working closely with officials in pri- vate industry at the same time — the Task Force has fostered unity in coordinating New Jersey’s homeland-security-related initiatives. The preparedness-related work of the Task Force is crucial, be- cause New Jersey is a hub of transportation and commerce, a “corridor state” for travelers, and a Office of Counter- popular destination for vacationers, as well as those visiting educational, cultural, and recreational sites. Terrorism Established by Executive Order in 2002, the New Jersey Office of Counter-Terrorism (OCT) reports to the Attorney General and comple- other local, state and federal entities. communications efforts. In addition, the sprawl- ments the Domestic Security Preparedness Task The fictional, but compelling, premise for ing TOPOFF 3 demonstrated that authorities Force. It provides the State with a centralized TOPOFF 3 was that intelligence had been inter- had no reliable way to seal New Jersey’s borders, agency to evaluate threats to New Jersey. The cepted suggesting terrorists were on the verge of control traffic, or evacuate a large number of OCT’s mission is described in the Executive Or- carrying out a biological attack in New York City. people in a compressed period of time. der that created it as “identifying, detecting and As part of the mock-disaster scenario, the terrorists Despite the problems, Attorney General Harvey deterring terrorist activity” by focusing on intelli- realized at some point that their plan had been un- deemed the exercise to be a success because it gence-gathering and analysis, investigations, train- covered and, as a result, resorted to another strat- showed that many protocols and response mecha- ing and helping to protect critical infrastructure. egy — one that involved the unleashing of a deadly nisms currently in place are effective, while clearly de- OCT’s work falls into four main categories: Train- plague on a college campus in northern New Jer- lineating what improvements needed to be made. ing Initiatives, Investigation/Intelligence Initiatives, sey. The plague rapidly spread throughout the Infrastructure Protection and Information Sharing state, flooding hospitals with seriously ill patients and Best Security Practices and Outreach. requiring the declaration of a State of Emergency. Initiative with Private Industry To deal with the anticipated need, antibiotics were One of the key initiatives undertaken by the • Sidney J. Caspersen, Director requested from the national stockpile. Domestic Security Preparedness Task Force is • Edward Curran, Deputy Director As part of the exercise in New Jersey, “pa- development — in partnership with the private • Angela Labelle, Chief of Staff tients” flooded emergency rooms at many major sector — of Best Security Practices to protect hospitals, gas-mask-wearing emergency responders the industries and infrastructure that are vital to www.nj.gov/oag/oct performed search and rescue operations, and top New Jersey’s economy and quality of life. officials within key public agencies were called on to The public-private collaboration that is cen- 7 make difficult decisions regarding such issues as tral to developing and maintaining “best prac- intelligence sharing, deployment of personnel, at- tices” is achieved largely through liaison between tempts to avoid further spread of the pneumonic the Task Force and the Infrastructure Advisory plague, and handling of the “ill” and the “dead.” Committee (IAC). Although the TOPOFF 3 exercise was chill- The IAC is made up of 20 industrial sector ingly authentic in appearance and execution, the groups including, but not limited to, representa- event was well publicized in advance, and went off tives of such industries as construction, nuclear without creating serious public concern or panic. facilities, telecommunications, transportation, In the aftermath, New Jersey’s TOPOFF re- health care, agriculture, schools, food, chemical sponse effort was praised for its overall quality by manufacturing and pharmaceuticals. the U.S Department of Homeland Security. The IAC sector groups focus on developing However, the exercise did provide evidence of and implementing specific measures — “best prac- certain systemic and other shortcomings. This was not tices” — to prevent, respond to and recover from particularly surprising or troubling news, since identify- potential terrorist activities. On a continuing basis, ing areas of need so New Jersey could be better the Domestic Security Preparedness Task Force poised to respond to a real terrorist attack was works with the private sector in ensuring the primary objective of TOPOFF 3 from day one. industry-wide compliance with these best practices. Specifically, it was learned that medical exam- In November 2005, the Task Force issued an iners were not available 24 hours a day, a serious order requiring implementation of “Best Prac- liability if the state had been under genuine attack. tices Standards” for 165 chemical facilities that It was also recommended that morgues be moved out of hospitals because, in a real-life scenario, plague-infected corpses would have been occu- pying the same facility as people being treated During a domestic preparedness for the plague. Communications problems also exercise, law enforcement officers, cropped up — typically involving the length of firefighters and other emergency time involved in conveying critical information — personnel work together to provide leading to the conclusion that state, federal, local an effective response under and private sector entities must streamline their secure conditions. 7 process extraordinarily hazardous substances. The order also requires facilities to review whether they can substitute less toxic materials in their processes and to involve workers and their collective bargaining representatives in se- curity activities. This enforceable order will pro- vide the public and workers greater protection from potential terrorist acts. Public Safety Communications Officer In 2005, Attorney General Harvey appointed the state’s first Chief Public Safety Communica- tions Officer, a position designed to improve and coordinate New Jersey’s public safety communi- cations planning, funding and “interoperability” systems. The new position represents New AG Harvey announces the Uniform Lawyer Identification Card Initiative at a December 2005 press Jersey’s commitment to ensuring communica- conference in the NJ State Bar Association Law Center Library, New Brunswick . tions “interoperability” — the ability of public safety agencies to communicate across jurisdic- tions and disciplines when needed. The Chief Public Safety Communications Officer appointee Uniform Lawyer Identification Card is Raymond Hayling II. On January 19, 2005, State officials demonstrated technological solutions Initiative Makes Courthouse ID designed to enable personnel from different agencies and first-responder disciplines to com- Screening More Efficient, Reliable municate with each other using their existing ra- dio equipment. During a demonstration held at As part of its ongoing commitment to reviewing security measures at public buildings and, where Jersey City’s Emergency Operations Center, first appropriate, strengthening them, the Attorney General’s Office, the New Jersey Bar Association responders from federal, state, local and other and County Sheriffs in 2005 announced the development of a uniform identification card for all at- agencies engaged in successful “interoperable” torneys to display when entering courthouse facilities. The new, standardized card is expected to radio communication. Led by Hayling, 12 differ- make verifying the identity of lawyers licensed to practice in New Jersey easier for County Sheriff’s ent agencies were connected by tuning to as- personnel. (Sheriff’s officers provide courthouse security for the state Superior Courts in each of signed frequencies in their own band that are New Jersey’s 21 counties.) Currently, there are 21 different lawyer identification credentials in use then connected through a central dispatching throughout the state. Those credentials vary depending on where they were issued, causing occa- center. The 12 agencies represented federal, sional confusion, and sometimes resulting in delays for attorneys entering courthouses. county, state and municipal governments, and According to Attorney General Harvey, the idea for a standardized lawyer identification each operated on different radio frequencies card was born out of discussions with the New Jersey Bar Association, the County Sheriffs As- among the 800 MHz, UHF and VHF spectrums. sociation and the Administrative Office of the Courts. The new, uniform identification card re- Prior to the January 2005 public demonstration, places the county-bar-association-issued cards currently in use by private attorneys. the system had been tested with more than 40 The new identification system does not give lawyers an imprimatur to bypass security pro- agencies, including the New York City Office of cedures, Attorney General Harvey noted. Rather, it allows sheriffs’ officers to establish separate Emergency Management, the FBI, the NY/NJ lines or entrances for attorneys while maintaining a consistent level of security screening. The sys- Port Authority and other New Jersey public tem is intended to provide a more efficient lawyer entry process, thus limiting security-related safety entities. logjams that can delay pending cases before juries and judges. Completion of School Security Audit Initiative Launched in January, the Governor’s School New Jersey’s 21 County Prosecutors’ Offices Security Initiative was a major priority of the Attor- coordinated and tracked the audits. Within six ney General’s Office. As a result, the State Police months, the Homeland Security Branch of the Infrastructure Security Unit was deployed to work Division of State Police completed security audits with the New Jersey Department of Education and at 3,350 schools. Information collected in the au- the Office of Information Technology to create a dits led to the creation of key recommendations comprehensive checklist of school security mea- for strengthening security measures at New Jersey sures, and to establish the program by which every public schools. (A second phase of survey activity school in New Jersey would be visited and audited was also to be conducted focusing on private by law enforcement and school officials. schools throughout the state.) As part of the State Police and Department of Education statewide school security initiative, State Police officials worked with local police departments to provided — and continue to provide — guid- identify 45 D.A.R.E. and School Resource Offic- ance and training with regard to school visitor ers who would train local officials to perform the access policies, the handling of bomb threats and security audits. In 60 training sessions, those offic- suspicious packages, and creation and enhance- ers trained more than 1,000 local law enforce- ment of contingency action plans. 8 ment officers and 1,200 school officials. protecting lives, rights, communities Complex Homicides: Cullen, McGuire Murder Probes Put New Jersey in Spotlight

ogged investigative work, cooperative — in 2003 while working in the critical care unit at effort and law enforcement leadership Somerset Medical Center. He also pleaded guilty D were key ingredients in 2005 as the to taking the lives of three patients in 1993 while Attorney General’s Office coordinated two working at Warren Hospital in Warren County. murder investigations that, because of their ex- (Six additional murder charges were filed against traordinary nature, were reported by news me- Cullen by authorities in Lehigh County, Pa., in mid- dia around the nation and around the world. October 2005). As part of his plea agreement, Cullen agreed Cullen Case: Attorney to provide full disclosure regarding murders he General Harvey Interrogates may have committed while employed as a stu- dent nurse or licensed nurse at 10 medical facili- Admitted Serial “Killer Nurse” ties located in five northern New Jersey coun- Although the Attorney General’s Office was ties, and two eastern Pennsylvania counties be- tireless in its pursuit of justice in the McGuire tween 1984 and 2003. homicide case, it remained equally committed He also agreed to provide information that in 2005 to pursuing justice — and future rem- would assist health care facilities in improving se- edies — in the case of former hospital nurse curity and operating procedures – particularly and admitted mass murderer Charles Cullen. involving patient access and medications. Cullen was apprehended by the Somerset County In May 2005, Attorney General Harvey person- Prosecutor’s Office led by Prosecutor Wayne Forrest. ally met with Cullen over three days to gather infor- As a result of a multi-state investigation and mation from the accused serial killer on how hospi- plea negotiations led by the Attorney General’s tals can prevent “angel of death” killings in the future. Office, Cullen entered into a “global” plea agree- Cullen has said he may have killed as many ment in 2004 in which he admitted to murdering as 40 patients, typically by injecting them with lethal a total of 16 hospital patients in two New Jersey doses of readily available medications. He was fired counties. Cullen pleaded guilty to murdering 13 or resigned from five patient care facilities – including patients — and attempting to murder two others his first job – while his actions were under investi- gation. In some cases, hospitals did not notify law McGuire was arrested in Metuchen for mur- techniques and is an example of what can be enforcement authorities about their suspicions, or dering her husband. She was arrested on June 2, accomplished by a veteran homicide prosecu- disclose them to other potential employers who 2005 by New Jersey State Police Detectives tor, detectives, investigators, and forensic scien- contacted them about Cullen. and investigators with the Division of Criminal tists doggedly pursuing justice,” Attorney Gen- Based on his discussions with Cullen, Attorney Justice after her car was stopped by a marked eral Harvey said. General Harvey said the most significant issues State Police cruiser. The investigation was coordinated by Assis- confronting health care officials and government The nature of the homicide was extraordi- tant Attorney General Prezioso, of the Division regulatory agencies include: employee screening narily brutal. The victim, William McGuire, was of Criminal Justice, Lt. Paul Morris of the New practices, controlling access to medications (par- shot in the head and chest and dismembered. Jersey State Police Major Crimes Unit, and ticularly lethal ones), and devising systems that But there were other extraordinary factors as Deputy Chief State Investigator Joseph Buttich, employees will understand provide “a certainty of well. A nurse, McGuire was the mother of two Division of Criminal Justice. The investigation detection” should they attempt to harm patients. young sons — ages 4 and 5. She had been was conducted by State Police Det. Sgt. David Once interviews with the admitted serial killer are taken into custody only moments after drop- Dalrymple, of the State Police Major Crime complete, information and perspective provided ping their children off at day care. McGuire had Unit and State Investigator Donald Macciocca by him will help form the basis of recommenda- acknowledged being involved in an affair with a of the Division of Criminal Justice, along with tions to the New Jersey Board of Medical Examin- doctor at the fertility clinic where she worked. specialized investigators from both agencies. ers, and the state Nursing Board. And, in yet another soap-opera-like develop- The Middlesex County Prosecutors Office, the As 2005 wound to a close, investigations into ment, an anonymous letter turned up following Woodbridge Police Department, the Virginia whether Cullen should be charged with addi- McGuire’s arrest suggesting to law enforcement Beach Police Department, and the (Virginia) tional patient murders were continuing in several – and at least one newspaper – that McGuire Commonwealth’s Attorney provided investiga- New Jersey counties including Essex and Morris. had been framed by a relative of her murdered tive assistance. There was no formal sentencing date yet estab- husband. The letter was delivered to the Divi- Melanie McGuire is charged not only with lished for Cullen, who avoided the death penalty sion of Criminal Justice, but Assistant Attorney murdering her husband, but with perjury. The per- by pleading guilty and agreeing to cooperate General Patty Prezioso maintained in court that jury charge is related to her seeking a court order, with prosecutors and health care officials. the State had sufficient evidence to suggest the ostensibly to protect her from her husband, when suspect, Melanie McGuire, had penned it herself. she allegedly knew he was incapacitated or dead. McGuire Murder: Attorney General Harvey highlighted the An investigation into the possible involvement of Cutting-Edge Forensics hard work and cooperative effort of a number accomplices in the murder continues. and Careful Investigation of law enforcement agencies in New Jersey and Virginia. Moreover, he cited the McGuire case In June 2005, Attorney General Harvey an- as another example of how the effective appli- nounced the arrest of Melanie McGuire, the wife of cation of cutting-edge technology is making a a murdered Middlesex County man whose remains difference in solving crimes. had been discovered a year earlier in three suit- “This intensive ‘cold case’ investigation uti- cases found along the coast in Virginia Beach, Virginia. lized the latest criminal forensic investigative Publicity regarding the McGuire case was so heavy that it received national coverage including a feature in People Magazine.

10 protecting lives, rights, communities

Prosecuting Public Corruption; Protecting Public Dollars

n January 2005, State Assemblyman lantic Realty, which was used to pay for land- sions. In addition to charging that Vincenti Anthony Impreveduto was sentenced scaping services at his Ocean County residence. sought and accepted money from a devel- III to five years probation and a $10,000 Atlantic Realty manages various housing devel- oper, the original State indictment against him fine for misusing campaign funds. opments in the Old Bridge Township area in- alleged that, when Vincenti learned the Divi- A 17-year veteran of the New Jersey Legisla- cluding Matchaponix Hills, Matchaponix Estates sion of Criminal Justice was seeking financial ture, Impreveduto was required to step down (Rocky Creek), and Presidential Estates. In his records and documents concerning his activi- from his Assembly seat, barred from any future official capacity in Old Bridge Township gov- ties, he tried to thwart the investigation and public employment, and ordered by the Court ernment, Vincenti supervised the township en- induce potential witnesses to lie to a State to repay $50,000 in campaign funds that he ad- gineering, planning and code enforcement divi- grand jury. Vincenti was scheduled to be sen- mitted using for such personal expenses as vaca- tion junkets, income taxes and a family wedding. Throughout 2005, the Attorney General’s Public Corruption Case Statistics Office, through its Division of Criminal Justice, State Police and Office of Government Integ- rity, continued to prosecute government offi- Indictments/Accusations cials, members of law enforcement and others 35 whose actions betrayed the public trust — 35 Defendants and cost taxpayers money. 30 Old Bridge Township 30 Corruption Probe On December 15, 2005, John P. Vincenti, 25 25 former Director of Community Development/ 24 Township Engineer for Old Bridge Township, Middlesex County, pleaded guilty to a third- 22 22 21 degree State charge of unlawfully receiving gifts 20 by a public servant. As part of a plea agreement with the Division of Criminal Justice, Vincenti admitted to seeking — and receiving — finan- 17 cial favors from a local developer. The indict- 15 ment charged that, from May 2003 through August 2003, Vincenti solicited and received $3,800 from a development firm known as At- 10

These statistics show a 5 6 6 consistantly high level of productivity by the Division of Criminal Justice in prosecuting public corruption cases. 0 2001 2002 2003 2004 2005

11 tenced in February 2006, facing a maximum to official misconduct. Joanne Tricarico, 56, of evidence in an ongoing murder investigation. of five years in State Prison, a fine of up to Lincoln Park, pleaded guilty on May 3, 2005 to a As a crime scene investigator, Cosgrove was $15,000, and permanent debarment from criminal Accusation charging official misconduct required to process and photograph crime public service. and theft by deception. In pleading guilty, scenes involving homicides, carjackings, police The Vincenti indictment stemmed from an Tricarico acknowledged that while employed as shootings, and other first-degree crimes. The on-going investigation focused on allegations of the Bloomfield municipal Personnel Director, she indictment alleged that, at a homicide scene in bribery and corruption related to the Old Bridge was responsible for managing a publicly-funded 2002, more than $8,000 cash was found in the Township engineering and code department. The health insurance benefit account for township pockets of the victims’ pants by Investigator investigation, conducted by state investigators as- employees. The account was designed to reim- Cosgrove, and that he took the money. (The signed to the Division of Criminal Justice’s Anti- burse township employees for pharmacy costs murder victim was identified as Dennis “The trust and Procurement Fraud Unit, targeted addi- and prescription drugs. Tricarico admitted that, Grip” Fiore.) In 2003, the New Jersey State Po- tional allegations that public employees solicited between January 1997 and March 2004, she lice and the Division of Criminal Justice’s Orga- money or favors from developers, contractors, wrote checks for personal use from the phar- nized Crime and Racketeering Bureau took and others doing business in the township in ex- macy account and attempted to cover up the control of the Fiore homicide investigation. change for expedited or favorable service and rul- thefts by making fraudulent entries in transaction The State’s subsequent indictment charges ings on applications, permits and inspections. journals used to record withdrawals from the Cosgrove with falsifying official police investiga- In March 2005, a second Old Bridge Town- pharmacy reimbursement account. As part of tion and evidence reports to conceal his theft ship official, Engineering Inspector Barry C. Bow- her sentence, Tricarico was ordered by a state of the money. ers, was indicted. Bowers, of Point Pleasant, was Superior Court Judge to pay restitution of The Cosgrove indictment came in the wake charged with two counts of second degree offi- $482,578 — the total amount she embezzled of ongoing investigations targeting corruption cial misconduct, three counts of acceptance or between January 1997 and March 2004. and misconduct in the Newark Police Depart- receipt of unlawful benefit by a public servant, ment. Three Newark police officers were in- and six counts of gifts to a public servant. Essex County Investigator dicted by the State on misconduct-related As Engineering Inspector for Old Bridge, Charged With Theft of criminal charges in 2004. Another Newark of- Bowers was responsible for the permitting func- ficer pleaded guilty in 2004 to targeting certain tions of the department, including fee assess- Cash from Corpse criminal offenders for extortion and theft. ment and collection, applications and plan re- In 2005, the Attorney General’s Office view, permit issuance, inspection and occupancy. charged an Essex County Prosecutor’s Office New Charges Against The State’s indictment charges that, at various investigator, 33-year-old John J. Cosgrove, with Top Official in Commerce times from 1999 through 2003, Bowers used his stealing money entrusted to him through his government position to solicit and receive gifts position as a crime scene investigator — Commission Probe and favors for himself and others — including money that should have been secured as In July 2005, Attorney General Harvey an- top-of-the-line kitchen cabinets and nounced that an ongoing Division of Criminal countertops, Andersen brand windows, a fur- Justice investigation targeting public corruption nace and a garage door — valued at more than in the cabinet-level New Jersey Commerce and $27,000 from developers and/or contractors Economic Growth Commission had resulted in doing business in Old Bridge. As of this writing, additional criminal charges against Lesley the Bower indictment remains pending. Devereaux, the Commission’s former chief-of- staff and vice-president of operations. Ex-Bloomfield Personnel Specifically, a state Grand Jury indictment Director Sentenced to charged Devereaux, of Piscataway, with theft by deception, tampering with public records, and Prison for Embezzlement forgery. Devereaux had already been indicted The former Personnel Director for in December 2004 on charges of official mis- Bloomfield, Essex County, was sentenced to a conduct. The 2005 charges resulted from a five-year State Prison term and ordered to re- continuing investigation by the Special Prosecu- pay the municipality nearly $500,000 in em- tions Bureau within the Division of Criminal Jus- bezzled public funds after pleading guilty in 2005

12 protecting lives, rights, communities tice. The probe uncovered new evidence that Howell Township, Monmouth County. (His Devereaux – using an alias — had applied employment was terminated.) His alleged fraudulently for food stamps through the crimes took place between December 2003 Middlesex County Board of Social Services. and December 2004. In addition to charges The indictment alleged that Devereaux, a of stealing bus parts and auctioning them, licensed attorney in New Jersey since 1989, col- Deleeuw is also accused of trying to conceal lected nearly $2,000 in food stamps from Oc- the thefts and obstruct the State’s investiga- tober 2000 through May 2001. During that pe- tion by, among other things, returning sto- Tracy Thompson, riod, Devereaux and her spouse allegedly len parts to inventory. The indictment re- Acting Director earned $60,000 in household income, all the sulted from an investigation initiated by NJ while failing to report significant financial assets Transit Police into the apparent removal of including the contents of several bank accounts. an excessive number of replacement bus Office of Devereaux remains free on bail while awaiting parts from inventory at the Howell garage. further court proceedings. The original, Decem- ❖ Government ber 2004 indictment against her charged that she Office of Government Integrity used her high-ranking government position to obtains guilty plea from school Integrity benefit herself and several family members. construction contractor — The Office of Government Integrity was cre- Other corruption-related case highlights In October 2005 Manny Bana, a former ated by Attorney General’s Administrative Execu- from 2005 included: school construction contractor once based in Somerset County, pleaded guilty to crimi- tive Directive in 2002. The agency consists of four ❖ Three guilty of defrauding the nal charges related to the embezzlement of units including: Fiscal Integrity in School Construc- Department of Community Affairs — nearly $1 million in public funds earmarked tion, Professional Responsibility, Criminal Matters In September 2005, three defendants — for school construction and renovation and Attorney General Referrals. The Fiscal Integ- including a nurse, a waitress and a Certified rity in School Construction Unit is charged with projects in Edison Township. Bana, 38, Public Accountant — pleaded guilty to ensuring integrity in the financing and construction pleaded guilty in Superior Court in State charges that they participated in a of school facilities, and the implementation of the Middlesex County to one count each of scheme to defraud the New Jersey Depart- State’s Educational Facilities Construction and Fi- making false contract representation for a ment of Community Affairs (DCA) of nancing Act (EFCFA) — the largest public works government contract, and theft of funds by more than $33,800 in public monies ear- program in New Jersey history. Under the pro- failure to make required disposition. Both marked to prevent individuals and families gram, the State is spending up to $8.6 billion to counts represent second-degree charges from losing their homes. The indictment build and renovate public schools through the resulting from an investigation by the Attor- was the result of an investigation focused New Jersey Schools Construction Corporation ney General’s Office of Government Integ- on an alleged conspiracy to file false appli- (SCC). As part of its regular duties, the Fiscal In- rity (OGI). As the result of a plea agree- tegrity in School Construction unit does integrity cations for financial benefits through DCA’s ment, Bana is expected to receive a five- screening related to the pre-qualification of con- Homelessness Prevention Program. The year State Prison term, and to be ordered tractors and professionals seeking to handle SCC- Homelessness Prevention Program provides to pay an as-yet-undetermined amount of funded school construction and renovation work. grants to eligible individuals and families who, restitution and fines. In 2005, the OGI completed more than 1,000 pre- through no fault of their own, are in jeop- Bana was the sole owner and operator qualification investigations and opened 220 new ardy of becoming homeless. The defendants of the Somerville-based Icon Construction cases. The OGI’s Professional Responsibility Unit were accused of falsifying applications for fi- Corp., a company hired by the Edison monitors compliance by the Attorney General’s nancial benefits made available by DCA be- Township Board of Education in December Office, and County Prosecutors’ Offices, with the tween January and August 2004. 2002 to act as primary contractor on nine Attorney General’s Internal Affairs Policy & Proce- The three individuals who pleaded guilty different public school construction projects dures Manual. OGI is authorized to conduct op- were ordered by a Superior Court Judge to throughout the Edison district. The projects erations audits of internal affairs units in order to pay full restitution of $33,859 to the DCA. identify systemic problems, find ways to eliminate were funded in part by the New Jersey At the time of the guilty pleas, one defen- actual or apparent conflicts of interest, and to as- Schools Construction Corporation (SCC). dant was admitted into Pre-Trial Interven- sure the integrity of internal affairs investigations. An investigation by OGI revealed that Bana tion. A second defendant was sentenced While the Division of Criminal Justice is the stole by accepting payments as primary con- to probation. A third defendant was directed Attorney General’s principal investigative and tractor on the Edison school construction to forfeit her CPA license. That defendant, prosecutorial agency for criminal matters, the jobs, then withholding payment to six sub- who was a landlord and the owner of four OGI’s Criminal Matters unit has authority — contractors hired to help with the work de- corporations charged in the case, was ordered and law enforcement powers — to investigate spite representing that he had paid those to forfeit $101,000 as part of the sentence and prosecute cases as well. The Office of subcontractors. Attorney General Harvey imposed upon her and the corporations. Government Integrity also handles other mat- noted that, while contractors failing to pay ters assigned to it by the Attorney General. ❖ NJ Transit employee indicted — subcontractors is not a new problem, this is While these referrals do not fall into any one In April 2005, New Jersey Transit employee the first successful criminal prosecution of a category, most involve fact-finding reviews or Douglas Deleeuw was indicted on charges contractor by the State for such conduct. investigations into conduct by government of- related to the theft of more than $23,000 Bana was indicted in connection with his ficials or government agencies. in bus parts, and the sale of those stolen Edison crimes in late March 2005. He turned parts via the Internet. The State Grand Jury himself in shortly thereafter. At this writing, • Acting Director, Tracy M. Thompson indictment charged Deleeuw with official Bana is free on $25,000 bail pending formal • William Newsome, Chief Investigator misconduct and other corruption-related sentencing in early 2006. charges. Deleeuw is a former stock clerk at www.nj.gov/oag/ogi the New Jersey Transit Garage located in 13 Making Neighborhoods Safer through Innovative Policing and Consistent Enforcement

mploying a variety of strategies, the Partnership had made nearly 900 arrests for the year, Attorney General’s Office worked recovered 15 firearms, seized more than $71,000 in E effectively with local and county level illegally-gained cash, confiscated more than $109,000 law enforcement in 2005 to protect urban worth of narcotics, and towed 223 abandoned neighborhoods. vehicles. Since it was first deployed in May 2002, the Camden anti-crime detail has been respon- Camden Anti-Crime Partnership, sible for nearly 7,700 arrests, the seizure of 150 handguns and other firearms, confiscation Police Reforms Make Difference of $1.6 million worth of illegal drugs, recovery A small city made up of diverse neighborhoods, of $712,000 in cash, and the towing of 2,650 Camden has been afflicted for decades by prob- abandoned vehicles. lems with violence, drug activity and other crime — typically on a scale disproportionate to its size. Attorney General Restructures Recently, the city has been in the midst of a down- Camden Police Department town and waterfront revitalization, making efforts to improve the public safety climate and quality of In January 2005, Attorney General Harvey es- life in Camden neighborhoods even more vital. tablished the Attorney General’s Commission on Enter the Camden Anti-Crime Partnership. Camden Public Safety to evaluate the core police Made up mostly of New Jersey State Police per- work of the Camden Police Department, and rec- sonnel — about 40 of the 60 partnership members ommend improvements. As part of the effort, the are Troopers — the partnership also includes per- Attorney General appointed well-known criminal sonnel from the Camden County Prosecutor’s Of- justice professionals from around the country as fice, the Camden County Sheriff’s Department, members. He also sought out the assistance of the Camden City Police department, the Delaware Rutgers Police Institute to gather information and River Port Authority Police Department (DRPA) data required by the Commission. and federal agencies. Its principal mission is to im- The Commission worked collaboratively in prove the quality of life throughout Camden by 2005 with the Attorney General’s Office, the regularly conducting undercover, street-level drug Camden County Prosecutor and the Camden Po- investigations, prostitution sweeps, the towing lice Chief to develop a specific, comprehensive and of abandoned vehicles — a major public safety clearly-articulated strategy for reducing fear, disor- problem in Camden — the execution of out- der and crime on the streets of Camden. standing warrants, and community outreach. As a result of the Commission’s work, the polic- As of August 2005, the Camden Anti-Crime protecting lives, rights, communities ing approach in Camden was reshaped in several city. Through the availability of the team, law en- important respects: forcement has been able to react more quickly, ❖ The most significant changes involved a and function more comprehensively, in such areas commitment by Camden Police to strengthen as witness interviews, the gathering and analysis of policing efforts by putting more officers on the forensic evidence, and a variety of other processes streets, and attempting where possible to have related to the investigation of shootings. those officers establish a regular presence in as- signed neighborhoods. Crime Mapping Col. Joseph R. Fuentes, ❖ A new “geographic” policing strategy di- In addition to the Shooting Response Team Superintendent vided the city into four police districts, each initiative, a new, computerized crime mapping sys- served by a Community District Advisory tem was launched in Camden in 2005. The new Council made up of police officers and commu- system allows police managers to determine more Division of nity residents. accurately where and when crime is occurring, vi- ❖ Individual District Advisory Councils pro- tal information in deciding how best to deploy State Police vide liaison between police and community resi- police personnel. As part of a continuing effort to The New Jersey State Police conducts dents, and provide a forum for the addressing of advance its crime mapping capabilities, the criminal investigations, enforces traffic laws specific crime, quality of life and policing issues. Camden Police Department will be working in the on New Jersey toll roads and interstate future with crime mapping experts from Temple Through the geographic policing approach, highways, provides forensic science labora- University in Philadelphia. neighborhood residents now see the same officers tory services to local law enforcement on patrol on a consistent basis, and have a district agencies, maintains criminal records and police captain they can approach with questions, Citizen Hotline identification systems, and protects life and concerns and suggestions. Through the new polic- Also, a hotline has been established in Camden property on coastal and inland waterways. ing strategy, many of the principal issues confront- for the reporting of illegal gun activity. On the pros- The State Police also provides protection ing residents and police personnel in Camden are ecution front, local, state and federal authorities and comprehensive police services in now being addressed at a more community-based have agreed that, barring extraordinary circum- municipalities throughout the State where level, as opposed to at central administration. stances, the handling of criminal cases involving guns there is no local police department. The and violent crime in Camden will be “fast-tracked.” Division also coordinates emergency Shooting Response Team response services, including statewide response to natural disasters or terrorist To strengthen law enforcement’s response to Reducing Drug Trafficking incidents. For additional information, visit the shootings in Camden city, the Attorney General’s in Irvington State Police Web site below. Office also continued in 2005 to collaborate with other agencies on a Shooting Response Team ini- The Attorney General’s Office — through its tiative. Made up of State Police and Camden Police Divisions of Criminal Justice and State Police — • Colonel Rick Fuentes, Superintendent personnel, as well as detectives from the Camden made genuine inroads toward making communi- • Lt. Col. Thomas Gilbert, Chief of Staff County Prosecutors’ Office, the team is on call to ties safer through such efforts as “Operation Out- • Lt. Col. Juan Mattos, Jr., Deputy Superintendent of Operations respond to any shootings that occur in Camden of-Towners Phase II” in Irvington, Essex County. A cooperative effort involving multiple agencies • Lt. Col. William Meddis, Deputy Superintendent of Administration working under the Essex Anti-Crime Partnership • Lt. Col. Frank Rodgers, Deputy The Troop “C” Hamilton State Police banner, Phase II of “Operation Out-of-Towners” Superintendent of Investigations Complex was dedicated in September culminated with the arrest of 18 persons from • Lt. Col. William Malast, Deputy Superintendent of Homeland Security 2005. The complex was dedicated to six different counties on narcotics charges, and the seizure of 10 handguns. • Major John Hunt, Emergency Management Section the memory of three Troopers. • Major James Grant, Identification and Information Technology Section • Major Edward O’Neil, Intelligence Services Section • Major Francis White, Commanding Officer In Memoriam of Division Human Services • Major Gayle Cameron, Administration Section A. Trooper • Major James Fallon, Commanding Officer Joseph P. Lentini, Jr. of Investigations Section • Major Drew Lieb, Special Operations Section B. Trooper • Major Heidi S. Scripture, Field Operations Section Carlos M. Negron • Major Mark Weeks, Troop A Commander • Major Allen DelVento, Troop B Commander C. Trooper • Major Lanuel J. Ferguson, Troop C Commander Christopher S. Scales • Major Matthew Walker, Troop D Commander • Major Daniel Cosgrove, Troop E Commander A • Major Wendy Galloway, Community Partnerships Troop Commander • Major Robert Cicchino, Office of Professional Standards www.NJSP.org

B C 15 “We went back to Irvington and arrested area, provided a steady flow of drugs and weap- Major John Hunt, worked with groups representing criminals who had continued to erode the safety ons — cocaine, ecstasy, marijuana, prescription the Department of Health and Senior Services, and quality of life there,” said Attorney General drugs, and semi-automatic handguns — to a sub- Department of Transportation, Department of Harvey. “We will continue to reclaim the streets urban clientele within Passaic, Morris, Essex, Union, Military and Veterans Affairs, the State Fire Marshall, of our state from drug dealers, gang members Hudson, and Middlesex counties. The network all 21 county offices of emergency management, all and others who threaten the safety, and quality also serviced an urban clientele with ties to 21 county prosecutors and a host of other entities. of life, of ordinary citizens.” street-level drug dealing. The early days of New Jersey’s response in- The Essex Anti-Crime Partnership has approxi- The drug ring, allegedly controlled by Rodney cluded the efforts of State Police Task Force mately 50 persons assigned to it, more than half of J. Coleman, 42, of Irvington, also conducted illicit One, the urban search and rescue specialists who them members of the State Police. In addition to activities in concert with a New York City nar- were deployed with their pontoon boats from State Police, the following agencies contribute cotics trafficking source, which supplied large army helicopters into still-flooded areas. The members: the Division of Criminal Justice within the quantities of narcotics on a weekly basis. In late other critical job for first-arriving members of the Attorney General’s Office, the Department of December 2004, investigators brought to frui- New Jersey team was to make logistical prepara- Corrections (New Jersey Parole Board), Irvington tion Phase I of “Operation Out-of-Towners” tions for New Jersey’s larger Operation L.E.A.D Police Department, Essex County Prosecutor’s Of- arresting 13 persons, confiscating three kilos of task force. Without these crucial arrangements, fice, Essex County Sheriff’s Office and the New Jer- cocaine with a street value of $225,000, seizing New Jersey personnel would have been an added sey Juvenile Justice Commission. Operation Out-of- four handguns, and seizing other assets as well. It burden to the State of Louisiana’s emergency Towners involved not only those partnership agen- is also believed that the late-December raid pre- management efforts. Through effective planning cies, but 13 other agencies including municipal po- vented the planned murder of a drug ring rival. and coordination, New Jerseyans were able to hit lice departments and county prosecutors’ offices. the ground running. As of November 2005, more than 900 arrests Hurricane Katrina: State Musters On September 3, the first caravan of New Jer- had been made as a result of the Essex Anti- Real-Life Disaster Response sey State Troopers — along with local and county Crime Partnership’s work. In addition, 57 firearms officers and civilian support staff — left from Troop had been seized. Since its inception in mid-2003, While TOPOFF 3 taxed preparedness and C headquarters in Hamilton, Mercer County and the partnership has been responsible for 2,446 ar- emergency response capacities under controlled drove to New Orleans. After being sworn-in as rests, 155 firearms recovered, and $218,000 in ille- conditions, helping the hard-put residents of special officers with full police powers, the New gal currency confiscated. New Orleans in the aftermath of Hurricane Jersey contingent set up camp in a high school gym- At a Town Hall Meeting in Irvington on Au- Katrina put some of New Jersey’s response capa- nasium and immediately began working to help gust 26th, 2004, State Police Superintendent bilities to a real life test. bring law and order to a chaotic environment. Colonel Rick Fuentes instructed members of the Ultimately, New Jersey’s Operation L.E.A.D. ef- The New Jersey task force took on patrol re- Essex County Anti-Crime Partnership to convey a fort not only helped a “neighbor” in need, it also sponsibilities in the devastated Second and Sixth message to the criminal element within the town- strengthened the state’s own ability to mobilize in districts, including night patrols in areas in which ship of Irvington. The message was that state-level response to disaster by requiring a multi-agency looting and gunfire had been commonplace. Mem- law enforcement would work aggressively, and co- partnership under actual disaster conditions. bers also began the grim task of search and rescue, operatively, to eliminate organized criminal When Katrina first blew through New Orleans, responding to more than 4,000 “911” calls that had groups, including street gangs and narcotics traf- the destruction caused by the broken levees was been unanswered since the day the levees broke. ficking networks in Irvington. beyond anything Louisiana state and local authori- Donning Tyvek suits and respirators, State Troop- Subsequently, the Essex County Prosecutor’s ties were prepared to deal with. ers and other law enforcement officers entered Office and New Jersey State Police launched an Through the Emergency Management Assis- homes and recovered more than 115 bodies. extensive investigation into a criminal enterprise tance Compact (EMAC), a mutual aid agreement On the brighter side, Operation L.E.A.D. that included narcotics trafficking, illegal sale of between New Jersey and Louisiana a team was members were responsible for rescuing 67 people weapons and threats of violence — including a forged and the “Louisiana Emergency Assistance and 267 animals, giving first aid to 115 people, as- proposed “hit” on one of the enterprise’s rivals. Deployment” was born. sisting in more than 2,000 humanitarian deliveries, The drug operation, based in Irvington and sur- To make this deployment possible, the State performing more than 4,000 decontaminations of rounding municipalities within the Essex County Office of Emergency Management, led by Colonel people, vehicles and even pets. Fuentes, Lieutenant Colonel William Malast, and Local officers and residents expressed much gratitude for the work New Jerseyans did in New Orleans. Meanwhile, law enforcement executives from the region expressed admiration — and a degree of surprise — at the self-sufficient nature of the New Jersey task force. New Jersey mem- bers arranged for their own food, shelter, first aid, equipment, maintenance and even radio commu- nications network. By the time New Jersey’s Operation L.E.A.D. turned over the reins to local authorities on Oc- tober 12, more than 600 personnel from across New Jersey had taken part in the unprecedented effort. New Jersey is better prepared to handle any future emergency because of its post-Katrina deployment in New Orleans.

New Jersey State Troopers were deployed to Louisiana in the wake of Hurricane Katrina to help 16 provide security and assist with emergency operations. protecting lives, rights, communities Enforcing Nation’s Oldest, Strongest Civil Rights Law; Ensuring Equal Treatment

n 2005 the Attorney General’s Office, treatment options, etc. — typically require a cer- through its Division on Civil Rights (DCR), tified sign language interpreter, assistive listening III worked vigorously to protect the civil device or other accommodation to ensure that rights of all persons by investigating and prosecuting vital information is communicated accurately, and discriminatory conduct, and by continuing to spread in keeping with “informed consent” and patient awareness through public outreach of the civil- confidentiality requirements. rights-related obligations of employers, housing By virtue of the New Jersey LAD and the providers, health care facilities and others. The federal Americans with Disabilities Act (ADA), J. Frank Vespa-Papaleo year 2005 also marked a milestone in state civil hospitals are required to provide deaf and hard Director rights history, as New Jersey observed the 60th of hearing patients — as well as deaf or hard of Anniversary of its Law Against Discrimination hearing third parties who have a legal right to (LAD), the nation’s oldest and most compre- health care information and/or authority to Division on hensive state civil rights statute. make health care decisions — with an effective means of communicating with hospital staff. The Civil Rights New Services for the Hearing means of communication must be provided with Impaired in Hospitals minimal delay, and at no cost to the patient or The Division on Civil Rights is responsible third party needing the service. for enforcing the New Jersey Law Against In December 2005, AG Harvey announced While the law does not require hospitals to pro- Discrimination (LAD) and the Family Leave a new initiative — launched in conjunction with vide every service requested by a person with hear- Act (FLA). The two laws were enacted to the New Jersey Hospital Association (NJHA) — ing loss, it does require an accommodation that discourage discrimination in the workplace, that will result in improved communication be- is “reasonable” under the specific circumstances. in housing, and in public accommodations. tween hospital care providers and patients who As part of the joint initiative, NJHA hospitals The Division investigates allegations of dis- are deaf or hard of hearing at more than 100 agreed to post signs throughout their facilities — crimination, and serves as a fair and impartial hospitals throughout the state. including the admissions, registration and emer- forum for the airing of formal complaints. In The bedrock of the new initiative is an agree- gency care areas — informing persons who are a broader sense, the Division’s mission is to ment by 122 NJHA member hospitals to provide deaf or hard of hearing that the hospital pro- foster sensitivity, acceptance and respect sign-language interpreters, assistive listening de- vides reasonable accommodations to individuals among all individuals. vices and other “reasonable accommodations” who suffer from hearing loss. The hospitals also to ensure that persons with hearing loss have ac- agreed to assess the individual needs of those cess to the same quality of communication with who request an accommodation, and provide Director, J. Frank Vespa-Papaleo, Esq. hospital staff as any other patients. them with written materials describing the types “By law, deaf and hard of hearing patients have Assistant Director, Gary LoCassio of services available, and reminding that the ser- Assistant Director, Philip E. Freeman a right to the same level of hospital care that any- vices are free. Additional information about the one else receives. However, equitable treatment initiative is available by visiting the Division on cannot be assured — and quality of care may very Civil Rights Web site at www.NJCivilRights.org or www.NJCivilRights.org well be compromised — if communication falters the New Jersey Hospital Association Web site at from the outset,” said Attorney General Harvey www.NJHA.com. in announcing the new agreement. There are an estimated 720,000 deaf or hard of hearing persons in New Jersey alone. Advocates agree the number could be substantially higher be- cause it is often difficult to identify those with hear- ing loss. Absent the services of a sign language in- terpreter, assistive listening device or other ac- commodation, deaf and hard of hearing persons often experience difficulty in conveying vital infor- mation about their symptoms and medical histo- ries. In addition, patients with hearing loss have complained about being placed in the awkward — and potentially harmful — position of relating sensitive medical or personal information through friends and relatives, including small children. Complex interactions — the discussion of symptoms, personal history, medical diagnosis, 17 Access to Movie Theaters for Tennessee-based Regal had violated the LAD by ogy.) As a result of the deaf captioning agree- failing to install certain captioning systems that ments, New Jersey improved from three to 38 Hearing and Visually Impaired would allow the deaf and hard of hearing to en- screens that offered new captioning technology In a related development in 2005, the Divi- joy first-run movies. for the deaf and hard of hearing — more than sion on Civil Rights filed an amended discrimina- Many persons with hearing loss have been un- any other state. In each case, the four participat- tion complaint against Regal Entertainment able to fully experience first-run Hollywood mov- ing theater chains chose a form of closed Group, one of the nation’s largest multiplex the- ies in a theater setting due to a lack of adequate captioning known as Rear Window Captioning. ater companies, for failing to install technology captioning. Some speak of their sadness at seeing However, the Attorney General’s Office made that would provide access to first-run movies for their deaf or hard of hearing children miss the thrill plain that it viewed either Rear Window deaf and hard of hearing patrons, as well as for of experiencing a popular new movie, as their Captioning or another approach, known as the blind and visually impaired. hearing friends do, or of not being able to Open Caption Projection, as “reasonable” ac- The amended complaint contained a new share the experience with their children. commodations for the deaf and hard of hearing, claim that Regal had violated the New Jersey LAD In 2004, the Attorney General’s Office and and had no preference. by failing to install in its theaters the Descriptive Division on Civil Rights spearheaded a legal initia- Video Service (DVS) Technical System, a system tive that helped ensure that persons with disabili- Anti-Discriminatory that delivers narration for the blind and visually- ties would have the same opportunity to enjoy Enforcement and Education impaired enabling them to better follow the ac- first-run movies as everyone else. Through tion of a movie. DVS provides narrative descrip- settlement agreements with four major movie Other outreach efforts, initiatives and cases tions through infrared listening systems, which the chains operating in New Jersey — American from 2005 included: blind and visually impaired hear through audio Multi-Cinema (AMC), Loews Cineplex Theaters, ❖ Shopping Center Access headsets. The descriptions heard by DVS users Clearview Cinemas, and National Amusements The obtaining of commitments from six ma- provide information about key visual aspects of — the State brought cutting edge deaf jor shopping centers in New Jersey to better ac- films — for example, action settings and scene captioning technology to multiplex theater commodate persons with disabilities by either in- changes — making the movie experience more screens across New Jersey. stalling automatic doors for the first time, or in- meaningful for those with vision loss. (In addition, AMC, Clearview and National stalling additional automatic doors and making The amended complaint also alleged that Amusements agreed to install the DVS technol- other changes. As part of a statewide shopping

Before Agreements After Agreements with Multiplexes - 3 Screens Installing New Captioning Technology - 35 Screens

18 protecting lives, rights, communities

mall accessibility initiative, Division on Civil Rights ❖ Disability Discrimination the other, unrelated case, a landlord was accused staff began testing the accessibility of entrance The issuance of a Finding of Probable Cause of denying housing to a would-be tenant because and exit areas at 28 shopping malls throughout against the community association at an Atlantic he was Hispanic. New Jersey in late 2004. As a result of the in- County condominium complex for failing to ac- ❖ Education spections, six malls were found to be deficient commodate the needs of a blind resident en- The holding of a public forum in June 2005, at because they lacked power-assisted or auto- dangered by a potentially hazardous condition in Rutgers University in New Brunswick, focused on matic doors to accommodate shoppers with dis- the parking area. Named as a Respondent in the the rights of the gay, lesbian, bisexual and abilities or impairments. The six malls included: Finding of Probable Cause document was the transgender communities. Entitled “Protecting Burlington Center in Burlington, Shore Mall in Community Association of Mays Landing. The Sexual Minorities from Discrimination in Employ- Egg Harbor Township, Newport Center Mall in Community Association was accused of creating a ment, Housing and Public Accommodations,” Jersey City, Menlo Park Mall in Edison, Cumberland danger to a blind resident by failing to relocate a the forum was the first of its kind ever spon- Mall in Vineland, and Cherry Hill Mall in Cherry Hill. parking space that, when occupied, allegedly forced sored by the Division on Civil Rights. The goal of ❖ Religious Discrimination the man to deviate from his normal walking path the program was educational — to help share with The issuance of a Finding of Probable Cause to his mailbox. The matter remains pending. attendees the legal protections afforded to gays, against Fairleigh Dickinson University for alleg- In an unrelated disability discrimination case, lesbians, bisexuals and transgender persons un- edly discriminating against a Muslim nursing stu- the Division issued a Finding of Probable Cause der State law. dent by requiring that she remove her religious against an Essex County auto supply firm, The Division on Civil Rights also convened its head covering, known as a khimar. A Finding of Herman’s Auto Parts and Supplies of Irvington, Second Annual Disability Law Conference: “Pro- Probable Cause is not a final resolution or a de- for allegedly refusing service to a deaf man who tecting the Rights of People with Mental Disabili- finitive determination that violations of the tried to contact the business using a TTY or ties.” Broken into two sessions on separate LAD have occurred. It means the State has “telephone typewriter,” and the services of a dates — one at Ancora Psychiatric Hospital in completed its investigation, and determined New Jersey Relay operator. Camden County, the other at Bergen Commu- there was sufficient evidence to support a rea- ❖ Housing Discrimination nity College in Bergen County — the free event sonable suspicion the alleged conduct occurred. The issuance of a Finding of Probable Cause drew an audience that reflected a cross-section A Finding of Probable Cause moves a case to against two separate Passaic County landlords. In of persons interested in the rights, and concerns, the next level procedurally. As of this writing, one case, the landlord was accused of denying of those with mental or intellectual disabilities. the matter remains pending. housing to a prospective tenant after learning that his female roommate was an African American. In

The Attorney General’s Office, through its Division on Civil Rights, has made combating housing discrimination a top priority. This brochure was distributed to landlords and real estate professionals, as well as others, to Movie Theater Key generate awareness of changes in the law 1 Clifton Commons 16, Clifton 17 Succasunna Cinema 10, pertaining to housing, and to remind that the DCR was determined to be proactive in 2 Morristown Headquarters Succasunna investigating and prosecuting violators. Theatre 10, Morristown 18 Brick Plaza, Bricktown 3 Parsippany Cinema 12 19 Cherry Hill Theatre, Cherry Hill 4 All-Jersey Multiplex Cinemas, 20 East Hanover 12, East Hanover Newark 21 Monmouth Mall 15, Eatontown 5 Amboy Multiplex Cinemas, 22 Menlo Park 12, Edison Sayreville 23 Loews Jersey Gardens Theatres, 6 Atco Multiplex Cinemas, Atco Elizabeth 7 Edgewater Multiplex Cinemas, 24 Freehold Metroplex 14, Freehold Edgewater 25 Newport Centre 11, Jersey City 8 Hazlet Multiplex Cinemas, Hazlet 26 Mountain Side 10, Mountainside 9 Multiplex Cinemas at Town 27 Loews New Brunswick, Center Plaza, East Windsor New Brunswick 10 Bridgewater Commons 7, 28 Route 4 10 Plex, Paramus Bridgewater 29 Route Seventeen 3, Paramus 11 Deptford 8, Deptford 30 Ridgefield Park 12, Ridgefield Park 12 Hamilton 24, Hamilton 31 Meadow Six, Secaucus 13 Essex Green 9, West Orange 32 Plaza Eight, Secaucus 14 Mansfield Cinema 14, 33 Seacourt 10, Toms River Hackettstown 34 Wayne 8, Wayne 15 Kinnelon 11, Kinnelon 16 Middlebrook Cinema 10, Ocean Township

19 Removing Physical Barriers to the Ballot: Polling Site Inspection Initiative Continued in 2005

lthough a new State law, enacted in program of polling place inspections. 2005, enables any registered New At the same time, the DCR was asked to A Jerseyan to vote using a “no excuse” collaborate with local election officials, advo- absentee ballot, it remains the commitment of cacy groups and other stakeholders to develop the Attorney General’s Office to ensure that a strategy to eventually make all New Jersey all eligible voters who choose to vote in person polling sites accessible. The result was Opera- can physically do so. tion NJ-PAASS. With this commitment in mind, the Attor- Launched in 2004, Operation NJ-PAASS ney General’s Office — largely through the work consists of several key components including: of its Division on Civil Rights and Division of ❖ a continuum of statewide polling place Elections — continued in 2005 to pursue the inspections, and the sharing of polling site in- State’s first-ever polling place accessibility initia- spection results with relevant agencies and tive, formally known as Operation NJ-PAASS community stakeholders (Polling Accessibility for All Sites in Our State.) ❖ the use of polling site inspection data to To obtain an accurate sense of the scope target polling places in need of relocation and nature of New Jersey’s polling site accessi- or, in the alternative, modifications that bility needs, the Division on Civil Rights, at the would make them 100 percent accessible direction of the Attorney General, initiated a to the disabled

The Attorney General’s Polling Place Accessibility Initiative aims to ensure that every polling site throughout the State is physically accessible to voters 20 with disabilities. protecting lives, rights, communities

❖ the use of training, education and infor- In the November 2004 General Election, mation-sharing to generate greater aware- 38 State inspection teams surveyed a total of ness of the State’s polling site accessibility ini- 329 polling sites, finding accessibility-related tiative, and to encourage collaborative effort problems at 28 percent of the sites inspected. aimed at improving access for disabled voters In each case where inspectors found accessi- Owing to a number of factors, some neigh- bility-related failings, the Division on Civil Rights borhood polling locations throughout the sent Notices of Non-Compliance to the re- State have been, and remain, difficult — if not sponsible local election officials. Ramon de la Cruz impossible — to access for persons with mobil- Although the Attorney General’s Office Director ity-related impairments. has jurisdiction to civilly prosecute violations For example, some polling sites lack accessible of the New Jersey Law Against Discrimination parking. Others lack barrier-free paths of travel (LAD), Attorney General Harvey has chosen, Division within the building and/or outside. Still others in carrying out NJ-PAASS, to not respond pu- lack visible signs directing voters to doorways and nitively to violations. Rather — since the ulti- of Elections mate goal is improved access to voting for per- other areas that are accessible to those using a The Attorney General is New Jersey’s sons with mobility impairments — emphasis has wheelchair, crutches, a walker or cane. Chief Election Official, and serves as chair- been placed on working in partnership with local The key component of Operation NJ- man of the Board of Canvassers. The Board jurisdictions to identify solutions, and to help PAASS remains a continuing program of polling of Canvassers certifies results for federal and them achieve 100 percent accessibility at polling place inspections in all 21 counties that was state office elections and public questions. sites they supervise. launched during the May 2004 Non-Partisan Mu- The Division of Elections is dedicated to The Attorney General has not, however, nicipal Elections. Thirty-three State inspection ensuring the integrity of the electoral pro- ruled out the possibility of litigation in cases teams surveyed a total of 162 polling sites. Of cess in New Jersey, and to making certain where jurisdictions refuse to make polling those sites, 67% were found to have accessibil- that voter registration – as well as the actual places accessible. ity-related deficiencies. voting process — is as accessible and inclu- As part of the 2004 NJ-PAASS inspection During the June 2004 Primary Election, 38 sive as possible. The Division assures compli- State inspection teams surveyed a total of 382 effort, 80 polling sites that failed an initial in- ance with the federal National Voter Regis- polling locations. In that round of inspections, spection during either the May Non-Partisan tration Act (NVRA), and the Help America Municipal Elections or the June Primary Election 57 percent of the polling sites were found to Vote Act (HAVA), which includes all report- have accessibility-related failures. were chosen for re-inspection during the No- ing requirements to the Federal Election vember 2004 General Election. It is encouraging Commission and Election Assistance Com- to note that, of those re-inspected sites, 67% mission. Additional responsibilities include were found to have already corrected the fail- certification of voting machines, serving as ures identified earlier. filing officer for all federal and state public Once again in 2005, teams were dispatched elective offices, ensuring compliance with to inspect polling places during the May Non- polling place accessibility for the elderly and Partisan Municipal Elections, the June Primary disabled, regulatory authority for voter regis- and the November General Election. tration, political party declarations, absentee By year’s end, upwards of 800 polling locations voting, election district requirements and throughout New Jersey were expected to have polling place accessibility. been visited by NJ-PAASS inspection teams. Ultimately, local officials responsible for any polling sites that failed inspection in 2005 will be • Ramon de la Cruz Esq., Director expected to either resolve the violations or — • Deputy Director, SDAG Mamta Patel • Gloria Jean Berry, Supervisor of Elections in cases where the on-site repair of violations • Donna Barber, Senior Management Assistant looms as impractical or prohibitively costly — • Coreen Grooms, Administrative Assistant consider relocating the offending sites to more accessible facilities. The Attorney General’s Office’s Division on www.NJElections.org Civil Rights and Division of Elections will con- tinue working with local election officials, advo- cacy groups and others to make the voting process as inclusive and accessible as possible for all eligible New Jerseyans. To view a complete report on Operation NJ-PAASS, visit the New Jersey Division on Civil Rights Web site at www.NJCivilRights.org.

21 Mandating Even-Handed Policing

Anti-Profiling Directive, Justice, and state, county, and municipal officials. Training Program Unveiled Additionally, the program had been presented to, and reviewed by, the Black Ministers Council for Local Police of New Jersey, the NAACP, and the Rutgers ecognizing that racial profiling has in Police Institute. no way been limited to the New Jersey The core of the Attorney General’s Direc- R State Police, or to policing agencies tive is a clear admonition that police officers that engage in highway drug interdiction, Attor- “may not consider a person’s race or ethnicity as a ney General Harvey announced in June 2005 factor in deciding whether that person may be in- that New Jersey had established a first-of-its-kind volved in criminal activity, or in deciding how to law enforcement education program to eradi- treat that person. Unless the officer is respond- cate racially-influenced policing at every level. ing to a suspect-specific or investigation-specific Key to the effort was implementation of a ‘Be On the Lookout For’ situation, a person’s new, statewide Attorney General’s Directive race or ethnicity may play no part in the exercise that defines — and prohibits — the discrimina- of police discretion.” tory practice of using race to make policing de- As a companion to the new Directive, the cisions. The Attorney General’s Directive re- Division of Criminal Justice, in concert with the quires every New Jersey police department and Police Training Commission, distributed in 2005 an law enforcement agency to adopt and enforce up-to-date three hour video training course that a rule, regulation, or operating procedure, ex- focuses on situations municipal police and other pressly prohibiting racially-influenced policing law enforcement officers are likely to encounter. tactics. It also requires every law enforcement Two years in development, the video training officer — from new recruits to the most expe- course is based on training that New Jersey State rienced veterans — to undergo an intensive, in- Police have received — and continue to receive service and Police-Academy-based course of — under a 1999 federal Consent Decree. The instruction within 180 days. State Police training course emphasizes that a In signing “Law Enforcement Directive 2005- police officer may not conclude that a person 1,” Attorney General Harvey noted that the new seems to be “out of place” or “up to no good” anti-profiling initiative had received the support based on considerations of race or ethnicity. of the New Jersey State Association of Chiefs of The training course also explains why police offic- Police, the New Jersey County Prosecutors’ As- ers are prohibited from considering a person’s race sociation, the New Jersey State League of Mu- or ethnicity in deciding whether the person ap- nicipalities, the Police Training Commission, the pears to “fit” or “match” the vehicle that he or Division State Police, the Division of Criminal she is operating.

22 protecting lives, rights, communities

“State Police leadership understands the con- dence requires a clearly-articulated ban on the designated compliance monitors will report di- cerns of minorities, the issues of disparate treat- use of “broad-brushed ethnic or religious ste- rectly to the Attorney General on at least a quar- ment, the need for accountability, and the impor- reotypes in targeting individuals for law en- terly basis, and will be afforded full access to all tance of continued training and education to pro- forcement scrutiny.” relevant OCT and State Police intelligence infor- vide every law enforcement officer the knowledge The one exception noted in the new direc- mation and files. and tools to perform their jobs fairly and impar- tive involves law enforcement actions related The American Arab Forum welcomed the tially,” said State Police Superintendent Col. Joseph to “Be on the Look-Out” or “BOLO” situa- Attorney General’s order as “a concise directive R. Fuentes. “This cutting edge training program tions — cases in which specific persons are being which further clarifies the standing prohibition will insure that county and local law enforcement sought in connection with specific, terrorism- against racial profiling.” share in the State Police commitment to pro- related activities, and details regarding their th tect the Constitutional rights of all citizens.” race, ethnicity and/or manner of religious ex- 12 and 13th Independent Additional information, including Attorney pression have been issued to help identify the Monitors Reports Laud “Full General Directive 2005-1, the full text of the BOLO targets’ physical characteristics. training program (Companion Guide), Skills As- As part of his directive, Attorney General Compliance” by State Police sessment, overview of New Jersey’s Racial Profil- Harvey called on the Division of Criminal Justice While continuing to demonstrate excel- ing Policy, a streaming video which overviews the to generate guidelines that specify when and lence through its highway and marine patrols, training initiative, a guide instructing police offic- how counter-terrorism cases can be opened. criminal investigations, emergency management ers on what they can do to investigate criminal Due within 90 days of the directive’s issuance, capabilities and a host of other efforts, the activity, along with web links to the Police Train- the guidelines are expected to dictate the State Police achieved a milestone in 2005 by at- ing Commission, federal monitor’s reports, and scope, duration, subject matter and objectives of taining “full compliance” — in two successive In- related information is available via the Division of counter-terrorism cases. The guidelines are also dependent Monitors Reports — with every task Criminal Justice Web site at www.njdcj.org. expected to explain when — and under what required by a federal Consent Decree. circumstances — various investigative techniques In the 12th and 13th Monitors Reports is- AG’s Directive Bans are authorized, and when investigators must ob- sued since monitoring of State Police began tain approval from designated superiors before under the five-year-old Consent Decree, Profiling in Terrorism-Related employing certain techniques. State Police was commended for achieving Intelligence Gathering Also, all Office of Counter-Terrorism investi- 100 percent compliance with all requirements gators and intelligence analysts were directed by of the agreement. While thwarting terrorist activity remains the Attorney General to undergo training within Specifically, the Independent Monitors New Jersey’s highest priority, Attorney General 60 days on the standards for submitting informa- noted that State Police motor vehicle stops Harvey made clear in 2005 that homeland pro- tion into SIMS (Statewide Intelligence Manage- were “remarkably trouble free” during the tection will not be achieved at the cost of guar- ment System), the Web-based law enforcement 12th and 13th six month review periods — anteed rights and individual privacy protections. intelligence data base. The Attorney General’s the former spanning from October 1, 2004 In a new directive issued December 20, 2005, Office will work to develop the training in con- through March 31, 2005, the latter from April the Attorney General expressly directed that sultation with the U.S. Department of Justice. 1, 2005 through September 30, 2005. Office of Counter-Terrorism (OCT) personnel Compliance with the new anti-profiling direc- The Monitoring Reports represented con- — and all other sworn law enforcement officers tive will be monitored by one or more Assistant secutive, landmark achievements, and showed operating under State authority — are prohib- Attorneys General or Deputy Attorneys Gen- that State Police had moved beyond a level of ited from using race, ethnicity and/or religion as eral, and any other staff deemed appropriate. The “substantial compliance” with the Consent De- sole factors in determining whether to investigate cree — as noted in the 11th Independent a person for possible involvement in terrorism. While acknowledging that New Jerseyans “rightfully expect that all lawful and appropriate means will be used to thwart terrorists,” the Attorney General cautioned that public confi-

Left: Attorney General Harvey and Division of Criminal Justice Director, Vaughn L. McKoy sign a new, statewide directive that defines and prohibits the discriminatory practice of using race to make policing decisions.

To the left of the photo is the cover of an extensive guide to Eradicating Racial Profiling.

23 Monitors’ Report — to full compliance. Full General’s Office, was created to ensure imple- compliance in successive monitoring periods is a mentation of State Police reform recommenda- pre-requisite for possible dissolution of the tions made by a specially-appointed State Police Consent Decree in the future (with approval Review Team, and to ensure full compliance with from the U.S. District Court). the terms of the Consent Decree.) In addition to lauding the handling of mo- Since that first report, progress in complying tor vehicle stops by Troopers and the high with all terms of the Consent Decree has been caliber of oversight provided by State Police strong and steady, making the New Jersey State Daniel G. Giaquinto supervisors, the Independent Monitoring Police a national model for implementing change Director Team indicated in both of its 2005 reports in police training and practices. that State Police had traveled a path of “truly The 12th and 13th Monitors Reports, though, remarkable” progress in such key areas as were watersheds. Among other things, the Office of State trooper training, personnel supervision and — reports commended the State Police for full perhaps most notably — field operations. compliance with the Consent Decree in de- Police Affairs The 12th and 13th Monitoring Reports made velopment of a state-of-the-art personnel Located within the Attorney General’s Office, clear that “no indications of racial profiling” had performance management system known as the Office of State Police Affairs (OSPA) was been found in State Police traffic stops reviewed MAPPS (Management Awareness Personnel created to assist the implementation of reform by the monitors. The reports also referred to Performance System.) The system allows the recommendations made by a specially-ap- the consistently high caliber of work observed in Division to review trooper and supervisory pointed State Police Review Team, and to en- field operations as extraordinary “considering performance, and to compare individual able full compliance with the terms of a federal the complexity of the law enforcement pro- troopers to larger groups. MAPPS also Consent Decree pertaining to the prevention cesses under scrutiny.” Based on the findings of places New Jersey in the forefront of of racial profiling. The essential mission of the the 12th and 13th reports, the monitors recom- intelligence-driven policing by supplying “trend” Office of State Police Affairs is to ensure that mended that direct monitoring of State Police information pertaining to crime-specific loca- the New Jersey State Police is, and remains, a field operations be scaled back for the remaining tions over specific periods of times. premier law enforcement agency committed to life of the Consent Decree. While the report What was most remarkable about the full the most effective and constitutionally sound advocated continued monitoring at the same compliance described in the two Monitoring Re- police practices. On a regular basis, the OSPA level of such areas as field supervision, training, ports issued in 2005 was that it was achieved oversees the training of troopers and trooper and management review processes, it noted that during a time in which State Police productivity candidates on cultural awareness, law enforce- there was “little to be gained” by continuing to increased across the board. Compared to 2004, ment ethics and leadership, constitutional law devote the same amount of monitoring activity State Police motor vehicle stops were up 20 pertaining to search and seizure and equal pro- to review of State Police traffic stop video tapes percent in 2005, with a corresponding increase tection, and other issues. The OSPA also pro- and other field operations indicators. in the issuance of summonses and warnings. vides Consent-Decree-related technical assis- From the first report issued in 2000, the Driving While Intoxicated arrests by troopers tance to State Police decision makers, and court-appointed Independent Monitors — Dr. also increased by 6 percent in 2005 and, because monitors and reviews State Police internal in- James Ginger and Alberto Rivas, Esq. — were im- of successful traffic programs and increased vestigative processes to make certain they are pressed “with the commitment, focus, energy Trooper visibility on the road, there were fewer being carried out properly. and professionalism” of New Jersey State Police reported instances of aggressive driving. and the Office of State Police Affairs. (The Of- fice of State Police Affairs, within the Attorney • Daniel G. Giaquinto, Director, AAG • Desha Jackson, Deputy Director, DAG www.NJPublicSafety.com

24 protecting lives, rights, communities Office of Bias Crime and Community Relations: Working Against Bigotry and Bullying

ike many of the issues that confront sponsible for the statewide monitoring of bias the Attorney General’s Office each day, crime incidents. The office trains law enforce- L combating bigotry and bias crime is a ment officers in the investigation of bias crime, matter not only of enforcement, but outreach. offers programs in sensitivity and diversity In 2005, the Attorney General’s Office training for students and teachers, and assists continued to make reducing bigotry — and county and municipal human relations commis- the anti-social behavior that often accompa- sions in addressing the concerns of their di- nies it — one of its leading priorities, largely verse communities. through the work of its Office of Bias Crime The OBCCR also responds to communities and Community Relations (OBCCR) within in need of assistance in coping with crises that the Division of Criminal Justice. stem from ethnic, racial, religious or other cul- Led by Chief Hester Agadosi, the Office tural tensions. The priorities of the Office of Bias of Bias Crime and Community Relations is re- Crime and Community Relations extend beyond

Contrary to the stereotype of the childhood bully, bullying comes in many different forms and is engaged in by a wide range of people.

ANNUAL REPORT 2003/2004 • 23 law enforcement. They include the development faces a federal prison term of at least 15 years upon rals to law enforcement agencies, human ser- of prototype education and preventive pro- conviction for the pending criminal complaints. vice providers and trained volunteers. Any- grams, as well as specific activities to reduce bias The Office of Bias Crime and Community one concerned that he or she has been the crime and biased-based bullying. Relations also responded in 2005 to various eth- victim of bias crime is urged to call 1-800- nic tensions that arose from bias crimes targeting 277-BIAS (2427). Anyone concerned that he Enforcement: undocumented Hispanic residents in Union, or she has been the victim of bullying can call Prosecuting Bias Activity Monmouth, Morris and Cumberland counties. 1-877-NO-BULLY (662-8559). In addition to its training and outreach Throughout the year, the Office of Bias Preventing Bias programs, the Office of Bias Crime and Crime and Community Relations worked jointly Crime and Bullying Community Relations provides administra- with county and municipal law enforcement tive and program support for the New Jer- agencies to assist with, and monitor, approxi- Through training and outreach programs, the sey State Human Relations Council, and the mately 470 bias incidents reported statewide. At OBCCR continued in 2005 to work against bias Attorney General’s Arab and Muslim Advi- this writing, there are 20 active bias case investi- crime and bullying. Among its successful and sory Committee. gations pending. popular programs were: In May 2005, OBCCR investigators were re- ❖ New Jersey Bias Crime Training Program — Conferences/Special Events sponsible for the arrest of convicted felons A comprehensive one-day seminar for law en- On May 17, 2005, the Office of Bias Crime Gabriel Carafa and Craig Orler. The six-month forcement officers on the essentials of bias crime. and Community Relations hosted a conference investigation initially focused on an attempt by ❖ Educational Training — under the title “New Jersey Cares About Cyber- Carafa, who had already served time for bias in- Approximately 7,500 students, teachers, ad- Bullying” at the New Jersey State Police Tech- timidation and terroristic threats against a family ministrators, and other persons throughout nology Building in Hamilton Township. The con- of Indian descent in Ocean County, to have a the state were trained in the area of bias crime ference featured a series of workshops that ex- confidential police informant build a bomb. and cultural diversity in 2005 through OBCCR’s plored the growing trend among young people The case later developed into an investigation programs. Response by OBCCR to the needs toward Internet “cyber-bullying” — bullying con- of the sale of stolen weapons to undercover of various schools in 2005 included staff and ducted on-line, via e-mail, chat rooms and other state investigators and federal agents by both student training, as well as the provision of direct communication options available through Carafa and Orler. Both Carafa and Orler were technical assistance to school districts that re- the Web. Approximately 200 educators and on parole at the time of the alleged weapon ported an increase in bias crime, bias-related members of law enforcement attended the sales. And both, by virtue of their past records, incidents, and racial tension. In addition to edu- event. There was a second cyber-bullying con- were statutorily prohibited from owning or pos- cators, OBCCR staff provided training to stu- ference in November 2005. sessing weapons. dents, law enforcement officers, community Other important conferences sponsored by Carafa, whose 2004 bias intimidation case and civic groups, and human relations commis- the OBCCR in 2005 included the First Annual was prosecuted by OBCCR, has been identi- sions on bias crime and cultural diversity. Arab and Muslim Clergy Leadership Conference fied as a leader of such bias groups as Church ❖ Referral Hotlines — and the Ninth Annual Human Relations Confer- of the Creator and a neo-Nazi skinhead group OBCCR maintains a telephone hotline for vic- ence. The Muslim Clergy Leadership Conference known as “The Hated.” tims of bias crime and a separate telephone was designed to bring together the leadership of The Office of Bias Crimes and Community Re- hotline for those concerned about bullying. the Arab and Muslim clergy from across New Jer- lations deferred prosecution of both Carafa and Both hotlines help victims via telephone refer- sey to share information, ideas and concerns, Orler, and instead referred the cases to the U.S. and to learn about the resources and initiatives Attorney’s Office in Philadelphia. Each defendant offered by the Attorney General’s Office. The Human Relations Conference was held in con- junction with the New Jersey State Human Rela- tions Council. Approximately 100 people repre- senting human relations commissions attended the session, taking part in workshops designed to focus attention on the importance of using edu- cation as a tool to combat prejudice. Additional information about OBCCR is available by visiting www.NJBiasCrime.org.

This Logo is being used in an ongoing anti-bullying campaign to raise awareness regarding this important issue confronting New Jersey’s children. The campaign also includes outreach by the Office of Bias Crimes and Community Relations to schools throughout the State. 26 protecting lives, rights, communities Fighting for New Jersey’s Environment: Civil and Criminal Enforcement

n 2005, Attorney General Harvey Civil Enforcement continued to make environmental Mercury Lawsuit — III protection a top law enforcement pri- ority, defending public health and the quality Attorney General Harvey filed suit in the of life of every citizen. Attorney General U.S. Court of Appeals for the D.C. Circuit in Nancy Kaplen Harvey served as a national leader in the fight May 2005 for 14 states, challenging a new fed- Acting Director against air pollution by filing suit on behalf of eral Environmental Protection Agency rule that Ms. Kaplen also served establishes a cap-and-trade system for regulat- as Acting First Assistant 14 states against new rules of the federal Envi- Attorney General effective ronmental Protection Agency that fail to ad- ing mercury emissions from power plants. The December 1, 2005 equately control dangerous mercury emissions suit contends that the rule will delay meaningful from power plants. emission reductions for decades and perpetu- The Attorney General used both civil litiga- ate hot spots of local mercury deposition, pos- Division of Law ing a grave threat to public health. The Attor- tion and criminal prosecution to combat pollu- Staffed by approximately 600 Deputy Attor- tion in New Jersey. Attorney General Harvey ney General previously sued EPA over a sepa- neys General and 18 State Investigators, the Divi- filed a civil action against W.R. Grace over as- rate rule that removed power plants from the sion of Law has broad civil powers and a broad- bestos contamination at the company’s former list of pollution sources subject to stringent based mission. Through the Division, the Attor- plant in Mercer County. The Attorney General’s pollution controls under the Clean Air Act. ney General performs the majority of the duties Division of Law achieved a major victory in the Mercury deposited in the environment is con- relating to his statutory role as chief counsel for New Jersey Supreme Court regarding public ac- sumed by humans who eat certain fish, resulting the State. The Division is charged with protecting cess to beaches. in severe harm, particularly when ingested by the public interest by acting as sole legal counsel The Environmental Crimes Bureau (ECB) in pregnant or nursing mothers or young children. to State agencies, and by conducting all civil legal matters to which the State is party. The Division’s the Division of Criminal Justice aggressively Children can suffer permanent brain and ner- workload is driven by its role as provider of legal vous system damage from exposure to even implemented the Urban Environmental Initia- counsel to client agencies on an as-needed basis, tive, established to prosecute polluters who low levels of mercury, which frequently occurs by the amount and nature of litigation brought use disadvantaged neighborhoods to dump in utero. Coal-fired power plants are the larg- against the State, and by the amount and nature waste, hazardous materials and industrial by- est source of uncontrolled mercury emissions, of litigation pursued by various departments of products, or who endanger surrounding com- generating 48 tons of mercury emissions per State government. In the interest of maximizing munities and workers by the way they operate. year nationwide. the DOL’s effectiveness, while also creating op- The ECB worked closely in 2005 with officials portunities for staff growth and professional ad- in Paterson, Newark, Jersey City and Camden vancement, the DOL was reorganized in 2003 to address chronic dumping problems in each into practice groups. These practice groups were focused on such areas as Litigation, Appeals, Fi- of those cities. nancial Fraud, Environmental Law, Civil Rights, Consumer Protection, etc. On an annual basis, the DOL typically handles more than 35,000 legal matters, including lawsuits , administrative hearings, appeals, workers compensation cases, the issuance of formal advice to government agencies, etc.

• Acting Director, Nancy Kaplen, AAG - Appellate Practice Group • John P. Bender, Assistant Attorney General In Charge - Administrative Practice Group • Aney K. Chandy, Assistant Attorney General In Charge - Civil Rights Practice Group • Michael A. Shipp, Assistant Attorney General in Charge - Consumer Protection Practice Group • Howard McCoach,a Assistant Attorney General In Charge - DYFS Practice Group • Lawrence E. Stanley, Assistant Attorney General In Charge - Environmental Law Practice Group • Robert Romano, Assistant Attorney General In Charge - Financial Affairs Practice Group • Stefanie Brand, Assistant Attorney General In Charge - Litigation Practice Group

www.nj.gov/oag/law 27 www.NJDGE.org Beach Access Victory — Beach AccessVictory — W.R. GraceLawsuit Beach Club.TheDivisionofLawsuccessfullyar- leigh AvenueBeachAssociationv.Atlantic New JerseySupremeCourtinthecaseofRa- major victoryforpublicbeachaccessinthe part seriesonW.R.Grace. Nightline onNovember4aspartofatwo- General HarveyappearedonABCNews under stateenvironmentallaws.Attorney plant. Thesuitseekscivilmonetarypenalties mained atthesitewhenGraceclosed tions ofasbestosashigh40percent,re- of contaminatedsoil,somewithconcentra- Libby, Montana.Infact,morethan15,000tons miculite orefromthecompany’sminein produced insulationfromcontaminatedver- state lawatitsHamiltonTownship plant, which ardous asbestoscontaminationasrequiredby fied in1995thatGracehadcleaneduphaz- its formerexecutivesallegingtheyfalselycerti- filed suitagainstW.R.Grace&Co.andtwoof In July2005,theDivisionofLawsecureda In June2005,AttorneyGeneralHarvey Environmental Crimes Bureau — Environmental CrimesBureau Criminal Enforcement Bayway Refinery ConocoPhillips ECB collectedapproximately$600,000infines accusations relatedtounlawfulpollution.The more than20indictments,guiltypleasand/or within theDivisionofCriminalJustice,obtained largest NewJerseyrefineriescombined. emits moreVOCsthanthesecond-andthird- sions bymorethan50tons.Baywaycurrently Bayway’s annualvolatileorganiccompoundemis- tory distress.Thesettlementwillreduce cause asthma,cardiovasculardiseaseandrespira- reduce thepublic’sexposuretoparticlesthat upgrades atBaywaythatwillreduceodorsand to spend$60milliononpollutioncontrolsand ated provisionsthatwillrequireConocoPhillips partment ofEnvironmentalProtectionnegoti- New JerseyAttorneyGeneral’sOfficeandDe- 10 and tion controlsattheBaywayRefineryinLinden quiring thecompanytoinstallmajornewpollu- settlement withConocoPhillipsCompanyre- ment andseveralotherstatesreachedamajor announced thatNewJersey,thefederalgovern- partment ofEnvironmentalProtection. beach clubforareasonablefeesetbytheDe- use thedrysandareasofprivately-owned —factors thepublichasarighttoaccessand onstrated demandforbeachaccess,andother ocean fromresidentialneighborhoods,adem- with nopublicbeaches,limitedaccesstothe amunicipality — under thefactsofcase ocean. Ina5-2decision,theCourtheldthat privately owneddrysandareasadjacenttothe ocean foruseandrecreation,canextendto vides thatthepublichasarighttoaccess gued thatthepublictrustdoctrine,whichpro- In 2005,theEnvironmentalCrimesBureau, In January2005,AttorneyGeneralHarvey other refineries throughout throughout

— the U.S.The ecutions in2005,theECB: throughout theState. dumping crimes,forcountyhealthofficers environmental crimes,particularlysolidwaste cials. Inaddition,theECBprovidedtrainingon training forlocalpoliceofficersandcodeoffi- completed statewideenvironmentalcrimes materials andunlawfuldisposalofsolidwaste.It transportation andabandonmentofhazardous fenses ascriminalwaterpollution,unlawful dividuals andcorporationswithsuchcriminalof- and restitutionin2005.TheBureauchargedin- Among itssignificantenvironmentalpros- ❖ ❖ ❖ ❖ ❖ ❖ ❖ ❖ and Irvington. with debrisandabandonedtheminNewark for adefendantwhostoletrailers,filledthem in atrailernearhisbusinessPaterson. license andabandoningsolidwasteasbestos in NewJerseywithoutaDepartmentofLabor forming fourdifferentasbestosabatementjobs dreds ofusedtiresinNewarkandElizabeth. a defendantwhounlawfullydisposedofhun- wooded areainNewfield,GloucesterCounty. discharged highlyacidicwastewaterintoa dent ofaconcretefabricatingcompanythat jail andpayinga$45,000fine,againstthepresi- tence, conditioneduponserving364daysin taining barrelsofwasteoilinElizabeth. against a jail andpaymentof$32,500incleanupcosts, tence, conditioneduponserving120daysin lots inCamden. vacant two truckloadsofdemolitiondebrison rate sitesanddumpeditatacitylot. struction/demolition debrisfromtwosepa- on chargesthatheunlawfullycollectedcon- abandoning itinatraileronPatersonstreet. fully transportinglead-contaminatedsoiland

Obtained athree-yearprisonsentence Indicted acontractorchargedwithper- Obtained athree-yearprisonsentencefor Obtained athree-yearprobationarysen- sen- Obtained athree-yearprobationary Indicted amanchargedwithdumping Indicted aJerseyCitymunicipalemployee Indicted adefendantchargedwithunlaw- man whoabandonedatrailercon- protecting lives, rights, communities

Prosecuting

Franklin L. Widmann, Securities Fraud Chief

n 2005, the New Jersey Attorney of Criminal Justice and was sentenced in Sep- Bureau of Securities General’s Office solidified its reputa- tember 2005 to three years in state prison. III tion as a national leader in investigating AEFA paid full restitution to victims and agreed Within the Division of Consumer Affairs, the securities fraud and spurring reform within the to reform how it supervises its financial advis- Bureau of Securities is New Jersey’s securities investment industry. That reputation for pro- ers, many of whom work as independent con- regulatory agency. New Jersey is one of only five tecting investors was secured under Attorney tractors under franchise agreements. states to place such an agency directly under the General Harvey in 2003 and 2004, when the At- ❖ In October 2005, Attorney General control of their Attorney General. By Attorney torney General’s Office, working through its New Harvey obtained a court order freezing $1.4 General’s directive, the Bureau reports directly to Jersey Bureau of Securities and Division of Law, million linked to an Internet securities scam Attorney General Harvey for greater focus upon securities fraud cases. The Bureau is funded reached a record-setting $18 million settlement involving a fictitious company, Heritage Finan- through fees paid by the regulated community as with Allianz Dresdner Asset Management over cial Inc., through which investors around the well as fines and other sums collected in enforce- market timing allegations, filed eight major securi- world have been defrauded of millions of ment actions. The Bureau regulates broker-deal- ties fraud cases involving more than $160 million dollars. A New Jersey Superior Court judge ers (brokerage firms), broker-dealer agents in investments, and played a leading role in the granted the Attorney General’s request for (stockbrokers), investment advisers, investment an order freezing the funds, which investiga- landmark 2003 settlement between securities adviser representatives, agents of securities issuers, tors in the Bureau of Securities traced from regulators and 10 top Wall Street firms regarding securities registrations, securities exemptions, mu- stock analyst practices. victims to four Merrill Lynch investment ac- tual funds, and unit investment trusts. The primary Those achievements caught the attention counts held in the names of various individu- mechanisms the Bureau uses for regulation are (1) of the U.S. Senate Committee on Banking, als and corporate entities. At the close of registration of securities, firms and agents, and (2) Housing and Urban Affairs, which invited Attor- 2005, a court hearing was pending on a re- enforcement actions against those who fail to ney General Harvey to testify on June 2, 2004 quest by the Attorney General to perma- comply with registration or engage in fraud. The about the vital role of the states in regulating nently freeze $70 million in 13 Merrill Lynch Bureau maintains a field examination staff, which securities and protecting investors. accounts held by those same parties. Earlier conducts routine and for-cause examinations of The Attorney General’s Office continued its in 2005, the Attorney General’s Office shut regulated persons and entities, and an investigative record of leadership in 2005, when it reached down computer accounts and phone lines staff, which investigates possible violations of the landmark settlements with two major interna- used by the con artists and seized approxi- New Jersey Uniform Securities Law. tional investment firms concerning corporate mately $620,000 in accounts in Panama and practices that hurt ordinary investors: the Cayman Islands. ❖ ❖ In January 2005, The Attorney General’s • Franklin L. Widmann, Chief In March 2005, Attorney General Harvey • Elizabeth Mackay, First Deputy Chief announced that Merrill Lynch Pierce Fenner Office and the Bureau of Securities filed • Amy Kopleton, Deputy Chief & Smith Inc. would pay New Jersey $10 million suit against a New York City man, Joseph • Richard Barry, Chief Investigator and implement significant reforms throughout Greenblatt, several members of his family the firm to resolve allegations that it failed to and 68 corporations that they allegedly cre- reasonably supervise certain financial advisers in ated to carry out a massive securities fraud New Jersey who market timed mutual funds scheme, including Maywood Capital Corp., a on behalf of a hedge fund, Millennium Partners, New Jersey corporation based in Paramus L.P., in violation of the firm’s policies and to the that was the umbrella company for the in- detriment of long-term investors. Merrill Lynch vestment scheme. The suit alleges that the agreed to implement reforms recommended individual defendants obtained more than by the AG to enhance supervision of its finan- $42 million from over 100 investors, diverting cial advisers. The following week, the Attor- millions to their personal use. The complaint ney General’s Office filed an administrative alleges that Joseph Greenblatt, his father, Max complaint against the three financial advisers in- Greenblatt and two key associates engaged volved and revoked their registration to trade in a pattern of racketeering activities in viola- securities as broker-dealer agents in New Jersey. tion of New Jersey’s Racketeer Influenced ❖ In June 2005, Attorney General Harvey and Corrupt Organizations (RICO) law. reached a $5 million settlement with Ameri- can Express Financial Advisors (AEFA) over allegations it failed to reasonably supervise its financial advisers. An adviser in the firm’s fran- chise office in Voorhees stole $400,000 from at least 22 clients by forging signatures to ob- tain commissions and fees. The adviser pleaded guilty to theft charges brought by the Attorney General through the Division Protecting New Jersey’s CraARA Consumers through Litigation and Awareness

n 2005, the Attorney General’s Office, the benefits of their products in their advertising. through its Division of Consumer ❖ In a settlement announced in July 2005, III Affairs and Division of Law, took on Nutraquest Inc., formerly Cytodyne Tech- big companies that failed to treat New Jersey nologies, the maker of Xenadrine diet prod- consumers fairly and honestly when they pur- ucts, agreed to pay the State $940,000 and chased goods and services. Attorney General stop making unsubstantiated claims in its ads. Harvey filed suit against video rental giant Block- ❖ In a settlement announced in August buster alleging the company misled customers 2005, Goen Technologies, the maker of with its “No More Late Fees” policy, and The TrimSpa diet products, agreed to pay the State Attorney General sued major oil companies $750,000 and revise its marketing practices. over gas price increases in the wake of Hurricane Katrina. In between those highlights, The Attor- Gas Pricing Suits – ney General filed suits and reached settlements The Attorney General’s Office filed four to protect consumers purchasing everyday items lawsuits in September 2005 against three oil such as mattresses, electronic appliances and di- companies, Amerada Hess, Motiva Shell and etary supplements. Sunoco, and a number of independent gas sta- In December 2005, Attorney General Harvey reached a cooperative settlement with tion operators in connection with gas price in- BP Products North America Inc., under which BP creases after Hurricane Katrina. In the week af- agreed, on behalf of its 85 company-owned and ter Katrina struck, gas prices in New Jersey commissioned agent service stations in New Jer- soared to an average of $3.16 a gallon by Labor sey, to pay $315,000 to resolve certain issues re- Day, a dollar higher than the average just one garding gas pricing that arose from the gas sta- month earlier. In response to complaints from tion inspections in the wake of Katrina. consumers, the Attorney General’s Office and These several consumer fraud cases were Division of Consumer Affairs sent state, county overseen by AAG Michael Shipp and DAG and municipal weights and measures inspectors Lorraine Rak, Consumer Protection Group, Di- to more than 500 of New Jersey’s 3,260 gas vision of Law. stations to ascertain whether gas retailers were complying with state laws and treating custom- Diet Pills — ers fairly. They monitored price changes and demanded access to books and records that The Attorney General’s Office reached retailers are required by law to maintain and settlements in 2005 with two major manufactur- make available to state inspectors. ers of dietary supplements regarding deceptive The suits filed by Attorney General Harvey practices they used to market their diet pills, in- allege specific violations of New Jersey’s Motor cluding ephedra-based products. Attorney Gen- Fuels Act and Consumer Fraud Act at 31 gas eral Harvey sued both companies in 2003 for al- stations, 13 owned by the three oil companies legedly downplaying the risks and exaggerating and 18 independently owned. The suits allege that the defendants violated a provision in the Motor Fuels Act that prohibits a gas retailer from changing gas prices more than once in a 24-hour period. In other instances, the suits al- lege that defendants posted prices on roadside signs that deviated from the actual prices charged at the pumps, a violation of the adver-

30 protecting lives, rights, communities tising regulations under the Consumer Fraud Act. The Blockbuster suit was settled in Decem- Because of New Jersey’s strong response to ber 2005 with the Attorney General’s Office the gas price hikes, Attorney General Harvey obtaining $90,000 in restitution for New was invited to testify in Washington at a Joint U.S. Jersey’s Consumers. Senate Committee hearing on November 9, 2005, on “Energy Pricing and Profits.” He testified Other Major Actions that New Jersey’s price gouging law, like similar laws and Settlements in other states, applies only if an emergency has Kimberly S. Ricketts been declared in the State. He urged passage of a In addition, the Attorney General’s Office: Director ❖ federal price gouging law to apply when a disaster Reached a $173,000 settlement in October in one region affects the supply and pricing of an 2005 with Circuit City Stores Inc., under which essential product nationwide. the company agreed to stop misleading adver- On November 22, 2005, Attorney General tising practices and comply with state consumer Division of Harvey announced a cooperative settlement protection laws and regulations. This settlement Consumer with Amerada Hess in which the company was the third time the AG’s Office had sued agreed to pay $372,391, a portion of which will Circuit City for deceptive pricing; Affairs be used to fund consumer protection initiatives ❖ Seized 175 used mattresses and/or Created by an act of the Legislature, by the Division of Consumer Affairs, including ef- boxsprings in October 2005 from two the Division of Consumer Affairs is respon- forts to address the home heating needs of se- Amazing Prices, Inc. stores in Essex County sible for administering and enforcing the niors and low-income families in New Jersey. after customers filed complaints alleging the In December 2005, Attorney General mattresses they bought from the stores laws intended to make New Jersey’s com- Harvey reached a cooperative settlement with were soiled, smelly and infested with bedbugs; mercial marketplace a fair and safe place to BP Products North America Inc., under which BP ❖ Reached a $438,000 settlement in July do business. Through the Division’s investi- agreed, on behalf of its 85 company-owned and 2005 with Rockaway Bedding Inc., under gative, prosecutorial and public awareness commissioned agent service stations in New Jer- which the company must reform its advertis- efforts, as well as through the work of its sey, to pay $315,000 to resolve certain issues re- ing and delivery practices; professional and occupational review garding gas pricing that arose from the gas sta- ❖ Reached a $236,530 settlement in June 2005 boards, the Division carries out its mission tion inspections in the wake of Katrina. with GT Brands LLC, GT Merchandising & Li- of protecting consumers against illegal censing LLC and GoodTimes Entertainment and/or unscrupulous business practices, Blockbuster – LLC, under which the New York-based com- prosecuting those who commit fraud, and keeping the public aware with regard to The Attorney General’s Office filed suit in panies agreed to resolve consumer complaints fraud prevention and other significant February 2005 against Blockbuster, Inc., alleging and comply with state laws in their advertising consumer issues. that the movie and game rental chain violated and sales of well-known television infomercial The Office of Consumer Protection, the New Jersey’s Consumer Fraud Act and Mer- products such as the Turbo Cooker, The FIRM Enforcement Bureau, the Bureau of Securi- chandise Advertising Regulations by failing to exercise products, Richard Simmons weight ties, the Office of Weights and Measures, disclose key terms of its newly launched “No loss and exercise products, and Charlton the Charitable Registration Unit and the More Late Fees” policy. The suit alleges Block- Heston Bible videotapes and audiotapes; Legalized Games of Chance Control Com- buster failed to disclose in its advertisements ❖ Filed suit in May 2005 against Matrix Man- mission all fall under the purview of the (1) that overdue rentals are automatically con- agement & Marketing Group LLC and Total Division of Consumer Affairs. For further verted to a sale on the eighth day after the due Remodeling Inc. alleging they repeatedly vio- information on the Division, its mission, its date; and (2) that if customers return the over- lated the State’s Do Not Call Law and Con- accomplishments and initiatives, visit the due items within 30 days after the “sale” date, sumer Fraud Act by failing to register with the Consumer Affairs Web site below. Blockbuster will reverse the sale charge, but New Jersey Division of Consumer Affairs as charge a “restocking” fee. The complaint also telemarketers and making unsolicited alleges that Blockbuster failed to prominently telemarketing calls to New Jersey residents • Director, Kimberly S. Ricketts whose telephone numbers were on the fed- • Deputy Director, Anthony Miragliotta disclose that some of its stores were not par- • Deputy Director, Stephen Nolan, Esq. ticipating in the “No More Late Fees” policy. eral Do Not Call registry. www.NJConsumerAffairs.org

The Division of Consumer Affairs and the NJ Food Council co-sponsored a senior citizen awareness event in Howell Township in November featuring speakers, educational materials and a variety of services. Similar events were held in locations throughout the State, benefiting thousands of seniors. 31 Protecting Internet Users, Prosecuting Cyber Crime and Other Web Exploitation

long with millions of New Jerseyans who tos and video images of child pornography, includ- use the Internet each day for legitimate ing video clips of a Georgia man molesting and A purposes, there are others who exploit raping a 5-year-old girl. (Via the Internet and other it for illegal or unethical activities, including: dis- means, James Bidwell, of Toccoa, Ga. had circu- tribution of child pornography, identity theft, lated in United States, Canada and England a the sabotaging of on-line businesses via “hack- video of himself raping the child. Although his ing,” and the turning of a profit through mis- video continued to circulate, Bidwell began serving leading representations and hard-to-identify a 45-year prison term in 2002 after pleading guilty user redirection programs. to child molestation and rape charges lodged in In 2005, the Attorney General’s Office contin- Georgia, as well as to certain federal crimes.) ued its vigilance against cyber crime and fraud, us- The National Center for Missing and Ex- ing an array of strategies to identify and prosecute ploited Children lauded the effort as “a tre- Internet users who broke the law and, elsewhere, mendous example of how improved technol- putting a halt to practices that were exploitative ogy, law enforcement training, and teamwork and unethical — if not outright fraudulent. can make a difference.” According to Attorney General Harvey, the Operation Guardian: Attacking key to Operation Guardian was the use of com- the Menace of Child Pornography paratively new technology that enabled law en- forcement to detect child pornography files One of the landmark achievements an- shared over the Internet, and trace them to nounced in 2005 by Attorney General Harvey computers on which they were stored. In a solid was Operation Guardian, an extensive cyber example of multi-jurisdictional cooperation, the child-pornography investigation spearheaded by investigation had its roots in Iowa, where a Spe- the Divisions of State Police and Criminal Justice. cial Agent with the Iowa Internet Crimes Against As a result of Operation Guardian, 39 people Children Task Force had made innovative use of were arrested on charges relating to the posses- the “file sifting” technology. During a two-day sion and distribution of child pornography. period, the software detected images of child Those charged in connection with Operation pornography and traced them to 42 computer Guardian ranged in age from 14 to 61, and in- addresses in New Jersey. Evidence indicated that cluded a high school hockey coach, an attorney those New Jersey computer addresses had ei- and a pediatric neurosurgeon. ther received the child pornography files or of- In addition to the arrests, detectives seized fered to circulate them, or both. New Jersey computers containing many disturbing “still” pho- State Police then worked with Deputy Attor- neys General assigned to the Division of Criminal Justice within the Attorney General’s Office to prepare subpoenas that led to search warrants. In addition to the seizure of computers and child pornography files, Operation Guardian also resulted in the seizure of weapons — including some assault rifles — and some illegal drugs. Spin-off investi-

32 protecting lives, rights, communities gations prompted by Operation Guardian Prior to an investigation by the Attorney Other cyber-crime cases from 2005 included: continue in New Jersey as of this writing. General’s Office, the State had received more ❖ Youth Gets Prison for “Hacking”: In Au- Agencies that worked with the New Jersey than 700 complaints about Alyon — more than gust 2005, a 17-year-old Middlesex County Attorney General’s Office and State Police on half of them from New Jersey residents — while youth was sentenced to five years in State Operation Guardian included the FBI, County states throughout the nation had also reported Prison after being waived up to adult court Prosecutor’s Offices throughout the state, ap- receiving high numbers of complaints. and pleading guilty to sabotaging an on-line proximately 35 municipal police departments in Typically, complainants reported receiving bills sports clothing business through “hacking.” New Jersey, the U.S. Department of Homeland from Alyon or its billing agent — often in the Jasmine Singh, of Edison, was also ordered by Security’s Child Exploitation Group, the National $150 range — for access to on-line pornogra- Superior Court Judge Frederick DeVesa to Center for Missing and Exploited Children, and phy. In most cases, the consumers denied access- pay $35,000 in restitution. Singh admitted in the New Jersey Regional Computer Forensic ing pornography, and said they had never autho- court to using a “bot net” to play havoc with Laboratory (RCFL). rized Alyon to charge them for on-line services. the Internet server used by an on-line Located in Hamilton Township, Mercer Prior to the actual filing of a State complaint, “retro” sports jersey seller in Burlington County, the RCFL is a joint endeavor that com- some Web users had complained that they — County. The constant Web site problems bines the resources of the Attorney General’s and sometimes their children — had encoun- caused by Singh’s hacking essentially halted Office, the FBI and local law enforcement agencies. tered pornographic “pop-up” images from the the on-line seller’s operation. Investigation At the RCFL, highly-trained law enforcement per- Alyon network while using Web sites that fea- revealed that Singh, who was hired by a com- sonnel work as computer forensic examiners in tured music or games. peting retro-sports-jersey merchant, used his support of investigations into a host of unlawful ac- The billing by Alyon of Internet users for ser- hacking prowess to direct computers around tivities including: terrorism, financial fraud, identity vices not requested, as well as incidents in which the globe to flood the Burlington County theft, illegal “hacking” into private or restricted unsolicited materials “popped up” on computer operator’s computer with data. data bases, distribution of child pornography, and screens, appears to have been caused by flaws ❖ Man Pleads Guilty to Theft Via On-Line on-line luring by sexual predators. that existed in a proprietary computer program Auctions: In January 2005, the Division of used by Alyon. Specifically, the system could not Criminal Justice obtained a guilty plea to Identifying, Ending Exploitative detect or deter Internet use by minors or other charges of theft by deception from 26-year- Internet Business Practices unauthorized users, and sometimes generated old Wayne J. DeVita of Lincroft, Monmouth incorrect billing due to database inaccuracies. County. DeVita had been charged with steal- Under an agreement announced by Attorney Under the agreement negotiated by the At- ing more than $50,000 from unwitting per- General Harvey in 2005, Alyon Technologies, Inc., torney General’s Office (22 other states signed sons around the country who believed they a North-Jersey-based Internet company, was re- onto the agreement), Alyon was prohibited were legitimately buying from him electronic quired to change its practices to ensure that unwit- from billing minors for its Internet services. The merchandise — computers, scanners, print- ting consumers were not linked in the future to agreement also required that the company pro- ers, etc. — via the Internet auction sites e- pornographic “pop-up” images, and were not billed vide full cash refunds to all consumers who had Bay and Yahoo. DeVita admitted in court for Web-based services they never requested. submitted a complaint about Alyon services that he did not possess, and could not ob- In May 2003, the State filed a three-count billed before June 15, 2003, and who had already tain, the merchandise he’d advertised, but complaint against Alyon alleging that the com- paid. Regarding consumers who were billed prior had nonetheless collected advance cash pay- pany had engaged in fraudulent billing practices to June 15, 2003 and refused to pay, Alyon was ments from unsuspecting buyers on 22 differ- by switching Internet users to its network so as required to cancel their debt and halt all related ent occasions. No merchandise was ever de- to bill them for its services — even though the collection activities. livered, and cash payments were not returned. users did not request those services.

33 Leading the Nation in Prosecuting Insurance Fraud

lthough insurance fraud remains one Part of the Division of Criminal Justice, the of the nation’s major illegal growth Office of Insurance Fraud Prosecutor has been A industries, the Attorney General’s ranked the top insurance fraud prosecuting agency Office — largely through the enforcement in the nation by the independent, Washington- and outreach efforts of the Office of the In- D.C.-based Coalition Against Insurance Fraud. surance Fraud Prosecutor — continued in One example of OIFP’s track record of in- 2005 to set standards of excellence for pros- creasing effectiveness: in 2000, OIFP prosecu- ecuting insurance cheats, and for deterring tion efforts resulted in 17 defendants being fraud activity through awareness. The office is sentenced to county jail or State Prison time, led by Greta Gooden-Brown, the Insurance and approximately $1.1 million in court-or- Fraud Prosecutor. dered restitution. In 2005, OIFP prosecutions sent 125 defendants to jail or prison, and court-ordered restitution topped $87 million. OIFP Defendants Sentenced to Jail Time & Total Number of Jail Term Years International Awards 199 200 In 2005, OIFP’s stellar work resulted in recog- nition as a semi-finalist for the International As- Total Defendants Sentenced to Jail sociation of Chiefs of Police Motorola Webber Total Number of Jail Term Years Seavey Award for Quality in Law Enforcement. 150 The award is presented annually to agencies 134 125 and departments worldwide for promoting a 121 117 110 standard of excellence that exemplifies law 108 enforcement’s contribution and dedication to 100 the quality of life in local communities. Named for Webber S. Seavey, the IACP’s first president, the award recognizes effective use of resources,

creativity and innovation, action that improves ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○46 46 50 35 services to the community, action that strength- 17 22 ens law enforcement relations and promotes community participation, and enhanced commu- nications within, and cooperation among, law en- 0 2000 2001 2002 2003 2004 2005 forcement agencies. Among other awards for excellence pre- sented to the OIFP recently are awards from the OIFP Criminal & Civil Monetary Sanctions and Restitution Summary International Association of Arson Investigators, the International Association of Special Investiga- tive Units, the United States Social Security Ad- $90,000,000 Total Criminal and Civil Sanctions Imposed ministration, and the New Jersey Vehicle Theft Investigators Association. $75,000,000 Total Criminal and Civil Restitution

Cases $60,000,000 ○○○○○○○○○

$87,025,611 Of course, industry accolades are only one $45,500,000 yardstick for insurance fraud prosecution achievement. Successful cases are the surest $30,000,000 measure of effectiveness, and in 2005, the OIFP investigated and prosecuted many significant

$16,222,153 fraud cases. Among other successes, the OIFP $15,000.000 obtained a nine-year prison sentence against a $12,128,280 $8,028,595 Hudson county businessman found guilty of sub-

$7,500,000 $7,217,043 $6,843,476 ○○○○○○○○○○○○○○○○○○○○○○○○○○○$6,187,955 mitting hundreds of thousands of dollars worth $5,148,250 $4,295,810 $3,371,905 $2,454,336

$1,146,938 of fraudulent reimbursement claims for prescrip- 0 tion medications handled by his business. 34 2000 2001 2002 2003 2004 2005 protecting lives, rights, communities

Lawyers, Law Firm Charged South Jersey Entrepreneur With Racketeering; $5 Million Charged with Health Care Restitution Sought Claims Fraud In November 2005, Attorney General Harvey In another 2005 case involving the alleged use and Insurance Fraud Prosecutor Brown announced of runners, the OIFP obtained a fraud indictment Greta Gooden-Brown, that the OIFP had filed racketeering and con- in December 2005 against a Camden County Insurance Fraud spiracy charges against two Essex County attor- businessman who owned and operated a chiro- Prosecutor neys, their law firm, and 28 other individuals as practic clinic, as well as two medical service and part of an ongoing insurance fraud investigation. supply companies. The investigation targeted illegal use of “run- Orlando Rolon, 49, of Runnemede, was Office of the ners” — individuals who solicited other persons charged in a State Grand Jury indictment with to aid in the alleged scam by agreeing to serve as conspiracy, health care claims fraud, attempted Insurance Fraud phony accident “victims” — and sought restitu- theft by deception, misconduct by a corporate Prosecutor tion in the amount of $5 million. The racketeer- official and other criminal counts. Rolon was ac- ing and conspiracy charges represented the first cused of bilking insurance companies out of The Office of The Insurance Fraud time OIFP had employed New Jersey’s Racketeer thousands of dollars through the submission of Prosecutor is located within the Division Influenced & Corrupt Organization (RICO) stat- fraudulent claims for medical services and sup- of Criminal Justice. ute to prosecute an attorney and a law firm for plies provided to accident victims — patients the criminal use of “runners” and related insur- often secured by the use of runners. ance fraud crimes. • Greta Gooden-Brown, Specifically, the indictment charged that be- Insurance Fraud Prosecutor The case represented an aggressive approach tween Dec. 11, 1998 and Feb. 13, 2002, Rolon • Tina Polites, Chief, Auto Fraud Unit by OIFP in pursuing individuals involved in manu- and his girlfriend, Erika Ramos, participated in a • Lewis J. Korngut, Chief, Property facturing fake accidents to collect tens of thou- conspiracy to fraudulently bill insurance compa- and Casualty Unit sands of dollars in illegal insurance claims and • Norma R. Evans, Chief, Health nies nearly $135,000 for medical treatments, and Life Unit settlement payouts. In addition to the two at- supplies, and transportation services provided to • John Krayniak, Chief, Medicaid torneys and their Essex County law firm, five patients injured in automobile accidents. Rolon Fraud Control Unit runners and 23 phony accident victims were allegedly created a system of companies that • Sheila Brown, Deputy Chief Investigator charged with criminal racketeering, conspiracy to provided medical treatments, supplies, and trans- commit racketeering, auto-insurance-related portation services. The Rolon-owned companies Health Care Claims fraud, theft by deception, were identified as Brotherhood Rehabilitation www.NJInsuranceFraud.org tax fraud and other criminal counts. Associates, P.C., a chiropractic treatment center Specifically, the indictment charged that be- in Camden, JOL & M Medical Supply Company of tween Oct. 30, 1993 and Sept. 15, 2005, attorneys Berlin, and OR Medical Transport of Camden. Irwin B. Seligsohn, 69, of Kinnelon, Morris County, Among other things, the indictment alleged Allen S. Goldberger, 72, of Livingston, Essex that Rolon, who had no medical or chiropractic County, and the law firm of Seligsohn, license, created the appearance that a licensed Goldberger & Shinrod of West Orange con- chiropractor actually owned, operated and con- spired to pay runners to solicit persons to par- trolled the Brotherhood clinic in order to submit ticipate in staged automobile accidents so that insurance claims for payment. It was alleged that automobile insurance Personal Injury Protection Erika Ramos, who was employed at the Brother- (PIP) and other insurance claims could be sub- hood clinic, was listed as the owner/operator of mitted to various insurance companies. Runners used in the alleged scam were charged with ille- gally receiving payments for their services, violat- ing State income tax laws, and with aiding in the submission of phony insurance claims while know- ing that the accidents were staged and that no one was actually injured. Other defendants named in the indictment, alleged to be insurance claimants, were charged with Health Care Claims Fraud for assisting in the submission of the phony insurance claims. The indictment seeks the forfeiture of an es- timated $5 million dollars in financial assets ob- tained by the law firm of Goldberger, Seligsohn and Shinrod, as a result of the alleged fraud scheme. The indictment seeks investments, bank accounts, office equipment, real estate, and other assets obtained as proceeds from engaging in theft by deception, health care claims fraud, use of runners, and tax fraud. 35 JOL&M Medical Supply so that it would appear Other Insurance homes and was not licensed to dispense or to insurance companies that JOL&M Medical Fraud Prosecutions otherwise sell prescription medications. Clark Supply was independent from Brotherhood. In was neither a medical service provider nor a fact, the company was owned, operated, and ❖ The sentencing, in September 2005, of licensed pharmacist. Clark misrepresented to controlled by Orlando Rolon. Ms.Ramos, of former insurance broker Vito Gruppuso to Horizon Blue Cross/Blue Shield, which ad- Pennsauken, was also charged in the indictment. 10 years in State Prison following his guilty ministers health care claims for the State The indictment accused Rolon of using runners plea in 2004 to multiple charges of insurance- Health Benefits Program, that Home Health to solicit accident victims in order to ensure a fraud-related theft. Gruppuso, of Berkely Care was licensed to supply, dispense, and steady stream of patients for the Brotherhood Heights, pleaded guilty to running a massive sell prescription medications, and was en- clinic, which provided chiropractic treatments, insurance scam that bilked five different insur- titled to payment or reimbursement from physical therapy, and other medical services to ance companies out of more than $78 mil- the State Health Benefits Plans for the cost patients injured in automobile accidents. As part lion between 1998 and March 2004. The of the medications. of the alleged insurance fraud, Rolon was ac- former president of a Cedar Knolls-based ❖ The sentencing to five years in State cused of listing a deceased person — chiroprac- brokerage known as National Premium Ser- Prison of Eliezer Martinez, the former owner tor Dr. Michael Marek — as the owner of the vices, Gruppuso was first charged by the and chief executive officer of a defunct men- clinic and arbiter of patient medical decisions at State in 2002 with pocketing more than tal health counseling center in Camden City. Brotherhood. Rolon was also accused of forging, $500,000 in client funds. Subsequent investi- Martinez, 57, was convicted in 2004 of sub- or having forged, the signature of the dead chi- gation revealed a more expansive fraud mitting more than $137,900 in fraudulent bills ropractor on claim forms submitted to insurance scheme. A commercial insurance broker to the Medicaid Program. The Medicaid Pro- companies. Additionally, Rolon is charged with whose clients were major real estate man- gram, which is funded by the state and federal enticing patients to seek care at the Brother- agement companies across the nation, governments, provides health care services hood clinic by offering payments of between Gruppuso sold clients extensive insurance and prescription drugs to persons who may $200 and $300. It is also alleged that some pa- packages — and obtained significant commis- not otherwise be able to afford such services tients solicited by “runners” bought medical sup- sions for those sales — then arranged for in- and medicines. The State of New Jersey ad- plies from JOL & M Medical Supply Company as surance coverage that was inferior to what ministers the Medicaid Program through the part of their treatment, and that OR Medical clients believed they had purchased. In addi- Division of Medical Assistance and Health Transport was used to transport patients to and tion to his 10-year prison term, Grupposo Services and through the Office of Insurance from the Brotherhood clinic and other Rolon- was ordered by a New Jersey Superior Court Fraud Prosecutor’s Medicaid Fraud Section, controlled locations. Judge in Morris County to pay a total of which investigates both criminal and civil Med- “These prosecutions involving runners are more than $78 million in restitution to the icaid fraud. In addition to being sentenced to important, because the use of runners has a five insurance companies he defrauded – prison time, Martinez was ordered to pay domino effect on the entire insurance industry,” Wausau Insurance Company ($3.7 million), more than $275,900 in criminal fines and said Insurance Fraud Prosecutor Gooden-Brown. AIG Insurance Company ($6.3 million), XL $137,900 in restitution. “Runners are paid to procure patients and cli- Insurance Company ($4.9 million), Virginia ❖ The sentencing in January 2005 of a ents. Runners, in turn, stage accidents and urge Surety Insurance Company (($15.8 million) Hudson County man to five years probation, people who are not injured to be treated for in- and Kemper Insurance Company ($48 million). $10,400 in restitution payments, and a $5,000 juries. They submit false police auto accident re- ❖ The sentencing, in April 2005, of Hudson civil insurance fraud fine for his role in an au- ports and engage in other fraudulent conduct County businessman James Clark to nine tomobile “give up” scam. Israel Rivera, 34, of which drives up the cost of auto insurance.” years in State Prison for submitting more Jersey City, pleaded guilty in November 2004 than 400 fraudulent health insurance claims to falsely reporting the theft of his Honda totaling more than $300,000 in illegal pay- Civic a year earlier. He submitted an insur- ments. Clark was president of Home Health ance claim for the “stolen” auto in the Care Center, Inc. Clark, 49, of Union City, amount of more than $10,000, and was paid was also ordered by New Jersey Superior by an insurance company. Court Judge Michael A. Petrolle, sitting in Essex County, to pay a $5,000 fine. Clark was found guilty of theft by deception and Health Care Claims Fraud charges following a jury trial in February 2005. Home Health Care Center was in business to deliver prescription medications from pharmacies to person’s

36 protecting lives, rights, communities

Working to Help the Victims of Sexual, Domestic Violence

n 2005 — as it unveiled the newest created on the basis of recommendations by the SART/SANE concept is founded entirely on a statewide Uniform Crime Report (2004) Attorney General’s SART/SANE Coordinating “team” approach, and one of its chief objec- III data — the Attorney General’s Office Council, which included representation from the tives is to ensure that every victim of sexual as- had positive news for New Jerseyans. Overall, Division of Criminal Justice, the New Jersey sault has access to quality health care treat- the state’s crime rate had dropped by 4 percent County Prosecutors Association, the New Jersey ment, and in a timely fashion. compared to the prior year, and the rate of Sex Crimes Officers Association, Sexual Assault Under SART/SANE, the victims of sexual as- violent crime had declined by 2 percent. Nurse Examiners, New Jersey Board of Nursing, sault are provided quick and thorough care in But along with evidence of a generally safer New Jersey Coalition Against Sexual Assault, and well equipped, specialized facilities. The Sexual New Jersey came some sobering news as well: the New Jersey Division on Women. The Col- Assault Nurse Examiners work collaboratively the number of sexual assaults statewide had ac- lege of New Jersey (TCNJ) also provided signifi- with police officers and rape care advocates to tually increased by 4 percent in 2004 (from cant resources to the statewide program. provide the best services available, while always 1,283 reported assaults in 2003 to 1,328.) Under the SART/SANE initiative, special ensuring that a victim’s needs, concerns and The new UCR numbers were troubling, and Sexual Assault Response Teams are stationed in questions are addressed. they confirmed that sexual assault remained not all New Jersey counties. The teams are located Sexual Assault Nurse Examiners are specially only a public safety problem unlike any other, within the 21 respective County Prosecutors trained to provide comprehensive and sensi- but one that would require innovation — and a Offices, and are made up of rape care advo- tized care, while also making sure that potential long-term commitment of resources — to ef- cates, law enforcement officers and registered evidence is collected in a manner that is timely, fectively address. professional nurses who serve as Sexual Assault precise, and in keeping with law enforcement Nurse Examiners (SANE). The services are protocols. Rape Care Advocates, meanwhile, Training Sexual Assault available 24 hours a day, 7 days a week. The are trained to provide support services for the Response Teams Consistent with this philosophy, the Attor- ney General’s Office continued in 2005 to refine and strengthen available services for rape victims through its ground-breaking Sexual Assault Re- sponse Team/Sexual Assault Nurse Examiners (SART/SANE) initiative. In April 2005, Attorney General Harvey an- nounced that more than 100 county Sexual As- sault Response Team Advisory Board members from throughout New Jersey had completed a mandatory training session focused on newly-re- vised “Standards for Providing Services to Victims of Sexual Assault.” The project was conducted by Jessica Oppenheim, Linda Rinaldi, and Connie Schwedes in the Division of Criminal Justice. The new, higher standards were designed to enhance preparation and training for SART/ SANE personnel, and to reaffirm the idea that SART/SANE is a victim-focused program — a safe way for sexual assault victims to come for- ward without fear of being victimized a second or third time by the same system that is sup- posed to be helping them. The new standards for victim services were

The Attorney General’s SART/SANE initiative provides victims of sexual violence with compassionate, post-victimization health care. It also provides victims with support in dealing with the necessary, but sometimes stressful, criminal justice process. 37 victim through the medical and forensic exami- 4450 or visit the Division of Criminal Justice Statewide SART/ nation, and beyond. Under the SART/SANE Web site at www.njdcj.org. philosophy, the role of Rape Care Advocate is SANE Program — viewed as crucial to the post-victimization Domestic Violence Training Participating healing process. The job of a Rape Care Ad- Domestic violence touches the lives of an es- Hospitals by County vocate is to focus solely on the needs of the timated 80,000 people each year – most of sexual assault victim, whether those needs in- them women, children and the aged. In 2002, volve crisis intervention services, counseling Atlantic • Atlantic City Medical Ctr., more than 50 people died in New Jersey as the Atlantic City and referral, information on available options, result of domestic violence, a 30 percent in- • Atlantic Kessler, Hammonton or other concerns. crease over the prior year. • Atlantic Shore Memorial, Along with medical care and advocacy for Consistent with its ongoing commitment to Somers Point rape victims, an equally vital goal of SART/ address all forms of violence against women, the Bergen • Englewood, Englewood SANE is to enable law enforcement to obtain • Hackensack, Hackensack Attorney General’s Office continued in 2005 to • Holy Name, Teaneck the evidence required to successfully investi- provide specialized training sessions for law en- • Pascack Valley, Westwood gate and prosecute sex offenders. Police as- forcement in dealing with domestic violence and • Valley, Ridgewood signed to Sexual Assault Response Teams re- related issues. Through its Division of Criminal Jus- Burlington • Our Lady of Lourdes Medical Ctr., ceive specialized training in the area of investi- tice, the Attorney General’s Office provided Willingboro gating sex crimes. At the same time, the SART/ • Virtua Hospital, Marlton advanced training courses designed to help law SANE approach emphasizes the need to create • Virtua Hospital, Mount Holly enforcement professionals gain a better understand- Camden • Cooper Health Systems, Camden an environment in which women can feel com- ing of the dynamics of domestic violence, knowl- • Kennedy Health Systems, Stratford fortable while taking part in the essential — edge of related laws, and a thorough grasp of the • Our Lady of Lourdes Medical Ctr., but sometimes difficult and emotional — pro- Camden elements required to effectively respond to, in- cess of working with law enforcement investi- vestigate and prosecute domestic violence cases. Cape May • Burdette Tomlin, Cape May gators and prosecutors. The benefit of such an Court House Employing actors and experienced, knowl- Cumberland • Regional Medical Ctr., Vineland approach is two-fold. On one hand, it ensures edgeable instructors, the DCJ-sponsored training Essex • Clara Maass, Belleville that victims will receive the kind of compassion- courses explore a full range of domestic-vio- • Hospital of the University of Medicine ate treatment they have a right to expect. In lence-related issues. The courses also provide & Dentistry, Newark addition, it often helps increase the comfort specialized instruction to law enforcement per- • Newark Beth Israel, Newark level, and the resolve, of victims, making them • St. Barnabas, Livingston sonnel in dealing with domestic-violence-related Gloucester • Kennedy Memorial, Washington Twp. better able to assist law enforcement in pros- incidents, which are often among the most sen- • Underwood-Memorial, Woodbury ecuting their attackers. sitive — and potentially dangerous — incidents Hudson • Christ, Jersey City Since its inception in 1996, the state-wide they handle. The training focuses on everything Hunterdon • Hunterdon Medical Ctr., Flemington SART/SANE program has received more than from the first call made to police to investiga- Mercer • Capital Health System-Mercer $3 million in funding from the Division of Crimi- Campus, Trenton tive techniques, recognition of legal issues in- nal Justice through the Office of Victim-Witness • Capital Health System-Helene Fuld, volved, and the prosecution of formal charges. Trenton Advocacy. There are 175 Sexual Assault Nurse Victims of domestic violence are urged to call • Princeton Medical Ctr., Princeton Examiners and 55 New Jersey hospitals working the New Jersey Domestic Violence Hotline at • Robert Wood Johnson, Hamilton as part of the statewide program. For informa- 1-800-572-SAFE(7233). Middlesex • Middlesex County Public Health tion on becoming a Sexual Assault Nurse Ex- Department, Edison aminer, call 609-984-7346. For information on • Robert Wood Johnson, AG Harvey Honored for New Brunswick becoming a Rape Care Advocate, call 609-631- Monmouth • Bayshore Community, Holmdel Work to Prevent Violence • CentraState Medical Ctr., Freehold Against Women, Children • Jersey Shore Medical Ctr., Neptune • Monmouth Medical Ctr., Long Branch In November 2005, Attorney General Harvey • Riverview Medical Ctr., Red Bank was presented the New Jersey Sex Crimes Offic- Morris • Chilton Memorial, Pompton Plains ers Association’s annual “Outstanding Service • Morristown Memorial, Morristown Award” for his commitment and leadership in • St. Claire’s, Denville • St. Claire’s, Dover the prevention of violence against women and Ocean • Community Medical Ctr., Toms River children. The Attorney General was honored at • Kimball Medical Ctr., Lakewood the 8th Annual Sex Crimes Information Sharing • Brick Hospital, Brick Conference, held at the Clarion Hotel in Egg • Southern Ocean Community, Harbor Township, near Atlantic City, and co- Manahawkin Passaic • St. Joseph’s Hospital, Paterson hosted by the SART/SANE Program and the • The General Hospital, Passaic New Jersey Sex Crimes Officers Association. At- Salem • Regional Medical Ctr., Vineland torney General Harvey was chosen to receive Somerset • Somerset Medical Ctr., Somerville the award for his active and visible support of • Women’s Health & Counseling Ctr., SART/SANE, which has enabled the program to Somerville Sussex • Newton Memorial Hospital, Newton make a consistently positive impact on services • Sussex Hospital, Sussex provided to the victims of sexual assault. Union • Muhlenberg Regional Medical Center, Plainfield • Overlook Hospital, Summit • Rahway Hospital, Rahway Attorney General Harvey is presented with • Trinitas Hospital, Elizabeth Warren • Warren Hospital, Phillipsburg the “Outstanding Service Award” of the • Hackettstown Community Hospital, New Jersey Sex Crimes Officers 38 Hackettstown Association in November 2005. Combating Human Trafficking: Working Collaboratively to Stop Exploitation, Assist Victims

he Attorney General’s Office continued to human-trafficking-related federal charges, and The Initiative aims to develop a coordinated to work collaboratively with law en- were later sentenced to federal prison terms. statewide system for identifying trafficking victims T forcement and other agencies in and getting them the help they need. This in- 2005T to prevent human trafficking, and to pro- NJ Anti-Trafficking Initiative cludes increasing awareness and understanding of vide assistance to trafficking victims. the scope of human trafficking in New Jersey; In recognition of the growing human traffick- Human trafficking — typically involving illegal identifying and strengthening areas where coor- ing problem, the Attorney General’s Office con- immigrants who are sold into domestic servitude, dination and services are lacking; and establishing tinued in 2005 to collaborate with a variety of exploited as cheap labor or forced into prostitu- a network of law enforcement officers, service law enforcement, social service and other agen- tion — is a growing concern in New Jersey and providers and other first responders to help traf- cies through its support of the New Jersey Anti- across the nation. ficking victims in the state. The Initiative held its Trafficking Initiative. As the name implies, the first Advisory Committee meeting on August 26, The Problem New Jersey Anti-Trafficking Initiative was devel- 2003. Participants included social and legal service oped to discourage human trafficking, and to as- providers; law enforcement officials; and state and Experts believe that between 15,000 and sist the victims of trafficking by connecting them federal government officials. Initial discussions fo- 20,000 immigrants are smuggled into the country with resources and services that can help them cused on increasing trust between trafficking vic- each year — an estimated 4,000 of them into New avoid further exploitation. The latter mission is tims and law enforcement, and the need for emer- Jersey. Typically brought here from Asia, Latin vital, because many who are victimized lack finan- gency shelter for pre-certified trafficking victims. America and Eastern Europe, the illegal immigrants cial and other resources, have no knowledge of In 2005, the Initiative played a key role in as- are often forced into domestic slavery, “sweat- how to access agencies that can help, and are sisting approximately 20 women and girls from shop” factory labor and migrant farm work, or fearful of reaching out in the first place. Honduras who had been enticed to illegally emi- are exploited in sex-for-sale enterprises. The Anti-Trafficking Initiative is a collaborative grate to Union City with the promise of waitress Often, human traffickers take advantage of effort involving the International Institute of New jobs. In fact, the women ended up being con- those who are poor and unemployed — or Jersey, state and federal law enforcement agen- fronted with massive debt — smugglers were al- underemployed — and who have no access cies, government human services agencies, the leged to have demanded fees of $20,000 per to social safety nets. Monmouth University School of Social Work, Safe woman — allegedly sexually assaulted, and Victims are enticed with bogus offers of good- Horizon, a New-York-based violence prevention forced to sell themselves for sex. The women paying work and “better lives,” then forced to toil organization that also assists the victims of crime were arrested in January 2005. However, largely for substandard wages under inhumane condi- and abuse, and the Archdiocese of Newark. through the efforts of the Anti-Trafficking Initia- tions. Typically, they are threatened with depor- The Initiative was established in 2004 follow- tive, they were provided safe shelter, food and tation, violence or death if they should report the ing a statewide conference in which stakeholders other assistance pending attempts to obtain ser- treatment to which they are being subjected. from throughout New Jersey gathered to share vices — available under the federal Trafficking information and perspectives on the human traf- Victims Protection Act of 2000 — that would Early Prosecution ficking problem, discuss gaps in available services enable them to find housing and, possibly, live for trafficking victims, and generate recommen- As a result of a cooperative state-federal in- and work legally in the United States. dations for filling those gaps. vestigation spearheaded largely by the Division of Criminal Justice, three people were success- fully prosecuted for inducing Russian women to enter the United States illegally, and compelling them to dance nude in strip clubs in Manville, South Amboy and Lakewood. The defendants represented to the Immigra- tion and Naturalization Service (INS) in 2002 that the women were coming to the United States to tour with an internationally recognized or culturally unique Russian show group. Instead, they threatened the women with serious injury or Russian-mob retaliation if they did not engage in nude dancing or pay the defendants $200 a day from their earnings as nude dancers. The women were typically forced to work at the nude dancing establishments six days a week, eight to 10 hours a day, with only one additional day off a month. The defendants — including a U.S. citizen of Russian descent and a Russian national in the U.S. on an expired visa — pleaded guilty in 2004 39 NJ VINE: Giving Crime Victims Immediate Information about an Offender’s Custody Status

or many crime victims, the ordeal dential. Offenders do not know when their vic- constantly call a County Prosecutor’s Office to continues long after their initial tims have been registered with NJ VINE. determine an offender’s custody status. F victimization. At regular intervals, NJ VINE automatically NJ VINE is a cooperative effort involving not F Even if the offender who victimized them is updates prisoner status information and, if vic- only the Attorney General’s Division of Criminal captured, successfully prosecuted and sent to jail tims have registered for it, attempts to notify Justice, but the following agencies as well: the or state prison, many crime victims continue to them by phone of any changes in their specific State Office of Victim/Witness Advocacy, the live in fear that the perpetrator may one day re- offender’s custody status. If NJ VINE is unable to Department of Corrections, the 21 County turn to harm them in some way. contact a victim within 24 hours, a letter is gen- Prosecutor’s Offices, New Jersey State Police, For such victims, it is important to know if and erated by the system and sent to the victim by the New Jersey Parole Board and the Juvenile when the offender who targeted them is re- the appropriate County Prosecutor’s Victim Justice Commission. It was one more example in leased from a correctional facility. Witness Coordinator. 2005 of the Attorney General’s commitment to With that in mind, the Attorney General’s The automatic notification feature of NJ protecting the safety, and enhancing the peace Office spearheaded a new initiative in 2005 called VINE eliminates the need for crime victims to of mind, of crime victims throughout New Jersey. NJ VINE — Victim Information and Notification Everyday — whereby crime victims can keep abreast of the custody status of offenders housed in any of New Jersey’s county jails, state adult cor- rectional facilities and most juvenile facilities. NJ VINE works one of two ways. Victims can call a toll-free number (1-877-VINE-4-NJ) for updates on the custody status of offenders who victimized them, and/or they can register a tele- phone number or numbers where they can be automatically notified if an offender is released or transferred. NJ VINE is a software system designed to pro- vide information and notification regarding the in- carceration status of criminal offenders. The sys- tem operates through an interface with state-of- the-art computers that function as the New Jer- sey correctional system’s central data base. The Division of Criminal Justice within the At- torney General’s Office launched the NJ VINE system in 19 counties in early December 2005, with the remaining two counties scheduled to be on line by year’s end or early in 2006. If a crime victim wishes to participate in the au- tomatic notification aspect of NJ VINE, he or she must register by providing a telephone number or numbers — as well as a four-digit personal identifi- cation number (PIN). Crime victims can register by calling, toll-free, from a touch-tone phone to 1- 877-846-3465. The victim’s contact and PIN infor- mation are input into the system, but kept confi-

Shown here is a poster for posting in help centers. A similar card, brochure and Web site are also part of the 40 awareness campaign. protecting lives, rights, communities Reaching Out: Attorney General Visited Schools to Deter Gang Activity and Violence

lthough enforcement is a crucial element with hundreds of middle school students in Focusing H.S., College in the continuing effort to keep young grades six, seven and eight. The central focus of Students on Sex Assault, A people from drinking underage, commit- the discussion was the manner in which images ting acts of violence and engaging in street gang popularized in music, videos and clothing have Domestic Violence activity, enforcement alone is not the answer. helped to mythologize violent behavior and glo- Consistent with his focus on violence and its That truism was the core philosophy behind rify the “thug” lifestyle. effect on young lives, the Attorney General visited Attorney General Harvey’s series of visits to pub- Joining Attorney General Harvey was Dr. Bergen County Community College in Paramus, lic schools throughout New Jersey in 2005. During Duane Dyson, Chairman of the Violence Pre- in October 2005. On that occasion, he met with those visits, the Attorney General met face-to- vention Institute, a non-profit organization that approximately 300 high school and college stu- face with thousands of students of all ages, and sponsored the event as part of an ongoing, dents to discuss the issues of domestic violence engaged in frank discussions with them about the statewide campaign to educate young people and sexual assault. The most recent New Jersey choices they face, and the potential impact of about the real-life consequences of violence. Uniform Crime Report data showed that, de- those choices. Among schools visited were: East “Outreach to our schools — including candid spite a reduction in crime overall statewide, Orange Campus High Schoo0l, Newark Eastside give-and-take sessions like the one in East Orange there had been an increase in domestic violence High School, Cliffside ParkHigh School, Teaneck — is crucial to connecting with young people and and sexual assault, including among the elderly High School and West Orange High School. their parents, to de-glamorizing the thug life, and and young people. Attorney General Harvey to reinforcing education, respect and other life- was joined for the Bergen County event by rep- Discussing Ramifications of affirming values,” said Attorney General Harvey, resentatives of the county government, as well the “Thug Life” With Middle who returned to East Orange shortly after his visit as representatives of the Association of Black School Students with middle school students there for a similar Women Lawyers. session with East Orange High School students. While the Attorney General’s Office contin- In April 2005, Attorney General Harvey vis- “It’s true that enforcement is vital to making ued throughout 2005 to engage students in ited the East Orange School District and met our neighborhoods safe and upholding the law, but conversation about the false glamour of violence enforcement is not a complete solution, and never and gangs, there was also a concerted effort to can be,” he added. “We have to establish, and sus- focus attention on other critical issues — includ- tain, a conversation with our young people that ing underage drinking, and drinking and driving helps them recognize the worth — in their own (see pages 54 through 56). lives and in the community — of making positive choices. We simply cannot arrest, prosecute and incarcerate every troubled young person.”

Shown at left are posters displayed at NJ Transit bus stops throughout New Jersey. Both English and Spanish lanquage posters were created by our in- house communications staff.

41 Making New Jersey Highways Safer: A Matter of Enforcement, Prevention and Engineering

rincipally through the work of its Divi- 101 Days of Summer “Click It or Ticket” sion of Highway Traffic Safety — and On May 19, 2005, the Boardwalk in Seaside through the joint initiatives the Divi- The “Click It or Ticket” seat belt inspection P Heights, Monmouth County, served as the site sion undertook with other agencies — the At- campaign ran from May 23, 2005 to June 5, 2005 for the Attorney General’s “101 DAYS OF and was preceded by a major public awareness torney General’s Office continued in 2005 to SUMMER” kickoff event. Attended by hundreds campaign (advertising, press events) leading up to make important progress in its never-ending mis- of members of the State’s law enforcement strict enforcement of New Jersey’s primary seat sion to reduce the number of roadway crashes, community, along with representatives of the belt law. Seat belt compliance prior to the event and to reduce the fatalities, injuries and property Attorney General’s office, Division of Highway was at approximately 82%, which was deter- damage that can result. As it was in 2004, the Traffic Safety Director Roberto Rodriguez and mined by New Jersey Institute of Technology three-point bedrock of the Attorney General’s Tom Louizou, Eastern Regional Administrator surveys. Throughout the state, 434 police agen- strategy continued to be education, enforce- for the National Highway Traffic Safety Adminis- cies participated in the “Click It or Ticket” seat ment and engineering. tration (NHTSA), the event set the stage for a belt initiative, including 240 that had received Di- pair of major initiatives to promote traffic safety vision grants for the purpose and194 more who during the long summer season — “Click It or were doing it via existing resources. By the end of Ticket” and “You Drink and Drive, You Lose.” the two-week campaign, authorities had issued 65,000 seat belt summonses. A post-campaign seat belt usage survey revealed that public com- pliance had risen four points, to 86%. The 86% This pedestrian safety ad is one compliance figure was among the highest seat belt example of many messages that usage figures in the nation. The 2005 mobiliza- have been produced in both English and Spanish. tion established a benchmark for traffic safety in the Garden State, and provided law enforce- Below is a billboard from ment at every level the pride and impetus to our “Click It or maintain a heightened level of seat belt enforce- Ticket” campaign ment awareness throughout the year. As the year which were seen ended, conspicuous “Click It or Ticket” message throughout NJ. boards could be spotted along major New Jer- sey Highways — for example, the Atlantic City Expressway — reminding motorists to use their seatbelts. “You Drink and Drive, You Lose” The time frame for this two-week, “zero toler- ance” crackdown on Driving While Intoxicated was August 19, 2005 to September 5, 2005. The effort involved strict law enforcement vigilance in the service of identifying, and removing from the road, those who were driving drunk during the last two weeks of the summer tourist season in- cluding the Labor Day holiday weekend. Two press conferences were held to launch the campaign, including one held in Times Square in New York City on August 22, 2005. That event featured officials and members of law enforce- ment from New Jersey, New York and Connecti- cut (the Tri-State Traffic Safety Partners). Among those on hand were NHTSA Administrator Dr. Jeffrey W. Runge, Mothers Against Drunk Driv- ing National President Glynn Birch and Division Director Rodriguez. The second press conference was conducted on August 25, 2005 in Pennsauken, and featured Attorney General Harvey, Director Rodriguez, 42 and other law enforcement representatives from protecting lives, rights, communities the State Police, the New Jersey Association of locations: New Jersey State Police headquarters Chiefs of Police, local police and a representative on Route 1 south in Princeton, the Cape May from AAA’s Mid-Atlantic Region. County Airport, and Rutgers University/Middlesex A total of 382 police agencies throughout County Prosecutor’s Office. the State participated in the crackdown, com- In addition, the Division of Highway Traffic pared to 102 in 2004. One hundred police agen- Safety continued to work in 2005 with the New cies received “You Drink and Drive, You Lose” Jersey Department of Community Affairs’ Cen- enforcement grants through available Division ter for Hispanic Policy, Research and Develop- Roberto Rodriguez funding, while the balance participated without ment on “Partnering for Traffic Safety”— a Director grant funding. Altogether, participation repre- public awareness initiative designed to increase sented more than 80% of police agencies in proper child safety seat usage within Hispanic New Jersey. A total of 1,583 DWI arrests were communities. Through the program, the Center made during the two-week crackdown period offered sub-grants to nine community-based or- Division of compared to 316 during the same time period in ganizations that serve Hispanic populations. Highway Traffic the previous year. In all, 50,665 summonses were Leaders from these community-based entities issued for DWI, speeding, lack of seat belt usage were trained in child passenger safety, and in turn Safety and other violations. The summer 2005 mobili- delivered information materials to the popula- The New Jersey Division of Highway Traffic zation represented the most comprehensive tions that they serve. Safety was established under the National and successful “You Drink and Drive, You Lose” Highway Safety Act of 1996. The Division’s effort ever undertaken in New Jersey. Police Leadership Conference primary mission is to promote highway traffic Grants Provided to Anti- Held at the Sheraton Hotel in East Ruther- safety through prevention, awareness and ford from February 28, 2005 through March 2, enforcement efforts. The Division procures Underage-Drinking Initiatives 2005, the Police Leadership Conference in- and administers federal highway traffic safety Because it related directly to safety on New cluded participation by nearly 300 command- grant funds, and coordinates the traffic- Jersey’s roadways, the Division of Highway Traffic level senior law enforcement officials from New safety-related actions of State and local Safety continued to play an integral role in com- Jersey, New York, Puerto Rico and the Virgin Is- agencies. On an annual basis, the Division bating underage drinking in 2005. For example, lands, as well as the National Highway Traffic also develops a comprehensive, statewide the Division provided grants that enabled the Safety Administration. Convened under the highway traffic safety plan designed to pro- Cape May, Atlantic, and Monmouth County working title “Traffic Enforcement IS Law En- tect motorists and pedestrians along the Prosecutors’ Offices to work with agents of the forcement,” the event’s central theme was the state’s 33,000 miles of roads. For additional Attorney General’s Division of Alcoholic Bever- changing approach to traffic safety enforcement information on its mission, accomplishments age Control and local police during the summer required in a post-September-11 world. As At- and initiatives, visit the Division of Highway torney General Harvey noted, “There are many months on a collective, undercover effort to Traffic Safety Web site below. identify underage drinkers and those who served examples of major crimes being prevented or them in bars and restaurants throughout the solved by vigilant police officers engaged in traffic respective counties. Cape May County received enforcement.” Some of the conference work- • Director/Chairman, Roberto Rodriguez, $45,000 from the Division of Highway Traffic shop topics included: Trucks and Terrorism, Im- Governor’s Representative • Deputy Director, Gary Poedubicky Safety for the effort, while Atlantic and Monmouth paired Driving Enforcement, DWI Courts, County received $25,000 each. Fraudulent Documents, “Click It or Ticket” and “You Drink and Drive, You Lose.” The confer- www.NJSafeRoads.com Child Passenger Safety ence not only helped spark enthusiasm and cre- ated momentum for the traffic safety enforce- Recognizing that motor vehicle crashes are ment effort, it brought together hundreds of the number one cause of death for small children highway traffic safety professionals for a candid over the age of six months in the United States exchange of ideas and concepts. — and that child car safety seats are engineered to provide reliable protections for such young passengers — the Attorney General’s Office continued in 2005 to make proper use of child car safety seats a priority. Specifically, the Attorney General made Child Passenger Safety training an important component of the state’s traffic- safety-related public outreach efforts. Consistent with this philosophy, the first Child Passenger Safety class for children with special needs was held in Atlantic County in 2005. During the two- day training program, 23 persons were certified in the proper installation and use of child car seats. The Division of Highway Traffic Safety also established three permanent child seat inspection

The Division of Highway Traffic Safety took it’s message of responsible driving, pedestrian safety and proper seat belt usage on the road to public schools throughout the State. 43 Juvenile Justice in 2005: Reshaping Troubled Lives, Ensuring Public Safety

n terms of improving troubled young Group was established in response to evidence of enforcement agencies having patrol jurisdiction lives and forging a hopeful new direc- inconsistent use of stationhouse adjustment prac- in New Jersey. Training opportunities regarding III tion for juvenile offenders in State tices found by a statewide Juvenile Disparity Inquiry the guidelines, as well as the use of effective custody, the collaborative efforts of the Attor- (conducted by the Attorney General’s Office, the stationhouse adjustment techniques, will be pro- ney General’s Office and the Juvenile Justice Com- Judiciary, the Juvenile Justice Commission and lo- vided by experienced prosecutors and juvenile mission (JJC) paid important dividends in 2005. cal County Youth Services Commissions). officers, and will be coordinated through the Di- Based on the Juvenile Disparity Inquiry, it ap- vision of Criminal Justice. AG Issues Directive Mandating peared that stationhouse adjustment practices Stationhouse Adjustments were virtually non-existent in some towns, and Focus on Detention used regularly in other jurisdictions. The result Alternatives, Disproportionate On December 7, 2005, Attorney General was that, in some towns, a complaint was being Harvey announced a directive mandating that filed every time a juvenile was found committing Minority Confinement all police departments in New Jersey are to use a minor offense, while in other towns, first-time Throughout 2005, the Attorney General’s “stationhouse adjustment” techniques — an juvenile offenders caught committing the same Office and the JJC continued to devote time, en- alternative approach to resolving matters in- type of offense were being diverted, and avoid- ergy and resources to the Juvenile Detention Al- volving juveniles who are caught engaging in ing court involvement. According to Attorney ternatives Initiative (JDAI). The JDAI is a national minor delinquent activity. General Harvey, stationhouse adjustments are initiative that encourages juvenile justice agencies A stationhouse adjustment requires a po- rooted in a long-standing ethos that encourages to identify — and employ — alternatives to the lice officer who is handling a minor juvenile de- law enforcement agencies to divert from formal secure detention of young offenders while main- linquency offense to meet with the juvenile’s court proceedings those juveniles who are in- taining public safety and juvenile court appear- parent, guardian, or care giver — and the vic- volved in minor delinquent activity. These diver- ance rates. The JJC’s work in this regard was tim, if willing — to discuss the offense. sions enable the best possible use of limited law made possible by a $200,000 grant from the na- An officer conducting a stationhouse adjust- enforcement and judicial resources, and give un- tionally-recognized Annie E. Casey Foundation ment may refer a juvenile for needed services and, ruly youths an opportunity to understand the of Baltimore. To be certain, it is a complex and if property has been stolen or damaged, require seriousness of their behavior, with the hope that multi-faceted task to find suitable alternatives to the juvenile to make restitution in some form. they will not repeat it. In his directive, Attorney secure detention while also maintaining public Typically, the police officer will seek assurances that General Harvey put forth Stationhouse Adjust- safety. It requires juvenile justice agencies to col- the juvenile will avoid committing future offenses. ment Guidelines for all municipal and other law lect and analyze comprehensive data, and to be “The stationhouse adjustment process allows thorough — as well as unblinkingly objective — police officers to resolve minor disputes without in analyzing their existing protocols, implement- the need to file a complaint with the court,” said ing new strategies, and measuring outcomes. A Attorney General Harvey. “The goal is to effec- major focus of the JJC’s work in 2005 focused on tively supervise our young people so that they make better decisions to avoid criminal offenses. We also expect this process to give victims of Juveniles in JJC Custody work daily to develop teamwork (immediate minor offenses a quick remedy. This directive cul- right), keep pace with their minates more than two years of study, research academic studies and learn job and collaboration among affected agencies.” skills through programs like the In May 2004, Attorney General Harvey ap- culinary training at far right. pointed a Stationhouse Adjustment Working Group to report on the State’s use of station- house adjustment policies and procedures, and to make recommendations to ensure equal treat- ment of juveniles in every jurisdiction. The Working

44 protecting lives, rights, communities the issue of disproportionate minority confine- The core philosophy behind the change was ment. In 2005, five pilot counties — Atlantic, that JJC could better serve its goal of addressing Camden, Essex, Hudson and Monmouth — all the needs a young person may have — physi- continued to work with the JJC on addressing cal, emotional and behavioral — by handling medi- this priority issue. In addition, a state-level JDAI cal services in-house. The change provided an Steering Committee was established in 2005. opportunity to custom-tailor JJC medical services Among other things, the State Steering Com- so as to be cost effective, while still including the mittee worked on development and refinement preventive health care and educational compo- Howard Beyer of a “risk-screening tool” to be applied when a nents needed for an adolescent population. Director juvenile is being processed at intake. The main “Adolescence is a developmental stage and function of the risk-screening tool is to help en- learning how to care for oneself is part of it,” sure appropriate juvenile detention placement said JJC Executive Director Howard Beyer. decisions, and to avoid placements that may be “Young people must receive quality health care Juvenile Justice inappropriate, or harmful, to either the juvenile treatment as their needs require, but they also Commission in question or others. In 2005, the Steering must be taught about what is medically impor- Committee’s work resulted in 151 fewer youth tant if we are to expect them to return to soci- The New Jersey Juvenile Justice Commission being placed in secure detention each day, as ety and live productive lives.” (JJC) is the state agency responsible for provid- well as increased accountability and consistency As part of its new approach to medical services, ing juvenile rehabilitation and parole services. within the statewide juvenile justice system. The the JJC appointed a new Health Care Adminis- Established in 1995, the JJC serves to coordi- JJC’s Office of Local Programs and Services con- trator, Harold Brown, of Atco, Camden County. nate services and policies affecting delinquent tinues to oversee the effort. Brown holds an MBA in Health Care Administra- youth throughout the state. The JJC operates a tion and Finance from Rutgers University. Most total of 26 facilities including five secure facilities, In-House Medical, Mental recently he was employed by the Greenbriar 10 residential community homes, six day pro- Health Services Launched Healthcare Center as Assistant Administrator, grams, three substance abuse programs and two and served as chair of its Infection Control, special needs facilities. From delinquency pre- On January 1, 2005, the JJC began providing Quality Improvement and Safety Committee. vention and juvenile facility operations to voca- “in-house” medical services for approximately The JJC also hired approximately 35 new phy- tional and academic training for young offend- 650 young people housed in its secure facilities. sicians, nurses and support staff in 2005 to en- ers and parole services, the JJC is a partner in In addition, early 2005 marked the launch of a sure that young people in its care receive appro- the entire juvenile justice system. partnership with the University of Medicine and priate and timely medical attention. JJC medical • Executive Director, Howard L. Beyer Dentistry of New Jersey (UMDNJ) to provide staff are assigned to the Commission’s five se- • Deputy Executive Director, Thomas Flanagan young offenders in JJC custody with mental • Director, Rosanne Fairbanks - Office of Adminstration cure care facilities including: New Jersey Training • Director, John Amberg - Office of Education health services. The changes were part of an on- School in Monroe Township, Middlesex County, • Director, Brigite Mitchell-Morton - Office of Secure Care going effort to streamline and enhance the deliv- • Director, Robert Montalbano - the Life Skills and Leadership Academy located in Office of Community Programs ery of health care services to young people Tabernacle, in Burlington County, and the Juve- • Director, William Curry - Office of Juvenile throughout the JJC system. nile Medium Secure Facility, Juvenile Reception Parole & Transitional Services • Lisa Macaluso, Director - Office of In the past, the medical needs of young and Assessment Center, and the Female Secure Local Programs & Services people in JJC custody were covered under a Care and Intake Facility located on the JJC’s cam- • Director,Wimson Crespo - Office of Investigations contract between the Department of Correc- • Director, Barbara Chayt - Office of Specialized pus in Bordentown, Burlington County. and Interagency Services tions and a medical services provider. With the Meanwhile, a partnership between the JJC medical services contract set to expire, the JJC and UMDNJ’s University Behavioral HealthCare www.NJJJC.org took the opportunity to rethink its approach to meant that in-house mental health services were providing health services. offered at JJC beginning in January 2005.

45 The implementation of in-house mental health maintained their reporting schedules. Officers as- point to a career in the standardbred industry. services was vital, because nearly 67% of juveniles signed to the PRU receive extensive training The education program covers various equine committed to the JJC are diagnosed with at least both prior to assuming their duties, and while “in and industry-related areas, including: how to take one mental health problem including anxiety dis- service.” During the first six months of its opera- care of a horse, anatomy of a horse, barn man- order, post traumatic stress syndrome, depression tion, the PRU’s primary mission was to establish agement, proper grooming techniques, and ap- and substance abuse dependency. partnerships with law enforcement agencies — propriate equine equipment and supplies. JJC stu- The availability of in-house services is expected particularly County Prosecutors’ Offices and lo- dents receive vocational credits in animal hus- to help ensure that juvenile offenders dealing with cal police departments — and conduct fugitive bandry for their participation. mental illness will receive the treatment most ap- investigations in order to apprehend missing ju- The Standard Retirement Foundation is also propriate to ensuring their safety — and the venile parolees. assisting with supplies & equipment for the JJC’s safety of others — in a correctional setting, and Since June 1, 2005, more than 90 fugitive in- program, and will also provide veterinary services pursuing a positive life direction upon returning to vestigations were initiated. Sixty-five fugitive ju- as needed. Rutgers provides staff coverage on the community. In order to continue providing a venile parolees were caught and returned, either weekends and holidays, as well as program sup- full spectrum of health care services, the JJC also to JJC custody or to state Superior Court. There plies and guest speakers from the equine indus- contracted in 2005 with the St. Francis Medical were no major problems or public safety inci- try. The JJC has hired an Equine Instructor with Center in Trenton to provide hospitalization for dents during these fugitive apprehension efforts. more than 20 years of experience in the equine young people whose illnesses or injuries require it. The Parole Response Unit also participated in industry, including racing and training standard- In a related development, the JJC developed various community service programs in 2005. breds, and maintaining stables. a contract with UMDNJ in 2005 to provide men- tal-health-related training for custody staff work- Equine Program: Two JJC Staffers Receive ing in JJC secure care facilities and county deten- Hands-on Experience, tion centers. Entitled “Creating Safe and Re- National Honor for Gang spectful Environments,” the staff training centers Animal Husbandry Credits Prevention Efforts on increasing sensitivity to young people with After almost a year of preparation, two horses Two members of the JJC’s Gang Management special needs, employing positive approaches to — one male and one female — for the JJC’s new Unit received the National Gang Crime Re- problem solving, and using “de-escalating tech- Equine Program were delivered to the New Jer- search Center’s (NGCRC) 2005 Thrasher niques” to defuse potentially volatile situations. sey Training School in November 2005. The Award. The award was presented to staffers Equine Program is a joint effort between the JJC Dominick Cicala and Allen Mitchell at the open- Parole Supervision: Increasing and the Standardbred Retirement Foundation, ing session of the NGCRC’s annual conference Vigilance, Enhancing Training with assistance provided through a contract with and award ceremony in Chicago in August. Rutgers University’s Cook College. NGCRC is a non-profit organization that re- Tending to the needs and issues presented The horses, an 11-year-old gelding named searches and disseminates information on gangs by young people in its secure facilities and group Franco Nomad, and a seven-year-old mare named and gang members, and provides training and residential homes was only one aspect of the Doctor Jo Plumstead, have been donated by the consulting services. The Thrasher Award was JJC’s work in 2005. Elsewhere, the JJC continued Standardbred Retirement Foundation, which re- created in 1992 to recognize outstanding working through various parole supervision ef- tains actual ownership of the horses. The Stan- achievement in the effort to reduce gang activ- forts to ensure that, upon a young person’s re- dardbred Retirement Foundation (SRF) was ity. The award is named in honor of Frederick turn to the community, he or she is effectively created in 1989 to ensure the humane treat- Milton Thrasher, the author of a 1927 study of supervised, and that the community is protected. ment of Standardbred Horses, and to provide Chicago gangs that included the first social scien- The JJC established its first-ever Parole Re- the adoption services necessary to ensure the tific analysis of gangs. sponse Unit (PRU) in 2005. The PRU is charged horses receive a caring and loving home. Recipients Cicala and Mitchell were instru- with the responsibility of actively pursuing and The goal of the JJC’s Equine Program is to mental in creating the JJC’s comprehensive gang apprehending juvenile parolees who have not prepare students to become grooms, an entry awareness program. The program addresses youth gang activity at all levels. With funding from the New Jersey Department of Education, the JJC developed a cutting-edge education cur- riculum, entitled Phoenix, which corresponds to the State’s Core Curriculum Standards. The workbook-based course can be tailored for youth in secure detention and JJC residential and day programs, as well as county-operated deten- tion centers and community-based programs. The most important goal of the curriculum is de- veloping skills that enable juveniles to understand how to react to situations that pose a risk of gang involvement, and to avoid future gang activ- ity by thinking through their actions and re- sponses to those situations.

Skills training programs such as cosmotology and horticulture are an important part of preparing juveniles to return to their 46 home communities. protecting lives, rights, communities

Promoting Voter Participation; Ensuring the Integrity of Elections

n 2005 — a year in which the nation worth of new electronic voting machines through observed the 40th anniversary of the federal HAVA funding. In addition, the office worked III landmark federal Voting Rights Act — with each of New Jersey’s 21 counties as progress the Attorney General’s Office worked on continued — on schedule —to create and imple- many fronts to emphasize the importance of ev- ment a centralized, statewide voter registration ery citizen’s voting voice, and to encourage as data base by early 2006 as required by HAVA. many eligible New Jerseyans as possible to vote by making it more convenient. One example: so- Emphasizing Involvement in Markus Green called “no excuse” absentee ballot legislation took Democracy, Self-Empowerment OAG Chief of Staff effect in 2005. As a result, the November General Election became the first General Election in In addition to outreach efforts focused on State history in which voters who did not meet a helping young people avoid incarceration, injury, HAVA specific “absentee” criteria — illness, business out death and other consequences, the Attorney of state, employment-related schedule conflicts, General’s Office focused much of its energy in Implementation etc. — could vote by absentee ballot simply be- 2005 on empowering young people to make a cause they preferred it to visiting a polling site. difference in their own lives by getting involved Team in the democratic process. At the same time, through investigative activ- Staffed by attorneys and other profession- ity, cooperative effort with local election officials As part of this effort, Attorney General als with expertise in election systems and pro- and public-awareness-related outreach, the At- Harvey and the Attorney General’s Help cedures, the HAVA Implementation Team torney General’s Office continued to strengthen America Vote Act (HAVA) Implementation within the Attorney General’s Office has pri- the administration of elections, and to work to Team visited a number of high schools through- mary responsibility for ensuring that New Jer- preserve the integrity of the electoral process. out New Jersey to stress the importance of vot- sey achieves — and maintains — full compli- Consistent with its mandate under the fed- ing and to generate awareness of how the vot- ance with the mandates of the federal Help eral Help American Vote Act (HAVA) of 2002, ing process works. America Vote Act (HAVA) of 2002. The HAVA Implementation Team’s mission is to spread the Attorney General’s Office worked with cer- awareness about the importance of voting, to tain counties — those whose voting equipment Below is an example of the latest disseminate useful information to New Jerseyans was outdated — to acquire millions of dollars electronic voting machines now in use concerning how and where to register to throughout the State. vote, and to ensure that the voting process in New Jersey is as inclusive and user-friendly as possible. Among other things, HAVA requires that all states implement by January 1, 2006 a centralized and interactive statewide voter registration list that will be defined, maintained and administered at the state level. The HAVA Implementation Team is spear- heading that effort. As of this writing, voter registration information in New Jersey is main- tained at the county level. The Attorney General’s Office is currently working with a private contractor and Superintendents of Elections, Boards of Elections, County Clerks, Municipal Clerks and other agencies that share data to complete implementation of the Statewide Voter Registration System. The HAVA Implementation Team has also worked with several counties on their acquisition of new electronic voting machines to replace outdated machines — a HAVA requirement. In addition, the HAVA Team continues to conduct public awareness initiatives under the banner of the Attorney General’s “Be Power- ful, Be Heard” initiative.

www.NJElections.org 47 On April 5, 2005, Attorney General Harvey the recording of a “Be Powerful, Be Heard” Public Motivating Voters Through “Be was joined by Hip-hop recording artists, state Service Announcement (PSA) at East Brunswick Powerful, Be Heard” Campaign and local officials, school administrators, educa- Vocational Technical School in Middlesex County, tors, radio personalities and professional sports and an event at Barringer High School in Newark Once again in 2005, the Attorney General’s figures at Perth Amboy High School to kick off in which Attorney General Harvey was joined by Office devoted a significant amount of staff re- the nation’s largest youth vote initiative — “Be Latin music sensation Frankie Negron. sources and HAVA funding to the task of re- Powerful, Be Heard” — with a pep rally. More At the East Brunswick vocational school minding eligible New Jerseyans of every age, race than 1,000 Perth Amboy High School students event, the Attorney General was joined by and ethnicity of the importance of voting. took part in the event. They were joined, via James Prendergrast, a student at the school who The simple but potent message was to “Be Internet Web “streaming,” by thousands of took top honors in the Attorney General’s “Be Powerful, Be Heard” by voting and, through a other public school and college students around Powerful, Be Heard” spoken word poetry con- variety of strategies, that message was carried to the state. The event served as a launch for the test. At the Barringer High School event in every corner of the state. “Be Powerful, Be heard” get-out-the-vote cam- Newark, Latino singer-songwriter Negron One of the most important “Be Powerful, Be paign, which culminated with Hip-Hop Summit II in helped the Attorney General host a Halloween- Heard” outreach events of 2005 was Hip-Hop Summit II, held at the Sovereign Bank Arena in Tren- Trenton on September 23, 2005. Perth Amboy day rally to encourage Latino students to vote in ton on September 23. Approximately 5,500 high was chosen as the site for the kickoff in part be- the November General Election. A Newark na- school and college students from throughout New cause of its historical significance to voting. The tive and graduate of the city’s Arts High School, Jersey attended Hip Hop Summit II. The event first African-American to vote in the United Frankie Negron has received numerous Platinum brought together voting age and soon-to-be-vot- States, following passage of the 15th Amendment record awards, and his music dominates the air- ing-age young people with representatives of the in 1870, was Thomas Mundy Peterson, who re- waves of many Latino radio stations. In addition Attorney General’s Office and popular hip-hop re- sided and cast that first vote in Perth Amboy. to joining the Attorney General at Barringer cording artists and other celebrities for a candid pre- Other HAVA-related events that brought the High School, Negron volunteered his time to sentation about democracy, governance, and the Attorney General and representatives of the tape a pro-voting PSA for the “Be Powerful, Be significance of every individual’s voting voice. HAVA team into New Jersey schools included Heard” voting awareness campaign. Paid for with federal HAVA funds, Hip-Hop

Above, nationally syndicated radio personality, Wendy Williams reads for the taping of a pro-voting PSA.

Above right, holding his award (next to AG Harvey) is James Prendergrast, winner of the Spoken Word Competition. The finals were held September 30, 2005 at the Hip-Hop Summit II, Sovereign Bank Arena, Trenton at right.

48 protecting lives, rights, communities

Summit II cost less than $100,000 overall to stage America’s Top Model Tocarra Jones and Def Jam Queen Latifah and former New Jersey Nets bas- — including rental of the arena, food for the thou- Poets Lemon and Black Ice. The celebrities, along ketball star Kenny Anderson, were nominated in sands of student attendees, bus transportation with 15 high school and college finalists from a 2005 to receive an Emmy Award. for students, and live Internet video streaming “Be Powerful, Be Heard” spoken word competi- In addition to the Hip-Hop Summit, the At- of the event. (Participating celebrities donated tion held earlier in the year, participated in a torney General’s Office also sponsored public their time.) That translated to an average cost- panel discussion about voting, democracy and events in 2005 designed to encourage college per-student of between $17 and $18, a worthy governance. Also on hand for the discussion students, senior citizens and members of the investment in New Jersey’s future in light of Hip- were Attorney General Harvey, Def Jam military to vote. The Attorney General also Hop Summit II’s emphasis on self-determination, Records founder Simmons, and Dr. Benjamin hosted public forums on voter fraud and the is- affecting positive change through positive activ- Chavis of the Hip-Hop Summit Action Network. sue of voting rights for ex-felons. On the latter ism, and the value of being involved in — instead Throughout 2005, the Attorney General’s Of- issue, the Attorney General noted, misinforma- of distanced from — the process. fice continued to spread awareness of the impor- tion often circulates that ex-felons can never Attorney General Harvey noted that, by tance of voting through many other initiatives as well. again vote in New Jersey. In fact, the law is that law, HAVA funding is to be used by states not The HAVA initiatives included Public Service persons stripped of their right to vote after a only to acquire new election-related equipment Announcements (PSAs) by celebrity volunteers, felony conviction can re-register and vote once and create a statewide voter data base, but also as well as sporting and community events, and an they have successfully completed their jail terms to promote public awareness and increased informational Web site at www.NJElections.org . or terms of probation or parole. voter participation. Including get-out-the-vote spots recorded in “There is clearly an ongoing need to gener- 2004, the PSAs that could be viewed on the Other highlights from 2005 included: ate awareness of, and enthusiasm for, the act of Web site in 2005 featured individual messages Training voting and remaining a vital participant in our de- from such celebrities as Queen Latifah, actor ❖ The Attorney General’s Office, working in mocracy — especially among young people,” he William “Billy” Baldwin, the Reverend Run (for- conjunction with Rutgers University and the said. “Events like Hip-Hop Summit II are an im- merly of Run DMC), Fat Joe, Doug E. Fresh, MC New Jersey Association of Election Officials portant part of that process. It would be short- Lyte, radio personality Angie Martinez and oth- (NJAEO), provided the first-ever county sighted and foolish of us to invest millions of dol- ers. Four individual PSA’s from 2004, featuring election officials training program. The inau- lars in what is essentially the infrastructure of de- actors Michael Douglas and Jason Alexander, gural New Jersey County Election Officials mocracy — state-of-the-art electronic voting equipment, new data management systems, etc., — and then ignore the human component.” “Through events like Hip-Hop Summit II, and Help America Vote Act the 2004 Hip Hop Summit held at the Trenton Celebrity Public Service Announcements War Memorial, thousands of young adults are becoming engaged in a discussion about govern- 1 Frankie Negron ment, and the importance of voting – perhaps 123 for the first time in their lives,” added the Attor- 2 Russell Simmons ney General. “In addition, they have been given important food for thought concerning such 3 Jason Alexander critical issues as self-expression, individual respon- sibility in a free society, and the ability of one 4 Reverend Run 4 56 person to make a difference by channeling his or her energy in a positive way.” 5 Michael Douglas Among the celebrities who attended Hip Hop Summit II were: Doug E. Fresh, Jim Jones, 6 Queen Latifah Freeway, Jha Jha of the Diplomats, The Game, Jaheim, Miss New Jersey Julie Robenhymer, 7 Jimmy Fallon 7 8 9 The print ad below features Frankie Negron 8 Kenny Anderson who worked with the Attorney General’s Office to increase voter awareness in New 9 Angie Martinez Jersey’s Hispanic population. 10 Billy Baldwin 10 11 12 11 Remy Martin 12 Fat Joe

13 MC Lyte 13 14 15 14 Vin-Roc 15 Doug E. Fresh 16 DMC 16 17 18 17 Amanda Diva

18 T.I. 49 Training Program took place in January 2005 cited by the Association for playing a “pivotal sons provided by the state Bureau of Vital Sta- at the Center for Government Services at role” in the success of the 2004 Mock Elec- tistics. Again, the Division of Law played a key Rutgers University. It trained county election tion. As National Headquarters for the role in the process, providing advice to the officials in such basic areas as voter registra- event, the New Jersey Division of Elections counties and, where necessary, seeking court- tion, write-in candidates, legal notices, absen- collected and processed Mock Election votes ordered extensions allowing local election offi- tee and paper ballots, polling places, challeng- from all 50 states, Washington, D.C., and par- cials time to complete the arduous task of scru- ers, the training of poll workers, Election Day ticipating American schools around the tinizing every absentee and provisional ballot procedures, electoral integrity and the Open world. Altogether, more than 4 million votes before counting it. Public Records Act (OPRA). Funding for the were cast. The National Student/Parent course was provided under HAVA. Addi- Mock Election is a non-partisan, non-profit Ensuring Voting Integrity: tional training sessions — one on voting de- event in which 60 national civic, educational Public Official Charged vices, the other on advanced elections ad- and other organizations participate including ministration issues — were held later in 2005. the National Association of State Boards of with Ballot Tampering Education Education, the U.S. Chamber of Commerce On the election integrity front, the Office of ❖ In February 2005, the Division of Elections and the League of Women Voters. The Government Integrity (OGI) within the Attorney hosted the State’s Third Annual Polling Place Mock Election is widely respected as a means General’s Office obtained an indictment in No- Accessibility Workshop. Consistent with pri- of generating interest among non-voting-age vember 2005 accusing a public official in Atlantic orities set by Attorney General Harvey, the students in democracy and voting. City with absentee ballot tampering. The indict- Division and HAVA, the workshop was held ment charged Atlantic City Councilman Wayne to provide local and county elections officials Attorney General Spearheads Small, 31, with filing 10 bogus absentee ballot ap- with information and assistance needed to Statewide Voter Data Review plications with the Atlantic County Clerk’s Office achieve 100 percent polling place accessibility while representing himself as authorized messen- In an unrelated action to ensure the integ- for the disabled. More than 200 local and ger for the 10 “applicants.” Registered voters in rity of elections, the Attorney General asked county election officials signed up to attend New Jersey can obtain an absentee ballot in per- each county in 2005 to review and update its the session, which featured experts from son, or can apply by mail and, if they choose, voter registration rolls after concerns were government, academia and the disabled ad- designate an authorized messenger to pick up aired in the weeks prior to the General Elec- vocacy community. So enthusiastic was the the ballot for them. tion that voter data bases were out of date in enrollment response that morning and after- (If a registered voter applies for and receives some counties, and that the names of persons noon sessions had to be scheduled to ensure an absentee ballot, a mark is placed next to his who had died or moved out of state had in a spot for all who wished to attend. or her name in the polling book to ensure that, many cases not been purged. The Division of on Election Day, no one votes at an actual poll- National Award Law within the Attorney General’s Office pro- ❖ ing site using that voter’s same identity.) Small By virtue of its stellar performance in the vided counsel and staff assistance for the mas- was charged in the indictment with 10 counts of 2004 National Student/Parent Mock Election, sive effort. Ultimately, the task became even tampering with public records, a third-degree of- New Jersey was named in 2005 to receive larger after the counties were directed by a Su- fense, and one count of hindering or preventing the National Association of State Boards of perior Court judge to match up every absentee a vote, a fourth-degree offense. If convicted on Education Award for Outstanding Leader- and provisional ballot cast in the November all charges, Small could face more than 50 years in ship. Attorney General Harvey, the State’s General Election with data on deceased per- prison and fines of up to $160,000. Small could also Chief Election Official, said New Jersey was forfeit his position on the City Council in Atlan- tic City, as well as his public employment with the Atlantic City school district. As of year’s end, the Small matter was still pending. protecting lives, rights, communities Ensuring the Integrity of NJ’s Casino Industry; Setting a Worldwide Standard for Gaming Leadership

n 2005 the Attorney General’s Office, information to the State as reason to revoke through its Division of Gaming Enforce- Interstate’s license to do business with the casinos. III ment, continued to ensure the integrity The formal complaint was required because of New Jersey’s casino gambling industry by the Casino Control Commission, in 2004, blending vigilance, regulatory oversight and issued Interstate and the DiTommassos licenses effective law enforcement activity. and qualifications to do casino work following an At the same time, New Jersey continued to extended hearing. The Division has filed an provide a standard of excellence — and leadership appeal of that July 2004 decision by the Thomas Auriemma — for an ever-expanding international commu- Commission. However, as of this writing, no date Director nity of legalized gaming jurisdictions. has been set for argument before the Appellate Division of New Jersey Superior Court. Vigilance: Complaint Seeks to In its complaint seeking to ban Interstate and Division Revoke License of Company the DiTommassos, the Division of Gaming Enforce- of Gaming ment noted that information was presented at the With Mob Ties original Casino Control Commission hearing Enforcement In its ongoing fight to keep legalized gaming in linking the two Interstate companies, as well as The Division of Gaming Enforcement was es- Atlantic City free from the taint of organized the DiTomassos, to organized crime. crime, the Attorney General’s Division of In addition, the Division’s complaint notes tablished in 1977 under the Casino Control Act Gaming Enforcement filed a complaint in 2005 that it has developed further information that to ensure the integrity of casino gaming in New seeking to revoke the casino service industry the DiTommaso brothers had ties to the Jersey. Its mission is to protect the public inter- licenses of Interstate Industrial Corp. and DeCavalcante and Gambino organized crime est by maintaining a legitimate and viable indus- Interstate Drywall, as well as the company’s two families dating back to the 1980s. The complaint try, free from the influences of organized crime, owners, Frank and Peter DiTommaso. further alleges that the DiTommasos gave false and ensuring the honesty, good character and In a three-count complaint filed with the New information to Division investigators in an integrity of casino owners, operators, employ- Jersey Casino Control Commission, the Division attempt to mislead them concerning the ees and vendors. The Division performs its mis- cited the DiTommasos’ association with career DiTommasos’ relationship with former New sion through enforcement of the Casino Con- offenders and career offender cartels, their lack York Police Commissioner Bernard Kerik. trol Act and related regulations, which were de- of good character and their supplying of false signed to ensure a strictly regulated and eco- nomically sound casino gaming industry. Over- sight by the Division includes investigations, in- spection and audit, as well as criminal and regu- latory prosecution. Criminal cases identified by the Division of Gaming Enforcement are pros- ecuted by the Division of Criminal Justice.

• Director, Thomas N. Auriemma • Deputy Director, Mitch Schwefel • Gary Ehrlich, AAG • George Rover, AAG • Anthony Restuccia, Chief State Investigator www.NJDGE.org

51 MGM/Macau Investigation to nine.) Specifically, the indictment charges that sentenced to 46 months in federal prison. on three separate dates in September 2003, Placement on the Exclusion List is based on In 2005, the Division of Gaming Enforcement Borgata security personnel notified State Police proof that an individual’s presence in a licensed began an investigation into MGM Mirage’s plans detectives assigned to the Division of Gaming casino would be against the interest of the State to develop a casino hotel in Macau, China. The Enforcement of suspicious activity involving Tran of New Jersey, or of licensed gaming. Exclusion investigation focuses on the relationship of Pansy and his dealing activities at a Mini-Baccarat table. may be based on organized crime membership nj.gov/oag/law Ho and her father, Stanley Ho. Pansy Ho is The indictment charges that, on those dates, Tran or associations, or prior convictions for serious managing director of Shun Tak Holdings Limited, employed a “false shuffle” — a move whereby offenses. An individual has 30 days to request a a leading Hong-Kong-based conglomerate the entire quantity of cards in the eight-deck shoe hearing to contest an exclusion petition. operating four core businesses — shipping, are not properly reshuffled. As a result of the www. property, hospitality and investments. Pansy Ho “false shuffle,” it is alleged that defendants Ho, Ti Keeping Pace: Technical Service has been described by MGM Mirage as a partner Tran and Pham received more than $35,000 in Bureau or “Slot Lab” Ensures in the MGM Grand Macau venture. Pansy Ho’s illegal winnings on Sept. 20-21, 2003. It is charged father, Stanley Ho, is a wealthy Chinese that on Sept. 26, 2003, defendants Ho, Ti Tran, Slot Integrity businessman who, over the years, has been the Luu, and Ngo placed winning bets in excess of As the increase in volume, complexity and subject of numerous public allegations suggesting $15,000, as a result of another “false shuffle” sophistication of slot machines continues, the that he has ties to Asian organized crime. conducted by Tran. role of the Division of Gaming Enforcement’s In June 2005, MGM Mirage began construc- The Division of Gaming Enforcement, Technical Service Bureau — more commonly tion of a $1billion hotel-casino, known as the frequently working in concert with the Division known as the Slot Lab — continues to expand. MGM Grand Macau. In addition to gaming space, of Criminal Justice, continues to target fraud, Currently, more than 42,000 slot machines the structure will include a hotel, restaurants, casino-employee-devised cheating schemes and fill Atlantic City’s dozen casinos. The Slot Lab’s entertainment venues, a convention center, other illegal activities that impact economically mandate is to test, evaluate and ensure the retail shops and spa facilities. The hotel-casino is on the casinos, and threaten the integrity of the integrity of any electronic gaming equipment expected to have approximately 600 hotel legal gaming industry. utilized by the casinos. To handle the job, there rooms and suites, as well as a casino featuring are 14 engineers, three statisticians and 16 gaming 1,000 slot machines and 300 gaming tables. Petitions Filed to Ban Individuals equipment specialists assigned to the Slot Lab. Via Casino Exclusion List In 2003, the slots voucher system was Enforcement: DGE Joins introduced with the opening of the Borgata Division of Criminal Justice In early 2005, the Attorney General’s Office Hotel Casino Spa. The Borgata announced that and the Division of Gaming Enforcement it would employ the newly-created system in all to Indict Gaming Cheats announced that petitions had been filed with the of its 3,640 machines. The system replaced the In January 2005, the Division of Gaming Casino Control Commission to add two convicted familiar “change cups” with a ticket voucher, Enforcement joined with the Casino Prosecu- slot machine cheats — Sean McAndrew, 64, of revolutionizing the awarding of jackpots, and the tion Bureau in the Division of Criminal Justice to Long Beach, California and Eugene Bulgarino, transferring of credits. The voucher system is charge a former Borgata Casino Mini-Baccarat 72, of Peoria, Arizona — to New Jersey’s Casino known as Ticket In-Ticket Out or TITO. At the dealer with devising a “false shuffle” cheating Exclusion List. Being named to the list bars time of its introduction, no regulations or scam that netted $61,000 in illegal winnings for individuals from entering any Atlantic City casino minimum technical standards existed for review. five players allegedly participating in the scheme. hotel. There are currently 175 persons named This necessitated involvement by the Slot Lab in A State Grand Jury indictment resulting from to the exclusion list. developing new compliance review require- an extended — and complex — multi-agency The petitions filed in 2005 sought to exclude ments. Under TITO, slot patrons receive a ticket investigation charged defendant Lu T. Tran, of McAndrew and Bulgarino, because they have been with which to play instead of coins. The ticket Atlantic City, and five other individuals with multiple convicted in the past of swindling millions of dollars tracks a player’s earnings and credits. It also allows counts of criminal conspiracy, and multiple counts from various Las Vegas casinos. In November for the transfer of a player’s credits from machine of swindling and cheating at casino games, related 1997, just prior to his arrest in connection with to machine. Additionally, a patron can redeem his to activity that took place in 2003. the theft of some $6 million from Las Vegas or her “payout” ticket at kiosks located through- Defendant Tran was identified as a former casinos, McAndrew traveled to the South Jersey out the casino. The transition to vouchers paved casino games dealer at the Borgata. Another area with the goal of targeting a $5 million slot the way for a host of ancillary gaming products jackpot at an Atlantic City casino. The jackpot defendant, Tuan M. Ho of Atlantic City, was — automated jackpot payout, automated gaming was won legitimately before McAndrew had an employed at the Trump Plaza Hotel and Casino voucher redemption machines, and a system of opportunity to commit the theft. at the time of his indictment. non-cashable electronic promotional credits — all In 1983, McAndrew pleaded guilty to a federal If convicted on all charges, Tran, Ho and a third of which had to be evaluated by the Slot Lab. indictment in Nevada charging him, and other defendant, Tu Anh Ti Tran, of Atlantic City, face Within the past five years, a series of highly accomplices, with using a device to illegally manipulate up to 20 years in State Prison and fines and penalties technical and sophisticated developments have slot machines and collect approximately $250,000 of up to $60,000. Defendants Binh H. Pham, of been introduced into gaming, including electronic in fraudulent jackpots at various Las Vegas Atlantic City, Hung Luu, of Phoenixville and Cuong fund transfer systems and bill validation technol- casinos in the mid-1970s. McAndrew served Tu Ngo, of Philadelphia, face up to 10 years in ogy. Each new system has to be integrity-tested eight years in prison and was released in 1991. state prison and fines/penalties of up to $30,000. by the Slot Lab before being implemented. In 1998, McAndrew was convicted a second The 2005 indictment alleges that Lu T. Tran, The next challenge facing the Slot Lab is time for engaging in a slot cheating scam, this while employed as a casino dealer at the Borgata downloadable technology, by far the most one between September 1996 and November Hotel and Casino, engaged with players at a Mini- sweeping change currently under consideration. 1997. As a result, he was sentenced to 90 Baccarat table to cheat at the game, which resulted This technology will revolutionize slot floors months in federal prison. Bulgarino, who was in the players obtaining more than $61,105 in illegal simply by deleting the existing software on a listed in the 1980 Pennsylvania Crime Commis- winnings. (Mini-Baccarat is a casino game in which particular machine and installing new software sion Report as an associate of the Bruno cards are dealt from an eight-deck shoe to two from a central server on which approved Organized Crime family in Philadelphia, pleaded programs will reside. The technology will also spots on the gaming table — “player” and “banker.” guilty to being an accomplice to McAndrew’s Patrons bet on which spot will get a total closer allow slot managers to change percentages, or 52 1996-1997 cheating scam in Las Vegas, and was to tailor games to an individual player’s prefer- protecting lives, rights, communities ence. The new technology involves a host of security and regulatory issues that require Regulation, resolution. Gaming Enforcement’s Slot Lab engineers, and its Regulatory Enforcement Bureau, are working with the Casino Control Commis- sion, and with manufacturers, to address the Oversight of the issues. It is anticipated that new downloadable technology will be in play in the Atlantic City casinos sometime in 2006. Horse Racing Industry Providing a Standard of Excellence, Worldwide Major Settlement with Horsemen Leadership Paves way for Prestigious Within the past 15 years, the legal gaming Breeder’s Cup in 2005 industry has exploded — not only throughout the United States, but worldwide. Today, more n a development with major implications than 40 nations around the globe have legal for New Jersey’s horse racing industry, Attorney General Harvey and the New gaming venues, with some countries having III Frank Zanzuccki Jersey Racing Commission announced in 2005 that multiple gaming jurisdictions. Tanzania, Russia and Executive Director Singapore have become the newest entries into the Racing Commission had reached legal settle- the international gaming community, and the list ment with the New Jersey Thoroughbred of nations that are initiating legal gaming expands Horseman’s Association, paving the way for the on an almost yearly basis. 2007 Breeders’ Cup championship races to be Racing This explosion in the popularity of legal held at Monmouth Park. Commission gambling — and the industry’s proliferation In addition to clearing a path for New Jersey worldwide — has created a need for communi- to host the prestigious Breeders’ Cup competi- The core mission of the New Jersey Racing cation and cooperation among nations to tion, settlement of the Racing Commission’s Commission is to govern, direct and regulate address national and international concerns complaint against the THA was expected to horse racing and pari-mutuel wagering in New involving gaming-related issues. To that end, the strengthen the integrity of horse racing through- Jersey. The Racing Commission conducts vigor- International Association of Gaming Regulators out New Jersey. ous oversight of horse racing matters through- (IAGR) has evolved into the clearing house for The goal of the Racing Commission in filing its out the State to ensure that racing is conducted gaming regulators and a model to provide leadership. original lawsuit against the THA was to ensure in a fair and responsible manner. Commission staff In September 2005, Division of Gaming Enforce- that funds earmarked for programs intended to members also provide administrative support to ment Director Thomas N. Auriemma presided benefit the horsemen and backstretch personnel encourage the growth of the horse racing indus- over IAGR’s international conference of gaming were in fact used for those purposes. Under try through expansion of wagering opportunities. regulators in Vancouver, British Columbia. As IAGR’s terms of the settlement agreement, funds sub- president, Director Auriemma welcomed more ject to the Racing Commission’s regulatory juris- than 120 leading gaming regulators from around • Executive Director, Francesco Zanzuccki diction will be returned to the control of the • Deputy Director, Michael Vukcevich the world to debate and discuss critical issues Racing Commission. Those funds include 2.9 • Chairman, John J. Tucker common to all in the industry: internet gambling, percent of all purses, including those supple- Commissioners: compulsive gambling and downloadable mented by the New Jersey Sports and Exposition • Samuel M. Cannella technology. Authority, and the money in the Thoroughbred • Anthony R. Caputo Since legalized gaming’s inception in Atlantic • Lawrence Codey Horseman’s Bookkeeper Interest account. In addi- • Peter J. Confrancesco, III City in 1978, New Jersey regulators have built a tion, as part of the settlement, the THA agreed solid reputation for maintaining the integrity of • Edward R. McGlynn to make by-law changes that formalize conflict- • Daniel A. Monaco the casinos by keeping out organized crime and of-interest and anti-nepotism provisions for of- • Noel Love Gross other undesirable elements. Put simply, the DGE ficers and board members of the THA. Also, is recognized as the premier casino regulatory THA agreed to an orderly budget process going agency in the world. In 2005, many gaming juris- www.nj.gov/oag/racing forward, with its budgets subject to the regula- dictions — both established and emerging — tory requirement that 70 percent of funds sub- continued to look to the DGE for leadership and ject to Racing Commission oversight will be used guidance. In addition many gaming venues, including tribal casinos, have modeled their casino laws, for programs to benefit the horsemen. The regulatory systems and practices after New Jersey. THA also agreed to elect a new governing — the final race of the day — is the richest horse Among other achievements, the Division of Board, and committed to having a majority of race in the United States. Prior to the settlement Gaming Enforcement was instrumental in drafting that Board consist of new members. agreement, Breeders’ Cup officials had expressed and implementing a universal personal history The settlement agreement was approved by concern about bringing the championships to disclosure form — the “Multi-Jurisdictional History a New Jersey Superior Court Judge sitting in New Jersey in a climate of legal disagreement be- Disclosure Form” — which was accepted by the Monmouth County. The Breeders’ Cup consists tween the Racing Commission and the THA. International Association of Gaming Regulators. of eight thoroughbred races in one afternoon. The form significantly reduces the filing time of The combined $14 million purse attracts top individual applicants for gaming-industry-related horses and jockeys, and the Breeders’ Cup Classic licenses and qualifications. The form is now used around the world. 53 Combating Underage Drinking: Working to Ensure Responsible Use, Sale of Alcohol

ear in and year out, one of the most And there was no let-up for those breaking the County Prosecutor’s Office, launched “Cops in significant public safety issues confront- law. As a new semester got under way in Septem- Shops” programs during the summer and com- Y ing the Attorney General’s Office is the ber 2005, Attorney General Harvey announced mitted to operating them year-round. Funding purchase and consumption of alcohol by young 58 more arrests as the result of a joint under- for those initiatives was provided by a total of people under the legal drinking age of 21, and the cover investigation involving the ABC and Union $203,000 in grants from the federal Office of Ju- harm that can result. One example: there were Township police at a Union Township bar/eatery venile Justice and Delinquency Prevention. 275 alcohol-related traffic fatalities in New Jersey in known as the Jumbalaya Restaurant. “Cops in Shops” is a program designed by 2004. Forty-one of the victims were under age 21. “We are very concerned about underage The Century Council, a national non-profit orga- Although alcohol-related tragedies are not drinking, since it produces fights and motor vehicle nization funded by America’s leading distillers, the sole province of underage drinkers, there is accidents, and contributes to sexual assault,” said that is committed to fighting underage drinking. no question that many young people — people Attorney General Harvey. “Our goal is to protect Under the program, local police officers work too young to drink legally — have lost their lives young people from injury and death, and to help undercover in participating retail locations. Law in New Jersey as a result of binge drinking, high- them develop into thoughtful and productive adults.” enforcement officials either pose as store em- way accidents, fights and other incidents involving By working cooperatively with both local and ployees or are positioned outside the establish- illicitly-obtained alcoholic beverages. county law enforcement officers, the Attorney ment to apprehend adults who try to purchase In 2005, the Attorney General’s Office contin- General’s Office and the ABC enhanced State alcohol for underage drinkers. ued — through a variety of public awareness and efforts to combat underage drinking, and re- As part of the program, retail outlets dis- enforcement efforts — to emphasize the respon- duced the potential in college communities for play posters and decals, provided by The Cen- sible use of alcoholic beverages by all individuals, but alcohol-related tragedy involving young people. tury Council, on doors, windows, counter tops, made underage drinking one of its highest priorities. Of course, another perennial concern relative to and cold cases warning underage drinkers that the underage drinking problem is the summer vaca- a police officer may be working undercover in Underage Drinking tion season at the Jersey Shore. In June, the Attor- the establishment. Enforcement Initiatives ney General’s Office made clear that “shore towns” Since its inception in 1996, more than 4,400 would also be well-policed for underage drinking underage persons and adults who have pur- In March 2005, the Division of Alcoholic Bever- throughout the summer, while also announcing a chased alcohol for young people were arrested. age Control (ABC) within the Attorney General’s vigorous underage drinking prevention effort. Approximately 440 individuals were arrested Office announced the arrest of 90 persons state- As part of the enforcement strategy, a total during summer 2004 alone and, although totals wide for underage drinking. The arrests resulted of 23 seashore municipalities participated in a for summer 2005 are not available at this writing, from a targeted, statewide undercover effort by program known as “Cops in Shops” during the similar arrest numbers are expected. Underage the Division to combat illegal drinking on and summer. Meanwhile, an additional 25 towns drinkers and the adults who purchase alcohol for around college campuses. throughout the State, as well as the Gloucester them face a minimum fine of $500 and a manda- The effort had actually begun in October 2004, County Prosecutor’s Office and the Salem tory loss of their driver’s license for six months. and focused sharply on “college towns,” and the municipalities that surround them, both of which typically see a large influx of young people during the school year. Under the program, ABC agents, working with local police departments, arrested underage persons, as well as bartenders, wait staff, store clerks and others who aided in the purchase of alcohol by those under the legal age, or who may have participated in other illegal activity. (In ad- dition to criminal charges that may be filed against underage persons who purchase alcohol, the liquor licensee may be subject to administrative charges from the ABC or municipal body for violation of state Alcoholic Beverage Control laws.) By May 2005, a total of 146 underage drinkers had been arrested in and around college commu- nities since the initiative’s launch the previous fall.

Attorney General Harvey and ABC Director Jerry Fischer with Siobhan Doran, of Hazlet, winner of the 2005 “Dangers of Alcohol” Bill- 54 board/Calendar Competition. protecting lives, rights, communities

Prevention Efforts Remain a ganization that is committed to fighting underage drinking, Silveria and his father, Tony, visit high Key Component schools across the country, free of charge, pro- Although the Attorney General’s Office re- viding a special one-hour assembly program that mains committed to deterring illegal use of alco- recounts Silveria’s involvement with alcohol, the holic beverages through investigation and, where near-fatal car wreck, and his life since. appropriate, prosecution, efforts focused on Attorney General Harvey, ABC Director prevention and public-awareness remain indis- Jerry Fischer, and Silveria attended assemblies at Jerry Fischer pensable aspects of the overall strategy as well. both West Windsor-Plainsboro High School Director South and High School North in May 2005. In “Dangers of Alcohol” Calen- doing so, they delivered a strong message fo- dar/Billboard Competition cused on the consequences of underage drink- ing, as well as drinking and driving, to a total of A successful initiative in 2005 was the “Dan- Div. of Alcoholic nearly 1,000 students on the eve of their proms gers of Alcohol” calendar/billboard competition. and graduation ceremonies. Attorney General Beverage Control A cooperative effort between the ABC and the Harvey again joined Brandon Salveria at Cliffside Partnership for a Drug-Free New Jersey, the The mission of the Division of Alcoholic Park High School in October 2005 for a similar statewide initiative encouraged middle school Beverage Control is to protect the public presentation on the consequences of drinking students and their parents to work together to health, safety and welfare by regulating how al- underage, and drinking and driving. create calendar/billboard messages centered on coholic beverages are sold, and by encouraging the potential dangers of drinking. The competi- moderation and responsibility in the consump- tion of alcohol. Comprised of the Office of tion generated more then 1,500 entries in 2005 “Ask, Listen, Learn: Kids the Counsel to the Director, the Enforce- — up from approximately 1,000 the previous and Alcohol Don’t Mix” ment Bureau, the Investigative Bureau and the year. Thirteen winning messages, selected from Consistent with its recognition of the issue as a Licensing Bureau, the Division fulfills its mission the submissions, were featured on a calendar top priority, the Attorney General’s Office took its by regulating and licensing the manufacture, that was distributed to middle schools at the anti-underage-drinking message not only to those distribution, sale and transportation of all alco- start of the 2005-2006 school year. One mes- most likely to engage in such activity — high school holic beverages in New Jersey. If a licensee vio- sage was featured for each month on the calen- students — but to younger students as well. lates any law or regulation, the Director may dar, and the grand-prize-winning message was For example, Attorney General Harvey joined suspend or revoke the license or impose a fine displayed on the calendar’s front cover. Addi- with representatives of The Century Council and and/or any other appropriate condition. Retail licenses are generally issued by the city or tionally, the grand-prize-winning message was re- educators at the Hedgepeth/Williams Middle School town where the business is located, although produced for display on highway billboards in Trenton in Fall 2005 for a presentation entitled throughout the State. the Division may issue a retail license in certain “Ask, Listen, Learn: Kids and Alcohol Don’t Mix.” circumstances. Both the municipal issuing au- “Ask, Listen, Learn: Kids and Alcohol Don’t thority and the State ABC have concurrent On Eve of Proms, Graduations: Mix,” is a creative multimedia program, devel- jurisdiction to investigate and prosecute viola- A Compelling Message oped through a partnership between The Cen- tions by retail licensees. The issuance of new About Alcohol tury Council and Nickelodeon, that helps facili- licenses as well as transfers and renewals of ex- tate conversations between parents and their isting ones must be approved by the municipal In May 2005 — as the graduation and prom sea- children before they have are confronted with issuing authority and then sent to the Division son arrived and summer freedom beckoned for the opportunity to drink alcohol. Designed by a where the information is processed. The ABC students — Attorney General Harvey visited team of educators and psychologists specializing is the official repository for license ownership West Windsor-Plainsboro Regional High School in middle-school-aged students, the interactive information. The Division is the sole issuing for an event that featured guest speaker Bran- program helps parents have effective conversa- authority for manufacturing and wholesale li- don Silveria. Silveria was involved in a near-fatal tions about alcohol with their kids. censes and for a variety of special permits for auto crash after drinking beer at a high school various charitable and business-related events. Ask, Listen, Learn includes: party shortly before his prom. As a result of the There are currently approximately 9,500 sepa- crash Silveria, then a student at Los Gatos High ❖ Web sites produced by Nickelodeon — rate ABC licenses and more than 26,000 per- mits and insignia issued. Additionally, more School in California, spent nearly three months www.asklistenlearn.com and www.asklisten than 42,000 brands of alcohol are registered in a coma, and another three years in rehabilita- learnparents.com — where kids can go to get and tracked by the Division. tion. Featured on the television show “Rescue more information on avoiding peer pressure. ❖ The Division also acts as the appellate au- 911,” Silveria’s story is a compelling one. And his Television advertising, produced by Nick- thority for any appeal that may be taken by a first-hand account of the tragedy provided West elodeon, to encourage discussions between licensee or an interested party from any ac- Windsor-Plainsboro students with powerful parents and kids about the dangers of under- tions by the local issuing authority. food for thought. Through a program devel- age drinking. oped by The Century Council, a non-profit or- ❖ A parent’s booklet, detailing how to begin • Director, Jerry Fischer the conversation, sustain the conversation • David N. Bregenzer, Counsel to the Director • Diane Weiss, Executive Assistant-In-Charge - Licensing Bureau • J. Wesley Geiselmen, Deputy Attorney General-In-Charge - Enforcement Bureau www.nj.gov/oag/abc and make an impact on kids. It presents effec- Radio, TV Public Awareness was operating without obtaining a wholesale tive questions, data, conversation starters Announcements license permitting the legal sale of alcoholic and answers to typical objections kids raise. beverages to wholesale and retail outlets. ❖ A kid’s booklet, with interactive tests As part of its 2005 prevention and aware- The undercover aspect of the investigation about alcohol’s impact on the body, trading ness effort, the Attorney General’s Office em- ended on January 20, 2005 when law enforce- cards (over 7 million trading cards are ex- ployed a 30-second television Public Service ment raided the Cherry Hill warehouse and pected to circulate), how to avoid peer Announcement (PSA) focused on the dangers seized 20,300 cases of untaxed liquor, beer, pressure, creative ways to say no, and in- and consequences of underage drinking. The sake and wine, as well as other alcoholic bever- teractive games with parents. PSA aired on television stations in New Jersey ages and cigarettes. While conducting court- throughout the summer, and served as a re- authorized search and seizure warrants, State Attorney General Harvey continued through- minder of the serious consequences faced by Investigators charged Kye C. Maeng, 51, of out the 2005-2006 school year to make the “Ask, any individual who chooses to drink under the Cherry Hill (identified in official documents as a Listen, Learn” program booklets available to prin- legal age. In addition, a 60-second radio PSA tar- part owner of JWTA, Inc.), and a second de- cipals of every middle school in the state. geting underage drinkers was distributed to all fendant, Toyanhee Cho, with the unlawful New Jersey radio stations for use in July and Au- possession, sale and/or distribution of alcoholic AG’s Cliffside Park Visit: gust. In the radio spot, Attorney General Harvey beverages without a license. The ABC deter- A Discussion With Brandon, detailed the potential consequences confronting mined that JWTA, Inc. applied for the transfer Remembering Rebeka those under 21 who purchase alcohol. of a New Jersey Plenary Wholesale License in Rounding out the Attorney General’s broad- July 2001. ABC denied the application on In April 2004, Attorney General Harvey vis- cast-media-centered awareness efforts for 2005 grounds that a state-issued wholesale license is ited Cliffside Park High School to talk with stu- were three new, 30-second television PSAs not transferrable. As a result, JWTA was not dents about drinking and driving. On October taped by Attorney General Harvey in conjunc- legally licensed and could not lawfully sell, ser- 18, 2005, the Attorney General returned to tion with The Century Council, discussing the vice or distribute alcoholic beverages to New Cliffside Park High to continue the conversation. dangers of underage drinking. All broadcast me- Jersey wholesale or retail establishments. Joining him were Brandon Silveria and represen- dia outlets in the New Jersey metropolitan area ❖ Computer Enhancements/ tatives of The Century Council. were provided the new PSAs for broadcast. E-Commerce/ABC Web Site — Brandon is a powerful and committed ambassa- Other alcoholic-beverage-related actions and The ABC made information more accessible dor regarding the dangers of drinking and driving. initiatives involving the Attorney General’s Office to both licensees and the general public in Despite Brandon’s permanent and visible speech in 2005 included: and walking disabilities, he delivers a compelling mes- 2005 through its enhanced Web site ❖ Crackdown on Unlicensed Sales — sage to teens about the dangers of drinking and www.nj.gov/oag/abc. For the first time, the In January 2005, a joint investigation by the Web page includes ABC’s retail licensee hand- driving, a message he takes throughout the United ABC, the Division of Criminal Justice and the book (in both English and Spanish), a compre- States while accompanied by his father. The Attor- Division of Taxation in the Department of hensive list of frequently asked questions, in- ney General decided to bring Brandon and the Treasury resulted in the confiscation of more formation on new initiatives and grant pro- Century Council program to New Jersey after than 20,000 cases of untaxed alcoholic bev- grams, and forms and documents used by li- meeting the parents of Rebeka Verea, a graduating erages and cigarettes. Also, as a result of quor licensees. User-friendly, the interactive senior from Cliffside Park High School, who was court-authorized search warrants, two indi- Web site provides quick access to information killed on graduation night 2004 while riding home viduals associated with the illegal operation vital to liquor licensees. Individuals and business with a fellow classmate. Rebeka was in the audience were charged with the unlawful sale and dis- owners are also invited to e-mail specific ques- the day Attorney General Harvey made his initial tribution of alcoholic beverages. The investi- tions to the Division through a special Internet visit to Cliffside Park in April 2004. Since her tragic gation targeted the wholesale activities of a address available on the Web site. Additionally, death, Rebeka’s parents have waged a campaign to warehouse in South Jersey that was engaged the Division continued taking steps in 2005 to reduce youth drinking and driving. in the business of selling untaxed alcohol, beer maximize use of cutting-edge technology. and wine to various restaurants and retail out- From enhancing the internal computer system AG Harvey addresses students at Cliffside lets in the South Jersey/Pennsylvania area. It to e-commerce, the agency is continually Park High School on the dangers of drink- was charged that the warehouse operation, looking at ways to better serve licensees. The ing and driving. Behind him is a portrait of identified as JWTA, Inc., located in Cherry Hill, licensing process has been reviewed and a new Rebeka Verea, a Cliffside Park graduate computer system that could ultimately pro- killed in an alcohol related accident. vide a higher level of service to both local mu- nicipalities and all licensees is being instituted in early 2006. To further assist licensees, the Divi- sion continues to look at ways to monitor and change license information via the Internet, and to allow licensees to make payments on- line in a secure environment. ❖ Wine Tasting Regulation Follow-up — Legislation was enacted in early 2004 that per- mits an expansion of alcoholic beverage tastings already permitted on retail consumption lic- ensee premises. Additionally, the legislation per- mits, for the first time, sampling of wine on dis- tribution licensee premises. The ABC promul- gated regulations related to these tasting activi- ties in 2004, and continued in 2005 to evaluate tastings being conducted on retail premises. 56 protecting lives, rights, communities

Other Agencies within the Department

The following agencies are, for administrative purposes, allocated to the Attorney General’s Office. Each performs a vital function in relation to the core mission of the OAG and the De- partment of Law and Public Safety, which includes assisting crime victims, ensuring integrity in the Notes electoral process, and making certain that state officers and employees in the executive branch conduct themselves ethically and avoid conflicts of interest:

Election Law Victims of Crime Enforcement Compensation Board Commission The Board provides compensation to inno- cent victims of violent crime for some expenses ELEC administers and enforces laws requir- they suffer as a result of the crime. In the case of ing disclosure of campaign contributions and the death of a crime victim, compensation may expenditures made by candidates and organiza- be paid for funeral expenses and loss of support tions participating in state, county and local elec- to the victim’s dependents. For more informa- tions. The commission also regulates lobbyists, tion, visit the VCCB at www.nj.gov/victims. and may accept and institute complaints, issue subpoenas, conduct investigations, issue advisory opinions, levy civil penalties and forward to State Athletic prosecuting authorities evidence of willful and knowing violations. For more information, visit Control Board www.elec.state.nj.us. The State Athletic Control Board has offices in Trenton and Atlantic City. Formerly part of the Executive Commission Division of Gaming Enforcement, the SACB is now a self contained board that falls under the on Ethical Standards direction of the Attorney General’s Office for the Department of Law & Public Safety. The The commission administers and enforces State Athletic Control Board was established by the New Jersey Conflict of Interest Law. The the Legislature in 1985 (N.J.S.A. 5:2A et. seq.) Commission has jurisdiction over state offic- to ensure that all public boxing and other com- ers and employees in the executive branch. It bative sports exhibitions, events, performances is authorized to initiate, receive, hear and re- and contests are subject to an effective and effi- view complaints, as well as conduct investiga- cient system of strict control and regulation. The tions and hold hearings. For more information, Board’s main purpose is to protect the safety visit www.nj.gov/oag/ethics. and well being of all participants and promote the public confidence and trust in the conduct of public boxing and other combative sports. For more information, visit www.nj.gov/oag/sacb.

57 www.NJPublicSafety.com