Could Ferriero Go Free?

by: Jason Springer

Sun Dec 13, 2009 at 11:22:05 AM EST

Enacted in 1988, the 28-word honest services statute has long been heralded by prosecutors as a flexible tool to charge those who abuse their positions to steer favors to friends, relatives or themselves. It essentially requires public and corporate officials to disclose conflicts of interest and act in the best interests of their constituents or employers. Prosecutors used it to convict former lobbyist Jack Abramoff and to charge the ex-governor of Illinois, Rod Blagojevich.

But critics argue the law is so vaguely worded that it fails to delineate between a harmless favor and a crime. As a result, they say prosecutors have the power to criminalize behavior that may not be illegal.

The Supreme Court heard two honest services cases last week. One case was brought by Black, the newspaper executive who prosecutors say conspired with other top officers at his firm, Hollinger International, to pay themselves millions in bogus management fees that should have gone to shareholders. The second case was Bruce Weyhrauch, a former Alaska state lawmaker who failed to disclose he was lobbying for a job with an oil company while pushing for legislation on its behalf. Early next year, the court will hear a third honest service case involving former Enron Chief Executive Jeffrey K. Skilling.

The court is expected to rule on the statute by July. The justices could leave the law alone, narrow it to only apply to cases involving explicit bribes or kickbacks or declare the entire law unconstitutional. Most legal experts say it is exceedingly difficult to predict how the court will rule on any issue.

If the court strikes down the statute, it will bolster the appeals of three former New Jersey politicians: James, former state Senate president Wayne Bryant and ex-state Sen. Joseph Coniglio. But all three were also convicted of other charges, so simply overturning the honest services law won't spring them from prison.

Ferriero, on the other hand, was convicted entirely under the honest services statute and could see his whole case eviscerated if the law is struck down. The one-time North Jersey power broker is scheduled to be sentenced Feb. 10 and faces up to 20 years in prison after being convicted in October of conspiring to profit from government grants through a consulting firm he secretly controlled.

"SOMEONE" Should Enforce Accountability

by: Thurman Hart

Thu Aug 24, 2006 at 01:35:31 PM EDT

Lumping Jersey City's state-appointed schools chief, Charles T. Epps Jr., with Newark's free-spending ex-mayor, Sharpe James, Assemblyman Richard Merkt, R-Randolph, called this week for "someone" to hold them accountable.

Citing Monday's Jersey Journal story that revealed Epps, also an assemblyman, has placed four school district employees on his Assembly payroll, Merkt stated in a press release:

"Clearly this raises questions about what jobs these individuals are doing and on whose time they are doing these jobs.

"There is legitimate concern that these employees are getting paid to do legislative work on school district time or vice versa," Merkt added.

Two separate investigations - one state, one federal - has been launched into James' use of two city-issued credit cards, which he used to rack up nearly $160,000 worth of expenses over the past four years, including trips to the Bahamas, Puerto Rico, the Dominican Republic and Brazil.

"New Jersey citizens are fed up with government officials using tax dollars as their own personal expense accounts and double dipping on the taxpayer dime," Merkt said.

I never heard of Mr. Merkt before I read this article, but I agree that "someone" should hold Epps accountable.  Both Epps and James are prime examples of everything that's wrong with New Jersey politics.  Both men have operated in their own fifedoms for far too long without any realistic accountability.  Both have enriched themselves at the expense of the public.

If nothing they have done is illegal or unethical, then they should have nothing to fear from an independent investigation into their financial backgrounds.  Despite its abuses at the federal level, an office of Independent Counsel operating under the supervision of the State Supreme Court and having full investigative authority for all levels of government in New Jersey would be a welcomed action.  I won't say that the level of public corruption today is worse than in prior years, but I will say that the level of confidence the public has in its government is as low as it has ever been.  This would be a step towards reversing that.