News: POLITICO New Jersey Playbook: Bribery: Illegal after all

Tuesday, April 5, 2022

POLITICO New Jersey Playbook: Bribery: Illegal after all

Apr 05, 2022

Good Tuesday morning!

A bribe is still a bribe. So says a state appellate court, which smacked down a lower court decision yesterday that said former Bayonne mayoral candidate Jason O'Donnell couldn't be charged with taking a $10,000 bribe because he didn't hold office at the time he took it.

The strongly worded decision also took shots at the federal dismissal of the 2009 charges against former Jersey City mayoral candidate Lou Manzo that's based on the same logic.

"To accept defendant's argument — without some clear legislative expression to support it — would be to declare open season on the bribing of candidates for public office," Judge Clarkson S. Fisher Jr. wrote for the court.

In an era when the federal judiciary is making it harder to convict people for political corruption, this has got to be welcome news for good government advocates. It's really hard to imagine that the Legislature, in writing the bribery statute, intended it to be so narrow that it would not apply to a candidate who promised an action if he's elected in exchange for money before he's elected. And if you need proof, a bill to explicitly criminalize candidates taking bribes — written in response to these types of decisions — is now sitting on the governor's desk.

Read more about it here.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 49

WHERE'S MURPHY? No public schedule

QUOTE OF THE DAY: "I might foil their campaigns by going around hugging them." — Sen. Cory Booker on his ambitious Republican colleagues, referring to Christie's "hug" with Obama (it wasn't a hug)

HAPPY BIRTHDAY — Assemblymember Hal Wirths

TIPS? FEEDBACK? HATE MAIL? Email me at mfriedman@politico.com

WHAT TRENTON MADE

OLS: OH, HELL YES — OLS projecting $3.2B more in revenue over 2 years than what Murphy administration estimates, by POLITICO's Katherine Landergan: The nonpartisan Office of Legislative Services is forecasting a "substantial" difference of nearly $3.2 billion more in revenues over the next two years than what the Murphy administration is projecting. OLS is projecting that combined revenues for fiscal years 2022 and 2023 will be $3.16 billion more than what Gov. Phil Murphy projected in his proposed budget for fiscal year 2023. Specifically for fiscal 2022, the OLS revenue estimates are $1.407 billion above the administration's estimates. For fiscal 2023, OLS estimates $1.756 billion more in revenue. The higher estimates, if accurate, could mean the state's fiscal picture is even brighter than expected, giving lawmakers more money to spend in the budget they will send back to the governor.

—"Should NJ start spending all those extra billions?"

—" N.J. tax revenue soaring but Murphy's big spending could pose future problems, lawmakers warned"

LICKY BOOM BOOM DOWN IS A TRICKY PROPOSITION FOR PROSECUTORS — " Informers are a tricky proposition for prosecutors. Just look at New Jersey's history," by The Record's Charles Stile: "In the 1970s, the Campisi crime family in Newark was considered 'too whacked out' and unreliable to be enlisted as formal members of the Mafia. But to top state law enforcement officials, Campisi hit man Ira Pecznik proved remarkably reliable — and persuasive. As a cooperating witness, the Russian-born Pecznik provided prosecutors an intimate, guided tour of the Campisi operation, which relied on extortion and murder to protect a vast gambling empire bustling inside bars and storefronts along South Orange Avenue. Pecznik's testimony led to the swift collapse of the entire Campisi gang in early 1974 … The long-forgotten Pecznik case, and those of other high-profile cooperators who brought down mobsters, politicians and other criminal enterprises, are being summoned from memory and New Jersey history books as the mysterious case of political operative Sean Caddle slowly unfolds in Newark. The 44-year-old Sussex County man pleaded guilty on Jan. 25 to hiring an out-of-state hit man to kill a former associate, Michael Galdieri, in May 2014."

MURPHY SAID 'STRONGER AND FAIRER,' NOT 'STRONGER, FAIRER, FASTER,' WHICH SOUNDS MORE LIKE A DAFT PUNK SONG — " Thousands still waiting for money from immigrant workers fund," by New Jersey Monitor's Sophie Nieto-Munoz: "On December 10, Josè Martinez sat with an organizer at the American Friends Service Committee to apply to the state's Excluded New Jerseyans Fund. It's been nearly four months, and Martinez still hasn't received his money, he said. He was notified in mid-March the state had accepted his and his wife's applications, but they haven't received the $4,000 they are expecting. 'This is supposed to be the first time we're getting any help, but we haven't gotten any yet. It's really confusing,' said Martinez, an undocumented immigrant living in Bergenfield. New Jersey launched the fund in October 2021 to aid workers excluded from federal and state pandemic aid, largely undocumented immigrants. Since then, the state has disbursed $12.7 million to about 5,500 applicants, representing about 20% of the total amount the state had set aside, according to the Department of Human Services."

BLOCKCHANGE — New Jersey lawmakers push to overtake New York with new crypto regulations , by POLITICO's Sam Sutton: New Jersey lawmakers are aiming to leapfrog New York as a hub for cryptocurrency exchanges and blockchain startups. Democrats in the state legislature are pushing a bill that would create a basic legal framework for digital asset businesses, which lawmakers say will compete with a licensing system in New York that the industry has characterized as expensive and cumbersome. And while the bill was crafted with consumer protection in mind, its primary sponsor says she hopes to signal to crypto firms that the Garden State is open for business. "We know that Bitcoin is not going away," Assemblymember Yvonne Lopez (D-Middlesex) said in an interview. "Unlike approaches taken by other states," she said, her bill's licensing system for crypto businesses "does not impede the ability of businesses to grow and thrive in the state."

WOMEN IN POLITICS — "N.J. in 'bottom half of all the states' in electing women to local government office," by NJ Advance Media's Matt Arco: "Women remain vastly under-represented in leadership positions in New Jersey local government. Women make up more than half of the state's population but occupy less than a third of local government, according to a recent analysis from Rutgers Eagleton Institute of Politics Center for American Women in Politics that looked at the political landscape following the November elections. Making matters worse, New Jersey ranks 30th in the country when it comes to women holding local office."

—" N.J. legislators sign letter of support for Starbucks union effort"

—"NJ sues companies for compensation over toxic groundwater pollution in Bergen County "

—"Public health policy gets renewed push"

—" Once a leader, NJ's solar industry slips"

DON'T MISS ANYTHING FROM THE 2022 MILKEN INSTITUTE GLOBAL CONFERENCE: POLITICO is excited to partner with the Milken Institute to produce a special edition "Global Insider" newsletter featuring exclusive coverage and insights from the 25th annual Global Conference. This year's event, May 1-4, brings together more than 3,000 of the world's most influential leaders, including 700+ speakers representing more than 80 countries. "Celebrating the Power of Connection" is this year's theme, setting the stage to connect influencers with the resources to change the world with leading experts and thinkers whose insight and creativity can implement that change. Whether you're attending in person or following along from somewhere else in the world, keep up with this year's conference with POLITICO's special edition "Global Insider" so you don't miss a beat. Subscribe today.

BIDEN TIME

SAY NO TO BIG PHARMA AND YES TO BIG PARM? — "N.J. pharma leads rebellion against feds' controversial discount drug program," by NJ Advance Media's George E. Jordan: "New Jersey's pharmaceutical industry is at the forefront of a rebellion against a federal discount drug program intended for hospitals and clinics that serve low-income patients. Johnson and Johnson, the world's largest drug maker, this month joined 15 other companies to propose or set limits in a direct challenge to mandatory discounts under the federal law, called 340B. Despite the threat of sanctions, several drug makers have cut off the access of some contract pharmacies to drug discounts, arguing the program has grown beyond its intended use, lacks transparency and needs better protections against abuses … Advocacy groups say hampering 340B discounts has strained the finances of rural and urban safety net medical centers already operating under razor-thin margins. Without the discounts, they argue, hospitals for low-income patients might be forced to reduce services, layoff staff, and some may even close their doors … The 340B program has grown from $5 billion in 2014 to $30 billion in 2019, according to federal estimates. It has drawn the ire of drug makers as participating hospitals and clinics are not required to account for how they use the savings from 340B discount medicines."

THIS JOKE IS MORE PLAYED OUT THAN MY MASTRO CURRENCY — "N.J. GOP House candidate seeks to use ballot slogan 'Let's Go Brandon'," by New Jersey Globe's Joey Fox: "A Republican candidate for the 4th congressional district filed his bid for Congress today on a line entitled 'Let's Go Brand*n – FJB,' two variations on a not-especially-subtle code for 'Fuck Joe Biden,' which may prompt a smackdown from Secretary of State Tahesha Way. Robert Shapiro, a perennial candidate who has run for a variety of state and local offices over the years and who has set his sights this year on a primary challenge to Rep. Chris Smith (R-Manchester), submitted 203 signatures today – just barely over the 200-signature threshold and leaving him vulnerable to petition challenge. Given Shapiro's ballot slogan's hinted profanity and reference to a real person, Way may choose to reject his line, a rejection which could then be appealed. State law prohibits individuals or entities who have not given express written permission from being directly named on ballot lines."

—"Here's Who did – and didn't – end up filing for Congress in N.J."

—"Booker threatens to hug ambitious U.S. Senate rivals"

—" Sherrill formally kicks off her reelection campaign"

—"N.J. Republicans wouldn't buck Trump but they defy GOP more than most"

—"Could Rahway on the upswing be Malinowski's lifeline?"

—" Menendez rallies Hillside for historic Supreme Court nominee"

LOCAL

FORMER MAYOR CONVICTED OF CORRUPTION ENDORSES MAYORAL CANDIDATE CHARGED WITH BALLOT FRAUD — "Music thumps against the backdrop of crime, as Torres embraces Mendez," by InsiderNJ's Max Pizarro: "Sunday, at 4:30 a.m., a 23-year-old man in Paterson was admitted to St. Joe's with a non-fatal gunshot wound, according to the Passaic County Prosecutor's Office … Unfortunately, notifications such as these are all too common in the City of Paterson, where violent crime has been rising since 2017 according to the FBI Crime Data Explorer. Public safety is the most basic requirement for a community to thrive. Nothing can move forward socially, economically, or developmentally, if the streets aren't safe and people cannot operate their businesses, or go about their routines, relatively secure that their persons and their property will not be violated. Enter here the Alex Mendez-Jose 'Joey' Torres Alliance. The same day that this unnamed 23-year-old man was admitted to the hospital, the Brownstone was host to Councilman Alex Mendez's campaign party where former Mayor Joey Torres delivered a rousing and impassioned endorsement of Mendez as he seeks to oust Mayor Andre Sayegh and take the reins of City government."

TRENTON'S GONNA TRENTON — " Trenton council sues Mayor Gusciora over $7M executive order," by The Trentonian's Isaac Avilucea: "Legislators have sued Mayor Reed Gusciora for issuing an executive order last month that awarded more than $7 million in essential contracts to keep the city from shutting down, court records show. The complaint, filed late last week by attorney Anthony Valenti, also names the 17 contractors covered in the March 14 executive order issued by Gusciora amid council's ongoing flap with missing-in-action city clerk Matthew Conlon. Conlon walked out of a meeting in February and remains out on medical leave. That forced legislators to cancel meetings, leading Gusciora to issue the executive edict, he said at the time, in the interest of Trentonians' 'health' and 'well-being.' … In its filing, council claims Gusciora violated the Faulkner Act, the state law dictating Trenton's mayor-council form of government, by usurping legislators' 'exclusive power' over the city's purse strings."

MORTICIAN TO LIVEN UP CAMPAIGN — "Caldwell mayor won't seek re-election; North Caldwell GOP councilman switches parties ," by New Jersey Globe's David Wildstein : "Caldwell Mayor John Kelley will not seek re-election to a second term, setting up a competitive race for an open seat in the fall. Democrats have picked former councilman Francis X. Rodgers III as their candidate for mayor. He'll face Garrett Jones, a funeral director who was once a business partner of New Jersey's mortician-in-chief, former Gov. Richard J. Codey. 'When I chose to run, it was only for one term,' Kelley told the New Jersey Globe. 'I'm not going to get back into politics. This is one and done.' … There is also a local control election in North Caldwell, where two party switchers will run on the local Democratic ticket. Joshua Raymond, a partner at the politically influential McManimon Scotland law firm who served two terms on the borough council as a Republican, will take on Mayor Joseph Alessi. He'll run on a slate with Councilman Arthur Rees, who won as a Republican and switched parties, and Steve Weinstein, a cousin of Rep. Josh Gottheimer (D-Wyckoff), who grew up in North Caldwell."

YOU KNOW HOW REPUBLICANS FEEL ABOUT BIG GOVERNMENT — " Ocean County to explore major expansion of county government campus in Toms River," by The Asbury Park Press' Erik Larsen: "A state-of-the-art sheriff's complex, an Ocean County Hall of Records, expanded office space for the Prosecutor's Office and a police firing range are all capital projects the county government intends to study in the near future. 'We've been talking back and forth for some time now about a long-term capital plan,' said county commission Director Jack Kelly at a board agenda session Wednesday … Later, the five-member, all-Republican board authorized County Administrator Carl W. Block to start the process for a request for quote (RFQ) to study the feasibility and cost of a proposed new sheriff's complex at Mott Place in the downtown — with a projected area of about 60,000 square feet — which the commission has prioritized as the first piece in its capital plan."

—"Wall High School football hazing scandal plea deal means no jail for 'sophomoric behavior'"

—"Democrats want early voting site in Pleasantville, but GOP expected to oppose"

—" Trenton teen killed a week after 9-year-old gunned down"

—"Criticism mounts of Clark mayor, police officials allegedly recorded using racial slurs "

—"Department of Health recommends CarePoint plan to sell 40% more of BMC to Surgicore group"

—"Old Bridge names another acting police chief. How long will he serve?"

—" N.J. district fired me over school mask objections, substitute teacher says in suit"

—"Woman says cop 'did nothing' when she was shot 5 times. Advocates urge Passaic to settle"

—"Team Davis says $2,600 super PAC donation helped Demarco's law firm secure BOE contract"

INTRODUCING DIGITAL FUTURE DAILY - OUR MORNING TECHNOLOGY NEWSLETTER, RE-IMAGINED: Technology is always evolving, and our new tech-obsessed newsletter is too! Digital Future Daily unlocks the most important stories determining the future of technology, from Washington to Silicon Valley and innovation power centers around the world. Readers get an in-depth look at how the next wave of tech will reshape civic and political life, including activism, fundraising, lobbying and legislating. Go inside the minds of the biggest tech players, policymakers and regulators to learn how their decisions affect our lives. Don't miss out, subscribe today.

EVERYTHING ELSE

BUTLER BECOMES DOCTOR — "Now, the hard part: After graduating from med school at 62, he'll start 3-year residency," by The Record's Lindy Washburn: "When Michael Butler fulfilled his longtime dream last June and graduated from medical school, he was 62 — an age when many of his contemporaries begin to think about retirement. Instead, Butler started thinking about his medical residency … the Butlers learned that Michael was accepted in the family medicine residency at St. Joseph's Health, which has hospitals in Paterson and Wayne and a family medicine clinic in Clifton. When his contract begins on July 1, he will be one of four first-year residents and one of 12 in the overall program."

WIND — "N.J.'s offshore wind to bring $150 billion in private investment and power thousands of jobs," by The Philadelphia Inquirer's Frank Kummer : "Not one turbine has been installed off the coast of New Jersey. In fact, not one turbine has been built. And it's not expected the state's fledgling offshore wind industry will really take flight until at least the end of 2024 when the first blades start churning out utility-scale megawatts of renewable energy. Yet, a group of industry insiders say they are already hiring, or gearing up to train or hire tens of thousands of specialized workers in coming decades, from painters to scientists to surveyors needed as New Jersey emerges as what they believe will be a national leader in wind."

HAVEN'T WE SEEN ENOUGH HORROR AT SENIOR FACILITIES? — "Denville senior home will appear in horror film 'The Home,' starring Pete Davidson," by The Record's Rebecca King: "Denville will make an appearance on the big screen soon as a filming location in the upcoming horror film 'The Home.' Filming has just wrapped at Saint Francis Residential Community, a shuttered senior living building with austere brick walls and towers, that served as the titular 'home.' 'The Home' is directed by James DeMonaco, who also directed 'The Purge,' and stars Pete Davidson as Max, a man working in a retirement facility. The story centers around Max discovering the disturbing secrets of the residents and caretakers."

—" Retirement community holding $400K hostage, former resident says"

—"NJ woman, who forgot her dog was safe at home, charged with DWI "

Follow us on Twitter