2 years
later, legacy of Operation Bid Rig corruption sting lives on
Published: Friday, July 22, 2011, 6:25 AM
By Ted
Sherman/The Star-Ledger The Star-Ledger
JERSEY CITY — It was
a story that sparked international headlines, countless jokes on late-night
television, political resignations and prosecutorial recriminations.
But two years
since the biggest federal corruption sting in New Jersey history broke open, the strange
and sometimes bizarre criminal case involving dozens of politicians, five
Orthodox rabbis and a guy selling black market kidneys,
continues to play out:
• Eight of the 46 charged are
still awaiting trial, including former Democratic Assemblyman Louis Manzo, who was arraigned Tuesday on new federal charges
after he successfully challenged his initial indictment in the case.
• Thursday, James P. King, one
of those who had already pleaded guilty to corruption charges, was back before a
federal judge to plead to reduced charges after the most serious parts of the
case against him were tossed out as part of the Manzo
appeal.
• On Monday, Abraham Polack and Naftoly Weber of Brooklyn — both charged as cash couriers
in the money laundering side of the investigation— were each sentenced three
years’ probation and $5,000 fines by U.S. District Judge Joel A. Pisano in Trenton. They also agreed to forfeit $179,770.
And Solomon Dwek — the informant at the center of the investigation
known as Bid Rig III who agreed to cooperate with the government after being
charged in an unrelated $50 million bank fraud — is in the Essex County Jail.
His bail was revoked last month after he lied to the FBI about his arrest
involving a rental car that had not been returned.
With the case
slowly winding down, U.S.
Attorney Paul Fishman would not put a figure on the cost and manhours that went into the three-year investigation and
subsequent prosecutions.
"Any large
prosecution, particularly one that involves this many defendants, obviously
involves a substantial commitment of time and energy by a number of people in
the office," he said Thursday.
However, he said,
it "clearly sent a message" the office is serious about political
corruption — a focus Fishman said has not changed.
"There is no
question that a number of attorneys were tied up for the last two years on
cases that have emanated out of Bid Rig. That meant they could not put their
time into new investigations," he said. "But we have the same
commitment of resources to corruption that we always have."
Meanwhile, with
the ongoing court proceedings have come new details about both Dwek and the massive money laundering and political
corruption investigation that broke open the morning of July 23, 2009.
Recent documents
filed in U.S. Bankruptcy Court show Dwek, who was
running a $400 million real estate Ponzi scheme that
collapsed with his arrest, gave more than $1 million in charitable donations to
a synagogue closely tied to one of his partners. Those contributions were made
while Dwek was literally insolvent, with his personal
tax returns showing he was losing millions more.
According to the
federal bankruptcy trustee, the contributions were a sham, often made through Dwek’s American Express card, to pay off the partner he
alleged was part of the Ponzi scheme. After it all
collapsed, Dwek tried to pump more money into it by
writing two bogus $25 million checks on a closed account to cover several
loans. When he was caught, he agreed to become an informant for the government.
PREVIOUS
COVERAGE:
• Ex-Hudson County undersheriff admits to reduced
charge of mail fraud in federal corruption sting
• FBI informant Solomon Dwek headed back to
prison after his bail is revoked
• Key witness in N.J. corruption trial arrested in Baltimore, may not
testify against former Secaucus mayor
• FBI witness Solomon Dwek details his role in
corruption case of Jersey City deputy mayor
Just released
surveillance transcripts also provided some insight into how some were pulled
into the elaborate, three-year sting operation. Those transcripts, included in
motions filed in U.S. District Court on behalf of Polack and Weber, showed Dwek tried to recruit just about anybody he met into the
scheme.
Dwek met the two
through Rabbi Mordchai Fish, the principal rabbi of
Congregation Sheves Achim
in Brooklyn, who has already pleaded guilty to laundering nearly $1 million for
Dwek.
On the transcripts,
Fish is recorded instructing Dwek not to tell anyone
the money being exchanged is dirty. "You cannot talk at all," he
says.
Despite his
warnings, Dwek immediately tries to talk up Polack,
who operated a vending machine business. "You’ll do vending in New Jersey?" he
asks.
"Sure,"
Polack replies.
Dwek, apparently
seeing him as another mechanism to help him move cash, turns back to Fish.
"Uh, Rabbi," Dwek says. "Maybe we
should make his business — "
Fish interrupts
him before he can finish, telling him in Yiddish: "Not now. Not on one
foot (do one thing at a time)."
The next time they
met, Fish cautioned Dwek not to open his mouth.
"Don’t talk. Last time talking," he says in the transcript.
"Don’t even say anything. The less they know, it’s
gezuntah (healthy). That’s the one favor, not to
talk. In and out. No business, no nothing."
Of those charged
in the case, 30 have pleaded guilty. Four others were convicted at trial, two
were acquitted, one died, and charges against another
dismissed.
Four of the eight
still awaiting trial are charged with corruption, including former Jersey City
building and taxi inspector John Guarini; former
Jersey City council candidate Lori Serrano; former Jersey City health officer
Joseph Castagna; and Manzo.
Two others are charged in connection with the money laundering end of the case
— Rabbi Lavel Schwartz and David S. Goldhirsh, both of Brooklyn.
Also awaiting
trial is Levy Izhak Rosenbaum, in the first criminal
case ever to be brought in this country involving charges of trafficking in
human organs.
Yolie Gertner, another of the alleged cash couriers in the case,
remains the lone fugitive. Court filings last week revealed that Gertner had relocated to London.
Defense attorneys,
meanwhile, remain highly critical of how the case evolved, some calling Dwek a one-man crime wave who enticed others into
committing felonies in an effort to get out of a jam he created from himself.
The FBI had Dwek pose as a corrupt developer willing to pay off
politicians and public officials willing to expedite approvals on development
projects he wanted fast-tracked. At the same time, he set up former partners
and others, looking to launder millions of dollars out of his bankrupt real
estate empire.
Defense attorney
Michael Critchley, who represented Ridgefield Mayor
Anthony Suarez — one of only two people acquitted in the case — hit Dwek hard during cross-examination, called him a
"dangerous witness" whose flaws are now coming back to haunt the U.S.
Attorney’s office.
"It’s one
thing to send out a witness like Dwek when crime is
actually occurring. It’s fair game if someone’s involved in ongoing criminal
matters," he complained. "I get a little concerned and frightened
when you send someone like Dwek out to entice people
into committing a crime."
He said he still
wonders why the government didn’t use an FBI undercover agent, rather than Dwek. "Maybe they didn’t realize what they were
dealing with and got blinded by the thought of the mother lode," Critchley suggested.
Fishman would not
second-guess the decision to use Dwek.
"We use
undercover informants all the time. Some come with more baggage than
others," he said. "When we construct an investigative plan, we make
sure we do it ethically, legally and correctly."
http://www.nj.com/news/index.ssf/2011/07/as_nj_corruption_cases_wind_do.html