All posts by Lawrence Christopher Skufca, J.D.

My name is Lawrence Christopher Skufca. I am a civil rights activist and community organizer in the Camden, New Jersey area. I hold a Juris Doctor from Rutgers School of Law; a B.A. in Political Science from Furman University; and an A.A. in the Social Sciences from Tri-County Technical College.

Philly Inquirer owners clashed over editor’s fate

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NOVEMBER 14, 2013, 3:48 PM

PHILADELPHIA — A court fight over control of Philadelphia’s two largest newspapers shows the owners’ feud has been escalating for nearly a year, while their publisher went part-time, working from Florida.

Co-owners Lewis Katz and George Norcross, both wealthy powerbrokers in the region, have sued each other over control of The Philadelphia Inquirer and Philadelphia Daily News.

On the witness stand Thursday, Katz said Norcross has sought to fire editor Bill Marimow since January. Katz backs Marimow and refused to sign off on the move. However, Marimow was fired last month by publisher Bob Hall, who has sat beside Norcross during two days of ugly court testimony this week.

“Mr. Norcross felt that Mr. Marimow should be fired because he wasn’t a leader, … (and) he was resistant to change,” Katz testified.

Katz has asked a judge to return Marimow to the newsroom, and oust Hall. Norcross has countersued.

Their rival lawsuits are being fought by at least 18 lawyers, including Philadelphia legal warrior Richard Sprague for Katz and former Homeland Security secretary Michael Chertoff for Norcross.

Marimow testified Wednesday that he was fired after refusing to fire five veteran editors. Katz elaborated, saying the newsroom targets had tangled with members of Norcross’s family.

Norcross’ daughter, Lexie, runs the Philly.com website. Katz has his own personal link to the newsroom, longtime companion Nancy Phillips, a veteran reporter who testified that she facilitated Marimow’s hiring as Katz and Norcross negotiated to buy the company last year. Phillips has since become city editor under Marimow, who won two Pulitzer Prizes — the nation’s top honor in newspaper journalism — during several stints at the Inquirer.

The newspapers have had five owners in seven years, a period when their value dropped from $515 million to $55 million, and workers endured layoffs and pay cuts.

Katz and Norcross invested $16 million apiece toward the $55 million purchase in April 2012, and hold 26 percent stakes. Four other business leaders made smaller investments. But Katz and Norcross set up a two-man management committee to control key business decisions. Katz thought that would force them to get along.

“(Otherwise), Norcross would have full power over the whole operation, including the newsroom,” Katz said. “We would be where we are today, in a terrible situation.”

Katz, a former Democratic party leader in Cherry Hill, N.J., made his money in parking lots and real estate, and also owned the New Jersey Nets. Norcross is an insurance executive and powerful New Jersey Democrat. They had never done a deal together before, Katz said.

His testimony resumes Thursday afternoon before Common Pleas Judge Patricia McInerney.

Cooper Hospital Releases Report Citing $18.8 Million In Fraud

The Camden Center’s Action Came Under Legal Pressure. Overcharges Also Were Found.

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POSTED: November 04, 1998

Under pressure from a federal court suit, the management of Cooper Hospital-University Medical Center yesterday released an internal report that shows that the hospital has lost at least $18.8 million to fraud since 1987.

The 256-page report, which Cooper’s management had fought in court to keep secret, says publicly for the first time that the Camden hospital lost an approximate total of $21.6 million, including the $18.8 million, through a combination of fraud, overcharging and questionable contract charges. In earlier statements filed in court, the hospital had estimated it had lost $13 million to fraud, largely through the actions of two former Cooper financial executives who pleaded guilty to federal charges in 1994. Most of the lost money was taken through bills submitted to the hospital by a collection agency and a computer-assistance firm employed by the hospital, according to the report.

The two former Cooper officials convicted of fraud, P. John Lashkevich and John M. Sullivan, received a portion of the stolen money between 1987 and 1994 from one of the companies, the report says.

The report says high-ranking officials of the hospital, including chairman of the board Peter Driscoll and president Kevin Halpern, often locked horns with committee members charged with investigating the missing money. The report says some board members wanted a completely independent investigation of fraud at the hospital, while Driscoll objected.

The report says Driscoll and other hospital managers knew about a federal corruption investigation of Cooper for a year before they informed the hospital board of the investigation.

“Cooper has been the victim of a massive crime wave,” the report says. “The criminal activity which has been conclusively admitted in federal court has been both massive and pervasive. It is equally disturbing that Cooper’s own systems did not detect or were readily manipulated to permit the fraud and prevent its detection,” the report says.

The report, written by a seven-member Ad Hoc Internal Control Committee, including Driscoll and Halpern, was released to the public after a federal judge ruled that Cooper had to hand over the report to the hospital’s former outside auditors, whom Cooper has sued to recoup damages.

Driscoll and Halpern could not be reached for comment yesterday.

In a sweeping indictment of financial procedures at the hospital, the committee recommended numerous changes to avoid future fraud.

“The committee remains unconvinced that contractual debacles . . . are prevented or reliably detected by . . . Cooper’s new contract policies,” the report says.

The report, written in 1997, says there are “reasonable grounds” to investigate 10 more areas of hospital business, including about $800,000 in wire transfers. It also suggests that all outside collection agencies used during the period of the fraud should be reviewed.

The corruption at Cooper could have exceeded $18.8 million, the report says. “The fact that a potential area of subject is not discussed in this report does not mean that it has been given a `clean bill of health,’ ” the report says.

Hospital spokeswoman Peggy Leone said that “each area listed has been examined on an individual basis and evaluated on its own merit by various bodies both within and outside the institution, including our financial committee, our audit committee and our external auditors.” She said the hospital was confident that the problems had been resolved to the satisfaction of the board of trustees.

The document outlined what it called “massive fraud” by Lashkevich, Cooper’s former controller, and Sullivan, the hospital’s former executive vice president for finance. The two men pleaded guilty to money-laundering and other corruption charges in July 1994 and are in prison. They subsequently cooperated with the hospital’s internal investigation.

According to the report, the two men and some business associates were able to obtain millions in kickbacks and fraudulent payments through collection firms, finance companies and accounting firms. The report says Sullivan began taking kickbacks from a collection firm, Financial Management Corp., in 1987. Direct embezzlement began in 1989 with Lashkevich, the report says.

The men helped divert about $7.5 million through J-Jet, a collections agency employed by Cooper to collect unpaid hospital bills, according to the report.

About $2.1 million was stolen from bank accounts set up for a proposed Cooper takeover of the former Metropolitan Hospital in Philadelphia, the report says. The takeover never occurred.

The report also lists about $7.5 million lost through Flexco, a joint computer consulting venture of Cooper Hospital, and Flex/Sys, a New York data corporation. The report says $5.6 million was lost to fraud, $739,000 to contract overcharges, and $1.1 million in questionable contract charges. In July 1996, Cooper filed a civil lawsuit against the Flex entities, seeking to recoup the money. No criminal charges have been filed in the Flexco matter.

In each instance, the frauds were made possible because of a lack of financial controls, the report says.

“Virtually all of the internally generated fraudulent transactions were questionable from an accounting control perspective,” the reports says. It says Lashkevich either transferred or fired accounting staff members who attempted to warn management of problems.

In details not previously publicized, the report shows how Lashkevich and Sullivan had unsupervised control over tens of millions of dollars of Cooper funds, and manipulated the system for nearly seven years without drawing any attention from hospital administrators.

“The ability to bypass or defeat controls grew from an institutional culture that delegated and outsourced too much responsibility, without developing effective controls to regulate the delegated responsibility,” the report says.

The report says that some board members believed that Cooper’s investigating committee was not independent. The report says: “The minutes reveal a continuing concern by the Board (and an appreciation by the Board of the public’s concern) that the investigation be conducted objectively and free from conflicts of interest.”

The report says Driscoll, the board chairman, did not want a fully independent committee. The report quotes Driscoll as saying, “It would be a mistake to have a committee that did not have a commitment to Cooper and its mission.”

Cooper said it had recovered about $5 million, including restitution by Lashkevich and Sullivan. It is pursuing other civil litigation to recoup other lost money.

The internal report became public yesterday as the result of a civil lawsuit.

In 1997, Cooper Hospital sued its former accounting firm, KPMG Peat Marwick, alleging that the firm was responsible for allowing some of the fraud to go undetected at Cooper. Peat Marwick has consistently denied that accusation in court.

Lawyers for Peat Marwick sought the hospital’s internal investigation through a discovery motion in court. The motion was granted, thus making the report part of the public court record.

Christie’s Camden tax breaks reward political insiders

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Jeff Horwitz and Geoff Mulvihill, Associated Press

11:20 a.m. EDT March 17, 2015

CAMDEN — During Chris Christie’s first term as governor, he made tax incentives a cornerstone of a promised “New Jersey Comeback” that would lure new businesses to the state.

With New Jersey’s job growth still poor at the beginning of his second term last year, the governor doubled down.

New Jersey’s Economic Development Authority has handed out more than $2 billion in tax breaks since 2014, more than the total amount issued during the decade before Christie took office.

The aid has gone disproportionately to businesses in Camden, a city of 77,000 that ranks among the nation’s most impoverished. Development projects in the city received $630 million in future tax breaks last year. Because of those grants, Christie said in his State of the State address, Camden is “seeing a new tomorrow.”

Most of the jobs coming to Camden are filled by existing employees who currently work just a few miles away. One tax break exceeded the value of the company that received it. Another went to a developer who owes New Jersey millions of dollars in long-unpaid loans. And nearly all the recipients boast notable political connections — either through an affiliation with a prominent southern New Jersey power broker, Democrat George Norcross, or through donations to Christie and the Republican Governors Association during his tenure overseeing it.

New Jersey’s Camden incentives raise questions about his administration’s stewardship of New Jersey’s finances — and whether Christie’s claims of revitalizing Camden will resonate with Republican voters opposed to corporate welfare. For conservatives, incentives buck the free market and could undermine New Jersey’s prospects for legitimate tax reform.

“Giving huge subsidies to companies moving from the suburbs of Camden to the city is just off-the-charts crazy territory,” said Michael Doherty, a Republican state senator. “If you’re a high-profile individual, you can get the EDA to make decisions to your benefit.”

Christie spokesman Kevin Roberts said in an email that critics of the tax breaks “offer no alternative plans for creating jobs, growing the economy or renewing our urban centers.”

Driving the 4 miles from Subaru’s current U.S. headquarters in Cherry Hill to its new home in nearby Camden takes eight minutes. Tax credits granted by the state of New Jersey will make that trip worth nearly $118 million for the company.

Subaru’s short trip is not an exception: Most of New Jersey’s incentives for Camden have gone to projects shifting existing employees from nearby locations. Holtec International Inc., a manufacturer of nuclear reactor components, is receiving $260 million for relocating 160 nearby jobs and adding 235 more. Cooper University Hospital will receive $40 million, mostly for returning 353 employees that it previously moved to the suburbs. The Philadelphia 76ers will receive $82 million for bringing 250 jobs across the Delaware River, just a few thousand feet from the Pennsylvania state line.

The low bar for incentive payouts is justified due to Camden’s dire circumstances, said Timothy Lizura, president of the Economic Development Authority.

A top economist at Rutgers University’s Center for Urban Policy Research, Nancy Mantell, said: “It always concerns me that you’re just moving people around, not creating anything particularly new to the regional economy. And this is not going to help the places the companies left.”

The scale of New Jersey’s generosity has bolstered one profitable new industry: the resale of tax incentives by businesses that can’t use them.

Economic development incentives are transferrable under state law. When New Jersey awards tax breaks in excess of a company’s tax bill, the recipient can sell them to an unrelated corporation looking to pay less in taxes. The 76ers, for example, told the AP last year that the team expects to sell a portion of its $82 million in New Jersey incentives — the NBA franchise doesn’t make enough money to use them all.

In at least one case, the value of the tax credits outstripped the value of the business that received them. In November, a Maryland medical testing startup, DioGenix Inc., received a $7.9 million tax incentive to relocate to Camden. Two months later, DioGenix sold itself for between $8 million and $10.9 million to a buyer that announced it would resell the tax breaks for at least $6 million.

Lizura said he was unaware of DioGenix’s upcoming sale when it received its state tax credits but called the sale evidence of success. The incentives are awarded only when companies meet their job and investment obligations.

“If a capitalized company comes in and buys a startup company and they live up to the approval we had, how great is that?” he said.

Diogenix’s buyer, Amarantus Biosciences Holdings Inc. of San Francisco, has been unprofitable since its founding in 2008, has less than $2 million in assets and warned investors in November that there is substantial doubt about whether it can stay in business, according to Securities and Exchange Commission filings. The company did not return phone calls from The Associated Press over several weeks.

Many of the tax breaks involve projects connected to Norcross, the Democratic power broker, whose tacit support for Christie is widely viewed as vital to his 2009 victory over then-Gov. Jon Corzine.

Norcross is on the board of Holtec, the nuclear equipment manufacturer. He also sits on the board of Cooper Hospital, which both received a grant and is the indirect beneficiary of two more — one to build housing for its students and the other to DioGenix, which the state authority said moved to Camden to work with Cooper.

Some recipients also have business relationships with Norcross and his family. Over the last three years, Cooper has paid more than $1 million to Norcross’s insurance brokerage and more than $2 million to a law firm partially owned by his brother Philip, though the hospital’s financial statements said those relationships predate George Norcross’s tenure on its board. Along with his firm’s work for Cooper, Philip Norcross’s firm represented the Philadelphia 76ers for the negotiation of the team’s $82 million in tax credits.

Dan Fee, a spokesman for Norcross, said in an email that there’s nothing wrong with his interest. “He’s been an active and regular cheerleader for companies to relocate to the city, so it’s not a surprise that he has relationships with many of their leaders — he’s been personally advocating for them to move to Camden.”

Lizura said it’s the board, not Norcross, who decides what deals get made.

“Each approval stands on its own merits,” said Lizura, the head of the Economic Development Authority. “The more cheerleaders, the better.”

As money has flowed to development in Camden, some trickled back into politics. The lead investor in the 76ers, Joshua Harris, donated $50,000 to the Republican Governors Association during the time Christie ran it, and other part-owners of the team have given tens of thousands more to the group or to Christie’s campaigns. A political committee supported by employees of Lockheed Martin, another recipient of a Camden grant, pumped more than $100,000 into the governors’ group during Christie’s tenure.

No donations are as notable as those from Pennsylvania developer Israel Roizman. Last February, the state awarded incentives worth $13.4 million to Broadway Associates 2010 LLC, a real estate development company he controls. The project in question: refurbishing 175 low-income housing units that deteriorated under two decades of Roizman’s ownership.

Roizman received the tax breaks despite having failed to repay a state loan on the nearby Camden Townhouses development. A company he owns owes New Jersey’s Housing and Mortgage Finance Agency a total of $6.2 million in unpaid principal and interest on a loan that has been overdue by several years.

The agency does not consider the loan in default because it is still hoping to work out a repayment deal and does not believe it would gain much by foreclosing, spokeswoman Tammori Petty said.

Roizman is one of the region’s top political donors, giving as much as $100,000 each year and raising six-figure sums for national candidates. Though his contributions have overwhelmingly supported Democratic entities — Roizman was a campaign bundler for President Barack Obama — he cut a $10,000 check to the Christie-led governors association in late 2013, just before Christie became chairman and a few months before receiving his tax breaks. Last year, when Christie was at the helm, he gave the group the same amount.

The AP asked Roizman how he received additional money from New Jersey despite owing the state so much money.

“Why don’t you call the state and let them explain that to you?” Roizman said, then hung up.

New Jersey housing officials said that near the end of its multi-decade loan to the Roizman Camden development, the property ceased being profitable. Because Roizman did not personally guarantee the loans, the state has no recourse against the developer himself.

Copyright 2015 The Associated Press. All rights reserved.

The Trouble With Chris Christie

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Posted on Jan 13, 2014

By Chris Hedges

New Jersey Gov. Chris Christie has been Wall Street’s anointed son for the presidency. He is backed by the most ruthless and corrupt figures in New Jersey politics, including the New Jersey multimillionaire and hard-line Democratic boss George Norcross III. Among his other supporters are many hedge fund managers and corporate executives and some of the nation’s most retrograde billionaires, including the Koch brothers. The brewing scandal over the closing of traffic lanes on the George Washington Bridge apparently in retaliation for the Fort Lee mayor’s refusal to support the governor’s 2013 re-election is a window into how federal agencies and the security and surveillance apparatus would be routinely employed in a Christie presidency to punish anyone who challenged this tiny cabal’s grip on power.

Christie is the caricature of a Third World despot. He has a vicious temper, a propensity to bully and belittle those weaker than himself, an insatiable thirst for revenge against real or perceived enemies, and little respect for the law and, as recent events have made clear, for the truth. He is gripped by a bottomless hedonism that includes a demand for private jets, huge entourages, exclusive hotels and lavish meals. Wall Street and the security and surveillance apparatus want a real son of a bitch in power, someone with the moral compass of Al Capone, in order to ruthlessly silence and crush those of us who are working to overthrow the corporate state. They have had enough of what they perceive to be Barack Obama’s softness. Christie fits the profile and he is drooling for the opportunity.

Activists, Democratic and Republican rivals for power, liberals, reformers and environmentalists will, if Christie becomes president, see the vast forces of the security state surge into overdrive to stymie and reverse reform, gut our tepid financial and environmental regulations, further enrich the corporate elite who are pillaging the country, and savagely shut down all dissent. The corporate state’s repression, now on the brink of totalitarianism, would with the help of Christie, his corporate backers and his tea party loyalists become a full-blown corporate fascism.

Wall Street was unable to mask Mitt Romney’s cloying sense of entitlement and elitism, along with his Mr. Rogers blandness. But Wall Street sees in the profane, union-busting New Jersey governor the perfect Trojan horse for unfettered corporate power. Christie, eyeing a bid for the presidency in the 2016 election, has been promised massive financial backing by the Koch brothers; hedge fund titans such as Stanley Druckenmiller, Kenneth C. Griffin, Daniel S. Loeb, Paul E. Singer, Paul Tudor Jones II and David Tepper; financiers such as Charles Schwab and Stephen A. Schwarzman; real estate magnate Mort Zuckerman; former New York Stock Exchange Chairman Richard Grasso; former AIG head Maurice “Hank” Greenberg; former Morgan Stanley CEO John J. Mack; former GE Chairman Jack Welch; and Home Depot founder Kenneth Langone. David Koch has called Christie “a true political hero” and said he is “inspired by this man.” Rupert Murdoch, whose ethics seem to align with Christie’s, is similarly besotted with the governor.

Christie is pitched to the public, as was George W. Bush, as a regular guy, someone who speaks bluntly and candidly, someone you would want to have a beer with. But this is public relations crap. He is and has long been a hatchet man for corporate firms and big banks. He began his career as a corporate lobbyist in Trenton, N.J., working for clients such as the Securities Industry Association. He has done their bidding ever since. His wife, Mary Pat Christie, is a bond trader who has worked at JPMorgan Chase, Fleet Securities and Cantor Fitzgerald and is currently a managing director at Angelo Gordon, an investment firm in New York.

If Christie implodes politically, Wall Street will no doubt find another candidate to be its lackey. The system of corporate power, not the individual at the helm, is fundamentally the problem for democracy. But this does not mean we should not fear the excesses that surely would occur under a Christie presidency. Christie and those who want him to occupy the Oval Office have little regard for the impediments of law and do not know the meaning of the word “restraint.”

The quality of most of the reporting on Christie has been pathetic. The numerous portraits of the “regular-guy” governor are rewritten versions of the fatuous press releases provided by the governor’s public relations team. New Jersey desperately needs a version of the late columnist Mike Royko, whose unauthorized biography of Chicago Mayor Richard J. Daley, “Boss,” laid bare the Mafia-like inner workings of the Daley political juggernaut. The Christie forces, which have made an unholy alliance with the state’s corrupt Democratic Party bosses to create an unassailable gang of corporate rulers, are as brutal and colorful as anything Royko chronicled in Chicago. The Democratic machine, led by Norcross, allied itself with the Republican Christie to crush the Democratic candidate for governor, Barbara Buono, who lost last November’s election by roughly 22 percentage points.

Mark Halperin and John Heilemann in their book “Double Down: Game Change 2012” give us perhaps the best glimpse of Christie, who flirted with running for the Republican nomination during the last presidential race and was considered as a running mate for Romney. The authors devote a chapter to Christie called “Big Boy,” a nickname George W. Bush bestowed on the corpulent governor. When Romney met with Christie at the governor’s mansion in Princeton to obtain his endorsement, Christie not only demurred but warned Romney he better not approach any major donors in his state. “If you jump the gun and start raising money here, you can certainly kiss my support good-bye,” Christie told Romney, according to the book. The authors describe the conversation as “something out of ‘The Sopranos.’ ”

The Romney campaign, which reluctantly agreed to Christie’s incessant demands for private jets, ungainly entourages and expensive hotel rooms in return for campaign appearances by the governor in behalf of the GOP nominee, decided against selecting him as running mate because, as the authors write, Romney’s vetters were “stunned by the garish controversies lurking in the shadows of his record.”

A 2010 U.S. Department of Justice inspector general’s investigation of Christie’s spending patterns in the federal job he held before he became governor, the book notes, called Christie “the U.S. attorney who most often exceeded the government [travel expense] rate without adequate justification” and someone who offered “insufficient, inaccurate, or no justification” for stays at exclusive hotels such as the Four Seasons. In addition, the inspector general’s report raised questions among Romney’s vetters about “Christie’s relationship with a top female deputy who accompanied him on many trips,” the book said.

“There was the fact that Christie worked as a lobbyist on behalf of the Securities Industry Association at a time when Bernie Madoff was a senior SIA official—and sought an exemption from New Jersey’s Consumer Fraud Act,” Halperin and Heilemann wrote. “There [also] was Christie’s decision to steer hefty government contracts to donors and political allies such as former attorney general John Ashcroft, which sparked a congressional hearing. There was a defamation lawsuit brought against Christie, arising out of his successful 1994 run to oust an incumbent in a local Garden State race. Then there was Todd Christie [the governor’s brother], who in 2008 agreed to a settlement of civil charges by the Securities and Exchange Commission in which he acknowledged making ‘hundreds of trades in which customers had been systematically overcharged.’ (Todd also oversaw a family foundation whose activities and purpose raised eyebrows among the vetters.) And all of that was on top of a litany of glaring matters that sparked concern on [the Romney] team: Christie’s other lobbying clients; his investments overseas; the YouTube clips that helped make him a star but might call into doubt his presidential temperament; and the status of his health.”

Christie’s large public entourage always includes a videographer who captures the governor’s frequent public humiliation of those—public school teachers are his favorite targets for ridicule—who have the audacity to question his judgment. These exchanges are immediately edited and uploaded to YouTube. There are now more than 600.

State politicians who do not kowtow before Christie receive acidic notes and emails. A former acting New Jersey governor, Richard J. Codey, after defying Christie abruptly lost his police escort. A state senator who angered the governor was denied a promised judgeship. A Rutgers professor and political scientist who declined to endorse Republican redistricting plans abruptly lost state funding for his program at the university.

Christie’s warped pathology, as is evidenced in this 2010 YouTube video in which he belittles a public school teacher, is a source of pride for the governor and has made him a darling of the right-wingers who target those who teach the vast majority of American schoolchildren.

In another incident, Christie angrily shouts to a man who had questioned his attacks on public school teachers: “You’re a real big shot. You’re a real big shot shooting your mouth off.” The man replies, “Nah, just take care of the teachers.” Christie, pushing his bulk before him and surrounded by his security detail, strides toward the man, who slowly backs away. “Keep walking away,” Christie says menacingly. “Really good. Keep walking.” The brief clip is a disturbing window into the governor’s vindictiveness, one that is augmented by access to power.

The visceral need by Christie to ridicule and threaten anyone who does not bow before him, his dark lust for revenge, his greed, gluttony and hedonism, his need to surround himself with large, fawning entourages and his obsequiousness to corporate power are characteristics our corporate titans embrace and understand. They see in Christie versions of themselves. They know he will enthusiastically do their dirty work. They trust him to be a real bastard. If Christie and the billionaires behind him take the presidency and begin to manipulate government agencies and pull the levers of our Stasi-like security and surveillance apparatus, any pretense of democracy will be gone.

Read more at: http://www.truthdig.com/report/page2/the_trouble_with_chris_christie_20140112

Bryant Sentenced to Four Years in Prison

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By Trish G. Graber
on July 25, 2009 at 6:37 AM, updated July 25, 2009 at 12:32 PM

TRENTON — Former Sen. Wayne Bryant, once a titan of New Jersey politics, was sentenced Friday to four years in federal prison for trading his clout as budget chairman for a low-work job to boost his taxpayer-funded pension.

In handing down the sentence, U.S. District Court Judge Freda Wolfson in Trenton said public officials need to understand they cannot use their office for their own personal gain.

Full Star-Ledger coverage of the Wayne Bryant trial

“You’re not going to get a walk when you engage in this kind of activity,” she said.

Bryant, who served more than a quarter century in the Legislature, told the judge that if he could turn back time, he would do things differently.

“I cannot express how deeply sorry I am for the scorn my actions have caused,” said Bryant, who choked up while apologizing for his crimes.

A jury convicted Bryant (D-Camden) of 12 counts of pension fraud and bribery eight months ago, after a high profile trial that exposed a secretive and easily manipulated state budget process.

Bryant, who left office in 2007, helped steer $10.5 million in state grants to his employer, a school within the University of Medicine and Dentistry of New Jersey. Now he will have to pay $113,167 in restitution to UMDNJ and a $25,000 fine.

Wolfson said Bryant gave up his impartiality as a legislator when he accepted the low-show, $35,000-a-year job at UMDNJ in exchange for his influence, even if he intended to help his constituents by steering money to the school.

“It was the manner by which it was undertaken to subvert the system,” the judge said.

Wolfson also chided Bryant for his “low-show” job as a part-time attorney for the Gloucester County Board of Social Services – which helped to raise his pension from $28,000 to $81,000 a year. She said his actions were improper, despite his argument other attorneys also sent law firm associates to complete such work.

“It won’t fly,” Wolfson said. “Because ultimately to obtain a pension you have to do the work.”

Wolfson also sentenced former UMDNJ dean R. Michael Gallagher to a year-and-a-half in federal prison for bribing Bryant with the $35,000-a-year job at the university’s School of Osteopathic Medicine in Camden County.

His attorneys had requested he only receive house arrest and community service, so he could care for his mother, wife and sister, who all have health problems.

“I am so remorseful for having been involved in this,” said Gallagher. “I’ve regretted it every day of my life since.”

Gallagher also must pay a fine of $15,000 and $113,167 in restitution.

Gov. Jon Corzine said Bryant’s punishment is a warning to those state and local officials involved in illegal acts.

“Public corruption on any level cannot be tolerated, and any official who engages in such practices must be prosecuted under the fullest extent of the law,” said Corzine. “It is my hope that this still sends a clear message that public officials who break the law will go to jail.”

More than 100 people packed into the courtroom during the eight hours of court proceedings, including a string of friends and clergymen who pleaded for Bryant’s leniency.

The Rev. John A. Jones urged the judge to “be merciful today.” “His good has far out-distanced the bad,” Jones said.

Bryant endured the sudden death of his only child, Wayne Jr., 37, in 2006, “a sentence within itself,” Jones said.

Former Camden Mayor and State Department of Community Affairs Commissioner Randy Primas came from South Carolina to describe how “courageous” Bryant was for introducing welfare reform in the early 1990s that demanded more accountability from clients.

“Wayne Bryant gets up everyday to make life better for the less fortunate,” Primas said.
Wolfson said she took those words into account when administering Bryant’s sentence.

“A larger sentence,” said Wolfson, “would ignore many of the personal characteristics and your personal history.”

The sentencing came one day after federal law enforcement announced public corruption and money-laundering busts that swept up 44 people on Thursday, including two assemblymen, four mayors and several rabbis.

Acting U.S. Attorney Ralph Marra referred to the sweeping corruption, saying that Bryant was “one of the architects” of the “crooked world” in New Jersey politics.

Statehouse Bureau reporters Mary Fuchs and Susan K. Livio contributed to this report.

Palmyra Tapes Case Timeline

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SUMMER 2001: Gural cooperates with state investigators, secretly tape-recording conversations with Norcross. Gural claims Norcross promised rewards for Gural if he voted to not reappoint Rosenberg. Norcross denies this.

NOVEMBER 2001: State investigators raid West Deptford municipal offices, searching for records of contracts awarded to JCA.

MARCH 2003: A former JCA employee — William Hampton Jr., the son of a founder of the company — pleads guilty to stealing $360,000 from the firm. Hampton took checks from municipalities and deposited them into his personal account.

DEC. 12, 2003: Three top executives at JCA agree to a plea bargain with the state Attorney General’s Office. The three — Mark Neisser, Henry Chudzinski and William Vukoder — say they will resign from the company and plead guilty to making illegal donations of more than $84,000 to West Deptford Democrats.

FEB. 17, 2004: West Deptford Democratic campaign treasurer Daniel Wilson is found guilty of tampering with public records and failing to report illegal campaign donations by JCA. Wilson is found innocent of charges he stole $28,000 in campaign funds.

MARCH 25, 2004: State Sen. Diane Allen, R-Edgewater Park, calls for an independent investigation of JCA by U.S. Attorney Christopher Christie.

MARCH 26, 2004: Superior Court Judge John Almeida throws out the plea bargain between JCA and Attorney General Peter Harvey. Almeida complains that JCA’s attorney, Kevin Marino, also personally represented Harvey in another ethics case. “The proposed plea agreement is not in the interest of justice,” Almeida said. “It is rejected.”

MARCH 31, 2004: Harvey fires back at Almeida, insisting the judge made “a rather serious error” in dismissing the three guilty pleas.

APRIL 2, 2004: Sen. Joseph Kyrillos, the state Republican chairman, calls for the U.S. attorney, a special prosecutor or a new attorney general to take over the criminal case against JCA.

MAY 1, 2004: The Schools Construction Corp. announces it intends to bar JCA and five of its top officers from working on the state’s school construction program for five years.

JUNE 8, 2004: Two months after rejecting a similar deal, Almeida agrees to a plea bargain involving the three former JCA executives. Almeida says circumstances have changed enough to convince him there was “no valid reason” to reject or delay a plea. Under terms of the deal, Neisser, Chudzinski and Vukoder will plead guilty to income tax evasion stemming from the campaign law infraction in West Deptford.

FEB. 25, 2005: Superior Court Assignment Judge John Sweeney orders that 330 hours of secret recordings of conversations between Gural and South Jersey power brokers, including Norcross, be released by the state within 15 days. Rosenberg, who filed a lawsuit to have the recordings released by state criminal investigators, said they will show “blatant examples of criminal behavior,” including Norcross attempting to bribe him. Norcross’ attorney, William Tambussi, said the recordings include just two conversations with his client and that state investigators have already found no evidence of wrongdoing.

APRIL 1, 2005: In the first series of released recordings, Norcross is heard denigrating a host of fellow Democrats, bragging about his influence with former Gov. James E. McGreevey and then-U.S. Sen. Jon S. Corzine, and describing the judiciary as a place to “get rid” of troublesome people. Tambussi says the tapes show Norcross to be a “tough fighter” for his party and South Jersey, and that “Mr. Gural and Mr. Rosenberg invented, fabricated and lied in all their wild accusations.”

JUNE 1, 2005: About 60 hours of new recordings are released. In one recording made in 2001, R. Louis Gallagher, then the chairman of the Burlington County Democratic Party, is heard telling Gural he should get a reward for agreeing to fire Rosenberg as borough solicitor at the behest of Norcross.

JUNE 27, 2005: A newly released tape shows that in July 2001, Norcross went to a high-ranking official in the Attorney General’s Office and asked that the investigation into allegations of political corruption in South Jersey be killed. “I’m not a thief. I’m not a crook. I can sleep at night,” Norcross told Anthony Zarrillo, then deputy director of the attorney general’s Division of Criminal Justice. “The only thing I have to worry about is a prosecutor or investigator who has an evil agenda.”

JULY 6, 2005: U.S. Attorney for New Jersey Christopher Christie says his office is “fully investigating” the Palmyra tapes case.

WEDNESDAY: Christie announces the federal government would not be able to prosecute Norcross even if he broke the law because the state Attorney General’s Office botched its investigation.

Informant Details Norcross Tape

John Gural says the Democratic leader bragged about his influence in a secretly recorded chat

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POSTED: March 11, 2005

At a critical juncture in a political-corruption probe four years ago, the New Jersey Division of Criminal Justice made a decision: Put a body wire on then-Palmyra Councilman John Gural and send him into the Commerce Bank office of Democratic power broker George E. Norcross III.

Investigators already had taped a Norcross telephone call. Now they wanted Gural to meet him. For about 90 minutes as the hidden tape recorder rolled, Gural joined Norcross and Mark Neisser, president of the politically connected engineering firm that was the subject of the same probe.

What was said that day in January 2001 has remained locked up in an evidence vault in the Division of Criminal Justice’s office in Cherry Hill. But with the investigation now over, a state Superior Court judge has ordered that tape and dozens of others released – barring an expected appeal by the state attorney general.

“Norcross talked for almost an hour and half,” Gural said in a recent interview. “He talks about how he could influence judicial appointments in New Jersey. He talks about how he wanted to deal with some of his political opponents. And he talked about how he wanted to eliminate the ‘fringe elements’ in Burlington County Democratic politics.

“But most of all, he talked about how powerful he was and how much influence he had” with Jim McGreevey, the soon-to-be governor, Gural said.

A state bid to keep the tapes secret was rejected last week by Judge John A. Sweeney. He ordered them released to Ted Rosenberg, a whistle-blower who sued for their release.

The state promptly filed a motion to bar the release before a March 21 deadline but withdrew it late yesterday. Officials at the Attorney General’s Office said yesterday that they had the right to renew the motion but declined to discuss what legal action was planned.

In all, 330 hours of conversations are at issue. Some were in the offices of JCA Associates Inc., the Moorestown engineering company where Gural worked as a project manager. Others were with now-Superior Court Judge John Harrington; there are three tapes with Lou Gallagher Jr., then chairman of the Burlington County Democratic Party, and one with Alice Furia, the party’s vice chair.

Rosenberg and Gural have said the tapes – especially the one with Norcross – offer a rare inside look at power politics and could embarrass some political figures.

William Tambussi, attorney for Norcross, said that the tapes showed “absolutely no evidence of any criminal wrongdoing against anyone,” and that Gural and Rosenberg had political motives in pushing for their release.

“Rosenberg and Gural live in a fantasy world. This is all about politics and their political failures,” he said.

The meeting with Norcross was arranged through Neisser, then president of JCA. The company has since been absorbed by another engineering firm. Last year, Neisser pleaded guilty to minor tax charges in a deal related to the case.

At the time of the recordings, a political battle was being waged in Burlington County, and Rosenberg, the solicitor in Palmyra, was opposing Norcross.

According to Gural, Neisser told him that Norcross wanted Rosenberg ousted as the town’s attorney. If Gural agreed to that, the Democrats would reward him, he was told. If not, he would lose his job at JCA.

Incensed at what he perceived as a threat, Gural approached the state, which agreed to begin an investigation.

In early January, investigators equipped Gural with an F-BIRD (FBI Research and Development), a high-tech electronic listening device the size of a business card. Gural slipped the device in his shirt pocket and headed to Norcross’ office.

The meeting, Gural said, was held in a posh conference room at Commerce Bank’s corporate offices in Cherry Hill, overlooking a busy stretch of Route 70.

Norcross, dressed impeccably in a dark suit and white shirt, welcomed him and Neisser and immediately launched into a monologue, Gural said.

“He began talking to Neisser about the influence he was amassing with McGreevey and how he had been named the co-finance chairman for the gubernatorial campaign,” Gural said.

The conversation quickly turned to Rosenberg, who had sought the chairmanship of the Burlington County Democratic Party without Norcross’ blessing.

“He said he wanted to punish Rosenberg for his actions in defying him,” Gural said.

“He was trying to be as forceful as he could in getting me to toe the line. He wanted me, very clearly, to fire Rosenberg as the solicitor.”

The men disagreed about Harrington’s role in Burlington County politics.

Norcross supported him; Gural did not.

“Norcross said he understood that Harrington wasn’t the most popular person and that Harrington’s involvement in the county party was causing friction,” Gural said.

“Norcross said he was going to resolve that by working to make Harrington a judge.”

Gural said the conversation shifted to professional contracts.

“He asked me who the engineers were in Palmyra, and I told him Dick Alaimo. He snapped at Neisser, asking him, ‘How did that happen?’ ” Gural said. “To tell you the truth, he startled me.

“He discussed Commerce Insurance’s appointment in Palmyra as well, asking me if I was going to reappoint Commerce as the township’s insurance broker.

“I assured him we would,” Gural said. (The next year, Commerce lost the contract).

Gural, at the direction of the Division of Criminal Justice, then asked Norcross whether he could arrange to have him appointed to a post at the county Board of Elections, a part-time paid position.

“Norcross took out a piece of paper and wrote it down,” Gural said. “Then he put the paper in his pocket and nodded, leading me to believe he was going to look into it.

“The meeting itself went fairly well,” Gural said. “At the end, Norcross told Neisser to invite me to the next fund-raiser at the Tavistock County Club. Two days later, I went. I knew the tickets were pretty expensive.

“But they comped me.”

Contact staff writer Maureen Graham at 856-779-3802 or mgraham@phillynews.com.

IN PERSON: The Tale of the Tapes

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ON first impression, John Gural stocky and bespectacled — hardly strikes a visitor as a secret agent, partisan revolutionary or news-media star.Yet after wearing a hidden microphone for several months to capture the boasts and threats of one of the most powerful men in New Jersey, Mr. Gural — who today is part-time mayor of this blue-collar town of 7,100 in South Jersey — has become all of those things.

In retrospect, Mr. Gural says: ”This was like something out of a movie. I couldn’t believe it.”

So how did Mr. Gural (pronounced guh-RAL), a self-professed ”small-town guy” who lives with his wife and two children in the house where he grew up, find himself in the center of one of this year’s most dramatic stories?

The way Mr. Gural recalls it, the whole conflict was thrust upon him when his personal loyalties ran up against the murky nexus of business and politics in New Jersey, and the ramifications are certain to play out during the coming gubernatorial election and beyond. Already, Douglas Forrester, a leading Republican gubernatorial candidate, has put on radio spots featuring George E. Norcross III, the powerful but unelected Democratic boss from Camden County, bragging on tape about his access to Senator Jon S. Corzine, the presumptive Democratic candidate.

Sitting in his favorite corner seat in the dimly lighted Park Tavern in Palmyra one recent evening, the 45-year-old mayor hardly knew where to begin.

”It all started in February of ’99,” he said, prompting an indulgent smile from an eavesdropping bartender who had clearly heard it all before.

And so begins the tale of the tapes.

The highlight of the tape recordings — 330 hours worth that have collectively become known as ”the Palmyra tapes” — is probably the two hours or so of discussions between Mr. Gural and Mr. Norcross, who boasted of his influence with the state’s top office holders.

In his conversations with Mr. Gural, who at the time was a Palmyra councilman and project manager at an engineering firm, Mr. Norcross bragged about his access to powerful elected officials like Mr. Corzine and his ability to provide cushy jobs for allies and to wreck the livelihoods of adversaries.

But what would make Mr. Norcross flex his political muscles before the small-town city councilman?

To hear Mr. Gural tell it, the trouble started when he formed a friendship with Ted Rosenberg, Palmyra’s Democratic town solicitor.

When Mr. Gural agreed to publicly support Mr. Rosenberg for a local party chairmanship against the candidate backed by the Democratic county organization, he said he got an unexpected call at his workplace, an engineering company called JCA Associates that relied on municipal contracts for much of its business.

”My boss called me into his office, and he said, ‘Gural, it would be better for your future here if you didn’t go to that press conference,”’ Mr. Gural recalled between sips of black-and-tan. ”I loved working there. I didn’t know what to do. But I said, ‘You know what? I made a commitment to him and I’m not going anywhere.”’

Over the next few months, Mr. Rosenberg continued to butt heads with local party leaders, and Mr. Gural came under increasing pressure from within JCA to disavow his alliance with Mr. Rosenberg and, eventually, to use his position on the town council to oust him as town solicitor.

That, Mr. Gural said, is when he decided to take matters into his own hands, setting up a sort of amateur sting operation before a meeting with one of his bosses at JCA.

”I dusted off my Sony pocket recorder — the thing was like 11 years old, it was like a brick,” he said, making an unmistakable brick shape with his hands. ”I had a little bit of tape left.”

On that tape, Mr. Gural said, he recorded his boss telling him to fire Mr. Rosenberg because ”this is what George wants.”

Figuring he had captured a clear piece of evidence — of what, he was not sure — he called a friend who is a lawyer, and together they called State Attorney General David Samson’s office. Soon afterward, Mr. Gural said he was meeting with two state investigators in his lawyer’s office, where they listened to the recording he had made. The investigators’ reaction was swift.

”They say, ‘If you agree right now, you’re working as our agent,”’ said Mr. Gural.

From then on, Mr. Gural adopted a new routine: he would get wired up at home in the morning by agents from the attorney general’s office, go to work and then meet with the agents for an end-of-the-day debriefing.

”For my wife and kids, it just became part of the routine,” he said.

It was some routine for Mr. Gural, who grew up in Palmyra, the oldest of five children of a welder and a homemaker. Though he left Palmyra after high school to play soccer for the University of Delaware, he finished only one year of college before returning home. About a decade ago Mr. Gural decided to enter local politics, first getting elected to the town council, then mayor — a position that carries an annual salary of $2,100.

After capturing on tape what he described as an escalating series of threats to his job security if he did not fire Mr. Rosenberg — along with increasingly explicit acknowledgements that Mr. Norcross was putting pressure on company officials to get it done — the investigators decided that the best course of action would be for Mr. Gural to act as if he had finally caved in to the pressure.

”At that point, all they had were threats,” he said. The investigators were looking for a way to extend the investigation.

So Mr. Gural told his bosses at JCA — who did not know that he was taping his conversations with them or Mr. Norcross — that he would fire Mr. Rosenberg from his position as town solicitor.

It did not take long for his seeming favor to be returned.

”My boss came in and said, ‘Gural, think about what you want — you’ve been called up to the mountaintop.”’

The mountaintop, of course, was the meeting with Mr. Norcross — an executive at Commerce Bank and one of the most powerful men in New Jersey — during which Mr. Gural said he was offered help getting a lucrative job at the Burlington County Board of Elections.

Later that year, state investigators raided the offices of JCA Associates, seizing computers and documents. The entire yearlong investigation resulted in three officials from JCA pleading guilty to tax fraud and campaign-finance charges. Mr. Norcross was not charged with any wrongdoing.

For now, the fate of the bulk of the tapes remains unresolved. The state attorney general’s office released the two hours of conversations after Mr. Norcross — and acting Gov. Richard J. Codey — urged that they be released. But more than 300 hours of the tapes have not yet been made public pending a judge’s decision on a motion filed earlier this month to withhold them until they can be edited to protect details of wire-tapping techniques and innocent third parties.

After an uncomfortable few months in 2001 when Mr. Gural continued to go to work at JCA Associates, he left to take a job with a construction company in Vineland.

As for the people of Palmyra, he said that they were overwhelmingly supportive of what he had done, and in fact elected him mayor in 2003 and thanked him ”for standing up for them.”

Otherwise, Mr. Gural said, all the madness surrounding the tapes has not altered his life that much.

”I mean, I still bank at Commerce Bank,” he said. ”It’s convenient. What can I say?”

Photo: ”This was like something out of a movie,” said Mayor John Gural of Palmyra, a town of 7,100 in South Jersey. ”I couldn’t believe it.’

Cooper Health System Pays $12.6 Million To Resolve False Claims Lawsuit Over Kickbacks Paid To Referring Physicians

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PHILADELPHIA, Jan. 24, 2013 /PRNewswire

A federal lawsuit filed by prominent Delaware Valley cardiologist Nicholas L. DePace, M.D., sparked a multi-year investigation by the United States Department of Justice and the New Jersey Attorney General’s Office that has resulted in New-Jersey based Cooper Health System, and Cooper University Hospital paying $12,600,000 to settle Medicare and Medicaid fraud allegations.

The qui tam lawsuit filed in federal district court in New Jersey in 2008 by Dr. DePace alleged that the Cooper Health System and Cooper University Hospital (collectively referred to as “Cooper”) paid millions of dollars in illegal kickbacks to physicians to induce them to refer patients to Cooper for expensive in-patient and out-patient cardiac services.  A copy of Dr. DePace’s qui tam Complaint, which both the United States and the State of New Jersey joined, along with a copy of the Settlement Agreement can be found atwww.falseclaimsact.com; and www.usdoj.gov/usao/nj/The United States and State of New Jersey did not file their own Complaint.

Details of Cooper’s Alleged Kickback Scheme

According to Dr. DePace’s Complaint, since 2004, Cooper funneled illegal kickbacks to referring physicians through an advisory board known as the Cooper Heart Institute Advisory Board (“CHIAB”).  Cooper established the CHIAB in 2004, with the stated purpose of utilizing prominent New Jersey physicians to advise the Cooper Heart Institute regarding innovative technologies, new management strategies, community needs, and appropriate educational and research initiatives.

In reality, the CHIAB was a sham, in which Cooper paid physicians with high-volume medical practices upwards of $18,500 each to do little more than watch four lectures per year hosted at an elegant banquet facility.  These lectures consisted mostly of marketing presentation on cardiac care at Cooper.  Additional lectures included generic subjects that were irrelevant to the stated mission of the CHIAB, including a 2008 lecture entitled: “The Healthcare Plans of the Two Presidential Candidates.”

Relator Dr. Nicholas L. DePace

Dr. Nicholas L. DePace is a nationally-recognized expert in cardiology, a prolific author, and noted philanthropist.  He runs a busy solo-cardiology practice with offices in Philadelphia and Sewell, New Jersey.

Dr. DePace has practiced medicine in New Jersey and Pennsylvania for more than 30 years.  He is Board Certified in both Cardiology and Internal Medicine.  He is also certified in Echocardiology, Nuclear Cardiology, and Lipidology.  Dr. DePace has, since age 33, served on the faculty of numerous medical schools, including the Medical College of Pennsylvania, Thomas Jefferson University, andDrexel University College of Medicine (formerly Hahnemann University).  He is a Fellow of the American College of Cardiology and the American College of Chest Physicians.

Dr. DePace is a prolific and widely-acclaimed author.  He has written more than 70 manuscripts, contributed to 7 medical text books, and was a co-author of the book:  “The Heart Repair Manual: The Philadelphia Formula for Preventing & Reversing Atherosclerosis,” published by W.W. Norton & Company.  Additionally, Dr. DePace has served on the Editorial Board of the American Journal of Cardiology.

Dr. DePace is also a well-known philanthropist.  He has founded several non-profit organizations in the Delaware Valley.  Dr. DePace also received national recognition when, in 2011, he aided the Order of the Sisters of Notre Dame by salvaging a failed commitment to purchase a 100-year old Honus Wagner baseball card that had been donated to the Roman Catholic religious order.  See “A Windfall in Cardboard,” New York Times, Jan. 31, 2011.  This aided in subsidizing dozens of foreign missions run by the religious order.  That card, which was later blessed by the Archbishop of Camden, New Jersey, will be included in a sports museum for public display.

Dr. DePace Exposes Cooper’s Kickback Scheme

In the spring of 2007, Cooper invited Dr. DePace to join the CHIAB.  After attending his first CHIAB lecture, Dr. DePace quickly realized that the CHIAB was a thinly-veiled kickback scheme.  Dr. DePace observed that the other CHIAB members were family physicians with high-volume practices.  These physicians were all in the position to direct millions of dollars in patient care to Cooper.

Dr. DePace also observed that the CHIAB physicians were paid $18,500 for doing nothing more than sitting and listening to marketing presentations and lectures on irrelevant topics.  The physicians did not discuss the lecture topics, and were not required to perform any additional work in exchange for the payments from Cooper.

In exchange for Cooper’s kickback payments, CHIAB physicians referred their patients to the Cooper Heart Institute for expensive in-patient and out-patient cardiac services.  At least one CHIAB member admitted to Dr. DePace that, when making referrals, he knew that Cooper, through the CHIAB, “butters his bread.”

Dr. DePace was alarmed by the CHIAB scheme because patients were being referred to Cooper because of the kickbacks paid to physicians, instead of basing that referral on the best medical interests of the patients.  Dr. DePace filed his qui tam lawsuit in 2008 in an effort to stop this kickback scheme.

Cooper’s Scheme Violated Federal and State Anti-Kickback Statutes and Physician Self-Referral Laws

Cooper’s scheme is alleged to have violated federal and state Anti-Kickback Statutes, Physician Self-Referral laws, and the federal and New Jersey False Claims Act.

The federal Anti-Kickback Statute, along with similar state laws, generally prohibits the offering or paying anything of value to induce the referral of a service or item paid for by the Medicare or Medicaid programs.  42 U.S.C. Sec.1320a-7b(b)(1) and (2), and N.J.S.A. 30:4D-17(c).

Because of the extent to which a physician controls the health care decisions of his or her patients, federal and state law regulates patient referrals between a physician and an entity in which the physician (or an immediate family member) has a financial interest.  The federal Stark Law, also referred to as the Physician Self-Referral Law, and New Jersey‘s analogous Codey Law, sets forth extensive civil prohibitions on the referrals that physicians can make to any entity in which they have a financial interest.

Details of the Government Settlement

The settlement with the United States, and the State of New Jersey, announced today, will require Cooper to pay the United States$10,000,000 and the State of New Jersey $2,600,000.  The settlement is one of the largest against a hospital for operating a kickback scheme, and is one of the largest recoveries for the State of New Jersey under its recently passed state False Claims Act.  Cooper denies that it is liable for violating federal or state laws.

As required by statute, Dr. DePace is entitled to receive a minority share of the governments’ recovery for reporting Cooper’s fraudulent kickback scheme.  In addition, the False Claims Act requires Cooper to pay Dr. DePace’s reasonable attorneys’ fees and costs expended in the investigation and prosecution of this case.

In keeping with his lifelong commitment to charity, Dr. DePace plans to donate a portion of his recovery in this case to the Sisters ofNotre Dame along with other charitable organizations.

Dr. DePace was represented by Marc S. Raspanti, Michael A. Morse, and Pamela C. Brecht, of the national whistleblower law firm of Pietragallo Gordon Alfano Bosick & Raspanti, LLP.

Attorney Marc S. Raspanti praised Dr. DePace’s courageousness in exposing Cooper’s kickback scheme, adding: “Dr. DePace exhibited tremendous courage exposing a kickback scheme run by one of the largest, most-powerful hospitals and health systems inNew Jersey. Dr. DePace’s motivation throughout this case was to ensure that decisions on patient care are based solely on the medical needs of the patient, and not because of the kickbacks Cooper paid to the referring physicians.”

Attorney Michael A. Morse commented: “The government team at the United States Department of Justice, the United StatesAttorney’s Office in New Jersey, and the New Jersey Attorney General’s Office, have done a tremendous job investigating Dr. DePace’s case and in recovering millions of dollars in taxpayer funds.  The close partnership forged between Dr. DePace, his attorneys, and the tenacious federal and state prosecutors and investigators was essential to the successful recovery reached in this complex case.  It was an honor to represent Dr. DePace throughout this important case.”

Attorney Pamela C. Brecht added: “If every doctor had the courage to do what Dr. DePace did in this case, the Medicare and Medicaid programs would be better protected against fraud, waste, and abuse.”

The Federal False Claims Act

The False Claims Act allows private persons (known as “relators”) to file a lawsuit against those business and individuals that have directly or indirectly defrauded the federal government.  The False Claims Act was enacted by Congress at the request of President Lincoln, who signed it into law on March 2, 1863.  The Act was strengthened in 1986, and again with amendments enacted in 2009 and 2010.  The Act is the government’s primary tool against fraud by its contractors, as evidenced by the recovery of more than $33 billion since 1986.

Pietragallo Gordon Alfano Bosick & Raspanti, LLP, is one of the largest and most successful whistleblower law firms in the United States.  Lawyers in the nationwide whistleblower practice group of Pietragallo Gordon Alfano Bosick & Raspanti have served for more than 25 years as lead counsel in whistleblower cases that have recovered more than $1.8 billion for federal and state taxpayers.

Wayne Bryant Investigation Timeline

Wayne Bryant


Prosecutors say State Sen. Wayne Bryant got a no-show job through former UMDNJ Dean R. Michael Gallagher.

For the more than 20 years as a New Jersey legislator, state Sen. Wayne Bryant was credited with steering millions of dollars to South Jersey, reinvigorating the City of Camden. On March 29, 2007, Bryant, the former chairman of the powerful Senate Budget and Appropriations Committee, was indicted on 13 corruption-related counts. He pleaded not guilty. Bryant was later found guilty and was sentenced to four years in prison for bribery and fraud. The Inquirer takes a look at the controversy and allegations surrounding Bryant in this special topic.

Read the indictment.

On its face, there is nothing too unusual about the March 2002 letter that State Sen. Wayne Bryant signed in support of R. Michael Gallagher’s promotion to dean of the School of Osteopathic Medicine at the University of Medicine and Dentistry of New Jersey.
State Sen. Wayne R. Bryant offers smiles but little more to the media as he arrives at the U.S. courthouse in Trenton for arraignment on federal charges of fraud and corruption.
After his latest court appearance in Trenton yesterday, State Sen. Wayne R. Bryant gave his characteristic blank stare to reporters asking him about the charges of fraud and political corruption facing him.
TRENTON – New Jersey Sen. Wayne Bryant pleaded not guilty to fraud, bribery and pension-padding charges this morning as his odyssey as criminal defendant continues.
Discussing the indictment of N.J. State Sen. Wayne Bryant at a news conference in Trenton last month were U.S. Attorney Christopher J. Christie (right) and FBI agent Pedro Ruiz (left).
The region’s two recently indicted state senators were – and are – rich and powerful men. The personal wealth of Pennsylvania Sen. Vincent J. Fumo, a banker, lawyer and licensed electrician, has been estimated at $20 million, and his stock and options from the bank his grandfather founded are worth an additional $13 million.
State Sen. Wayne Bryant's house in Lawnside. Though he resigned from his law firm, which collects $64,000 a year representing the borough, Bryant said, he sometimes fills in at borough meetings.
In one of his last acts before he was indicted last week, New Jersey State Sen. Wayne Bryant attended a Borough Council meeting in his hometown of Lawnside and helped steer a $10,000 “incentive” bonus to a woman who holds three borough jobs.
N.J. State Sen. Wayne Bryant (center) is surrounded by members of the media on his way to the federal courthouse in Trenton to face charges of public corruption and fraud.
As State Sen. Wayne Bryant made his way from the parking lot to the federal courthouse in Trenton yesterday morning, a swarm of cameramen and reporters descended on him. The reporters asked repeatedly whether he wanted to respond to the public corruption charges lodged against him last week, while he was on vacation in Mexico.
TRENTON – Few professors at Rutgers University-Camden knew that State Sen. Wayne Bryant was a part-time instructor there for five years, and most told the FBI they never asked him to teach their classes because they didn’t know he was on the payroll.
New Jersey State Sen. Wayne Bryant (center) is surrounded by the<br />media as he walks down East State Street in Trenton on his way to the Clarkson S. Fisher Federal Courthouse for a hearing on charges of public corruption and fraud.
TRENTON – State Sen. Wayne Bryant made his initial court appearance on corruption charges today, offering no comment in a case that started with the Camden County Democrat and broadened into a statewide investigation.
TRENTON – A day after a leading Democratic lawmaker was indicted on federal corruption charges, Republicans yesterday asked the governor to call a special legislative session to pass anti-corruption bills.
The corruption case against State Sen. Wayne Bryant (D., Camden) may not have the sex appeal of wiretaps, paramours, opulent spending, or old-fashioned cash bribes.
U.S. Attorney Christopher Christie talks about the charges against State Sen. Wayne Bryant outside the federal courthouse in Trenton.
Wayne Bryant’s web of no-show jobs made him rich for today and extremely secure for tomorrow, according to the charges.
After nearly 30 years on the New Jersey political scene, State Sen. Wayne Bryant had climbed his way to the top.
For decades, Wayne Bryant wielded his most powerful influence in two drastically different South Jersey communities. His indictment yesterday on corruption charges shook the political landscape in both places: Lawnside, his hometown, and nearby Camden, where he built his power base.
R. Michael Gallagher was a world-renowned expert on headaches who had his eye on a leadership job at UMDNJ’s School of Osteopathic Medicine when he became professionally entangled with Sen. Wayne Bryant.
TRENTON – State Sen. Wayne Bryant, until recently one of New Jersey’s most influential lawmakers, was charged today with abusing his power and the public trust.
Wayne Bryant
Wayne Bryant’s timeline of trouble
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TRENTON – This is where Wayne Bryant would have been. If not for the scandal, he would have been sitting here, front and center in Committee Room 4 of New Jersey’s Statehouse annex, presiding over state budget hearings.
TRENTON – As federal authorities continue to expand their investigation into Statehouse budget practices, serving subpoenas on three North Jersey legislators this week, the probe that started it all – into State Sen. Wayne Bryant – appears to be coming to an end.
Eight candidates qualified yesterday for Camden’s May 8 City Council election, which may test whether voters are affected by the corruption investigation of State Sen. Wayne Bryant.
TRENTON – An administrator at Rutgers University’s Camden campus e-mailed all 440 faculty members asking for information about embattled Sen. Wayne Bryant, which the school said it planned to share with the FBI.
It would be a dreadful oversight to allow state Sen. Wayne Bryant (D., Camden) to retire without a few appropriate remarks.
He was the man who put the poverty of Camden on the public agenda and gained national attention for sponsoring landmark welfare legislation.
TRENTON – Under a cloud of state and federal criminal probes, State Sen. Wayne Bryant yesterday announced the end of his 25-year legislative career, saying he would not seek reelection this fall.
TRENTON – Dogged by state and federal criminal probes, State Sen. Wayne R. Bryant announced today that he will not seek reelection this fall to the State Senate seat he has held since 1995.
So I guess I don’t have Jim McGreevey to kick around anymore, now that the infamous former governor finally submitted to his public hanging. Given our history, I was a little hurt not to be invited to the portrait-unveiling at the Statehouse last week. I would have happily held the nail.
Camden City Councilwoman Dana Redd, as tight-lipped as ever, strode through yesterday’s snow and whirling speculation that she might succeed embattled State Sen. Wayne Bryant.
TRENTON – State Sen. Wayne Bryant, who has been dogged by state and federal criminal investigations into taxpayer-funded jobs, is retiring from the law firm he helped found more than three decades ago.
State Sen. Wayne Bryant has applied to collect a pension from the four public jobs he held until last year, even though federal and state investigators are probing his work in two of those positions.
TRENTON – Federal investigators have subpoenaed financial records from the state Department of Children and Families and the Office of Legislative Services as part of a growing investigation of State Sen. Wayne Bryant, the former chairman of the powerful Senate budget committee.

“If we desire respect for the law, we must first make the law respectable.” – U.S. Supreme Court Justice Louis D. Brandeis