the staff of the Ridgewood blog
Trenton NJ, Attorney General Gurbir S. Grewal announced today that the ride-sharing company Uber Technologies, Inc. has agreed to pay a total of $148 million to resolve a multi-jurisdiction investigation into a data breach that compromised the personal information of Uber riders and drivers. New Jersey’s share of the recovery is approximately $3.75 million.
Continue reading Uber Settles Largest Multi-State Data Breach Settlement Ever
photo courtesy of FOX 29
the staff of the Riidgewood blog
Trenton NJ, “Parents need to be aware of their children’s activities on the internet, and if children appear anxious or evasive when this topic is raised, it may be a red flag. It is critical that parents talk to their children about social media and chat apps to let them know that the people they encounter may not be who they initially seem to be.”
Continue reading 24 Alleged Child Predators Nabbed in “Operation Open House”
the staff of the Ridgewood blog
Mahwah NJ, Attorney General Gurbir S. Grewal announced today that the State and Mahwah Township have entered into a settlement agreement that resolves a lawsuit brought by the State in 2017 after Mahwah adopted two allegedly discriminatory ordinances – one banning non-residents from using Mahwah’s public parks, the other banning the posting of “lechis” on utility poles located within the municipality. Lechis are plastic strips that denote the boundaries of an eruv used by Sabbath-observant Orthodox Jews.
the staff of the Ridgewood blog
Trenton NJ, Attorney General Gurbir S. Grewal today announced the creation of a unit within the Office of the Attorney General to combat corruption and strengthen public confidence in government institutions. To lead the effort, Attorney General Grewal has recruited Thomas J. Eicher, a longtime federal prosecutor who has led complex corruption investigations and obtained convictions against numerous public officials, including multiple congressmen.
Continue reading State of New Jersey to Investigate Itself for Corruption
the staff of the Ridgewood blog
Fair Lawn NJ , The New Jersey State Police have arrested Wellingon Moya, 44, of New York, N.Y., and Douglas Watson, 41, of Hawthorne, N.J., and seized $375,000 worth of heroin and cocaine.
Continue reading NJ State Troopers Seize $375,000 worth of Heroin and Cocaine in Fair Lawn
Newark NJ, Attorney General Gurbir S. Grewal and the Division of Consumer Affairs today announced a settlement with data management software developer Lightyear Dealer Technologies that resolves the Division’s investigation into a cyber security lapse that allowed unauthorized public internet access to a company database containing personally identifiable information of customers and employees of more than 100 auto dealerships nationwide, including at least four dealerships in New Jersey.
the staff of the Ridgewood blog
Newark NJ, Attorney General Gurbir S. Grewal and the Bureau of Securities within the Division of Consumer Affairs today filed suit against a Middlesex County man and the various investment companies he operated, alleging he defrauded more than $1.3 million from 26 New Jersey investors who bought stock in his online gambling companies, and then used the money to bankroll his lavish lifestyle.
In a complaint filed in New Jersey Superior Court, the Bureau alleges that Sandy J. Masselli, Jr., of Old Bridge, New Jersey, told investors that the money they invested in his Carlyle Gaming & Entertainment Ltd, and its successor company, Carlyle Entertainment, Ltd. (collectively the “Carlyle Companies”) would be used for proper corporate purposes.
the staff of the Ridgewood blog
Trenton NJ, Attorney General Gurbir S. Grewal today released new guidance addressing the scope and appropriate use of prosecutorial discretion in municipal court prosecutions of marijuana-related offenses. The guidance reaffirms that municipal prosecutors are not permitted to adopt their own policies to decriminalize marijuana. Instead, prosecutors handling marijuana cases may appropriately exercise prosecutorial iscretion on a case-by-case basis, as they would when prosecuting any other type of criminal offense.
Continue reading AG Grewal Releases New Guidance on Municipal Court Prosecutions of Marijuana Offenses
the staff of the Ridgewood blog
Trenton NJ, Attorney General Gurbir S. Grewal and the Division of Consumer Affairs today announced that 29 unlicensed movers have been issued Notices of Violation (“NOVs”) as a result of “Operation Mother’s Attic, a State-led undercover sting targeting public movers suspected of operating without licenses. Each unlicensed mover was also assessed a $2,500 civil penalty
The sting operation occurred over the course of four days in April 2018. Investigators from the Division’s Office of Consumer Protection (“OCP”) posed as individuals planning to move from an upscale neighborhood in Montville. The investigators found various unlicensed moving companies advertising online and hired them for their “move.” The movers drove to Montville, expecting to find a luxury home full of items to load, and were instead met by a team of OCP investigators, who issued them NOVs for operating without licenses.
Continue reading “Operation Mother’s Attic” Catches 29 Unlicensed Movers in New Jersey
August 9,2018
the staff of the Ridgewood blog
Trenton NJ, Attorney General Gurbir S. Grewal and the Division on Civil Rights announced today that a New Jersey trucking company must pay an ex-employee with sleep apnea $30,000 to resolve allegations it fired the man despite repeated medical examinations certifying him as fit for duty.
P. Judge & Sons, Inc., a trucking company located in Essex County, must pay former employee R.B. $15,000 to cover lost wages and another $15,000 for alleged pain and suffering. R.B. – the ex-employee’s name is being withheld to protect his medical privacy – worked as a yard switcher at the P. Judge & Sons facility in Port Newark. Among other duties, he conducted vehicle inspections, maintained the yard and emptied containers and trailers from the yard to the loading docks.
“This case should serve as a reminder to employers across New Jersey that our Law Against Discrimination prevents disability discrimination, and we are committed to ensuring those rights are protected,” said Attorney General Grewal. “In the face of repeated certifications of fitness for duty by licensed medical professionals, employers simply do not have authority to impose their own, uninformed biases and terminate a person with a disability.”
In March 2015, R.B. underwent a physical exam required periodically for workers in his job by the U.S. Department of Transportation. The exam resulted in a diagnosis of sleep apnea, and R.B. was placed on medical leave. R.B. then began treatment for his apnea and later underwent a physical examination at Concentra Medical Center – the company’s medical provider – in Newark. As a result of the physical, R.B. was issued a Medical Examiner’s Certificate (MEC) clearing him to return to his job. The MEC was valid for one month, and R.B. was instructed to continue treatment for his apnea after resuming work.
Despite the MEC clearing him to return, R.B. was denied reinstatement. Allegedly, his supervisor told R.B. that he needed an MEC valid for at least three months. However, after R.B. underwent a subsequent physical examination and obtained an MEC valid for three months, he was again denied reinstatement.
After seven months of being out of work – and repeated denials of reinstatement despite two MECs declaring him fit – R.B. filed a formal Complaint with the Division on Civil Rights.
During an investigation by the Division, one company official at P. Judge & Sons told investigators that R.B. was not permitted to resume work because he was continuing to receive treatment for his sleep apnea, and the company is “under no obligation to employ individuals whose health is non-compliant.”
Another company official argued that R.B. technically was not terminated. Rather, the official said, R.B. never contacted the company again after being denied reinstatement the last time. The same official contended that reinstating R.B. was a potential liability, because an employee afflicted with sleep apnea “can go to work… three months goes by, then he’s off, has to go to the doctor, and we’re getting charged by Concentra for the medical treatment.”
Division Director Sashihara noted that a Division investigation found nothing in DOT regulations, or in P. Judge & Sons’ own internal policies, to support the suggestion that the company was barred from reinstating R.B. once he presented either the one-month or three-month MEC.
“We know from our investigation that the company has, in the past, returned employees to work on the basis of a one-month MEC. We know that because company officials who we interviewed told us so,” said Director Sashihara. “Again, the law is the law, and ignorance of it – or disagreement with it – is no excuse. No matter the opinions or intentions behind it, employers and managers with no medical training cannot simply decide to terminate a worker based solely on assumptions, internet articles and the anecdotal experiences related by people they know, which is what we allege took place here.”
In addition to paying R.B. $30,000, P. Judge & Sons is required under the settlement announced today to adopt a variety of workplace policy and training reforms. The company also must submit to State monitoring of its treatment of employees and job applicants with disabilities for the next two years.
August 6,2018
the staff of the Ridgewood blog
Trenton NJ, Attorney General Gurbir S. Grewal and U.S. Marshal for the District of New Jersey Juan Mattos today announced that federal, state, and local agencies have united with the U.S. Marshals Service to help reduce gang violence across the state of New Jersey in Operation Summer in the City. The U.S. Marshals Service in the District of New Jersey and the U.S. Marshals Service NY/NJ Regional Fugitive Task Force conducted this collaborative effort involving all levels of law enforcement as an extension of the U.S. Marshals Gang Enforcement Program. The initiative came out of a meeting between Attorney General Grewal and U.S. Marshal Mattos at which they discussed strategies for reducing violent crime across the state. This one week fugitive initiative during July targeted New Jersey’s gang members and most violent offenders. This operation resulted in the arrest of 166 fugitives, which included 61 documented gang members including 42 Bloods, 13 Crips, 3 Latin Kings, 1 Surenos, and 1 Trinitarios member.
Operation Summer in the City was conducted throughout the Cities of Newark, Trenton, Jersey City, and Camden from July 16 through July 20. The objective was to strategically target the State’s most dangerous fugitives in order to curb the violence in these cities, and have a direct impact on the quality of life for the residents in these communities. Marshals and task force officers focused on targeting fugitives with violent charges as well as documented gang members. Not only were some of New Jerseys most violent offenders apprehended during this operation, but law enforcement also seized guns, drugs, and money. Of these notable seizures, 11 firearms, 7.15 kg in narcotics, one vehicle, and $100,000 in cash were confiscated.
The U.S. Marshal for the District of New Jersey, Juan Mattos states, “The U.S. Marshals Service is thankful for the relationships that we have with our city, county, state, and federal law enforcement partners that worked tirelessly in sweltering and scorching conditions to make ‘Operation Summer in the City’ a huge success. We heard the public’s pleas for help and their expressions of gratitude for making their neighborhoods safer as a result of these arrests. We listened to you loud and clearly, and we will continue pursuing these violent fugitives that are hiding in every corner of your city.”
New Jersey Attorney General Gurbir S. Grewal states, “Upon becoming Attorney General, I promised to make fighting violent crime a top priority, and this operation is part of delivering on that promise in a collaborative way. Law enforcement throughout New Jersey has a tremendous partner in the U.S. Marshals Service, and our strategy in ‘Operation Summer in the City’ was to conduct the type of operations that the U.S. Marshals conduct every day, but multiply our forces so we could blanket these four cities with deputy marshals and other law enforcement officers and target New Jersey’s most dangerous fugitives. This collaboration, including the tremendous work of our county prosecutors’ offices, who are prosecuting the overwhelming majority of these fugitives, is a great example of how we are working together to reduce and prevent violent crime in New Jersey. In fact, six-month data for 2018 shows a decline of 24 percent in shooting ‘hit’ victims in New Jersey compared to the same period in 2017, and a 23 percent decline in shooting murder victims, and I think that law enforcement is having a real impact in these declines by leveraging the great cooperative relationships we have fostered and sharing intelligence to address major causes of violence. Law enforcement agencies work best when they work together, and this sweep of gang members and violent offenders is an outstanding example.”
The U.S. Marshals Gang Enforcement Program is part of the Agency’s Organized Crime and Gangs Branch (OCAG). Through strategic fugitive investigations, the OCAG seeks to disrupt and destabilize criminal networks holistically, from the street level gangster to high-ranking leaders of the most notorious Transnational Criminal Organizations. In the state of New Jersey alone, the U.S. Marshals Service Gang and Regional Fugitive Task Forces have arrested 242 documented gang members from January through July of this year. In that same time frame, a total of 1,489 fugitives have been arrested by U.S. Marshals Task Forces in New Jersey and that number continues to grow, as each and every single day, some of the most violent offenders in the state are apprehended.
The full list of participating Law Enforcement agencies include:
United States Marshals
U.S. Customs and Border Protection
United States Postal Inspection Service
Homeland Security Investigations
ICE
U.S. Attorney’s Office for the District of New Jersey
NJ State Police Gangs and Organized Crime Unit, Fugitive Unit, and K-9
New Jersey Parole
New Jersey State Police
New Jersey Division of Criminal Justice
New Jersey Department of Corrections
Port Authority Police Department
Essex County Sheriff’s Office
Essex County Prosecutor’s Office
Hudson County Sheriff’s Office
Hudson County Prosecutor’s Office
Union County Sheriff’s Office
Mercer County Sheriff’s Office
Trenton Police Department
Monmouth County Sheriff’s Office
Mercer County Prosecutors Office
Burlington County Sheriff’s Office
Ocean County Sheriff’s Office
Camden County Sheriff’s Office
Gloucester County Prosecutor’s Office
Camden County Prosecutor’s Office
Deptford Police Department
Camden County Metro Police Department
August 4,2018
the staff of the Ridgewood blog
Newark NJ, Attorney General Gurbir S. Grewal and the New Jersey Division of Consumer Affairs today announced that a California company agreed to shut down its fashion-themed social website for teens and reform its business practices to resolve allegations that the company violated state and federal laws by improperly collecting personal information from more than 2,500 New Jersey children and by failing to appropriately safeguard its users’ account information which was compromised in a 2016 data breach.
The Division alleged that Unixiz, Inc., the company that owned and operated the online social website “i-Dressup”, violated the federal Children’s Online Privacy Protection Act (COPPA) and the New Jersey Consumer Fraud Act, by, among other things, failing to adequately safeguard user information and failing to obtain verifiable parental consent prior to collecting and processing children’s personal information.
“Children are extremely vulnerable on the internet and we must do all we can to protect them from being exploited by advertisers or tracked by internet predators,” said Attorney General Grewal. “We are committed to vigorously enforcing state and federal privacy protections and we will do everything we can to ensure that website operators comply with their duty to provide an extra layer of security on sites catering to young children.”
The allegations against Unixiz stem from an investigation initiated by the Division after media outlets began reporting that the i-Dressup website had been breached by an unknown hacker and that user accounts were vulnerable.
The Division learned through its investigation that more than 24,000 of the compromised i-Dressup accounts belonged to New Jersey residents, 10,101 of whom were under the age of 18. The Division confirmed that 2,519 accounts belonged to children under the age of 13.
The Division also alleged that Unixiz had improperly collected personal information from the 2,519 children – including first and last names, email addresses, birthdates, and gender – without prior verifiable consent from their parents, as required by law.
“As a result of our investigation, Unixiz agreed to shut down the i-Dressup website and to reform its practices to comply with all laws protecting the privacy of children and others online, said Paul R. Rodríguez, Acting Director of the Division of Consumer Affairs. “Our cyber fraud unit will continue to monitor the internet for reports of data breaches that affect New Jersey residents and take swift action to hold companies accountable.”
In a Consent Order entered with the Division, Unixiz agreed to put in place measures to obtain verifiable parental consent on all company-operated websites that collect children’s information, as well as measures to provide parents with the ability to review the information that the company is collecting from their child, and to revoke the right of that company to collect or maintain their child’s information. Unixiz also agreed to implement policies and procedures to safeguard users’ account information.
The company also agreed to civil penalties in the amount of $98,618, $34,000 of which has been paid and $64,618 of which will be suspended and automatically vacated after two years, provided that the company complies with the terms of the Consent Order.
The i-Dressup website, which billed itself as a “social hangout website” for teens, offered its users access to fashion and fantasy-based games, and a feature which allowed certain approved users to exchange messages.
The Division, through its investigation, confirmed that the website had actual knowledge that many of its members were under the age of 13, which triggered obligations to comply with COPPA.
COPPA and its regulations apply to operators of commercial websites and online services, including mobile apps, directed to children under 13, and operators of general audience websites or online services with actual knowledge that they are collecting, using, or disclosing personal information from children under 13.
The primary goal of COPPA is to provide parents with control over what information is collected from their young children online, including first and last names, home addresses, screen names and other online contact information, telephone numbers, social security numbers, photographs, and IP addresses and other persistent identifiers that can be used to recognize a user over time and across different web sites or online services.
July 31,2018
the staff of the Ridgewood blog
Ridgewood NJ, Attorney General Gurbir S. Grewal filed a lawsuit today seeking to prevent a firearms developer from publicly releasing computer files that would enable individuals to create untraceable firearms using a 3-D printer. The firearm developer, a Texas-based company called “Defense Distributed,” has threatened to release the files to the public on Wednesday, August 1, 2018.
Ridgewood Public Library has a MakerBot 3D printer which prints digital designs as 3D objects in a non-toxic biodegradable plastic called PLA (available in a variety of colors). Please read the 3D Printing Policy for complete details.
Attorney General Grewal filed the lawsuit in Superior Court in Essex County, seeking a temporary restraining order against Defense Distributed and its founder, Cody Wilson. The lawsuit follows a cease-and-desist letter that Attorney General Grewal sent the company on Thursday, July 26, 2018.
In a separate letter, Attorney General Grewal informed DreamHost, the web-hosting provider, that Defense Distributed’s website will be violating the provider’s Acceptable Use Policy. As the letter explains, Defense Distributed impermissibly plans to use the website to facilitate imminent violations of New Jersey state law.
“These dangerous files would allow anyone – including terrorists, domestic abusers, felons, fugitives, and juveniles – to print untraceable assault weapons using a 3D printer from the comfort of their own homes,” said Attorney General Grewal. “And because the guns would be printed without serial numbers, they would be untraceable by law enforcement, making it all the more difficult to solve crimes committed with these weapons. Once Defendants open that Pandora’s box, it can never be closed.”
Defense Distributed made national headlines by developing gun computer files that enable consumers to create fully operational firearms with a 3-D printer. The company’s founder, Cody Wilson, developed a printable plastic pistol known as the “Liberator .380” in 2012 and put the plans online, but was blocked by the federal government. Wilson sued, and under a settlement he reached with the U.S. State Department, his company can begin releasing computer files for printable guns beginning on August 1.
But as explained in today’s court filings, publication of those computer files would still violate New Jersey law.
New Jersey’s public nuisance law provides a cause of action to hold firearm manufacturers accountable – and to enjoin imminent violations of the law – when their plans would facilitate the illegal sale of weapons to criminals and other prohibited users, and when the manufacturer has done too little to prevent that illegal market from developing.
On Sunday, July 29, 2018, Defense Distributed and the Second Amendment Foundation, a gun rights organization, sued Attorney General Grewal in federal district court in Austin, Texas, seeking to prevent Attorney General Grewal from preventing the publication of the company’s computer files on its website, known as “DEFCAD.” The same day, Wilson claimed that he had taken steps to prevent the distribution of those files in New Jersey, posting on his personal Twitter account, “Yes, DEFCAD has been blocked in New Jersey.” However, as noted in New Jersey’s court filings today, the Defense Distributed website remains accessible in New Jersey.
Also today, Attorney General Grewal joined 20 other state attorneys general in a letter criticizing Secretary of State Mike Pompeo and Attorney General Jeff Sessions for settling the federal lawsuit against Defense Distributed and urging them to withdraw from the settlement before the company publishes the computer files later this week.
“For years, and as recently as April 2018, the federal government recognized that these printable-gun computer files would be a threat to United States national security and foreign policy interests,” said Attorney General Grewal. “Although the Secretary of State and Attorney General abruptly switched positions – with no good reason – the threat remains. I’m proud to lead the fight in New Jersey to stop Wilson and Defense Distributed from publishing printable-gun computer files, and I call on the federal government to join us in protecting the safety of our residents and our law enforcement officers.”
July 29,2018
the staff of the Ridgewood blog
Trenton NJ, Attorney General Gurbir S. Grewal announced that a prominent Ocean County attorney who hosted a radio show and taught seminars on elder law pleaded guilty today to stealing millions of dollars from elderly clients of his law firm and laundering the money through various bank accounts, including his attorney trust and business accounts. The victims generally did not have close relatives to guard their interests and in some cases suffered from dementia.
Robert Novy, 66, of Brick, N.J., pleaded guilty today to first-degree money laundering before Superior Court Judge Michael T. Collins in Ocean County. Under the plea agreement, the state will recommend that Novy be sentenced to 10 years in state prison, including three years and four months of parole ineligibility. In pleading guilty, Novy admitted that he stole millions of dollars from law clients. The state’s investigation revealed that he stole nearly $3 million from at least two dozen victims. Novy is scheduled to be sentenced on Sept. 28.
Novy must pay restitution to his victims out of two funds totaling $4 million that are being created using assets previously seized from him by the state: one fund of $3 million to provide restitution to client victims, heirs, estates and trusts already identified through the state’s investigation, and a second fund of $1 million to provide restitution, with court approval, for others not previously identified who come forward with proof that they were victims of thefts. Novy also must surrender his license to practice law in New Jersey and pay $500,000 to the state as an anti-money laundering profiteering penalty.
Deputy Attorneys General Peter Gallagher and William Conlow prosecuted Novy and took the guilty plea for the Division of Criminal Justice Financial & Computer Crimes Bureau. The guilty plea is the result of an investigation by the Division of Criminal Justice Financial & Computer Crimes Bureau, assisted by the New Jersey Division of Taxation Office of Criminal Investigation.
As an expert in elder law, Novy hosted a bi-monthly radio program “Inside the Law,” focusing on topics of concern to senior citizens. He was arrested on Oct. 18, 2016. Detectives executed a search warrant at the time at his firm, Novy & Associates, on Ridgeway Avenue in Manchester, seizing billing records and other evidence. The Attorney General’s Office obtained court orders freezing over $4 million in assets held by Novy and his firm and appointing a trustee to oversee the firm’s business operations.
“By exploiting elderly clients and stealing their life savings, Novy sank to the lowest levels of greed, dishonesty, and callousness,” said Attorney General Grewal. “This guilty plea serves justice by ensuring that Novy will face a substantial prison sentence and that his victims will receive restitution from assets already seized from him by the Division of Criminal Justice.”
“A fundamental concern in this case was to secure restitution for Novy’s many victims, including his elderly clients and the heirs and beneficiaries who had millions of dollars stolen from them,” said Director Veronica Allende of the Division of Criminal Justice. “Through this guilty plea, we have achieved that goal and have sent a strong message that lawyers and others who hold positions of trust will be held accountable if they betray that trust and steal from those who are vulnerable.”
The case was referred to the Division of Criminal Justice by Ocean County Surrogate Jeffrey W. Moran. Novy also was investigated by the New Jersey Office of Attorney Ethics, which issued an ethics complaint against him on Jan. 26, 2016, and assisted the Division of Criminal Justice.
The investigation revealed that Novy stole funds from elderly and deceased clients who often did not have a close relative to claim their estate or challenge Novy’s actions. He used the stolen funds for his own benefit, paying personal and business expenses. Novy gained control through wills, powers of attorney, and trust documents, making himself the sole financial decision-maker for the clients. When clients had sizeable assets in the form of an annuity or life insurance policy, Novy directed insurance companies to redeem the policies and send the money directly to him. In some cases, when challenged by trustees or relatives about particular funds that had been withdrawn from client accounts, Novy claimed they were “administrative errors” and repaid the funds.
The Division of Criminal Justice obtained a state grand jury indictment on April 30, 2018 charging that Novy engaged in three different schemes by which he stole funds from clients:
Novy was charged with money laundering because he engaged in transactions involving the stolen funds and the various accounts – primarily his attorney trust accounts and/or attorney business accounts – by which he concealed the source of the stolen funds and used them to promote his criminal activities.
Deputy Attorneys General Gallagher and Conlow prosecuted the case for the Division of Criminal Justice Financial & Computer Crimes Bureau under the supervision of Deputy Bureau Chief Mark Kurzawa and Deputy Division Director Christine Hoffman. The case was investigated by Detective Michael Arduini, Detective Michael Woods, Lt. Anne Hayes, Investigator Jordan Thompson, Investigator Wayne Cummings and Analyst Terri Drumm. Deputy Attorney General Derek Miller and Investigator Debra Maiorano handled the state’s forfeiture action. Attorney General Grewal thanked the Ocean County Surrogate, the New Jersey Office of Attorney Ethics and the Division of Taxation Office of Criminal Investigation for their valuable assistance in the investigation. Special Agents Mike Mullane and Will Makar investigated for the Division of Taxation Office of Criminal Investigation.
Persons, relatives, heirs, estates or trusts who believe they are victims of Novy and can offer proof of damages should write to Deputy Attorney General Kara R. Webster in the State Office of Victim Witness Advocacy at [email protected], or if they do not have email access, phone (609) 376-2444.
July 28,2018
the staff of the Ridgewood blog
Trenton NJ, Attorney General Gurbir S. Grewal today named the members of a working group of criminal justice stakeholders that will review the scope and appropriate use of prosecutorial discretion in marijuana-related and other offenses in municipal court, as well as other issues relating to the role of municipal prosecutors.
The 20-member working group will represent prosecutors from the state, county, and municipal levels; defense attorneys; police; civil rights organizations; and other community leaders. This broad spectrum of stakeholders reflects the collaborative approach that Attorney General Grewal has taken with respect to all policy initiatives he has spearheaded during his tenure.
The Attorney General first announced that he would convene a working group to study and advise him on the scope of municipal prosecutors’ discretionary authority in a letter issued earlier this week. The Attorney General will consider the working group’s advice when he prepares a directive—expected in August—that will provide guidance about the scope and appropriate use of prosecutorial discretion in marijuana-related cases in municipal court.
In creating the working group, the Attorney General is taking action to respond to recent developments that raise concerns about quality of justice being administered in New Jersey’s municipal courts. First, last week, a New Jersey Supreme Court committee released a report that makes a series of recommendations for policy changes and legislative proposals aimed at promoting the fair administration of justice in municipal courts. Also last week, the Attorney General issued a letter addressing the proper scope of municipal prosecutors’ discretion in marijuana-related cases and invalidating a memorandum issued by a municipal prosecutor who purported to decriminalize marijuana.
“I look forward to hearing from this working group about how we can improve the equal, impartial, and uniform administration of justice in our municipal courts,” said Attorney General Grewal. “Every day, my Department works with criminal justice stakeholders to build trust between law enforcement and the communities they serve. This working group will review how the municipal prosecutors under my supervision can contribute responsibly to the progressive solutions we are seeking.”
“Chief Justice Rabner has called on New Jersey’s municipal courts to adhere to the Judiciary’s high standards of integrity, independence, and fairness, without regard to any outside pressures,” Attorney General Grewal noted. “The working group that we are establishing today will kick start a parallel review of the scope and appropriate use of prosecutorial discretion in municipal court, including in prosecutions of marijuana offenses.”
The members of the new working group will include:
Veronica Allende, Director of the Division of Criminal Justice within the Department of Law and Public Safety, who will chair working group;
Matthew Berns, Counsel to the Attorney General;
Richard T. Burke, Warren County Prosecutor;
Pat Colligan, President of the New Jersey State Policemen’s Benevolent Association;
Claudia DeMitro, Deputy Attorney General, Department of Law and Public Safety, Division of Criminal Justice;
Annette DePalma, President of the New Jersey State Municipal Prosecutors’ Association;
Stephan Finkel, Director of Legislative Affairs for the Department of Law and Public Safety;
Charles Fiore, Gloucester County Prosecutor;
W. Reed Gusciora, Mayor of Trenton;
Jake Hudnut, Chief Municipal Prosecutor for the City of Jersey City;
Van Lane, Deputy Public Defender for the Monmouth Trial Region;
Robyn B. Mitchell, Deputy Attorney General, Department of Law and Public Safety, Division of Criminal Justice;
Jiles H. Ship, New Jersey Police Training Commissioner and Past President of the National Organization of Black Law Enforcement Executives (NOBLE) and
Commissioner of the Law Enforcement Action Partnership (LEAP);
Ahmad Rasool, Municipal Prosecutor for the City of Newark (or a designee);
Amol Sinha, Executive Director of the ACLU of New Jersey (or a designee);
Richard T. Smith, President of the New Jersey State Conference of the NAACP;
Steven A. Somogyi, Assistant Director for the Municipal Court Services Division of the New Jersey Judiciary;
Sherry Stembridge, Assistant Essex County Prosecutor;
Esther Suarez, Hudson County Prosecutor;
John Zebrowski, Chief of Police, Sayreville Police Department.
The working group may offer recommendations to the Attorney General on issues including the proper scope of municipal prosecutors’ discretionary authority, in general and with regard to marijuana offenses in particular; the manner in which chief municipal prosecutors exercise their authority over other municipal prosecutors, subject to the supervisory authority of the county prosecutors and Attorney General; and the ethics, integrity, and independence of municipal prosecutors from improper outside influence.
Earlier this week, Attorney General Grewal asked all municipal prosecutors in New Jersey to pause marijuana-related prosecutions in municipal court until September 4, 2018, while the Office of the Attorney General solicits advice from the working group and develops statewide guidance. The Attorney General’s directive from earlier this week does not affect law enforcement officers’ authority to make marijuana-related arrests or County Prosecutors’ authority to prosecute marijuana-related offenses in Superior Court. The Attorney General’s forthcoming directive will address how marijuana-related prosecutions may proceed in municipal court after September 4, 2018.
While the working group will advise the Attorney General on municipal court prosecutions of marijuana-related offenses—in time for the Attorney General to issue his directive in August—the working group may offer advice on other topics, to inform longer-term, progressive reforms concerning the role of municipal prosecutors.
