JERSEY CITY — A federal appeals court ruled today that a pair of brothers arrested in New Jersey's massive 2009 corruption sting won't have to face the most serious charges against them, a decision that could lead to the dismissal of similar charges against several other defendants. The ruling by the 3rd U.S. Circuit Court of Appeals represents another...
Former Jersey City councilman and mayoral candidate Louis Manzo, along with his brother, won't have to face the most serious charges brought against him after a 2009 corruption sting.JERSEY CITY — A federal appeals court ruled today that a pair of brothers arrested in New Jersey's massive 2009 corruption sting won't have to face the most serious charges against them, a decision that could lead to the dismissal of similar charges against several other defendants.
The ruling by the 3rd U.S. Circuit Court of Appeals represents another defeat to the government in its prosecution of the cases stemming from the bust. Though about half of the 46 people arrested have pleaded guilty, in recent months two trials ended in acquittals and charges were dropped against another defendant.
Ronald and Louis Manzo were arrested in the sting, but a judge last year dismissed extortion conspiracy charges after they argued that the law applies to public officials and neither of them was in office at the time. The U.S. attorney's office appealed, and today's ruling in Philadelphia affirmed the earlier decision.
"We felt it was an overreaching government prosecution from the beginning, and this decision is a validation of that belief," attorney John Lynch, representing Louis Manzo, said.
The extortion charges were brought under the Hobbs Act, a statute aimed at public officials who accept cash in exchange for influence.
Louis Manzo, a former state assemblyman, ran unsuccessfully for mayor of Jersey City in 2009, and his brother served as a political adviser. They were arrested in July 2009 and charged with taking money from a government informant who posed as a corrupt developer seeking help with building approvals.
The Hobbs Act doesn't require threats to warrant an extortion conspiracy charge; in its words, public officials are prohibited from receiving cash "under color of official right." Extortion conspiracy carries a maximum 20-year prison sentence upon conviction.
The government's attorneys argued before the 3rd Circuit last month that because a defendant wasn't in office merely means he or she can't be charged with extortion, but could be charged with conspiracy because an agreement was made for future payments. Defense attorneys argued that candidates' behavior is already regulated by campaign finance laws.
Despite the number of guilty pleas, the government's record in trials has been mixed: Three defendants have been convicted and two, Ridgefield Mayor Anthony Suarez and former state Assemblyman L. Harvey Smith, were acquitted. The acquittals represented the first defeats in corruption cases for the U.S. attorney's office in New Jersey in more than 10 years.
In addition, charges were dropped in November against another defendant, Richard Greene, who had been accused of passing money from the informant to Smith.
Several cases could be affected by today's ruling, including about a half dozen involving candidates for Jersey City's municipal council. Some of those defendants have already pleaded guilty but had their sentences delayed pending the Manzos' appeal.
"We are reviewing the court's decision to determine our next steps," U.S. Attorney's Office spokeswoman Rebekah Carmichael said.
The Manzos still face bribery and mail fraud charges.
Previous coverage:
• One year later, Louis Manzo fighting back at corruption charges