Jersey Journal
March 23, 2005
By Michaelangelo Conte
Corrupt pol seeks to avoid jail; feds ask for reduced sentence
Federal prosecutors are asking that disgraced former Hudson County Executive Robert Janiszewski get a break at his sentencing tomorrow, and Janiszewski's attorney is seeking home confinement only.
Federal officials say the sentencing of the county's most notorious informant will bring a close to the probe that has netted six people on corruption charges. One defendant brought down with Janiszewski's help is currently cooperating with investigators, suggesting more indictments may be forthcoming.
"For all intents and purposes the case is done, but we don't ever close the door," said Michael Drewniak, a spokesman for U.S. Attorney Christopher Christie.
Janiszewski faces a sentence of between 33 and 41 months in prison, but the U.S. Attorney's Office is asking that U.S. District Judge Joel Pisano sentence him to less than the lower end of that range because of his cooperation.
Janiszewski's attorney, Bruce Goldstein, filed a 15-page memo with Pisano a week ago, citing numerous rationales for reducing his client's sentence to exclude jail time. Also filed were 49 pages of letters in support of Janiszewski.
Goldstein cites numerous reasons why the sentence should be reduced, and concludes by saying "in light of Mr. Janiszewski's extraordinary public service and unparalleled level of cooperation (with federal authorities), the court should impose a sentence of home confinement followed by an extended term of probation."
Assistant U.S. Attorney Phillip Kwon asked for a reduced sentence based on Janiszewski's cooperation, the usefulness of his assistance, the truthfulness of the information he provided, and the danger to himself or his family as a result of cooperating.
Janiszewski's roughly yearlong cooperation suddenly ended and he resigned his office and went into hiding in September 2001, apparently as a result death threats.
Other reasons cited by Goldstein for a reduced sentence include Janiszewski's tenure as county executive, his years as a teacher, legislator and educational consultant, and work in education, housing, substance abuse, AIDS and elderly care.
It also notes that Janiszewski turned over $95,900 in illegally obtained money.
Finally, Goldstein notes Janiszewski's monthly pension and health benefits were suspended in July 2003. He also says that after sentencing the state pension board may conclude that Janiszewski has been overpaid pension benefits, resulting in a claim against him of $85,000 to $100,000.
He also says the state may seek to reduce or revoke his pension, but said Janiszewski would fight that.
On Oct. 3, 2002, Janiszewski pleaded guilty to extortion and tax evasion, admitting that he took bribes from Union City psychiatrist Dr. Oscar Sandoval for his help renewing the doctor's contracts to provide psychiatric services at the county jail.
He also admitted taking more than $100,000 in bribes during his time as county executive, from 1988 to 2001, including the illegal payments from Sandoval, which were passed to him by then-Hudson County Freeholder Nidia Davila-Colon.
As part of his plea agreement, Janiszewski cooperated with investigators and the sentencing range of 33 to 41 months was agreed to.
While cooperating from December 2000 to August 2001, Janiszewski made numerous video and audio recordings of his interaction with FBI "subjects" and agreed to have his home, car and cell phone wired, according to the government's letter to Pisano.
The compilation of 52 audio recorded meetings and 11 video recorded meetings were used to bring down five others, including two who cooperated with the government.
As a result, Hoboken-based developer Joseph Barry was sentenced to 25 months in prison for making payoffs to Janiszewski.
Janiszewski also helped build a case against his longtime friend Paul Byrne, who pleaded guilty to participating in extortion and will be sentenced on April 6. Davila-Colon was convicted of aiding and abetting extortion and is serving a 30-month sentence.
Hoboken accountant Gerard Lisa pleaded guilty to making corrupt payments to Janiszewski and he awaits sentencing. Lisa's cooperation led to recordings of former Hoboken Mayor Anthony Russo, who also pleaded guilty to corruption charges. Russo's sentencing is scheduled for May 24.
Finally, Janiszewski helped build a case against Charles Fallon, who pleaded guilty to making illegal payoffs to Janiszewski and to helping him file a false tax return. Fallon is cooperating with federal investigators and that investigation is ongoing.
Janiszewski's sentencing will be in Pisano's Newark courtroom at 10:30 a.m. tomorrow.
