TRENTON
– Attorney General Peter C. Harvey
today announced charges against a former
Somerset County school construction contractor
with allegedly embezzling nearly $1 million
of public funds from six subcontractors
for work performed for the Edison Township
Board of Education. The charges were investigated
by the Office of Government Integrity.
“Our
office continues to aggressively investigate
persons and companies who steal from school
districts and others involved in public
works contracts for school construction
projects,” said Attorney General
Harvey. “We will continue to protect
school districts and hard working subcontractors,
including their employees, from unscrupulous
businessmen.”
According
to John Kennedy, Director of the Office
of Government Integrity, a State Grand
Jury indictment charged Manny Bana, 38,
the former sole owner and operator of
Icon Construction Corporation of Somerville,
formerly of Roselle Park and currently
residing in Hollywood, Florida, with four
counts of second degree false contract
payment claims for government contracts,
four counts of second degree false contract
representation for a government contract,
second degree theft by failure to make
required disposition, and second degree
misapplication of entrusted property.
Bana was also charged with second degree
misconduct by a corporate official. If
convicted, he faces up to 20 years in
jail. Icon Construction Corporation was
indicted for the same charges.
“We
are committed to uncovering and prosecuting
thefts and frauds in the State’s
school construction program,” Kennedy
said. This indictment sends a strong message
to anyone who violates the public’s
trust.”
According
to Attorney General Harvey, on December
19, 2002, Icon Construction Corporation,
as prime contractor, was awarded two contracts
totaling more than $7 million dollars,
funded in part by the New Jersey Schools
Construction Corporation, to perform work
at nine schools in the Edison school district.
Icon Construction subcontracted out portions
of the work. The indictment alleges that
Bana received payment from the school
district for work performed by six subcontractors,
but failed to pay the subcontractors.
Subsequently, one subcontractor filed
for a Chapter 11 bankruptcy.
On
March 19, 2004, Bana and the corporation
were debarred by the New Jersey Schools
Construction Corporation and the Division
of Property Management and Construction
from receiving public works contracts
in New Jersey.
OGI
State Investigators Kim Husband, Special
Investigator Lee Wittig and Deputy Attorney
General Ronald Epstein were assigned to
the investigation. DAG Epstein represented
the OGI before the State Grand Jury. The
State Commission of Investigation assisted
the investigation.
The
subcontractors impacted by the theft were:
Three Generations Plumbing & Heating,
Inc. of Morris Plains; Weir Welding Company,
Inc. of Carlstadt; DPR Electric, Inc.
of Bound Brook; Brittashan Enterprises
of Franklin; M&R Mechanical Contractors,
Inc. of Highlands and WHL Enterprises,
Inc. trading as Bill Leary Air Conditioning
& Heating.
The defendants are presumed innocent of
the charges unless and until proven guilty
in a court of law.
_ag-ph_update.gif)
