John A. Brishcar, 58, of Front Royal, Virginia, was indicted yesterday by a state grand jury on a charge of second-degree theft by deception. The charge stems from an investigation by the Division of Criminal Justice Corruption Bureau, which resulted from a referral by the Pension Fraud & Abuse Unit in the New Jersey Division of Pensions.

Brishcar formerly was employed as a middle school science teacher by the Piscataway Board of Education. In 2003, he submitted an application for disability retirement claiming that he was incapacitated for further service as a teacher due to “prolonged stress and chronic back pain.” The application was approved in 2004, with an effective date of Sept. 1, 2003, based on medical records submitted by Brishcar and an independent medical examination. Since approval of the application, Brishcar has received monthly disability payments from the State of New Jersey totaling $245,130.

The state investigation began when the New Jersey Division of Pensions and Benefits recently learned that Brishcar had been working full-time as a teacher in Virginia while collecting his disability pension. It is alleged that Brishcar began substitute teaching in West Virginia prior to his application for disability benefits in New Jersey, working 105 days during the 2003-2004 school year. He continued to substitute teach until September 2005, when he accepted a full-time teaching position in Virginia, which he continues to hold. It is alleged that by concealing his employment, Brischar fraudulently collected disability pension payments from the State of New Jersey that he was not entitled to receive.

“We charge that this teacher fraudulently and selfishly collected hundreds of thousands of dollars in disability pension payments on top of a full-time salary,” said Acting Attorney General Hoffman. “For anyone – let alone a teacher – to engage in this alleged conduct, which drained away assets needed to pay legitimate pensions, is completely unconscionable.”

“We will continue to work closely with the Division of Pensions and Benefits to safeguard the state’s pension funds against this type of fraud, which is very costly, as this case illustrates,” said Director Elie Honig of the Division of Criminal Justice. “We urge anyone with information about pension fraud to contact us confidentially so that we can hold those involved accountable.”

Deputy Attorney General Mallory Shanahan presented the case to the state grand jury for the Division of Criminal Justice Corruption Bureau. The case was investigated for the Division of Criminal Justice by Detective Matthew Burd and Detective Kiersten Pentony. Acting Attorney General Hoffman thanked the Pension Fraud & Abuse Unit of the Division of Pensions for their referral.

Second-degree crimes carry a sentence of five to 10 years in state prison and a fine of up to $150,000. The indictment is merely an accusation and the defendant is presumed innocent until proven guilty.

The indictment was handed up to Superior Court Judge Gerald J. Council in Mercer County, where Brishcar will be ordered to appear in court at a later date for arraignment.

Acting Attorney General Hoffman and Director Honig noted that the Division of Criminal Justice has established a toll-free tip line 1-866-TIPS-4CJ for the public to confidentially report corruption, financial crime and other illegal activities. The public can also log on to the Division’s webpage at www.njdcj.org to report suspected wrongdoing.

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