TRENTON – Acting Attorney General John J. Hoffman announced that a former teacher in the Piscataway School District pleaded guilty today to stealing nearly $249,000 by fraudulently collecting a disability pension from the State of New Jersey while he was teaching in other states.

John A. Brishcar, 59, of Front Royal, Virginia, pleaded guilty today to a charge of second-degree theft by deception before Superior Court Judge Timothy P. Lydon in Mercer County.  Brishcar was charged in 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 and Benefits. Under the plea agreement, the state will recommend that Brishcar be sentenced to three years in state prison.  He must pay full restitution of $248,960 and is permanently barred from public employment in New Jersey.

In pleading guilty, Brischar admitted that he deliberately deceived the Division of Pensions and Benefits by submitting an application for disability retirement that created the false impression that he was incapacitated for further service as a teacher, when in fact he was working as a substitute teacher in West Virginia and later worked as a full-time teacher in Virginia. Deputy Attorney General Mallory Shanahan prosecuted Brischar and took the guilty plea for the Division of Criminal Justice Corruption Bureau. Judge Lydon scheduled sentencing for Brishcar for April 10.

“We’re seeking a prison sentence for Brishcar, whose fraudulent conduct was particularly egregious, continuing for a decade and involving nearly a quarter of a million dollars in stolen pension funds,” said Acting Attorney General Hoffman. “This type of financial fraud, which impacts all of us, especially legitimate pensioners who rely upon these funds, is exactly where our attention should be devoted.”

“It’s unconscionable that this teacher lied about his condition so he could collect a state disability pension at the same time that he was receiving a full-time salary in another state,” said Director Elie Honig of the Division of Criminal Justice. “We’ll continue to work closely with the Division of Pensions and Benefits to root out this type of fraud.”

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. As a result of the application, Brishcar received monthly disability payments from the State of New Jersey totaling $248,960.

The state investigation began when the New Jersey Division of Pensions and Benefits learned that Brishcar was working full-time as a teacher in Virginia while collecting his disability pension. 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. Brishcar currently is suspended from his job in Virginia. By concealing his employment, Brischar fraudulently collected disability pension payments from the State of New Jersey that he was not entitled to receive.

Deputy Attorney General 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, Detective Kiersten Pentony and Sgt. Jim Scott. Acting Attorney General Hoffman thanked the Pension Fraud & Abuse Unit of the Division of Pensions for their referral and valuable assistance.

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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