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ATTORNEY
GENERAL FILES CRIMINAL CHARGES AGAINST FORMER COMMERCE COMMISSION
OFFICIAL & FAMILY MEMBERS AS PART OF ONGOING CORRUPTION PROBE
Special Prosecutions Bureau Target Public Corruption
Public Encouraged To Report Corruption To Criminal Justice
Tip Line at: 1-866-TIPS-4CJ or www.njdcj.org
Trenton, N.J. - New Jersey Attorney General Peter
C. Harvey today announced that an ongoing investigation by
the Attorney General's Special Prosecutions Bureau targeting
public corruption in the cabinet-level office of the New Jersey
Commerce & Economic Growth Commission has resulted in the
indictment of the Commission's former Chief-of-Staff and two
family members hired as "consultants" on charges that include
official misconduct, theft and covering-up the alleged illegal
acts.
"This indictment charges the former Chief-of-Staff at the
Commerce Commission of using her position of authority to
hire family members as special "consultants," to conduct personal
business for her legal practice, of using public resources
for her own benefit and enrichment, and of then covering-up
the illegal conduct to thwart the Attorney General's investigation"
said Attorney General Harvey. "This investigation and prosecution
uncovered a gross example of corruption that revealed a pattern
of alleged illegal activity by a senior public official who
was more concerned about personal enrichment than the interests
of New Jersey taxpayers."
Joining the Attorney General to announce the State Grand
Jury indictment were Vaughn L. McKoy, Director, Division of
Criminal Justice, Colonel Rick Fuentes, Superintendent, New
Jersey State Police, and representatives from the Attorney
General's Office Special Prosecutions Bureau.
The State Grand Jury indictment charged Lesly Devereaux,
46, Azelea Place, Piscataway, Middlesex County, Lillian Harper
(Devereaux's mother), 65, Everton Place, Riverside CA, and
Candace Harper (Devereaux's sister), 42, Lake Woodard Drive,
Raleigh, NC, with corruption-related charges. Specifically,
the indictment charges Devereaux with criminal conspiracy
to commit official misconduct (2nd degree), four counts of
official misconduct (2nd degree), pattern of official misconduct
(2nd degree), three counts of misapplication of entrusted
property (3rd degree), theft by unlawful taking (3rd degree),
two counts of tampering with public records or information
(3rd degree), two counts of falsifying or tampering with records,
and two counts of engaging in unlawful business transactions
while performing official duties (4th degree). Lillian Harper
is charged with criminal conspiracy to commit official misconduct
(2nd degree), official misconduct (2nd degree), misapplication
of entrusted property (3rd degree), and engaging in unlawful
business transactions while performing official duties (4th
degree). Candace Harper is charged with criminal conspiracy
to commit official misconduct (2nd degree), two counts of
official misconduct (2nd degree), misapplication of entrusted
property (3rd degree), tampering with public records or information
(3rd degree), falsifying or tampering with records, and engaging
in unlawful business transactions while performing official
duties (4th degree). If convicted, the defendants face up
to ten years in state prison and a fine of up to $150,000
on each of the second degree counts, up to five years incarceration
and a fine of up to $15,000 on each of the third degree charges,
and up to 18 months in state prison and a fine of up to $10,000
on each of the fourth degree charges.
According to Criminal Justice Director McKoy, the Special
Prosecutions Bureau investigation determined that in February,
2004, the Office of the State Auditor, which reports to the
Office of Legislative Services (OLS), began an audit at the
Commerce and Economic Development Commission. The auditors
were repeatedly rebuffed in their request for Commerce Commission
books and records and were advised that any and all requests
for documents were to be submitted in writing and to flow
through Chief-of-Staff Devereaux. In April, 2004, state auditors
contacted the Division of Criminal Justice to request a criminal
investigation. As a result of the eight-month criminal investigation,
the State Grand Jury returned a 16-Count indictment charging
Devereaux with using her official position to benefit herself
and family members.
The State Grand Jury indictment alleges that from October,
2003 through June, 2004, Devereaux, as Chief-of-Staff and
Vice-President of Operations for the New Jersey Commerce and
Economic Growth Commission, utilized her state government
position to benefit herself and several family members, including
the hiring of Lillian Harper (mother) and Candace Harper (sister)
as outside "consultants." The investigation determined that
Candace Harper, while living in North Carolina, was paid $9,250
for consulting work to purportedly review vendor files and
to develop a database of vendors for use by the Commission.
It is charged in the indictment that the responsibilities
assigned to Candace Harper were minimal and that any work
actually performed by Candace Harper could have been completed
in a relatively short period of time compared to that for
which she was paid under the purported contract. The investigation
determined that nine Commerce Commission checks were issued
to Candace Harper – two of the checks were endorsed, signed
and cashed by Devereaux and four were co-endorsed and cashed
by Devereaux.
The Special Prosecutions Bureau investigation determined
that Lillian Harper (mother) was paid $2,275 as an independent
consultant to proof read two Commerce Commission publications
which had already been reviewed, edited and published by Commerce
Commission staff. While no changes to the publications can
be attributed to Lillian Harper's proof reading responsibilities,
Harper was none-the-less paid public funds to perform non-existent
services.
The indictment also alleges that in response to the OLS audit,
Devereaux directed the creation of official documents authenticating
the hiring of family members and the payment of public funds.
As part of the attempt to cover-up the purported illegal acts,
the indictment charges that Devereaux created and/or back-dated
proposals and employment contracts for both Lillian and Candace
Harper, payment vouchers, and other official documents.
Deputy Attorney's General Anthony Picione and Robert Czepiel
of the Division of Criminal Justice - Special Prosecutions
Bureau coordinated the prosecution and presented the case
to the State Grand Jury. New Jersey State Police DSG Myles
Cappiello, assigned to the Special Prosecutions Bureau, coordinated
the ongoing investigation, along with Division of Criminal
Justice State Investigator's Kiersten Pentony, Edward Augustyn,
and Anthony Luyber. Additional investigative assistance was
provided by the Division of Criminal Justice Computer Analysis
& Technology Unit and state auditors from the Office of Legislative
Services.
The indictment was handed up to Mercer County Superior Court
Judge Maria Marinari Sypek on Dec. 6. The case is assigned
to the Mercer County Superior Court for trial. The defendants
will be issued a complaint summons requiring them to appear
in Mercer County Superior Court for arraignment and bail.
In announcing the indictment, Attorney General Harvey noted
that the Division of Criminal Justice - Special Prosecution
Bureau has established a toll-free "Corruption Tipline" for
the public to report corruption, financial crime, and other
illegal activities. The statewide "Corruption TipLine" is:
1-866-TIPS-4CJ. Additionally, the public can log-on
to the Division of Criminal Justice Web Page at www.njdcj.org
to electronically report suspected wrongdoing. All information
received via the Division of Criminal Justice "Corruption
TipLine" will remain confidential.
A copy of the State Grand Jury indictment is available via
the Division of Criminal Justice Web Page at www.njdcj.org.
The defendants are presumed innocent of the charges unless
or until proven guilty in a court of law.
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