http://www.njherald.com/story/16966481/former-sparta-mayor-indicted-on-misconduct-charges
February 18, 2012
TRENTON (AP) — A suspended police captain for a New Jersey state agency, who is a former Sparta mayor and councilman, has been accused of filing fraudulent timesheets — going on ski trips, gambling in Atlantic City and performing personal consulting work while claiming he was working.
A nine-count indictment handed up Friday in state court in Trenton against Brian Brady, 50, also accuses him of using a state vehicle,state gas card and state-issued E-ZPass on some of the personal trips.
Brady was suspended from his $101,000-a-year job with the New Jersey Human Services Police when charges were first brought in May. He has denied any wrongdoing.
He is also accused of falsely claiming he had re-qualified for firearm use and of wrongly using police databases for personal reasons. Charges include official misconduct and theft by deception.
Brady was charged in a nine-count state grand jury indictment with three counts of official second-degree misconduct. one count of pattern of official misconduct, second-degree; one count of theft by deception (third-degree), two counts of tampering with public records or information (third- degree), and two counts of computer theft (second and third- degree). If convicted, he would face a sentence of five to 10 years in prison on each official misconduct charge, including five years without possibility of parole, and a consecutive sentence on the pattern of official misconduct charge. The charges stem from an investigation by the Division of Criminal Justice Corruption Bureau and New Jersey Department of Human Services.
Brady is the third highest ranking officer in the Human Services Police, reporting to the chief and the director. The Human Services Police provide police services at the developmental centers and psychiatric hospitals operated by the Department of Human Services (DHS). They are also assigned to protect offices and case workers for the Division of Youth and Family Services. The Department of Human Services immediately suspended Brady when he was charged by complaint in the case in May.
"It is deeply troubling that a police supervisor, who has a sworn duty to uphold the law, is instead charged in this indictment with violating the public's trust through multiple criminal acts of dishonesty and theft or abuse of police resources," said Attorney General Chiesa in a released statement. "By aggressively prosecuting official misconduct, we will deliver a loud and clear message that nobody is above the law."
"This captain allegedly falsified timesheets in order to collect pay as if on duty for days when he was away on vacation or traveling for personal business," said Stephen J. Taylor, Director of the Division of Criminal Justice, also in a released statement."On top of that, he allegedly used a police vehicle and state-funded gas for those personal trips. We will not tolerate that type of abuse of public office."
In connection with the first count of official misconduct, it is alleged between March 2007 and October 2010, Brady took blocks of personal time without submitting documentation for the appropriate leave time. Instead, Brady, whose annual salary is $101,000, allegedly submitted false time sheets indicating he had worked on days when he was away on personal trips, including ski trips to Vermont, trips to New York for his personal consulting business, and visits to Atlantic City and Delaware to gamble. On some of these personal trips, including travel outside of the State of New Jersey, he allegedly used a state vehicle and a state-issued E-Z Pass, and purchased gas using a state gas card.
Brady was the officer for the Human Services Police who submitted required certifications each year to the Attorney General's Office on force members' firearms qualifications. The second count of official misconduct charges that Brady submitted four annual certifications for the years 2006, 2007, 2008 and 2009 that falsely stated he had completed required activities at a firing range to re-qualify in use of his service firearm, when he had not completed the requirements.
In connection with the third count of official misconduct, it is alleged that Brady directed a subordinate employee of the Human Services Police to conduct background checks on members of a minor league baseball team using a restricted police database. It is further alleged that he directed subordinate officers to use the police database to run background checks on a home health care worker he was considering hiring and a vehicle he wanted to buy. The police database is to be used strictly for criminal justice purposes and not for personal purposes.
Brady is charged with third-degree theft by deception for allegedly falsifying the timesheets and using the state vehicle, EZ-Pass and gas card for personal purposes. The two counts of third-degree tampering with public records or information address his alleged falsification of the timesheets and the firearms certifications. The computer theft counts relate to his alleged unauthorized use of the police database for personal purposes.
The case was presented to the state grand jury by Deputy Attorney General Mark J. Ondris and Deputy Attorney General Cynthia Vazquez. The investigation was conducted and coordinated by Detective Lee Bailey, DAG Ondris, DAG Vazquez, DAG Nicole Rizzolo, and Supervising Deputy Attorney General Christine Hoffman, Chief of the Division of Criminal Justice Corruption Bureau, with the full cooperation and participation of Human Services officials.
Second-degree crimes carry a sentence of five to 10 years in state prison and a criminal fine of up to $150,000. Each of the second-degree charges carry a mandatory minimum sentence of five years in prison without parole under New Jersey's statutory sentencing enhancements for public corruption. The mandatory minimum sentence applies to certain listed offenses occurring on or after April 14, 2007 that involve or touch upon the defendant's public office. Third-degree charges carry a sentence of three to five years in state prison and a fine of up to $15,000.
The indictment was handed up to Superior Court Judge Linda R. Feinberg, in Mercer County, who assigned the case to Mercer County.
