New Jersey – After The Big Sting, The Big Guns are Hired

New Jersey – Not long after Hoboken Mayor Peter Cammarano was arrested on corruption charges, he reached out to Joseph Hayden Jr., a former prosecutor and one of the state’s top criminal defense attorneys.

When the name of Joseph Doria surfaced in the same ongoing federal corruption and money-laundering investigation, the state Community Affairs commissioner — who has not even been accused of a crime — abruptly resigned and retained John Azzarello of Chatham, a one-time Assistant U.S. Attorney and one-time counsel to the 9/11 commission.

And famed New York lawyer Gerald L. Shargel, a tough litigator who defended mob boss John Gotti, was brought in last week to help represent Orthodox Rabbi Saul Kassin, the 87-year-old spiritual leader of the Syrian Jewish community accused of laundering $200,000 through his associated charities.

The broad series of charges against 44 individuals including three mayors, two state legislators, more than a dozen appointed offices, and five rabbis — has begun pulling in some of the state’s top legal talent.

From the very first afternoon when the initial group of defendants began appearing in shackles in federal court in Newark not three weeks ago, many were already being accompanied by some of the state’s most well-known lawyers, a fact not lost on observers like former New Jersey Attorney General Peter Harvey, who stopped to see what was going on.

“I saw all this talent coming up here and into this courtroom, I had to find out what was going on,” he said, suggesting it looked like a gathering of the Who’s Who of New Jersey’s legal community.

Call them big guns or the “go-to” guys, they are the ones who always seem to be on the short list of those to call when one is in serious legal jeopardy.

Among those already in the case are Justin P. Walder, representing Rabbi Edmund Nahum, one of the money-laundering defendants; Henry Klingeman, a former federal prosecutor representing Jersey City political operative Joseph Cardwell; Michael Critchley, representing Ridgefield Mayor Anthony Suarez; and Brian Neary, who represents Jersey City Deputy Mayor Leona Beldini.

Several were reluctant to talk publicly about why they get called so often.

“It’s like asking about the biggest fish someone caught,” one demurred.

Hayden, who defended former NBA star Jayson Williams on manslaughter charges, was also reticent. “It sounds presumptuous to talk about it,” he said, noting only that both he and Walder have been trying cases for over 40 years and have “a considerable amount of expertise as both prosecutors and defense lawyers.”

Shargel’s website, quoting a New Yorker profile, proclaims: “Gerald Shargel is considered one of the most brilliant criminal defense attorneys in America “¦” Still, he was far more reserved when reached by phone.

“Honestly, it’s for other people to say, not me,” he replied, when asked why he gets the call so often.

A small circle

But John Farmer Jr., dean of Rutgers Law School and the former New Jersey attorney general, said it is not at all surprising to always see the same names in so many of the major federal cases.

“There’s a relatively small circle of lawyers who do federal criminal defense work,” he explained. “It can be an arcane field. Most lawyers understand federal practice is different, and those who haven’t done it will often shy away and refer it to those who do.”

For example, the discovery rules — which mandate what defense attorneys can see of the evidence and witness statements before trial — are different. The cases are also typically developed over a much longer period of time, making it more difficult to convince a jury of reasonable doubt.

“They are hard cases and the obvious names are all fantastic lawyers who are very good at winning close arguments,” Farmer said. “You can’t survive in that world where the odds are so stacked against you if you’re not a really good lawyer.”

They will also be facing some of the top people in the U.S. Attorney’s Office. The case is being directed by Brian Howe, deputy chief of the Special Prosecutions Division; he is teamed with Assistant U.S. Attorneys Mark McCarren, Sandra Moser and Maureen Nakly, all of the Special Prosecutions Division, and David Bocian, the second-in-command and public corruption prosecutor in the U.S. Attorney’s Trenton office.

Gerald Krovatin, who defended former state Sen. Joseph Coniglio (D-Bergen) in a corruption case earlier this year, said federal matters are often far more complex than those in the state courts.

“The trial of these cases is more difficult,” explained Krovatin, who is not representing any of the 44 currently facing charges.

The far-ranging corruption case that broke open just two weeks ago will be particularly difficult for the defense before it even begins, Farmer suggested, because the continuing series of federal corruption prosecutions that has swept the state has the public convinced that most of those arrested are guilty.

“There is no presumption of innocence anymore,” the law school dean said. “It’s a major issue.”

The latest case has been called one of the biggest federal sting operations to hit New Jersey. The two-tier investigation targeted politicians and public officials accused of taking bribes. Separately, religious leaders and others were charged in an international money-laundering scheme. And one man was charged with brokering black market kidney transplants.

All the charges were tied together through a single FBI informant, Solomon Dwek, a failed Monmouth County developer facing trial in a $50 million bank fraud. He allegedly lured politicians with payoffs and cash campaign contributions to facilitate purported development deals.

According to the criminal complaints, he also laundered more than $3 million in money he claimed to be hiding from his creditors in bankruptcy court, doing so by writing large checks to charitable organizations associated with the rabbis. Dwek would receive the money back in cash, in exchange for a 10 to 15 percent cut of the transaction.

With the case still in the early stages, the players may yet change. Some attorneys concede privately they were asked to provide representation only for the initial court appearances and will not likely remain on board for the long haul.

Clients and attorneys also do not always match well. And those defendants who opt for trial may seek a lawyer with a stronger trial background.

steep price to pay

At the same time, federal criminal defense work does not come cheap, and many of the public officials who were arrested have already lost their jobs and may have little in the way of resources. That became an issue during the trial of former Newark Mayor Sharpe James two years ago, when Raymond M. Brown of Greenbaum, Rowe, Smith & Davis, who represented James after he was indicted, asked to be removed from the case.

“Sharpe James has advised me “¦ that his personal funds will not be able to meet the projected budget for the hiring of this law firm,” Brown stated in an affidavit. “Continued discussions of this matter have the capacity to erode the lawyer-client relationship and to interfere with providing effective assistance of counsel.”

Within hours, James retained Thomas Ashley, another highly regarded defense attorney, to replace the firm.

Farmer said the cost of defense is always a consideration.

“One of the hard parts of doing criminal defense work is being sure you are getting paid,” he noted. “Experience shows once the case is over, the incentive to pay pretty much evaporates.”

Still, Maria D. Noto of Matawan, former president of the New Jersey Association of Criminal Defense Lawyers, said do not assume that those facing charges do not have resources to pay for their defense.

“When people are being charged with a criminal offense, it’s like getting hit with a diagnosis that you have a life-threatening illness. They are going to talk to their family and friends and do whatever they can do to get the best possible care,” said Noto, whose practice includes federal defense work.

“They’re probably terrified and will tap into any resources they have — pensions, savings, 401(k)s, whatever.”