Category: Red Bank

Man And Girlfriend Charged With Trying To Bribe Sex Assault Victim To Prevent Cooperating In His Prosecution

March 29, 2023

FREEHOLD – A Monmouth County Grand Jury has returned a superseding indictment against a man and his girlfriend for jointly attempting to bribe the victim of a violent sexual assault in order to prevent her from cooperating in his prosecution, Monmouth County Prosecutor Raymond S. Santiago announced Wednesday.  

Kareem Lee, 32, and Erin Logan, 31, both of Keyport, are each charged with second-degree Conspiracy and second-degree Bribery of a Witness. Lee remains additionally charged with first-degree Armed Robbery, first-degree Aggravated Sexual Assault, and two related second-degree weapons offenses.  

Shortly after 2:30 p.m. on Thursday, July 21, 2022, members of the Tinton Falls Police Department were dispatched to a local motel on Route 33. Upon arrival, the victim told officers that she had been sexually assaulted at gunpoint by a man who had entered her room.

An investigation by members of the MCPO Special Victims Bureau and the Tinton Falls Police Department resulted in Lee being identified as a suspect in the case, and he was located and arrested by members of the Red Bank Police Department in Count Basie Park the next day.

Continued investigation revealed that on various dates in October and November 2022, Lee, Logan, and a third party offered a sum of cash to the victim in exchange for a signed and notarized document in which she would state that she did not wish to pursue the case against Lee. Logan was arrested in December 2022.

Investigators are actively seeking additional information about the activities of these defendants. Anyone with information regarding this matter is asked to contact Monmouth County Prosecutor’s Office Detective Dawn Correia at 800-533-7443 or Tinton Falls Police Department Officer Christopher Mills at 732-542-4422.

The case is assigned to Monmouth County Assistant Prosecutor Danielle Zanzuccki, Director of the Special Victims Bureau. Lee and Logan both remain detained at the Monmouth County Correctional Institution (MCCI) pending future court proceedings; he is being represented by Michael Kuhns, Esq., with an office in Lawrence Township, while she is represented by Taylor DiBenedetto, Esq., with an office in New Brunswick.  

Convictions on first-degree criminal charges can be punishable by up to 20 years in state prison, while second-degree crimes can result in terms of up to 10 years.

Despite these charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt, following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and State law.


Community Collaborative Creates Change, Offers Hope for Monmouth County Homeless

March 2, 2023

FREEHOLD, NJ – When Pastor Terrence K. Porter, senior minister of Pilgrim Baptist Church (PBC) of Red Bank spearheaded the church’s original “Warming Center,” the mission was simple: Offer a warm, comfortable shelter to homeless men in Monmouth County on Code Blue nights – when temperatures drop to 32 degrees or below.

The undertaking proved highly successful – it became the “go-to” warming center, serving an average of 21 guests on Code Blue nights. But when Pastor Porter and other community partners like the Jon Bon Jovi Soul Foundation saw a greater community need, the Warming Center was rebranded to the JBJ & PBC Hope & Comfort Center, with the support of Monmouth ACTS and social services.

Here, men and women guests are provided with a safe, comfortable and secure location during Code Blue Nights, Code Red days and inclement weather. Through community partnerships including Charitable Pharmacy, Reentry of NJ and Red Bank Police Department, services offered to guests include: overnight lodging, laundry services, shower and clothing, hot meals, transportation, social service resources, physical health examination and mental health services.

Since November 2022, the Center has provided services to more than 600 guests – a testament to the community need as well as the successful collaborative undertaking.

“We’ve developed an effective community-based model that brings all the stakeholders together to provide services,” says Pastor Porter. “We see firsthand how we’re making a positive impact for our guests and hope and pray other communities will replicate our initiative.”

James, a guest at Hope & Comfort Center, says “I finally found a place where people really care about what happens to me!”

“What’s rewarding is that partnerships are developing into additional partnerships,” added Pastor Porter.

Case in point: Every Thursday evening on a Code Blue night, partner agency Monmouth CARES’ community group Empower Me helps guests access social services throughout Monmouth County, including obtaining personal documentation like birth certificates and driver’s licenses. Through a partnership with Parker Health Center, representatives provide physical exams and check guests’ vaccination status. “This has really paid dividends because once guests feel more comfortable they are open to receiving healthcare services,” adds Porter. 

In one case, a man’s life was saved: a podiatrist offered services at the Center for two nights – guests were welcome to stay those nights as long as the podiatrist could examine their feet. As an incentive, guests would receive a free pair of boots. It was a great success as the podiatrist saw 95% of guests. What’s more, as a result of the exam, one guest with severe diabetes was rushed to the hospital. The guest is now a patient at Parker Health – a testament that the process is working.

“It is incredibly inspiring to witness the positive change that occurs when community leaders partner to help their neighbors in need,” said Commissioner Sue Kiley, liaison to the Department of Human Services of Monmouth County. “By joining forces and working toward the common goal of providing health and safety resources to those seeking help, everyone benefits and lives are saved.”

“The mission of Monmouth ACTS is to make meaningful connections and address the unmet needs of residents who are in search of services,” said Commissioner Director Thomas A. Arnone. “This community collaboration is the perfect example of how important it is to support each other.”

To learn more about Monmouth ACTS, visit www.MonmouthACTS.org.


Service providers and supporters of the JBJ & PBC Hope & Comfort Center welcomed over 600 guests this 2022-2023 winter season.


Guests and service providers gather at the JBJ & PBC Hope & Comfort Center in Red Bank, N.J.


Dr. Jim McGuiness (far left) and Dr. Hal Orenstein (far right) of Parker Family Health Center, together with Pastor Terrence K. Porter of Pilgrim Baptist Church of Red Bank (middle left) and retired nurse Teena Lomack (middle right), greet and serve guests at the Hope & Comfort Center.


Red Bank Man Charged With Numerous “Upskirting” Involving Juveniles

January 18, 2023

FREEHOLD, NJ (MONMOUTH) – A local man charged late last year with taking “upskirting” photos of two women in a Shrewsbury Borough supermarket has been rearrested and charged with numerous similar additional offenses, including eight involving victims who are believed to be juveniles, Monmouth County Prosecutor Raymond S. Santiago announced Tuesday.  

Christopher W. Cox, 33, of Red Bank is charged with eight counts of second-degree Endangering the Welfare of a Child, nine counts of third-degree Possession of Child Sexual Abuse Materials, nine counts of third-degree Invasion of Privacy, two counts of fourth-degree Criminal Sexual Contact, and a single count of fourth-degree Possession of a Large-Capacity Gun Magazine.  

An investigation involving members of the MCPO Special Victims Bureau and the Shrewsbury Borough Police Department has revealed the following facts:

Shortly before 4 p.m. on Thursday, October 20, 2022, a man later identified as Cox was seen entering the ShopRite of Shrewsbury on Shrewsbury Avenue, and shortly thereafter he began following female shoppers around the store, using his cell phone in a manner indicating that he was surreptitiously taking photos of them from behind. Cox was then seen exiting the store and leaving the area in a white Dodge Durango.  

About a week later, shortly after 9 a.m. on Thursday, October 27, 2022, Cox was pulled over on Newman Springs Road in Red Bank. After initially obeying a command from an officer to exit his vehicle, Cox then quickly reentered the SUV and sped away from the scene, with the officer releasing his grip on him in order to avoid getting dragged by the vehicle. Cox was located in Little Silver shortly thereafter and taken into custody without incident.

The investigation ultimately led to the seizure of the aforementioned large-capacity gun magazine and numerous digital video files in Cox’s possession, most depicting girls and women being surreptitiously filmed from below using a cell phone placed in a grocery basket, duffel bag, or other means of conveyance. The incidents took place at the following times and locations:

  • Shortly before 4 p.m. on Wednesday, November 10, 2021 at the ShopRite Wines & Spirits on South Avenue East in Westfield (Union County);
  • Shortly before 6:15 p.m. on Wednesday, November 10, 2021 at the ShopRite supermarket on West Grand Street in Elizabeth (Union County);
  • Shortly before 1:15 p.m. on Monday, May 30, 2022 at the ShopRite of Shrewsbury;
  • Shortly before 4 p.m. on Friday, July 1, 2022 at an unspecified Walmart;
  • Shortly after 12:30 p.m. on Monday, July 4, 2022 at the ShopRite supermarket at the intersection of routes 36 and 71 in West Long Branch;
  • Shortly after 2:45 p.m. on Monday, July 4, 2022 at an unspecified Foodtown supermarket;
  • Shortly before 1:45 p.m. on Saturday, September 10, 2022 at the Whole Foods supermarket on Route 35 in Middletown; and
  • Shortly before 1:45 p.m. on Sunday, September 18, 2022 at the ShopRite of Shrewsbury.

The investigation further determined that Cox has recently been employed as a plumber. The Criminal Sexual Contact charges against him are connected to incidents taking place on Friday, November 11, 2022 and Monday, January 2, 2023 in which he surreptitiously videotaped himself rubbing his pelvic area on clients while in their homes, in one case exposing himself and performing a lewd act.

This case has been assigned to Monmouth County Assistant Prosecutor Ryan Lavender of the Special Victims Bureau. Cox is being represented by Christian Fleming, Esq., with an office in East Brunswick.

Cox was last arrested during a traffic stop in Shrewsbury Borough on Thursday, January 12. A detention hearing in this case has been tentatively scheduled to take place on Thursday, January 19. The State has filed a motion to keep Cox detained as the case against him proceeds.

“The conduct being alleged and the frequency of the incidents associated with the charges announced today are equally concerning and disturbing,” Prosecutor Santiago said. “We are urging anyone who believes they may have been a victim of Mr. Cox to please come forward and tell us what they know.”

A recent photo of Cox is being released along with this press release. Anyone with information about this matter is urged to contact MCPO Detective Sgt. Shawn Murphy at 800-533-7443 or Shrewsbury Borough Police Department Detective Daniel DeCristofaro at 732-741-2500, Ext. 230.

Anyone who feels the need to remain anonymous but has information about this or any crime can submit a tip to Monmouth County Crime Stoppers by calling their confidential telephone tip-line at 1-800-671-4400; by downloading and using the free P3 Tips mobile app (available on iOS and Android – https://www.p3tips.com/1182), by calling 800-671-4400, or by going to the website at www.monmouthcountycrimestoppers.com.

Convictions on second-degree criminal charges are punishable by up to 10 years in state prison.

Despite these charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt, following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and State law.


Christopher W. Cox, 33, of Red Bank is charged with eight counts of second-degree Endangering the Welfare of a Child, nine counts of third-degree Possession of Child Sexual Abuse Materials, nine counts of third-degree Invasion of Privacy, two counts of fourth-degree Criminal Sexual Contact, and a single count of fourth-degree Possession of a Large-Capacity Gun Magazine.  


Red Bank Regional High School English Teacher Charged With Engaging In Sexual Relationship With Student

November 14, 2022

An English teacher at Red Bank Regional High School has been arrested and criminally charged with having a long-term sexual relationship with a former student, starting when she was enrolled at the school, Acting Monmouth County Prosecutor Raymond S. Santiago announced Monday.

Michael F. Canning, 41, of Long Branch is charged with second-degree Sexual Assault, second-degree Endangering the Welfare of a Child, and fourth-degree Criminal Sexual Contact.

An investigation involving members of the MCPO Special Victims Bureau and the Red Bank Police Department revealed that the alleged criminal conduct by Canning began in 2015, when the victim was a junior, and extended into 2019. On numerous occasions during that time, Canning allegedly engaged in sexual acts with the victim at various locations in Red Bank, Little Silver, and Shrewsbury.

Canning was arrested without incident in Oceanport on Saturday and transported to Monmouth County Correctional Institution (MCCI), where he remains incarcerated pending a first appearance and detention hearing to take place in Monmouth County Superior Court.

This matter remains under joint investigation by members of the MCPO Special Victims Bureau and Red Bank Police Department. Anyone with information about Canning’s activities is being urged to contact MCPO Detective Kayla Santiago at 800-533-7443 or Red Bank Police Department Detective Paul Perez at 732-530-2700.

This case is being prosecuted by the MCPO Special Victims Bureau Director, Assistant Prosecutor Danielle Zanzuccki. Canning is being represented by Kristin S. Pallonetti, Esq., with an office in Red Bank.

“These allegations constitute an egregious betrayal of the immense degree of faith we place upon teachers to always act in the best interests of the young minds they are entrusted to develop and educate,” Acting Prosecutor Santiago said. “The charges filed this weekend are emblematic of our firm commitment to ensure that such conduct is never tolerated, and always met with swift action.”    

Anyone who prefers to remain anonymous but has information about this or any crime can submit a tip to Monmouth County Crime Stoppers by calling their confidential telephone tip-line at 1-800-671-4400; by downloading and using the free P3 Tips mobile app (available on iOS and Android – https://www.p3tips.com/1182), by calling 800-671-4400; or by going to the website at www.monmouthcountycrimestoppers.com.

Despite these charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt, following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and State law.

Michael F. Canning, 41, of Long Branch is charged with second-degree Sexual Assault, second-degree Endangering the Welfare of a Child, and fourth-degree Criminal Sexual Contact.


Tinton Falls, Monmouth County, NJ, Man who is a Previously Convicted Felon Charged with Impersonating DEA Agent and Possessing Handgun at a Hospital in Red Bank

December 2, 2021

TRENTON, NJ (MERCER) – A Monmouth County, New Jersey, man was arrested today for impersonating a federal agent and illegally possessing a firearm as a convicted felon, Acting U.S. Attorney Rachael A. Honig announced.

Wesley Rucker, 34, of Tinton Falls, New Jersey, is charged by complaint with one count of possession of a firearm by a convicted felon, one count of impersonating a federal agent, and one count of possession of an imitation badge. He is scheduled to appear this afternoon by videoconference before U.S. Magistrate Judge Tonianne J. Bongiovanni.

According to documents filed in this case and statements made in court:

On Oct. 22, 2021, Rucker sought treatment in the emergency room of a Red Bank, New Jersey, hospital. Hospital personnel noticed that Rucker had a handgun in his waistband. Rucker told hospital security personnel that he was a member of law enforcement and displayed a Drug Enforcement Administration (DEA) identification. Hospital security had Rucker store his handgun in a locker in the hospital’s security office. Hospital personnel contacted the Red Bank Police Department after becoming suspicions of Rucker’s claimed affiliation with federal law enforcement. Responding officers confronted Rucker, and he told the officers that he was a “DEA agent.” Rucker displayed the same DEA identification to the officers. As the officers were investigating Rucker’s claims, Rucker attempted to leave the hospital without his handgun. Officers took Rucker into custody and seized the fake identification along with a fake DEA badge that Rucker had not used. Officers learned that Rucker was a previously convicted felon who had no prior affiliation with the DEA.

The felon in possession of a firearm charge carries a maximum penalty of 10 years in prison and a fine of up to $250,000. The impersonation of a federal agent charge carries a maximum penalty of three years in prison, and a fine of up to $250,000. The possession of an imitation badge charge carries a maximum penalty of six months in prison, and a fine of up to $5,000.

Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, Newark Field Division, Trenton Field Office, under the direction of Special Agent in Charge Jeffrey L. Matthews; officers of the Red Bank Police Department, under the direction of Chief Darren McConnell; members of the Monmouth County Prosecutor’s Office, under the direction of Acting Prosecutor Lori Linskey; special agents of the DEA, under the direction of Special Agent in Charge Susan A. Gibson; and officers of the Old Bridge Police Department, under Acting Chief Joseph P. Mandola Jr., with the investigation leading to the charges.

The government is represented by Special Assistant U.S. Attorney Christopher Matthews of the U.S. Attorney’s Office’s Criminal Division in Trenton.

The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

21-550 

Defense counsel: Brian P. Reilly Esq., Assistant Federal Public Defender, Trenton

29 People Facing Charges For Racketeering And Various Criminal Gang Activities

October 30, 2020

FREEHOLD, NJ (MONMOUTH)–An 8-month investigation into ongoing acts of gang criminality and organized street crime has led to charges against 29 people from Monmouth and Ocean counties for Racketeering, Conspiracy, Attempted Murder, drug and gun trafficking and Dogfighting, announced Prosecutor Christopher J. Gramiccioni.  The probe revealed a power grab by a Bloods gang leader to consolidate his command of the gang’s criminal activities through violence, intimidation, illegal drug and gun sales, and the operation of a dogfighting ring. 

During the investigation titled “Operation Golden State,” law enforcement officers recovered numerous firearms, a vehicle used in criminal activity, various quantities of cocaine and marijuana, 12 canines used in the dogfighting operation, and other evidence related to the dogfighting operation.  The dogs are safe and currently being sheltered in an Ocean County animal facility.  Of the 29 people charged as part of this investigation, nine are facing charges of racketeering, five are facing charges of conspiracy to commit murder, two are facing charges as a leader of a dogfighting network, and four are facing dogfighting charges.

The joint investigation by the Monmouth County Prosecutor’s Office, in cooperation with federal, state, county and local law enforcement agencies, concluded that Xavier Reed, 30, of Hyson Road in Jackson Township, controlled a vast criminal enterprise operating in Asbury Park, Neptune Township, Freehold and Lakewood.  Reed, a/k/a “HS”, assembled a gang alliance consisting of G-Shine Bloods, 47 Neighborhood Crips and the Grape Street Crips that worked towards the unitary control of most illegal activity in Monmouth and Ocean Counties.  Reed is currently incarcerated in the Essex County Correctional Facility in Newark on unlawful gun possession charges.   

As a G-Shine Bloods leader, Reed was responsible for administering punishment, controlling the channels for generating revenue from various quantities of drug sales (heroin, cocaine, prescription pills and marijuana) and the administration of the dogfighting ring, where thousands of dollars were typically earned during a single dogfight.  These activities served as a means of funding the violent crime carried out by the group, and to further advance Reed’s power. 

Reed intensified his energies to maintain control over criminal activity in Monmouth County by intimidating individuals who were disloyal to him or the organization, and engaged in efforts to violently retaliate against former members of his organization and rivals.  Reed’s intimidation tactics included a conspiracy with others charged to murder a pair of Reed’s rivals and a member of a Lakewood-based G-Shine set, who resisted Reed’s efforts to consolidate that set into his organization. 

Reed was cognizant of the ongoing wars between rival criminal street gangs, namely the G-Shine Bloods and Grape Street Crips, and boasted about his assembly of members from different gangs that worked towards a common criminal goal, which he and others referred to the group as “Golden State” and would retaliate against anyone who disrespected them.

The criminal enterprise also possessed, transferred and sold weapons within their organized crime alliance, and were responsible for more than a dozen shooting incidents that have recently plagued Asbury Park, Long Branch, Tinton Falls, Keansburg and Neptune Township. 

The investigation further revealed Reed and his affiliates in other criminal street gangs, including Daishon Smith a/k/a “Beefy” of Asbury Park, were responsible for violent criminal activity throughout Asbury Park, Freehold Borough, and Neptune Township.

The dogfighting part of the enterprise worked in cooperation with out-of-state breeding facilities that focused on training dogs to kill and engaged in interstate dogfighting events.  In one instance, Reed lost $5,000 on one of his own dogs in a dogfight held in Philadelphia.  In another instance, Reed bragged about maintaining his fighting dogs by feeding them chickens and rabbits, remarking how much the dogs loved killing the animals.

The Monmouth County Society for the Prevention of Cruelty to Animals seized eight Pit Bull-type dogs in Monmouth and Ocean counties in February 2020. All the dogs are believed to be owned by Reed.  The dogs were left outside in sub-freezing temperatures and all had bite marks on their limbs, necks and ears indicative of dogfighting. 



Reed is charged with first degree Racketeering Conspiracy, first degree Gang Criminality, first degree Conspiracy to Commit Murder, first degree Promotion of Organized Street Crime, Second Degree Aggravated Assault, Second Degree Solicitation to Join a Criminal Street Gang, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), Second Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose, Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose, Second Degree Leader of a Dog Fighting Network, Third Degree Conspiracy to Commit Dog Fighting, Third Degree Conspiracy to Commit Witness Tampering, Third Degree Conspiracy to Distribute CDS (Marijuana), and Second Degree Certain Persons Not to Possess Weapons.

Reed was aided in his efforts by a network of people who are charged with various crimes:

Rashad Anderson a/k/a “C-Devine”, 39, is charged with second degree Leader of a Dog Fighting Network and third degree Conspiracy to Commit Dog Fighting.

Kaniesha Bacon, 30, of Hyson Road in Jackson, is charged first degree Racketeering Conspiracy, third degree Conspiracy to Commit Witness Tampering, third degree Conspiracy to Distribute Controlled Dangerous Substance (CDS) [Marijuana].

Itayasia Berry a/k/a “TayTay”, 21, of Corlies Avenue in Neptune Township, is charged with second degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), second degree Unlawful Possession of a Weapon (Firearm), second degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), third degree Conspiracy to Distribute CDS (Cocaine), and third degree Conspiracy to Distribute CDS (Prescription Pills).

Jawaun Boggs a/k/a “Jig”, 24, of Atlantic Avenue in Asbury Park, is charged with First Degree Racketeering Conspiracy, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), Second Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), Second Degree Possession

of a Weapon for an Unlawful Purpose (Unlawful Use), Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose, Third Degree Conspiracy to Distribute CDS (Prescription Pills), Third Degree Conspiracy to Possess CDS (Prescription Pills), and Second Degree Certain Persons Not to Possess Weapons.

King Brent a/k/a “Pay”, 25, of Atlantic Avenue in Asbury Park, is charged with Third Degree Conspiracy to Possess CDS (Prescription Pills).

Alahji Conteh a/k/a “Stash”, 25, of Atlantic Avenue in Asbury Park, is charged with Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose, Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm).

Thomas Cutillo, Jr., 25, of Garfield Avenue in Avon-By-the-Sea, is charged with third Degree Conspiracy to Distribute CDS (Prescription Pills) and Third Degree Conspiracy to Possess CDS (Cocaine and/or Heroin).

Sammy Davis, 55, of Monroe Avenue in Neptune Township, is charged with third Degree Conspiracy to Possess CDS (Cocaine).

Nakee Davis-Ruffin a/k/a “Squad”, 21, of Third Avenue in Asbury Park is charged with First Degree Racketeering Conspiracy, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), Second Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose, and Second Degree Possession of a Weapon for an Unlawful Purpose.

Jahquan Fenn a/k/a “Capo” and “Trey”, 30, of Center Street in Freehold Boro, is charged with First Degree Racketeering Conspiracy, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), Second Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), Second Degree Certain Persons Not to Possess Weapons.

Dale Ghee a/k/a “Budda”, 23, of Sewall Avenue in Asbury Park is charged with Third Degree Conspiracy to Distribute CDS (Marijuana).

Marciyah Gill, 25, of Bond Street in Freehold Boro, is charged with Third Degree Conspiracy to Distribute CDS (Cocaine).

Richard Ivery, 35, of State Route 33 in Wall Township, is charged with Third Degree Possession of CDS (Marijuana) with Intent to Distribute and Fourth Degree Possession of Over 50 Grams of Marijuana.

Jy’Zaire Jones a/k/a “Ceemo”, 25, of Allen Avenue in Ocean Township, is charged with First Degree Racketeering Conspiracy, Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose, Second Degree Possession of a Weapon for an Unlawful Purpose, Second Degree Possession of a Weapon for an Unlawful Purpose (community firearm), Second Degree Conspiracy to Distribute CDS (Cocaine), and Third Degree Conspiracy to Commit Witness Tampering.

A juvenile male from Asbury Park is charged with First Degree Racketeering Conspiracy, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), Second Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose, and Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose.

Tyree Kirkpatrick a/k/a “Ree”, 32, of Third Avenue in Asbury Park, is charged with First Degree Racketeering Conspiracy, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), First Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose, Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose, and Second Degree Certain Persons Not to Possess Weapons.

Zion Langhorne a/k/a “Too Brazy”, 19, is charged with First Degree Racketeering Conspiracy, First Degree Conspiracy to Commit Murder, and Second Degree Solicitation to Join a Criminal Street Gang.

Marcella Mallory, 57, of East Sunset Avenue in Red Bank, is charged with Third Degree Conspiracy to Distribute CDS (Cocaine) and Third Degree Conspiracy to Possess CDS (Cocaine).

Mark McMillian a/k/a “Noodle”, 43, of Bangs Avenue in Asbury Park, is charged with Third Degree Conspiracy to Commit Dog Fighting.

Julissa Miles, 32, of Third Avenue in Asbury Park, is charged with Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), Second Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm).

Jose Mosely a/k/a “Brazy”, 33, of State Route 70 in Manchester Township, is charged with First Degree Racketeering Conspiracy, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), First Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), and Second Degree Certain Persons Not to Possess Weapons.

Jamar Ousley, 37, of Colts Neck Road in Freehold Township, is charged with First Degree Racketeering Conspiracy and Fourth Degree Solicitation to Join a Criminal Street Gang.

Daishon Smith a/k/a “Beefy” or “Atkins Ave.”, 29, of Atlantic Avenue in Asbury Park, is charged with First Degree Racketeering Conspiracy, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon (Firearm), Second Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose, Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose, Second Degree Conspiracy to Distribute CDS (Cocaine), Third Degree Conspiracy to Distribute CDS (Prescription Pills), and Second Degree Certain Persons Not to Possess Weapons.

Rufus Squarewell a/k/a “Ru”, 38, is charged with Third Degree Conspiracy to Commit Dog Fighting.

Jimmy Tran, 29, of Broadway in Freehold Township, is charged with Third Degree Conspiracy to Distribute CDS (Marijuana).

Melanie Tucker, 36, of Monroe Avenue in Neptune Township, is charged with Second Degree Conspiracy to Distribute CDS (Cocaine).

Marcus Washington a/k/a “Mo Shine”, 25, of Brockton Avenue in Neptune Township, is charged with First Degree Racketeering Conspiracy, Third Degree Conspiracy to Commit Witness Tampering, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon, Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), and Second Degree Certain Persons Not to Possess Weapons.

Shakon Winslow a/k/a “Stick-up” or “Wise”, 26, of Bangs Avenue in Neptune Township, is charged with First Degree Racketeering Conspiracy, First Degree Gang Criminality, First Degree Conspiracy to Commit Murder, Second degree Aggravated Assault, Second Degree Conspiracy to Commit Unlawful Possession of a Weapon, Second Degree Unlawful Possession of a Weapon (Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose (Community Firearm), Second Degree Possession of a Weapon for an Unlawful Purpose, Second Degree Conspiracy to Possess a Weapon for an Unlawful Purpose, Third Degree Conspiracy to Commit Witness Tampering, Third Degree Conspiracy to Distribute CDS (Cocaine), Third Degree Conspiracy to Distribute CDS, Fourth Degree Solicitation to Join a Criminal Street Gang, and Second Degree Certain Persons Not to Possess Weapons.

Prosecutor Gramiccioni would like to thank the following agencies for their assistance in conducting the investigation: New York/New Jersey Regional Task Force and Capitol Area Regional Task Force of the United States Marshal’s Office; the Red Bank field office of the Federal Bureau of Investigation (FBI); the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); the United States Drug Enforcement Administration (DEA) HIDTA, the New Jersey State Police; the New Jersey State Parole Board; the Monmouth County Sherriff’s Office; the Union County Prosecutor’s Office; the Ocean County Prosecutor’s Office; the Monmouth County Society for the Prevention of Cruelty to Animals; and police departments in Union Beach, Keansburg, Highlands, Neptune Township, Neptune City, Tinton Falls, Eatontown, Long Branch, Howell, Spring Lake, Asbury Park, Freehold Township, Freehold Borough, Red Bank, Middletown, Jackson, Lakewood, Keyport and Oceanport.

If convicted of Attempted Murder, each defendant faces a minimum sentence of 30 years in a New Jersey state prison without parole and a maximum sentence of life imprisonment, subject to the provisions of the “No Early Release Act” (NERA) requiring him to serve 85 percent of the sentence imposed before becoming eligible for release on parole. Each defendant would also be under parole supervision for five years following his release from state prison.

The Racketeering charges allege that the defendants engaged in a continuous pattern of interrelated criminal conduct, namely drug trafficking, gun trafficking and dogfighting, among other crimes.  If convicted of first degree Racketeering, each defendant faces up to 20 years’ imprisonment, and a period of parole ineligibility equal to 85% of the sentence imposed.  Additionally, the Racketeering counts will not merge with other charged counts. 

If convicted of Promoting Organized Street Crime, each defendant faces 15 to 30 years’ imprisonment and a fine up to $200,000.  If convicted of any other first degree crime, each defendant faces a sentence of up to 20 years in state prison.  If convicted of any of the second degree crimes, each defendant faces a sentence of five to ten years in state prison.  If convicted of any third degree crime, defendants face three to five years in state prison. 

The cases are assigned to Monmouth County Assistant Prosecutors Matthew Bogner and Joshua Carmel.

Despite these charges, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt, following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and State law.

Governor Murphy Signs Legislation Requiring Reforms to Long-Term Care Industry

Bills Establish Minimum Staffing Ratios and Require Policies to Prevent Social Isolation of Residents

October 23, 2020

RED BANK, NJ (MONMOUTH)–Governor Phil Murphy today signed two bills (S2712 and S2785) ordering reforms to the long-term care industry. The bills implement recommendations from the Manatt Health Report, released on June 3, 2020. 

S2712 requires minimum direct care staff-to-resident ratios in New Jersey long-term care facilities. Additionally, the legislation will establish the Special Task Force on Direct Care Workforce Retention and Recruitment. S2785 requires long-term care facilities to institute policies that prevent social isolation of residents, addressing issues experienced by LTC residents and their families as a result of prohibitions and limitations on visitation during the COVID-19 pandemic.

“Sadly, too many nursing homes are run by companies more interested in making money than protecting patients,” said Governor Murphy. “These long-sought reforms will help bring accountability to the industry and protect residents, staff, and family members with a loved one living in a long-term care facility. I am proud to have worked with our partners in organized labor, health care advocates, and legislative sponsors to finally implement safe staffing ratios in our nursing homes, as well as other long overdue reforms.”

“Staff caring for our most vulnerable residents in long-term care settings are the backbone of these facilities,” said Health Commissioner Judith Persichilli. “As a nurse, I know there is no more important role than as a caregiver and all of those working in these facilities are healthcare heroes. We have to support this workforce and give them an opportunity to grow and advance in their careers, so it is not only a more rewarding job, but also results in improved care.”

Primary sponsors for S2712 include Senators Brian P. Stack, Patrick J. Diegnan, and Joseph F. Vitale, and Assemblymembers Angelica M. Jimenez, Gordon M. Johnson, and Pedro Mejia.

“New Jersey got an F rating and was ranked 43 out of 50 in direct care staffing hours per nursing home resident. These gaping problems have become even more apparent since the start of the COVID-19 pandemic. This is unacceptable and we all know we can do better,” said Senator Brian Stack. “These are our parents and grandparents and soon, they will be us. This law will ensure that every resident in our nursing homes receives the care and attention we all deserve.”

“Increasing the amount of staff in nursing homes will improve the quality of services provided to the elderly in the state,” said Senator Patrick Diegnan. “Because nursing home patients often need close supervision, increasing the amount of staff will ensure that these senior citizens have the attention and care they need.”

“By establishing a task force, we will be able to develop the best strategies for recruiting new direct care staff,” said Senate Health Committee chair, Senator Joseph Vitale. “It is imperative to develop a viable and robust pipeline of workers in order to meet the requirements of this bill and provide better care to the senior citizens of this state.”

 “There isn’t a more important time than now to act to ensure New Jersey’s nursing homes have adequate staffing of direct care professionals for their residents. The onset of Covid-19 quickly illuminated the numerous inefficiencies in staffing, preparedness, and medical equipment in our nursing homes. They were dangerously unprepared for the rapid response needed to address the demands of a public health crisis,” said Assemblymembers Angelica Jimenez, Gordon Johnson, and Pedro Mejia in a joint statement. “Nursing home care has, for far too long, been under scrutiny in the state and it’s time now to address the concerns. A mandatory minimum for staff-to-patient ratios in these facilities will be critical to fixing the long term healthcare system in the state.” 

S2712  establishes minimum direct care staff-to-resident ratios in nursing homes. The Manatt Report cited longstanding staffing shortages as one of the systemic issues that exacerbated the industry’s COVID-19-response challenges. Specifically, the law requires:

  • One CNA to every eight residents for the day shift;
  • One direct care staff member (RN, LPN, or CNA) to every 10 residents for the evening shift; and
  • One direct care staff member (RN, LPN, or CNA) to every 14 residents for the night shift.

The bill also establishes the Special Task Force on Direct Care Workforce Retention and Recruitment, which will evaluate job supports and incentives, training opportunities, wages and benefits, educational initiatives, and certification reciprocity rules. The Task Force will be required to submit a report to the Governor and the Legislature within one year of its first meeting, which must occur within 180 days of signing.

Primary sponsors for S2785 include Senators Vin Gopal and Nellie Pou, and Assemblymembers Valerie Vainieri Huttle, Angela V. McKnight, and Carol A. Murphy.

“One of the debilitating effects of the spread of the coronavirus has been the heightened sense of isolation it has placed on residents of long-term care facilities. There is little doubt that the limits on physical visitation have had a harmful effect on residents’ mental and physical well-being,” said Senator Vin Gopal. “Many residents in these facilities are already susceptible to loneliness and potential isolation. Facilities should act now to implement plans to prevent such isolation in the event of a public health emergency and be able to mitigate its worst effects on both residents and their loved ones.”

“Long term care facilities can be lonely places for our elderly residents. The limitations we saw on visitation early on in the pandemic, while in the best interest of patients, had an immense impact on their mental wellbeing,” said Senator Nellie Pou. “This program will help to ensure our facilities are better equipped to prevent feelings of social isolation in the event of future public health emergencies that require them to go into lockdown to prevent the spread of illness.”

“For months at the start of the pandemic, family and friends were not allowed to visit their loved ones in long-term care facilities to mitigate the spread of COVID-19,” said Assemblywoman Valerie Vainieri Huttle, chair of the Assembly Aging and Senior Services Committee. “Though this precaution was intended to protect the physical health of residents, for many the sustained social isolation took a toll on their mental health. Eight months into this crisis, we’ve learned social distancing doesn’t have to mean isolation or loneliness. Whether it be a natural disaster or a public health crisis, we must ensure that residents in these facilities can stay connected to their families and loved ones remotely when in-person visits are not feasible.” 

“Even before COVID-19, many residents in long-term care felt socially isolated and lonely,” said Assemblywoman Angela McKnight. “The pandemic has exacerbated this problem. Most of us at one point or another have leaned on family and friends for support in these uncertain times. We must make sure those in long-term care – many of them elderly or disabled – are able to stay in touch with their support systems.” 

“Mental health and physical health are equally important. During COVID-19 and beyond, the mental health of long-term care residents must be a priority,” said Assemblywoman Carol Murphy. “Now more than ever, we must keep residents connected to their families, both for the sake of their mental health and to ensure families are able to advocate for their loved ones.”

The bill requires long-term care facilities, as a condition of licensure, to implement policies to prevent social isolation of residents. The bill is intended to address the tremendous strain experienced by long-term care residents and families of residents as a result of the prohibition of and limitation on visitation during the pandemic. The bill requires facilities to create social isolation prevention policies to authorize residents of the facility to engage in in-person contact, communications, and religious and recreational activities with other facility residents and with family members, friends, and other external support systems, except when prohibited, restricted, or limited. The bill further requires policies to consider means to promote virtual visitation and resident recreational activities during periods where in-person engagement is limited/prohibited, and requires facilities to maintain the appropriate technology to implement that mandate.

“Today New Jersey enacts one of the most meaningful pieces of nursing home legislation our state has seen in decades,” said Milly Silva, Executive Vice President of 1199SEIU United Healthcare Workers East. “This law will fundamentally improve standards of quality care in nursing homes by ensuing that facilities hire sufficient frontline staff to meet the basic needs of residents.  We commend Gov. Murphy and our legislative leadership for taking this step which establishes New Jersey as a national model for compassionate staffing levels in nursing homes.”

“Today I care for nearly twice as many residents as I did when I became a CNA seventeen years ago,” said Margaret Boyce, certified nursing assistant and member of 1199SEIU. “This law means that I will again be able to give my residents the type of care that they deserve.  After all they have gone through during this pandemic, no nursing home resident should ever again have to miss a meal, or a shower, or feel lonely because there’s no one available to assist them.” 

On behalf of the members I represent, I applaud Governor Murphy and the NJ Legislature for their support of long term care patients and workers. This has been a very difficult time for patients and their caregivers at NJ nursing homes,” said Susan Cleary, President of District 1199J, National Union of Hospital and Health Care Employees. “It is my sincere hope as President of District 1199J, representing 10,000 workers which include 35 long term care facilities, that as a State we will protect our most vulnerable citizens, recognize and compensate those who provide quality and compassionate care, and continue to work toward policies that keep our long term care community safe and strong.

Monmouth County Voting Information And Video Tutorial

October 8, 2020

Visit: https://www.monmouthcountyvotes.com/ for the latest voting information in Monmouth County

FREEHOLD, NJ (MONMOUTH)–As you may be aware, this year’s November General Election in New Jersey is being conducted primarily by mail-in ballots, per State mandate. On November 3, 2020, Election Day, limited polling locations will be open for voting on paper provisional ballots only, except for disabled voters. 

Voters across Monmouth County are receiving their mail-in ballots this week and are encouraged to contact the County Clerk’s Election Office at 732-431-7790, Monday to Friday, 8:30 a.m. to 4:30 p.m., with any questions about the delivery of their ballots. 

Due to this unprecedented change in our election process, Monmouth County Clerk Christine Giordano Hanlon has provided a comprehensive webpage on MonmouthCountyVotes.com, explaining this year’s election process.

In addition, our office has provided video tutorials, including an animated step-by-step video informing Monmouth County voters of how to properly complete and return their mail-in ballots. The tutorial also explains how the paper ballots are reviewed and verified by the Monmouth County Board of Elections.

The video can be viewed on our Facebook and YouTube pages. We encourage you to share this important information with your friends and neighbors.







Election Hotline Established to Secure Election Integrity

To help ensure free and fair elections in Monmouth County, the County Election Offices and Prosecutor’s Office have established an election hotline. To report any issues of voter fraud or misconduct in Monmouth County, residents can call the County Prosecutor’s Office hotline at 855-786-5878.

“Our democratic system of government depends on free and fair elections and, as such, election integrity and security is important to all of us,” said County Prosecutor Christopher J. Gramiccioni and County Clerk Christine Giordano Hanlon. “For these reasons, our offices are working together to further safeguard the electoral process.”


Upcoming Dates and Voter Deadlines

  • Monday, October 12th: All County Offices closed in observance of Columbus Day
  • Tuesday, October 13th: Voter Registration Deadline for the November General Election
  • Friday, October 30th: Application Deadline for General Election Mail-In Ballots by Electronic Means for Qualified Overseas Civilian and Military Voters 
  • Tuesday, November 3rd: General Election Day!
  • Tuesday, November 3rd at 8 p.m.: Close of the polls; Deadline to deliver mail-in ballot by U.S. Postal Service mail, Drop Box, or in-person to the County Board of Elections at 300 Halls Mill Road in Freehold or at assigned Polling Place.

Monmouth County Secure Ballot Dropbox Locations:

LocationAddressEntry
1Aberdeen Municipal Building1 Aberdeen Square
Aberdeen, NJ 07747
2Allentown Borough Hall8 North Main Street
Allentown, NJ 08501
3Asbury Park City Hall1 Municipal Plaza
Asbury Park, NJ 07712
City Council Chambers (Bangs Avenue Entrance)
4Borough of Belmar Municipal Building601 Main Street
Belmar, NJ 07719
5Eatontown Borough Municipal Building47 Broad Street
Eatontown, NJ 07724
Rear Entrance
6Board of Elections Office300 Halls Mill Road
Freehold, NJ 07728
Side Entrance
7Hazlet Agency – NJ Motor Vehicle Commission1374 Highway 36
Hazlet, NJ 07730
Airport Plaza
8Howell Township Municipal Building4567 Route 9 North
Howell, NJ 07731
Rear Entrance
9Long Branch City Hall344 Broadway
Long Branch, NJ 07740
10Manalapan Township Municipal Building120 County Road 522
Manalapan, NJ 07726
11Middletown Municipal Building1 Kings Highway
Middletown Township, NJ 07748
12Croydon Hall900 Leonardville Road
Leonardo, NJ 07737
13Neptune Township Municipal Building25 Neptune Boulevard
Neptune, NJ 07753
Library Entrance
14Ocean Township Town Hall399 Monmouth Road
Oakhurst, NJ 07755
15Red Bank Borough Municipal Building90 Monmouth Street
Red Bank, NJ 07701
16Rumson Borough Hall80 East River Road
Rumson, NJ 07760
17Wall Township Municipal Building2700 Allaire Road
Wall, NJ 07719

Vote-By-Mail Drop Box Arrives In Allentown

September 22, 2020

ALLENTOWN, NJ (MONMOUTH)–An Allentown resident told MidJersey.News that around 11 pm last night a delivery crew installed a Vote-By-Mail Drop Box in front of Allentown at Borough Hall on Main Street. There are currently 17 Vote-By-Mail Drop Box locations for Monmouth County, this is the furthest west serving Western Monmouth County.

A current list of Vote-By-Mail Drop Box locations for Monmouth County can be found here.

Vote-By-Mail Drop Box Locations

Pursuant to State law, the November 3, 2020 General Election will be conducted primarily by Mail-In Ballot in New Jersey.

If you wish to place your Mail-In Ballot in a secure drop box, below are the locations throughout the County which will be available starting the week of September 15. Addresses in the list below are clickable and will bring up Google Maps.

Voters can drop their voted Mail-In Ballot into these Board of Elections Drop Boxes anywhere in the County up until 8 p.m. on November 3, 2020. You do not have to be a resident of the town where the drop box is located. Be advised that these drop boxes are under video surveillance and are monitored by the Monmouth County Board of Elections, which can be reached at 732-431-7802.

For more information about the General Election process, click here.

LocationAddressEntry
1Aberdeen Municipal Building1 Aberdeen Square
Aberdeen, NJ 07747
2Allentown Borough Hall8 North Main Street
Allentown, NJ 08501
3Asbury Park City Hall1 Municipal Plaza
Asbury Park, NJ 07712
City Council Chambers (Bangs Avenue Entrance)
4Borough of Belmar Municipal Building601 Main Street
Belmar, NJ 07719
5Eatontown Borough Municipal Building47 Broad Street
Eatontown, NJ 07724
Rear Entrance
6Board of Elections Office300 Halls Mill Road
Freehold, NJ 07728
Side Entrance
7Hazlet Agency – NJ Motor Vehicle Commission1374 Highway 36
Hazlet, NJ 07730
Airport Plaza
8Howell Township Municipal Building4567 Route 9 North
Howell, NJ 07731
Rear Entrance
9Long Branch City Hall344 Broadway
Long Branch, NJ 07740
10Manalapan Township Municipal Building120 County Road 522
Manalapan, NJ 07726
11Middletown Municipal Building1 Kings Highway
Middletown Township, NJ 07748
12Croydon Hall900 Leonardville Road
Leonardo, NJ 07737
13Neptune Township Municipal Building25 Neptune Boulevard
Neptune, NJ 07753
Library Entrance
14Ocean Township Town Hall399 Monmouth Road
Oakhurst, NJ 07755
15Red Bank Borough Municipal Building90 Monmouth Street
Red Bank, NJ 07701
16Rumson Borough Hall80 East River Road
Rumson, NJ 07760
17Wall Township Municipal Building2700 Allaire Road
Wall, NJ 07719

NJ’s Two Largest Wine & Spirits Wholesalers and 20 of Their Biggest Retail Customers to Pay a Total of $10.3 Million for Engaging in Discriminatory Trade Practices

Division of Alcoholic Beverage Control Imposes Record-High $4 Million Penalties on Wholesalers Allied Beverage Group & Fedway Associates Following Two-Year Investigation into Their Misuse of Rebate Programs.

September 1, 2020

TRENTON, NJ (MERCER)–Attorney General Gurbir S. Grewal and the Division of Alcoholic Beverage Control (“ABC”) today announced that New Jersey’s two largest wine and spirits wholesalers will pay $4 million each to resolve findings that they engaged in discriminatory trade practices that unfairly favored their largest retail customers. In addition, twenty retailers statewide will pay a total of $2.3 million for their part in the unlawful scheme.

In separate Consent Orders with ABC, wholesalers Allied Beverage Group and Fedway Associates agreed to pay record-high monetary penalties and change their business practices to resolve trade violations uncovered during a sweeping two-year investigation by ABC’s Enforcement and Investigations Bureaus.

The investigation found that the wholesalers – which together account for approximately 70% of all wine and 80% of all spirits sold at wholesale in the State – unfairly favored 20 of the State’s largest wine and spirits retailers and put smaller retailers at a competitive disadvantage by manipulating the retailer incentive program (RIP), granting credit extensions and interest-free loans, and engaging in other discriminatory practices.

 “Simply put, Allied Beverage Group and Fedway Associates rigged the market in favor of a handpicked group of powerful retailers, leaving smaller businesses struggling to compete.  The unprecedented monetary penalties imposed reflect the egregiousness of this conduct and the widespread negative impact it had on New Jersey consumers and retailers,” said Attorney General Gurbir S. Grewal. “This settlement sends a clear message that we will not tolerate this manipulative and anticompetitive behavior.” 

The RIPs provide cash rebates payed to retailers by wholesalers for purchasing certain quantities of alcoholic beverages.  ABC regulations control the program by making RIPs available to all retailers on a non-discriminatory basis, by keeping the RIP payments to retailers relatively small, and by not allowing wholesalers to substitute RIPs for interest-free loans.

The investigation found that Allied Beverage Group and Fedway Associates were giving chosen retailers a financial advantage by issuing rebates more often and in greater amounts than allowed. They also failed to wait the required 30 days before issuing rebates, thus allowing those retailers to use that money to pay for the orders for which the rebates  were issued, which is against ABC regulations. Retailers who do not pay for orders within 30 days are put on an industry-wide cash-only delivery status, so the early rebates ensured that the larger retailers would have a ready cash flow to pay for their orders on time, giving them an unfair edge over smaller retailers who had to use their own money to pay for their wine and spirits orders within the required 30-day window. The investigation also found that Allied Beverage Group and Fedway Associates falsified records related to RIPs and/or used undocumented gift cards to make cash payments to chosen retailers that were not accounted for.

“Retail incentives are a legitimate marketing tool as long they are above board and available equally to all retailers. Discriminatory practices like these foster instability in the market by harming smaller retailers,” said James Graziano, Acting Director of the Division of Alcoholic Beverage Control. “If left unchecked, the ability of small retailers to remain in business may have been jeopardized and consumers would have less access to retail stores and the specialized product selections that they offer. We will continue to monitor industry practices to ensure an equal playing field in New Jersey’s alcoholic beverage retail industry and hold violators accountable for noncompliance.”   

The monetary payments from Allied and Fedway are the largest in ABC’s history, and in addition, both entities each agreed to adopt a corrective action plan; employ a compliance monitor for two years; make upgrades to their computer systems; and facilitate the retirement, resignation and/or termination of certain employees.

The following retailers were charged with ABC violations that included accepting the delivery of alcoholic beverages from Allied and/or Fenway upon terms that violated ABC regulations; accepting a loan from a wholesaler to pay a wholesaler and/or avoid being placed on cash-on-delivery status; receiving a RIP before paying the invoice, receiving a RIP in excess of allowed maximum on a product. Each retailer entered a Consent Order with ABC to resolve the charges, with the following settlement terms:  

  •        Leiham Corp., t/a Bayway World of Liquors: $375,000 monetary offer in compromise in lieu of suspension plus phased-in               retirement of manager and other corrective action. (ELIZABETH)
  •        SVGS Inc., t/a Vingo Wine and Spirits: $90,000 (including $62,500 unaccounted for cash seized from the store) monetary offer in compromise in lieu of suspension plus corrective action. (EATONTOWN)