MER-L-002776-17 12/29/2017 3:41:27 PM Pg 1 of 10 Trans ID: LCV2017721835 CHRISTOPHER S. PORRINO ATTORNEY GENERAL OF NEW JERSEY ATTORNEY FOR PLAINTIFF -STATE OF NEW JERSEY STEVEN A. YOMTOV - ATTY NO. 059141994 BY: SARAH D. BRIGHAM - ATTY NO. 184902016 DEPUTY ATTORNEYS GENERAL DIVISION OF CRIMINAL JUSTICE P .O. BOX 086 TRENTON, NEw JERSEY 08625 ( 609) 376-2400 SUPERIOR COURT OF NEW JERSEY LAW DIVISION - MERCER COUNTY DOCKET NO. MER-LCIVIL ACTION STATE OF NEW JERSEY, ~ Plaintiff, ~ V BRIDGET ANNE KELLY, Defendant. ~ VERIFIED COMPLAINT IN LIEU OF PREROGATIVE WRIT SEEKING FORFEITURE OF PUBLIC OFFICE AND POSITION, PERMANENT DISQUALIFICATION FROM ANY POSITION OF PUBLIC HONOR, TRUST, OR PROFIT, .AND FORFEITURE OF PENSION OR RETIREMENT BENEFITS The State of New Jersey, by Christopher S. Porrino, the Attorney General of New Jersey, for its complaint in lieu of prerogative writ against defendant Bridget Anne Kelly, seeking t o declare (1) that defendant has forfeited holding any public position held by her under the government of this State or any o f its administrative or political subdivisions, including her public position held as an employee of the Office of the Governor of the State of New Jersey (the "Governor's Office") f rom in or about April 2013 to on or about January 9, 2014; that defendant is permanently disqualified from holding any - 1 - (2) MER-L-002776-17 12/29/2017 3:41:27 PM Pg 2 of 10 Trans ID: LCV2017721835 future position of honor, trust, or profit, under this State or any of its administrative or political subdivisions; and (3) that defendant has forfeited all of her pension or retirement benefits earned as a member of any State or locally administered pension fund or retirement system in which defendant participated at the time of the commission of her crimes and which covered her positions as an employee of the Governor's Office, alleges as follows: 1. At all relevant times, defendant was employed by the Governor's Office as the Deputy Chief of Staff for Legislative and Intergovernmental Affairs ("IGA") , and was responsible for monitoring and facilitating relationships between the Governor's Office and New Jersey State and local officials. Defendant also played a role in seeking endorsements of Governor Christopher Christie's reelection from elected officials in New Jersey. ( Exhibit A) . 2. The Governor's Office is a state government agency that works to advance the Governor's agenda in serving the people of New Jersey, taking care that the laws of New Jersey are faithfully executed. 3. As Deputy Chief of Staff for IGA, defendant was in a position to influence actions taken on behalf of the Governor's Office . 4. The position held by defendant at the Governor's O ffice as alleged in Paragraph One is a position of public - 2 - MER-L-002776-17 12/29/2017 3:41:27 PM Pg 3 of 10 Trans ID: LCV2017721835 office or employment within the meaning of N.J.S.A. 2C:51-2. On May 1, 2015, a federal Grand Jury returned an 5. indictment, Criminal No. 15-193 (SDW) , against defendant and co- defendant William E. Baroni, Jr. , charging them with the f ollowing crimes: (1) conspiracy to obtain by fraud, knowingly convert, and intentionally misapply property of an organization (2) receiving federal benefits, in violation of 18 U.S.C. § 371; obtaining by fraud, knowingly converting, and intentionally misapplying property of an organization receiving federal benefits, in violation of 18 U.S.C. § 2; (3) § 666 (a) (1) (A) and 18 U.S.C. conspiracy to commit wire fraud, in violation of 18 (4) four counts of wire fraud, in violation of 18 U.S.C. ~ 1343; U.S.C. ~ 1343 and 18 U.S.C. (5) ~ 2; rights, in violation of 18 U.S.C. conspiracy against civil § 241; and (6) civil rights, in violation of 18 U.S.C. deprivation of ~ 242 and 18 U.S.C. § 2. ( Exhibit A and C ) . 6. On November 4, 2016, a federal jury convicted defendant on all counts. (Exhibits B and D) On March 29, 2 017, defendant was sentenced to an aggregate term of 18 months in prison with one year of supervised release, fines of $2,800, and restitution of $14,314.04. 7. (Exhibits E and F) . The crimes set forth in the federal indictment, and to which defendant was convicted, are crimes of dishonesty, and are crimes of the third degree or above under New Jersey law. also are crimes that involved and touched upon defendant's - 3 - They MER-L-002776-17 12/29/2017 3:41:27 PM Pg 4 of 10 Trans ID: LCV2017721835 position as Deputy Executive Director of 8. the Port Authority. Copies of the federal indictment Copies of the f ederal information and defendant's guilty -verdict sheet are included as State's Exhibits A and B, respectively. Also enclosed is a copy of the United States Attorney's Office, District of New Jersey press releases, as State's Exhibit C, D, and E, and defendant's sentencing order, as State's Exhibit F, respectively. 9. N.J.S.A. 2C:51-2a provides that a person holding any public office or position under the government of this State or any political subdivision thereof who is convicted of an offense shall forfeit such office or position if ( 1) He is convicted under the laws of this State of an offense involving dishonesty or o f a crime of the third degree or above or of the United States of under the laws an offense or a crime which, if committed in this State, would be such an offense or crime ; [or] He is convicted of an offense involving ( 2) or touching such office, position or employment[ . ] Furthermore, regarding persons convicted of a crime involving or touching upon his or her office or position, N.J. S.A . 2C:51-2d provides that: In addition to the punishment prescribed for the offense, and the forfeiture set forth in subsection a. of N.J.S. 2C:51-2, any person convicted of an offense involving or touching on his public office, position or employment shall be forever disqualified f rom holding any office or position of - 4 - MER-L-002776-17 12/29/2017 3:41:27 PM Pg 5 of 10 Trans ID: LCV2017721835 honor, trust or profit under this State or any of its administrative or political As used in this subsection, subdivisions. "involving or touching on his public office, position or employment" means that the o ffense was related directly to the person's performance in, or circumstances flowing f rom, the specific public office, position or employment held by the person. N.J.S.A. 2C:51-2b indicates that an order of forfeiture shall be entered pursuant to subsection (a) : Attorney ( 2 ) [u] pon application of the General, when the forfeiture is based upon a conviction of an offense under the laws An order of of the United States. . f orfeiture pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of f act or pled guilty to the offense. Finally, N.J.S.A. 43:1-3.1a provides that a person holding any public office or position under the government of this State or any political subdivision thereof, who is convicted of any enumerated crime as set forth in subsection (b) , or who is convicted under the laws of the United States of an offense that is "substantially similar" to the crimes enumerated in N.J.S.A. 4 3:1-3.1b, which would have been such a crime under the laws of this State, and which involved or touched upon such office or position, shall forfeit all of the pension or retirement benefit earned as a member of any S tate or locally -administered pension fund or retirement system in which he participated at the time of the commission o f the offense and which covered the office, position or employment involved in the o ffense . - 5 - MER-L-002776-17 12/29/2017 3:41:27 PM Pg 6 of 10 Trans ID: LCV2017721835 10. The crimes for which defendant was convicted constitute offenses involving dishonesty and are also equivalent to at least third-degree crimes under New Jersey law. t o N.J.S.A. 2C:51-2a(1) , Pursuant (2) , and 2b(2) , defendant has thus f orfeited any public positions held by her as of November 4, 2 016, the day she was convicted of her crimes. 11. Moreover, under N.J.S.A. 2C:51-2d, defendant is f orever disqualified from holding any office or position of honor, trust, or profit under this State or any of its administrative or political subdivisions because the crimes for which she was convicted involved or touched upon her position as Deputy Chief of Staff for IGA. 12. Furthermore, because defendant's federal convictions constitute crimes substantially similar to the crimes enumerated under N.J.S.A. 43:1-3.1b, e•g• , theft by deception (N.J.S.A. 2C:20-4) , threats and other improper influence in official and political matters (N.J.S.A. 2C:27-3) , and official misconduct (N.J.S.A. 2C:30-2) , defendant, pursuant to N.J.S.A. 43:1-3.1a, has forfeited all pension or retirement benefits earned as a member of any State or locally administered pension fund or retirement system in which she participated at the time of the c ommission of her crimes and which covered her position as Deputy Chief of Staff for IGA. WHEREFORE, the State demands judgment against defendant declaring that because of her federal convictions she has - 6 - MER-L-002776-17 12/29/2017 3:41:27 PM Pg 7 of 10 Trans ID: LCV2017721835 forfeited any public position she holds, that she may no longer exercise the powers and privileges of those positions, that she may no longer receive any compensation or payment of any kind in c onnection with those positions, that she is forever disqualified from holding any office or position of honor, trust, or profit under this State or any of its administrative or political subdivisions, and that she has forfeited all pension or retirement benefits earned as a member of any State or locally administered pension fund or retirement system in which defendant participated at the time of the commission of her crimes and which covered her position as Deputy Chief of S taff for IGA. CHRISTOPHER S. PORRINO ATTORNEY GENERAL OF NEW JERSEY ATTORNEY FOR PLAINTIFF -STATE OF NEW JERSEY BY: Steven A. Yomtov Deputy Attorney General Dated: December 29, 2017 - 7 - MER-L-002776-17 12/29/2017 3:41:27 PM Pg 8 of 10 Trans ID: LCV2017721835 VERIFICATION STATE OF NEW JERSEY: SS COUNTY OF MERCER Steven A. Yomtov, of full age, being duly sworn according to law upon his oath deposes and says: 1. I am employed as a Deputy Attorney General with the Division of Criminal Justice, Appellate Bureau. 2. I have read the foregoing complaint. I have personal knowledge of the facts and allegations contained in the complaint based on my research and review of the law and the c ourt documents in this matter. 3. The foregoing statements are true to the best of my knowledge, information, and belief. I understand that I may be punished if I have made any false statement willfully. S teven A. Yomtov Deputy Attorney General Sworn to and subscribed before me this 29th day ecem er, 2 017 . of c I. Bornstein an' An Attorney -at -Law of New Jersey MER-L-002776-17 12/29/2017 3:41:27 PM Pg 9 of 10 Trans ID: LCV2017721835 CERTIFICATION S teven A. Yomtov certifies as follows: 1. I am a Deputy Attorney General of the Division of Criminal Justice, Appellate Bureau. 2. On November 4, 2016, before U.S. District Judge Susan D . Wigenton, a federal jury convicted defendant Bridget Anne (1) conspiracy to obtain by Kelly of the following crimes: f raud, knowingly convert, and intentionally misapply property of an organization receiving federal benefits, in violation of 18 (2) obtaining by fraud, knowingly converting, and U.S.C. ~ 371; intentionally misapplying property of an organization receiving f ederal benefits, in violation of 18 U. S . C. § 666 (a) (1) (A) and 18 U.S.C. ~ 2; (3) conspiracy to commit wire fraud, in violation o f 18 U.S.C. § 1343; (4) four counts of wire fraud, in violation o f 18 U.S.C. § 1343 and 18 U.S.C. ~ 2; (5) conspiracy against civil rights, in violation of 18 U.S.C. ~ 241; and (6) deprivation of civil rights, in violation of 18 U.S.C. ~ 242 and 18 U.S.C. ~ 2. 3. (Exhibits A, B, and D) . On March 29, 2017, defendant was sentenced to an aggregate term of 18 months in prison, with one year of supervised release, fines of $2,800, and restitution of $14,314.04. (Exhibits E and F) . - 1 - MER-L-002776-17 12/29/2017 3:41:27 PM Pg 10 of 10 Trans ID: LCV2017721835 4. The foregoing statements are true to the best of my knowledge, information, and belief . I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment. ~_----' t S teven A. Yomtov Deputy Attorney General Dated: December 29, 2017 - 2 - MER-L-002776-17 12/29/2017 3:41:27 PM Pg 1 of 27 Trans ID: LCV2017721835 ~u~e~i~~ ~~u~t ~of ,~~~i ~l~r~~p LAW DIVISION MERCER COUNTY DocxET No. MER-LCIVIL ACTION STATE OF NE[nT JERSEY, Plaintiff, v. BRIDGET ANNE KELLY, Defendant. BRIEF AND EXHIBITS IN SUPPORT OF ORDER TO SHOW CAUSE SEEKING FORFEITURE OF PUBLIC OFFICE AND POSITION, PERMANENT DISQUALIFIATION FROM ANY FUTURE POSITION OF HONOR, TRUST, OR PROFIT, AND FORFEITURE OF PENSION OR RETIREMENT BENEFITS AND VERIFIED COMPLAINT IN LIEU OF PREROGATIVE WRIT CHRISTOPHER S. PORRINO ATTORNEY GENERAL OF NEW JERSEY ATTORNEY FOR PLAINTIFF STATE OF NEW JERSEY RICHARD J. HUGHES JUSTICE COMPLEX TRENTON, NEW JERSEY 08625 STEVEN A. YOMTOV — ATTY NO. 059141994 SARAH D. BRIGHAM — ATTY NO. 184902016 DEPUTY ATTORNEYS GENERAL DIVISION OF CRIMINAL JUSTICE P .O. BOX 086 TRENTON, NEW JERSEY 08625 ( 609) 376-2400 yomtovs@nj dcj . org OF COUNSEL AND ON THE BRIEF MER-L-002776-17 12/29/2017 3:41:27 PM Pg 2 of 27 Trans ID: LCV2017721835 TABLE OF CONTENTS PAGE STATEMENT OF THE MATTER INVOLVED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1 LEGAL ARGUMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 T PnTNT BECAUSE DEFENDANT WAS CONVICTED OF CONSPIRING TO MISUSE, AND ACTUALLY MISUSING, PROPERTY OF AN ORGANIZATION RECEIVING FEDERAL BENEFITS, CONSPIRING TO COMMIT, AND ACTUALLY COMMITTING WIRE FRAUD, CONSPIRING TO INJURE AND OPPRESS CERTAIN INDIVIDUALS' CIVIL RIGHTS, AND ACTING UNDER COLOR OF LAW TO DEPRIVE CERTAIN INDIVIDUALS OF THEIR CIVIL RIGHTS, DEFENDANT HAS FORFEITED ANY PUBLIC OFFICE SHE CURRENTLY HOLDS . . . . . . . . . . . . . . . . . . . .4 TT UCITT~TT DEFENDANT MUST BE PERMANENTLY DISQUALIFIED FROM HOLDING ANY OFFICE OR POSITION OF TRUST, HONOR, OR PROFIT UNDER THIS STATE BECAUSE SHE WAS CONVICTED OF VIOLATING FEDERAL CRIMINAL LAW THAT INVOLVED OR TOUCHED UPON HER EMPLOYMENT AT THE DEFENDANT MUST ALSO GOVERNOR'S OFFICE. FORFEIT ALL PENSION OR RETIREMENT BENEFITS EARNED AS A MEMBER OF ANY STATE OR LOCALLY ADMINISTERED PENSION FUND OR RETIREMENT SYSTEM IN WHICH SHE PARTICIPATED AT THE TIME OF THE COMMISSION OF HER CRIMES AND WHICH COVERED HER POSITIONS AS DEPUTY CHIEF OF STAFF FOR IGA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 PC~TNT TTT DEFENDANT'S FORFEITURES ARE DEEMED TO HAVE TAKEN EFFECT WHEN SHE WAS CONVICTED IN FEDERAL COURT ON NOVEMBER 4, 2016 . . . . . . . . . . . . . . . . . . .23 CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 i MER-L-002776-17 12/29/2017 3:41:27 PM Pg 3 of 27 Trans ID: LCV2017721835 EXHIBIT LIST Federal Indictment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Exhibit A Jury Verdict Sheet, filed November 4, 2016 . . . . . . . . . . . . .Exhibit B United States Attorney's Office, District of New Jersey Press Release, dated May 1, 2015 . . . . . . . . . . .Exhibit C United States Attorney's Office, District of New Jersey Press Release, dated November 4, 2016 . . . . . .Exhibit D United States Attorney's Office, District of New Jersey Press Release, dated March 29, 2017 . . . . . . . .Exhibit E Sentencing Order, filed March 30, i i 2017 . . . . . . . . . . . . . . . . .Exhibit F MER-L-002776-17 12/29/2017 3:41:27 PM Pg 4 of 27 Trans ID: LCV2017721835 STATEMENT OF THE MATTER INVOLVED At all relevant times, defendant Bridget Anne Kelly was an employee of the Office of the Governor of the State of New Jersey (the "Governor's Office") , serving as the Deputy Chief of S taff for Legislative and Intergovernmental Affairs ("IGA") . ( Exhibits A, C, D, and E) The position defendant held was a position of public office within the meaning of N.J.S.A. 2C:512. On November 4,2016, before U.S. District Judge Susan D. Wigenton, a federal jury convicted defendant of the following crimes: (1) conspiracy to obtain by fraud, knowingly convert, and intentionally misapply property of an organization receiving f ederal benefits, in violation of 18 U.S.C. § 371; (2) obtaining by fraud, knowingly converting, and intentionally misapplying property of an organization receiving federal benefits, in violation of 18 U.S.C. § 666 (a) (1) (A) and 18 U.S.C. ~ 2; (3) c onspiracy to commit wire fraud, in violation of 18 U.S.C. ~ 1343; (4) four counts of wire fraud, in violation of 18 U.S.C. ~ 1343 and 18 U. S.C. § 2; (5) conspiracy against civil rights, in violation of 18 U.S.C. § 241; and (6) deprivation of civil rights, in violation of 18 U.S.C. § 242 and 18 U.S.C. § 2. ( Exhibits A, B, and D) On March 29, 2017, defendant was sentenced to an aggregate term of 18 months in prison, with one year of supervised release, fines of $2,800, and restitution of -1- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 5 of 27 Trans ID: LCV2017721835 $14,314,04. (Exhibits E and F) . The State of New Jersey now applies for an Order to Show Cause requiring defendant to show cause why an Order should not be entered under N.J.S.A. 2C:51-2 that, by reason of her federal convictions, she has been permanently and forever disqualified f rom holding a position of public trust, honor, or profit under the government of this State and any of its administrative or political subdivisions, and therefore must forfeit any public office or position she now holds or did hold. In addition, because defendant's crimes are substantially similar to crimes enumerated under N.J.S.A. 43:1-3.1b and involved or touched upon her public office or position, she, pursuant to N.J.S.A. 43:1-3.1a, has also forfeited all pension or retirement benefits earned as a member of any State or locally administered pension fund or retirement system in which she participated at the time of the commission of her crime and which covered her position as the Deputy Chief of Staff for IGA or any other public position(s~ that her crimes involved or touched. The State also asks that the Court require defendant to declare any public positions or employment that she may currently hold and any membership in any State or locally administered pension funds) or retirement systems) in which she participated at the time of the commission of her crimes, - 2- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 6 of 27 Trans ID: LCV2017721835 and which covered her position as Deputy Chief of Staff for IGA or covered any other public positions) for which her crimes involved or touched so that those positions and pension funds) or retirement benefits are also forfeited. - 3- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 7 of 27 Trans ID: LCV2017721835 LEGAL ARGUMENT r~~~- rTm T BECAUSE DEFENDANT WAS CONVICTED OF CONSPIRING TO MISUSE, AND ACTUALLY MISUSING, PROPERTY OF AN ORGANIZATION RECEIVING FEDERAL BENEFITS, CONSPIRING TO COMMIT, AND ACTUALLY COMMITTING WIRE FRAUD, CONSPIRING TO INJURE AND OPPRESS CERTAIN INDIVIDUALS' CIVIL RIGHTS, AND ACTING UNDER COLOR OF LA4J TO DEPRIVE CERTAIN INDIVIDUALS OF THEIR CIVIL RIGHTS, DEFENDANT HAS FORFEITED ANY PUBLIC OFFICE SHE CURRENTLY HOLDS. On November 4, 2016, a federal jury convicted defendant of the following crimes: (1) conspiracy to obtain by fraud, knowingly convert, and intentionally misapply property of an organization receiving federal benefits, in violation of 18 (2) obtaining by fraud, knowingly converting, and U.S.C. ~ 371; intentionally misapplying property of an organization receiving f ederal benefits, in violation of 18 U.S.C. 18 U.S.C. ~ 2; § 666 (a) (1) (A) and (3) conspiracy to commit wire fraud, in violation (4) four counts of wire fraud, in violation o f l8 U.S.C. ~ 1343; o f 18 U.S.C. ~ 1343 and 18 U.S.C. ~ 2; civil rights, in violation of 18 U.S.C. (5) conspiracy against § 241; and (6) deprivation of civil rights, in violation of 18 U.S.C. § 242 and 18 U.S.C. § 2. (Exhibits A, B, and D) On March 29, 2017, defendant was sentenced to an aggregate term of 18 months in prison, with one year of supervised release, fines of $2,800, and restitution of $14,314.04. (Exhibits E and F) . MER-L-002776-17 12/29/2017 3:41:27 PM Pg 8 of 27 Trans ID: LCV2017721835 Defendant's federal convictions should automatically trigger the obligatory forfeiture of her public -office positions in New Jersey for two reasons. First, her federal convictions include crimes of dishonesty and are equivalent to State crimes o f the third degree or higher. Second, defendant's federal convictions also directly involved or touched upon her position as Deputy Chief of Staf f for IGA. N.J.S.A. 2C:51-2 provides in relevant part: A person holding any public office, a. or elective employment, or position, this the government of under appointive, S tate or any agency or political subdivision an offense who is convicted of thereof, if or position shall forfeit such office He is convicted under the laws of this ( 1) S tate of an offense involving dishonesty or o f a crime of the third degree or above or the United States of under the laws of an offense or a crime which, if committed in this State, would be such an offense or crime; [or] ( 2) He is convicted of an offense involving or position office, such touching or employment; *** A court of this State shall enter an b. order of forfeiture pursuant to subsection a. . *** the Attorney Upon application of ( 2) upon a based is General, when the forfeiture conviction of an offense under the laws of of An order the United States. - 5- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 9 of 27 Trans ID: LCV2017721835 forfeiture pursuant to this paragraph shall be deemed to have taken effect on the date the person was found guilty by the trier of f act or pled guilty to the offense. Here, defendant's federal convictions for conspiring to misuse, and actually misusing, property of an organization receiving federal benefits and conspiring to commit, and actually committing, wire fraud, constitute, but are not limited to, the State crimes of theft by deception (N.J.S.A. 2C:20-4) , threats and other improper influence in official and political matters (N.J.S.A. 2C:27-3) , and official misconduct (N.J.S.A. 2C:30-2) , are crimes of the third degree or greater under State law, and are also crimes of dishonesty. An order of forfeiture, pursuant to N.J.S.A. 2C:51-2, is thus warranted in this case. McCann v. Clerk of the City of Jersey City, 167 N.J. 311, 320-21 ( 2001) . " [F] orfeiture shall take effect at the time a State employee pleads guilty or is found guilty of either an offense covered by 2C:51-2a(1)" (i.e. , a crime involving dishonesty or o f the third degree or greater) , or "an offense involving or touching employment," covered by N.J.S.A. 2C:51-2a(2) Youth Correc. Inst. , 119 N.J. 256, 264-65 v . Timoldi, 277 N.J. Super. 297, 300 Moore v. (1990) ; accord State (App. Div. 1994) ("N.J.S.A. 2 C:51-2 gives advance notice to all public servants, elected and appointed, that conviction of a crime of the third degree or MER-L-002776-17 12/29/2017 3:41:27 PM Pg 10 of 27 Trans ID: LCV2017721835 higher will serve to terminate their public office or employment.") , certif. denied, 142 N.J. 449 (1995) . A conviction will trigger forfeiture regardless of any mitigating circumstances a defendant offers. Tanelli, 194 N.J. Super. 492, 497 Id. ; Matter of (App. Div. ) , certif. denied, 9 9 N.J. 181 (1984) ; see also McCann, 167 N.J. at 322 ("`When the infraction [casts] a shadow over the employee as to make his or her continued service to appear incompatible with the traits of trustworthiness, honesty, and obedience to law and order, then f orfeiture is appropriate."' ) (quoting Moore , 119 N.J. at 270) . "While the sanction of forfeiture is seemingly harsh, it codifies a long-standing policy against retention of offenders in government service." ( App. Div. 1992) State v. Lee, 258 N.J. Super. 313, 317 " [T] he forfeiture statute reflects a belief that `the circumstances surrounding a criminal conviction bear directly on an employee's competency and capacity to do his or her j ob or to perform any other j ob for the State . ' " Timoldi, 2 77 N.J. Super. at 300 (quoting Moore, 119 N.J. at 271) ; see Cedeno v. Montclair State Univ. , 163 N.J. 473, 477 (2000) . Thus, a criminal conviction pertaining to dishonest conduct automatically compels forfeiture of public office. Hamm, 121 N.J. 109, 125 See State v. (1990) ; Lee , 258 N.J. Super. at 317. The New Jersey forfeiture statute "reflect [s] a legislative determination governing the standards of conduct to be observed - 7- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 11 of 27 Trans ID: LCV2017721835 by those who serve the public, as a condition to continued employment." Timoldi, 277 N.J. Super. at 299. The forfeiture s tatute is construed by New Jersey courts to advance the objective of protecting the "public, not the offender." 163 N.J. at 478. Cedeno, Therefore, because defendant's federal convictions are crimes of dishonesty and are equivalent to State crimes of the third degree or higher, she has forfeited any public position she holds. In addition, defendant's federal convictions directly involved or touched upon her position as Deputy Chief of Staff f or IGA. As set forth in the federal indictment, of which a f ederal jury convicted defendant on all counts, from in or about August 2013 to in or about December 2013, defendant conspired with William Baroni, Deputy Executive Director of the Port Authority of New York and New Jersey (the "Port Authority") , David lnTildstein, Director of Interstate Capital Projects for the Port Authority, and others to punish Mark ►T. Sokolich, Mayor of Fort Lee, for not endorsing Governor Chris Christie for reelection in November 2013. (Exhibit A) . In addition, defendant's federal convictions directly involved or touched upon her position as Deputy Chief of Staff f or Legislative and Intergovernmental Affairs (the "IGA") for the Office of the Governor of New Jersey (the "Governor's Office") As set forth in the federal indictment, of which a MER-L-002776-17 12/29/2017 3:41:27 PM Pg 12 of 27 Trans ID: LCV2017721835 federal jury convicted defendant on all counts, defendant conspired with William E. Baroni, Jr. , the Port Authority's Deputy Executive Director, David Wildstein, Director of Interstate Capital Projects for the Port Authority, and others to "punish" Mark J. Sokolich, Mayor of Fort Lee, after Sokolich did not endorse Governor Chris Christie for reelection in November 2013. (Exhibit A, at 5, 7) or about August 2013, More specifically, "[i]n defendant Baroni, defendant Kelly, and others, including Wildstein (the `Conspirators' ) decided to punish Mayor Sokolich by deliberately causing significant traffic problems in Fort Lee through a reduction in the number o f the Local Access Lane — all under the false pretense of a traffic study." Id. at 5. The federal indictment further sets forth the following f acts: "On August 13, 2013, having confirmed that Mayor Sokolich would not be endorsing Governor Christie for reelection, defendant Kelly instructed Wildstein by email to implement their plan to punish Mayor Sokolich: in Fort Lee."' responding, Id. at 7. `Time for some traffic problems "Wildstein acknowledged his assent by `Got it, ' and communicated defendant Kelly's instruction to defendant Baroni." Ibid. "Defendant Baroni agreed that Wildstein should use the Local Access Lanes and the t ime and services of Port Authority personnel to cause traffic '~ MER-L-002776-17 12/29/2017 3:41:27 PM Pg 13 of 27 Trans ID: LCV2017721835 problems in Fort Lee." Id. at 7-8. "Between the mornings of September 9, 2013 and September 13, 2013, the Conspirators caused the Local Access Lanes to be r educed from three to one so that only one toll booth, instead o f the usual three,, was accessible to the Local Approach." at 5-6. Id. "To maximize the congestion and thus the punitive impact on Mayor Sokolich, the Conspirators caused the lane and toll booth reductions to start on the first day of the school year in Fort Lee, without any advance notice to Mayor Sokolich, the Fort Lee Chief of Police, and the residents of Fort Lee." Id. at 6. "The lack of advance notice would prevent Fort Lee officials, including Fort Lee police officers, from preparing f or the changes, and would keep Fort Lee residents and GWB c ommuters from altering their routes." Id. at 9. "On the morning of Monday, September 9, 2013, as defendant Baroni, defendant Kelly, and Wildstein intended, the lane and toll-booth reductions caused significant traffic congestion for motorists traveling within Fort Lee." Id. at 12. "The c ongestion resulting from the reductions also spoiled a legitimate Port Authority traffic study at Center and Lemoine Avenues in Fort Lee, which caused the Port Authority to repeat the study." Ibid. " To minimize the risk of detection or leaks, defendant Baroni, defendant Kelly, and Wildstein agreed that Port -10- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 14 of 27 Trans ID: LCV2017721835 Authority personnel would be given short notice to implement the Even though they had agreed for lane and toll booth reductions. some time to start the reductions on Monday, September 9, 2013, at 6:00 a.m. — in time for the morning rush hour — Wildstein, with the agreement of defendant Baroni and defendant Kelly, purposely waited until Friday, September 6, 2013, to order Port Authority personnel to implement the reductions." Id. at 10. "To enhance the effectiveness of their scheme, the Conspirators decided that any questions about the lane and tollbooth reductions from Mayor Sokolich and other Fort Lee o fficials would be disregarded." Ibid. "To that end, the Conspirators purposely ignored communications from Mayor Sokolich, including his pleas for help, requests for information, and repeated warnings about the increased risks to public safety." Ibid. For example, "[within hours of the lane and toll booth reductions, defendant Baroni received an email that Mayor Sokolich had called `re: urgent matter of public safety in Fort Lee. ' Defendant Baroni forwarded the email to Wildstein, who responded by sending an email reiterating that defendant Baroni should not respond: `radio silence. ' As defendant Baroni, defendant Kelly, and wildstein had agreed, defendant Baroni refused to contact or reply to Mayor Sokolich." Id. at 12. Also, on September 9, 2013, defendant Baroni and wildstein -11- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 15 of 27 Trans ID: LCV2017721835 "refused to contact Mayor Sokolich or the Fort Lee Chief of Police" after receiving an email from a Port Authority employee referencing "2 incidents that Ft Lee PD and EMS had difficulty responding to a missing-child (later found) and a cardiac arrest." Id. at 13. "On September 12, 2013, defendant Baroni received by email a letter from Mayor Sokolich that was marked "PERSONAL." 16. Id. at In that letter, Mayor Sokolich stated, "Without any notice whatsoever to Fort Lee (or any of its agencies, including our Police Department) , the Port Authority reduced the available toll booths for traffic flowing through Fort Lee from three to one. Suffice it to say, this decision has wreaked havoc upon our community during the morning rush hour, visiting upon us complete gridlock." Id. at 16. In that same letter, Mayor Sokolich stated, "Our emergency service vehicles are experiencing tremendous response time delays and my office is overwhelmed with complaints. Unquestionably, this decision has negatively impacted public safety here in Fort Lee. " ( emphasis in original) . Id. at 17 "As defendant Baroni, defendant Kelly, and Wildstein had agreed, defendant Baroni deliberately ignored and refused to respond to Mayor Sokolich's letter, despite its explicit reference to issues of public safety and `complete gridlock."' Ibid. " Throughout the course of the conspiracy, the Conspirators -12- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 16 of 27 Trans ID: LCV2017721835 concocted and promoted a sham story that reducing the number of lanes and toll booths accessible to the local approach was for a traffic study." Id. at 6. "They created and continually advanced this cover story so that they could use Port Authority property, including the time and services of unwitting Port Authority personnel and other resources, to implement the lane and toll booth reductions and to conceal [their] purpose." true punitive Ibid. "On the morning of September 13, 2013, defendant Baroni, among others, received an email from the Executive Director announcing that he had learned about and was ending the lane and toll booth reductions." Id. at 19. "The Executive Director explained that he was doing so because, among other reasons: (A) the lane and toll booth reductions had been implemented without notifying Fort Lee, the commuting public, Media Relations, or the Executive Director; and (B) the lane and toll booth reductions had engulfed the entire Fort Lee area in severe traffic delays and had resulted in delays to emergency vehicles." Ibid. "After sending this email, the Executive Director copied defendant Baroni on an email that he sent to the head of Media Relations, asking how the Port Authority could inform the public that the lane and toll booth reductions had ended." Ibid. Defendant Baroni emailed the Executive Director that they - 13- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 17 of 27 Trans ID: LCV2017721835 `needled] to discuss prior to any communications' and that [ t] here can be no public discourse . "' Ibid. "Later that day, defendant Baroni met with the Executive Director on two occasions. Defendant Baroni demanded that the Executive Director immediately reinstate the lane and toll booth reductions because the reductions were important to `Trenton. ' The Executive Director refused defendant Baroni's demand." Id. at 19-20. "Also on September 13, 2013, in response to a media inquiry about the lane and toll booth reductions and the resulting traffic in Fort Lee, defendant Baroni and Wildstein drafted, approved, and caused Media Relations to issue a second false and misleading media statement: `The Port Authority has conducted a week of study at the George Washington Bridge of traffic safety patterns. We will now review those results and determine the best traffic patterns at the G[nTB. V1e will continue to work with our local law enforcement partners." Id. at 20. "After the lane and toll booth reductions ended, defendant Baroni, defendant Kelly, and [nTildstein continued their agreement t o use Port Authority resources to advance their cover story. They also agreed that defendant Baroni would continue to continue to respond with deliberate silence to Mayor Sokolich's requests for an explanation of the reductions." Ibid. "On September 16, 2013, in response to another media -14- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 18 of 27 Trans ID: LCV2017721835 inquiry, defendant Baroni instructed Media Relations to re -issue the same false and misleading media statement that he and wildstein had drafted and approved on Friday, September 13, 2 013." Ibid. "After the lane and toll booth reductions ended, defendant Baroni and Wildstein discussed obtaining Port Authority traffic data to assist them in further developing the fiction that the reductions had been for a traffic study. On September 24, 2013, pursuant to that discussion, Wildstein obtained Port Authority traffic data from a Port Authority employee." Id. at 22. "In or about November 2013, with defendant Kelly's knowledge defendant Baroni and Wildstein prepared a misleading written statement for a Port Authority report that would falsely represent that the reductions were for a traffic study. To prepare that written statement, defendant Baroni and Wildstein improperly used Port Authority resources, including the time sand services of Port Authority personnel." Ibid. "On November 20, 2013, defendant Baroni was invited to testify on November 25, 2013 before the Assembly Transportation Committee, which was investigating the lane and toll booth reductions. As a result, with defendant Kelly's knowledge, defendant Baroni and Wildstein converted the draft of the false and misleading written statement into defendant Baroni's prepared opening testimony." Ibid. -15- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 19 of 27 Trans ID: LCV2017721835 "On November 22, 2013, while preparing for his upcoming t estimony, defendant Baroni had conversations with two PAPD o fficers, during which defendant Baroni sought to enlist their assistance in falsely corroborating that the PAPD had suggested a traffic study of the Local Access Lanes. Both PAPD officers told defendant Baroni that the PAPD had had no such involvement." Ibid. "On November 25, 2013, defendant Baroni appeared before the Assembly Transportation Committee and, with the knowledge and agreement of defendant Kelly and Wildstein, provided false and misleading testimony about the lane and toll booth reductions. During his testimony, defendant Baroni knowingly and intentionally made the following misleading statements and false representations, among others: (A) Communications between members of the PAPD and Wildstein triggered the lane and toll booth reductions[;] (B) The lane and toll booth reductions were part of a one -week traffic study [; and] (C) The failure to c ommunicate with Fort Lee and the Executive Director was simply the result of communication breakdowns at the Port Authority." Id. at 22-23. "On November 25, 2013, defendant Baroni, defendant Kelly, and Wildstein caused public statements to be prepared by others in support of defendant Baroni's testimony before the Assembly Transportation Committee." Id. at 23. -16- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 20 of 27 Trans ID: LCV2017721835 Because defendant was found guilty of crimes of dishonesty of the third degree or higher under equivalent State law and her f ederal convictions directly involved or touched upon her position as Deputy Chief of Staff for IGA, she has forfeited her employment. N.J.S.A. 2C:51-2a(1) . She must immediately forfeit any public office and position she now holds, and is permanently barred from holding such office in the future. 2d; see Point II, infra . N.J.S.A. 2C:51- In addition, defendant must forfeit all pension or retirement benefits earned as a member of any S tate or locally administered pension fund or retirement system in which she participated at the time of the commission of her crimes and which covered her position as Deputy Chief of Staff f or IGA. N.J.S.A. 43:1-3.1a; see Point II, infra. - 17- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 21 of 27 Trans ID: LCV2017721835 D(1TT~TT TT DEFENDANT MUST BE PERMANENTLY DISQUALIFIED FROM HOLDING ANY OFFICE OR POSITION OF TRUST, HONOR, OR PROFIT UNDER THIS STATE BECAUSE SHE WAS CONVICTED OF VIOLATING FEDERAL CRIMINAL LAW THAT INVOLVED OR TOUCHED UPON HER EMPLOYMENT AT DEFENDANT THE GOVERNOR'S OFFICE. MUST ALSO FORFEIT ALL PENSION OR RETIREMENT BENEFITS EARNED AS A MEMBER OF ANY STATE OR LOCALLY .ADMINISTERED PENSION FUND OR RETIREMENT SYSTEM IN WHICH SHE PARTICIPATED AT THE TIME OF THE COMMISSION OF HER CRIMES AND G~THICH COVERED HER POSITIONS AS DEPUTY CHIEF OF STAFF FOR IGA. Defendant was convicted in federal court of conspiring to misuse, and actually misusing, property of an organization receiving federal benefits; conspiring to commit, and actually committing, wire fraud; conspiring to injure and oppress certain individuals' civil rights; and acting under color of law to deprive certain individuals of their civil rights. Defendant's crimes plainly involve or touch upon her public -office position because a "direct and substantial relationship" existed between her federal crimes and her position as Deputy Chief of Staff for IGA, especially since she committed these crimes while serving in, and because of, her capacity in this position. Defendant, as Deputy Chief of Staff for IGA, was in a position to influence, and did influence, actions taken on behalf of this public state agency. See McCann v. Clerk of the City of Jerse City, 167 N.J. 311, 323 (2001) ; Moore v. Youth Correc. Inst. , MER-L-002776-17 12/29/2017 3:41:27 PM Pg 22 of 27 Trans ID: LCV2017721835 (1990) ; State v. Williams , 355 N.J. Super. 119 N.J. 256, 270 5 79, 589-90 (App. Div. 2002) ; see Point I, supra . The facts set forth in the federal indictment are discussed in Point I, supra. The State incorporates that discussion herein by reference. Clearly, there is a "nexus between" defendant's federal crimes and her position as Deputy Chief of Staff for IGA. permanent disqualification is warranted. Thus, See State v. Hupka, 2 03 N.J. 222, 232-33, 238-39 (2010) . Pursuant to N.J.S.A. 2C:51-2d: In addition to the punishment prescribed for the offense, and the forfeiture set forth in subsection a. of N.J.S. 2C:51-2, any person or involving an offense of convicted touching on his public office, position or disqualified forever shall be employment of position or office f rom holding any honor, trust or profit under this State or or political administrative its of any subdivisions. " [W]hen a person is convicted of an offense that `involves and touches' upon that person's public office, the obligatory f orfeiture of public employment provisions of N.J.S.A. 2C:51-2d are triggered." 24 In re Expungement Petition of D.H. , 204 N.J. 7, (2010) . The legislative intent in enacting N.J.S.A. 2C:51-2d was " `to preclude those who have once violated the public trust from [having] a second opportunity."' Cedeno v. Montclair State i %1 ~ MER-L-002776-17 12/29/2017 3:41:27 PM Pg 23 of 27 Trans ID: LCV2017721835 Univ. , 163 N.J. 473, 477 (quoting Pastore v. County of (2000) Essex, 237 N.J. Super. 371, 377 denied, 122 N.J. 129 (1990) ) . (App. Div. 1989) , certif. "Public interest demands that public affairs be administered by officers upon whom rest no s tigma of conviction of an offense involving crimes of the third degree or an offense touching upon his public office, position or employment." 3 05 State v. Musto, 187 N.J. Super. 264, (Law Div. 1982) , aff'd, 188 N.J. Super. 106 (App. Div. 1983) ; see also Ayars v. New Jersey Dep t of Corr. , 251 N.J. Super. 223, 228 (App. Div. 1991) . Moreover, [i] t is the public policy of this State that office, public any holding "person [s] avoid must " employment or n positio or offenses committing serious criminal acts their upon touch or involve which their sacrifice or duties, governmental This is a right to governmental employment. harsh response to a problem serious enough The purpose is to to j ustify the harshness . officials and corrupt miscreants prevent office. holding again f rom [ Cedeno, 163 N.J. at 478 (quoting Pastore , 2 37 N.J. Super. at 378-79) . ] Therefore, by reason of her federal convictions, which without any doubt involved or touched upon her position as Deputy Chief of Staff for IGA, defendant is forever disqualified f rom holding any office or position of trust, honor, or profit under this State or any of its administrative or political subdivisions. McCann, 167 N.J. at 320-23; cf. Hupka, 203 N.J. ~i~ MER-L-002776-17 12/29/2017 3:41:27 PM Pg 24 of 27 Trans ID: LCV2017721835 at 239 ("no relationship between defendant's employment as a police officer, the trappings of that office, or his work related connections, and the commission of the offense to which he pled guilty, or to his victim") . Additionally, as a further consequence of her federal convictions, defendant is subject to forfeiture of all pension or retirement benefits pursuant to N.J.S.A. 43:1-3.1a. Under that provision, a person holding any public office or position under the government of this State or any political subdivision thereof who is convicted of an offense enumerated in N.J.S.A. 4 3:1-3.1b, or of a substantially similar offense under the laws o f another state or the United States, which involved or touched upon such office or position, or pension the of all forfeit shall retirement benefit earned as a member of any State or locally -administered pension fund he which in system retirement or participated at the time of the commission o f the offense and which covered the office, the in involved employment or position . ffense o [N.J.S.A. 43:1-3.1a. ] "The court has no discretion to refrain from entering an order of pension forfeiture under the circumstances specified in N.J.S.A. 43:1-3.1." ( App. Div. 2011) . State v. Steele , 420 N.J. Super. 129, 134 When its conditions are met, "` [a] court of this State shall enter an order of pension forfeiture, ' upon a - 21- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 25 of 27 Trans ID: LCV2017721835 finding of guilt or entry of a guilty plea." Id. Because defendant has committed federal crimes that (1) involved or touched upon her position as Deputy Chief of Staff f or IGA and that (2) constitute, but are not limited to, the s tate crimes of theft by deception (N.J.S.A. 2C:20-4) , threats and other improper influence in official and political matters (N.J.S.A. 2C:27-3) , and official misconduct (N.J.S.A. 2C:30-2) , which are enumerated crimes under N.J.S.A. 43:1-3.1b, defendant has forfeited all of her pension or retirement benefits earned as a member of any State or locally administered pension fund or retirement system in which she participated at the time of the commission of these federal crimes and which covered her position as Deputy Chief of Staff for IGA. - 22- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 26 of 27 Trans ID: LCV2017721835 Dr1TTTT TTT DEFENDANT'S FORFEITURES ARE DEEMED TO HAVE TAKEN EFFECT WHEN SHE WAS CONVICTED IN FEDERAL COURT ON NOVEMBER 4, 2016. V~Then the Attorney General applies for and receives an order o f forfeiture based upon a federal conviction, that order is " deemed to have taken effect on the date the person was found guilty by the trier of fact or pled guilty to the offense." N.J.S.A. 2C:51-2b(2) f orfeiture. The same is true for defendant's pension N.J.S.A. 43:1-3.1c(2) . Should this Court order the forfeitures requested here, they all will be deemed effective as of November 4, 2016, when a f ederal jury convicted defendant of crimes involving dishonesty, which are equivalent to at least third-degree crimes under New Jersey law and which are substantially similar to crimes enumerated under N.J.S.A. 43:1-3.1b, e.g. , theft by deception (N.J.S.A. 2C:20-4) , threats and other improper influence in o fficial and political matters misconduct (N.J.S.A. 2C:27-3) , and official (N.J.S.A. 2C:30-2) . -23- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 27 of 27 Trans ID: LCV2017721835 CONCLUSION Therefore, the State seeks judgment declaring that under N.J.S.A. 2C:51-2, defendant Bridget Anne Kelly has forfeited any public position she now holds by reason of her convictions for violating federal criminal law, that she is forever disqualified f rom holding any office or position of trust, honor, or profit under this State or any of its administrative or political subdivisions, and has forfeited, pursuant to N.J.S.A. 43:1-3.1a, all pension or retirement benefits earned as a member of any State or locally administered pension fund or retirement system in which she participated at the time of the commission of her crimes and which covered her positions as Deputy Chief of Staff f or IGA . Respectfully submitted, CHRISTOPHER S. PORRINO ATTORNEY GENERAL OF NEW JERSEY ATTORNEY FOR PLAINTIFF STATE OF NEW JERSEY BY : ~ r---.-r~~ ` Steven A. Yomto Deputy Attorney General STEVEN A. YOMTOV - ATTY NO. 059141994 SARAH D. BRIGHAM - ATTY NO. 184902016 DEPUTY ATTORNEYS GENERAL DIVISION OF CRIMINAL JUSTICE OF COUNSEL AND ON THE BRIEF DATED: December 29, 2017 -24- _ .._. 1̀`~ 7 12/29/2017 3:Trans ID: LCV2017721835 EXHIBIT A MER-L-002776-17 12/29/2017 3:41:27 PM Pg 2 of 67 Trans ID: LCV2017721835 7~ r~ 1.~ ~~ ~~ ?014 RQ(}a2S11.N1CJR/VK/J FI/DE~ ~~~~ ~~ U~'VITED S'T'ATES DISTRICT ~(~URT DISTFtI~T OF NEW JE~SE~' ~~ ~ .ar ~~~._....,- UNITET~ STATES C7~~ AMERICA • v, ~~~ ~ ~ ~ Jf~ WILLIt~l~1 E. B~1.R(.~NZ, JR, and BRIDGET ANNE KELLY Hon. S„ S~,r-, ~ ~i ~ WI~.CI~M T~WAt~N ~~~ i~ Crim. No. 15~ (~ M 18 U.S.C. ~~ ?41, 24?, 371, d6b(a)~1){A}, 1343, 139, and 2. IN~DIC~'NIENT The ~irand Jury, i~~ end for the I,~istrict c~~'Ne~v Jersey, sitting at Newark, charges: ~UUNT 1 ~Cons~iracy to Q`btain by Fraud, Knowingly Convert, and ~ntentionaity IVlesa~ply Pr~~erty of an Or~anizatian Receiving; Federal Benefits) TE-{E DEFENDANTS l. During the time. perzod rel~:vant to Count I of the Indictment: A. T~efendant WILLI~Iv( E. BARONI, JR, ("defendant BARC~NI") was the Deputy Executive Director of the Part Authority of Ne~~v York and Ne~v Jersey (the "Port .fluthority"), its second l~ ;hest ranking executive. Defendant BARONI was appointed as the Deputy Executive Director by the Governor of the State of Ne~v Jersey, Christopher J. Christie, in or ~bQut February ?41U, and served in that position until his resignation on or about December 13, ?(~13, ~s the Deputy l :{ecutive Director of the Port .t~uthority, defendant B~I~OI'~I, ta~ether with the Executive Director ofthe Port ~~uthority (the "Executive Director"}, vas responsible for the general supervision of all. aspects of the Port Authority's business, including the operations of Port Authorit~~ trans~ortatic~n facilities. Dcfcnd~nt B~RONI u~as an agent o~ the Part authority, f~~ithin the meanin~' o~~ `1~itle 18 ~ United Stags Code, Section 666~d~~I~ ~ "~R~~~ ~~aTi~~ chi# `"~: ~"w~~+n anG foregoing is a tru,; and casrc~r pup}- ~•r the arigin~~l a~ file in my r~ifice. ATiEST (..l.,l-~ _ r W tL~.IAM 7. V~7~1LSH, Clerk Unitod Siatas District Cpurt District of ~w Jersey+ f %, ~~: r ~ ✓~ ; ✓'` " ~" C3e~uty C! ~...._.~_,.. MER-L-002776-17 12/29/2017 3:41:27 PM Pg 3 of 67 Trans ID: LCV2017721835 B. Defendant BRIDfiET ANNE KELLY {"defendant KELLY") was an employee of the Office of the Governor of the State of New Jersey (the "Governor's Office") and served as Deputy Chief of Staff for Legislative and Intergovernmental Affairs ("IGA") from in or about Apri12013 to an or abort January 9, 2014. Prior to that appointment, defendant KELLY was the Director of IGA, reporting to the previous Deputy Chief of Staff for IGA. QTHER INDIVIDUALS AND ENTITIES C. David Wildstein ("Wildstein") was the Director of Interstate Capital Projects for the Port Authority and an associate of defendant BARONI and defendant KELLY. In or about May 2010, defendant B.AR4NI hired Wildstein for his Port Authority position, which Wildstein held until his resignation from the Port Authority became effective on or about December 13, 2013. fiIotwithstanding riffs title, Wildstein operated as defendant BARONI's chief of staff and as the second highest ranking New Jersey executive at the Port Authority. Wildstein was an agent of the Port Authority, within the meaning of Title 18, United States Code. Section b66(d)(1}. D. The Port Authority was an organization that operated transportation and other facilities in New York and New Jersey. The Executive Director of the Port Authority was appointed by the Governor of New York, and the Deputy Executive Director ways appointed by the Governor of New Jersey. The Port Authority also had atwelve-person Board of Commissioners, six of whom were appointed by the Governor of New Jersey (including the Chairperson) and six of whom were appointed by the Governor of New York (including the Vice-Chairperson). E. During the period beginning January 1, 2013 tha-ough December 31, 2013, the Port Authority received benefits in excess of $10,000 under Federal programs involving E MER-L-002776-17 12/29/2017 3:41:27 PM Pg 4 of 67 Trans ID: LCV2017721835 grants, contracts, subsidies, loans, guaranties, insurance, or other forms of Federal assistance, within the meaning of Title 18, United States Code, Sections 666(b) and 66b(d)(5), F. The George Washington Bridge ("GWB") was a facility owned and operated by the Port Authority that spanned the Hudson River between the Borough of Manhattan in New York and the Borough of Fort Lee in New Jersey ("Fort Lee"). The GWB had both an upper level and a lower level, each of which served both eastbound traffic into New York and westbound traffic into IVew Jersey. Vehicles traveling eastbound from New Jersey into New York paid tolls at one of three toll plazas: {1) the lower level toll plaza; (2) the upper level toll plaza; and (3) the toil plaza for the Palisades Interstate Parkway, which also led to the upper level of the GWB. G. The upper level toll plaza had twelve toll booths, which the Port Authority owned and operated. During normal operations, some of the twelve toll booths were designated to accept payment using only the electronic toll collection system known as "E-Z Pass," and others, serviced by toll booth operators, were designated to accept cash and E-Z Pass. The twelve toll booths at the upper level toll plaza of the GWB received traffic fi-om two approaches: (1) what is known as the "Main Line," which included traffic from Interstate Highways 95 and 80, U.S. Route 46, and N.J. Route 4; and (2) an approach for local traffic traveling through the streets of Fort Lee (the "Local ~.~proach"), which included athree-lane access road leading only to the upper level toll plaza (thy "Local Access Lanes"). Traffic on the Main Line also fed into the ten toll booths at the lower level toll plaza of the GWB. H. ~'rior to September 9, 2013 and after September 13, 2013, during the weekday morning rush period from approximately 6 a.m. to 10 a.m. (also known as the "Peak Period"), the Port Authority typically used the three southernmost toll booths on the upper level toll plaza to handle the traffic traveling from the Local Access Lanes {the "Three Southernmost 3 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 5 of 67 Trans ID: LCV2017721835 Toll Booths"). Typically, during the Peak Period, one of the Three Southernmost Toll ~3ooths was designated only for E-Z Pass use, whine the other two toll booths ~Nere designated to accept both cash and E-Z Pass. During the F~ak Period, the Port Authority used traffic cones to segregate the traff c from the P~Iain Line from the traffic using the Local Access Lanes. Thy Local Access Lanes were not restricted to the exclusive use of the residents o#' Fort Lee. I. Mark J. Sokolich was the Mayor and a resident of Fort Lee ("Mayor J. Christopher J. Christie was the Governor of the State of New Jersey and a Sokolich"). candidate for reelection in the New Jersey gubernatorial election conducted on November 5, 2013 t"Governor Christie"). K. IGA was a component of the Governor's Office that monitored and faciiitat~ed the relationships be~ween the ~Govemor'~ (Jffice and New Jersey state and local officials. IGA emplo_y~d regional directors, each of whom was responsible for communicating with focal officials, including mayors, in a particular region in New Jersey. Prior to November S, 2013, certain IGA employees, including defendant I{ELLY, also played a role in see~Cing endorsements of Governor Christie's 2013 reelection from. elected officials in New Jersey. To that end, IC'rA's regional directors were instructed at times to invite clew JerS~y local officials who might endorse, or migh~ be persuaded to endorse, Governor Christie's reelection to functions associated with Gov~rrior Christie. These included sporting and entertainment events to which Governor Christie had ~~~;cess to tiickets a.nci events at Governor Christie's official state residence. One of the officials ~,~hose endorsement IGA employees sought was Mayor Sakolich, who received invita~ion5 too some; of those functions. 4 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 6 of 67 Trans ID: LCV2017721835 L. The New ~'ersey Assembly Transportation, Public Works, and Independent Authorities Committee (the "Assembly Transportation Committee") was a New Jersey state legislative committee that investigated certain activities related to the Port Authority. 2. From in or about August 2013 to in or about December 2013, in the District of New Jersey and elsewhere, defendants ,WILLIAM E. BAR~NI, JR. and BRID~rET ANNE KELLY knowingly and intentionally conspired and agreed with each other and others, including Wild~tein, to obtain by fraud, otherwise without authority knowingly convert to their use and the use of others, and intentionally misapply property owrsed by and under the care, custodyy and control of the Pert Authority, with a value of at least $5,000, contrary to Title 18, United States Code, Section 666(a}(1)(A). THE OF3JECT OF THE CONSPIRACY 3. The object of the conspiracy was to misuse Port Authority property to facilitate and conceal the causing of trai~ic problems in Fort Lee as punishment of Mayor Sokolich. SUMMARY OF THE CONSPIRACY 4. In or about August 2013, after defendant KELLY confirmed that Mayor Sokolich would not be endorsing Governor C~vristie for reelection in November 2013, defendant Bp.R~NI, defendant KELLY, and ethers, including Wildstein (the "Conspirators"), decided to punish Mayor ~okoiich by deli~~rately causing significant traffic problems in Fart Lee thrflugh a reduction in the number of the Local Recess Laney—all under the false pretense of a tr~c study. 5. Between the mc~rnin$s of September 9, 2013 and September 13, 2013, the Conspirators caused the Local Access Lanes to be reduced from three to one so that only one toll MER-L-002776-17 12/29/2017 3:41:27 PM Pg 7 of 67 Trans ID: LCV2017721835 booth, instead of the usual three, was accessible to the Local Approach. To maximize the congestion and thus the punitive impact nn I'~iayor Sokolich, the Conspirators caused these lane and toll booth reductions to start on the first clay of the school year in Fort Lee, without any advance notice to IVlayor Sokolich, the Fart Lee Chief of Police, and the residents of Fort Lee. Just as the Conspirators had intended, the lane and toll booth reductions resulted in significant traffic in Fort Lee, both for motorists intending to access the GWB from the Local Approach and for the residents of Fort Lee, whose streets were choked with tr~c backing up from the Local Approach. 6. To enhance the effectiveness of their scheme, the Conspirators decided that any questions about the lane and toll booth reductions from Mayor Sokolich and other Fort Lee officials would be disregarded. To that end, the Conspirators purposely ignored communications from Mayor Sokolich, including his pleas for help, ret~uests for information, and repeated warnings about the increased risks to public safety. 7. Throughout the course of the conspiracy, the Conspirators concocted and promoted a sham story that reducing the number of lanes and toll booths accessible to the Local Approach was far a traffic study. They created and continually advanced this cover story so that they could use Port Authority property, including the time and services of unwitting Port ~,,uthority personnel and other resources, to implement the lane and toll booth reductions and to conceal the Conspirators' true punitive puxpose. 6 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 8 of 67 Trans ID: LCV2017721835 MANNER ANI~ MEANS OF THE CONSPIRACY 8. To carry out the conspiracy and to effect its unlawful object, defendant BARONI, defendant KELLY, and others, including Wildstein, engaged in a variety of means and methods including, among others, those described below. 9. Between in or .about March 2011 and on or about August 12, 2013, Wildstein had separate discussions with defendant BARONI and defendant KELLY about how they could use the Local Access Lames as leverage against Mayor Sokolich. 10. Prior to on or about August 12, 2013, defendant KELLY expressed disappointment to Wildstein that Mayor Sol~olich was not likely to endorse Governor Christie, despite IGA employees' efforts to obtain that endorsement. In response, Wildstein told defendant KELLY that they could use the Local Access Lanes to cause traffic problems in Fort Lee whenever it would be advantageous to do sa. 11. On August 12, 2013, defendant KELLY telephoned an employee of Governor Christie's reelection campaign who previously, as an IGA employee, had sought Mayor Sokolich's endorsement (the "Campaign Employee"). Defendant KELLY asked the Campaign Employee to confirm that Mayor Sokolich would not be endorsing Governor Christie. After the Campaign Employee confirmed that information, defendant KELLY responded that it was all she needed to know. 12. On August 13, '2013, hiving confirmed that Mayor Sokotich would not be endorsing Governor Christie for reelection, defendant KELLY instructed Wildstein by email to implement their plan tc~ punish Mayor Sokolich: "Time for some traffic problems in Fort Lee." Wildstein acknowledged his assent by responding, "Got it," and communicated defendant KELLY's instruction to defendant BA~~I~ri. Defendant BARONI agreed that Wildstein should MER-L-002776-17 12/29/2017 3:41:27 PM Pg 9 of 67 Trans ID: LCV2017721835 use the Local Access Lanes and the time and services of Port Authority personnel to cause traffic problems in Fort Lei. 13. Soon thereafter, defendant KELLY confirmed for Wildstein that Mayor Sokolich was not endorsing Governor Christie fcr reelection and that the changes to the Local Access Lanes and resultant traff c probrems in Fort Lee would punish Mayor Sokoiich for not endorsing. Both defendant BARONI and ~ildstein agreed to use the lanes for that purpose. To maintain consistency in dealing with Ma~oX Sokolich, defendant. KELLY also conveyed to certain IGA employees that they should no longer interact with him. 14. Reflecting their punitive purpose, an August I9, 2013, defendant KELLY and ~Vildstein exchanged the following text messages regarding a rabbi, who, like Mayor Sokoli~h, had fallen into disfavor: 15. SOURCE TEXT, ~'~'ILDSTEIN CALL "A~-~d he [the rabbi] has uificially pissed ❑1~ off' KELLY CELL "Clearly" KELLY CELL "fie cannot cause traffic problems in front of his house, can we?" WILDSTEIN C~.LL "Flights to Tel Aviv all mysteriously delayed" KELLY CELL "Perfect" Defendant BAR4NI, defendant KELLY, and Wildstein agreed to use the cover story of a traffic study a~ a justification for unwitting Fort Authority personnel whose services would be used to implement the ch~ng~s to the Local Access Lanes and as a means of concealing the true punitive purpose of the plan. They farther agreed that Wildstein would enlist the services of the Port Authority Engineering department to make the traffic study cover story seem legitimate. MER-L-002776-17 12/29/2017 3:41:27 PM Pg 10 of 67 Trans ID: LCV2017721835 16. Subsequently, Wildstein falsely told a Port Authority engineer (the "Engineer") that, to assess the traffic flow at the GW~ upper level toll plaza, Wildstein was planning to remove the traffic cones that segregated the Main Line from the Local Approach. At Wildstein's direction, the Engineer and a Port Authority traffic engineer (the "Traffic Engineer") presented Wildstein with several alternative scenarios for altering the Local Access Lanes. In one such scenario, all of the traffic on the Local Access Lanes would merge from three lanes down to one and funnel into one toll booth. This single toll booth would service motorists using both cash and E-Z Pass, leaving no lane accessible to the Local Approach that would be dedicated for E-Z Pass users. Wildstein recommended that the single access lane and toll booth scenario would generate severe traffic problems in Fort Lee and inflict harsh punishment on Mayor Sokolich; defendant BARONI and defendant KELLY agreed. 17. Wildstein had separate discussians with defendant BARONI and defendant KELLY regarding the timing of the Lane and toll booth reductions. Defendant BA.RONI recommended against implementing the reductions in. August when travel was traditionally Lighter and the punitive impact would be lessened. Defendant BARONI, defendant KELLY, and Wildstein agreed that implementing the lane and toll booth reductions on September 9, 2013, which they knew was the first day of school for children in Fort Lee, would intensify Mayor Sokolich's punishment. 18. To maximize the punitive impact of the lane and toll booth reductions, defendant BARONI, defendant KELLY, and Wildstein agreed not to give Mayor Sokolich and other Fort Lee officials advance notice. The lack of advance notice would prevent Fort Lee officials, including Fort Lee police officers, from preparing for the changes, and would keep Fort Lee residents and GWB commuters from altering their routes. They further agreed that the Port Authority and IGA would direst any resulting inquiries by Mayor Sokolich or other Fort Lee MER-L-002776-17 12/29/2017 3:41:27 PM Pg 11 of 67 Trans ID: LCV2017721835 officials to defendant BARONI as the Deputy Executive Director of the fort Authority. They also agreed that defendant BARONI would then deliberately ignore Mayor Sokolich and any other Fort Lee officials who inquired about the reductions. 19. To minimize the risk of detection or leaks, defendant BARONI, defendant KELLY, ar~d Wildstein agreed that Port Authority personnel would be given short notice to implement the lane end toll booth reductions. Even though they had agreed for some time to start the reductions on Monday, September 9, 2013, at 6:00 a.m. — in time for~the morning rush hour Wildstein, with the agreerrient cf defend~trat B~,RONI and defendant K.~LLY, purposely waited until Friday, September 6, 2013, to order Fart Authority personnel to implement the reductions. 2Q. During his communications with ~'~rt Authority personnel in preparation for the lane avid toll booth reductions, Wild~tein —consistent with his discussions with defendant BARONI and defendant KELL`i~ —falsely clamed that the lane and tall booth reductions were for a traffic study. Based on this misrepr~s~ntation, Port Authority personnel took steps to implement the reductions and to assess their impact on traffic. 21. On Friday, September 6, 2013, Wildstein instructed a Tort Authority manager with responsibility fir the GW~3 (the "GWB Manager") to implement the lane and toll both reductions on Monday, September 9, 2013, but not to notify any Fort Lee officials. After receYving ~WildStein's directive,~~he GW3 Manager: (A) arranged for Port Authority maintenance staff fio cover traffic signs directing traffic tc~ the Local Approach; (B) instructed C~WB persor_nel to have an additional toll booth operator, who would 'be paid overtime, ass a backup for the toll both operator covering Toll Lane 24, the lone remaining toll booth that would be accessible to tie Local Approach; and (C) ganged to have the Port authority P41ice Department ("PAPD") work during an extended Peak Period to respond to additional traffic in Fort Lee from the Local Approach. 10 - MER-L-002776-17 12/29/2017 3:41:27 PM Pg 12 of 67 Trans ID: LCV2017721835 22. That same day, V~Iildstein also advised the Engineer that the lane and toll booth reductions would begin on the morning cf Monday, September 9, 2013. Consequently, the Engineer contacted the Traffic Engineer and instructed him to monitor the traffic consequences of the lane and toll booth reduction. Similarly, a Port Authority supervisor, who had responsibilities for the Port Authority's Tunnels, Bridges, and Terminals department ("TB&T") (the "TB&T Manager"), discussed assessing the impact of the lane and toll booth reductions with one. of the individuals who reported to him. Thus, on Friday, September 6, 2013 and during the lane and toll booth reductions, several Part Authority employees in the Traffic Engineering department and TB&T spent time col~~cting and reviewing traffic data, believing it was necessary to d4 so. 23. The preparations for and implementation of the lane and toll booth reductions marked a clear departure from standard Fort Authority traffic study procedures. These procedures normally do not necessitate or involve sudden, unannounced, and extreme disruptions for motorists, particularly during rush hour. Rather, the Port Authority ordinarily conducts trai~ic studies without actually affecting traffic, such as by using existing traffic data or computer models. 24. Wildstein kept defendant KELLY and defendant BARONI informed about the steps he was taking to implement the lane and toll booth reductions. For example, on Saturday, September 7, 2d13, ~~Vildstein sent an email to defendant KELLY that stated, "I will call you lirionday AM to let you know how F~z~ Lee goes," to which defendant KELLY responded, "Great." Also, on Sunday, ~eptemb~r 8, 2013, Wildstein forwarded to defendant BARONI an email that ~'~ildstein had recei~ea from the G~VB IVlar~ager describing what Port Authority personnel had done to prepare for the lane and toll booth reductions and Port Authority resources that would be needed: MER-L-002776-17 12/29/2017 3:41:27 PM Pg 13 of 67 Trans ID: LCV2017721835 Ops [Operations] is on board, Mtce [Maintenance] is covering signs tonight, and [Port Authority] Police are aware that they will be controlling traffic in the intersections for the extended rush. We've also brought a toll collector in on overtime to keep toll lane 24 (the extreme right hand toll lane Upper level) in the event the collector assigned to TL 24 needs a personal. 25. On the morning .of Monday, September 9, 2013, as defendant BARONI, defendant KELLY, and Wildstein intended, the lane and toll booth reductions caused significant traffic congestion for motorists traveling within Fort Lee. The congestion resulting from the reductions also spoiled a legitimate Port Authority traffic study at Center and Lemoine Avenues in Fort Lee, which caused the Port Authority to repeat the study. 26. On the first morning of the reductions -- Monday, September 9, 2013 — Wildstein went to the GWB to observe the im~~ct ~ers~nally. In separate telephone conversations with defendant BARONI and defendant KELLY, Wildstein reported his observations that the lane and toll booth reductions had, as intended, caused terrible traffic in Fort Lee. Defendant BARONI ar~d defendant KELLY expressed satisfaction that their scheme wa.s working and agreed to continue the reductions. 27. Within hours of the lane and toll booth reductions, defendant BAR.ONI received an email that Mayor Snkolich had called "re: urgent matter of public safety in Fort Lee." Defendant B,A.RONI forwarded the email to Wildstein, who responded by sending an email reiterating that defendant BAR(~NI should not respond: "radio silence." As defendant B.ARONI, defendant I~ELLY, and Wildstein had agreed, defendant BAR.ONI refused to contact or reply to Mayor Sokolich. 28. Wildstein forwarded to d~fendat~t KELLY the email from defendant BARONI about Mayor Sokolich's telephone call regarding an "urgent matter of public safety in Fort Lie," Later that day, defendant KELLY and Wildstein exchanged emaiis confirming their strategy: MER-L-002776-17 12/29/2017 3:41:27 PM Pg 14 of 67 Trans ID: LCV2017721835 SOURCE TEXT KELLY EMAIL "Did he [defendant BAROI~jIJ call him [Mayor Sokolich] back?" WILDSTEIN EMAIL "~dio silence His name comes right after mayor Fulop" KELLY EMAIL "Ty [Thank you]" Wildstein's mention of "Fulop" referred to the coordinated and deliberate refusal by the Conspirators to communicate with, meet, or respond to Steven Fulop, the Mayor of Jersey City, beginning in or about late July 2013 because the Conspirators understood that Mayor Fulop was not endorsing Governor Christie's reelection. 29. Later in the morning of September 9, 2Q 13, defendant BARONI, Wildstein, and the TB~T Manager received an email from a Port Authority employee who worked in the Government and Community Relations department (the "GOCOR Employee"). The email stated: i~'anied you both have [sicJ a heads up--[the Fort LeeJ Borough Administrator, called me regarding the increased volume and congestion of AM rush traffic throughout the Borough as a result of the GWB toll lanes adjustment that occurred. She mentioned that them wire 2 incidents that Ft Lee PD and EMS had difficulty responding to; a missing child (later found) an~i a cardiac arrest. She stated additionally that the Borough and PD had no advance notice of the planned change. also, Bill the Mayor [Sokolich] had placed calls to your office. If there is anything you reed me to do, let me know. Thank you. Despite receiving the GOCOR Employee's email, with its references to a missing child and a medical emergency, defendant ~ARONI and Wild~tein refused to contact Mayor Sokolich or the Fort Lee Chief of Police about the safety concerns. I3 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 15 of 67 Trans ID: LCV2017721835 30. ~n the afternoon of Septernh~r 9, 2013, defendant KELLY checked to see if Mayor Sokolich was reaching out elsewhere. To that end, defendant KELLY sent an email to an IGA employee ("IGA Employee #1") asking, "Have you spoken to the Fort Lee Mayor?" jGA Employee #1 responded, "No, nit in a while." I~e~endant KELLY also emailed the Campaign Employee, asking, "Have you heard from Sokolich in a while?" The Campaign Employee responded, "I haven't." 31. Also on September 9, 2013, defendant KELLY and Wildstein had a telephone conversation during which V~1ild~tein reported to defendant KELLY that the lane and toll booth reductions had caused traff c problems in Fort Lee. Defendant KELLY instructed Wildstein to continue the reductions the following day; d~fendar~t BARONI agreed with that instruction. 32. On September 10, 2013, after the lane and toll booth reductions continued into a second day, defendant BAR.ONI received and deliberately ignored two text messages from Mayer S~k~lich. nne message stated: B-ill: Mark Sokol ch here . . .Port Authority has reduced the toil Boots [sicJ for Fort Lee from three to only one. As of yesterday we are in total gridlock. Same thing today. ~-~ave a town that is ready to revolt. Who's mad at me? What do I coo ~~vhen Redevelopment 5 is online. Would not otherwise bother you however I have no choice. Please call me. Rather urgent. The other message from Mayor Sokolich stated: "Presently we have four [sic] very busy traffic lanes merging into only one toll both . , . . .The bigger problem is getting kids to school. Help please. It's maddening." Later that day, defendant B~RONI forwarded the second text message to Wild~tein; Wi~dstein, in turn, forwarded that message to defendant KELLY. 33, After Wildstein ~~ceiv~d acid forwarded to defendant KELLY Mayor Sokalich's text message about the problem of getting children to school, defendant KELLY and Wildstein exchanged text messages that stated, in pertinent part: MER-L-002776-17 12/29/2017 3:41:27 PM Pg 16 of 67 Trans ID: LCV2017721835 ~oirRCE ~ ~ ~ T~xT KELLY CELL "Is it wrong thatIam smiling?" WILDSTEIN CELL "No" KELLY CELL "I feel badly about the kids" KELLY CELL "I guess" WILDSTEIN CELL "They are the children of Buono voters . . . " 'WILDSTEIN CELL "Bottom line is he didn't say safety" KELLY CELL "Exactly!" Wildstein's statement about "Buono voters" was a reference to supporters of New Jersey State Senator Barbara Buono, Governor Christie's principal opponent in the 2013 gubernatorial election. Despite Mayor Sokolich's pleas for help and information and his reference to schoolchildren stuck in traffic gridlock, defendant F3ARONI did not respond to him. 34. On Septernb~r 10, X013, d~fer~darit BAROI~TI received two communications regarding Mayor Sokolich's attempts to seek information about the lane and toll booth reductions. The first was an email from defendant BARONI's assistant that read, in pertinent part: "Phone call: Mayor Sokolich (his off ce} . . . re: change of traffic patterns." The second was an email from the G4COR Employee that stated, in pertinent part: Fort Lee Mayor Mark Sokolich called this rnorning regarding the gaff c in Fort Lee[.] "reasons unclear to us . . ." The Mayor would like to talk to you as soon as possible, regarding the traffic congestion due to the change in GWB tall booths configuration. H~ remains concerned, daesn't understand the purpose/need of tie traffic test and doesn't understand why the borough was not alerted. Additionally, he said that he is trying to "keep a lid on this" (politically) and is getting pressure from members of Borough Council who want to take some action. He feels this is a "life /safety" issue. MER-L-002776-17 12/29/2017 3:41:27 PM Pg 17 of 67 Trans ID: LCV2017721835 Defendant BARONI ignored and refused to respond to Mayor Sokolich's entreaties. Nor did defendant BARONI even inquire of Mayor Sokolich or the Fort Lee Chief of Police about the nature of the "life/safety" issue. 35. Also on September 10, 2013, defendant KELLY an~ Wi~dstein had a telephone conversation during which Wildstein confirmed that the lane and toil booth reductions had caused traffic problems in Fort Lee. Defendant KELLY instructed Wildstein to cQntinu~ the reductions the following day; defendant B~RONI agreed with that instruction. 3b. On September I1, 2013, defendant KELLY and ~~lildstein had a telephone conversation during which 'W'ildstein repar~ed to defendant KELLY t~iat the lane and toll booth reductions again had cawed traffic ~rc~blems in Fort Lee. Defendant KELLY instructed Wildstein to continue the reductions the following day; defendant RARONI agreed with. that instract~on. 37. On September 12, 2013, defendant BAPONI received by email a letter from Mayor Sokolich that was marked "PERSt~NAL": I am writing this correspondence to you and am refraining . from copying any other party in the hopes that a recent quietly, reversed be will decision by the Port Authority un~ventfuliy and without political fanfare. Permit me to elaborate. Without any notice whatsoever to Fort Lee (or any of its agencies, including our Police Department), the Port Authority reduced the available toll booths for traffic flowing through Fort Lei from three to one. Suffice it to say, this decision has wreaked havoc upon our community during the morning rush hour, visigilig upon us complete gridlock. Having received absolutely no notice of this decision, not having obtained any response to owr multiple inquiries concerning sane, and try as we may to iinderst~nd its rationale without the hen~fit of a response from t~~e PQrt Authority, we are ruching the cor~cl~sion that there are ~Suniti~e overtones associated with this initiative. What other conclusion could eve possibly reach? l6 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 18 of 67 Trans ID: LCV2017721835 Our emergency service vehicles are experiencing tremendous response tirn~ delays and my office is overwhelmed with complaints. Unquestiona~bty, this decision has negatively imparted public safety here in Fort Lee. ~.dding insult to injurX, many members of the public have indicated to me that the Port Authority Police Officers are advising commuters in response to their complaints that this recent tr~c debacle is the result of a decision that I, a~ the Mayor, recently made. The basis, reason, or genesis of the decision is of no consequence to me; however, its profound and adverse impact on our community is of paramount importance to me. I have incessantly attempted to contact Port Authority representatives to no avail. Would you please be good. enough to please have someone contact me or [the Fort Lee Chief of Police] to discuss the ba~~s of this recent policy change and what w~ must do to reverse it . . .plain and simple. Qzrery: What do I do when our billion d~lla; redevelopment is put on line at the end of the next year? Please caul me as soon as possible in the hopes that we can resolve this is~u~ and reverse a policy cha~lge that is wreaking havoc on Fort Lee . . . . the otherwise cooperative and supportive host community t~ the busiest bridge in t~~e world. (emphasis in original). Shortly after receiving Mayor Sokolich's letter, defendant BARO~II forwarded it by email to Wildstein, who then forwarded it to defendacYt KELLY. As defendant BARONI, defendant KELLY, and ~ilc~stein had agreed, defendant BARONI deliberately ignored and refused to respond to Mayor Sokolich's letter, despite its explicit reference to issues of public safety and "complete gridlock." 38. In addition to the letter, on Septerriber 12, 2013, Mayor Sokolich called the GOCOR Employee regarding the lane end toll booth reductions. The GOCOR Employee then sent a message fir defendant BARONI asking whether to return iVlayor Sokolich's call. Defendant B~R0~1I conveyed, to the GOCOR Employee thxough coded language that the GC~COR Employee should not contact M~yflr Sokolich. 17 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 19 of 67 Trans ID: LCV2017721835 39. On September 12, 2013, defendant BARONI also received a text message from Mayor Sokolich that stated, "My firustratian is new trying to figure out who is mad at rne." Defendant Bt~RONI refused to respond and instead forwarded this text message to Wildstein. 4~0. Also on September 12, 2d13, in response to a media inquiry about the lane and toll booth reductions and the resulting traffic congestion in Fort Lee, Wildstein, with defendant BARONI's knowledge and approval, caused the Port Authority's Media Relations department ("IVledia Relations") to issue a media statement that falsely claimed that: (A) "The Port Authority is reviewing traffic safety patterns at the George Washington Bridge to ensure proper placement of toll lanes"; and (B) the "PAP'D has been in contact with Fort Lee throughout the transition." VVildstein sent a draft of this statement to defendant KELLY before it was issued. Defendant BARONI, defendant KELLY, and Wildstein knew that this statement was not true. 41. That same day, defendant KELLY received an email from an ICrA employee {"IGA Employee #2") who summarized a telephone call that IGA Employee #1 had received from Mayor Sokolich. The email stated: This a.f~emoon, [IGA Employee #1] received a call frc~rn l~✓layor Sokolich. It came from a number he was not familiar with that way actually a secretary who patched the Mayor through to [IGr~ Err~ployee # 1]. The Mayor is extremely upset about the reduction of toll lanes from 3 to 1. Not only is is [sic] causing a horrendous traffic back up in town, First Responders are having a temble time maneuvering the traffic because the back up is so 5ev~re. The 1VSayor told [IGA Employee # 1] that he has no idea why Port Authority decided to do this, but there is a feeling in town that it is government retribution for something. he simply can't understand why that would be the case however, because he has always been so supportive of the Governor. Sokolich explained that the Council wants to organize a press conference with picketers at the foot of the bridge. The Mayor 18 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 20 of 67 Trans ID: LCV2017721835 feels he is about to lose control of the situation and that he looks like a "f[***]ing .idiot." [IGA Employee # 1] told tl:e fine Mayor he was unaware that the toll lanes were closed, but he would see what he could find out. Defendant KELLY forwarded IGA Employee #2's email to Wildstein. As defendant BARONI, defendant KELLY, and Wildstein had agreed, despite receiving the email from IGA Employee #2 and its references to "horrendous traffic back up" and the problems facing first responders, defendant KELLY did not contact Mayor Sokolich, or take any steps to address his concerns. Instead, defendant KELLY responded to IGA Employee #2's email conveying that Mayor Sokolich was upset: "Good." 42. On the morning of September 13, 2013, defendant BARONI, among others, received an email from the Executive Director announcing that he had learned about and was ending the lane and toll booth reductions. The Executive Director explained that he was doir~~ so beca~u~e; among other reasons: (A~ the lane and toll booth reductions had been implemented without notifying Fort Lee, the commuting public, Media Relations, or the Executive Director; and (B) the lane and toll booth reductions had engulfed the entire Fort Lee area in severe traffic delays and had resulted in delays to emergency vehicles. 43. After sending this email, the Executive Director copied defendant BARQNI on an email. that he sent to the head of Media Relations, asking how the Port Authority could inform the public that the lane and toll booth reductions had ended. Defendant BARONI emailed the Executive Director that they "needled] to discuss prior to any communications" and that "[t]here can be no public discourse." 44. Later that day, defendant BARONI met with the Executive Director ors iwo occasions. Defendant BARONI demanded that the Executive Director immediately reinstate the MER-L-002776-17 12/29/2017 3:41:27 PM Pg 21 of 67 Trans ID: LCV2017721835 lane and toll booth reductions because the rec~ucti~ns were important to "Trenton." The Executive Director refused defendant BARONI's demand. 45. Also on September 13, 2013, in response to a media inquiry about the lane and toll bootlh. reductions and the resulting traffic in Fort Lee, defendant BARONI and Wildstein drafted, approved, and caused Media Relations to issue a second false and misleading media statement: "The Port Authority has conducted a week of study at the George Washington Bridge of traffic safety patterns. We will now review those results and determine the best traffic patterns at the GWB. We will continue to work with oux local law enforcement partners." 46. After the lane and toll booth reductions ended, defendant BARONI, defendant I~.ELLY, and VVildstein cantinued their agreement to use Fort Authority resources to advance their cover story. They also agreed that defendant BARONI would continue to respond with deliberate silence to Mayor Sokolich's requests for an explanation of the reductions. 47. Ors September 16, 2413, in response to another media inquiry, defendant BARONI instructed Media Relations to re-issue the same false and misleading media statement that he and Wildstein had drafted and approved on Friday, September 13, 2013. 48. On September 17, 2013, I'~fayor Sokolich sent the following text messages to defendant BARONI: We should talk. Someone needs to tell me that the recent traffic debacle was not punitive in nature. The last four reporters that contacted me ~tzggest that the people they are speaking with absolutely believe it to be ptunishment. Try as I may to dispel these rumors I am having a tough time. A private face-to-face would be important to me. Perhaps someone can enlighten me as to the errors of my ways. Let me know if you'lI dive me 1t1 minutes. Regards Mark 49. Defendant BARt~NI immediately forwarded Mayor Sokolich's text messages to {who is actually Wildstein and noted that they were from "~erbia," referring to Mayor Sokolich 20 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 22 of 67 Trans ID: LCV2017721835 of Croatian descent). Wildste~n then fon.~arded them to defendant KELLY and sought instructions about hove to respond. That same day, Wildstein exchanged multiple messages ~~vith defendant BARONI and defendlnt KELLY as they coordinated the response to Mayor Sokol ch's texts. [Wildstein's communications with defendant BAR~NI a.re unshaded and Wi~dste n's comrnunications with c~e~endant KELLY are shaded in blael~]: SQf1RCE RECIPIENT TEXT' E3~RONI C'~LL ~►aVILDST~i~1 CELL "Serbia???" WtLI~STETN DELL BAR(.7NI CELL ``Have riot f}ears! back fr Bridget" BARONI CELL "Fcl~" ( ~VILDSTEIN CELL .. ~ • ~ ~ ~ ~ ~ ~ WILDSTEIN CELL BAR~NI CELL "Rrid~et; Just finishing a meeting" ~VILDSTEIN CELL BAKONI CELL "5o we ~~ill speak soon" E3~RON1 CALL WILDST~IN CELL ~~~~ could sched a meeting to stave off reporters then pull a fops" ~'~ILI]S"I'EIN CELL E3~RCONI C~.LL ``Like for Monday?" B~RQN1 CELL WILDSTEII~1 CELL "Too cite. Tuesday or later r~e~:t ~~~eek." W fLDSTEII~ CELL BARONI CELL ``Ok" ~ ► i 4 ! "[Pull a fops" referred to defendant BARQNI's and Wildstein's strategy of scheduling a meeti~~ ghat they intended all . ~lon~ to cancel, as they did ~~rit~ FAPS, Inc. ("PAPS"), a Port Authority tenant, to punish Mayor Fulap, tvho had represented FADS. 21 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 23 of 67 Trans ID: LCV2017721835 50. On September 17, 2013, defendant BARONI caused his assistant to schedule a meeting with Mayor Sokolich, although defendant BARONI intended to cancel. Before defendant BARONI could cancel the meeting, however, Mayor Sokolich did so. 51. After the lane and toll booth reductions ended, defendant BARONI and Wildstein discussed obtaining Port Authority traffic data to assist them in further developing the fiction that ion, the reductions had been for a traffic study. On September 24, 2013, pursuant to that discuss Wildstein obtained Port Authorit}~ traffic data from a Port Authority employee. 52. In or about November 2013, with defendant KELLY's knowledge, defendant ity report that BARONI and V4lildstein ~repareci a misleading written statement for a Part Author that written would falsely represent that the reductions were for a traffic study. To prepare Authority resources, statement, def~ndaait BARONI and Wildste~n improperly used Port including the time and services of Post Authority personnel. 53. November ~n November 20, 2013, defendant BAROI~II was invited to testify on investigating the lane and 25, 2013 before the Assembly Transportation Committee, which v~~ dge, defendant ~AR4IvII and toll booth reductions. As ~a result, with d~feiidant KELLY's knowle statement into defendant VVildstein converted the draft of the false and misleading written BARONI's prepared apening testimony. 54. 3~, defendant On November 22, 2013, wile preparing for his upcoming testimon which defend~.nt ~~ROiNI sought B ARQ~NI had conversations with tvyo PAID officers, during PAPD had suggested a traffic study of to enlist their assistance in falsely corroborating tlYat the nt B~R0~1I that the PAPD had l~.ad no the Local Access Lanes. Both FAgD officers t~ald defenda such invoiv~ment. 55. ed before the Assembly On November 25, 2013, defendant BA~ONI a~p~ar and agreement of defendant KELLY and Transportation Committee and, with the knowledge 22 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 24 of 67 Trans ID: LCV2017721835 Wildstein, provided false and misleading testimony about the lane and toll booth reductions, During his testimony, defendant BARQNI knowingly and intentionally made the fallowing misleading statements and false representations, among others: A. Communications between members of the PAPD and Vrlildstein triggered the 1~c: and toll. booth reductions. B. The lane and toll booth reductions were part of a one-week traffic study. C. The failure to communicate with Fort Lee and the Executive Director was simply the result of communication breakdowns at the Port Authority. ns with In particular, with respect to what he repeatedly insisted were communication breakdow silence" Fort Lee, defendant BAKONI did not admit that he intentionally maintained "radio flawed toward Mayor Sokolich, but instead testified falsely, "[t]he communication was internally, the communication was flawed with our neighbors—no question. And I'm—given the tic, amount of time I've spent building a retatianship with Mark Sokolich—hugely problema personally." Sb. On November 25, 2013, defendant BARONI, defendant KELLY, and Wildstein y caused public statements to be prepared by others in support of defendant BARONI's testimon before the Assembly Transportation Commit~ee. S7. On December 12, 2013, defendant KELLY telephoned IGA Employee #2 afld discussed their September 12, 2013 erriail exchange, referred to above in Paragraph 41, in which IGA Employee #2 recounted iC'xA Employee # I's conversation with Iviayor Sokolich about the traffic problems and to which defendant i{ELLY responded, "Good." During their conversation, defendant KELLY asked IGA Employee #2 to delete that email exchange. 23 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 25 of 67 Trans ID: LCV2017721835 58. On December 13, 2013, the day on which the resignations of defendant BARONI and ~JVildstein from the Port Authority became effective, defendant KELLY falsely claimed that she had nothing to do with the lane and toll booth reductions. OVERT ACTS 59. In furtherance of the conspiracy and to effect its unlawful object, the following overt acts were committed in the District of Mew Jersey and elsewhere: A. On August 13, 2013, defendant KELLY sent Wildstein an email stating, "Time for some traffic problems in Fart Lee." $. On August 13, 2013, shortly after receiving defendant KELLY's email, Wildstein acknowledged his assent to defendant I~ELLY's instruction by responding, "Got it." C. Subsequently, on or about Augt~s~ 13, 2013, WildStein informed defendant BARONI of defendant KELLY's instz-uctron to cause traffic problems in Fort Lee, and defendant BARONI agreed that Wildstein should take steps to implement defendant KELLY's instruction. D. On or about August 28, 2013, Wiidstein contacted the Engineer and falsely represented that V~lildstein was planning to order the removal of the traffic cones that segregated the Main Line from the Local approach to assess the traffic flow at the GWB upper level toil plaza. E. On September, 6, 2013, V~ildstein had a telephone conversation with the toll GWB Manager during which: (1) he directed the GWB Manages• to implement the lane and rush; {2} he booth reducxions starting on September 9, 2013 at 6:00 a.m., in time for the morning to falsely represented to the GWB Manager that these reductions were being implemented conduct a traffic ~t~dy; and (3) he directed the GWB Manager not to notify any about the impending reductions. 24 Fort Lee officials MER-L-002776-17 12/29/2017 3:41:27 PM Pg 26 of 67 Trans ID: LCV2017721835 F. On September b, 2013, Wildstein had a telephone conversation with the TB3cT Manager, during which: (1) he told the TB&T Manager that the lane and toll booth reductions would be implemented starting on the morning of September 9, 2013; and (2) he falsely represented to the TB&T Manager that these reductions were being implemented to conduct a traffic study. G. On September b, 2013, Wildstein had a telephone conversation with the Engineer during which he told the Engineer that the lane and toll booth reductions would be implemented starting on the morning of September 9, 2013. H. On September 7, 2013, Witdstein sent defendant KELLY an email in which Wildstein stated that he vF,rould inform defendant KELLY on the morning of September 9, 2013 of the impact of the lane and toll booth reductions. I. On September 8, 2013, Wildstein forwarded to defendant BARONI an email from the GWB Manager describing Port Authority resources being used to implement the Lane and toil booth reductions. J. On September 9, 2013, at approximately 6:00 a.m., defendant BARONI, defendant KELLY, and VVildstein caused the lane and toll booth reductions to become effective. K. On Septerr~ber 9, 2013, after receiving an email from defendant BARONI indicating that Mayor Sokolich had called defendant BARONI that morning "re: urgent matter of public safety in Fort Lee," Wildstein responded to defendant BARONI by sending an email that stated: "radio silence." L. On September 9, 2013, defendant KELLY sent Wildstein an email, thanking Wildstein for confirming that defendant BARONI maintained "[r]adio silence" toward Mayor Sokolich. 25 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 27 of 67 Trans ID: LCV2017721835 M. On September 9, 2013, defendant KELLY em~iled IAA Employee # 1 to check whether IGA Employee # 1 had spoken to Mayor Sokolich. N. On September 9, 2013, defendant KELLY emailed the Campaign Employee to ask whether the Campaign Employee had heard from Mayor Sokolich in a vrhile. O. On September 9, 2013, defendant KELLY told Wildstein by telephone to continue the lane and toll booth reductions on September 10, 2013. P. On September 10, 2013, defendant KELLY told Wildstein by telephone to continue the lane and toll booth reductions on September 1I, 2013. Q. On September 11, 2d13, defendant KELLY told Wildstein by telephone to continue the lane and toll booth reductions on September 12, 2413. R. On September 12, 2013, defendant BARONI forwarded to Wildstein and toll booth Mayor Sokolich's September 12, 2013 letter regarding the impa.,t of the Zane reductions. S. On September 12, 2013, Wi~dstein forwarded to defendant KELLY Mayor reductions. Sokolich's September 12, 2013 letter regarding the impact of the Lane and toll booth T. On September I2, 2013, defendant BAR4NI conveyed to the GOCOR should not contact I1~iayor L~mployee through coded language that the GOCOR Employee Sokolich. U. On September 12, 213, defendant B~RONI forwarded to Wildstein a text trying to figure out who is mad me~~age firom Mayor Sokolich that stated, "My frustration is now a~ me." V. and Qn September I2, 2013, defendant BARONS and Wilds~ein drafted approved a false and rriisleadin~ media statement claiming that the lane and toll booth reductions were done to review traffic safety patterns at the GVVB. 26 _ MER-L-002776-17 12/29/2017 3:41:27 PM Pg 28 of 67 Trans ID: LCV2017721835 W. On September 12, 2013, defendant KELLY forwarded to Wildst~in an email from IGA Employee #2 regarding a telephone call from Mayor Sokolich to IGA Employee # 1 about the traffic problems in Fort Lee. X. On September l2, 20I3, defendant KELLY responded to IGA Employee #2's email about the telephone call from Mayor Sokolich to IGA Employee #1, stating, "Good." Y. On September 13, 2013, defendant BARONI told the Executive Director by email that they "needled] to discuss prior to any communications" and that "[t)here can be no public discourse." Z. On September 13, 2013, defendant BARONI demanded that the Executive Director reinstate the lane and toll booth reductions because the reductions were important to "Trenton." AA. On September 13, 2013, defendant BARONI and V~lildstein drafted and approved a second false and misleading media statement claiming that the lane and toll both reductions were done to conduct a week of study of traffic safety patterns at the GWB. BB, On September 16, 201~, defendant BARONI instructed Media Relations to re-issue the false and misleading media statement that he and Wildstein had drafted and approved on September 13, 2013. CC. 4n November 25, 2013, defendant BARONI provided false and misleading testimony regarding the lase and toll booth reductions to the Assembly Transportation Committee. DD. On December 12, 20I3, defendant KELLY asked IGA Employee #2 to delete their September 12, 2013 email exchange regarding a telephflne call from Mayor Svkolich, as referred to above in Paragraph 41. In violation of Title 18, United States Code, Section 371. 27 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 29 of 67 Trans ID: LCV2017721835 COUI'r1T 2 (Obtaining by Fraud, Kno~vvi~~ly ~onv~rting, anti Intentionally Misapplying Property of an Organize#ion R~cei~ving Federal Beae~ts) 1. by Paragraph 1 and Paragraphs 3 to 59 of Count 1 are realleged and incorporafied reference as though fully set forth in this Count. 2. t of From in or about August 2013 to in or about December 2013, in the Distric New Jersey and elsewhere, defendants WILLIAx'Vi ~. gARONI, JR, and BRIDGET A?~tI~IE KELLY, Qbtained by fraud, with defendant ~ARONI and V~'ildstein bezng agents of the Port ~rutharity, the use of others, and otherwise without authority kna~wingly converted to t~~ir use and cusxody, and control of the Port intentionally misapplied property owned by and under the care, Authority, with a value of at least $5,400. In violation of Title 18, United States Code, Section d66(a)(1)(A) 28 and Section 2. MER-L-002776-17 12/29/2017 3:41:27 PM Pg 30 of 67 Trans ID: LCV2017721835 ~~O~JI~dT 3 (Conspiracy to Camrnit V~ire Fraud) 1. Paragraph 1 and Paragraphs 3 to 59 of Count 1 are realleged and incorporated by reference as though fully set forth in this Count. THE CONSPIRACY 2. From in or about August 2013 to in or about December 2013, in the District of New Jersey and elsewhere, defendants WILLIAM E. BARONI, JR. and BRIDG~T A1vNE KELLY including kr~awingly and intentionally conspired and agreed with each other and others, the Wildstein, to devise a scheme and artif ce to defraud, and to obtain money and pr~~erty from tions, end Port Authority by means of materially false anc~ fraudulent pretenses, representa to be promises, and for the purpose of executing such 5chezne and artifice, to transmit and cause signs, transmitted by means of wire communications in interstate commerce certain writings, signals, pictures, and sounds, contrary to Title 1S, United States Code, Section 1343. THE OBJECT OF THE CONSPIRACY 3. The object of the conspirac3~ vas to obtain money and property from the Port Authority and to deprive the Port Authority of its right to control its own assets by falsely representing and causing false representations to be made that the lane and toll both reductions were for the purpose of a traffic_ study. MANNER AND IVIFA~lS OF THE CO1vSA}RACY 4. T~ carry out the conspiracy and to erfecx its unlawful object, defendant ~ARONI, defendant KELLY, and others, including ~Uilc~stein, engaged in a number of means and methods, including those referred to in Paragraphs ~ to 5~ of Count 1, among others, and those described below. 29 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 31 of 67 Trans ID: LCV2017721835 5. Throughout the course of the conspiracy and in furtherance of their fraudulent scheme, defendant BARONI, defendant KELLY, and Wildstein caused telephone calls to be made and received in interstate commerce and caused emails to be sent and received in interstate commerce. In violation of Title 18, United States Code, Section 1349. 30 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 32 of 67 Trans ID: LCV2017721835 COUNTS 4 to 7 (V~ire Freud) 1. Paragraph 1 and Paragraphs 3 to 59 of Count 1 and Paragraphs 3 to 5 of Count 3 are realleged and incorporated by reference as though fully set forth in Counts 4 to 7. 2. From in or about August 2 13 to in or about December 2013, in the District of New Jersey and elsewhere, defendants WILLIAI~1 E. BARONI, JR, and BRIllCiET ANNE KELLY a and others, including Wildstein, knowingly and intentionally devised and intended to devise scheme anti artifice to defraud the Port Authority and to obtain money and property from the Port , Authority by mans of materially false an~i fraudulent pretenses, representations, and promises which scheme is described in substance above in Count 3 of the Indictment. 3. On or about the dates set fac-th below, in the District of New 3ersey and elsewhere, for the purpose of executing and attempting to execute this scheme and artifice to defraud and to obtain money and property by means of materially false and fraudulent pretenses, representations, and promises, the respective defendant knowingly and intentionally transmitted and caused to be transmitted by means of wire communication in interstate commerce certain writings, signs, signals, pictures and sounds, as described below: 31 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 33 of 67 Trans ID: LCV2017721835 ;. COUI~IT ~ 4 5 6 7 ~ DATE... ~ ~ .• ~~~ • : ~~ L~TS~.OF INTER~TA►TE WIRE ` ~ - DEFENDANT " , August 13, 2013 Email from defendant KELLY to Wildstein stating, "Time for some traff c problems in Fort Lee" KELLY September 9, 2013 Emil from defendant BARONI to Wildstein indicating that Mayor Sokolich had called for defendant BARONI that morning "re: urgent matter of public safety in Fort Lee" BARONI September 9, 2013 Email from defendant KELLY to Wildstein thanking Wildstein for confirming that defendant BA.kONI m~int~ined "(r]adio silence" toward Mayor Sokolich KELLY September 12, 2013 Email fi°om defendant BAROI~II to Wiid~tein forwarding a letter that was marked "PERSONAL" from Mayor Sokolich to defendant BARONI, dated September 12, 2013 BARONI I!~ violation of Title 18, United States Code, Section 1343 and 5ectior~ ~. z~ MER-L-002776-17 12/29/2017 3:41:27 PM Pg 34 of 67 Trans ID: LCV2017721835 CO[JNT 8 (Conspiracy Against Civil Rights) 1. Paragraph 1 and Paragraphs 3 to 59 of Count 1 and Paragraphs 3 to 5 of Count 3 are realleged and incorporated by reference as though fully set forth in this Count. THE CONSPIRACY 2. Between in or about August 2013 and on or about September 13, 2013, in the District of New Jersey and elsewhere, defendants WILLIAM E. BARONI, JR. and I~RIDGET ANNE KELLY knowingly and willfully conspired and agxeed with each other and others, including Wildstein, to injure and oppress the residents of Fort Lee in the free exercise and enjoyment of the rights and privileges secured to them by the Constitution and laws of the United States, namely, the right to localized travel on public roadways free from restrictions unrelated to legitimate government objectives. THE OBJECT OF THE CONSPIEtACY 3. The object of the conspiracy was to interfere with the localized travel rights of the residents of Fort Lee for the illegitimate purpose of causing significant traffic problems in Fart Lee to punish Mayor Sokolich. MANNER ANTS MEANS OF THE CnNSPIRACY 4. To carry out the conspiracy and to effect its unlawful object, defendant BARONI, defendant KELLY, and others, including 'UVildstein, engaged in a number of means and methods, including those referred to in Paragraphs ~ to 58 of Count 1 and Paragraphs 4 and 5 of Count 3, among others, and those described below. 33 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 35 of 67 Trans ID: LCV2017721835 5. Defendant BAROl'~1I, defendant KELLY, and Wildstein chose the first day of school in Fort Lee to implement the bane and to11 booth reductions to maximize the impact of the reductions and create as much traffic and disruption as possible in Fort Lee. b. Defendant B,ARONI, defendant KELLY, and Wildstein purposely selected a strategy that merged traffic that ordinarily fed into the Three Southernmost Toll Booths into one lane leading to one toll booth that was designated for use by all vehicles whether the motorists paid the toll by cash or E-Z Pass. 7. Defendant BARONI, defendant BELLY, and Wildstein agreed that no advance warning of the lane and to~I booth reductions would be provided to the public so that motorists using the Local Approach and residents of Fort Lee could not anticipate delays, adjust their travel plans, or otherwise prepare for the ~.nticipated disruption caused by the traffic. 8. Defendant BAR0~1I, defendant KELLY, and Wildst~ein agreed that, ~o exa~cer'bate be the impact of the reductions, no advance notice of the Ian and toll booth reductions would provided to Niayor S~kolich or t~~e Fort Lee Chef of Police. 9. To minimize the risk of detection and leaks, defendant BA~ONI, defendant on or KELLY, and Wildstein purposely gave short advance notice to Port Authority personnel about Friday, September 6, 2013 to implement the lane and toll booth reductions on Monday morning, September 9, 2013. 10. Defendant BARONi, defendant KELLY, and ~~Jildstein agreed that the Pfl~t whet Mayor Authority and IGA would maintain "ra~iia silence" toward Mayor ~akoli.ch, even adversely Sokoli~h advised on multiple o~casion,~ that the lane and tall booth reductions were affecting Fort Lee and were posing increased risks to p~.iblic safety. 34 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 36 of 67 Trans ID: LCV2017721835 11. During the lane and toll booth reductions, despite receiving updates on the serious traffic congestion that they were inflictir~~ upon Fort Lee and its residents, defendant BAR~NI, defendant KELLY, and Wildstein agreed that the reductions should contirnie each day. In violation of Title 18, United States Code, Section 241. 35 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 37 of 67 Trans ID: LCV2017721835 COUNT 9 (Deprivatic~r~ of Civil Rights) 1. Paragraph 1 and Paragraphs 3 to 59 of Count 1, Paragraphs 3 to 5 of Count 3, and Paragraphs 3 to 11 of Count 8 are realle~ed and incorporated by reference as though fully set forth in this Count. 2. Between in or about August 2013 and on or about September 13, 2013, defendant BARONI and V~lildstein were agents of the Port Authority and defendant KELLY was an agent of the Governor's Office. During that time period, defendant BARONI, defendant KELLY, and Wildstein were acting under color of law within the meaning of Title 18, United States Code, Section 242. 3. Between in or about August 2013 and an or about September 13, 2013, in the District of Nevv Jersey and elsewhere, defendants WILLIAM E. BARONI, 3R. and BRIDGET ANNE KELLY, with defendant BARONI, defendant KELLY, artd Wildstein acting under color of law, knowingly and willfully deprived the residents of Fort Lee of the rights, privileges, and immunities secured and protected b~ the Constitution and laws of the United States, namely, the right to localized travel on public roadways free from restrictions unrelated to legitimate government objectives. In violation of Title 18, United States Code, Section 242 and Section 2. 36 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 38 of 67 Trans ID: LCV2017721835 A TRUE BILL C~~~ ;~~ PAUL, J. FISH A'~T STAT S ATTORNEY UNIT 9 ?3-645-2742 ~ISSISTAN'l' U. S. AT7'~RNEYS NEWA~~.r"C, NEW ~,TFsRSEY DAVID W . FEDER VIF.AS k~HANNA LEE M. CORTES, ~7R . rERSEY CINI i ED STATES .~i~'TORNEY, ~ITEWARK, NEW u P~Z3L ~'. ~IS~~ 18 U. S . C. ~§ 241, 242, 371, 6 66 (ay {1) (A) , 1343, 1349, and 2 IIi~I~IC7ClYI~NT WILLIAM E. BARON, JR. and BRI~GE~ ~►I~YE ~~I~LY v. UNITED STATES OF AMERICA ~Unit~~ ~ta~~s D~st~i~t ~~urt ~~str~ct of I~1ew Jersey MER-L-002776-17 12/29/2017 3:41:27 PM Pg 39 of 67 Trans ID: LCV2017721835 7 12/29/2017 3:Trans ID: LCV2017721835 EXHIBIT MER-L-002776-17 12/29/2017 3:41:27 PM Pg 41 of 67 Trans ID: LCV2017721835 Case 2:15-cr-001.93-SDW Document 282 Filed 11.104/16 Page 1 of 3 PagelD: 8691 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _ Hon. Susan D. Wigenton UNITED STATES OF AMERICA Crim. No. 15-193 (SDW) v. WILLIAM E. BARONI, JR. and BRIDGET ANNE KELLY VERDICT FORM We, th~~jury, unanimously find: COUNT 1 (Conspiracy to Obtain by Fraud, Knowingly Convert, and Intentionally Misapply Property of an Organization Receiving Federal Benefits) William E. Baroni, Jr. NOT GUILTY GUILTY ~~0. Bridget Anne Kelly NOT GUILTY ~ GUILTY ~ '~ COUNT 2 (Obtaining by Fraud, Knowingly Converting, and Intentionally Misapplying Property of an Organization Receiving Federal Benefits) William E. Baroni, Jr. NOT GUILTY GUILTY ~ Bridget Anne Kelly NOT GUILTY GUILTY ,~ _. MER-L-002776-17 12/29/2017 3:41:27 PM Pg 42 of 67 Trans ID: LCV2017721835 ~~~ ~ ~ Case 2:15-cr-00193-SDW Document 282 Filed 11/04/16 Page 2 of 3 PagelD: 8692 COUNT 3 (Conspiracy to Commit Wire Fraud) William E. Baroni, Jr. GUILTY NOT GUILTY ~~~~ Bridget Anne Kelly GUILTY NOT GUILTY !?~~_ t ~ire r rauo~ Bridget Anne Kelly (only) GUILTY NOT GUILTY COUNT 5 (Wire Fraud) William E. Baroni, Jr. (only) GUILTY NOT GUILTY ~ ~ ire r raua~ Bridget Anne Ketly (only) GUILTY NOT GUILTY COUNT 7 (Wire Fraud) William E. Baroni, Jr. (only) GUILTY NOT GUILTY 2 ~~ MER-L-002776-17 12/29/2017 3:41:27 PM Pg 43 of 67 Trans ID: LCV2017721835 ~~ • ~ Case 2:15-cr-00193-SDW Document 282 Filed 1.1/04/16 Page 3 of 3 PagelD: 8693 COUNT 8 (Conspiracy Against Civil Rights) William E. Baroni, Jr. GUILTY NOT GUILTY Bridget Anne Kelly GUILTY NOT GUILTY COUNT 9 (Deprivation of Civil Rights} William E. Baroni, Jr. GUILTY_—J~ NOT GUILTY Bridget Anne Kelly GUILTY NOT GUILTY FOREPERSON: DATE: „~ ~. r ,,,,,, '~jl ~- ,~oY • 3 ~~7✓~ 7 12/29/2017 3:Trans ID: LCV2017721835 EXHIBIT MER-L-002776-17 12/29/2017 3:41:27 PM Pg 45 of 67 Trans ID: LCV2017721835 1 of 4 Former Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff ... Page . ~l'H~.. 1.."~°•.C'1~E-.l~ ~'l~tt~l'~~.'.~, t9t Z'~l'~~~14f~+~~-1F`,',. 4~1"~"1~.~:. ~.~ ~ ~~1' l~IC~~.I" ~ ~' ~,I1.~~4'~~ ~ ~I~.L U.S. Attorneys » District of New Jersey » News Department of Justice U.S. Attorney's Office District of New Jersey Friday, May 1, 2015 FOR IMMEDIATE RELEASE Former Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff In N.J. Governor's Office Indicted Endorsing Gov. Allegedly Misused Government Property to Punish Fort Lee Mayar for Not Christie's Re-election with His Role in Second Former Port Authority Official Pleads Guilty in Connection Scheme New Jersey and a NEWARK, N.J. — A former top official of the Port Authority of New York and with a scheme to former member of Gov. Christopher J. Christie's senior staff have been charged problems in Fort misuse Port Authority resources to facilitate and conceal the causing of traffic or's re-election. Lee, New Jersey, to punish the borough's mayor for not endorsing the Govern with Inspector The charges were announced today by U.S. Attorney Paul J. Fishman, along and FBI Special Agent General Michael Nestor of the Port Authority, Office of Inspector General, in Charge Richard M. Frankel, Newark Division. Bridget Anne William E. Baroni Jr., former deputy executive director of the Port Authority, and federal grand jury in a Kelly, former deputy chief of staff to Gov. Christie, were each charged by a te Capital nine-count indictment unsealed today. David Wildstein, the former director of Intersta D. Wigenton Projects at the Port Authority, pleaded guilty today before U.S. District Judge Susan acy far of conspir in Newark fiederal court to a separate information charging him with two counts his role in the scheme. s," U.S. Attorney "Public officials must use government resources for proper government purpose nts used Fishman said. "The indictment alleges, and Wildstein admitted, that the three defenda would not Port Authority resources to exact political retribution against a public official who ority-and-f... 12/22/2017 https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-port-auth MER-L-002776-17 12/29/2017 3:41:27 PM Pg 46 of 67 Trans ID: LCV2017721835 4 Former Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff ... Page 2 of endorse the Governor for re-election, and concocted and promoted a bogus cover story to execute their plan and to cover their tracks." "William Baroni, Bridget Anne Kelly, and David Wildstein were held to a high standard of conduct due to the power they were entrusted with by the public," Special Agent in Charge Frankel said. "These individuals breached that trust and as a consequence should be held accountable." "These high level government officials misused the Port Authority, its employees, and their public positions for political purposes with total disregard of the negative consequences it would have on the public and Port Authority," Inspector General Nestor said. "This case should serve as a wake-up call and warning to those public servants who might consider abusing their official positions for their personal benefit, or the benefit of others." of Baroni and Kelly are each charged with conspiring to misuse, and actually misusing, property wire an organization receiving federal benefits; conspiring to commit, and actually committing, color of fraud; conspiring to injure and oppress certain individuals' civil rights, and acting under nts' law to deprive certain individuals of their civil rights. All of the charges relate to the defenda , reducing alleged scheme to manufacture traffic problems in Fort Lee by, without public warning level of the from three to one the number of local access lanes, located in Fort Lee, to the upper this was done George Washington Bridge, and the toll booths servicing those lanes. It is alleged n pleaded to punish Mayor Sokolich for not endorsing Gov. Christie's re-election bid. Wildstei benefits and guilty to conspiring to misuse the property of an organization receiving federal ion with his role in conspiring to injure and oppress certain individuals' civil rights in connect causing traffic problems to punish Mayor Sokolich. According to documents filed in this case and statements made in court: g Gov. Christie In August 2013, after Kelly confirmed that Mayor Sokolich would not be endorsin punish the mayor by for re-election in November 2013, Baroni, Kelly, and Wildstein decided to pretense of a traffic deliberately causing significant traffic problems in Fort Lee under the false study. y caused the local From the morning of Sept. 9, 2013, to Sept. 13, 2013, the conspirators allegedl three, was accessible access lanes to be reduced so that only one toll booth, instead of the usual e the to the approach to the bridge for local traffic traveling through Fort Lee. To maximiz these lane and congestion and the punitive impact on Mayor Sokolich, the conspirators caused notice to toll booth reductions to start on the first day of the school year without any advance toll booth Mayor Sokolich, the Fort Lee chief of police or borough residents. The lane and the George reductions resulted in significant traffic in Fort Lee, for motorists intending to access traffic. with Washington Bridge from local lanes and for residents, whose streets were choked and other Fort The conspirators allegedly agreed to disregard any inquiries from Mayor Sokolich communications Lee officials about the lane and toll booth reductions. They purposely ignored repeated from Mayor Sokolich, including his pleas for help, requests for information, and received an warnings about the increased risks to public safety. On Sept. 9, 2013, after Baroni Wildstein sent an email that Mayor Sokolich had called about an urgent matter of public safety, the mayor. When email to Baroni reiterating that Baroni should maintain "radio silence" toward matter of public Kelly was made aware of Mayor Sokolich's communication regarding an urgent ity-and-f... 12/22/2017 t-author https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-por MER-L-002776-17 12/29/2017 3:41:27 PM Pg 47 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority And Fortner Deputy Chief Of Staff ... Page 3 of 4 safety, she thanked Wildstein for confirming that Baroni had maintained "[r]adio silence" toward Mayor Sokolich. As alleged in the indictment, on Sept. 12, 2013, Baroni instructed a Port Authority employee through coded language that the employee should not contact Mayor Sokolich. The conspirators concocted and promoted a sham story that the lane reductions were for a traffic study. They created and advanced this cover story so they could use Port Authority property, including the time and services of unwitting Port Authority personnel and other resources, to implement the lane and toll booth reductions and conceal their true punitive purpose. On Nov. 25, 2013, with Kelly's and Wildstein's knowledge, Baroni provided false and misleading testimony about the lane and toll booth reductions to the N.J. Assembly Transportation, Public Works, and Independent Authorities Committee. Baroni knowingly and intentionally made misleading statements and false representations, including: (1) communications between members of the Port Authority Police Department and Wildstein triggered the lane and toll booth reductions; (2) the lane and toll booth reductions were part of a one-week traffic study; and (3) the failure to communicate with Fort Lee and the executive director of the Port Authority was simply the result of communication breakdowns at the Part Authority. On the count of conspiracy to misuse property of an organization receiving federal benefits, the defendants and Wildstein each face a maximum potential penalty of five years in prison and a fine of $250,000. On the count of misusing property of an organization receiving federal benefits, the defendants each face a maximum potential penalty of 10 years in prison and a fine of $250,000. On each of the wire fraud conspiracy and wire fraud counts, the defendants face a count maximum potential penalty of 20 years in prison and a fine of $250,000 per count. On the of conspiring to injure and oppress certain individuals' civil rights, the defendants and Wildstein each face a maximum potential penalty of 10 years in prison and a fine of $250,000. On the s count of acting under color of law to deprive certain individuals of their civil rights, the defendant face a maximum potential penalty of one year in prison and a fine of $250,040. U.S. Attorney Fishman credited criminal investigators of the Port Authority, Office of Inspector General, under the direction of Inspector General Nestor; special agents of the FBI, under the direction of Special Agent in Charge Frankel; and criminal investigators of the U.S. Attorney's Office, for the investigation leading to today's charges and guilty plea. The government is represented by Assistant U.S. Attorneys Lee M. Cortes Jr., Vikas Khanna, and Senior Litigation Counsel J Fortier Imbert of the U.S. Attorney's Office Special Prosecutions Division, and Assistant U.S. Attorneys Paul Murphy and David W. Feder of the Criminal Division. The charges and allegations contained in the indictment are merely accusations and the defendants are considered innocent unless and until proven guilty. Defense counsel: William E. Baroni: Michael Baldassare Esq., Newark Bridget Anne Kelly: Michael Critchley Sr. Esq., Roseland, New Jersey David Wildstein: Alan L. Zegas Esq., Chatham, New Jersey https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-port-authority-and-f... 12/22/2017 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 48 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff ... Page 4 of 4 Attachment(s): Download wildstein david information.pdf Download baroni William and kelly bridget indictment.pdf Component(s): USAO -New Jersey Press Release Number: 15-154 Updated September 9, 2015 https://www.justice.goy/usao-nj /pr/former-deputy-executive-director-port-authority-and-f... 12/22/2017 7 12/29/2017 3:Trans ID: LCV2017721835 EXHIBIT MER-L-002776-17 12/29/2017 3:41:27 PM Pg 50 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff ... Page 1 of 4 ~~: U.S. Attorneys »District of New Jersey »News Department of Justice U.S. Attorney's Office District of New Jersey FOR IMMEDIATE RELEASE Friday, November 4, 2016 Former Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff In N.J. Governor's Office Guilty On All Counts Misused Government Property to Punish Forf Lee Mayor for Not Endorsing Gov. Christie's Re-election NEWARK, N.J. — A former top official of the Port Authority of New York and New Jersey and a former member of Gov, Christopher J. Christie's senior staff were convicted today for their roles in a scheme to punish the mayor of Fort Lee, New Jersey, by misusing Port Authority resources to cause traffic problems in the borough. William E. Baroni Jr., 44, former deputy executive director of the Port Authority, and Bridget Anne Kelly, 44, former deputy chief of staff to Gov. Christie, were each convicted on all seven counts with which they had been charged in an indictment returned May 1, 2015, by a federal grand jury. The jury deliberated less than four days following asix-week trial before U.S. District Judge Susan D. Wigenton in Newark federal court. "We are gratified that the members of the jury saw the evidence the way we saw it and reached their verdict of guilty today," U.S. Attorney Paul J. Fishman said. "This was a long and difficult investigation, and I am so proud of the way the members of my office, the FBI and the Port Authority Inspector General conducted themselves in the course of this case." "The citizens of the state of New Jersey have a right to expect and deserve honest services from their government, and the FBI and our law enforcement partners remain dedicated to ensuring they receive it," FBI Special Agent in Charge Timothy Gallagher of the Newark office said. "We are extremely pleased with the jury's verdict in this matter," Michael Nestor, Inspector General of the Port Authority of New York and New Jersey, said. "I want to express my gratitude https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-port-authority-and-f... 12/22/2017 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 51 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff ... Page 2 of 4 to the U.S. Attorney's Office, FBI and Office of Inspector General staff on the tremendous effort they all made resulting in the verdict." Baroni and Kelly were each convicted of conspiring to misuse, and actually misusing, property of an organization receiving federal benefits; conspiring to commit, and actually committing, wire fraud; conspiring to injure and oppress certain individuals' civil rights, and acting under color of law to deprive certain individuals of their civil rights. All of the charges relate to the defendants' scheme to manufacture traffic problems in Fort Lee by, without public warning, reducing from three to one the number of local access lanes, located in Fort Lee, to the upper level of the George Washington Bridge, and the toll booths servicing those lanes. This was done to punish Mayor Mark Sokolich for not endorsing Gov. Christie's re-election bid. A third conspirator, David Wildstein, the former director of Interstate Capital Projects at the Port Authority, pleaded guilty May 1, 2015, to a separate information charging him with two counts of conspiracy for his role in the scheme. Wildstein pleaded guilty to conspiring to misuse the property of an organization receiving federal benefits and conspiring to injure and oppress certain individuals' civil rights in connection with his role in causing traffic problems to punish Mayor Sokolich. According to documents filed in this case, statements made in court and the evidence at trial: In August 2013, after Kelly confirmed that Mayor Sokolich would not be endorsing Gov. Christie for re-election in November 2013, Baroni, Kelly, and Wildstein decided to punish the mayor by deliberately causing significant traffic problems in Fort Lee under the false pretense of a traffic study. From the morning of Sept. 9, 2013, to Sept. 13, 2013, they caused the local access lanes to be reduced so that only one toll booth, instead of the usual three, was accessible to the approach to the bridge for local traffic traveling through Fort Lee. To maximize the congestion and the punitive impact on Mayor Sokolich, Baroni, Kelly and Wildstein caused these lane and toll booth reductions to start on the first day of the school year without any advance notice to Mayor Sokolich, the Fort Lee chief of police or borough residents. The lane and toll booth reductions resulted in significant traffic in Fort Lee, for motorists intending to access the George Washington Bridge from local lanes and for residents, whose streets were choked with traffic. The conspirators agreed to disregard any inquiries from Mayor Sokolich and other Fort Lee officials about the lane and toll booth reductions. They purposely ignored communications from Mayor Sokolich, including his pleas for help, requests for information, and repeated warnings about the increased risks to public safety. On Sept. 9, 2013, after Baroni received an email that Mayor Sokolich had called about an urgent matter of public safety, Wildstein sent an email to Baroni reiterating that Baroni should maintain "radio silence" toward the mayor. On Sept. 10, 2013, Kelly sent Wildstein a text message stating: "I feel badly about the kids ... I guess," to which Wildstein replied, "They are the children of Buono voters . .." a reference to Christie's opponent in the gubernatorial election, state Sen. Barbara Buono (D-Middlesex}. When Kelly was made aware of Mayor Sokolich's communication regarding an urgent matter of public safety, she thanked Wildstein for confirming that Baroni had maintained "[r]adio silence" https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-port-authority-and-f... 12/22/2017 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 52 of 67 Trans ID: LCV2017721835 Fortner Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff ... Page 3 of 4 toward Mayor Sokolich. On Sept. 12, 2013, Baroni instructed a Port Authority employee through coded language that the employee should not contact Mayor Sokolich. The three conspirators concocted and promoted a sham story that the lane reductions were for a traffic study. They created and advanced this cover story so they could use Port Authority property, including the time and services of unwitting Port Authority personnel and other resources, to implement the lane and toll booth reductions and conceal their true punitive purpose. On Nov. 25, 2013, with Kelly's and Wildstein's knowledge, Baroni provided false and misleading testimony about the lane and toll booth reductions to the N.J. Assembly Transportation, Public Works, and Independent Authorities Commifitee. Baroni knowingly and intentionally made misleading statements and false representations, including: (1) communications between members of the Port Authority Police Department and Wildstein triggered the lane and toll booth reductions; (2) the lane and toll booth reductions were part of a one-week traffic study; and (3) the failure to communicate with Fort Lee and the executive director of the Port Authority was simply the result of communication breakdowns at the Port Authority. the On the count of conspiracy to misuse property of an organization receiving federal benefits, of three defendants each face a maximum potential penalty of five years in prison and a fine the $250,000. On the count of misusing property of an organization receiving federal benefits, $250,000. defendants each face a maximum potential penalty of 10 years in prison and a fine of maximum On each of the wire fraud conspiracy and wire fraud counts, the defendants face a count of potential penalty of 20 years in prison and a fine of $250,000 per count. On the and Wildstein conspiring to injure and oppress certain individuals' civil rights, the defendants . On the each face a maximum potential penalty of 10 years in prison and a fine of $250,000 the defendants count of acting under color of law to deprive certain individuals of their civil rights, face a maximum potential penalty of one year in prison and a fine of $250,000 Sentencing is scheduled for Feb. 21, 2017. of Inspector U.S. Attorney Fishman credited criminal investigators of the Port Authority, Office FBI, under the General, under the direction of Inspector General Nestor; special agents of the Attorney's direction of Special Agent in Charge Gallagher; and criminal investigators of the U.S. Office, for the investigation leading to today's guilty verdicts. Khanna, The government is represented by Assistant U.S. Attorneys Lee M. Comes Jr., Vikas David W. Feder and Senior Litigation Counsel J Fortier Imbert of the U.S. Attorney's Office Special Prosecutions Division. Defense counsel: William E. Baroni: Michael Baldassare Esq., Newark Bridget Anne Kelly: Michael Critchley Sr. Esq., Roseland, New Jersey Attachment(s): Download baroni William and kelly bridget indictment.pdf ity-and-f... 12/22/2017 https://www.justice.gov/usao-nj /pr/former-deputy-executive-director-port-author MER-L-002776-17 12/29/2017 3:41:27 PM Pg 53 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority And Former Deputy Chief Of Staff ... Page 4 of 4 Topic(s): Public Corruption Component(s): USAO -New Jersey Press Release Number: 16-313 Updated December 20, 2016 12/22/2017 https://www.justice.goy/usao-nj/pr/former-deputy-executive-director-port-authority-and-f... 7 12/29/2017 3:Trans ID: LCV2017721835 EXHIBIT MER-L-002776-17 12/29/2017 3:41:27 PM Pg 55 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority Sentenced To 24 Months In Prison, ... Page 1 of 4 F.~. f 11.1:i 1,.~ ~+~a.: l...l../ a.,7~1.~2ki,14 ~.p'\ ~l.•L^ ^~.•4 ,I A~,1.'k ~•' !.~ 4:1 L.I J. ~• ~• ~1.~,•1.'.~ U.S. Attorneys »District of New Jersey »News Department of Justice U.S. Attorney's Office District of New Jersey FOR IMMEDIATE RELEASE Wednesday, March 29, 2017 Former Deputy Executive Director Of Port Authority Sentenced To 24 Months In Prison, Former Deputy Chief Of Staff In N.J. Governor's Office To 18 Months ReMisused Government Property to Punish Fort Lee Mayor for Not Endorsing Gov. Christie's election and a NEWARK, N.J. — A former top official of the Port Authority of New York and New Jersey prison former member of Gov. Christopher J. Christie's senior staff were sentenced today to misusing Port terms for their roles in a scheme to punish the mayor of Fort Lee, New Jersey, by E. Authority resources to cause traffic problems in the borough, Acting U.S. Attorney William Fitzpatrick announced. and William E. Baroni Jr., 45, former deputy executive director of the Port Authority of New York deputy New Jersey, was sentenced to 24 months in prison and Bridget Anne Kelly, 44, former each chief of staff to Gov. Christie, to 18 months. On Nov. 4, 2016, Baroni and Kelly were all seven convicted following asix-week trial before U.S. District Judge Susan D. Wigenton on a federal counts with which they had been charged in an indictment returned May 1, 2015, by grand jury. Judge Wigenton imposed the sentences today in Newark federal court. Attorney "We are satisfied that the sentences handed down today are a just result," Acting U.S. ent Fitzpatrick said, "The defendants' unlawful use of their government positions and governm and resources to settle a petty political score was a flagrant breach of their duty to the public s are reflected a callous disregard for the welfare of the people of New Jersey. These sentence fair and appropriate." "Today's sentencing further reinforces the FBI's commitment to aggressively pursue public and the corruption at any level, along with our federal, state, and local law enforcement partners FBI Field U.S. Attorney's Office," Special Agent in Charge Timothy Gallagher of the Newark quality of Office said. "The citizens of the state of New Jersey expect and deserve the highest .. https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-port-authority-sente. 12/22/2017 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 56 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority Sentenced To 24 Months In Prison, ... Page 2 of 4 government, and the FBI and our law enforcement partners remain dedicated to ensuring they receive it." "The investigation, prosecution, and convictions, after trial, of William Baroni and Bridget Anne Kelly established that they misused their sacred public trust to harm the very constituents they were hired to serve," Michael Nestor, Inspector General of the Port Authority, said. "Further, Baroni and Kelly engaged in a cover-up of their scheme, and caused false information to be distributed to their fellow Port Authority employees, other government employees, and the public. The Port Authority Office of Inspector General, and its professional staff, will continue to fulfill its mission of rooting out corruption, no matter what level it may exist within the Port Authority. We commend our law enforcement partners for their cooperative effort and tireless work." Baroni and Kelly were each convicted of conspiring to misuse, and actually misusing, property of an organization receiving federal benefits; conspiring to commit, and actually committing, wire fraud; conspiring to injure and oppress certain individuals' civil rights, and acting under color of law to deprive certain individuals of their civil rights. All of the charges relate to the defendants' scheme to manufacture traffic problems in Fort Lee by, without public warning, reducing from three to one the number of local access lanes, located in Fort Lee, to the upper level of the punish George Washington Bridge, and the toll booths servicing those lanes. This was done to Mayor Mark Sokolich for not endorsing Gov. Christie's re-election bid. the Port A third conspirator, David Wildstein, the former director of Interstate Capital Projects at counts of Authority, pleaded guilty May 1, 2015, to a separate information charging him with two the conspiracy for his role in the scheme. Wildstein pleaded guilty to conspiring to misuse certain oppress and injure g to property of an organization receiving federal benefits and conspirin punish Mayor individuals' civil rights in connection with his role in causing traffic problems to Sokolich. He is awaiting sentencing. at trial: According to documents filed in this case, statements made in court and the evidence Christie In August 2013, after Kelly confirmed that Mayor Sokolich would not be endorsing Gov. by for re-election in November 2013, Baroni, Kelly, and Wildstein decided to punish the mayor traffic of a deliberately causing significant traffic problems in Fort Lee under the false pretense study. to be From the morning of Sept. 9, 2013, to Sept. 13, 2013, they caused the local access lanes approach to reduced so that only one toll booth, instead of the usual three, was accessible to the the punitive the bridge for local traffic traveling through Fort Lee. To maximize the congestion and booth impact on Mayor Sokolich, Baroni, Kelly and Wildstein caused these lane and toll reductions to start on the first day of the school year without any advance notice to Mayor s Sokolich, the Fort Lee chief of police or borough residents. The lane and toll booth reduction ton Washing resulted in significant traffic in Fort Lee, for motorists intending to access the George Bridge from local lanes and for residents, whose streets were choked with traffic. Lee The conspirators agreed to disregard any inquiries from Mayor Sokofich and other Fort from officials about the lane and toll booth reductions. They purposely ignored communications Mayor Sokolich, including his pleas for help, requests for information, and repeated warnings email that about the increased risks to public safety. On Sept. 9, 2013, after Baroni received an https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-port-authority-sente... 12/22/2017 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 57 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority Sentenced To 24 Months In Prison, ... Page 3 of 4 Mayor Sokolich had called about an urgent matter of public safety, Wildstein sent an email to Baroni reiterating that Baroni should maintain "radio silence" toward the mayor. On Sept. 10, 2013, Kelly sent Wildstein a text message stating: "I feel badly about the kids . . . I guess," to which Wildstein replied, "They are the children of Buono voters ..." a reference to Christie's opponent in the gubernatorial election, state Sen. Barbara Buono (D-Middlesex). When Kelly was made aware of Mayor Sokolich's communication regarding an urgent matter of public safety, she thanked Wildstein for confirming that Baroni had maintained "[r]adio silence" toward Mayor Sokolich. On Sept. 12, 2013, Baroni instructed a Port Authority employee through coded language that the employee should not contact Mayor Sokolich. The three conspirators concocted and promoted a sham story that the lane reductions were for a traffic study. They created and advanced this cover story so they could use Port Authority property, including the time and services of unwitting Port Authority personnel and other resources, to implement the lane and toll booth reductions and conceal their true punitive purpose. On Nov. 25, 2013, with Kelly's and Wildstein's knowledge, Baroni provided false and misleading testimony about the lane and toll booth reductions to the N.J. Assembly Transportation, Public Works, and Independent Authorities Committee. Baroni knowingly and intentionally made misleading statements and false representations, including: (1) communications between booth members of the Port Authority Police Department and Wildstein triggered the lane and toll reductions; (2) the lane and toll booth reductions were part of a one-week traffic study; and (3) was the failure to communicate with Fort Lee and the executive director of the Port Authority simply the result of communication breakdowns at the Port Authority. to one In addition to the prison terms, Judge Wigenton sentenced the each of the defendants year of supervised release. of Acting U.S. Attorney Fitzpatrick credited criminal investigators of the Port Authority, Office Inspector General, under the direction of Inspector General Nestor; special agents of the FBI, U.S. under the direction of Special Agent in Charge Gallagher; and criminal investigators of the Attorney's Office, for the investigation leading to today's guilty verdicts. The government is represented by Assistant U.S. Attorneys Lee M. Comes Jr., Vikas Khanna, David W. Feder and Senior Litigation Counsel J Fortier Imbert of the U.S. Attorney's Office Special Prosecutions Division. Defense counsel: William E. Baroni: Michael Baldassare Esq., Newark Bridget Anne Kelly: Michael Critchley Sr. Esq., Roseland, New Jersey Topic(s): Public Corruption Component(s): USAO -New Jersey https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-port-authority-sente... 12/22/2017 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 58 of 67 Trans ID: LCV2017721835 Former Deputy Executive Director Of Port Authority Sentenced To 24 Months In Prison, ... Page 4 of 4 Updafied March 29, 2017 7 https://www.justice.gov/usao-nj/pr/former-deputy-executive-director-port-authority-sente... 12/22/201 7 12/29/2017 3:Trans ID: LCV2017721835 EXHIBIT MER-L-002776-17 12/29/2017 3:41:27 PM Pg 60 of 67 Trans ID: LCV2017721835 Case 2:15-cr-00193-SDW Document 333 Filed 03/30/17 Page 1 of 8 PagelD: 9934 AO 2458 jF~ic,c~. Dri~.l t2;r,~5} :;hee.; ~dni~nt in a C.iminal Casa . UNITED STATES DISTRICT COURT District of New Jersey UNITED STATES OF AMERICA CASE NUMBER ~~ C:3~l~Ili 2:15-CR-00'193-SDW-2 ~iP►[~i~~~'1 Defendant. JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987) The defendant, BRIDGET ANNE KELLY, was represented by MICHAEL D. CRITCHLEY, ESQ. (Retained). The defendant was found guilty on counts) 1, 2, 3, 4, 6, 8, 9 by a jury verdict on 11/4/2016 after a plea of not guilty. Accordingly, the court has adjudicated that the defendant is guilty of the fallowing affense(s): Title &Section Nature of t~ffense Date of Offense Count Numbers) 18:371 CONSPIRACY TO OBTAIN BY FRAUD, KNOWINGLY CONVERT, AND INTENTIONALLY MISAPPLY PROPERTY OF AN ORGANIZATION RECEIVING FEDERAL BENEFITS 8/2013-12/2013 1 i zs:o6r3~~j~i j~i~j VLF1 Hll~t Eil' = t = f iHI.JU, KIVUViiIlvc:~LY I:ViVV~K'I IIV(a, HfVU L INTENTIONALLY MISAPPLYING PROPERTY OF AN ORGANIZATION RECEIVING FEDERAL BENEFITS t~%1U'I:i-'11%L(J'I~ AND 2 18:1349 CONSPIRACY TO COMMIT WIRE FRAUD 8/2013-12/2013 3 18:1343 AND 2 WIRE FRAUD 8/2013-12/2013 4 18:1343 AND 2 WIRE FRAUD 8/2013-12/2013 6 18:241 CONSPIRACY AGAINST CIVIL RIGHTS 8/2013-9/13/13 8 18:242 AND 2 DEPRIVATION OF CIVIL RIGHTS 8/2013-9/13/13 9 As pronounced on March 29, 2017, the defendant is sentenced as provided in pages 2 through 8 of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. It is ordered that the defendant shall pay to the United States a special assessment of $625.OQ for caunt(s) 1, 2, 3, 4, 6, 8, 9, which shall be due immediately. Said special assessment shall be made payable to the Clerk, U.S. District Caurt. MER-L-002776-17 12/29/2017 3:41:27 PM Pg 61 of 67 Trans ID: LCV2017721835 Case 2:15-cr-00193-SDW Document 333 Filed 03/30/17 Page 2 of 8 PageiD: 9935 AO 2458 (Mod. D/NJ 12/06) Sheet 1 -Judgment in a Criminal Case It is further ordered that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs and special assessments imposed by this judgment are fully paid. If ordered to pay restitution, the defendant shall n i! y the court and United States attorney of any ; - -~~-,~ material change in the defendant's economic circumstances. ~ f%~ Signed this 30th day of March, 2017. [•~ 07446 MER-L-002776-17 12/29/2017 3:41:27 PM Pg 62 of 67 Trans ID: LCV2017721835 Case 2:15-cr-00193-SDW Document 333 Filed 03/30/17 Page 3 of 8 PagelD: 9936 Aq 245B (Mod. D/NJ 12/06) Sheet 2 - Imprisonment Judgment -Page 3 of 8 Defendant: BRIDGET ANNE KELLY Case Number: 2:15-CR-00193-SDW-2 IMPRISONMENT The defendant is hereby committed to the custody of the United States Bureau of Prisons to be imprisoned for a term of 18 months, on each of Counts Une, Two, Three, Four, Six and Eight and a term of 12 months on Caunt Nine, aii counts to be served concurrently. The defendant shall surrender for service of sentence at the institution designated by the Bureau of Prisons , RETURN have executed this Judgment as follows: At Defendant delivered on To with a certified copy of this Judgment. United States Marshal By Deputy Marshal MER-L-002776-17 12/29/2017 3:41:27 PM Pg 63 of 67 Trans ID: LCV2017721835 Case 2:15-cr-00193-SDW Document 333 Filed 43/30117 Page 4 of 8 PagelD: 9937 AO 2458 (Mod. D/NJ 12/06) Sheet 3 -Supervised Release Judgment -Page 4 of 8 Defendant: BRIDGET ANNE KELLY Case Number: 2:15-CR-00193-SDW-2 SUPERVISED RELEASE Upon release from imprisonment, you will be on supervised release for a term of 1 year, on each Count, ail such terms to run concurrently. Within 72 hours of release from custody of the Bureau of Prisons, you must report in person to the Probation Office in the district to which you are released. While on supervised release, you must not commit another federal, state, or local crime, must refrain from any unlawful use of a controlled substance, must cooperate in the collection of DNA as directed by the probation officer and must comply with the mandatory and standard conditions that have been adopted by this court as set forth below. Based on information presented, you are excused from the mandatory drug testing provision, however, you may be requested to submit to drug testing during the period of supervision if the probation o~cer determines a risk of substance abuse. If this judgment imposes a fine, special assessment, costs, or restitution obligation, it shall be a condition of supervised release that you pay any such fine, assessments, costs, and restitution that remains unpaid at the commencement of the term of supervised release and must comply with the following special conditions: COMMUNITY SERVICE (500 hours over 1 year) You must contribute 500 hours of community service work over a period of one year or less, from the date supervision commences. Such service shall be without compensation, with the specific work placement to be approved by the U.S. Probation Office. FINANCIAL DISCLOSURE Upon request, you must provide the U.S. Probation Office wifih full disclpsure of your financial records, including com~nylow iii~vi~i~~ i~.X~'~~.iiii" i i i ~iAt~ .J~ aJjcij ai liiilGJ~'~ ll~ it141UUC ~!CQ11~% II I1.V11IG tQJI 1GIUI I IJ. YY ~tl 1lIC CXI.CF.ILIV1I UI ll l~ (II1C11 1C,.IdI accounts reported and noted within the presentence report, you are prohibited from maintaining and/or opening any additional individual and/or joint checking, savings, or other financial accounts, for either personal or business purposes, without the knowledge and approval of the U.S. Probation Office. You must cooperate with the Probation Officer in the investigation of your financial dealings and must provide truthful monthly statements of your income. You must cooperate in the signing of any authorization to release information forms permitting the U.S. Probation Office access to your financial records. NEW DEBT RESTRICTIONS You are prohibited from incurring any new credit charges, opening additional lines of credit, or incurring any new monetary loan, obligation, or debt, by whatever name known, without the approval of the U.S. Probation Office. You must not encumber or liquidate interest in any assets unless it is in direct service of the fine and/or restitution obligation or otherwise has the expressed approval of the Court. OCCUPATIONAL RESTRICTIONS As a further special condition of supervised release, you must refrain from seeking or holding any employment, elected, appointed, or otherwise, paid or unpaid, with any government agency during the term at supervised release. {As an underlying foundation for this special condition, the Court must find that: (9J a reasonably direct relationship existed between the defendant's occupation, business or profession and the conduct relevant to the offense of conviction; (2) imposition of such a restriction rs reasonably necessary to profect the public because there is reason to believe that, absent such restriction, the defendant will continue to engage in unlawful conduct similar to that for which the defendant was convicted; and (3) that the time frame and structure of the special condition is for the minimum time frame and to the minimum extent necessary to protect the public.} MER-L-002776-17 12/29/2017 3:41:27 PM Pg 64 of 67 Trans ID: LCV2017721835 Case 2:15-cr-00193-SDW Document 333 Filed 03/30/17 Page 5 of 8 PageiD: 9938 AQ 2458 (Mod. D/NJ 12/06) Sheet 3a -Supervised Release Judgment -Page 5 of 8 Defendant: BRIDGET ANNE KELLY Case Number: 2:15-CR-00193-SDW-2 STANDARD CONDITIONS OF SUPERVISION As part of your supervised release, you must comply with the following standard conditions of supervision, These conditions are imposed because they establish the basic expectations fior your behavior while on supervision and identify the minimum tools needed by probation officers to keep informed, report to the court about, and bring about improvements in your conduct and condition. 1) You must report to the probation office in the federal judicial district where you are authorized to reside within 72 hours of your release from imprisonment, unless the probation officer instructs you to report to a different probation office or within a different time frame. 2) After initially reporting to the probation office, you will receive instructions from the court or the probation officer about how and when you must report to the probation officer, and you must report to the probation officer as instructed. 3) You must not knowingly leave the federal judicial district where you are authorized to reside without first getting permission from the court or the probation officer. 4) You must answer truthfully the questions asked by your probation officer. 5) You must live at a place approved by the probation officer. If you plan to change where you live or anything about your living arrangements (such as the people you live with), you must notify the probation officer at least 10 days before the change. If notifying the probation officer in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 6) You must allow the probation officer to visit you at any time at your home or elsewhere, and you must permit the probation officer to take any items prohibi#ed by the conditions of your supervision that he or she observes in plain VIPW; 7) You must work full time (at least 30 hours per week) at a lawful type of employment, unless the probation officer excuses you from doing so. If you da not have fulltime employment you must try to find ful!-time employment, unless the probation officer excuses you from doing so. If you plan to change where you work or anything about your work (such as your position or your job responsibilities), you must notify the probation officer at least 10 days before the change. If notifying the probation officer at least 10 days in advance is not possible due to unanticipated circumstances, you must notify the probation officer within 72 hours of becoming aware of a change or expected change. 8) You must not communicate ar interact with someone you know is engaged in criminal activity. If you know someone has been convicted of a felony, you must not knowingly communicate or interact with that person without first getting the permission of the probation officer. 9) If you are arrested or questioned by a la~v enforcement officer, you must notify the probation officer within 72 hours. 10) You must not own, possess, or have access to a firearm, ammunition, destructive device, or dangerous weapon (i.e.. anything that was designed, or was modified for, the specific purpose of causing bodily injury or death to another person such as nunchakus or triers). 11) You must no# act or make any agreement with a law enforcement agency to act as a confidential human source or informant without first getting the permission of the court. 12) If the probation officer determines that you pose a risk to another person (including an organization), the probation officer may require you to notify the person about the risk and you must comply vwith that instruction. The probation officer may contact the person and confirm that you have notified the person about the risk. MER-L-002776-17 12/29/2017 3:41:27 PM Pg 65 of 67 Trans ID: LCV2017721835 Case 2:15-cr-00193-SDW Document 333 Filed 03/30/17 Page 6 of 8 PagelD: 9939 AO 2a5B (Mod. DiNJ 12x06) Sheet 3a -Supervised Release Judgment -Page 6 of 8 Defendant: BRIDGET ANNE KELLY Case Number: 2:15-CR-00193-SDW-2 STANDARD CONDITIONS OF SUPERVISION 13) You must follow the instructions of the probation officer related to the conditions of supervision. For Official Use Only - - - U. S. Probation Office Upon a finding ofi a violation of probation or supervised release, I understand that the Court may (1) revoke supervision or (2) extend the term of supervision andlor modify the conditions of supervision. These conditions have been read to me. I fully understand the conditions, and have been provided a copy of them. You shall carry out all rules, in addition to the above, as prescribed by the Chief IJ.S. Probation Officer, or any of his ~ associate Probation Officers. (Signed) ~ Defendant Date ~ Date U.S. Probation Officer/Designated Witness --------------------------------------------------------------------------------- MER-L-002776-17 12/29/2017 3:41:27 PM Pg 66 of 67 Trans ID: LCV2017721835 Case 2:15-cr-00193-SDW Document 333 Filed 03/3117 Page 7 of 8 PagelD: 9940 AO 246 (Mod. ~!NJ 12!06) Sheet 5 -Fine Judgment -Page 7 of 8 Defendant: BRIDGET ANNE KELLY Case Number: 2:15-CR-OQ193-SDW-2 FINE The defendant shall pay a fine of $2,800.00. This amount is the total of the fines imposed on individual counts, as follows: $400.00 on each of Counts One, Two, Three, Four, Six, Eight, and Nine. The fine is due immediately. It is recommended that the de#endant participate in the Bureau of Prisons Inmate Financial Responsiblity Program (IFRP). If the defendant participates in the IFRP, the fine shall be paid from those funds at a rate equivalent to $25 every 3 months. In the event the fine is not paid prior to the commencemen# of supervision, the defendant shall satisfy the amount due in monthly installments of no less than $150, to commence upon completion of the restitution obligation. If the fine is not paid, the court may sentence the defendant to any sentence which might have been originall}~ imposed. See 18 U.S.C. § 3614. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, pa~m~n# of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payrr~ents made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. Payments shall be applied in the fallowing order: (1 }assessment, (2J restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6}fine interest, (7) penalties, and (8) costs, including cost of prosecution and court costs. MER-L-002776-17 12/29/2017 3:41:27 PM Pg 67 of 67 Trans ID: LCV2017721835 Case 2:15-cr-00193-SDW Document 333 Filed 03/30/17 Page 8 of 8 PageiD: 9941 AO 2458 (Mod, D/NJ 12/06) Sheet 6 -Restitution and Forfeiture Judgment -Page 8 of 8 Defendant: BRIDGET ANNE KELLY Case Number: 2:15-CR-00193-SDW-2 RESTITUTION AND FORFEITURE RESTITUTION The defendant shall make restitution in the amount of $14,314.04. The Court will waive the interest requirement in this case. Payments should be made payable to the U.S. Treasury and mailed to Cierk, U.S.D.C., 402 East State Street, Rm 2020, Trenton, New Jersey 08608, for distribution to The Port Authority of New York and New Jersey Attn: Stephen Pasichow Deputy Inspector General, Office of Inspector General, The Port Authority of New York and New Jersey, 5 Marine View Plaza, Suite 502, Hoboken, NJ 07030. The amounts ordered represent the total amounts due to the victims for these losses. The defendant's restitution obligations shall not be affected by any restitution payments made by other defendants in this case, except that no further payments shall be required after the sums of the amounts actually paid by all defendants has fully satisfied this loss. The following defendants) in the following cases) may be subject to restitution orders to the same victims for this same loss: William E. Baroni, Jr. 15-CR-193-01 David Wildstein 15-CR-209 The restitution is due immediately. It is recommended that the defendant participate in the Bureau of Prisons Inmate Financial Responsiblity Program (IFRP). If the defendant participates in the tFRP; the res#i#~~ti~n shall hP nai l from thnca funds at a rate equivalent to $25 every 3 months. In the event the entire restitution is not paid prior to the commencement of supervision, the defendant shall satisfy the amount due in monthly installments of no less than $500, to commence 30 days after release from confinement. Unless the court has expressly ordered otherwise, if this judgment imposes imprisonment, payment of criminal monetary penalties is due during imprisonment. All criminal monetary penalties, except those payments made through the Federal Bureau of Prisons' Inmate Financial Responsibility Program, are made to the clerk of the court. Payments shall be applied in the following order: (1) assessment, (2) restitution principal, (3) restitution interest, (4) fine principal, (5) community restitution, (6) fine interest, (7} penalties, and (8) costs, including cost of prosecution and court costs.