Essex County Executive DiVincenzo Settles Years-Long Campaign Finance Case
Longtime Essex County Executive Joseph DiVincenzo and his treasurer have paid New Jersey election law regulators a little more than $20,000 in penalties to resolve allegations that they failed to properly report campaign contributions and improperly spent other funds.
December 06, 2017 at 01:55 PM
9 minute read
Joseph DiVincenzo.
Longtime Essex County Executive Joseph DiVincenzo and his treasurer have paid New Jersey election law regulators a little more than $20,000 in penalties to resolve allegations that they failed to properly report campaign contributions and improperly spent other funds.
According to a consent order released Wednesday by the state Election Law Enforcement Commission, DiVincenzo and his treasurer, Jorge Martinez, paid ELEC $20,446.60 on Nov. 20. The next day, in a 3-0 vote, the ELEC commissioners agreed to accept that payment to resolve the claims, the order said.
The commissioners previously had determined that DiVincenzo and Martinez had violated state campaign finance laws and regulations, and ordered them to pay $25,558.25 in penalties. DiVincenzo and Martinez will not be required to pay the difference between the two amounts, the order said.
Along the way, the long-running case yielded an appeal and a published ruling on the extent of ELEC's investigative authority while lacking a full complement of commissioners.
The original ELEC complaint alleged that DiVincenzo, a Democrat first elected in 2003, failed to properly report $72,000 in contributions, and that he improperly spent $16,000 for purchases of clothes, trips to Houston and Puerto Rico, and tickets to sporting events. He could have been fined up to $4.5 million under law, according to ELEC.
The settlement was finalized not long before DiVincenzo announced his reelection campaign.
Angelo Genova, the attorney representing DiVincenzo and Martinez, said in a statement that the settlement was fair.
“We are pleased to have mutually resolved these matters with the commission,” said Genova, of Newark's Genova Burns. “This has been a textbook case on how the rules on permissible campaign fund expenditures for all candidates and public officials remain gray and not black-and-white.
“The county executive believes the settlement is fair under all the circumstances and avoids the expense of further litigation,” Genova said.
In September, the Appellate Division ruled that ELEC could proceed with an investigation into the alleged violations. The court's published decision overturned a ruling by Administrative Law Judge Jeff Masin, who said an ELEC investigation could not be pursued without a bipartisan quorum of commissioners.
Appellate Division Judge Marianne Espinosa, writing for the panel, said ELEC has “broad authority” to conduct investigations, even though there may be a lack of commissioners at any given time. To adopt that standard, Espinosa said, would be to subvert ELEC's statutory authority to enforce the state's campaign finance laws. Judges Carmen Messano and Karen Suter joined in the ruling.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllAppellate Div. Follows Fed Reasoning on Recusal for Legislator-Turned-Judge
4 minute readChiesa Shahinian Bolsters Corporate Practice With 5 From Newark Boutique
5 minute readOn the Move and After Hours: Brach Eichler; Cooper Levenson; Marshall Dennehey; Archer; Sills Cummis
7 minute read'A Mockery' of Deposition Rules: Walgreens Wins Sanctions Dispute Over Corporate Witness Allegedly Unfamiliar With Company
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250