NEWARK, N.J. – A Union County, New Jersey, man has been indicted on charges of making corrupt payments to a public official, wire fraud, and using a facility in interstate commerce to facilitate bribery, U.S. Attorney Craig Carpenito announced today.
Jeanmarie Zahore, 56, of Rahway, New Jersey, is charged in an indictment unsealed today with one count of making corrupt payments to an agent of a local government receiving federal funds, two counts of wire fraud, and one count of violating the Travel Act to carry on bribery. Zahore made his initial appearance before U.S. Magistrate Judge Cathy L. Waldor and was released on $100,000 unsecured bond. No date has been scheduled for Zahore’s arraignment.
According to the indictment:
Zahore was the sole owner of JZ Nettech, a computer consulting business that he operated out of his residence. On Sept.15, 2015, the City Council of Orange Township, New Jersey, passed a resolution awarding JZ Nettech, without competitive bidding, a $350,000 emergency contract to install a computer networking system at a municipal complex that housed the Orange Municipal Court and the Orange Police Department (the “Municipal Complex Project”).
From August 2015 through at least Nov. 23, 2015, Zahore engaged in a scheme to offer and give corrupt cash payments to an unnamed Orange public official (“Individual 1”) to influence and reward Individual 1 for using Individual 1’s influence to arrange for Orange to award JZ Nettech the emergency contract and to facilitate payments from Orange to JZ Nettech.
After communications between Zahore and Individual 1, at a meeting at the Municipal Complex on Sept. 14, 2015, Individual 1 advised a senior official of the Orange Municipal Court (the “Court Official”) and a senior official of the Orange Police Department (the “Police Department Official”) that: (a) there was an urgent need to address a potential security vulnerability in the Municipal Complex’s computer network, and (b) JZ Nettech had been selected as the vendor to fix the problem. Individual 1 caused Orange to issue a Certification of Funds, certifying that $350,000 was available for the Municipal Complex Project and identifying the vendor as JZ Nettech.
On Sept. 15, 2015, Individual 1 spoke before the Orange City Council in support of allocating emergency funds for the Municipal Complex Project and awarding the Municipal Complex Project to JZ Nettech. At the meeting, during which Orange City Council members raised questions about the selection of JZ Nettech as the vendor for the Municipal Complex Project, Individual 1 did not disclose that Individual 1 had engaged in communications with Zahore since at least Aug. 31, 2015.
On Sept. 16, 2015, the day after the Orange City Council approved the $350,000 contract, Individual 1 approved the issuance of a blanket purchase order authorizing Orange to pay JZ Nettech $350,000 in connection with the Municipal Complex Project.
On Sept. 17, 2015, after Zahore and Individual 1 text-messaged about Zahore’s invoice to Orange and meeting with each other, Zahore sent an email to Orange Employee 1, attached to which was a JZ Nettech “invoice related to the 1st stage of the project” seeking a payment of $115,000. On the same date, Zahore sent a text message to Individual 1, stating, “I sent [the JZ Nettech invoice for $115,000] to [Orange Employee 1]. Do you want a copy sent to u?”
On Sept. 18, 2015, Zahore sent an email to Orange Employee 1, attached to which was a revised JZ Nettech invoice, still seeking a payment of $115,000, but now indicating that $34,460 of the $115,000 was for the “Purchase of wiring for buildings.” On the same date, at Individual 1’s direction, the Police Department Official signed and approved a purchase order for the payment of $115,000 to JZ Nettech for the “PURCH[ASE] OF WIRING/CABLE/SUPPLIES” for the Municipal Complex Project. Typically, vendors are not pre-paid by Orange to purchase supplies for a project.
From Sept. 18, 2015, to Nov. 10, 2015, Zahore received and deposited three Orange checks totaling $350,000 in connection with the Municipal Complex Project into a bank account for him and JZ Nettech.
On Nov. 20, 2015, and Nov. 23, 2015, Zahore withdrew a total of approximately $50,000 in cash from this bank account, which was obtained, in substantial part, from the funds paid by Orange. On each of those same dates, Zahore gave, and Individual 1 accepted, approximately $10,000 in cash, which was intended to influence and reward Individual 1 for Individual 1’s assistance in connection with the Municipal Complex Project. Zahore characterized those two cash payments to Individual 1 totaling approximately $20,000 in a spreadsheet that Zahore maintained of expenses related to the Municipal Complex Project as follows:
|11/20/2015||Gift: [Initials of Individual 1]||$10,000.00|
|11/23/2015||Gift: [Initials of Individual 1]||$10,000.00|
Each of the following charges carries the following maximum potential penalties:
The count of making corrupt payments to an agent of a local government receiving federal funds is punishable by a maximum of 10 years in prison; the count of wire fraud is punishable by a maximum of 20 years in prison; and the count of use of an interstate facility to facilitate bribery is punishable by a maximum of five years in prison. Each count also carries a potential fine of $250,000.
U.S. Attorney Carpenito credited special agents of the FBI, under the direction of Acting Special Agent in Charge Joe Denahan in Newark; special agents of the U.S. Department of Housing and Urban Development, Office of Inspector General, under the direction of Special Agent in Charge Christina Scaringi; and special agents of IRS-Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to today’s charges.
The government is represented by Assistant U.S. Attorneys Cari Fais and J Fortier Imbert of the U.S. Attorney’s Office’s Special Prosecutions Division.
The charges and allegations contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.