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Hudson County Freeholder Nidia Davila-Colon Convicted for Passing Bribes to Janiszewski

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Posted by U.S. Attorney's Office, District of New Jersey Press Release on June 23, 2003 at 19:18:01:

2003-06-23 -- Davila-Colon, Nidia -- Conviction -- News Release

Hudson County Freeholder Nidia Davila-Colon Convicted for Passing Bribes to Janiszewski

NEWARK - Hudson County Freeholder Nidia Davila-Colon was convicted by a federal jury today on all five counts against her, including charges that she passed cash bribes from a Hudson County psychiatrist to then-Hudson County Executive Robert C. Janiszewski, U.S. Attorney Christopher J. Christie announced.

During her three-week trial before U.S. District Judge William G. Bassler, Davila-Colon admitted that she passed an envelope containing a $5,000 cash payoff to Janiszewski at a political fund-raising event on Oct. 15, 1999. The $5,000 cash bribe, which was from Davila-Colon's psychiatrist boyfriend Oscar Sandoval and given to Janiszewski, came several weeks after Sandoval won $2.3 million in county contracts to render psychiatric services at a county hospital and a county correctional facility, according to Assistant U.S. Attorney Jeffrey D. Clark.

Davila-Colon, 49, a Hudson County Freeholder for the past 19 years, is the longest serving female politician in the state. Sandoval, who cooperated with the government, has not been charged by the government with any wrongdoing.

"This verdict reaffirms our belief that if you break the law as a public official, you will be held accountable," Christie said. "We will continue our fight to give New Jersey a clean and honest government at all levels."

According to the five-count Indictment, Davila-Colon passed two $5,000 cash payments to Janiszewski at events in September and October 1999. She also had discussions with both Janiszewski and Sandoval about the cash payments and his contracts, which were coming up for renewal. At one point, according to the Indictment, Davila-Colon suggested including in an envelope with the cash a note to Janiszewski inquiring about the status of Sandoval's contracts.

The Indictment also alleges that Davila-Colon resisted Sandoval's suggestion that he personally pass the cash to Janiszewski, telling him that her participation as Janiszewski's intermediary was necessary because, "If he goes down, I go down"; and "My career is on the line and his is too . . . if we go, we both go down."

Count One to Count Three of the Indictment charge that Davila-Colon's conduct was part of a scheme to defraud the Hudson County government and the citizens of Hudson County of their right to the honest services of their elected officials - herself and Janiszewski. Those counts charge mail fraud, in that the U.S. mails were used to further the scheme to conceal the corrupt payments made to Janiszewski and Davila-Colon's role in making those payments. Each of these counts carries a maximum penalty of five years in prison and a $250,000 fine.

Counts Four and Five of the Indictment charge that Davila-Colon aided and abetted Janiszewski's attempted extortion under color of official right. Each of these counts carries a maximum penalty of 20 years in prison and a $250,000 fine.

Judge Bassler set sentencing for Sept. 29, 2003 at 10 a.m.

Under U.S. Sentencing Guidelines, Judge Bassler will determine an actual sentence based upon a formula that takes into account the severity and characteristics of the offense, and the defendant's criminal history, if any.

Parole has been abolished in the federal system. Under Sentencing Guidelines, defendants who are given custodial terms must serve nearly all that time.

Christie credited Special Agents of the FBI in Newark, under the direction of Special Agent in Charge Louie F. Allen, for their work in developing the case. Christie gave special thanks to the Hudson County Public Corruption Task Force, comprised of the FBI, IRS, the New Jersey State Police, and the Hudson County Prosecutor's Office.

The Government is represented by Assistant U.S. Attorneys Jeffrey D. Clark and Phillip Kwon, of the U.S. Attorney's Office in Newark.


-end-

Defense Attorney:

Peter Willis, Esq. Jersey City

John Young, Esq.

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