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TRENTON
– Attorney General Anne Milgram and
Criminal Justice Director Gregory A. Paw
announced that a jury today convicted former
state Commerce Commission chief of staff
Lesly Devereaux of official misconduct for
illegally using Commerce employees to run
her private law practice from the Commission’s
offices.
Devereaux,
49, of Piscataway, was found guilty by a
Mercer County jury of a second-degree charge
of official misconduct and a third-degree
charge of misapplication of government property
related to her misuse of state employees
to run her private law practice while at
Commerce. Deputy Attorneys General Robert
Czepiel and Anthony Picione prosecuted the
case before Superior Court Judge Maryann
K. Bielamowicz.
Devereaux
faces up to 10 years in state prison and
a criminal fine of $150,000 on the second-degree
charge. She faces a maximum sentence on
the third-degree charge of five years in
state prison and a criminal fine of $15,000.
Devereaux was found not guilty on two counts
of the 16-count indictment obtained by the
Division of Criminal Justice, and the jury
was unable to reach a verdict on the remaining
12 counts, which involve allegations that
Devereaux illegally hired family members
as commission consultants and created false
documents to cover up her conduct. The state
has three weeks to decide whether to retry
the defendant on the charges on which the
jury deadlocked.
“Ms.
Devereaux’s brazen use of Commerce
Commission staff and resources to run her
law practice showed a contempt for the law
and for the people of this state,”
said Attorney General Milgram. “This
verdict ensures that she will be held accountable
for her crimes. We will continue to vigorously
investigate and prosecute corruption in
order to foster a culture of integrity in
New Jersey.”
In convicting Devereaux, the jury found
that she used her position as chief of staff
and vice president of operations for the
Commerce Commission to benefit herself.
The jury found that Devereaux misused state
personnel from February 2002 to May 2004
by having commission staff perform work
for her private legal practice while on
duty for the Commission.
“Ms.
Devereaux blatantly used the authority of
her office to enrich herself, using state
personnel to run her private law practice,”
said Director Paw. “This verdict should
send a strong message that official misconduct
will not be tolerated in New Jersey.”
“This
type of case is incredibly complex and requires
tight teamwork by investigators and prosecutors,”
said Col. Rick Fuentes, Superintendent of
the New Jersey State Police. “I congratulate
the outstanding team made up of members
of the State Police and Division of Criminal
Justice corruption units.”
Judge
Bielamowicz increased Devereaux’s
bail from $25,000 to $50,000 following the
verdict.
Devereaux’s
sister and mother pleaded guilty on June
6 before Judge Bielamowicz. Candace Harper,
45, of Raleigh, North Carolina, and Lillian
Harper, 67, of Riverside, California, each
pleaded guilty to a charge of third-degree
tampering with public records. Lillian Harper
was admitted into the Pre-Trial Intervention
program on July 5, conditioned on her performing
50 hours of community service, paying $2,275
in restitution and being permanently barred
from public employment in New Jersey. Under
the plea agreement, the state will recommend
that Candace Harper receive a four-year
prison sentence when she is sentenced on
Aug. 10. She will be ordered to pay full
restitution and be permanently barred from
public employment in the state.
According
to Paw, the Office of the State Auditor,
which reports to the Office of Legislative
Services, began an audit in January 2004
at the Commerce and Economic Development
Commission. The auditors were repeatedly
rebuffed in their requests for commission
books and records and were advised that
any and all requests for documents were
to be submitted in writing to Devereaux.
In April 2004, state auditors contacted
the Division of Criminal Justice.
The
investigation by the Division of Criminal
Justice determined that Candace Harper,
while living in North Carolina, was paid
$9,250 to purportedly review vendor files
and develop a database of vendors for use
by the commission. Investigators found that
the responsibilities were minimal and any
work actually performed could have been
completed by Commerce Commission staff.
The investigation determined that nine commission
checks were issued to Candace Harper. Two
of the checks were endorsed, signed and
cashed by Devereaux, and four were co-endorsed
and cashed by Devereaux. The investigation
determined Lillian Harper was paid $2,275
as an independent consultant to proof read
two commission publications which had already
been reviewed, edited and published by commission
staff.
New
Jersey State Police Detective Sgt. Myles
Cappiello, assigned to the Division of Criminal
Justice Corruption Unit, coordinated the
investigation, along with State Investigators
Kiersten Pentony, Edward Augustyn and Anthony
Luyber and analyst Alison Callery. Additional
investigative assistance was provided by
State Investigator Christina McCarthy of
the Division of Criminal Justice Computer
Analysis & Technology Unit and state
auditors from the
Office of Legislative Services. Additional
assistance was also provided by Deputy Attorneys
General Susan Kase, Hillary Horton and Natalie
Drummond, along with State Investigator
Paul Marfino, of the Division of Criminal
Justice.
Attorney
General Milgram and Director Paw noted that
the Division of Criminal Justice - Special
Prosecutions Bureau has established a toll-free
Corruption Tipline for the public to report
corruption, financial crime and other illegal
activities. The statewide Corruption Tipline
is 1-866-TIPS-4CJ. Additionally, the public
can log on to the Division of Criminal Justice
Web page at www.njdcj.org
to report suspected wrongdoing. All information
received through the Division of Criminal
Justice Corruption Tipline or Web page will
remain confidential.
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