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For Immediate Release:  
For Further Information:
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January 9, 2009  

Peter Aseltine
609-292-4791

Office of The Attorney General
- Anne Milgram, Attorney General
Division of Criminal Justice
- Deborah L. Gramiccioni, Director

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Former Clayton Police Chief Sentenced to Prison for Stealing from Mothers Against Drunk Driving and Police Department

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TRENTON – Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced that former Clayton Borough police chief Frank Winters was sentenced to state prison today for stealing from Mothers Against Drunk Driving and his police department. He stole $180,000 from MADD.

Frank Winters, 62, of Newfield, was sentenced to seven years in state prison by Superior Court Judge M. Christine Allen-Jackson in Gloucester County. He was ordered to pay $180,000 in restitution to MADD and $989 to Clayton Borough. The judge ordered that he be permanently barred from public employment in New Jersey.

Winters pleaded guilty on Sept. 10 to second-degree theft by deception for the thefts from MADD, and second-degree official misconduct for the thefts from the police department. The charges were contained in two separate indictments obtained by the Division of Criminal Justice. The charges resulted from an investigation by the New Jersey State Police Organized Crime Control Bureau South and the Division of Criminal Justice.

Judge Allen-Jackson sentenced Winters to seven years in prison on the theft charge related to MADD, and five years on the official misconduct charge related to the thefts from the police department, with the sentences to be served concurrently.

“This former police chief broke the laws he was sworn to uphold and betrayed the trust he gained as a local and national leader of Mothers Against Drunk Driving,” said Attorney General Milgram. “It is especially disturbing that he stole from the police force he led and from MADD, a nonprofit dedicated to saving lives.”

Winters and his wife, Bernice, 57, are former leaders of MADD at the state and local levels. Frank and Bernice Winters are both former chairmen of the New Jersey state chapter of MADD. Frank Winters also served on the national board of directors.

Bernice Winters was indicted with her husband on July 18, 2007 on charges of conspiracy and theft related to the money stolen from MADD. Under the plea agreement with Frank Winters, the state agreed not to oppose Bernice Winters’ application to the court for the Pre-Trial Intervention Program, conditioned on the couple’s payment of $180,000 in restitution to MADD.

“We will continue to work with the State Police and other law enforcement partners throughout New Jersey to uncover and prosecute public corruption,” said Director Gramiccioni. “We have made a strong commitment to these efforts, and this case is a good example of the results we are achieving.”

In pleading guilty, Winters admitted that between July 2001 and June 2004, he stole $180,000 from MADD by fraudulently billing the nonprofit organization for purchases of promotional items from Holiday House and Lasting Impact, two companies that he owned. Winters admitted that the promotional items were never provided to MADD. The state’s investigation determined that Winters used the money as his own, depositing it into his bank account and using it to pay for personal debts and expenses, including his mortgage, car payments, dinners, travel, jewelry, computer equipment and furniture.

Winters also admitted he used his position as police chief to fraudulently bill Clayton Borough in connection with purchases for the police department from Holiday House. Winters over-billed the borough for purchases in December 2004 of high intensity flashlights for DUI checkpoints and “child crisis bears” which were never delivered. The “child crisis bears” are stuffed animals given to children by officers in times of family crisis. In making those purchases, Winters concealed the fact that he owned Holiday House and was using his position as chief to generate profits for himself in violation of the state ethics laws regarding local government.

The investigation was conducted by the New Jersey State Police Organized Crime Control Bureau South in coordination with Deputy Attorney General Jill Mayer of the Division of Criminal Justice Gangs and Organized Crime Bureau. Mayer presented both indictments to the state grand jury and handled today’s sentencing. Deputy Attorney General Philip Aronow took the plea from Winters.

Winters resigned as chief in Clayton on April 24, 2007, after he was charged by complaint in the MADD case.

Attorney General Milgram noted that the Division of Criminal Justice Corruption 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 site 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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