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For Immediate Release:  
For Further Information:
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June 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 Employee of City of Newark and 2 Grocery Store Owners Indicted for Defrauding Federal Child Nutrition Program
State investigation uncovered $1 million in phony vouchers

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TRENTON – Attorney General Anne Milgram and Criminal Justice Director Deborah L. Gramiccioni announced that a former employee of the City of Newark and two grocery store owners were indicted for conspiring to steal hundreds of thousands of dollars from the federally funded Women, Infants and Children (WIC) nutrition program by means of fraudulent vouchers.

According to Director Gramiccioni, the Division of Criminal Justice obtained an eight-count state grand jury indictment yesterday charging the following defendants:

  • Audrey Walker Bey, 36, of Newark, a former clerk for the Newark WIC Program;
  • Benedicto Bernal, 30, of Newark, owner of Dreamers Supermarket on 7th Ave. in Newark; and
  • Elvis Manuel Sanchez-Vasquez, 35, a former owner and manager of Sanchez Supermarket on Springdale Avenue in East Orange.

Each of the defendants was charged with conspiracy (1st degree), two counts of financial facilitation of criminal activity (money laundering) (1st degree), official misconduct (2nd degree), pattern of official misconduct (2nd degree), theft by deception (2nd degree), and receiving stolen property (2nd degree). Bernal was also charged with hindering apprehension or prosecution (3rd degree) for allegedly lying to investigators.

“It is unconscionable that public officials responsible for administering a nutrition program that serves some of our most disadvantaged children chose instead to serve their own selfish interests, diverting hundreds of thousands of dollars in program funds,” said Attorney General Milgram. “We are continuing our investigation to bring all of those responsible for these thefts to justice.”

Walker Bey allegedly used her position as a clerk for the Newark WIC Program to issue and print thousands of fraudulent vouchers. An ongoing investigation by the Division of Criminal Justice Corruption Bureau revealed that between Dec. 1, 2005, and Jan. 31, 2007, Walker Bey and other employees of the Newark WIC Program – including two former clerks who previously entered guilty pleas – conspired to issue more than $1 million in fake vouchers.

It is alleged that Bernal, who was not an authorized WIC vendor, purchased the fraudulent vouchers from Walker Bey and the other clerks involved in the scheme and resold them by the stack to vendors in Essex, Camden, Union and Middlesex counties, including Sanchez-Vasquez. Ultimately, the fraudulent vouchers were deposited into the bank accounts of more than 20 WIC-authorized vendors throughout New Jersey.

The investigation began when the New Jersey Department of Health and Senior Services and the Newark Department of Health and Human Services alerted the Division of Criminal Justice to suspected thefts of vouchers from the Newark WIC Program.

Deputy Attorneys General Michael Monahan and Jeffrey Manis are prosecuting the case. Monahan presented the case to the state grand jury. The investigation is being conducted by Detective Michael Behar and Sgt. David Salzmann of the Division of Criminal Justice Corruption Bureau, with the assistance of Administrative Analyst Kathleen Ratliff.

WIC is a federally funded program, administered by the New Jersey Department of Health and Senior Services, that provides low-income women who are pregnant or breast feeding and guardians of children up to age 5 with vouchers to purchase nutritional necessities, including baby formula, milk, orange juice and cereal. The vouchers can be redeemed at any store approved as a WIC vendor for food items specifically listed on the voucher. Once redeemed, the vendor completes the voucher by filling in the cost of the product supplied. The Newark WIC Program is one of 18 WIC programs in New Jersey.

“We will work aggressively to uncover and prosecute anyone who attempts to defraud government assistance programs,” said Director Gramiccioni. “In partnership with the state agencies involved, we will remain vigilant to prevent corrupt government employees from exploiting their positions of trust to steal from these programs.”

First-degree crimes carry a maximum sentence of 20 years in state prison and a $200,000 fine, while second-degree crimes carry a maximum sentence of 10 years in prison and a $150,000 fine. The first-degree money laundering charges carry a period of parole ineligibility equal to one-third to one-half of the prison sentence imposed and a fine of up to $500,000.

The indictment is merely an accusation and the defendants are presumed innocent until proven guilty. A copy of the indictment is posted with this release at www.njpublicsafety.com. The indictment was handed up to Superior Court Judge Linda R. Feinberg in Mercer County, who assigned the case to Mercer County.

Walker Bey was arrested in May 2008 as a result of the investigation and is free on $40,000 bail. Bernal was arrested today at his store in Newark and will be processed in Mercer County. An arrest warrant has been issued for Sanchez-Vasquez, who remains a fugitive.

On Feb. 23, Charles Brown, 41, of Newark, a former senior clerk for the Newark WIC Program was sentenced to eight years in state prison for his role in the scheme by Superior Court Judge Michael A. Petrolle in Essex County. Brown pleaded guilty on Dec. 5 to second-degree official misconduct.

On Feb. 20, another former senior clerk in the Newark WIC Program, Wyetta Judson, 38, of Newark, pleaded guilty to second-degree official misconduct. She has not been sentenced yet.

The state will recommend that she also be sentenced to state prison.

On May 15, 2008, Leocadia Cepeda, 38, the owner of G&S Supermarket on Westminster Avenue in Elizabeth, was indicted for allegedly obtaining more than 500 WIC vouchers that she knew were stolen and using them to fraudulently collect more than $25,000 from the state Department of Health and Senior Services. Cepeda was admitted into the Pre-Trial Intervention Program on the condition that she pay full restitution and cooperate in the ongoing investigation.

Attorney General Milgram and Criminal Justice Director Gramiccioni noted that the Division of Criminal Justice - Corruption Bureau has established a statewide Corruption Tipline: 1-866-TIPS-4CJ. Additionally, the public can log on to the Division’s 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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