TRENTON
– Attorney General Jeffrey S. Chiesa
announced that a suspended police captain
with the New Jersey Human Services Police
was indicted today on charges that he submitted
fraudulent time sheets that indicated he was
working when, in fact, he was traveling out
of state for personal pleasure or business,
or gambling in Atlantic City. He was also
charged with filing fraudulent firearms qualification
certificates, misusing police databases for
personal purposes, and using a state vehicle,
state gas card and state-issued E-Z Pass on
the personal trips.
Brian
Brady, 50, of Sparta, was charged in a nine-count
state grand jury indictment with three counts
of official misconduct (2nd degree), one
count of pattern of official misconduct
(2nd degree), one count of theft by deception
(3rd degree), two counts of tampering with
public records or information (3rd degree),
and two counts of computer theft (2nd and
3rd degree). If convicted, he would face
a sentence of five to 10 years in prison
on each official misconduct charge, including
five years without possibility of parole,
and a consecutive sentence on the pattern
of official misconduct charge. The charges
stem from an investigation by the Division
of Criminal Justice Corruption Bureau and
New Jersey Department of Human Services.
Brady,
who formerly was a councilman and mayor
for the Township of Sparta, is the third
highest ranking officer in the Human Services
Police, reporting to the chief and the director.
The Human Services Police provide police
services at the developmental centers and
psychiatric hospitals operated by the Department
of Human Services (DHS). They are also assigned
to protect offices and case workers for
the Division of Youth and Family Services.
DHS immediately suspended Brady when he
was charged by complaint in the case in
May 2011.
“It
is deeply troubling that a police supervisor,
who has a sworn duty to uphold the law,
is instead charged in this indictment with
violating the public’s trust through
multiple criminal acts of dishonesty and
theft or abuse of police resources,”
said Attorney General Chiesa. “By
aggressively prosecuting official misconduct,
we will deliver a loud and clear message
that nobody is above the law.”
“This
captain allegedly falsified timesheets in
order to collect pay as if on duty for days
when he was away on vacation or traveling
for personal business,” said Stephen
J. Taylor, Director of the Division of Criminal
Justice. “On top of that, he allegedly
used a police vehicle and state-funded gas
for those personal trips. We will not tolerate
that type of abuse of public office.”
In
connection with the first count of official
misconduct, it is alleged between March
2007 and October 2010, Brady took blocks
of personal time without submitting documentation
for the appropriate leave time. Instead,
Brady, whose annual salary is $101,000,
allegedly submitted false time sheets indicating
he had worked on days when he was away on
personal trips, including ski trips to Vermont,
trips to New York for his personal consulting
business, and visits to Atlantic City and
Delaware to gamble. On some of these personal
trips, including travel outside of the State
of New Jersey, he allegedly used a state
vehicle and a state-issued E-Z Pass, and
purchased gas using a state gas card.
Brady
was the officer for the Human Services Police
who submitted required certifications each
year to the Attorney General’s Office
on force members’ firearms qualifications.
The second count of official misconduct
charges that Brady submitted four annual
certifications for the years 2006, 2007,
2008 and 2009 that falsely stated he had
completed required activities at a firing
range to re-qualify in use of his service
firearm, when he had not completed the requirements.
In
connection with the third count of official
misconduct, it is alleged that Brady directed
a subordinate employee of the Human Services
Police to conduct background checks on members
of a minor league baseball team using a
restricted police database. It is further
alleged that he directed subordinate officers
to use the police database to run background
checks on a home health care worker he was
considering hiring and a vehicle he wanted
to buy. The police database is to be used
strictly for criminal justice purposes and
not for personal purposes.
Brady is charged with third-degree theft
by deception for allegedly falsifying the
timesheets and using the state vehicle,
EZ-Pass and gas card for personal purposes.
The two counts of third-degree tampering
with public records or information address
his alleged falsification of the timesheets
and the firearms certifications. The computer
theft counts relate to his alleged unauthorized
use of the police database for personal
purposes.
The
case was presented to the state grand jury
by Deputy Attorney General Mark J. Ondris
and Deputy Attorney General Cynthia Vazquez.
The investigation was conducted and coordinated
by Detective Lee Bailey, DAG Ondris, DAG
Vazquez, DAG Nicole Rizzolo, and Supervising
Deputy Attorney General Christine Hoffman,
Chief of the Division of Criminal Justice
Corruption Bureau, with the full cooperation
and participation of Human Services officials.
Second-degree
crimes carry a sentence of five to 10 years
in state prison and a criminal fine of up
to $150,000. Each of the second-degree charges
carry a mandatory minimum sentence of five
years in prison without parole under New
Jersey’s statutory sentencing enhancements
for public corruption. The mandatory minimum
sentence applies to certain listed offenses
occurring on or after April 14, 2007 that
involve or touch upon the defendant’s
public office. Third-degree charges carry
a sentence of three to five years in state
prison and a fine of up to $15,000.
The
charges are merely accusations and the defendant
is presumed innocent until proven guilty.
The indictment was handed up to Superior
Court Judge Linda R. Feinberg, in Mercer
County, who assigned the case to Mercer
County. A copy of the indictment is posted
with this release at www.njpublicsafety.com.
Attorney
General Chiesa and Director Taylor noted
that the Division of Criminal Justice has
established a toll-free tip line 1-866-TIPS-4CJ
for the public to confidentially report
corruption, financial crime and other illegal
activities. The public can also log on to
the Division’s webpage at www.njdcj.org
to report suspected wrongdoing.
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