Former Department of Community Affairs (DCA) Field Representative Pleads Guilty to Bilking $866,000 from State Rental Assistance and Homeless Program
Five Individuals and Four Private Corporations Charged with Submitting Hundreds of False Applications

TRENTON — Attorney General Zulima V. Farber today announced that a former Department of Community Affairs senior field representative has pleaded guilty to stealing more than $866,000 in public monies earmarked for a housing and rental assistance program in place to assist individuals and families from becoming homeless.

The prosecution of two co-defendants remains pending, while three other individuals and four private corporations tied to the fraud previously pleaded guilty to charges of official misconduct. The corruption investigation is continuing.

“This investigation and prosecution uncovered what may very well be the single-largest theft of taxpayer dollars from a state program intended to help individuals and families stay in their homes,” said Attorney General Farber. “Public corruption, at any level, will be uncovered and prosecuted to the fullest extent of the law. Corruption will not be tolerated.”

Attorney General Farber noted that the Department of Community Affairs reported the suspected criminal activity to the Division of Criminal Justice when program officials uncovered questionable applications and related transactions involving the Union County Homelessness Prevention Program. The DCA provided administrative resources and investigative assistance to the Division of Criminal Justice throughout the investigation.

Community Affairs Commissioner Susan Bass Levin said, “The Homelessness Prevention Program was created to help families that face imminent loss of housing for reasons beyond their control. It's appalling that someone would attempt to use this program for their own personal gain. After reporting this crime to the Attorney General's Office, we immediately implemented stringent financial controls on the program to ensure that all money goes to the families in need, as intended."

According to Gregory A. Paw, the director of the Division of Criminal Justice, Robin Wheeler-Hicks, 46, Elizabeth, today pleaded guilty before Mercer County Superior Court Judge Charles Delehey to charges of second degree bribery and theft by deception. In pleading guilty, Wheeler-Hicks, a former DCA-Union County senior field representative, admitted submitting at least 428 false applications totaling $866,560 in financial benefits to the Homelessness Prevention Program. Under the terms of the guilty plea, Wheeler-Hicks could face up to seven years in state prison and will pay $830,901 in restitution to the Division of Community Affairs.

Criminal Justice Director Paw noted that Wheeler-Hicks, along with Tashime Mitchell, a/k/a Tashima Mitchell, 32, Irvington, and Renita Livingston, 32, Hillside, were indicted by a state grand jury on Dec. 7, 2005. The indictment charged the defendants with conspiracy, bribery, official misconduct, and related crimes.

The Homelessness Prevention Program provides grants to eligible individuals and families who, through no fault of their own, are in jeopardy of becoming homeless, provides money to pay rent to keep a family in a current home, and provides applicants with initial rent and security deposit for a new residence if they have been evicted. In order to obtain benefits, an applicant must demonstrate income sufficient to maintain a residence after the grant is exhausted. Applicants must also provide background information on household members, income, and other financial information.

The investigation determined that Wheeler-Hicks, as the senior field representative assigned to the Homelessness Prevention Program in Union County, had responsibility for processing HPP cases in that county. It was charged that Wheeler-Hicks used her official position to obtain pertinent information regarding HPP candidates and that she created and submitted fictitious HPP claims to DCA for payment to applicant landlords. The fraudulent applications reported that the applicants were temporarily homeless due to a residential fire. To support the claims, the applications attached fictitious fire reports purportedly from the Elizabeth Fire Department.

The indictment also charged that Wheeler-Hicks, aided by Mitchell and Livingston, falsified HPP applications by indicating that applicants were fire victims. It was charged that Mitchell and Livingston provided false information (e.g. employment information, address and landlord information, expense information, etc.) in certain applications. It was also charged that Wheeler-Hicks accepted money from accomplices in exchange for processing HPP applications and that Mitchell and Livingston manufactured evidence and attempted to influence the testimony of another witness.

On Sept. 28, 2005, the Division of Criminal Justice - Special Prosecutions Bureau obtained guilty pleas to accusations from three individuals and four privately-held corporations identified as co-conspirators in the criminal fraud. The individual defendants, charged with theft by deception, were identified as:

Each of the corporations named in the accusation were owned by defendant Carletta Smith. The corporate defendants each pleaded guilty to a charge of official misconduct. They are identified as:

The guilty pleas, entered before Mercer County Superior Court Judge Maria Marinari Sypek, require the defendants to pay full restitution of $33,859 to the DCA. At the time of the plea, Lisa Smith Foster was admitted into PTI. Carletta Smith forfeited her CPA license. The corporate defendants forfeited $101,577. Monica Smith will receive probation. Sentencing for the individual and corporate defendants is scheduled for April, 2006.

The prosecution was coordinated by Deputy Attorney General Anthony Picione assigned to the Division of Criminal Justice - Special Prosecutions Bureau. The investigation was conducted by State Investigators Joseph Caloiaro, Rob Feriozzi, and Kiersten Pentony; New Jersey State Police detectives Dustin Lesnever, Gerald Nachurski and Gregory Shawaryn and Analyst Alison Callery assigned to the Division of Criminal Justice - Special Prosecutions Bureau. The investigation was referred to the Division of Criminal Justice - Special Prosecutions Bureau by the Department of Community Affairs.

A copy of the indictment, accusations, plea agreements, and Waiver of Indictment are available via the Division of Criminal Justice Web page at: www.njdcj.org.

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