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For Immediate Release:  
For Further Information:
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April 24, 2007  

David Wald or Peter Aseltine
609-292-4791

Office of The Attorney General
- Stuart Rabner, Attorney General

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Clayton Police Chief Charged with Stealing Funds From Mothers Against Drunk Driving
Frank Winters and Wife Charged with Diverting $150,000 from MADD for Personal Use

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>> MADD Complaint (471k pdf) plug-in
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TRENTON – Attorney General Stuart Rabner and Criminal Justice Director Gregory A. Paw announced today that complaints were filed against Clayton Borough Police Chief Frank Winters and his wife Bernice Winters for allegedly stealing $150,000 from Mothers Against Drunk Driving. Their alleged fraudulent scheme involved a company they owned which was paid to produce promotional items for MADD, but did not.

The Attorney General said Gloucester County Prosecutor Sean Dalton has taken over supervision of the day to day operations of the Clayton Borough Police Department.

Winters, 60, and his wife, 56, were served today with a two-count complaint charging them with conspiracy and theft by deception, which are both second-degree crimes. Second-degree crimes carry a sentence of up to 10 years in prison and a fine of up to $150,000.

The Winters, who live in Newfield where Frank Winters is a councilman, are both former leaders of MADD at the state and local level. The Winters are both former chairmen of the New Jersey state chapter of MADD. Chief Winters was also a member of the national board of directors. The state charges that Chief Winters’ prominent position allowed him to further the conspiracy and theft.

“The alleged scheme is shocking on a number of levels,’’ Rabner said. “Mothers Against Drunk Driving is a hard-working, grassroots organization founded more than 25 years ago to combat drunk driving and underage drinking. Ripping off donations to MADD, which were intended to make our streets and highways safer, is unconscionable.’’

“MADD’s money was used to line the Winters’ personal pockets instead of funding programs to promote crucial public safety campaigns,’’ the Attorney General added.

“The head of any police agency bears even greater responsibility to uphold the public trust than his or her sworn members. It’s rare but tragic when someone in this position lets the public down in such a profound way,” said Colonel Rick Fuentes, Superintendent of the New Jersey State Police.

“It is deeply disturbing that a police chief has been charged with stealing from a charity,’’ said Director Paw. “The Chief and his wife are alleged to have betrayed the trust placed in them as officers of MADD by allegedly engaging in this criminal scheme.’’

According to the complaint, the Winters were charged with conspiracy and theft by deception for funneling money raised by MADD to Holiday House, a purported company they owned, which produced promotional items like pens and key chains. But no promotional items were ever ordered or delivered to local MADD chapters in New Jersey, the complaint states.

The Winters made efforts to keep their ownership interest in the company, hidden from others, the complaint charges. The state alleges that the Winters appeared to place orders on behalf of MADD to Holiday House for promotional items for local chapters, but in reality the items were not distributed.

Chief Winters, as a state officer for MADD, approved the MADD check request forms for the false and fictitious orders, the complaint charges.

The state charges the Winters treated the money from MADD which was received by Holiday House as their own, deposited money into their personal bank account and used it to pay for their own personal items and personal debts, such as their mortgage, car payments, and dinners. The scheme allegedly took place for nearly three years, from July 2001 to March 2004.

Attorney General Rabner credited State Police Det. Sgt. Glenn Pender and Lt. Miguel Cartagena in the Major Crimes Unit for leading the investigation. Deputy Attorney General Jill Mayer is handling the case for the Attorney General and the Division of Criminal Justice.

The charges are merely accusations and the defendants are presumed innocent until proven guilty. The Winters are scheduled to answer the complaints filed against them May 1 in Newfield Borough Municipal Court.

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 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.

MADD is a non-profit organization which was founded in 1980 in California by mothers whose children were killed by drunk drivers. There are approximately 600 affiliates nationwide. There are eight chapters in New Jersey.

MADD is a major organization in lobbying for tougher anti-drunk driving laws, including the national legislation which raised the drinking age to 21 and decreased the drunk driving limit to .08 percent blood alcohol concentration.

Nearly 17,000 people are killed each year and about 500,000 seriously injured in alcohol- related traffic crashes, according to national statistics. In New Jersey, approximately one third of all traffic fatalities are alcohol related. In 2005, the last year in which statistics are available, 252 people were killed in alcohol-related traffic accidents, according to the Division of Highway Traffic Safety. That represented 34 percent of all traffic fatalities that year. In 2004, 224 people died in alcohol-related traffic accidents, representing 31 percent of the total killed.

>> MADD Complaint (471k pdf) plug-in

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