2002-10-30 -- Davila-Colon, Nidia -- Indictment -- News Release

Hudson County Freeholder Nidia Davila-Colon Indicted for Passing Bribes to Janiszewski

NEWARK - Hudson County Freeholder Nidia Davila-Colon was indicted today on charges that she passed cash bribes from a county vendor to then-Hudson County Executive Robert C. Janiszewski, U.S. Attorney Christopher J. Christie announced.

Colon, 49, is scheduled to turn herself in to the FBI in Newark tomorrow morning and be held in custody until her initial appearance before U.S. Magistrate Judge Ronald J. Hedges. Colon is expected to be arraigned on the Indictment within the next two weeks before the U.S. District Judge to whom the case is assigned, according to Assistant U.S. Attorney Jeffrey D. Clark, Deputy Chief of the Criminal Division.

The five-count Indictment alleges that in 1999, Colon acted as the conduit for bribe payments to Janiszewski from a county vendor who had contracts to provide psychiatric services at county-owned facilities. At the time, Colon was in her fifth term as an elected Freeholder representing Jersey City.

According to the indictment, Colon passed two $5,000 cash payments to Janiszewski at events in September and October 1999. She also had discussions with both Janiszewski and the vendor about the cash payments and the vendors' contracts, which were coming up for renewal. At one point, according to the Indictment, Colon suggested including in an envelope with the cash a note to Janiszewski inquiring about the status of the vendor's contracts.

The Indictment also alleges that Colon resisted the vendor's suggestion that the vendor personally pass the cash to Janiszewski, telling the vendor that her participation as Janiszewski's intermediary was necessary because, "If he goes down, I go down"; and "My career is on the line and his is too . . . if we go, we both go down."

Counts One to Three of the Indictment charge that Colon's conduct was part of a scheme to defraud the Hudson County government and the citizens of Hudson County of their right to the honest services of their elected officials - herself and Janiszewski. Those counts charge mail fraud, in that the U.S. mails were used to further the scheme to conceal the corrupt payments made to Janiszewski and Colon's role in making those payments. Each of these counts carries a maximum penalty of five years in prison and a $250,000 fine.

Counts Four and Five of the Indictment charge that Colon aided and abetted Janiszewski's attempted extortion under color of official right. Each of these counts carries a maximum penalty of 20 years in prison and a $250,000 fine.

Despite Indictment, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and federal law.

An Indictment is a formal charge made by a grand jury, a body of 16 to 23 citizens. Grand jury proceedings are secret, and neither persons under investigation nor their attorneys have the right to be present. A grand jury may vote an Indictment if 12 or more jurors find probable cause to believe that the defendant has committed the crime or crimes charged.

Under U.S. Sentencing Guidelines, the judge to whom this case is assigned would, upon conviction, determine an actual sentence based upon a formula that takes into account the severity and characteristics of the offense, and the defendant's criminal history, if any.

Parole has been abolished in the federal system. Under Sentencing Guidelines, defendants who are given custodial terms must serve nearly all that time.

Christie credited Special Agents of the FBI in Newark, under the direction of Special Agent in Charge Louie F. Allen, and the IRS Criminal Investigation section, under the direction of Erick Martinez, Assistant Special Agent in Charge, for their work in developing the case. Christie gave special thanks to the Hudson County Public Corruption Task Force, comprised of the FBI, IRS, the New Jersey State Police.

The Government is represented by Assistant U.S. Attorneys Jeffrey D. Clark and Phillip Kwon, of the U.S. Attorney's Office in Newark.

Defense Attorney: Peter Willis, Esq. Jersey City