09-15-04 -- D'Amiano, David -- Guilty Plea -- News Release

Political Party Fundraiser David D'Amiano Pleads Guilty

NEWARK - A New Jersey political fundraiser pleaded guilty today, admitting that he solicited and accepted $40,000 in cash and political contributions from a Piscataway farm owner to influence state and county officials to offer a favorable price to preserve the farmland, U.S. Attorney Christopher J. Christie announced.

David D'Amiano, 45, admitted that he told the farm owner, Mark Halper, that he would have to pay $20,000 in cash and $20,000 in political contributions to a state political committee to receive a favorable price for the farmland. D'Amiano admitted that he told Halper the practical effect of not making the payments would be that Piscataway would obtain title to the farm in condemnation proceedings that had been ongoing.

D'Amiano pleaded guilty to two counts of mail fraud before U.S. District Judge William H. Walls. Both counts, which are part of an Indictment returned in July, carry a statutory maximum penalty of 20 years in prison and a $250,000 fine. However, under terms of the plea agreement and the U.S. Sentencing Guidelines, D'Amiano faces a probable sentencing range of between 24 and 30 months in prison.

"Mr. D'Amiano schemed to corrupt our political and governmental institutions," Christie said. "He is yet another example of the view of some in New Jersey that everything in government is for sale. We will work to expose and punish those who attempt to buy and sell our government."

D'Amiano, a member of the state political committee's finance committee and a solicitor, admitted that he received the $40,000 in cash and contributions between Dec. 12, 2002, and July 30, 2003. After he had received all of the money, in late 2003, D'Amiano told Halper that Halper would obtain a favorable result regarding the farm.

D'Amiano also admitted that during his discussions with Halper, he maintained telephone contact and met with Middlesex County officials as well as a high-ranking state official - identified in the Indictment as State Official 1.

D'Amiano also described a conversation in which Halper requested that - in order to indicate that the officials knew that a deal was in place and that they would act favorably to him - they use the word "Machiavelli" or "Machiavellian" at future meetings. D'Amiano admitted that he told Halper that he would ask the officials to use the word "Machiavelli" or "Machiavellian."

D'Amiano also admitted that, on Feb. 18, 2003, he had a conversation with State Official 1 which prompted State Official 1 to then use the word "Machiavelli" at a meeting that day among state officials, Halper and D'Amiano.

D'Amiano also admitted to having a similar conversation, with Halper present, with Middlesex County officials on Jan. 23, 2003, at D'Amiano's office in Carteret. That conversation, D'Amiano said, prompted one of the county officials to also then use the word "Machiavellian."

D'Amiano also admitted to taking frequent evasive acts to prevent the scheme from being detected, including checking Halper for recording devices.

After accepting the final $10,000 cash payment on the Halper farm arrangement on July 30, 2003, D'Amiano admitted that he sought another $30,000 in cash and $30,000 in political contributions from Halper. D'Amiano admitted that that was to be in exchange for getting official intervention in the sale of another Halper-owned property on Stelton Road in Piscataway. D'Amiano admitted that he told Halper he could get the help of State Official 1 in getting the township to rescind an earlier action blocking the potential sale of that property to a bank.

D'Amiano pleaded guilty to Count Two and Count 10 of the Indictment, both charging mail fraud. Count Two concerns D'Amiano's dealings over the Halper farm and the Stelton Road property. Count 10 relates to fundraising fraud, in which D'Amiano admitted that he diverted and attempted to divert certain political contributions away from the state political committee as described in the Indictment and deposited $1,000 of those political contributions into his personal bank account.

Christie credited Special Agents of the FBI, under the direction of Special Agent in Charge Joseph Billy, Jr., in Newark, with developing the case against D'Amiano.

The case is being prosecuted by James Nobile, Chief of the U.S. Attorney's Office Special Prosecutions Division, and Senior Litigation Counsel John Fietkiewicz, of the Special Prosecutions Division.

-end-

Defense Counsel: Edward J. Plaza, Esq. and Robert A. Weir Jr., Esq. - Red Bank, N.J.