NJ Watchdog fights for Guadagno pension probe records in appeals court

For immediate release:


The mystery of what happened in a criminal investigation of an alleged $245,000 pension fraud implicating Lt. Gov. Kim Guadagno may finally be solved in a New Jersey appeals court.

A New Jersey Watchdog reporter is appealing a lower court’s decision not to release three key documents that include the findings of a probe by the attorney general’s Division of Criminal Justice.

“In spite of what appears to be a clear case of high-ranking government officials aiding or participating in a pension double-dip scheme, the DCJ closed the investigation without any charges being filed,” the reporter’s attorney, Donald M. Doherty Jr., argued in a brief submitted last week in Superior Court Appellate Division.

“The lieutenant governor was the Monmouth County sheriff during the questionable activities; she is also a former deputy director of DCJ, the investigating agency,” continued Doherty. “The public should be able to learn how DCJ came to its decision and whether it even considered the culpability of the lieutenant governor.”

Guadagno would become governor if Chris Christie steps down to run for president in the 2016 election. Release of the DCJ files could lead to greater scrutiny of why Christie did not use his constitutional authority to appoint a special prosecutor or investigator and avoid the inherent conflict-of-interest.

DCJ lawyers contend that disclosing the records would undermine the agency’s ability to conduct investigations of public corruption.

“How ironic is it to have public officials making secret deals and then contending that revealing the investigation needs to be secret to preserve public confidence?” Doherty asked the court. “Sunshine is the best disinfectant.”

The controversy known as “Doublegate” began when Guadagno was Monmouth County sheriff in 2008 – the year before she first ran for lieutenant governor as Christie's running mate.

As sheriff, Guadagno made false and conflicting statements that enabled her chief officer, Michael Donovan, to improperly collect an $85,000 a year pension in addition to his $87,500 salary, as first reported by New Jersey Watchdog in 2010.

The full story is now online at http://watchdog.org/173842/guadagno-pension-probe-2/. The brief can be viewed or downloaded at http://watchdog.org/wp-content/blogs.dir/1/files/2014/09/ML-v-DCJ-appeal.pdf.

NJ Watchdog: Judge orders release of Guadagno pension probe records

For Immediate Release:


A New Jersey Watchdog reporter has won the latest round in a three-year battle for public records surrounding the state's hush-hush investigation of an alleged pension scheme implicating Lt. Gov. Kim Guadagno.

Administrative Law Judge Linda M. Kassekert ordered the state Treasury to release 25 of 26 documents the Christie Administration has fought hard to keep secret. The parties have a Feb. 11 deadline to appeal the decision.

Guadagno would become acting governor of New Jersey if an embattled Gov. Chris Christie does not serve his full term.

The controversy focuses on an alleged pension scheme and false statements by Guadagno when she was Monmouth County sheriff.

Treasury officials gathered the documents during an inquiry of whether Guadagno's chief officer, Michael W. Donovan Jr., improperly collected nearly $85,000 a year in state retirement pay in addition to his $87,500 annual salary.

The story is now online at http://newjersey.watchdog.org. The direct link is http://newjersey.watchdog.org/2014/02/06/guadagno-pension-probe/.

NJ WATCHDOG: Before Bridgegate & Hoboken, There Was 'DoubleGate'

For Immediate Release:



Long before the Bridgegate and Hoboken scandals, the Christie Administration has been ducking a $245,000 pension probe that implicates Lt. Gov. Kim Guadagno.

In its ongoing investigation of "Doublegate" that began in October 2010, New Jersey Watchdog has reported:

· As a county sheriff, Guadagno made false and contradictory statements that enabled her top aide to collect pension checks in addition to public salary. The subterfuge cost a state pension fund $245,000.
· Based on available evidence – including records showing Guadagno's involvement – a state pension board asked authorities in May 2011 to begin a criminal investigation.
· Christie failed to appoint a special prosecutor to conduct the probe. Instead, a conflict-riddled investigation fell to the attorney general's Division of Criminal Justice, where Guadagno had previously served as deputy director.
· Thirty-two months later, the results of the probe remain a state secret. The Christie entourage has stonewalled inquiries, even refusing to acknowledge whether the investigation is ongoing or completed.

A New Jersey Watchdog reporter is suing DCJ for records in Mercer County Superior Court. State lawyers are arguing to keep all information about the probe confidential indefinitely.

For the full story, links to all 20 New Jersey Watchdog reports on Doublegate are online at http://newjersey.watchdog.org/2014/01/21/before-bridgegate-and-hoboken-scandals-there-was-doublegate/

NJ WATCHDOG: Christie, Corruption Probe & Conflicts of Interest

For Immediate Release:

GUADAGNO PENSION PROBE: DOES PUBLIC HAVE A RIGHT TO KNOW?
OR WILL NJ AUTHORITIES KEEP LT. GOV'S SECRETS FOREVER?

Should New Jersey officials be allowed to keep forever secret a criminal investigation on alleged corruption involving a prominent elected official?

Or does the public have a right to know what the state found – and how authorities handled a probe rife with conflicts of interest?

Those questions are at the heart of a court battle between state Division of Criminal Justice and a New Jersey Watchdog reporter. At stake is the release of records likely to implicate Lt. Gov. Kim Guadagno in a scheme that cost a public pension fund nearly a quarter-million dollars.

A Mercer County Superior Court judge ruled on Oct 3 that DCJ's criminal investigatory files are exempt from disclosure under the Open Public Records Act. But the justice rejected the state's request to dismiss the reporter's common-law claim for the documents.

To prevail under common law, a requestor must show that the public interest in release of the records outweighs the state's interest in keeping the information confidential.

"The public has an indisputable and overriding interest in knowing about the integrity of government and the conduct of elected officials in their governance," stated the reporter in court documents filed last week. "The public's interest in this matter far outweighs the private interests of a few public pensioners or elected officials."

The story – and the reporter's full statement, subject to penalties for perjury – are now online at http://newjersey.watchdog.org.

The direct link to the story is http://newjersey.watchdog.org/2013/10/21/9182/. The direct link to the reporter's statement to the court is http://newjersey.watchdog.org/files/2013/10/ML-10-14-13-cert.pdf. For media inquiries, contact Mark Lagerkvist at mark@lagerkvist.net.