Legal eagles for Hudson County said the county intends to file for dismissal of a counter suit brought by Dr. Oscar Sandoval saying claims made were without merit.
County Counsel Donato Battista told the county freeholders at their April 27 meeting that because the suit was brought up in federal court, the county had to wait until all of those named in the suit had responded before making a move to have the case thrown out.
Sandoval filed a civil suit in the US. District Court in April in response to a Hudson County lawsuit filed in January seeking to recover any proceeds from contracts gained through admitted bribery and extortion by former County Executive Robert Janiszewski.
The county suit named Sandoval as well as others who Janiszewski testified paid him bribes to obtain contracts.
Sandoval, a psychiatrist whose firm once held contracts for various county institutions, admitted bribing Janiszewski in the 1990s in order to obtain and keep those contracts, and is one of 14 people named in the county’s suit to recover some of the money gained from the illegal activities. The county suit is seeking $26 million in restitution, $7 million of which would be sought from Sandoval.
In his counter suit, Sandoval claims he was a victim of retaliation by former Janiszewski people for his role in helping catch Janiszewski and that the county suit would have a chilling effect on anyone seeking to cooperate with investigations of corrupt officials.
Sandoval said he became the target of Janiszewski’s retribution in the late 1990s when he informed the Freeholder Board that unqualified people at county institutions were fraudulently billing Medicaid and Medicare – after which Janiszewski threatened to pull his contracts and later extorted bribes from Sandoval. Janiszewski is currently serving time in federal prison for this extortion.
In his counter suit, Sandoval claimed attorney Donald Scarinci, a close associate of U.S. Senator Robert Menendez and former close associates of Janiszewski such as Richard Myrlak, former county executive and currently a vendor representative to Hudson County, current County Administrator Abe Antun, Robert Murray and as many as 20 unnamed co-conspirators.
Sandoval claimed in court documents that in 1999 Scarinci offered to intervene with Janiszewski to save Sandoval’s county contracts if Sandoval rehired a doctor he had dismissed a year earlier.
At the time, Sandoval had already informed the FBI that he had bribed Janiszewski to keep those contracts, helping in a FBI sting operation to nab Janiszewski.
Although Menendez was not named in the suit, and a spokesperson for Menendez asserted the claims were “absolutely ludicrous,” Sandoval said Scarinci had acted on Menendez’s behalf.
When reached for comment, Scarinci said, “The claims that Oscar Sandoval makes in the lawsuit are absurd. His attorney should have told him that the insanity defense is not applicable in a civil lawsuit.”
Edward Mesa, speaking in the public comment portion, asked if the county was paying the legal fees for those being sued by Sandoval, some of whom have been convicted in crimes.
“Are the taxpayers going to foot the bill for defendants that have already been convicted?” Mesa asked.
Although Edward Florio, the attorney for the Freeholder Board, cautioned freeholders from discussing ongoing litigation, Battista said the county is not paying for the defense fees of any people convicted in the Janiszewski related crimes.
Freeholder Bill O’Dea, however, asked about the county policy on providing legal fees for current or contemporary county officials who might be named in lawsuits of this kind. Battista said legal defense payments depend on the complaint.
But in regard to the suit brought by Sandoval, the county intends to move for dismissal as soon as federal law permits.
O’Dea, however, asked that the freeholders – through its committees – be notified of potential costs for legal fees in cases so that the cost does not come as a surprise when they do.
Freeholder Chairman Sal Vega said the freeholders’ contracts committee would be the appropriate committee.
County park in Secaucus to double in size
Laurel Hill County Park in Secaucus is expected to double in size shortly as the county moves to re-designate adjacent land to the existing park. In that effort, the freeholders voted to allow the county Department of Parks, Engineering and Planning to seek an $80,000 grant from the New Jersey Meadowlands Commission for the Hackensack River Tidal Wetland Restoration Design Project that would create a preserve for part of the park. But county officials said future plans also include more recreational facilities such as sporting fields and a second boat launch.
Safety improvements along JFK Boulevard
In other business, the freeholders voted to authorize the county executive to move ahead with an agreement for safety improvements to JFK Boulevard in North Bergen. The three projects funded by a $475,000 federal grant would pay for already completed safety improvements to the area of 32nd Street and JFK Boulevard as well as pay for safety improvements from 67th Street to 91st in West New York, Guttenberg and North Bergen, and safety improvements from Communipaw Avenue in Jersey City to 18th Street in Union City.
According to a report issued to the Freeholder Board, the Hudson County Correction Facility has housed 1,176 illegal aliens since the beginning of the year. The county receives federal funds for providing space for federal alien detainees. Since 1999, the county has received $1,964,799.