NJ drops appeal in Norcross racketeering case

The basics:

• Acting AG Jennifer Davenport will not appeal Norcross indictment dismissal
• Appellate Division upheld dismissal of 13-count racketeering case
• Charges tied to Camden redevelopment deals, tax incentives
• Decision marks early legal move for Sherrill administration

Acting Attorney General Jennifer Davenport will not appeal the dismissal of an indictment against South Jersey powerbroker George Norcross III to the New Jersey Supreme Court.

The Tuesday decision follows a Jan. 30 ruling by a three-judge Appellate Division panel that upheld the dismissal of a 13-count racketeering indictment against Norcross and five co-defendants:

• Philip Norcross, attorney and brother of Norcross
• William Tambussi, attorney
• Dana Redd, former Camden mayor
• Sidney Brown, CEO of NFI
• John O’Donnell, real estate developer

As NJBIZ reported, the appellate court affirmed findings that the core racketeering and conspiracy charges were largely time-barred or failed to state criminal offenses. Judges also concluded that certain additional charges, including official misconduct, were either time-barred or legally insufficient.

Former Attorney General Matthew Platkin brought the case. It centered on allegations that Norcross and others used political influence to secure redevelopment deals as well as tax incentives tied to Camden waterfront projects. The indictment accused the group of racketeering, conspiracy, extortion, financial facilitation and official misconduct.

The Feb. 17 move marks an early key decision for the Sherrill administration, as well as for Platkin’s successor, Davenport.

Realigning resources

In a statement, the Attorney General’s Office said it will not seek certification, which would have been due this week.

“Our office has decided not to seek review from the New Jersey Supreme Court in State v. Norcross. In light of the Appellate Division’s decision, we have concluded that our prosecutorial resources would be best spent on other matters,” OAG said in a statement. “Our office remains committed to prioritizing public corruption prosecutions in this time of deepening mistrust in government. Wrongdoing by public officials undermines faith in our institutions, and the public rightfully demands and deserves that officials perform their duties with integrity and in accordance with the law.

“We will never shy away from holding public officials accountable when they betray the public’s trust and behave unlawfully.”

In a statement to NJBIZ, Dan Fee, Norcross’ spokesperson said, “We always knew that Matt Platkin brought this case for reasons other than its legal merits — and now multiple judges and Platkin’s successor as AG agree the allegations simply weren’t true.

“The question now is whether Platkin’s supporters who cheered him on will take a serious look at what he did and whether other authorities will do the same. We will certainly be making the case that he and anyone else who used lawfare against George should be held to account, no differently than Pam Bondi and her DOJ should.”

No apologies

“The State of New Jersey finally made the right decision today because I am, and always have been, innocent of these baseless charges,” Brown said in a statement. “Since its inception, this case was unfounded and attacked those of us who believed in the future of a thriving Camden.  I want to thank the courts and the new administration for ensuring that justice was carried out based on the facts.”

Platkin told NJBIZ in a statement, “This case was presented to a grand jury by career prosecutors over several months. Out of respect for the men and women who do brave work holding corruption to account, I won’t comment further — other than to say I remain proud to have supported their efforts at a time when trust in government is at an all-time low and I will never apologize for believing that everyone should be held to the same standards, no matter how powerful they may be.”