NJ appellate court upholds dismissal of Norcross indictment

The basics:

• Appellate panel upholds dismissal of 13-count indictment against George Norcross and 5 co-defendants
• Judges rules core racketeering, conspiracy charges time-barred or failed to state crimes
• Case stems from alleged political influence tied to Camden redevelopment projects, tax credits
• State has 45 days to decide whether to appeal to the New Jersey Supreme Court

A three-judge state appellate panel on Jan. 30 affirmed the dismissal of a racketeering indictment against South Jersey powerbroker and businessman George Norcross III as well as five co-defendants.

Judge Lisa Rose wrote the opinion joined by Judges Greta Gooden Brown and Ellen Torregrossa-O’Connor. The decision upheld a February 2025 ruling by Superior Court Judge Peter Warshaw throwing out a 13-count “speaking indictment” returned by a state grand jury in June 2024.

It leaves intact Warshaw’s ruling that the charges were legally deficient and largely time-barred.

As NJBIZ has previously reported, former Attorney General Matthew Platkin and prosecutors had alleged the defendants operated a so-called “Norcross Enterprise.” According to officials, the organization used political influence and pressure tactics to secure lucrative redevelopment deals and tax incentives tied to multiple Camden projects as part of the waterfront development.

Those charged included Norcross; his brother, attorney Philip Norcross; attorney William Tambussi; former Camden Mayor Dana Redd; NFI Chief Executive Officer Sidney Brown; and real estate developer John O’Donnell. The indictment accused the group of racketeering, conspiracy, extortion, financial facilitation, and official misconduct related to redevelopment approvals and tax credits.

In affirming the dismissal, the appellate panel rejected the state’s argument that the trial court improperly evaluated the merits of the case before trial. The judges said courts may review indictments on their face – even lengthy speaking indictments – to determine whether the alleged facts, taken as true, amount to crimes and fall within applicable statutes of limitations.

‘No error’

The panel concluded the filing of the core conspiracy and racketeering counts came too late, and that several other charges failed to state criminal offenses. The court also found the official misconduct charge against Redd was time-barred and lacked sufficient allegations of unlawful intent.

Judges further rejected arguments that ongoing tax credit payments or later acts could extend the alleged conspiracy.

“Notwithstanding the duration of the grand jury proceedings, the undisputed voluminous record considered by the grand jurors, and the resultant lengthy speaking indictment, we discern no error in the motion court’s decision to entertain defendants’ facial challenges,” the opinion stated.

It added, “Our decision does not prevent the state from re-presenting any counts not barred by the applicable statutes of limitations.”

The situation presents a major early decision for acting Attorney General Jennifer Davenport. The state has 45 days (from Jan. 30) to decide whether to appeal to the state supreme court.

A spokesperson for AG’s office told NJBIZ, “Our office is reviewing the Appellate Division’s decision.”

The Norcross side had no comment about the appellate court decision.

The full 92-page decision is available here.