East Orange, N.J., Construction Official Sentenced To 18 Months In Prison For Extortion

NEWARK, N.J. – A longtime construction official in the property maintenance department of the City of East Orange, N.J., was sentenced today to 18 months in prison for extorting money from a property owner in exchange for the official’s assistance in city government matters, U.S. Attorney Paul J. Fishman announced.

Kim Davis, 46, of New York and formerly of Newark, previously pleaded guilty before U.S. District Judge William H. Walls to Count Two of an Indictment charging him with extortion under color of official right, for accepting a $5,000 corrupt payment in exchange for official action. Judge Walls imposed the sentence today in Newark federal court.

According to documents filed in this case and statements in court:

Davis was a certified technical assistant to construction officials in the building division of the property maintenance department of East Orange. The building division is responsible for the enforcement of the N.J. Uniform Construction Code and the approval of all applications for construction, alterations and renovations of buildings within the city. 

Davis and an inspector in the code and enforcement division of the property maintenance department – referred to in the Indictment as “Coconspirator One” and identified in court proceedings as Billie Muhammad – conspired in 2007 to advise an East Orange property owner – referred to in the Indictment as Individual One that Davis would provide Individual One, in exchange for a $5,000 cash payment, the requisite permits and certificates from the building department to build a new residence.

On Sept. 7, 2007, Davis met with Individual One and accepted a $5,000 cash payment in exchange for Davis’ official assistance in expediting the process of obtaining the requisite permits and certificates.

In addition to the prison term, Judge Walls sentenced Davis to 1 year of supervised release and fined him $1,000.

On Jan. 21, 2010, Billie Muhammad pleaded guilty to an Information charging him with attempted extortion under color of official right.

U.S. Attorney Fishman credited special agents of the FBI, under the direction of Special Agent in Charge Aaron T. Ford, for the investigation leading to today’s sentence.

The government is represented by Assistant U.S. Attorneys Vikas Khanna and Barbara Llanes of the U.S. Attorney’s Office Special Prosecutions Division in Newark.

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Defense counsel: Patrick McMahon Esq., Assistant Federal Public Defender, Newark