10-17-2003 -- Treffinger, James W. -- Sentencing -- News Release

Former Essex County Executive James Treffinger Sentenced to 13 Months in Prison for Public Corruption

NEWARK - Former Essex County Executive and two-time candidate for U.S. Senate James W. Treffinger was sentenced today to 13 months in prison for his guilty pleas in May, when he admitted that he caused the creation of phony backdated documents and counseled a witness to lie to thwart a federal investigation into the award of no-bid contracts to United Gunite Construction of Irvington, U.S. Attorney Christopher J. Christie announced.

Chief U.S. District Judge John W. Bissell rejected Treffinger's pleas for a more lenient sentence on three grounds advanced by his attorneys: that Treffinger had taken extraordinary steps toward post-offense rehabilitation, including a religious awakening; that he had performed extraordinarily in his so-called "good works" while in office and in civic and charitable causes during his career and since his guilty plea; and because he had suffered extreme "collateral consequences" due his loss of elected office, ability to practice law and because of the intense media coverage of his prosecution.

Instead, Judge Bissell imposed a sentence in the middle of the 10- to 16-month range available under U.S. Sentencing Guidelines. Judge Bissell also ordered Treffinger to pay Essex County $29,471 in restitution. That amount corresponds to the net pay received by two persons Treffinger had on the county payroll, and the period of time he had them working exclusively on his Senate campaign. Judge Bissell also fined Treffinger $5,000.

"There are no excuses or justifications for public corruption," Christie said. "Mr. Treffinger's insistence that he had become a new and better man since his guilty plea was too little too late, and the judge recognized that. We are very pleased with the sentence imposed."

"You can take today's sentencing as fair warning that any other public official contemplating corrupt acts will go to prison for as long as we can keep them there," Christie added.

Treffinger, 53, of Verona remains free on $100,000 bail secured by an aunt's home. Judge Bissell gave Treffinger until Jan. 5 to surrender to begin serving his prison sentence.

The sentencings of four other defendants who pleaded guilty in cooperating plea agreements with the government are scheduled for Tuesday and Wednesday next week.

For full details on Treffinger's guilty plea and his original Indictment, please go to the Breaking News link at the Public Affairs Office website at: www.njusao.org . Scroll down to the plea news release on May 30, 2003; and to the Indictment news release and Indictment itself on Oct. 28, 2002.

Christie credited Assistant U.S. Attorneys Perry Carbone and Nelson Thayer for their working in the prosecution and sentencing of Treffinger.

Christie also credited Special Agents of the FBI, under the direction of Special Agent in Charge Louie F. Allen and Special Agents of the IRS Criminal Investigation section, under the direction of Special Agent in Charge Patricia J. Haynes, for their agencies' respective roles in the Treffinger investigation.

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Defense counsel: Henry E. Klingeman, Esq. and Lawrence Lustberg, Esq., both in Newark.