06-23-04 -- Turner, Zachary V. -- Superseding Indictment -- News Release

East Orange Councilman Zachary V. Turner Indicted for Additional Extortions

NEWARK - East Orange Councilman Zachary V. Turner was indicted today on new extortion charges outlined in a 17-count Superseding Indictment, U.S. Attorney Christopher J. Christie announced.

The Superseding Indictment charges Turner with three additional extortion schemes in which he demanded and received corrupt cash payments from several individuals who were seeking to purchase real estate properties in East Orange. It is also alleged that Turner obtained the free use of office space in a commercial building as his campaign headquarters in exchange his official aid.

Turner is the sole defendant named in the additional charges. The original indictment against Turner, returned on March 24, 2004, charged that Turner and an associate extorted over $20,000 in corrupt cash payments from several other individuals who owned and were seeking to purchase real estate properties in East Orange, and also alleged that Turner engaged in a scheme to obtain a $104,000 home mortgage through fraud. The original Indictment's charges are repeated in the Superseding Indictment, according to Assistant U.S. Attorneys Phillip Kwon and Nelson Thayer.

Turner is expected to be arraigned on the Superseding Indictment within the next two weeks before U.S. District Judge Katharine S. Hayden, to whom the case is assigned. Turner has been a member of the East Orange City Council since 2000.

The 11 new counts lay out three separate extortion schemes engaged in by Turner. The first new extortion scheme involved a group of developers who were seeking to purchase properties in East Orange to refurbish and sell. The Superseding Indictment charges that Turner offered his official assistance and influence to the developers to help identify properties for them to purchase and to ensure that they would be named as the developers of a specific group of properties, in exchange for a total of $65,000 in corrupt payments. The Superseding Indictment further alleges that after he received the $65,000, Turner demanded an additional $20,000 from the developers for his official assistance in ensuring that they would be named as the developers for the same group of properties.

In the Superseding Indictment's second new extortion scheme, Turner is charged with obtaining the free use of commercial space which he used as his campaign headquarters in the Democratic Party primary election held on June 3, 2004, in exchange for his official assistance to the owners of the space. In the course of this scheme, Turner also allegedly agreed to perform renovation work on the commercial property for $2500, which Turner instructed be paid to an associate of Turner's because of Turner's official position on the East Orange Council. According to the Superseding Indictment, Turner never performed the promised renovation work, and when questioned by the owners of the commercial space about his failure to perform the work and make good on his other promises of official assistance, Turner repeatedly threatened the owners with adverse official action.

The third new extortion scheme described in the Superseding Indictment involved an individual who was seeking to purchase properties in East Orange. According to the Superseding Indictment, Turner demanded and accepted an $800 cash payment from this individual in return for Turner's aid, in his capacity as a member of the City Council, in identifying and purchasing properties in East Orange.

Counts One through Five of the Superseding Indictment are identical to Counts One through Five of the original Indictment. Counts One and Two charge Turner and an unrelated associate, Barry Turner, with conspiracy to commit extortion (Count One) and attempted extortion (Count Two) under color of official right. These counts relate to the $20,000 extortion contained in the original Indictment. Counts Three and Four charge Zachary V. Turner and Barry Turner with conspiracy to commit extortion (Count Three) and extortion (Count Four) under color of official right. These counts relate to the $2,000 extortion described in the original Indictment. Counts One through Four each carries a maximum penalty of 20 years in prison and a $250,000 fine. Zachary V. Turner and Barry Turner are also charged in Count Five with traveling in interstate commerce to engage in illegal activities. Count Five carries a maximum penalty of five years in prison and a $250,000 fine.

Counts Six through Twelve relate to the first additional extortion scheme described above. Count Six through Nine charge Zachary V. Turner with conspiracy to commit extortion (Count Six) and extortion (Counts Seven through Nine) under color of official right. These counts relate to the $65,000 extortion scheme described above. Count Ten charges Zachary V. Turner with attempted extortion under color of official right, relating to the $20,000 he demanded from the developers. Counts Eleven and Twelve charge Zachary V. Turner with traveling in interstate commerce to engage in illegal activities, in connection with the extortion scheme described in Count Six.

Count Thirteen charges Zachary V. Turner with extortion under color of official right and relates to the second additional extortion scheme described above.

Counts Fourteen and Fifteen relate to the third additional extortion scheme described above and charge Zachary V. Turner with conspiracy to commit extortion (Count Fourteen) and extortion (Count Fifteen) under color of official right.

The maximum penalties for Counts Six through Fifteen are the same as those described in connection with Counts One through Five, above.

Counts Sixteen and Seventeen charge Zachary V. Turner with mail fraud in connection with a fraudulent scheme to obtain a $104,000 mortgage for his East Orange residence, and are identical to Counts Six and Seven of the original Indictment. Each count carries a maximum penalty of 20 years in prison and a $250,000 fine.

Despite Indictment, every defendant is presumed innocent, unless and until found guilty beyond a reasonable doubt following a trial at which the defendant has all of the trial rights guaranteed by the U.S. Constitution and federal law.

An Indictment is a formal charge made by a grand jury, a body of 16 to 23 citizens. Grand jury proceedings are secret, and neither persons under investigation nor their attorneys has the right to be present. A grand jury may vote an Indictment if 12 or more jurors find probable cause to believe that the defendant has committed the crime or crimes charged.

Under U.S. Sentencing Guidelines, the judge to whom this case is assigned would, upon conviction, determine an actual sentence based upon a formula that takes into account the severity and characteristics of the offense, and the defendant's criminal history, if any.

Parole has been abolished in the federal system. Under Sentencing Guidelines, defendants who are given custodial terms must serve nearly all of that time.

Christie credited Special Agents of the FBI in Newark, under the direction of Special Agent in Charge Joseph Bill, for their work in developing the case.

The Government is represented by Assistant U.S. Attorneys Phillip Kwon and Nelson Thayer, both of the Special Prosecutions Division of the U.S. Attorney's Office in Newark.

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Defense Attorneys: Paul Bergrin, Esq., Newark, NJ, represents Zachary V. Turner.

John Tiffany, Esq. represents Barry Turner.