04-22-04 -- Van Berry, Clinton et al. -- Arrest -- News Release

Atlantic City Tax Collector Arrested; Wife Indicted on Robbery and Bribery Charges

CAMDEN - An Atlantic City Tax Collector was arrested today and indicted with his wife on federal charges that they used his official position to arrange the robbery of city tax receipts and for attempting to bribe a West Cape May official in connection with sewer contracts, U.S. Attorney Christopher J. Christie announced.

The Indictment, unsealed with today's arrest, describes a scheme in which Clinton Van Berry, 60, and Nadine Homick-Van Berry, 54, both of Galloway, conspired with each other to rob a courier who was to deliver city tax receipts to a bank and conspired to commit bribery of an elected official to assist a contractor in gaining an unfair advantage in winning competitively bid contracts. In return, the defendants allegedly sought a percentage of the contracts awarded.

Van Berry was arrested at his home early this morning by Special Agents of the FBI's Atlantic City Resident Agency. An initial appearance for Van Berry is scheduled for 2 p.m. today before U.S. Magistrate Joel B. Rosen at the Camden Federal Courthouse.

Homick-Van Berry was arrested on a criminal Complaint charging attempted robbery on Dec. 17, the day after the planned robbery was to occur. She is currently free on a $100,000 personal recognizance bond pending trial.

Counts One and Two of the four-count Indictment charge the Van Berrys in connection with their attempted robbery of Atlantic City tax receipts from a Dec. 15, 2003 tax sale. According to the Indictment, Clinton Van Berry was employed as the Assistant Municipal Tax Collector for Atlantic City, and as such, was responsible for the handling of daily tax receipts and preparing them for bank deposit. The Indictment alleges that beginning Dec. 1, 2003, the Van Berrys together decided to rob a courier who would be delivering the tax proceeds to a Commerce Bank branch located a few blocks from the Atlantic City Tax Collector's office. According to the Indictment, Homick-Van Berry solicited an "Individual" to rob the courier on Dec. 16, the day after the tax sale. Unbeknownst to the defendants, that "Individual" was cooperating with federal law enforcement authorities, according to the Indictment.

The Indictment states that their plan called for Clinton Van Berry to call his wife and ask how her tooth was feeling, which was coded language to convey that the courier had just left with the bank deposit. After the call, Homick-Van Berry would pass on the information to the Individual's accomplice, according to the Indictment. Furthermore, Homick-Van Berry instructed the Individual to keep the cash and to burn any remaining items, such as money orders and checks, according to the Indictment

On Dec. 16 at approximately 1:54 p.m., Homick-Van Berry, using a disposable cell phone given to her by the Individual, called a cell phone number which was also given to her by the Individual, and stated "I said go now." Homick-Van Berry believed she was signaling the Individual's accomplice that the courier had left, according to the Indictment. Unbeknownst to Homick-Van Berry, an undercover law enforcement agent answered the call, according to the Indictment. The bag the courier was carrying contained approximately $33,390 in cash and $66,859 in checks and money orders. According to the Indictment, the robbery did not occur as planned; in fact, the courier was notified of the robbery scheme by law enforcement authorities shortly before the robbery was to occur.

The Indictment also alleges in Counts Three and Four that from about October 2001 until about October 2003, the Van Berrys attempted to bribe the Mayor of West Cape May in connection with two sewer and water-main projects. The Mayor contacted and began voluntarily cooperating with federal law enforcement authorities after being approached by the defendants, according to the Indictment.

The Indictment alleges that beginning in October 2001 and continuing until April 2002, the defendants offered to pay the Mayor for a copy of the Engineer's Estimate of Construction Costs for the borough's 2002 Sewer Replacement Program in advance of the contract bid. The Van Berrys sought the Engineer's Estimate to give to a long-time acquaintance who owned and operated an excavating and contracting business (the "Contractor"), according to the Indictment. The Engineer's Estimate, which is not made public, details projected costs associated with a project, thus giving an advantage to a contractor formulating a bid. The Van Berrys sought a percentage of the contract in the event the Contractor was awarded the contract. Throughout this time period, the Contractor was also cooperating with federal law enforcement authorities and did not submit a bid on the projects, according to the Indictment.

In January 2002 to October 2003, the defendants again conspired to corruptly give money to the Mayor which was intended to influence and reward him for official favors regarding the 2003 Sanitary Sewer and Water Main Improvement Program, which received federal assistance totaling $1.876 million. Beginning in January 2002, the Van Berrys attempted to extract funds from the Contractor for the purported purpose of using the funds to bribe the Mayor in order to obtain the Engineer's Estimate for the 2003 Sewer Improvement project, according to the Indictment.

On July 25, 2003, the Contractor gave Homick-Van Berry $2,000 in cash which was to be used to bribe the Mayor, according to the Indictment. The Indictment alleges that the Van Berrys gave the Mayor $500 in early August 2003 and afterwards told the Contractor that they had given the mayor the full $2,000. It is also alleged that the Van Berrys then told the Mayor that the Contractor had given them only $500. When the Mayor stated that they would not get the Engineer's Estimate because the bribe payment was too low, the Van Berrys demanded the return of the $500.

Count One of the Indictment charges the Van Berrys with conspiracy to obstruct commerce by robbery, and Count Two charges attempt to obstruct commerce by robbery. Each count carries a maximum statutory penalty of 20 years in prison and a fine of up to $250,000. Count Three charges conspiracy to commit bribery concerning a program receiving federal funds, which carries a maximum penalty of five years' imprisonment and a fine of up to $250,000. Count Four charges bribery concerning a program receiving federal funds and carries a maximum penalty of 10 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.

Christie credited Special Agents of the FBI, under the direction of Acting Special Agent in Charge Joseph Billy Jr.; New Jersey State Police, under the direction of Superintendent Col. Joseph R. Fuentes, and the Atlantic City Police Department, under the direction of Chief Arthur Snellbaker.

The Government is represented by Assistant U.S. Attorney Renée M. Bumb, Attorney-in-Charge of the U.S. Attorney's Criminal Division in Camden..

-end-

Defense counsel:

Clinton Van Berry - Joseph Rodgers, Esq. Wildwood; Nadine Homick-Van Berry - Lori Koch, Esq., Asst. Federal Public Defender, Camden