09-20-05 -- Van Berry, Clinton et. al. -- Conviction -- News Release

Atlantic City Tax Collector and Wife Convicted in Connection with Attempt to Rob Courier of Tax Receipts

CAMDEN - An Atlantic City Tax Collector and his wife were convicted by a federal jury today on conspiracy and attempted robbery charges in connection with their scheme to use the husband's official position to arrange the robbery of city tax receipts, U.S. Attorney Christopher J. Christie announced.

After 8 hours of deliberations, which began at 4 p.m. on Sept 19, the jury convicted Clinton Van Berry, 61, and Nadine Homick-Van Berry, 55, of Galloway, both on one count each of conspiracy to obstruct commerce by robbery and attempt to obstruct commerce by robbery.

U.S. District Judge Jerome B. Simandle, who presided over the 9-day trial, scheduled sentencing for Jan. 6, 2006. Judge Simandle continued Van Berry's bail pending sentencing and Homick-Van Berry's bail pending a detention hearing on Monday, Sept. 26.

The case was tried by Assistant U.S. Attorneys Renée M. Bumb, Attorney-in-Charge of the U.S. Attorney's Criminal Division in Camden, and Phillip H. Kwon, Chief of the Violent Crimes Unit in Newark.

The four-count Indictment was returned in April 2004. Judge Simandle severed Counts Three and Four for trial purposes. The defendants face a second trial on charges of attempting to bribe a West Cape May official in connection with sewer contracts and conspiracy to commit bribery of an elected official in a bid rigging scheme. A date for the second trial has not been scheduled.

Counts One and Two of the four-count Indictment charged 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. According to trial testimony and evidence, beginning in December 2003, the Van Berrys together decided to rob a courier who would be delivering proceeds from a tax sale to a Commerce Bank branch located a few blocks from the Atlantic City Tax Collector's office. In convicting the defendants, the jury found that 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 testimony and evidence, as their plan called for, Clinton Van Berry called his wife and asked 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 passed on the information to the Individual's accomplice.

According to testimony and evidence, 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 trial testimony. Unbeknownst to Homick-Van Berry, an undercover law enforcement agent answered the call. The bag the courier was carrying contained approximately $33,390 in cash and $66,859 in checks and money orders. According to testimony, 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.

Counts One and Two each carry a maximum statutory penalty of 20 years in prison and a fine of up to $250,000.

In determining an actual sentence, Judge Simandle will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges that take into account the severity and characteristics of the offense, the defendant's criminal history, if any, and other factors. The judge, however, is not bound by those guidelines in determining a sentence.

Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.

Christie credited Special Agents of the FBI, under the direction of Acting Special Agent in Charge Leslie Wiser, 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. Attorneys Renée M. Bumb, Attorney-in-Charge of the U.S. Attorney's Criminal Division in Camden, and Phillip H. Kwon, Chief of the Violent Crimes Unit in Newark.

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Defense counsel:

Clinton Van Berry - Donald Manno, Esq. Cherry Hill

Nadine Homick-Van Berry - Lori Koch, Esq., Asst. Fed. Public Defender, Camden