2011R00849/HB

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY UNITED STATES OF AMERICA Crim. No. 1218

v.
ROBERT WARNEY

U.S.C.

18 U.S.C.

s s

1956(a)

(1) (B) (i)

2

INFORMATION The defendant Indictment, Jersey 1. having waived in open court prosecution for the District by

the united that:

States Attorney

of New

charges

At all times relevant a. Defendant

to this Information: was the Director of Community of the Planning

ROBERT WARNEY

Hamilton

Township,

New Jersey,

Department

and Compliance, ("Bencivenga"), b. in a position behalf

and an associate the Mayor

of John Bencivengo Township, Township, New Jersey. Bencivengo was

of Hamilton of Hamilton

As the Mayor to influence,

and did influence,

actions

taken on

of Hamilton c.

Township. Township education School District (the to by

The Hamilton provides public

"District") twelfth

from kindergarten The District

grade

in Hamilton Township

Township.

is managed

the Hamilton which

Board of Education

(the "School Board"), The District policies for paid

is comprised

of nine elected members. various health insurance

for, and maintained, District employees.

Bencivengo,

as the Mayor

of Hamilton

Township, actions

was in a position

to influence, Board.

and did influence,

taken by the School d.

There was a witness

who was cooperating

with

federal authorities provided including employee insurance states. office insurance

from in or about June 2011 brokerage services for public

(the "CW"), who entities,

municipalities of a company brokerage

and school boards.

The CW was an that provided

(the "Insurance

Broker")

services Broker

in New Jersey,

as well as in other and had an

The Insurance in another

was based in New Jersey in or about Broker

state.

Between

2006 to in or about insurance health to

June 2012, the CW and the Insurance brokerage insurance health renewal services broker, to the District.

provided

As the District's with

the CW made recommendations carriers and assisted

respect

insurance

in negotiating among

premium things. with

rates with

such insurance

carriers, yearly

other

For these services, respect 2. in Mercer defendant

the CN received health

commissions policies.

to the District's

insurance

From on or about May 12, 2011 to in or about County, in the District of New Jersey,

June 2011,

and elsewhere,

ROBERT WARNEY knowing that the property the proceeds involved in the financial transaction did

represented conduct

of some form of unlawful financial

activity,

and attempt

to conduct

transactions

knowing

2

that the transactions conceal control and disguise

were designed the nature,

in whole

and in part to ownership, namely and

location,

source,

of the proceeds obstruction

of specified

unlawful

activity,

Bencivengo's under

of interstate

commerce

by the extortion money from the CW to Title

the color of official for Bencivenga's States

right by obtaining official influence

in exchange 18, United 3.

contrary

Code, Section

1951(a),

as set forth below. and the CW met at New Jersey. him with money Bencivengo At that so

On or about May 12, 2011, Bencivenga residence in Hamilton Township,

~encivengo's meeting,

Bencivenga

asked

the CW to provide

that he could pay taxes and living expenses. CW agreed that the CW would provide of the CW's concern $5,000

and the The CW member

to Bencivengo. elected favored

told Bencivengo

that a newly No.1")

of the School Board publicly bidding

("School Board Member insurance

the District's

brokerage

services Broker. about

instead of just retaining Bencivenga retaining public 4. promised

the CW and the Insurance

to speak to the School to putting

Board Member

the CW, as opposed

the services

out for

bid. At that May 12, 2011 meeting, Bencivenga directed the

CW to make the $5,000 payment WARNEY. defendant order Bencivenga WARNEY

by check made payable WARNEY

to defendant

then called defendant

and directed In

to immediately the nature

meet with him and the CWo defendant

to conceal

of the payment,

WARNEY,

3

Bencivengo, payable nature

and the

ew

agreed

that the CW would make spouse. To further

the check the asked

to defendant

WARNEY's

conceal

of the payment, WARNEY

it was also agreed

that if anyone check,

defendant

or the CW about the $5,000 a bedroom

that they

would say that the CW purchased WARNEY's spouse.

set from defendant WARNEY a check in Set" (the

The CW then gave defendant

the amount

of $5,000 with the notation

"Cherry Bedroom

"5/12/11 Check"). 5. defendant On or about May 12, 2011, in Hamilton, WARNEY deposited the 5/12/11 Check New Jersey, in

into an account which was interstate

the name of his spouse engaged foreign 6. defendant Bencivenga the 5/12/11

at a financial

institution

in, and the activities commerce.

of which affected,

and

On June 17, 2011, during a meeting WARNEY

recorded

by the CW, to

told the CW that he had withdrawn $4,500 of the $5,000 WARNEY

and given

approximately Check.

in proceeds

from

Defendant

also told the

cw

that he had

given the money defendant 7. by the WARNEY

to Bencivenga "d[id]n't

in small increments

because

like to pullout

too much at once." recorded the $5,000

On or about July 11, 2011, in a conversation

ew,

Bencivengo Check

told the CW that he had received from defendant WARNEY

from the 5/12/11 increments 8.

in $500 and $1,000

over a period On March

of several weeks. that Bencivenga

14, 2012, during a meeting

4

recorded,

Bencivengo to accept

asked defendant another

WARNEY

if defendant

WARNEY that

would agree

check from the CW, deposit bank account, and

check into defendant thereafter WARNEY distribute

W.ARNEY's spouse's the proceeds

to Bencivengo.

Defendant should be

agreed

but instructed

Bencivengo

that a notation the nature

put on the front of the check to conceal payment. Defendant WARNEY further stated

of the

that, in the event that this concealed

the corrupt payment transaction uniforms,u serve. In violation

purportedly

underlying

was uncovered, referring

"We'll all have a wing and striped that they would

to the likely jail sentence

of Title

18, United

States States

Code, Section Code, Section 2.

1956 (a) (1) (B) (i), and Title 18, United

UNITED

STATES

ATTORNEY

5

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