The revised Uniform State Memorandum of Agreement Between Education and Law Enforcement Officials was drafted to meet the provisions of the Anti-Bullying Bill of Rights Act, signed into law by Governor Chris Christie on Jan. 5, 2011. The act sets forth standards for preventing, reporting, investigating and responding to incidents involving bullying of students. The revised MOA provides for coordination of efforts between law enforcement and school officials, particularly in cases involving conduct that may constitute a crime or disorderly persons offense under state law. The Attorney General’s Office and Department of Education sent the MOA this week to county prosecutors and county superintendents of schools for distribution to local officials.

“Bullying inflicts incalculable harm on victims, debases the bullies themselves, and degrades the safety and civility of the school environment,” said Attorney General Dow. “This memorandum of agreement will help ensure that school staff and law enforcement authorities throughout New Jersey work cooperatively to investigate and address potential crimes and serious acts of bullying in our schools.”

Research has shown that bullying has severe negative effects on victims, bullies and even observers of bullying. The effects on student victims include behavioral problems (e.g., suicide, violence), school problems (e.g., high absenteeism, poor achievement, and poor concentration), psychological problems (e.g., depression, anxiety, and low self-esteem), physical/health problems (e.g., stomach aches, dizziness, and headaches) and social problems (e.g., difficulty making friends, difficulty adjusting to their environments, loneliness). Bullies are more likely to get into fights, steal and vandalize property, drink alcohol or smoke, carry weapons, receive poor grades and perceive the school environment as negative, according to research.

The revised MOA was developed by the Attorney General’s Education and Law Enforcement Working Group based upon earlier memoranda of agreement issued in 1988, 1992, 1999 and 2007. It was developed after thorough consultation with the education and law enforcement communities in New Jersey. The revised MOA was prepared for adoption by local law enforcement and by all public school districts and charter schools.

The Anti-Bullying Bill of Rights Act requires each school district to adopt a policy prohibiting “harassment, intimidation or bullying,” as defined in the act. The revised MOA notes that while the act did not create a criminal offense of “bullying,” bullying conduct may violate one or more provisions of the New Jersey Criminal Code if it includes, for example, assault, harassment, threats, robbery or sexual offenses. As in past versions of the MOA, school officials agree to refer cases to law enforcement when they believe that certain criminal offenses have been committed.

In the past, schools typically would suspend their own investigations in such cases in deference to law enforcement until the law enforcement investigation had been completed. However, the Anti-Bullying Bill of Rights Act calls for schools to complete harassment, intimidation or bullying investigations within 10 school days. As a result, proper coordination between school officials and law enforcement is critical. The revised MOA provides enhanced standards for schools and law enforcement regarding reporting and information sharing, the preservation of evidence, the coordination of investigations, and testimony at school student conduct hearings.

Under the revised MOA, school and law enforcement officials agree to jointly review such matters as they plan or proceed with their respective investigations. The MOA specifies that law enforcement may request that a school not interview certain witnesses or not seek certain evidence in order to avoid interfering with an ongoing criminal investigation. Law enforcement agencies agree to testify at any suspension or expulsion hearing, provided that the information is kept confidential and prior notice is given to the county prosecutor’s office, which can preclude such testimony where it would interfere with an ongoing investigation or prosecution.

Police are required under the revised MOA to notify the school principal when a student or a student’s parent or guardian reports to police that a student has been a victim of harassment, intimidation or bullying, provided the offender, if a juvenile, has been charged or is under investigation for a criminal offense in circumstances where the information may help the school maintain order, safety or discipline, or where it may assist the school in placing the offender in appropriate programs.

School officials, in turn, agree to inform students that they may report an alleged offense to law enforcement, but school officials are not to express an opinion to the victim as to whether a crime has been committed. The revised MOA also provides guidance regarding the statutory duty of law enforcement officers to assist school attendance officers, also known as truant officers. For example, when practicable, police should accompany attendance officers to the homes of students in circumstances where attendance officers have concerns for their safety.

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Jenifer Devine, 39, of Fair Lawn, owner of Devine Wholesale, pleaded guilty before U.S. District Judge Claire C. Cecchi in Newark federal court to an Information charging her with wire fraud.

According to documents filed in this case and statements made in court:

From December 2008 through September 2010, Devine, through Devine Wholesale, solicited investors from New Jersey and throughout the United States, telling them she would use their money to fund her wholesale clothing and electronics business. Devine admitted that to induce the investors to make 30- to 60-day investments she promised returns of up to 25 percent per investment. Devine also showed some investors false and fraudulent inventory lists of products she was purportedly reselling. As a result of these solicitations, more than 15 investors sent over $8 million to Devine and Devine Wholesale during this time period.

Devine admitted that, contrary to her representations to investors, Devine Wholesale was not a legitimate business. Devine admitted that instead of using the investor money to purchase clothing or electronics, she used the vast majority of new investor funds to make principal and interest payments to existing investors in Ponzi scheme fashion. Devine also used a portion of the investors’ money on various personal expenses, such as a Royal Caribbean cruise and purchases at luxury retailers such as Burberry, Gucci and Coach.

Devine admitted that as a result of her conduct, investors lost more than $2 million.

The wire fraud count to which Devine pleaded guilty carries a maximum potential penalty of 20 years in prison and a fine of up to $250,000 or twice the amount of gain to Devine or loss to victims as a result of her criminal conduct. Sentencing before Judge Cecchi is scheduled for Dec. 20, 2011.

U.S. Attorney Fishman credited Special Agents of the FBI, under the direction of Special Agent in Charge Michael B. Ward, for the investigation leading to today’s guilty plea.

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Homeowners in Little Falls received a mailed letter that begins, “STATEMENT OF YOUR BENEFITS,” and states, “The Payment Security Administration (PSA) has determined that you shall receive entitlements and a Financial Recovery Award of up to $27,500.00.”

The letter asks recipients to mail a “Benefit Consent Form” to a post office box in Canada, along with a “Processing Fee” of $29.97 paid by check, money order, or credit card authorization.

The fine print on the back page includes language about sweepstakes rules. State and federal law, however, are clear that that no sweepstakes can require consumers to make a payment in order to receive a prize.

View example of Scam Letter

“Consumers should be extremely cautious with any request that they send money to an unknown person or business,” Thomas R. Calcagni, Director of the Division of Consumer Affairs, said. “By sending a check, you are giving the recipient your bank account information and the bank’s routing number. With this information, or with an authorization to charge your credit card, you expose yourself to unauthorized withdrawals of your hard-earned money.”

Calcagni noted that consumers should beware of any mailer or advertisement that, like the “Payment Security Administration” mailer, has any of these signs of a possible scam:

• Offering huge prizes in exchange for small, up-front payments;
• The use of an official-sounding but unverifiable name; for example, if an Internet search reveals that an agency by that name may not actually exist;
• Fine print that includes unclear or confusing language; or
• The request that payments be sent outside the United States.

“Anyone who receives this mailer should immediately contact the Division of Consumer Affairs,” Calcagni continued. “The residents of New Jersey’s flood-affected areas have experienced enough stress and suffering, without the additional insult of being scammed.”

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The Restoring Freedoms conference is slated for August 28, 2011, on the anniversary of Dr. King’s “I Have a Dream” speech. The goals of the conference are to bring that message of freedom and liberty into the inner city and urban areas.

The event will be held at the State House, 125 W. State Street, Trenton, New Jersey, 10am-5pm. The event is free, and is open to the public.

Other Guest Speakers include Mayor of Trenton Tony Mack, union leader and civil rights activist Jesse Epps, and Mayor of Borough of Highlands, New Jersey, Anna Little, among other inspirational speakers who will address what freedom means to them and how we, as a society, can move forward to ensure that America will always be a beacon of light for justice and equality to those oppressed.

Invited Guests include Congressman Ron Paul of Texas, U.S. Senator Rand Paul, as well as activist and civil rights minister Rev. Al Sampson.

“Preserving freedom is something we have to be vigilant about in this society and make sure our freedoms are extended to everyone,” Mr. Garces said.

The Restoring Freedoms event is raising money for three deserving Trenton organizations. A portion of the funds raised will be donated to UIH Family Partners, Education Works, and the Trenton Veterans Service.

There will also be a collection bin set up for those who wish to donate education supplies.

Other participating groups include the National Union of American Families, The Political Emporium, Campaign for Liberty, as well as Young Americans for Liberty.

Restoring Freedoms had originally been scheduled for January 17, in remembrance of Martin Luther King.

William J. Garces is founder and managing partner of Garces & Grabler, P.C., a New Jersey law firm with seven law office locations throughout New Jersey, representing clients in New Jersey since 1991.

For more information about Restoring Freedoms visit www.restoringfreedoms.com

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Twenty-two patrons were charged with underage drinking, including four who were also charged with presenting a fake identification card. One additional patron was charged strictly with presenting a fake identification. All 23 patrons are from New Jersey.

“Those under the age of 21 need to know that if they break the law by drinking alcohol, they could face serious consequences,” said Director Fischer. “We are partnering with local and county law enforcement agencies to prevent underage drinking, which endangers the young people involved as well as the public at large.”

Scarlet Pub’s liquor license will be reviewed by ABC for possible administrative charges. Those charges could result in the suspension of the bar’s alcoholic beverage license. The charge of selling alcohol to underage patrons is a disorderly persons offense which carries penalties including a fine of at least $500. Underage drinking is also a disorderly persons offense, carrying a potential fine of at least $500 and a six-month driver’s license suspension.

The arrests are part of the Division’s ongoing efforts to combat underage drinking in an around college communities throughout New Jersey.

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Kenneth Darrian, 25, appeared before U.S. Magistrate Judge Lois H. Goodman on a Complaint charging him with one count of bank robbery.

According to the Complaint filed on July 5, 2011, and statements made in court:

Darrian entered the Mercerville Chase Bank on June 23, 2011, dressed in a tan sleeveless dress and a woman’s wig. He approached the teller counter and inquired about purchasing a money order. When the teller began to help him, Darrian pulled what appeared to be a black handgun from a bag he was carrying and pointed it at the teller. He then vaulted the counter, demanded the teller drawer be opened, and reached into the drawer for the cash.

Witnesses and surveillance video led a Trenton police officer to locate the defendant’s vehicle outside his residence in Trenton.

Darrian was arrested on June 27, 2011, by the Hamilton Police Department in relation to other matters, and has been held by the state since that time. He was returned state custody following today’s proceeding pending the resolution of those matters.

If convicted of the robbery, Darrian faces a maximum potential penalty of 20 years in prison and a $250,000 fine.

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The reforms follow an assessment by a Study Group which was tasked by the Attorney General with examining law enforcement drug testing policies, the role physicians may play when these drugs are improperly dispensed, greater insurance and prescription monitoring, and the costs to the public.

According to the report, issued by the Study Group, the legitimate medical uses of steroids, HGH and HCG are limited to a very small number of medical conditions. However, because there was little scrutiny until recently of prescription claims filed by law enforcement officers and others receiving steroids, HGH and HCG, the potential for improper prescribing of these substances was high. In addition, the lack of disciplinary action by regulators against physicians who improperly prescribed these substances and the failure to adequately screen and monitor prescription drugs created a recipe for abuse.

“It is important that we strengthen oversight, regulation and investigation in order to discourage the improper use of steroids throughout New Jersey’s law enforcement community and ensure the public’s confidence,” said Attorney General Dow. “Law enforcement holds a special trust based on its authority and must be held to the highest standard of professionalism. These reforms tighten the safeguards against abuse not only by law enforcement, but by other members of public health plans and doctors who improperly prescribe these substances.”

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The Attorney General’s reforms address three key issues: misuse of anabolic steroids and human growth hormones, improper prescription of these substances by physicians, and increased health care costs linked to such conduct. Attorney General Dow intends to adopt the following recommendations made in the report.

With regard to users of these medications, the Study Group made several recommendations:

• The Attorney General’s Law Enforcement Drug Testing Policy will be amended to add anabolic steroids to the list of substances tested for under the Policy. Testing of officers will be conducted at the discretion of the law enforcement executive.
• The Drug Testing Policy will also be amended to require officers who test positive for a controlled dangerous substance or steroid to produce a letter from the prescribing physician confirming that the substance is being administered for a medically recognized purpose after appropriate diagnosis and that use of the substance does not render the officer unfit for duty.
• The Attorney General is encouraging local law enforcement to require self-reporting of anabolic steroids or HGH pursuant to her authority to determine fitness for duty.
• Once the Drug Testing Policy has been amended, the Attorney General will issue a memorandum to all law enforcement under her authority advising them of these changes
  and, more generally, about potential criminal and employment penalties that arise from improperly obtaining, possessing or distributing these substances.
• The Attorney General’s office has submitted a recommendation to the Division of Pensions and Benefits that HGH prescriptions and most (approx. 80 percent) of anabolic steroid prescriptions be filled by mail order only by Medco, the State of New Jersey’s prescription benefits manager, to ensure complete fidelity to its new protocols instituted on March 1, 2011.

With regard to physicians, the Study Group recommended the following:

• The Attorney General will convene a working group of investigators, prosecutors and attorneys who handle prescription drug fraud. This working group will meet on a quarterly basis to share information, update counterparts on any new reporting, tips, complaints or information received from informants or defendants seeking plea deals and other “word on the street” information.
• The Attorney General is directing the State Board of Medical Examiners to review current regulations related to anabolic steroids and HGH and to convene a panel of experts to propose amendments that will curtail prescription of HGH for anti-aging purposes.
• As part of the implementation of the Prescription Monitoring Program, in addition to anabolic steroids, which will be tracked along with all Schedule II-V drugs, the Director of the Division of Consumer Affairs, pursuant to statutory authority given to him, will include HGH among the substances the database tracks.
• The Study Group has recommended that the Attorney General call for passage of legislation that will specifically target the unlawful prescription of medications by
  physicians. While state law currently provides for criminal sanction for health care claims fraud and improper dispensing of Schedule III substances, the Attorney General is
  supportive of a bill that would broadly address fraudulent and deceptive practices in this area.

With regard to costs, the Study Group discovered the following:

The Study Group was advised by Medco that the total cost to the state benefit plan for anabolic steroid and HGH prescriptions in 2010 was a little more than $11.2 million, which included about $6.3 million for treatment of roughly 6,000 individuals prescribed anabolic steroids and about $4.9 million for just over 200 patients who received human growth hormone. Prescription of anabolic steroids ranked 45th out of the 172 subcategories of prescriptions filled by Medco, and HGH rated 53rd. The safeguards will discourage improper prescription and dispensing of these substances by health care professionals.

Attorney General Dow stated, “With these reforms in place, users will officially be on notice, prosecutors will be better armed to prosecute abusers, and hopefully health insurers will be better positioned to control the exorbitant costs associated with the misuse of steroids.”

The report notes that the State’s ability to prosecute law enforcement officers for improperly using steroids and billing them to public health plans was hindered in the past by the officers’ ability to claim that they thought what they were doing was proper because doctors were prescribing the substances, pharmacies were dispensing them, and insurers were paying for them. The Study Group concludes that one of the most effective ways to improve the State’s ability to investigate and prosecute abusers is to force them out of the doctor’s office, through the recommended reforms, and relegate them to black market sources. Prosecutors then can avoid defenses centered on the fact that the substances were prescribed by a medical practitioner.

The Attorney General assembled the Study Group following a newspaper series that revealed that members of law enforcement have sought anabolic steroids, HGH and HCG for the purposes of muscle enhancement and/or “lifestyle improvement.”

Attorney General Dow commended the members of the Study Group for their examination and recommendations.

The Study Group includes: First Assistant Attorney General Phillip Kwon, Division of Criminal Justice Director Stephen Taylor, Division of Criminal Justice Deputy Directors Dermot O’Grady and Riza Dagli, Division of Consumer Affairs Director Thomas Calcagni, Middlesex County Prosecutor Bruce Kaplan, Passaic County Prosecutor Camelia Valdes, Mercer County Prosecutor Joseph Bocchini, Hoboken Public Safety Director Angel Alicea, Assistant Attorney General Sharon Joyce, Deputy Attorney General Joseph Fanaroff, and New Jersey Public Employees’ Health Benefit Programs Manager David Pointer.

The Study Group consulted with representatives from the New Jersey State Police Benevolent Association, the State Troopers Fraternal Association of New Jersey, the New Jersey State Association of Chiefs of Police and Medco.

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Division of Highway Traffic Safety Director Pam Fischer explained that, prior to the change, motorists could only be cited if property damage or injuries occurred as a result of failing to remove ice and snow from their vehicles. Drivers will now be required to make all reasonable efforts to remove accumulated snow and ice from all exposed surfaces prior to operation of the vehicle, she explained.

“Snow and ice left on a vehicle, in particular on the hood, windows and roof, can become a deadly projectile, creating a hazard for everyone on the road,” Fischer said. “The few moments it takes to clear ice and snow from your vehicle could prevent a crash or save a life.”

“For years we’ve seen evidence of the dangers of snow and ice on vehicles. Now, the law prohibits what common sense should have already dictated. And troopers will be enforcing that law this winter,” said Colonel Rick Fuentes, Superintendent of the New Jersey State Police.

Fines for violating the new law range from $25 to $75. No motor vehicle points will be assessed for this offense. If failure to remove ice and snow results in injury or property damage, motorists face fines ranging from $200 to $1000, while commercial motor vehicle drivers face fines ranging from $500 to $1,500, for each offense.

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Named as sole Respondent in the Finding of Probable Cause, the Old Bridge Board of Education oversees a school district made up of approximately 9,600 students, 12 elementary schools, two middle schools and one high school. According to the Division, the district failed to deal effectively with the harassment of a Jonas Salk Middle School student – identified only as H.D. because he is a minor – that began in the fall of 2004 and continued through the end of the school year in 2007.

The harassing conduct included derogatory remarks from other students about H.D.’s perceived sexual orientation, as well as his Jewish faith. On one occasion, the student had papers stuffed down the front of his pants by other students. On another occasion, a middle school staff employee allegedly asked him if he was looking for his purse as the youth checked the lost-and-found. The school district has denied that incident.

But the district’s own documentation shows that, during one stretch between early September 2006 and late January 2007, there were at least 11 reported incidents of harassment against H.D. involving 14 different students. In two of the cases, no action was taken because of a lack of information. In the remaining cases, a total of 12 students received discipline ranging from a verbal warning to after-school detention to in-school suspension. However, the bullying of H.D. continued. The Finding of Probable Cause cites Old Bridge for failing to take affirmative steps to prevent the bullying of H.D., and for dealing with it only via “after-the-fact” discipline, without any prevention measures or efforts at broader outreach to students.

“It appears this student went to school in an extremely hostile atmosphere – a climate in which he was subjected to a level of bias-based harassment and torment that no young person should have to endure,” said Division on Civil Rights Director Chinh Q. Le. “With the new school year about to begin, this is the perfect time to remind school districts they have a duty to create and maintain a safe, nurturing and harassment-free learning environment, and to respond effectively when bullying rears its ugly head.”

H.D. entered Jonas Salk Middle School in September 2004, and the harassment began shortly thereafter. According to a log kept by the youth’s mother and provided to the Division, H.D. was repeatedly targeted for such slurs as “fag” and “fruit.” He was also derided for eating “Jew food.” According to the youth and his mother, these taunts and slurs were aimed at him in school, on the school bus, and on the Internet.

In an interview with a Division investigator, a former principal at Jonas Salk Middle School – the educator retired in June 2006 – recalled most incidents of reported harassment against H.D. listed in the log. While the ex-principal apparently did suspend two students involved in a locker room incident in which paper was stuffed down H.D.’s pants, he said he generally couldn’t recall what disciplinary action he took upon learning of other bullying episodes. He said he rarely documented such discipline unless it involved conduct serious enough to warrant suspension.

The same former principal acknowledged telling H.D. during one conversation that he’d understand if H.D. elected to respond to his tormentors physically. He also acknowledged recommending that H.D. transfer out of Jonas Salk Middle School and attend the township’s other middle school as a solution.

“No matter how well intended, a suggestion that the victim consider resorting to physical aggression against his tormentors, or that he transfer to another school, is neither an appropriate nor a sufficient means for the school district to deal with the unlawful, harassing conduct of its students,” said Le.

Ultimately, the Finding of Probable Cause notes, H.D. became reticent about even reporting further incidents of harassment and bullying at Jonas Salk Middle because doing so never improved his situation. In fact, the Finding of Probable Cause notes, the youth felt he was “becoming known as a snitch,” which threatened to make matters worse.

A Finding of Probable Cause does not resolve a civil rights complaint. Rather, it means the State has concluded its preliminary investigation and determined there is sufficient evidence to support a reasonable suspicion New Jersey’s Law Against Discrimination (LAD) has been violated.

The LAD provides that each Respondent found to have committed a violation is subject to a penalty of up to $10,000. The LAD also provides for other remedies, including compensatory damages and injunctive relief, such as changes in the employer’s policies and management/staff training.

Now that the Division has issued a Finding of Probable Cause, the Old Bridge Board of Education case will be referred for a process known as Conciliation. If Conciliation is not successful, the matter will be referred for a non-jury trial before an Administrative Law Judge. Once the trial is completed, the presiding Administrative Law Judge will issue a written Initial Decision.

Director Le thanked Division Investigator Agnes Roncaglio, Paterson Office Manager Carolyn Paul, Legal Specialist Benn Meistrich, Deputy Attorney General Marisa Slaten and Deputy Attorney General Charles Cohen, Assistant Section Chief, for their work on the Old Bridge investigation and Finding of Probable Cause.

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Under terms of the agreement, Clementon Fire and Rescue of Clementon, Camden County, paid firefighter Merrissa V. Garretson $15,000 last month. The fire company also agreed to give Garretson a positive letter of employment reference whenever contacted by a prospective employer. Garretson resigned from Clementon Fire and Rescue in April 2010. As part of the settlement with Garretson, the fire company made no admission of liability.

“This is a fair settlement that resolves troubling allegations of discrimination against a young woman in a male-dominated work environment,” said Division on Civil Rights Director Chinh Q. Le. “No employee should be treated like a second-class citizen because of his or her gender, and no worker should suffer reprisals for having reported such treatment.”

At age 13, Merrissa Garretson began her employment with Clementon Fire and Rescue in May 2003 as an Explorer. She was promoted to Junior Firefighter in July 2006, and promoted again to Probationary Firefighter in July 2008. In December 2008, Garretson was promoted to the position of Firefighter. At all times, she was a volunteer employee and was not paid by the fire company.

According to her formal Complaint, Garretson approached the fire company’s deputy chief, Randall Freiling, in March 2009 to report repeated, discriminatory remarks by a male firefighter that were demeaning to women generally, and derogatory toward Garretson in particular. Garretson alleged that she later approached Clementon Borough Administrator Jenai L. Johnson, in July 2009, with the same information.

In the aftermath of those two conversations, Garretson received a letter from Administrator Johnson – in August 2009 — advising that a thorough investigation had been conducted, and that corrective action had been taken.

However, Garretson charged in her Complaint, she saw no evidence of a thorough investigation or corrective action.

To the contrary, Garretson alleged, she was subjected after reporting her concerns to such actions as being “bumped” from fire truck assignments in favor of less qualified, less experienced junior firefighters, and having her gear removed from her locker. Garretson filed her formal Complaint with the Division on Civil Rights in November 2009.

Director Le thanked Division Investigator Maurice Sykes and John Beauchamp, Regional Supervisor in the Division’s Camden Office, for their work on the Garretson matter.

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