Carol Hobbs, 34, of Jackson, was arrested and charged with third degree theft on Thursday following an investigation by the Monmouth County Prosecutor’s Office.
Hobbs was responsible for maintaining the cash register in the pro shop, collecting greens fees and managing the schedule of golfers to the starting point to begin their round of golf. The investigation revealed Hobbs would modify a transaction so it appeared the golfer received a refund after the golf course patron paid for a round a golf when they had not asked for or received a refund. After modifying the transaction Hobbs retained the money. An audit revealed Hobbs embezzled over $3,000 from September 2012 through December 2012, according to a statement released by Acting Prosecutor Christopher A. Gramiccioni.
Hobbs was not charged with Official Misconduct, a second degree crime if the benefit of the infraction exceeds $200, that carries up to a 10 year prison sentence upon conviction, according to attorney Matheu D. Nunn:
Under New Jersey’s Official Misconduct law, N.J.S.A. 2C:30-2, a public servant can be prosecuted for acts committed in their official capacity and, if convicted, imprisoned for up to ten years.
A public servant includes any officer or employee of government including legislators and judges as well as any person participating as a juror, advisor, consultant or otherwise, in performing a government function; it does not include a witness. The test is whether the person is performing a “government function.”
Under New Jersey Official Misconduct law the public servant’s action or omission must be coupled “with a purpose to obtain a benefit for himself or another” or a purpose to injure another or deprive another of a benefit….
…Here is the scary part–Official Misconduct is a crime of the second degree. As a result, the official faces up to 10 years in state prison if the benefit involved exceeded $200 in value. If the benefit is less than $200 in value it is a crime of the third degree and the official faces a term of imprisonment up to 5 years.
If the purpose is to injure another it will be a crime of the second degree no matter how slight the injury.
And, unlike many other “non-violent” crimes, pursuant to N.J.S.A. 2C:43-6.5, a person convicted of Official Misconduct:
“shall be sentenced to a mandatory minimum term of imprisonment without eligibility for parole as follows: for a crime of the fourth degree, the mandatory minimum term shall be one year; for a crime of the third degree, two years; for a crime of the second degree, five years; and for a crime of the first degree, 10 years; unless the provisions of any other law provide for a higher mandatory minimum term.”
Former Brookdale Community College President Peter Burnham is serving at least two years of a five year prison sentence due to his guilty plea to Official Misconduct.
Gramiccioni declined to say why Hobbs was not charged with Official Misconduct, citing work product confidentiality.
Posted: January 25th, 2013 | Author: Art Gallagher | Filed under: Monmouth County Prosecutor | Tags: Acting Monmouth County Prosecutor, Brookdale Community College, Carol Hobbs, Charleston Springs Golf Course, Christopher Gramiccioni, Monmouth County Park System, New Jersey's Official Miscondut Statute, Official Misconduct, Peter Burnham, Strange Justice | Comments Off on County Employee Charged With Embezzling $3,000 From Millstone Golf Course
By Art Gallagher
Last November I wrote Strange Justice, a piece about my observations of the criminal sentencings of former Brookdale Community Community College President Peter Burnham and former Eatontown Detective Philip Emanulle.
Both men were charged with Official Misconduct. Burnham pled guilty to the Official Misconduct Charge and to Theft. He charged $24,000 on the college’s credit cards for personal expenses over an eight year period and used a $20,000 federal grant for his son’s tuition at Monmouth University for personal use after Brookdale had already paid the tuition. In addition to Official Misconduct, Emanuelle was charged with Sexual Assault, Criminal Coercion and Tampering with Evidence. The Sexual Assault and Official Misconduct charges were dismissed as part of a plea agreement. Emanuelle pled guilty to Coercion and Tampering. Emanulle got five years probation. Burnham was sentenced to five years in prison with the stipulation that he serve at least two years before he is eligible for release.
Burnham is in State Prison now. A mutual friend tells me prison has not been easy for Burnham. That is an understatement. It hasn’t been easy for his family either. Burnham had already lost his job and pension. What was unexpected by his family is that he also lost his Social Security Benefits as a result of his conviction.
On January 8, Marlboro resident Mark Trawinski was sentenced to five months in prison for tax evasion. Between 2002 and 2008, Trawinski didn’t pay the employment taxes withheld from his employees wages or the business’s employment taxes. He beat the government for $713,759 and used the money in part to purchase a $1 million home in Florida that he tried to hide from the U.S. Bankruptcy Court and the IRS. In addition to his five months in prison, after Trawinski is released this spring he will be confined to his home for five months and he will undergo three years of supervised release. He must also pay back the $713,759 to the IRS.
Why is Burnham doing two years hard time for stealing $44,000 while Emanulle got off with probation for Sexual Assault and and Trawinski got five months for stealing $713,759? Official Misconduct.
Read the rest of this entry »
Posted: January 18th, 2013 | Author: Art Gallagher | Filed under: Brookdale Community College, Crime, Hurricane Sandy, Law Enforcement, Monmouth County Prosecutor, Peter Burnham, Philip Emmanuelle | Tags: Brookdale Community College, Christopher Gramiccioni, Matheu D Nunn, Monmouth County Prosecutor, New Jersey's Official Miscondut Statute, Official Misconduct, Peter Burnham, Philip Emanuelle, Strange Justice | 3 Comments »
Two former public servants were in Judge Thomas F. Scully’s courtroom this morning to be sentenced for crimes to which they had negotiated plea bargains.
The courtroom was crowded for former Eatontown detective Philip Emanuelle’s sentencing. On one side of the gallery were Emanuelle’s wife, and many supporters. On the other side was the 25 year old woman who said she was raped by Emanuelle while he was armed, the woman’s family and many supporters. The tearful and tragic emotion in the room was raw.
Emanuelle, 33, of Brick Township, served in the Eatontown Police Department for eight years. He was charged with one count of Sexual Assault, two counts of Official Misconduct, a count of third degree Criminal Coercion and a fourth degree count of Tampering with Physical Evidence.
The Sexual Assault charge and the Official Misconduct charges were dismissed as part of his plea agreement. He was sentenced to five years probation, the loss of his job, and prohibited from public employment for life for the Criminal Coercion and the Tampering with Physical Evidence charges. Emanuelle left the courthouse with his family and friends.
A different and smaller crowd was in the courtroom a short while later. There were no tears shed by former Brookdale Community College President Peter Burnham or his family. Burham quoted Kipling’s The Road Less Traveled, while pleading with Scully to give him a lesser sentence than the one to which he had already agreed to serve.
Burnham, who presided over Brookdale for more than two decades, pled guilty to stealing roughly $44,000 from Monmouth County’s community college; $24,000 in charges for personal expenses to the college’s credit cards over an 8 year period and $20,000 in tuition reimbursement for his son that had already been paid for by the federal government. He was sentenced to five years in State Prison with no eligibility for parole for the first two years. Burnham was taken into custody after sentencing.
Monmouth County Acting Prosecutor, Christopher J. Gramiccioni, described Burnhman as “a king who ruled Brookdale with an iron fist,” a greedy arrogant man compensated very generously with a pay package worth over $300,000 per year who still betrayed the public trust by stealing $44,000.
In contrast, Emmanuelle’s victim graphically described being forcibly raped after she declined to perform oral sex on the detective who was still wearing his gun during the act. She said another victim had come forth. Assistant Prosecutor Gregory Schweers told Scully that his office did not believe they had sufficient evidence to prosecute Emanuelle for the other woman’s allegations.
The victim asked Scully to disregard the plea bargain that she agreed to and send Emanuelle to prison.
Scully told Emanuelle that his actions were “utterly hideous.” The judge repeatedly expressed his shock at the high level of support Emanuelle was receiving from his wife, family and friends. Then Scully gave Emanuelle a longer probationary term than callled for in the plea agreement.
Burnham went to jail today. Emmanuelle went home.
The fact that these two sentencing hearings occurred back to back is legally irrelevant. While they occurred moments apart, they seemed like alternate realities playing out on the same stage after a brief intermission.
Each case was probably disposed of justly on its own merits. But viewed together, back to back, by a layman, it seemed that the cop got away with rape while the college president went to jail for a relatively minor infraction. Burnham’s infraction seemed very minor compared to Emanuelle’s crime. Yet Burnham’s next five years will be much harsher than Emanuelle’s.
Posted: November 30th, 2012 | Author: Art Gallagher | Filed under: Brookdale Community College, Monmouth County, Monmouth County Court, Monmouth County Prosecutor, Peter Burnham, Philip Emmanuelle, Public Corruption | Tags: Christopher Gramiccioni, Gregory Schweers, Judge Thomas F. Scully, Peter Burnham, Philip Emanuelle, Strange Justice | 7 Comments »