Pay-To-Play Penalties, N.J.S.A. 19:44A-20.1; Record Falsifying and Tampering, N.J.S.A. 2C:21-4

Pay-To-Play Penalties, N.J.S.A. 19:44A-20.1, Record Falsifying and Tampering, N.J.S.A. 2C:21-4, New Jersey, NJ, Election Law Enforcement Commission, ELEC, Hamilton Township, Mercer County, Ocean County, Monmouth County, Criminal Defense, Lawyer, Attorney

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On November 30, 2012, Philip Angarone pleaded guilty to third-degree tampering with public records or information, and fourth-degree prohibited corporation contributions through employees, according to

The 40-year-old entered his plea to fraudulently avoiding the restrictions of New Jersey’s Pay-to-Play Act before Hon. Wendel E. Daniels, J.S.C., in Ocean County, reported

Pay-to-Play governs political contributions by businesses that are party to or are attempting to win contracts with State government entities, according to New Jersey Election Law Enforcement Commission (ELEC), available at (last visited Dec. 6, 2012).

The Hamilton Township resident worked for Birdsall Services Group, as reported by

Angarone joined an existing scheme to make illegal contributions when he began working at the Monmouth County firm in 2008, reported

According to the former marketing director, Angarone together with other employees contributed amounts under $300, the threshold for reporting them.

Birdsall reimbursed contributors with bonuses that the company did not report to the Election Law Enforcement Commission and with government agencies that awarded the firm contracts, according to

Angarone admitted in court, according to, that he and others at the firm fraudulently failed to disclose the illegally reimbursed political contributions to ELEC.

Under the plea agreement, according to, at the sentencing listed for April 26, 2013, the State will recommend the court sentence Angarone to:
  • Up to 364 days county jail as a condition of a term of probation;
  • Forfeiture of $26,775 for illegal contributions;
  • Forfeiture of any contributions subsequently returned to him; and
  • Disqualification from participating in public contracts for five years.

Pay-To-Play Penalties,
N.J.S.A 19:44A-20.1

The New Jersey Campaign Contributions and Expenditures Reporting Act proscribes the following conduct:
  • No corporation or labor organization of any kind shall provide any of its
    • officers,
    • directors,
    • attorneys,
    • agents or
    • other employees
  • any additional increment of
    • salary,
    • bonus or
    • monetary remuneration of any kind
  • which, in whole or in part, is intended by that corporation or labor organization to be used for the express purpose of
    • paying or making a contribution,
    • either directly or indirectly,
    • of money or other thing of value
  • to any
    • candidate,
    • candidate committee,
    • joint candidates committee,
    • political party committee,
    • legislative leadership committee,
    • political committee or
    • continuing political committee.
N.J.S.A. 19:44A-20.1(a).

The Pay-to-Play law designates this as a fourth degree crime for:
  • Any
    • officer,
    • director,
    • attorney,
    • agent or
    • other employee of a corporation or labor organization
  • to provide another employee of that corporation or labor organization
  • any additional increment of
    • salary,
    • bonus or
    • monetary remuneration of any kind
  • for the purpose described in this subsection

Falsifying or Tampering with Records, N.J.S.A. 2C:21-4

New Jersey Law sets forth the following proscribed conduct for issuing a false financial statement, a third-degree crime:
  • when a person with purpose to
    • deceive or injure anyone or
    • to conceal any wrongdoing;
  • he by oath or affirmation
  • knowingly makes or utters a written instrument
    • that purports to describe
    • the financial condition or ability to pay
    • of some person and
    • which is inaccurate in some substantial respect; or
  • Represents in writing
  • that a written instrument purporting to describe a person's
    • financial condition or ability to pay
    • as of a prior date
    • is accurate with respect to such person's financial condition or ability to pay,
  • whereas, he knows it is substantially inaccurate in that respect.
N.J.S.A. 2C:21-4(b).

Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases alleging fraud. Call Now—(856) 812-0321.

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