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TagsReceives three years in state prison; co-defendant Konstantin Belenky sentenced to two years probation
Former Morris County Tax Commissioner Anthony Crecco was sentenced to three years in state prison Friday for unlawfully voting to award a county contract to a software company with which he had personal dealings and fraudulently underpaying sales tax on a Mercedes he bought from the CEO of that company.
A co-defendant, Konstantin Belenky, 43, of East Hanover, was sentenced to two years of probation.
Crecco, 64, of East Hanover, was sentenced by state Superior Court Judge Thomas V. Manahan in Morristown, state Criminal Justice Director Stephen J. Taylor said. Crecco pleaded guilty on Oct. 20 to second-degree official misconduct and third-degree failure to pay sales tax. He is permanently barred from public employment in New Jersey under the plea agreement. He was ordered to pay $882 in sales tax to the state Division of Motor Vehicles and a $500 fine.
In addition, Crecco agreed to pay restitution to the Florham Park-Fairfield Elks Lodge for funds that he and Belenky misappropriated from the club to pay personal gambling debts.The state's investigation revealed that they diverted $278,650 from the Elks Lodge to gamble in Atlantic City. Both men were members of the lodge, and Belenky was treasurer at the time.
Belenky was sentenced by Superior Court Judge David H. Ironson in Morristown. Belenky pleaded guilty on June 24, 2009 to a charge of theft by unlawful taking, admitting that he conspired with Crecco to steal from the Elks. Crecco did not admit to stealing from the Elks, but agreed to be held jointly and severally liable with Belenky for paying back the remaining $35,460 that the two men had not already repaid at the time of Crecco's plea. Belenky has since repaid that balance.
"Public officials have a strict duty to avoid conflicts of interest," state Attorney General Paula T. Dow said. "In this case, Mr. Crecco clearly violated his duty and the law by mixing personal and public business in a way that undermined the integrity of his official decisions. It is particularly troubling that as a tax commissioner, he pleaded guilty to a criminal charge of failure to pay sales tax."
"This case should send a clear message that we will not tolerate public officials who break the law to advance their own interests or the interests of their friends," Taylor said. "There is no room in government for this type of cronyism."
The charges were contained in an April 29, 2009 indictment that stemmed from an investigation by the State Police Official Corruption Bureau and the Division of Criminal Justice Corruption Bureau.
Crecco admitted that he improperly voted to award a contract to software vendor Vital Communications, despite personal connections to the company and its chief executive officer. A committee appointed by the county tax administrator to evaluate contractors voted in December 2004 to recommend that the county accept a bid by Vital to supply software to the tax board for $118,560. The county freeholders approved the bid.
As a member of the evaluation committee, Crecco, who was also president of the Tax Board at the time, had a duty to recuse himself from that request for proposals because he was in the process of negotiating with Vital's CEO to buy a Mercedes from him. Crecco was a friend of the CEO and had previously golfed with him and attended his wedding in Las Vegas. Crecco admitted that he violated his duty by participating in the recommendation. He voted for Vital, giving its bid a perfect score.
In pleading guilty to failure to pay sales tax, Crecco admitted that he deliberately failed to pay the full sales tax due on his purchase of the Mercedes. Crecco paid the CEO $28,700 in January 2005 to purchase a 1998 Mercedes Benz SL 600. However, in registering the car with the state MVC, Crecco reported that he purchased the car for $14,000. As a result, Crecco paid $840 in sales tax to the state when he actually owed $1,722. He thereby unlawfully evaded $882 in tax.
The remaining counts in the indictment were dismissed. Crecco served on the Tax Board until May 2009. He was not reappointed to the board following his indictment.
Deputy Attorney General Robert Czepiel Jr. prosecuted the case. He was assisted by Deputy Attorney General Paul Salvatoriello. The investigation was conducted by Det. Deniele DeBoer, Det. Sgt. 1st Class Bryant C. Hoar, Det. Sgt. Geoffrey P. Forker and Det. Sgt. Myles Cappiello of the State Police Official Corruption Bureau, and Analyst Allison Callery of the Division of Criminal Justice Corruption Bureau.
- TOM HESTER SR., NEWJERSEYNEWSROOM.COM
