Misused Government Property to Punish Fort Lee Mayor for Not
Endorsing Gov. Christie’s Re-election
NEWARK, N.J. – A member of then-Gov. Christopher J.
Christie’s senior staff was sentenced today to 13 months in prison for her role
in a scheme to punish the mayor of Fort Lee, New Jersey, by misusing Port
Authority resources to cause traffic problems in the borough, Attorney for the
United States Mark Coyne announced.
Bridget Anne Kelly, 46, former deputy chief of staff to Gov.
Christie, and co-defendant William E. Baroni, 47, formerly the deputy executive
director of the Port Authority, were each convicted on Nov. 4, 2016, following
a six-week trial before U.S. District Judge Susan D. Wigenton on all seven
counts with which they had been charged. Judge Wigenton imposed the sentence
today in Newark federal court.
Kelly and Baroni were each convicted of conspiring to
misuse, and actually misusing, property of an organization receiving federal
benefits; conspiring to commit, and actually committing, wire fraud; conspiring
to injure and oppress certain individuals’ civil rights, and acting under color
of law to deprive certain individuals of their civil rights. Kelly was
originally sentenced to 18 months in prison and Baroni was originally sentenced
to 24 months in prison.
The defendants both appealed their convictions. In a
unanimous, precedential opinion, the U.S. Court of Appeals for the Third
Circuit on Nov. 27, 2018, affirmed five of seven convictions for each
defendant, upholding all but the civil rights counts of conviction and
remanding the case to Judge Wigenton for resentencing. Baroni was resentenced
Feb. 26, 2019, to 18 months in prison.
All of the charges relate to the defendants’ scheme to
manufacture traffic problems in Fort Lee by, without public warning, reducing
from three to one the number of local access lanes, located in Fort Lee, to the
upper level of the George Washington Bridge, and the toll booths servicing
those lanes. This was done to punish Mayor Mark Sokolich for not endorsing Gov.
Christie’s re-election bid.
A third conspirator, David Wildstein, the former director of
Interstate Capital Projects at the Port Authority, pleaded guilty May 1, 2015,
to a separate information charging him with two counts of conspiracy for his
role in the scheme. Wildstein pleaded guilty to conspiring to misuse the
property of an organization receiving federal benefits and conspiring to injure
and oppress certain individuals’ civil rights in connection with his role in
causing traffic problems to punish Mayor Sokolich. Wildstein was sentenced July
12, 2017, to three years of probation.
According to documents filed in this case, statements made
in court and the evidence at trial:
In August 2013, after Kelly confirmed that Mayor Sokolich
would not be endorsing Gov. Christie for re-election in November 2013, Baroni,
Kelly, and Wildstein decided to punish the mayor by deliberately causing
significant traffic problems in Fort Lee under the false pretense of a traffic
study.
From the morning of Sept. 9, 2013, to Sept. 13, 2013, they
caused the local access lanes to be reduced so that only one toll booth,
instead of the usual three, was accessible to the approach to the bridge for
local traffic traveling through Fort Lee. To maximize the congestion and the
punitive impact on Mayor Sokolich, Baroni, Kelly and Wildstein caused these
lane and toll booth reductions to start on the first day of the school year
without any advance notice to Mayor Sokolich, the Fort Lee chief of police or
borough residents. The lane and toll booth reductions resulted in significant
traffic in Fort Lee, for motorists intending to access the George Washington
Bridge from local lanes and for residents, whose streets were choked with
traffic.
The conspirators agreed to disregard any inquiries from
Mayor Sokolich and other Fort Lee officials about the lane and toll booth
reductions. They purposely ignored communications from Mayor Sokolich,
including his pleas for help, requests for information, and repeated warnings
about the increased risks to public safety. On Sept. 9, 2013, after Baroni
received an email that Mayor Sokolich had called about an urgent matter of
public safety, Wildstein sent an email to Baroni reiterating that Baroni should
maintain “radio silence” toward the mayor. On Sept. 10, 2013, Kelly sent
Wildstein a text message stating: “I feel badly about the kids … I guess,” to
which Wildstein replied, “They are the children of Buono voters …” a reference
to Christie’s opponent in the gubernatorial election, state Sen. Barbara Buono
(D-Middlesex).
When Kelly was made aware of Mayor Sokolich’s communication
regarding an urgent matter of public safety, she thanked Wildstein for
confirming that Baroni had maintained “[r]adio silence” toward Mayor Sokolich.
On Sept. 12, 2013, Baroni instructed a Port Authority employee through coded
language that the employee should not contact Mayor Sokolich.
The three conspirators concocted and promoted a sham story
that the lane reductions were for a traffic study. They created and advanced
this cover story so they could use Port Authority property, including the time
and services of unwitting Port Authority personnel and other resources, to
implement the lane and toll booth reductions and conceal their true punitive
purpose.
On Nov. 25, 2013, with Kelly’s and Wildstein’s knowledge,
Baroni provided false and misleading testimony about the lane and toll booth
reductions to the N.J. Assembly Transportation, Public Works, and Independent
Authorities Committee.
In addition to the prison term, Judge Wigenton sentenced
Kelly to one year of supervised release, fined her $2,800 and ordered her to
pay restitution of $14,314.
Attorney for the United States Coyne credited criminal
investigators of the Port Authority, Office of Inspector General, under the
direction of Inspector General Michael Nestor; special agents of the FBI, under
the direction of Special Agent in Charge Gregory W. Ehrie; and criminal
investigators of the U.S. Attorney’s Office, for the investigation leading to
today’s sentencing.
The government is represented by Assistant U.S. Attorneys
Lee M. Cortes Jr., Vikas Khanna, David W. Feder and Senior Litigation Counsel J
Fortier Imbert of the U.S. Attorney’s Office Special Prosecutions Division.
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