GUILTY ON EIGHT COUNTS

Mail Fraud Charges Carry 40-Year Maximum

(Reprinted frm Amboy Beacon, Oct, 13, 2010)

By Jim Shea

NEWARK — Sitting in Room 5C of the King Building and U.S. District

Courthouse, a jury late last week found former Perth Amboy Mayor Joseph Vas and

longtime Mayor’s Aide Melvin Ramos guilty of eight of the 12 counts in the

superseding indictment of their federal corruption trial.

As a result of that verdict, Vas faces a maximum prison term of 56 years

and fines totaling $950,000, while Ramos faces a maximum prison term of 51

years and fines totaling $800,000, when they are sentenced by Judge Susan

Wigenton in January.

Mayor Wilda Diaz released the following prepared statement after the jury

rendered its verdict: “The federal government presented its evidence, and a

jury has rendered its determination. A sad chapter in Perth Amboy history is

closed, and the city can continue to move-forward.”

Both defendants were acquitted in Counts 1 through 4 of charges of mail

fraud. They were convicted in Counts 5 and 6 on other charges of mail fraud.

Each count of mail fraud carries a maximum penalty of 20 years in prison and a

fine of $250,000.

Vas was convicted in Count 7 of fraud and misapplication of funds involving

a local government receiving federal funds, which carries a maximum penalty

of 10 years in prison and a fine of $250,000. Vas also was convicted in

Count 8 of making false statements to federal agents, which carries a maximum

penalty of five years in prison and a fine of $100,000.

Ramos was convicted in Count 9 of making contributions to a federal

candidate in the names of others, which carries a maximum statutory penalty of one

year in prison and a fine of $100,000. Ramos also was convicted in Counts 10

and 11 of making false statements to the Federal Election Commission (FEC).

Each count carries a maximum penalty of five years in prison and a fine of

up to $100,000.

In Count 12, Vas was convicted of making contributions to a federal

candidate in the names of others, which carries a maximum statutory penalty of one

year in prison and a fine of $100,000.

In determining the actual sentences, Wigenton will consult the advisory

U.S. Sentencing Guidelines before she sentences Vas and Ramos. The Guidelines

provide appropriate sentencing-ranges that take-into-account the severity and

characteristics of the offenses, the defendants’ criminal histories, if

any, and other factors. However, the Judge isn’t bound-by the Guidelines in

determining her sentence.

Parole has been abolished in the federal system, and defendants who are

given custodial terms must serve about 85-percent of that time.

Defense counsels Alan Zegas and Edward Byrne represented Vas, Jerome

Ballarotto represented Ramos; U.S. Attorneys Brian Howe and Jennifer Kramer

represented the government.

Excerpts of Wigenton’s 77 pages of instructions or “charge” to the jury

follow.

“The facts are in-evidence; apply the law I give you. Don’t be influenced

by objections or my reactions. Don’t be influenced by evidence I told you to

disregard. Direct and circumstantial — indirect — evidence both may be

used. Use ALL of the evidence. You must determine the weight.

“The defense is not required to produce evidence or witnesses. The

burden-of-proof is on the government. The government must prove the defendants

guilty beyond-a-reasonable doubt.

“Regarding persons not on-trial: They must carry no weight as to the guilt

or innocence of the defendants. (Eddie) Trujillo’s $ 3.5 million loan is not

to be considered as evidence. Defendant Vas is not being tried here for

other acts.

“You, the members of the jury, are the sole determiners of the credibility

of the witnesses. The burden-of-proof lies with the government. You cannot

make any inferences from the fact that the defendants didn’t take the stand.”

Excerpts of Howe’s closing argument or “summation” to the jury follow.

“Why did Vas lie to federal agents? He lied because he tried to deceive the

federal agents, as he did the citizens of Perth Amboy, all proof of the

scheme to line his own pockets and his campaign for Congress.

“A deal was made to sell the DeKalb Avenue property before Vas even owned

it. On Aug. 4, 2005, Vas had a meeting with Evan Samouhos. The Mayor was very

supportive. Vas said RCA funding would be available for rehabilitation, Vas

is under-contract, and Vas delayed the closing so he could find a buyer to

flip the property. How does Vas buy the property? A balloon mortgage.

“Mel Ramos signed, along with Vas’ signature, on this contract. (Frank)

Sinatra’s February 2006 report showed that he and Harry Jones met with Ramos.

When the DeKalb Avenue property was in their hands, RCA funds would become

available. Ramos is a co-schemer.

“Evan Samouhos was concerned that once he bought the property he was stuck.

The Mayor said there was no guarantee, but the funds were there for the

DeKalb property. Vas assured that his application would be processed. He

wanted to win. It was a tool to facilitate his ambition. Vas had a

fighting-chance and could win the election.

“Who had the greatest stake in DeKalb going through? It was Vas. Vas was a

career politician. The evidence tells you what happened, the concealment of

facts.

“The June 14, 2006 Council meeting. If it was okay, Vas and Ramos would

have disclosed it at the Council meeting. Vas and Ramos were at the Council

meeting. They heard Sinatra abstain.

“The defense made a claim that there was ‘nothing wrong with that.’ The

defense carries that burden. This is not Gumbs’ fault. This was a

very-powerful Mayor throwing his weight around.

“The RCA Agreement between Perth Amboy and 97-99 DeKalb Associates is the

ultimate of frauds. The $90,000 was already gone. On the signature-page, Vas

crosses-out his name, and Frank Capece signs the document, making it clear

that Vas attempted to defraud.

“Vas made false statements to the FBI. Vas said that he did not consider

selling the property before he bought it. He never spoke to the contractor.

Vas didn’t receive any prior knowledge of the resolutions at the Council

meeting and the $90,000 check knowledge. He never ordered Benyola to sign-off on

the $90,000 check. Vas said he ‘recused himself.’ In fact, Vas asserted

himself all-the-way.

“Mel Ramos made false statements to the Federal Election Commission.

Ramos’ written statements were definitely material. FEC Form 3 Report of

Receipts & Disbursements, filed by Melvin Ramos.”

Excerpts of Zegas’s summation to the jury follow.

“There are documents that contradict things that were said here today. At

the end of the day, Mayor Vas didn’t earn 10 cents from the City of Perth

Amboy. The government has not proven this.

“Regarding the June 14 meeting, the sale had already taken-place at the

time of the Council meeting. The fact is, an appraisal came in at $950,000 from

Valley National Bank. There is no law that prevents a Mayor from selling

property, even with an extraordinary profit.

“The fact is that only one person on the City Council had any interest in

this Resolution passing, and that was Mr. Sinatra. Mr. Vas was doing

very-good things for Perth Amboy. The government would have you believe that Mr. Vas

was out-for-himself. Mayor Vas didn’t get a single penny of the $90,000.

“You’re darn right, he did pound desks! He wanted to get things done.”

Excerpts of Ballarotto’s summation to the jury follow.

“They show you bank records, but that does not mean Mel is involved. The

only way to determine Mel’s guilt is to look at the testimony of these three

witnesses: Cesar Jovine, his wife and Shikira Johnson. If you believe this,

Mel is guilty.

“Shikira Johnson is a nice woman. When Ms. Kramer asked her a question, she

said that Mel asked her to write a check. That doesn’t mean Mel gave her

the money. Is there anything going-on between her and Geneske? You can’t

find-out. Beyond-a-reasonable-doubt, the money came-from Geneske.”

Excerpts of Kramer’s rebuttal to the defense follow.

“They made very-good arguments. What’s missing from their arguments is a

meaningful discussion of the evidence, because the evidence hurts.

“There’s no evidence that the FBI got these people together and told them

to lie. None of these witnesses told you that they had bad eyesight. Mel

Ramos approached each of the three at City Hall and asked for a check. Each

contributed and was reimbursed.

“When you commit a crime, you don’t put it in writing. They were

committing a crime. We sit in a Council meeting and remain silent, and then you

approach a person to sign-off.

“If everything was above-board, why not just put the buyer and the seller

together? Why the straw-donors?”

The jury began deliberations at 2 p.m. and broke at 4:15 p.m. on Tuesday,

Oct. 5, returning on Wednesday, Oct. 6.

On Thursday, Oct. 7, at 11:33 a.m., Ballarotto said the jury had reached a

decision on some of the counts. The Judge came-out at noon and said that the

jury had reached a verdict on a number of charges, but the defense lawyers

said the jury had not spent enough-time deliberating.

At 3:20 p.m., a note was presented to the Judge indicating a deadlock in

voting. Zegas said that if there was a deadlock, the defense would ask for a

mistrial. Howe asked for a partial verdict instead, but Zegas said he would

object and instead asked for continued deliberations.

The jury returned, and the Judge read them another charge urging them to

continue, adding: “You are welcome to leave or to stay today.” The jury

chose to leave for the day.

On Friday, Oct. 8, at 10:40 a.m., the prosecution and defense were notified

to return to Courtroom 5C. Both Vas and his son, Joseph Jr., who sat near

his father, sat with their hands clenched, as if in prayer. Ramos’s wife

Carmen, her sister and another family member sat fingering through magazines,

as if to escape the stark reality of the moment. Ballarotto approached Mrs.

Ramos, who seemed to ask him, “What’s happening?” Ballarotto responded,

“Who knows?”

At 11:05, all members of the government’s team had entered the room. At

11:06, the Clerk entered the room, then immediately withdrew to the Judge’s

Chamber. At 11:07, Vas sat staring at the glassed opening in the ceiling, which

was casting-in bright sunlight. The Judge entered the room.

Wigenton said, “At 10:30, we have been advised that the jury has reached a

verdict.” The jury entered the room.

The foreman, a white male in his thirties, wearing a green longsleeve

shirt, handed the verdict-sheet to Court Clerk Antigone Kreski.

Wigenton read the sheet, polling each juror after each count. The Judge

then told the jurors, “You won’t be called to jury-duty for three years. I

will talk to you in the jury-room. Thank-you for your services as jurors.”

The jury was dismissed at 11:14 a.m.