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New Jersey Increases the Number of Charges Brought in Corruption Cases
State prosecutors in New Jersey are cracking down on corruption and fraud. CEPA, also known as the "Whistleblower Act" protects those who come forward to report such wrongdoings.
February 03, 2010 /24-7PressRelease/ -- New Jersey Increases the Number of Charges Brought in Corruption Cases
It's a bad time to be corrupt in New Jersey. For the second straight year, the state's Division of Criminal Justice brought more than 900 cases, nearly 30 percent more than in 2007. The dramatic shift is representative of tighter monitoring and an increased pressure being applied to the areas of political corruption, organized crime and street gangs.
In 2009, the Corruption Bureau alone brought charges in 70 cases -- almost 10 percent more than in 2008 and a whopping 32 percent increase over 2007.
These cases ran the board on governmental corruption, including charges of ballot fraud and improper allocation of funds. In addition to new charges, the state also resolved several major cases, including those involving several former mayors and assemblymen.
Even more impressive, the New Jersey Division of Criminal Justice did all of this with fewer attorneys, fewer detectives and other budget restrictions.
While much credit should be given to state prosecutors, it's worth highlighting the way in which many of these cases come to light and the importance of whistleblowers in stemming corruption and fraud. Often times, the success of these cases depends on upon the strength of information gleaned from honest people close to the accused.
It's not an easy step to take.
Especially in a work environment, where a prospective whistleblower must return after reporting colleagues, fear of retaliation stifles many would-be informants. New Jersey lawmakers acknowledged this fear when they passed the Conscientious Employee Protection Act (CEPA), also known as the "Whistleblower Act."
Under CEPA, employers are barred from retaliating against an employee who exposes, or threatens to expose, activities which he or she knows to be improper or illegal. Employees are also protected if they:
-testify or give information during an investigation or in the course of a public hearing
-refuse to participate in an activity which is in violation of the law, fraudulent or goes against public policy
If a company or organization is found to have retaliated unfairly against a whistleblower, it can face a heavy penalty. In 2008, for example, New Jersey police officer Joseph Napoleone was awarded nearly $1 million by a jury who found that police had unfairly retaliated against him after he reported several members of the force for wrongful actions.
Whistleblowers also have additional incentive to speak out against parties who are defrauding the state. The New Jersey False Claims Act, which allows individuals in New Jersey to bring an action -- either alone or working with the state Attorney General -- against anyone who knowingly causes the state to pay a false claim, entitles whistleblowers to collect a reward of between 15 to 30 percent of the proceeds recovered for the state. These rewards provide important recognition of the essential role played by whistleblowers in stopping the abuse of important state claims programs, such as Medicaid.
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