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United States Attorney District of New Jersey

FOR IMMEDIATE RELEASE CONTACT: Rebekah CarmichaelJune 21, 2012 Office of Public Affairswww.justice.gov/usao/nj (973) 645-2888

HAMILTON TOWNSHIP, N.J., MAYOR INDICTED FOR ALLEGED EXTORTION,BRIBERY, AND MONEY LAUNDERING OFFENSES

TRENTON, N.J. A federal grand jury returned an Indictment today charging the mayor of Hamilton Township, N.J., in connection with $12,400 in bribes he allegedly solicited andaccepted in exchange for his official influence to assist a cooperating witness in maintaining the

position of health insurance broker with the townships school district, U.S. Attorney Paul J.Fishman announced.

John Bencivengo, 58, of Hamilton, was originally charged by Complaint in April 2012with one count of attempted obstruction of commerce by extortion under the color of officialright related to the alleged bribes. The Indictment adds a count of obstruction of commerce byextortion under the color of official right; two counts of violating the federal Travel Act, for allegedly causing the interstate travel of a cooperating witness (the CW) and using a facility ininterstate commerce in aid of the bribery scheme; and one count of money laundering.

According to the Indictment and other documents filed in this case:

While serving as mayor between May 2011 and July 2011, Bencivengo accepted

payments totaling $12,400 from the CW. In exchange, Bencivengo agreed to use his officialassistance, action, and influence to assist the CW and the CWs employer identified in theIndictment as the Insurance Broker to retain the position as health insurance broker for theHamilton Township School District. Bencivengo agreed to speak to a member of the SchoolDistricts Board of Education identified in the Indictment as School Board Member No. 1 about retaining the CW as the school districts health insurance broker instead of putting that

position out for public bid; and agreed to let the CW choose the individual to replace another member of the school board identified in the Indictment as School Board Member No. 2 if that member left the board to run for the New Jersey Assembly.

Bencivengo received the $12,400 in multiple payments. The CW passed a $5,000 check to an intermediary who accepted it on Bencivengos behalf. Bencivengo, the intermediary, andthe CW later agreed to make the check payable to the intermediarys spouse to further concealthe payment. In addition, Bencivengo, the intermediary, and the CW agreed to put the notationcherry bedroom set on the check, agreeing that if anyone asked about the payment, they wouldsay that the CW bought a bedroom set from the intermediarys spouse. After receiving thecheck, the intermediary deposited the check and distributed the proceeds to Bencivengo in cashincrements over several weeks.

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7/31/2019 Bencivengo, John Indictment PR

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In one of the meetings recorded during the course of the investigation, Bencivengo toldthe CW that he needed $7,400 to pay his outstanding taxes. The CW responded 7,400 isdefinitely doable, as long as you got my back with [School Board Member No. 1]. To whichBencivengo responded: When have I ever not had your back? When the CW said, comeJanuary, [School Board Member No. 1 is] gonna want to go out to bid. You got to definitely get

to [School Board Member No. 1], Bencivengo responded Im gonna. The CW also remindedBencivengo that if School Board Member No. 2 was elected to the Assembly, the CW needed to pick the person to replace School Board Member No. 2 on the board.

Bencivengo subsequently received $7,400 in cash from the CW in July 2011, broken intotwo payments.

The extortion and attempted extortion counts charged in Counts One and Two each carrya maximum potential penalty of 20 years in prison and a fine of $250,000, or twice the gross gainor loss from the offense. The violations of the Travel Act contained in Counts Three and Four each carry a maximum potential penalty of five years in prison and a fine of $250,000, or twice

the gross gain or loss from the offense. Count Five, which charges money laundering, carries amaximum potential penalty of 20 years and a fine of $500,000, or twice the value of the propertyinvolved in the transaction. The Indictment also seeks forfeiture of the $12,400 in alleged bribe

payments.

U.S. Attorney Fishman credited special agents of the FBIs Trenton Resident Agency, Newark Field Office, under the direction of Special Agent in Charge Michael B. Ward, for theinvestigation leading to the charges.

The government is represented by Assistant U.S. Attorney Harvey Bartle of the U.S.Attorneys Office Special Prosecutions Division in Trenton.

The charges and allegations made in the Indictment are merely accusations, and thedefendant is considered innocent unless and until proven guilty.

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Defense counsel: Jerome A. Ballarotto Esq., Trenton

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