Police Captain Indicted For Allegedly Falsifying Time Sheets

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TRENTON – A suspended police captain with the New Jersey Human Services Police was indicted today on charges that he submitted fraudulent time sheets that indicated he was working when, in fact, he was traveling out of state for personal pleasure or business, or gambling in Atlantic City, Attorney General Jeffrey S. Chiesa announced. Brian Brady, 50, of Sparta, was also charged with filing fraudulent firearms qualification certificates, misusing police databases for personal purposes, and using a state vehicle, state gas card and state-issued E-Z Pass on the personal trips.

Brady was charged in a nine-count state grand jury indictment with three counts of official misconduct (2nd degree), one count of pattern of official misconduct (2nd degree), one count of theft by deception (3rd degree), two counts of tampering with public records or information (3rd degree), and two counts of computer theft (2nd and 3rd degree). If convicted, he would face a sentence of five to 10 years in prison on each official misconduct charge, including five years without possibility of parole, and a consecutive sentence on the pattern of official misconduct charge. The charges stem from an investigation by the Division of Criminal Justice Corruption Bureau and New Jersey Department of Human Services.

Brady, who formerly was a councilman and mayor for the Township of Sparta, is the third highest ranking officer in the Human Services Police, reporting to the chief and the director. The Human Services Police provide police services at the developmental centers and psychiatric hospitals operated by the Department of Human Services (DHS). They are also assigned to protect offices and case workers for the Division of Youth and Family Services. DHS immediately suspended Brady when he was charged by complaint in the case in May 2011.

“It is deeply troubling that a police supervisor, who has a sworn duty to uphold the law, is instead charged in this indictment with violating the public’s trust through multiple criminal acts of dishonesty and theft or abuse of police resources,” said Chiesa. “By aggressively prosecuting official misconduct, we will deliver a loud and clear message that nobody is above the law.”

“This captain allegedly falsified timesheets in order to collect pay as if on duty for days when he was away on vacation or traveling for personal business,” said Stephen J. Taylor, Director of the Division of Criminal Justice. “On top of that, he allegedly used a police vehicle and state-funded gas for those personal trips. We will not tolerate that type of abuse of public office.”

In connection with the first count of official misconduct, it is alleged between March 2007 and October 2010, Brady took blocks of personal time without submitting documentation for the appropriate leave time. Instead, Brady, whose annual salary is $101,000, allegedly submitted false time sheets indicating he had worked on days when he was away on personal trips, including ski trips to Vermont, trips to New York for his personal consulting business, and visits to Atlantic City and Delaware to gamble. On some of these personal trips, including travel outside of the State of New Jersey, he allegedly used a state vehicle and a state-issued E-Z Pass, and purchased gas using a state gas card.

Brady was the officer for the Human Services Police who submitted required certifications each year to the Attorney General’s Office on force members’ firearms qualifications. The second count of official misconduct charges that Brady submitted four annual certifications for the years 2006, 2007, 2008 and 2009 that falsely stated he had completed required activities at a firing range to re-qualify in use of his service firearm, when he had not completed the requirements.

In connection with the third count of official misconduct, it is alleged that Brady directed a subordinate employee of the Human Services Police to conduct background checks on members of a minor league baseball team using a restricted police database. It is further alleged that he directed subordinate officers to use the police database to run background checks on a home health care worker he was considering hiring and a vehicle he wanted to buy. The police database is to be used strictly for criminal justice purposes and not for personal purposes.

Brady is charged with third-degree theft by deception for allegedly falsifying the timesheets and using the state vehicle, EZ-Pass and gas card for personal purposes. The two counts of third-degree tampering with public records or information address his alleged falsification of the timesheets and the firearms certifications. The computer theft counts relate to his alleged unauthorized use of the police database for personal purposes.

The case was presented to the state grand jury by Deputy Attorney General Mark J. Ondris and Deputy Attorney General Cynthia Vazquez. The investigation was conducted and coordinated by Detective Lee Bailey, DAG Ondris, DAG Vazquez, DAG Nicole Rizzolo, and Supervising Deputy Attorney General Christine Hoffman, Chief of the Division of Criminal Justice Corruption Bureau, with the full cooperation and participation of Human Services officials.

Second-degree crimes carry a sentence of five to 10 years in state prison and a criminal fine of up to $150,000. Each of the second-degree charges carry a mandatory minimum sentence of five years in prison without parole under New Jersey’s statutory sentencing enhancements for public corruption. The mandatory minimum sentence applies to certain listed offenses occurring on or after April 14, 2007 that involve or touch upon the defendant’s public office. Third-degree charges carry a sentence of three to five years in state prison and a fine of up to $15,000.

The charges are merely accusations and the defendant is presumed innocent until proven guilty.

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