Vega Complaint

[GETNJ]

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

I, Robert J. Cooke, being duly sworn, state the following is true and correct to the best of my knowledge and belief.
From in or about March 2009 to in or about July 2009, in Hudson County, in the District of New Jersey and elsewhere, defendant
MARIANO VEGA
and others, to include JC Official 2, did knowingly and willfully conspire to obstruct, delay, and affect interstate commerce by extortion under color of official right, by accepting and agreeing to accept corrupt and structured campaign contributions that were paid and to be paid by another, with that person’s consent, in exchange for defendant MARIANO VEGA’S official assistance in Jersey City Government matters.
In violation of Title 18, United States Code, Sections 1951(a) and 2.
I further state that I am a Special Agent with the Federal Bureau of Investigation, and that this complaint is based on the following facts:
SEE ATTACHMENT A
continued on the attached page and made a part hereof.
Robert J. Cooke, Special Agent Federal Bureau of Investigation
Sworn to before me and subscribed in my presence, July ___, 2009, at Newark, New Jersey
HONORABLE MADELINE COX ARLEO UNITED STATES MAGISTRATE JUDGE Signature of Judicial Officer
ATTACHMENT A
I, Robert J. Cooke, am a Special Agent with the FederalBureau of Investigation (“FBI”). I have personally participatedin this investigation and am aware of the facts contained herein,based upon my own investigation, as well as information providedto me by other law enforcement officers. Because this Attachment A is submitted for the limited purpose of establishing probablecause, I have not included herein the details of every aspect ofthe investigation. Statements attributable to individuals contained in this Attachment are related in substance and in part, except where otherwise indicated. All contacts discussed herein were recorded, except where otherwise indicated.
1. At all times relevant to this complaint, defendantMariano Vega (hereinafter “defendant Vega”) was the City CouncilPresident of the Municipal Council for Jersey City, New Jersey.Defendant Vega also was employed full time by Hudson County as adepartment director with an office in Secaucus, New Jersey.According to defendant Vega, he also previously had been a memberof the Jersey City Planning Board.
2. At all times relevant to this Complaint:
There was an individual who represented himself to bean Assistant Director with the Jersey City Department ofHealth and Human Services (“HHS”) and a member of the JerseyCity Zoning Board of Adjustment (the “Zoning Board”)(hereinafter, “JC Official 2");
There was a cooperating witness (the “CW”)who had been charged in a federal criminal complaint withbank fraud in or about May 2006. Pursuant to the FBI’s investigation and under its direction, the CW posed as areal estate developer interested in developing properties inthe greater Jersey City area.


3. On or about March 5, 2009, at a restaurant in JerseyCity, defendant Vega met with JC Official 2 and the CW. Before defendant Vega arrived, JC Official 2 advised the CW that the CWcould discuss with defendant Vega the development projects thatthe CW purportedly was interested in doing in Jersey City. The CW inquired of JC Official 2 if defendant Vega would accept cashfor his official assistance, to which JC Official 2 respondedthat the CW could probably give defendant Vega a check (for apolitical contribution) and that defendant Vega would be “onboard” with that. In addition to indicating that defendant Vegawas the Jersey City Council President, JC Official 2 stated thatdefendant Vega was a “big boss” in Hudson County government. In further describing defendant Vega’s role on the city council, JCOfficial 2 told the CW that defendant Vega was responsible formaking sure that matters were on the agenda at city Council
meetings and that defendant Vega ran the city council.
4. When defendant Vega arrived at the meeting, JC Official2 introduced Vega to the CW as the most “powerful” individual inJersey City. Shortly thereafter, defendant Vega was informed bythe CW that the CW was interested in developing a property onGarfield Avenue in Jersey City. JC Official 2 advised the CW that defendant Vega was a “friend” and would help the CW.Defendant Vega added: “If I can.” As the conversation progressed, defendant Vega asked JC Official 2 and the CW how hemight be able to help. Defendant Vega was advised by the CW thatthe CW would need assistance with the CW’s approval for thisdevelopment and did not want to engage the City of Jersey City inapplying for approvals for a development before the CW knew thathe had officials who would favorably assist him. Defendant Vega,indicating a willingness to help the CW, stated that he would setup meetings with Jersey City’s Housing, Economic Development andCommerce Department Director. Defendant Vega assured the CW thatthe CW would not have to wait years and then not receiveapprovals. If there were problems with the CW’s developmentprojects, then the CW would be notified quickly. After discussing fundraising and some details about one of the CW’sproposed development projects, among other things, defendant Vegainstructed the CW to give him a business card and to maildefendant Vega materials relating to a site plan for the proposeddevelopment. Shortly thereafter, JC Official 2 stated that itwas important that defendant Vega get reelected (at this time,defendant Vega was running for reelection to his council seat,with such election to be held on or about May 12, 2009) becauseit would take some time for the CW’s development project to cometo fruition. The CW informed defendant Vega that the CW was“generous;” that the CW needed approvals and that the CW would dowhat the CW had to do. Defendant Vega responded by saying thatthere was never in defendant Vega’s mind, nor did he want to beinvolved in, “any quid pro quo” and that he wanted to be up frontwith the CW about that. Defendant Vega suggested to the CW thatthere were many ways for the CW to provide financial support,including providing contributions to candidates who were alliesof defendant Vega. Defendant Vega was informed by the CW thatthe CW did not want to contribute directly, and indicated thatthe CW had companies who would contribute. Defendant Vegareplied that this was a “good way” to do it. Later in the conversation, the CW informed defendant Vega that the CW would dothe “right thing” and that defendant Vega would not bedissatisfied. Immediately thereafter, JC Official 2 added thatthere was “nothing in return,” it was just that defendant Vegawas the “best” in Jersey City and “pro-development.” After defendant Vega departed, JC Official 2 asked the CW if the CWwanted JC Official 2 to pick up a contribution check from the CWand give it to defendant Vega. The CW told JC Official 2 “we’ll see” and indicated that they would have another meeting withdefendant Vega.
5. On or about March 17, 2009, at a restaurant in JerseyCity, defendant Vega met with JC Official 2 and the CW. JC Official 2 again advised the CW that defendant Vega was the mostpowerful man in Jersey City and next in line to the Jersey Citymayor. Defendant Vega remarked to JC Official 2 and the CW thatdefendant Vega had been on the city council for 12 years and thathe would like to become the mayor or a congressman. Shortlythereafter, defendant Vega asked the CW if the CW obtained theinformation on the CW’s project, to which the CW replied thatwith respect to the proposed Garfield Avenue project, the CWshould have plans within about ten days. The parties thendiscussed zoning issues with respect to the Garfield Avenueproperty. The CW remarked that with respect to these issues, itdepended if the CW had “friends” or “enemies.” Defendant Vegathen explained the considerations of developing this property.Defendant Vega disclosed to JC Official 2 and the CW that thestate was planning legislation that potentially could assist indefraying some of the infrastructure costs with respect to suchdevelopment. Defendant Vega indicated that this information wassomething that was being disclosed to JC Official 2 and the CWearly, before it got “out of” the “box.”
6. Indicating the CW’s appreciation for this information,the CW stated that the CW was in “good hands.” Defendant Vegaresponded: “like Allstate.” Defendant Vega then accepted a$2,600 check made payable to the election fund of Mariano Vega,which defendant Vega placed in his inside jacket pocket. Shortlythereafter, in response to the CW stating that the CW knew thatthe CW had people like defendant Vega who would help the CW outwith the CW’s approvals and do the “right thing” in Jersey City,defendant Vega indicated that whether he could help the CW ornot, Vega would not “string” the CW “out.” Defendant Vegaindicated that he understood that the CW did not want to be “blindsided,” and wanted to have questions answered “up front”about what was “doable.” On the other hand, defendant Vegaindicated that he did not want the CW to think that because the CW knew defendant Vega, the CW could “fuck the world.” Defendant Vega and the CW agreed that they should keep quiet and be smart.The CW further informed defendant Vega that the check that the CWgave defendant Vega was “only a small token,” and that the CWcould be more generous as the election got closer, but had tofigure out ways to contribute without the contributions comingback directly to the CW. Shortly thereafter, defendant Vegaconfided to JC Official 2 and the CW that defendant Vega likedbeing “up front” with what he knew and that if this stopped theCW from making a mistake, then it would save the CW time andmoney. As the conversation progressed, defendant Vega suggestedthat the CW provide a contribution to the incumbent mayor (whoalso was running for reelection) because that was “smarter.” As they were concluding the meeting, the CW told defendant Vega thatthe CW wanted to do something on a “larger scale” for defendantVega. The CW further informed defendant Vega that the CW
appreciated defendant Vega’s assistance and that the CW knew thatdefendant Vega would not forget the CW when it came to the CW’sapprovals, to which defendant Vega responded that he would not“forget” that.
7. On or about April 27, 2009, at a dining facility in ahotel in Jersey City, defendant Vega met with JC Official 2 andthe CW. The parties discussed a development plan for the JournalSquare area in Jersey City. Defendant Vega indicated that he wassupportive of such a project but would not actively support ituntil after the election. Defendant Vega alluded to the factthat defendant Vega was a “green” guy, referring to “smartgrowth.” The CW remarked that defendant Vega’s definition of“green,” was different from the CW’s definition of “green.”Defendant Vega was informed by the CW that the CW would submit anapplication for a zone change for the Garfield Avenue propertyafter the election. Defendant Vega indicated that September wasa good month to place things on the agenda because matters were“more routine” at that time. Defendant Vega agreed with CW thatsuch items would cause less attention, then quickly added “notthat we” do not want “transparency.” With respect to placingmatters on agendas, such as the planning or zoning boards’agendas, defendant Vega ensured the CW that there would be nodelay, because he would advise the CW not to try to get somethingon the agenda, if defendant Vega foresaw delay. The CW informed defendant Vega that defendant Vega could count on the CW as afriend and that the CW would do “everything” through JC Official
2. Defendant Vega thereafter mentioned that he also ran acharity that defendant Vega used for non-political purposes.
8. As the meeting continued, the CW asked if the CW shouldmake contributions through JC Official 2, to which defendant Vegaresponded that the CW should do “whatever” the CW thought was“appropriate” and that defendant Vega just wanted it to be“legal.” Thereafter, the CW advised defendant Vega that the CWwould go through JC Official 2 by giving “green,” (meaning cash)to JC Official 2 who would, in turn, provide contribution checksto defendant Vega. The CW then stated to just make sure that inAugust and September when the CW sought approvals or a zoningchange, defendant Vega did not “forget” the CW’s name and number,to which defendant Vega responded, “I have a good memory.” As the conversation continued, the CW further informed defendantVega that the CW was going to give JC Official 2 “ten” (meaning$10,000), which caused defendant Vega to ask if the CW could do“something” for the charity. The CW replied that he would give$10,000 to JC Official 2 and let defendant Vega and JC Official 2work it out. Defendant Vega thanked the CW. After defendant Vega departed the meeting, JC Official 2 was advised by the CWthat the CW would obtain $10,000 for the benefit of defendantVega.
9. On or about May 6, 2009, at a dining facility in a
hotel in Jersey City, defendant Vega met with JC Official 2 andthe CW. At this breakfast meeting, before JC Official 2 arrived,defendant Vega was informed by the CW that the CW had brought$10,000 and would give it to JC Official 2, to which defendantVega responded “yes.” The CW further informed defendant Vegathat defendant Vega and JC Official 2 could determine how tohandle this money, but that the CW did not want the CW’s namereported “anywhere” with respect to this money. Defendant Vegafurther was informed by the CW that the CW was preparing theGarfield Avenue application, to which defendant Vega respondedthat he was meeting with a Jersey City official on Fridayregarding this matter and was going to give counsel a “full”briefing on it. Defendant Vega further indicated that he neededto see a “draft” from the CW to see whether this initiative was “possible.” After being informed by defendant Vega that themunicipal election was Tuesday, the CW further advised defendantVega that the CW would give $10,000 today and another $10,000after the election.

10. After JC Official 2 arrived, the CW indicated to JCOfficial 2 that the CW was going to give JC Official 2 $10,000 incash for the benefit of defendant Vega and that the money was inthe trunk of the CW’s car. JC Official 2 asked the CW if defendant Vega wanted “checks.” The CW responded that the CW didnot know and that JC Official 2 could ask defendant Vega. The CW further stated that the CW did not care how defendant Vega usedthe money and that as long as defendant Vega was “happy,” the CWwas “happy.” Later in the meeting, defendant Vega confirmed thatthe CW could give this money to JC Official 2 and that defendantVega and JC Official 2 then would work it out. Immediatelythereafter, the CW advised defendant Vega to “know” that the CWwas in defendant Vega’s “corner,” and that in September, withrespect to the CW’s zoning change, that defendant Vega ensurethat it was expedited and not lost at the “bottom of the pile.”Defendant Vega responded that he kept “focused.” Then, the CWtold defendant Vega that they would have breakfast again nextweek, and that the CW would give defendant Vega another $10,000for a “victory party” to which defendant Vega expressed his“thanks,” and stated that this would buy “a lot of pretzels.”The CW then asked defendant Vega to make sure that defendant Vegadid not put the CW’s name on anything, to which defendant Vegareplied “no, no” “we’re going to do it the correct way” and thatdefendant Vega wanted this to be “legit.” As the meeting wasconcluding, JC Official 2 asked defendant Vega what he wanted JCOfficial 2 to do with this money. Defendant Vega instructed JCOfficial 2 to have people write checks. Thereafter, whileoutside the hotel, JC Official 2 accepted an envelope containing$10,000 in cash from the CW and departed. Then, defendant Vegawas informed by the CW that the CW would see defendant Vega nextweek and “we’ll” do “the same” and that the CW would wait until September to seek approvals. Defendant Vega indicated that afterhis meeting on Friday with a Jersey City official, defendant Vega
would know where things were “at.”
11. On or about May 26, 2009, at a restaurant in JerseyCity, defendant Mariano Vega met with JC Official 2 and the CW.Before defendant Vega arrived, JC Official 2 informed the CW thathe had converted the $10,000 cash (referenced in the previousparagraph) to campaign contribution checks issued by at leastapproximately three individuals for the benefit of defendantMariano Vega. JC Official 2 informed the CW that defendant Vegawas “very, very” happy. JC Official 2 further informed the CW that defendant Vega also had obtained information from JCOfficial 2 regarding the identity of these contributors toinclude on election law reports. After defendant Vega arrived,defendant Vega was informed by the CW that the CW anticipatedthat the CW’s purported Garfield Avenue project would be comingup for a change in zoning. The parties then discussed theimportance of meeting another candidate for Jersey City councilto garner that person’s support for the CW’s project because, asdefendant Vega told the CW, every council person had a vote andthat was the way that the CW had to look at it. The CW informed defendant Vega that the CW would provide cash financial supportfor this council candidate through defendant Vega and that the CWdid not want the CW’s name put on anything. The CW further informed defendant Vega and JC Official 2 to just make sure thatthis candidate supported the CW.

12. As the May 26th meeting continued, the CW furtherinformed defendant Vega as to the purported status of theGarfield Avenue project and that the CW anticipated needing azoning change. The CW further informed defendant Vega that theCW had another $10,000 “green” (meaning cash) for defendant Vega.The CW thereafter asked defendant Vega not to forget the CW in“July,” “August” and “September,” and to make sure that the CWhad defendant Vega’s support and that defendant Vega wouldexpedite the CW’s matters. In response, defendant Vega told theCW that he was going to meet with a Jersey City official aboutthe Garfield Avenue parcel. The CW further said to defendant Vega to make sure that the CW was a “friend.” In response,defendant Vega recognized that the CW wanted to build in JerseyCity and indicated to the CW that Jersey City wanted to bebusiness friendly.

13. Near the end of the meeting, after the parties left thetable, the CW asked JC Official 2 if the CW should give the$10,000 in cash directly to defendant Vega, to which, JC Official2 replied to the CW to ask defendant Vega and that defendant Vegaprobably would get worried. Thereafter, outside of therestaurant, defendant Mariano Vega received from the CW anenvelope containing $10,000 in cash. Defendant Vega gave thisenvelope to JC Official 2, asking, “can I give this to you [JCOfficial 2]?” JC Official 2 then asked defendant Vega ifdefendant Vega wanted to get “checks.” Defendant Vega replied
that he would “prefer” that. Shortly thereafter, the CW tolddefendant Vega to just make sure that the CW had defendant Vega’svote on the Garfield Avenue project. In response, defendant Vegaasked the CW to let defendant Vega know the “fucking plan”regarding the project. The CW then stated that the CW wanted a “friend,” to which defendant Vega responded that the CW had a“friend.” The CW further indicated to defendant Vega that the CWwould provide “any thing” that the defendant needed. Defendant Vega then indicated it was important for the CW to help theJersey City Council candidate referred to in paragraph 11 andanother council candidate.
14. On or about June 2, 2009, JC Official 2 met the CW at arestaurant in Union City. JC Official 2 told the CW that he had spoken to defendant Vega. Later in the conversation, JC Official2 indicated to the CW that defendant Vega had a lot of influencein Jersey City. Referring to the $10,000 cash that JC Official 2had received from defendant Vega through the CW at the meeting onor about May 26th summarized above, JC Official 2 told the CWthat he had converted that cash into four $2,500 checks madepayable to “Friends of Mariano Vega,” a political fund. JC Official 2 told the CW that JC Official 2 had to travel to Astoria in Queens County, New York, to pick up one of thesechecks and that JC Official 2 was due to meet with defendant Vegathat afternoon. Thereafter, JC Official 2 accepted $5,000 incash from the CW for JC Official 2's assistance in this arrangement. JC Official 2 replied “[a]bsolutely,” after the CWasked JC Official 2 to introduce the CW to more people likedefendant Vega who could help the CW expedite and obtaingovernment approvals in connection with the CW’s purporteddevelopment projects. JC Official 2 further informed the CW that JC Official 2 was meeting defendant Vega at 3 p.m. that day at aspecific location in Jersey City to drop off the checks-–JCOfficial 2 agreed to this meeting place because JC Official 2 didnot want anyone to “find out” what they were doing.

15. On or about July 9, 2009, defendant Vega, JC Official 2and the CW met at a restaurant in Jersey City. During thismeeting, defendant Vega was congratulated by the CW forprevailing in the recent city council election. The CW also informed defendant Vega that the CW's plans for the GarfieldAvenue project would be complete the following week and that theCW expected to come in for a zone change in September "if that'sokay with you." Defendant Vega told the CW, "Yeah, let me seethe plans and I'll talk to [Jersey City Planning Official] andsee where he's at." The CW confirmed "[Jersey City PlanningOfficial] and all those guys." Defendant Vega and the CW thendiscussed the CW's plans for the property development, includingissues of density and recreation. Defendant Vega remarked thatit made sense to "have some amenities," including a dog run and abasketball or tennis court. Defendant Vega also stated that "thecity needs rateables." Defendant Vega and the CW then went on to
discuss costs associated with the project. Defendant Vega wastold by the CW: "[Y]ou're talking about spending a couple hundredmillion dollars, you know, everything, it costs me on the side,this and that, that's all small stuff, you know. I promised youbefore the election, the total of the 30 [referring to the$30,000 in total payments from the CW for defendant Vega’sbenefit to date], and I'll be there for you. Anything you needfrom me, I'll be your go-to man." Defendant Vega told the CW, “Iwant to do the right thing for the city . . . coming up withrateables, coming up with jobs. . . ." Defendant Vega wasassured by the CW that he would have a No Further Action Letter(“NFA”) ensuring the site's cleanliness within weeks. Later during the meeting, the conversation returned to the GarfieldAvenue project, and defendant Vega was informed by the CW thatthe CW was nervous in light of his upcoming bid for a zone changein September, and that the CW needed defendant Vega's "support."Defendant Vega told the CW that he needed to see the plans, towhich the CW responded, "I need to make sure I have a trustedfriend that will support me, it means a lot to me. This is a personal favor and assistance to me." Defendant Vega told theCW, "We're going to look at the project very carefully." The CW said, "I appreciate it." Defendant Vega then asked the CW, "Hasthe redevelopment agency designated you?" to which the CWreplied, "I don't think so, but we have applications ready to go.I'm not going to file anything until the NFA is in hand . . . .I come in front of you guys the beginning of September and, youknow, if I'm treated like every schmuck out there, I'm introuble." Defendant Vega, removing a pen and piece of paper fromhis pocket in order to take notes, asked the CW for the address,and the CW said "740 through 760 Garfield Avenue." Defendant Vega proceeded to record the information and told the CW, "I'mgoing to call [Jersey City Redevelopment Official] and find outwhere he's at." The CW asked defendant Vega, "Who's he . . .,he's the planner?" and defendant Vega clarified that the JerseyCity Redevelopment Official was a high-ranking official at thatagency. The CW said, "Anything you can do to support me." Later in the meeting, defendant Vega again told the CW that the JerseyCity Redevelopment Official was the individual defendant Vegaplanned to call on the CW's behalf. The CW asked defendant Vega,"So you're gonna let me know how you make out with him?" anddefendant Vega nodded yes and said that he had put the CW's phonenumber behind the CW's card. Defendant Vega then proceeded toprovide the CW with defendant Vega's business card and cell phonenumber.
16. At the conclusion of the meal, JC Official 2 steppedoutside of the restaurant, and defendant Vega told the CW thatdefendant Vega would come out to the CW's car and look at the mapof the Garfield Avenue property. As defendant Vega and the CWwere leaving the restaurant, defendant Vega was assured by theCW, "I promised you before the election, I told you I'd doanother ten [meaning $10,000]. You want me to do it the same way

I did last time through [JC Official 2] or give it to you?"Defendant Vega nodded yes and told the CW to provide him with the$10,000 through "[JC Official 2]." As defendant Vega and the CWwalked to the parking lot, the CW told defendant Vega, "Anythingyou need you can count on me, and defendant Vega replied, "Iappreciate it." Once out in the parking lot, defendant Vegaasked the CW, "So next week you'll get that to me [meaning thedevelopment plans]" and then followed the CW to the CW's car tolook at the Garfield Avenue map. The CW retrieved both the mapand an envelope containing the $10,000 cash that defendant Vegahad directed the CW to provide to JC Official 2, and defendantVega proceeded to review the map with the CW. Defendant Vegatold the CW that defendant Vega wanted to keep the map. Wavingthe envelope of cash in the direction of defendant Vega, the CWtold defendant Vega that "this is the $10,000 I promised beforethe election," and defendant Vega told the CW to "give it to [JCOfficial 2]." JC Official 2 then approached defendant Vega andthe CW and, as the CW handed JC Official 2 the envelope of cash,JC Official 2 was informed by the CW in the presence of defendantVega, "This is what I promised Mariano [Vega], the ten [meaning$10,000]." JC Official 2 said, "Okay." Regarding the transferof the $10,000 from JC Official 2 to defendant Vega, the CW said,"You'll work it out, just do it sooner than later." Defendant Vega shook the CW's hand and departed in his SUV. JC Official 2 then asked the CW, "So [defendant Vega] wants the checks [meaningas opposed to cash]?" The CW said, "You know the game [defendantVega] wants. I promised him, I told him, you told him what I wasgetting ready to say, he was ready for it."