Joe Ferriero
Encyclopedia
Joseph A. Ferriero is an American Democratic Party
political leader from New Jersey
and former chairman of the Bergen County
Democratic Organization. Ferriero, an attorney by profession, resides in Old Tappan
. In September 2008, Ferriero and an associate, Dennis Oury, were indicted by a federal grand jury
on seven counts of mail fraud and one count of conspiracy
to commit mail fraud. On October 22, 2009, he was found guilty on three of the eight counts against him. On July 29, 2010 Ferriero's conviction was vacated by U.S. District Judge Stanley R. Chesler , citing a recent ruling by the United States Supreme Court narrowing the scope of " honest services fraud". Judge Chesler added "what Mr. Ferriero had been charged with is not considered a crime".
, to Joseph and Lucille Ferriero. His father was a factory worker. In 1996, Lucille succumbed to Lou Gehrig's disease
.
Ferriero has three siblings: Rosemary, Carol (deceased) and Barbara.
From the time he was three years old, young Ferriero was the mascot of Hose Company #3, where his father served as a volunteer firefighter. At the age of 16, Ferriero himself joined the Dumont Fire Patrol, eventually joining the Dumont Volunteer Fire Department after he turned 18 and worked his way up to the rank of Captain.
Ferriero is the father of three teenaged children – Joseph age 17 (c. 1992) and twins Christopher and Sophia age 14 (c. 1995).
Ferriero is also an avid runner, running the 2008 New York City Marathon in 4 hours, 30 minutes. Ferriero's eldest son, Joseph, joined Ferriero for the final ten miles.
Ferriero's oldest son Joseph will attend James Madison University
in the fall of 2010, majoring in communications.
in the The Bronx
. Ferriero graduated with a B.A.
in Economics and Public Administration. Ferriero went on to attend Hofstra University School of Law
in Hempstead, New York
.
Ferriero graduated from Hofstra with a Juris Doctorate in 1982.
In 1977, Ferriero ran for Borough Councilman, and defeated two Democratic incumbents in the primary.
In March 1985 at age 28 Ferriero ran as a Democrat for the State Assembly in the 39th Legislative District in a special election against Elizabeth "Lisa" Randall
. Ferriero was defeated by Randall.
In November 1985, Ferriero again ran unsuccessfully for the State Assembly in the 39th District.
in 1982, and continued on with Galantucci & Patuto as an associate. He would later be appointed to the bars of the United States District Court for the District of New Jersey
(1982), the District of Columbia (1988), the State of New York (1994) and the United States Supreme Court (1988).
Ferriero left Wolf & Sampson in 2002 and joined the firm of Scarinci & Hollenbeck. Ferriero's portfolio included complex personal injury litigation, medical malpractice litigation, professional negligence, municipal administrative law, commercial litigation, land use/zoning law, and employment and environmental law.
Ferriero is a member of the New Jersey State Bar Association, American Trial Lawyers Association, and the American Bar Association
. He has also been appointed to serve as a mediator and arbitrator for the American Arbitration Association
.
Critics have noted that Ferriero's position as County Chairman gave him extensive power to select hundreds of employees in county government and to award no-bid contract
s, many of whom have been involved in pay to play
, receiving contracts in exchange for contributions.
Ferriero has had a long-running feud with State Senator
Loretta Weinberg
, who has stood steadfastly independent from Ferriero's organization. In 2007, Ferriero endorsed a ticket of Englewood
Mayor Michael Wildes
for Senate, and Cid Wilson and Ken Zisa
for Assembly, to face off in a primary challenge against incumbents Weinberg, and her Assembly running mates Valerie Huttle
and Gordon M. Johnson
. In the face of flagging poll figures for his slate, an April 2007 deal was brokered by Governor of New Jersey
Jon Corzine
, in which Ferriero pulled his three candidates off the ballot and agreed that he and the county party organization would support Weinberg and her running mates.
He also championed the Latin American Democratic Association (LADA) to encourage Hispanic participation in the Bergen County Democratic Party. LADA and Ferriero were influential in later electing Thomas Padia as freeholder and supporting him for Freeholder Director. Padia was the first Hispanic to serve as Freeholder Director in the county's history.
, one of several municipalities that had Oury on the payroll as municipal attorney; that they had used their political clout to steer $1.4 million in grants to that borough, then collected fees from their company; and that they had used the United States mail to execute this scheme to defraud Bergenfield of money, property, and Oury's honest services
. Ferriero pleaded not guilty. He was eventually convicted on two counts of mail fraud and one count of conspiracy under the honest services theory of fraud; he was not found guilty of defrauding Bergenfield of money or property.
ed with the prosecution prior to the trial; on September 29, 2009, he pleaded guilty to one count of conspiracy and a reduced charge of failing to file a tax return
. Oury was called as a witness by the prosecution on October 6 and completed his testimony on October 7.
The trial began on October 1, 2009. Prosecutors opened by explaining the allegations against Ferriero to the jury, also informing them that Oury had pleaded guilty two days beforehand. Joseph Hayden, an attorney defending Ferriero, argued in his opening statement that unlike Oury, Ferriero was a private citizen who had a right to have created a legitimate grant-writing company and solicited on behalf of that company. He also noted that Ferriero had paid taxes on his income from GGC where Oury had not in an attempt to further conceal his conflict of interest. The prosecution called numerous witnesses to the stand, including former Bergenfield Mayor Robert Rivas, former Bergenfield councilmen, other individuals involved in GGC, and Dennis Oury himself.
Ferriero testified in his own defense on October 14–15. While on the witness stand, Ferriero stated that he had been under "absolutely no obligation" to reveal his ownership of GGC, and that he had "had the absolute right to reach out on behalf of the company." Ferriero also testified that he had believed that Oury was going to recuse himself from Bergenfield government matters regarding GGC, and that he had not been aware that Oury was offering legal advice to or doing legal work for Bergenfield in matters involving GGC. In their cross-examination of Ferriero, prosecutors pressed Ferriero for using his influence to secure the passage of the relevant grants, and for not directly asking Oury whether he had recused himself. Ferriero admitted that he had used his influence to facilitate the grants' passage, but insisted that doing so was "not a bad thing." Ferriero also admitted that he had never asked Oury whether he had recused himself, asserting that he did not think to do so because it was "so basic in the law." In his closing statement, Hayden asserted that the only individual whose conduct was improper was Oury, and that Ferriero had lacked an intent to defraud; he also asserted that, regarding the honest services fraud
charge, the prosecution had failed to prove that Ferriero knew that his actions were resulting in Oury serving Bergenfield dishonestly.
As a result of a decision by the United States Supreme Court, Mr. Ferriero was cleared of all charges against him. The law was deemed to vague and it was misused by over zealous prosecutors. On July 29, 2010, U.S. District Court Judge Stanley R. Chesler vacated all charges against Mr. Ferriero. “The court’s ruling has now cleared Mr. Ferriero of all charges in the indictment returned against him two years ago".
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
political leader from New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
and former chairman of the Bergen County
Bergen County, New Jersey
Bergen County is the most populous county of the state of New Jersey, United States. As of the 2010 United States Census, its population was 905,116. The county is part of the New York City Metropolitan Area. Its county seat is Hackensack...
Democratic Organization. Ferriero, an attorney by profession, resides in Old Tappan
Old Tappan, New Jersey
As of the 2010 United States Census, there were 5,750 people. The population density was 1,725.7 people per square mile. The racial makeup of the borough was 74.8% Caucasian, 22.2% Asian, 0.7% African American, 0.1% Native American, 0.6% from other races, and 1.5% from two or more races. Hispanics...
. In September 2008, Ferriero and an associate, Dennis Oury, were indicted by a federal grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
on seven counts of mail fraud and one count of conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to commit mail fraud. On October 22, 2009, he was found guilty on three of the eight counts against him. On July 29, 2010 Ferriero's conviction was vacated by U.S. District Judge Stanley R. Chesler , citing a recent ruling by the United States Supreme Court narrowing the scope of " honest services fraud". Judge Chesler added "what Mr. Ferriero had been charged with is not considered a crime".
Personal life
Ferriero was born on June 25, 1957, in Holy Name Medical Center, Teaneck, New JerseyTeaneck, New Jersey
Teaneck is a township in Bergen County, New Jersey, and a suburb in the New York metropolitan area. As of the 2010 United States Census, the township population was 39,776, making it the second-most populous among the 70 municipalities in Bergen County....
, to Joseph and Lucille Ferriero. His father was a factory worker. In 1996, Lucille succumbed to Lou Gehrig's disease
Amyotrophic lateral sclerosis
Amyotrophic lateral sclerosis , also referred to as Lou Gehrig's disease, is a form of motor neuron disease caused by the degeneration of upper and lower neurons, located in the ventral horn of the spinal cord and the cortical neurons that provide their efferent input...
.
Ferriero has three siblings: Rosemary, Carol (deceased) and Barbara.
From the time he was three years old, young Ferriero was the mascot of Hose Company #3, where his father served as a volunteer firefighter. At the age of 16, Ferriero himself joined the Dumont Fire Patrol, eventually joining the Dumont Volunteer Fire Department after he turned 18 and worked his way up to the rank of Captain.
Ferriero is the father of three teenaged children – Joseph age 17 (c. 1992) and twins Christopher and Sophia age 14 (c. 1995).
Ferriero is also an avid runner, running the 2008 New York City Marathon in 4 hours, 30 minutes. Ferriero's eldest son, Joseph, joined Ferriero for the final ten miles.
Ferriero's oldest son Joseph will attend James Madison University
James Madison University
James Madison University is a public coeducational research university located in Harrisonburg, Virginia, U.S. Founded in 1908 as the State Normal and Industrial School for Women at Harrisonburg, the university has undergone four name changes before settling with James Madison University...
in the fall of 2010, majoring in communications.
Education
After high school, Ferriero attended Fordham UniversityFordham University
Fordham University is a private, nonprofit, coeducational research university in the United States, with three campuses in and around New York City. It was founded by the Roman Catholic Diocese of New York in 1841 as St...
in the The Bronx
The Bronx
The Bronx is the northernmost of the five boroughs of New York City. It is also known as Bronx County, the last of the 62 counties of New York State to be incorporated...
. Ferriero graduated with a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in Economics and Public Administration. Ferriero went on to attend Hofstra University School of Law
Hofstra University School of Law
The Maurice A. Deane School of Law at Hofstra University is located in Hempstead, New York. Founded in 1970 and accredited by the ABA in 1971, the school offers a JD, a joint JD/MBA degree, and LL.M degrees in American Law and Family law...
in Hempstead, New York
Hempstead (village), New York
Hempstead is a village located in the town of Hempstead, Nassau County, New York, United States. The population was 53,891 at the 2010 census.Hofstra University is located on the border between Hempstead and Uniondale.-Foundation:...
.
Ferriero graduated from Hofstra with a Juris Doctorate in 1982.
Campaigns for state office
While in college, Ferriero was elected a county committeeman, representing District 6 of Dumont. At 18 years-old, Ferriero was the youngest county committeeman in Dumont's history.In 1977, Ferriero ran for Borough Councilman, and defeated two Democratic incumbents in the primary.
In March 1985 at age 28 Ferriero ran as a Democrat for the State Assembly in the 39th Legislative District in a special election against Elizabeth "Lisa" Randall
Elizabeth Randall
Elizabeth Randall is an American Republican Party politician who serves as a Commissioner of the New Jersey Board of Public Utilities and served on the Bergen County Board of Chosen Freeholders from 2003 to 2007...
. Ferriero was defeated by Randall.
In November 1985, Ferriero again ran unsuccessfully for the State Assembly in the 39th District.
Career
Ferriero was admitted to the New Jersey BarBar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
in 1982, and continued on with Galantucci & Patuto as an associate. He would later be appointed to the bars of the United States District Court for the District of New Jersey
United States District Court for the District of New Jersey
The United States District Court for the District of New Jersey is the federal district court whose jurisdiction is the state of New Jersey....
(1982), the District of Columbia (1988), the State of New York (1994) and the United States Supreme Court (1988).
Ferriero left Wolf & Sampson in 2002 and joined the firm of Scarinci & Hollenbeck. Ferriero's portfolio included complex personal injury litigation, medical malpractice litigation, professional negligence, municipal administrative law, commercial litigation, land use/zoning law, and employment and environmental law.
Ferriero is a member of the New Jersey State Bar Association, American Trial Lawyers Association, and the American Bar Association
American Bar Association
The American Bar Association , founded August 21, 1878, is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. The ABA's most important stated activities are the setting of academic standards for law schools, and the formulation...
. He has also been appointed to serve as a mediator and arbitrator for the American Arbitration Association
American Arbitration Association
The American Arbitration Association is a private enterprise in the business of arbitration, and one of several arbitration organizations that administers arbitration proceedings. The AAA also administers mediation and other forms of alternative dispute resolution. It is headquartered in New York...
.
Bergen County Democratic Chairman
As Bergen County Democratic Chairman, Ferriero created the Bergen County African American Democratic Conference to encourage diversity in the party, and was instrumental in electing one of the first African-American legislators in Bergen County. He was also an early supporter of Vernon Walton, the county's first ever African-American freeholder.Critics have noted that Ferriero's position as County Chairman gave him extensive power to select hundreds of employees in county government and to award no-bid contract
No-bid contract
The term "no-bid contract" is a popular phrase for what is officially known as a "sole source contract". A sole source contract implies that there is only one person or company that can provide the contractual services needed, and any attempt to obtain bids would only result in one person or...
s, many of whom have been involved in pay to play
Pay to Play
Pay to play, sometimes pay for play, is a phrase used for a variety of situations in which money is exchanged for services or the privilege to engage in certain activities...
, receiving contracts in exchange for contributions.
Ferriero has had a long-running feud with State Senator
New Jersey Senate
The New Jersey Senate was established as the upper house of the New Jersey Legislature by the Constitution of 1844, replacing the Legislative Council. From 1844 until 1965 New Jersey's counties elected one Senator, each. Under the 1844 Constitution the term of office was three years. The 1947...
Loretta Weinberg
Loretta Weinberg
Loretta Weinberg is an American Democratic Party politician, who has served as a member of the New Jersey Senate since 2005, where she represents the 37th Legislative District...
, who has stood steadfastly independent from Ferriero's organization. In 2007, Ferriero endorsed a ticket of Englewood
Englewood, New Jersey
Englewood is a city located in Bergen County, New Jersey. As of the 2010 United States Census, the city had a total population of 27,147.Englewood was incorporated as a city by an Act of the New Jersey Legislature on March 17, 1899, from portions of Ridgefield Township and the remaining portions of...
Mayor Michael Wildes
Michael Wildes
Michael J. Wildes is an American immigration lawyer and senior partner of Wildes and Weinberg PC. He is a former Federal Prosecutor for the Eastern District of New York,, and a former Mayor of Englewood, New Jersey. He is recognized as an authority on Immigration Law, and has been referred to as...
for Senate, and Cid Wilson and Ken Zisa
Ken Zisa
Charles "Ken" Zisa is an American Democratic Party politician and lifelong resident of Hackensack, New Jersey, who served as a member of the New Jersey General Assembly from 1994 to 2002, where he represented the 37th Legislative District....
for Assembly, to face off in a primary challenge against incumbents Weinberg, and her Assembly running mates Valerie Huttle
Valerie Huttle
Valerie Vainieri Huttle is a Democrat who serves in the New Jersey General Assembly where she represents the 37th Legislative District, having taken office on January 10, 2006...
and Gordon M. Johnson
Gordon M. Johnson
Gordon M. Johnson is an American Democratic Party politician who has served in the New Jersey General Assembly since 2002, where he represents the 37th Legislative District....
. In the face of flagging poll figures for his slate, an April 2007 deal was brokered by Governor of New Jersey
Governor of New Jersey
The Office of the Governor of New Jersey is the executive branch for the U.S. state of New Jersey. The office of Governor is an elected position, for which elected officials serve four year terms. While individual politicians may serve as many terms as they can be elected to, Governors cannot be...
Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...
, in which Ferriero pulled his three candidates off the ballot and agreed that he and the county party organization would support Weinberg and her running mates.
He also championed the Latin American Democratic Association (LADA) to encourage Hispanic participation in the Bergen County Democratic Party. LADA and Ferriero were influential in later electing Thomas Padia as freeholder and supporting him for Freeholder Director. Padia was the first Hispanic to serve as Freeholder Director in the county's history.
Corruption trial and conviction
In September 2008, Ferriero and Dennis J. Oury were indicted by a federal grand jury on charges of mail fraud and conspiracy to commit mail fraud. The indictment alleged that Ferriero and Oury had concealed ownership of a grant-writing business that did business with BergenfieldBergenfield, New Jersey
Bergenfield is a borough in Bergen County, New Jersey, United States. As of the 2010 United States Census, the borough population was 26,764.Bergenfield was formed on the basis of a referendum held on June 25, 1894, from portions of Englewood Township and Palisades Township at the height of the...
, one of several municipalities that had Oury on the payroll as municipal attorney; that they had used their political clout to steer $1.4 million in grants to that borough, then collected fees from their company; and that they had used the United States mail to execute this scheme to defraud Bergenfield of money, property, and Oury's honest services
Honest services fraud
Honest services fraud refers to a 28-word sentence of , added by the United States Congress in 1988, which states: "For the purposes of this chapter, the term, scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."The statute...
. Ferriero pleaded not guilty. He was eventually convicted on two counts of mail fraud and one count of conspiracy under the honest services theory of fraud; he was not found guilty of defrauding Bergenfield of money or property.
Crimes
Ferriero's indictment was dismissed in July 2010 by U.S. District Court Judge Stanley Chestler.Trial
Dennis Oury, Ferriero's co-defendant, plea bargainPlea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
ed with the prosecution prior to the trial; on September 29, 2009, he pleaded guilty to one count of conspiracy and a reduced charge of failing to file a tax return
Tax evasion
Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
. Oury was called as a witness by the prosecution on October 6 and completed his testimony on October 7.
The trial began on October 1, 2009. Prosecutors opened by explaining the allegations against Ferriero to the jury, also informing them that Oury had pleaded guilty two days beforehand. Joseph Hayden, an attorney defending Ferriero, argued in his opening statement that unlike Oury, Ferriero was a private citizen who had a right to have created a legitimate grant-writing company and solicited on behalf of that company. He also noted that Ferriero had paid taxes on his income from GGC where Oury had not in an attempt to further conceal his conflict of interest. The prosecution called numerous witnesses to the stand, including former Bergenfield Mayor Robert Rivas, former Bergenfield councilmen, other individuals involved in GGC, and Dennis Oury himself.
Ferriero testified in his own defense on October 14–15. While on the witness stand, Ferriero stated that he had been under "absolutely no obligation" to reveal his ownership of GGC, and that he had "had the absolute right to reach out on behalf of the company." Ferriero also testified that he had believed that Oury was going to recuse himself from Bergenfield government matters regarding GGC, and that he had not been aware that Oury was offering legal advice to or doing legal work for Bergenfield in matters involving GGC. In their cross-examination of Ferriero, prosecutors pressed Ferriero for using his influence to secure the passage of the relevant grants, and for not directly asking Oury whether he had recused himself. Ferriero admitted that he had used his influence to facilitate the grants' passage, but insisted that doing so was "not a bad thing." Ferriero also admitted that he had never asked Oury whether he had recused himself, asserting that he did not think to do so because it was "so basic in the law." In his closing statement, Hayden asserted that the only individual whose conduct was improper was Oury, and that Ferriero had lacked an intent to defraud; he also asserted that, regarding the honest services fraud
Honest services fraud
Honest services fraud refers to a 28-word sentence of , added by the United States Congress in 1988, which states: "For the purposes of this chapter, the term, scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."The statute...
charge, the prosecution had failed to prove that Ferriero knew that his actions were resulting in Oury serving Bergenfield dishonestly.
Conviction
On October 22, 2009, Ferriero was found guilty on one count of conspiracy to defraud and two counts of mail fraud. He was acquitted on five other counts of mail fraud.As a result of a decision by the United States Supreme Court, Mr. Ferriero was cleared of all charges against him. The law was deemed to vague and it was misused by over zealous prosecutors. On July 29, 2010, U.S. District Court Judge Stanley R. Chesler vacated all charges against Mr. Ferriero. “The court’s ruling has now cleared Mr. Ferriero of all charges in the indictment returned against him two years ago".