NJ Sen. Bob Menendez Will Face Corruption Trial Again: Reports

U.S. Bob Menendez, D-NJ, will face a new trial on bribery and corruption charges – just two months after a mistrial was ruled on the same charges, according to reports published on Friday.

Politico and NJ.com reported that the U.S. Department of Justice filed a one-paragraph notice of intent in federal court to retry the case:

“The United States files this notice of intent to retry the defendants and requests that the court set the case for retrial at the earliest possible date,” according to the notice, signed by Annalou Tirol, acting chief of the public integrity section.

“Defendants Robert Menendez and Salomon Melgen have been indicted for bribery and corruption by two separate grand juries properly empaneled in the District of New Jersey. The first trial ended in a mistrial with a deadlocked jury. An early retrial date is in the best interests of the public, and the United States is available to schedule a retrial at the Court’s earliest convenience.”

Federal prosecutors have said Menendez conspired with Melgen, a Florida ophthalmologist, in an alleged bribery and corruption scandal that involved gifts and campaign contributions (see charges below).

Efforts to reach Menendez were not immediately successful.

Menendez, a veteran Democrat lawmaker from New Jersey once dubbed the "Boss of Hudson County," faces corruption charges for allegedly offering a friend political favors in exchange for lavish gifts and campaign contributions.

A "contamination" controversy started during the first trial when U.S. District Judge William Walls dismissed a Hillside woman and juror on the case so that she could take a previously arranged vacation to the Bahamas, a condition agreed to at the onset of the trial.

After her dismissal, the woman opined that "they're trying to throw a good man under the bus," and said that the other jurors are divided about whether Menendez was guilty. She said that the jury was fiercely divided about Menendez's possible culpability, and said that some jurors told her that her vote "didn't count" because she was likely going on vacation.

On Friday, the National Republican Senate Committee celebrated the news about the retrial, noting that the decision comes just as Menendez is facing re-election in 2018.

"Menendez’s new bribery trial is likely to take place as the accused criminal seeks reelection in 2018, throwing a monkey wrench into Democrats’ chances of holding onto his seat," Bob Salera, NRSC deputy communications director, said. "Will Menendez, whose approval stands at 29 percent after his first trial, really run for re-election in the middle of a trial which will once again detail the lavish bribes he accepted in exchange for doing favors for a wealthy convicted felon? Or will he finally do the right thing and resign to save New Jerseyans further embarrassment?"

In November, Menendez reportedly emerged from the judge's chambers and wrapped his children in a big hug after learning that his case had ended in a mistrial. Supporters of the defendant were hugging and tearing up.

During a press conference, a tearful Menendez thanked his family and said his defense team "tore apart" the federal government's case against him, He said the jury used their "Jersey common sense to reject it."

"The way this case was started was wrong. The way this was case was investigated was wrong. The way this case was prosecuted was wrong. The way this case was tried was wrong," he said.

"I've made my share of mistakes," he added. "But my mistakes were never a crime."

Menendez also issued a warning to those who believed the trial would bring an end to his political career.

"To those of you who were digging my political grave, I know who you are and I will never forget it," he said.

"Today is resurrection day."

Kirk Ogrosky, an attorney for Melgen, said each juror was asked if they were deadlocked "and they answered in the affirmative." He also said he didn't expected a new trial.

The mistrial was declared after a deadlocked jury failed to reach a unanimous verdict after eight days of deliberations. The judge in the case had urged the jury to keep trying to reach a verdict, but the decision never materialized.

THE CHARGES

Menendez's trial represented a rare event in recent U.S. history: a sitting senator facing felony charges.

Menendez, identified as a Paramus resident in a Department of Justice statement, was indicted in April 2015 on charges of conspiracy, violating the travel act, bribery, honest services fraud and making false statements.

According to prosecutors, Menendez allegedly conspired with Salomon Melgen, a Florida ophthalmologist, to use the power of his senate office to influence the outcome of ongoing contractual and Medicare billing disputes worth tens of millions of dollars to Melgen. In addition, Menendez allegedly supported the visa applications of several of Melgen's girlfriends.

In exchange, Menendez received almost $1 million worth of lavish gifts and campaign contributions, prosecutors stated.

The list of alleged gifts includes flights on Melgen's private jet, numerous vacations at Melgen's Caribbean villa in the Dominican Republic and a hotel room in Paris, $40,000 in contributions to his legal defense fund and more than $750,000 in campaign contributions.

Menendez never disclosed any of the reportable gifts that he received from Melgen on his legally required financial disclosure forms, prosecutors stated.

In April, a federal jury in South Florida convicted Melgen of 67 criminal counts of fraud in a separate case that also involved Medicare.

Following his indictment in 2015, Menendez proclaimed that he was "angry, ready to fight and not going anywhere."

Menendez's legal team has asserted that Melgen's generosity was simply his way of sharing his wealth with a close friend.

"The Justice Department doesn't know the difference between corruption and friendship," Menendez said. "I will be vindicated."

Patch photo