Union County Man Charged With Fraudulently Taking Superstorm Sandy Funds: AG

ELIZABETH, NJ — A Union County man is among five more people to be charged criminally Thursday with filing fraudulent applications for federal relief funds related to Superstorm Sandy, Attorney General Christopher S. Porrino announced.

James Fomuke, 58, of Elizabeth was among those arrested. He allegedly filed fraudulent applications following Superstorm Sandy for FEMA assistance and a state grant under the Homeowner Resettlement Program (RSP).

As a result, he received $41,900 in relief funds. Fomuke allegedly falsely claimed in his applications that a home he owns on South Burgee Drive in Little Egg Harbor, which was damaged by Superstorm Sandy, was his primary residence when Sandy struck.

In fact, it is alleged that the property in Little Egg Harbor was a secondary home that was either not used at all or used rarely in the two years leading up to the storm and the years since. Fomuke was allegedly residing at a business property in Elizabeth at the time of the storm.

As a result of the alleged false applications, Fomuke received the maximum amount of $31,900 in FEMA grants, including $29,080 for home repairs and $2,820 in rental assistance. He also received a $10,000 RSP grant.

Fomuke is charged with third-degree theft by deception and fourth-degree unsworn falsification.

Others charged included:

• Eric A. Seaberg, 51, of Ocean Township, N.J., allegedly filed false applications following Superstorm Sandy for FEMA assistance and state grants under the Homeowner Resettlement Program (RSP) and the Reconstruction, Rehabilitation, Elevation and Mitigation (RREM) Program. As a result, he allegedly received approximately $165,510 in relief funds to which he was not entitled. Seaberg allegedly falsely claimed in his applications that a home he owns on Randall Avenue in Point Pleasant Beach, N.J., which was damaged by Superstorm Sandy was his primary residence when Sandy struck. It is alleged that, in fact, his primary residence at the time of the storm was in Ocean Township, and the Point Pleasant Beach home was a rental property. As a result of the alleged fraudulent applications, Seaberg received $20,039 from FEMA, a $10,000 RSP grant, and RREM grant funds totaling approximately $135,471. He is charged with second-degree theft by deception and fourth-degree unsworn falsification.
• Armand Arduino, 69, of Key Largo, Fla., allegedly filed false applications following Superstorm Sandy for FEMA assistance and a state grant under the Homeowner Resettlement Program (RSP). As a result, he received approximately $37,372 in relief funds. Arduino allegedly falsely claimed in his applications that he owned a home on Ventnor Avenue in Ventnor City, N.J., which was damaged by Superstorm Sandy. In fact, it is alleged that Arduino’s brother owned the property in Ventnor at the time of the storm. As a result of the alleged fraudulent applications, Arduino received approximately $27,372 in FEMA grants for home repairs, personal property and rental assistance. He also received a $10,000 RSP grant. Arduino is charged with third-degree theft by deception and fourth-degree unsworn falsification.

• Dominic M. Moccia, 66, of Mahopac, N.Y., allegedly filed fraudulent applications following Superstorm Sandy for FEMA assistance and a state grant under the Homeowner Resettlement Program (RSP). As a result, he allegedly received approximately $33,839 in relief funds to which he was not entitled. Moccia allegedly falsely claimed in his applications that a home he owns on Webster Avenue in Seaside Heights, N.J., which was damaged by Superstorm Sandy was his primary residence when Sandy struck. It is alleged that, in fact, his primary residence at the time of the storm was in Mahopac, N.Y., and the home in Seaside Heights was a secondary/vacation home. As a result of the alleged fraudulent applications, Moccia received $23,839 from FEMA for home repairs and rental assistance, and a $10,000 RSP grant. Moccia is charged with third-degree theft by deception and fourth-degree unsworn falsification.

• Ryan K. Spill, 28, of Belmar, N.J., allegedly filed fraudulent applications following Superstorm Sandy for FEMA assistance and a state grant under the Homeowner Resettlement Program (RSP). As a result, he received $12,270 in relief funds. Spill allegedly falsely claimed in his applications that a home he owns on South Boston Drive in Little Egg Harbor Township, N.J., which was damaged by Superstorm Sandy, was his primary residence when Sandy struck. In fact, it is alleged that his primary residence at the time of the storm was in Freehold, and the property in Little Egg Harbor was a rental property. As a result of the alleged fraudulent applications, Spill received $2,270 in FEMA rental assistance and a $10,000 RSP grant. He is charged with third-degree theft by deception and fourth-degree unsworn falsification.

Since March 2014, the Attorney General’s Office has filed criminal charges against 86 people for allegedly engaging in this type of fraud, including the five individuals charged today.

“We charge that these defendants stole from disaster relief programs and by extension from the victims who were hardest hit by the storm,” said Attorney General Porrino. “We’ll continue to charge every cheat we identify who diverted funds from these recovery programs and from victims in need.”

The defendants are alleged, in most cases, to have filed fraudulent applications for relief funds offered by the Federal Emergency Management Agency (FEMA). In many cases, they also applied for funds from a Sandy relief program funded by HUD, low-interest disaster loans from the SBA, or funds from HHS. The HUD funds are administered in New Jersey by the New Jersey Department of Community Affairs and the HHS funds are administered by the New Jersey Department of Human Services.

Second-degree charges carry a sentence of five to 10 years in state prison and a fine of up to$150,000. Third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000, while fourth-degree charges carry a sentence of up to 18 months in prison and a fine of $10,000. The charges are merely accusations and the defendants are presumed innocent until proven guilty.

(Image via Attorney General: James Fomuke, 58, of Elizabeth)

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