Shameless corruption from both sides of the law on display in New Jersey

03/22/2014

Ex-Ridgewood inspector gets probation after stealing nearly half-million in quarters 

MITSU YASUKAWA\STAFF PHOTOGRAPHER

Thomas Rica in court Wednesday.

Veteran defense attorneys could only describe it as a sweetheart-like deal ­— a former town official being convicted of stealing nearly half a million dollars and walking away with a slap on the wrist instead of going to prison.

“It’s startling to see that type of plea bargain,” said Frank Lucianna, of the deal given to Thomas Rica. “I’ve never seen anything like that.”

Related: Ex-Ridgewood inspector admits to stealing $460,000 in quarters from village [video]

The deal, which was orchestrated by the Bergen County Prosecutor’s Office and Rica’s attorney, Robert Galantucci, calls for the former Ridgewood public works inspector to receive five years’ probation when he’s is sentenced June 6. Rica also will have to repay  the $460,000 in parking meter quarters he stole over a two-year period.

The sentence also caught village officials off-guard.

In a statement, Mayor Paul Aronsohn said that “the Prosecutor’s Office was clear with us that this was their investigation and their decision, and that we had no say in the matter.”

Aronsohn added: “We were surprised and disappointed that he wasn’t going to get jail time, but I appreciate the prosecutor’s determination to recoup all of the money stolen from Ridgewood taxpayers.”

Rica has to pay at least $2,000 a month over the next five years to Ridgewood, with a lump sum of $69,000 due at sentencing. Rica’s pension with Ridgewood will also count towards his overall debt, as will his unpaid personal time from the village.

Still, it’s the kind of plea deal any defense attorney would be thrilled to get for their client, Luciana said, especially since mandatory sentencing guidelines instituted by the state’s Supreme Court in 1979 imposed five- to 10-year prison terms for theft of anything worth over $75,000.

“What that man did was commit second-degree theft and under no circumstances can a judge impose probation in those cases,” Lucianna said.

Lucianna said he is representing a 57-year-old woman who has admitted embezzling $500,000 from her former employers. Lucianna plans on mentioning Rica’s plea bargain to the sentencing judge.

“On Monday, I am going to raise hell if they don’t give my client a break like that,” Lucianna said. “The law is very clear — there is no way a judge can suspend a sentence like this. This just never happens.”

Rica stole the money by using a master key he was entrusted with to enter a room where the village stored collected parking meter quarters.

It is unlikely the sentencing judge will deviate from the terms of the once-in-a-lifetime deal come June 6, said Ridgewood Village Attorney Matt Rogers.

The sentencing judge could reject the plea, and give the defendant the opportunity to withdraw his guilty plea and proceed to trial. But, Rogers said, “it’s unlikely the sentencing judge would do that in this case,” adding “it’s a very rare occurrence that such action is taken.”

Rica’s plea deal this week also shocked criminal defense attorney Scott Gorman, who commended Galantucci’s handling of the case.

“At first blush, when you throw out the numbers, it sounds outrageous that he wouldn’t get jail time,” Gorman admitted. “But society also has an interest in having that money repaid, and ultimately, it will save taxpayers in the long run not having this man in prison.”

Gorman said Rica “is not getting off scot-free” for his coin purloining.

“The public is also getting an assurance that this guy will be monitored and if he steps out of line in the next five years, and makes even one misstep, he could pay handsomely for that mistake,” Gorman noted.

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