11/23/2009

News / Political Consultant Charged with Impersonating Opposing Campaigns Chief of Staff in Negative Robocalls to More Than 12,000 Voters in 40th District Republican Primary in 2009

TRENTON – Attorney General Anne Milgram announced that a paid political consultant was charged today with the crime of impersonation in connection with deceptive “robocalls” made to more than 12,000 voters that attacked the two Republican incumbents in the June 2009 primary race for state Assembly in the 40th Legislative District.

According to Criminal Justice Director Deborah L. Gramiccioni, Kevin Collins, 39, of Brooklyn, N.Y., formerly of Wood-Ridge, N.J., was charged today by complaint-summons with impersonation, a fourth-degree crime, and violation of the Fair Campaign Practices Act, a disorderly persons offense. The charges stem from an investigation by the Division of Criminal Justice and the State Police.

It is alleged that Collins, who was a paid political consultant for Republican challengers Joe Caruso and Anthony Rottino, was responsible for automated phone calls or “robocalls” attacking the Republican incumbents, Assemblymen Scott Rumana and David Russo. The calls, which were made using a robocall service operated by an independent company, allegedly impersonated Assemblyman Rumana’s chief of staff, Ann O’Rourke. The calls featured the voice of a woman who identified herself as “Ann.”

It is alleged that Collins obtained the cellular telephone number of Ann O’Rourke and provided it to the robocall service company so that it would appear that the automated phone message originated from her and her cell phone. The robocall went to more that 12,000 residents of the 40th Legislative District on the day of the primary, June 2, 2009. The call made several inaccurate remarks about the incumbent assemblymen and encouraged recipients to vote against them. The call did not identify what campaign or political organization was responsible for it.

“This is a case of identity theft and misrepresentation,” said Attorney General Milgram. “The defendant used the victim's cell phone number and first name to make people believe she was responsible for the robocalls.”

“We are committed to thoroughly investigating any charges of fraud or abuse involving the election process in New Jersey,” said Director Gramiccioni. “Fair and open elections are the bedrock of our democratic system of government, and we will root out any conduct that undermines that system.”

The investigation was conducted by Deputy Attorney General Jeffrey J. Manis of the Division of Criminal Justice Corruption Bureau and the New Jersey State Police Official Corruption Bureau, North Unit.

Fourth-degree crimes carry a maximum sentence of 18 months in state prison and a $10,000 fine, while disorderly persons offenses carry a sentence of up to six months in jail and a $1,000 fine.

The complaints are merely accusations and the defendant is presumed innocent until proven guilty. Collins will be ordered to appear in court at a later date to answer the charges.

http://www.nj.gov/oag/newsreleases09/pr20091123c.html

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