Part of the indictment related to Joseph Ferriero involves the DeCotiis Law Firm that is involved with the Red Bank Affordable Housing Corporation where former Red Bank Mayor Ed McKenna serves as the Corporations Vice President. This is from NorthJersey.com And, in a statement, Kerrie Campbell, a lawyer representing the DeCotiis firm, said: “The DeCotiis, FitzPatrick & Cole firm assisted the government’s investigation at the request of the U.S. Attorney’s Office. Because the matter is pending in the federal court, we will not be providing further comment at this time.” The indictment puts the three men and Ferriero together at a restaurant in 2002 for a meeting called ostensibly to “settle certain differences” among them. Instead, Ferriero and Scarinci and Hollenbeck — identified in the indictment as Attorneys 1 and 2 — made a pitch to DeCotiis that would ultimately earn their consulting firm about $1.7 million. According to the indictment, the three informed DeCotiis that they had been asked to represent a competitor who intended to use “scorched earth” tactics to defeat Mills’ bid to be named the Meadowlands project developer. For $35,000 a month, though, they said they’d work for his client instead. DeCotiis then agreed to discuss the proposal with his client, who, fearing it could lose out on a substantial investment, agreed to make the payments, the indictment indicates. According to the indictment, DeCotiis recommended to his client that it pay, both to keep Ferriero and those under his sway from opposing Mills’ bid and to secure Ferriero’s help in winning public and official support. The indictment also indicates the DeCotiis law firm, referred to as the “Teaneck law firm,” then made the payments to the consulting company and billed the expenditure to Mills. From 2002 to 2006, the indictment states, about $1.7 million in “consulting service” payments from the Virginia developer were sent to Concept Realization LLC, the company that state records show was created by Ferriero, Scarinci and Hollenbeck. At one point, according to the indictment, Ferriero sent a batch of predated invoices to the DeCotiis law firm. When those invoices ran out in March 2004, DeCotiis had a member of his firm get additional invoices from Ferriero, the indictment indicates. The monthly payments continued until September 2006.
The Red Bank Affordable Housing Corporation also has William Katchen from Bergen County involved in its operations. William Katchen’s path has crossed many times with people who have questionable or criminal activities. The following is an article from northjersey.com showing the connections between Katchen and Ferriero/Oury owners of Government Grants Consulting LLC. Affordable housing funds shifted
Monday, October 6, 2008
Last updated: Monday October 6, 2008, EDT 6:43 AM
BY MICHAEL GARTLAND
STAFF WRITER
Paramus Mayor James Tedesco authorized the transfer of nearly $4 million in affordable housing funds without obtaining the Borough Council’s approval, an apparent violation of affordable housing rules, public records show.
Council approval for borough expenditures is required under state guidelines, said Chris Donnelly, a spokesman for the New Jersey Department of Community Affairs.
Tedesco, a Democrat who became mayor in 2003, ordered the largest transfer — $3.6 million — from the affordable housing fund to the Paramus Affordable Housing Corp. in January 2004, according to municipal records. The rest of the money was allocated in three smaller transfers over several years.
Tedesco, who also is president of the non-profit PAHC, offered only a written statement conveyed through Keith Furlong, the borough’s spokesman.
“If the borough did not adopt any specific resolutions, this was an oversight,” Tedesco said.
His Republican predecessor, Cliff Gennarelli, ordered a similar transfer, but for a much smaller sum, $100,000. Gennarelli did not respond to requests for comment.
The U.S. Attorney’s Office has served at least two subpoenas related to the borough’s affordable housing program. The non-profit received one in August and the borough received one in July.
It is unclear what specifically drew federal attention.
Much of the overall $4 million transferred to PAHC eventually went to contractors, whose role in building affordable housing in Paramus is unclear.
The money eventually made its way to Paramus Affordable Development LP, a for-profit company that disbursed borough, county and state funds to contractors for a 46-unit project completed in 2005.
A significant portion of the project’s funding — $3.6 million — came from the borough itself. Bergen County paid $900,000, and the state provided about $4.4 million.
The state guidelines also bar a mayor from formal involvement in releasing affordable housing funds, Donnelly said.
“The town council authorizes expenditures,” he said. “The CFO would ultimately execute them.”
The borough did not provide any council resolutions authorizing the transfers, despite several public records requests by The Record. Instead, it provided four resolutions that did not specifically authorize the transfers.
$3.6M mystery
Council members who served in 2004 also did not recall voting to release the $3.6 million. Former council members Sandra Gunderson, Joe D’Ambrozio and Connie Wagner, who is now an assemblywoman, said they did not remember allowing that sum for affordable housing.
“When it came to affordable housing, I saw virtually nothing,” Gunderson said.
The current council president, Frank Ciambrone, also served on the council at the time. He did not respond to several calls for comment.
In a letter to Paramus Chief Financial Officer Joseph Citro on Jan. 6, 2004, Tedesco requested that $3.6 million be moved from the borough to the PAHC account “as per the agreement approved by Dennis J. Oury LLC.”
Oury was Paramus’ borough attorney in 2004. State records also list him as the registered agent for PAHC.
State records held by the Department of Community Affairs show that $3.6 million was transferred, but federal tax records show no record of $3.6 million coming into or going out of PAHC in 2004.
Tax law experts could not reconcile the contradiction. Victoria Bjorklund, former chairwoman of the IRS Advisory Committee on Tax Exemption, said that if the non-profit received $3.6 million — as state records indicate — then, by law, the money would have to appear on the tax form.
“All the contributions should be shown,” she said. “It should show up at least on the balance sheet as funds that came in. If it came in and went out the same day, it should still show up.”
Oury involvement
Oury resigned as counsel for the Bergen County Democratic Organization last month after he and BCDO Chairman Joseph Ferriero were indicted by a federal grand jury on eight counts of fraud conspiracy not related to Paramus.
The indictment accuses them of using political influence to gain contracts for a consulting firm in which both had financial stakes. Oury’s attorney, Gerald Krovatin, did not return calls for comment.
The accountant who handled PAHC’s 2004 tax return, as well as the returns in 2003 and 2006, was William Katchen, according to the tax records. He, too, did not respond to several requests for comment.
46-unit project
The U.S. Department of Housing and Urban Development slapped Katchen with a one-year suspension from federal housing work in 1990 after the Passaic Housing Authority misspent $1.7 million in taxpayer money. He was the authority’s accountant.
After money was released to PAHC, state records show it went into an escrow account held by the New Jersey Housing and Mortgage Finance Agency.
The mortgage agency then released the money to Paramus Affordable Development LP, the for-profit company that disbursed funding for the 46-unit project.
Eugene Walsh is president of Paramus Affordable Development LP, a company that shares an address with four of those contractors:
* Penwal Affordable Housing Corp. (non-profit): Walsh and Laury Pensa, directors.
* Canyon Capital Corp. (for profit): Pensa, president, incorporator, agent.
* Summit Capital Corp. (for profit): Pensa, president, incorporator, agent.
* Steamboat Corp. (for profit): Walsh, president; Pensa, agent and incorporator.
Steamboat received a $976,500 development fee from Paramus Affordable Development for a project with an $8.1 million budget, according to records provided by the state. Canyon received at least $44,000, and Summit took in at least $5,000.
Development fee
In a financial disclosure form filed with the state’s Housing Mortgage and Finance Agency, Walsh wrote that Penwal — which, according to its tax form, has “implemented and developed low-income housing projects in Dumont, Garfield, Jersey City and Paramus” — would get the development fee. He did not mention his interest in Steamboat on the form.
Other records obtained from the state mortgage agency show that the development fee went to Steamboat.
A financial disclosure form submitted to the state for Steamboat does not list Walsh or Pensa’s interest in Penwal or Paramus Affordable Development LP. Pensa’s signature appears on that financial disclosure statement.
In addition, a public records request submitted to HMFA by The Record showed that disclosure statements for Penwal and Canyon Capital were not filed with the agency.
Walsh and Pensa did not return calls about the payments.
Bergen County’s United Way President Tom Toronto, who has experience with state-funded affordable housing projects, said development fees are a common cost of such projects. He also said any changes regarding development fees would have to be approved and recorded by HMFA.
“HMFA has to bless it each step of the way,” he said. “Otherwise, the money wouldn’t flow.”
E-mail: gartland@northjersey.com
Find this article at:
http://www.northjersey.com/news/bergenpolitics/Affordable_housing_funds_shifted.html
The Decotiis Law Firm Press Release related to Red Bank Affordable Housing Corporation is below. Wonder who the consultants were who secured the Government financing for the project?
DeCotiis’ helps create Red Bank Affordable Housing Corporation
Thirty-six units of affordable housing already in development
DeCotiis, FitzPatrick & Cole, LLP, in its role as Counsel to the Red Bank Affordable Housing Corp., recently helped lead the successful development of Cedar Crossing at Red Bank, a 36-unit, for sale, affordable housing project in the Borough of Red Bank, New Jersey.
This project is being constructed on a site that was acquired by the Borough using Municipal Land Acquisition Funds obtained from the New Jersey Department of Community Affairs. As part of this project, DeCotiis worked with other project consultants to secure necessary state, county and local funding and approvals. DeCotiis attorneys also worked to organize and incorporate the Red Bank Affordable Housing Corp., the nonprofit developer created exclusively for the charitable purpose of promoting, developing, constructing, operating and selling affordable housing in the Borough.
“We are proud to have played a role in the development of this very important project,” said Frank Borin, a Partner at DeCotiis and a member of the firm’s Executive Committee. “I hope we can replicate this project elsewhere in order to bring new affordable housing options to the State’s residents. The leadership of the Borough and of the Red Bank Affordable Housing Corp. should be commended for their commitment to this project and their tireless efforts to see the project through.”
The project consists entirely of two and three bedroom units to be constructed in two phases. All of the units will be owner-occupied by affordable households, as defined by the Fair Housing Act and the COAH regulations. The first phase of the project should be ready for occupancy in the Spring of 2011, with the second phase being completed shortly thereafter.
Please join DeCotiis, FitzPatrick & Cole in congratulating Frank Borin, Maurice Stone and Amy Shotmeyer for their exemplary work with the Red Bank Affordable Housing Corporation.