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In a major development Wednesday, Superior Court Judge Peter Warshaw dismissed a 13-count indictment that had charged South Jersey powerbroker George Norcross III and several co-defendants with participating in a criminal enterprise.

Those co-defendants included:

• Philip Norcross – brother of George; attorney, managing shareholder and CEO of Parker McCay; member, Cooper University Health Care board
• William Tambussi – attorney and partner at Brown and Connery law firm; longtime personal attorney of George Norcross
• Dana Redd – former Camden mayor; current CEO of Camden Community Partnership
• Sidney Brown – CEO of trucking and logistics company NFI
• John O’Donnell – CEO of real estate company The Michaels Organization

As NJBIZ has reported, the defendants filed a motion to dismiss the case – with a recent hearing on the matter.

New Jersey Attorney General Matthew Platkin had alleged that the “Norcross Enterprise” used fear, intimidation, and other tactics to control and steer Camden Waterfront redevelopment projects pertaining to a tax incentive program they helped create. In a lengthy order, Warshaw explained the thought process behind the dismissal.

He cited four reasons for the move:

1. The indictment’s factual allegations do not constitute extortion or criminal coercion as a matter of law;
2. There is no racketeering enterprise;
3. Dana Redd did not commit any act of official misconduct; and
4. All charges are facially time-barred.

Appeal in the works

“The court grants the motion made by all defendants to dismiss the Indictment. At oral argument, one defense counsel arguing on behalf of all defendants stated ‘Now, it’s true, most defendants do not bring this type of motion,’” Warshaw wrote. “As I said, most cases don’t raise this type of issue. The issue of the facial validity of an Indictment presents infrequently. There is rarely ‘a fight about where the line is between legal and illegal conduct’ and usually ‘we have a fight about what happened.’ The arguments made by the defense are properly raised and procedurally appropriate in this case and the court is convinced of the correctness of the defense position.”

In a statement to NJBIZ, Platkin expressed his disappointment with the judge’s decision.

“We disagree strongly with the trial court’s decision, and we are appealing immediately. After years in which the U.S. Supreme Court has consistently cut back on federal public corruption law, and at a time in which the federal government is refusing to tackle corruption, it has never been more important for state officials to take corruption head on,” said Platkin. “But I have never promised that these cases would be easy, because too many have come to view corruption as simply the way the powerful do business in New Jersey.

We disagree strongly with the trial court’s decision, and we are appealing immediately.
– New Jersey Attorney General Matthew Platkin

“That corruption has consequences: it breeds a loss of trust in government and in our public servants, at a time when we must work to protect and restore faith in our institutions,” he continued.

‘Defiant in defeat’

Platkin said that today is a reminder of how much work remains.

“And how difficult it will be to clean up government in our state. But along with the career law enforcement officers and prosecutors who have worked on this case for years, I won’t back down from that fight,” he said.

Norcross’s representatives did not immediately have a comment about the decision.

Kevin Marino, an attorney representing Philip Norcross, told NJBIZ in a statement that his team was pleased – but not surprised by Judge Warshaw’s “thoughtful, 96-page opinion throwing out every single charge against every defendant.

“The simple truth is that the 111-page Indictment Attorney General Platkin announced with such fanfare last June does not come close to stating a crime against anyone,” said Marino, who is with Marino, Tortorella & Boyle. “Rather than face that reality and apologize to the innocent victims of his abusive prosecution—who include not only the six individuals named in the Indictment but all of their families, friends, clients, and business associates who suffered along with them—the Attorney General is defiant in defeat. So be it. We relish the opportunity to defend Judge Warshaw’s well-reasoned, unassailable opinion on appeal.”

Attorneys for the other co-defendants did not immediately respond to a request for comment.

This story is developing – stay with NJBIZ for the very latest.