Attorney General Archives

Platkin moves step closer to removing ‘acting’ from AG title

Matt Platkin, chief counsel to Gov. Phil Murphy — Gov. Phil Murphy nominated Matthew Platkin for the attorney general role in February. – NJBIZ FILE PHOTO

During a rare August hearing, the Senate Judiciary Committee Monday moved to advance acting Attorney General Matthew Platkin’s nomination through to the full Senate by an 8-2 bipartisan vote, which included one Republican, Sen. Jon Bramnick.

While the outcome of the Aug. 8 vote was a mere formality, it has not been a swift process for Platkin to reach this point since he was nominated by Gov. Phil Murphy in February. The Montclair native’s recommendation required sign-off from Essex County’s four state senators, and only recently received the greenlight from former Gov. and current state Sen. Richard Codey, D-27th District, and Sen. Nia Gill, D-34th-District, who spoke highly of the 35-year-old when she introduced him to the committee.

“Given Mr. Platkin’s background, which we are all familiar with, we know he comes obviously qualified, committed to serve, and prepared to advance the rule of law and justice,” said Gill. “So, to this committee, I present to you, Mr. Platkin.”

“As I said when I had the honor of being nominated to this position, the pursuit of justice has been my life’s calling,” Platkin said during his opening remarks. “And in this role, I am fortunate to wake up every day to lead a team of thousands of women and men committed to that pursuit.”

“And I hope to show you today that my skills, values, commitment, character and experience will justify the governor’s faith in nominating me to serve the people of this state as attorney general,” he continued.

Even though there was little suspense about whether his nomination would advance or not, it was not a total walk-in-the-park for Platkin, who faced tough and pointed questions on a wide-range of issues from panel Republicans, including Sen. Michael Doherty, R-23rd District; Sen. Anthony Bucco, R-25th-District; and Bramnick, R-21st-District.

Doherty questioned whether Platkin has enough legal experience to handle such a powerful and demanding role.

Platkin conceded that nothing prepares you for the breadth of responsibility that comes with leading an office with more than 17 departments and nearly 8,000 employees, but that he believes his background – plus the last six months being on the job – has prepared him for full confirmation.

“But I can say with conviction that the six months I’ve spent as acting attorney general has only strengthened my view of the talent and commitment of the people who make up this department,” said Platkin. “And I believe that the six months I’ve spent leading this department have shown how I will continue to lead it should I be fortunate enough to proceed today and be confirmed by the full Senate.”

Looking back … and ahead

Platkin – who previously served as the governor’s chief counsel – was questioned on topics including his role in the state’s emergency COVID-19 orders, general crime, public safety, car thefts, bail reform, marijuana, school safety, abortion and the Katie Brennan scandal from Murphy’s first gubernatorial campaign, which Platkin worked on. A scathing 2019 report pointed the finger at many in the Murphy Administration, including Platkin, for failing Brennan.

“This is my opportunity to ask you. So, what I’m hearing is that maybe a mistake was made?” Doherty asked, in reference to the report’s findings. “Maybe if you had to do it over again, you would have advised the governor. And maybe that’s what the policy actually required. Am I wrong there?”

Platkin in the news

“I said that repeatedly three years ago, and I would say it again here today,” said Platkin. “In hindsight, given everything we know now. Of course, it’s something I would have done differently.”

Bucco questioned Platkin’s focus, referencing out-of-state lawsuits New Jersey has joined about “progressive issues.”

“I appreciate the fact that you recognize public safety as being the No. 1 issue. But it seems to me like that’s not the focus. You’ve heard questions today about police officers feeling that their hands are being tied out there in doing their jobs,” said Bucco. “And it’s a concern for me that we’re losing focus. And that the office is becoming more of a political policy promotion spot than true law enforcement, public safety core issues that I think the attorney general is most responsible for.”

“Of course, the attorney general also has an extraordinarily broad range of responsibilities, and among them is standing up for our residents in court,” Platkin responded. “And it is something that I believe is absolutely appropriate for the attorney general to do. But our department’s focus primarily is keeping residents safe.”

Final tally

In the end, Platkin was not able to sway Doherty or Bucco, who each voted no.

“I don’t have trust and confidence that you’re going to be evenhanded applying the law and adhering to the constitution,” said Doherty. “So, I am a firm no on Mr. Platkin.”

“On a whole host of issues that were discussed today and that are troubling to me and my belief that he has deviated during his short time as acting attorney general from the core function by focusing more on progressive political policies on a national and local level at the expense of, I think, his public safety and law enforcement,” said Bucco. “For those reasons, unfortunately, I cannot support the nomination and I vote no.”

But Bramnick, the lone Republican to vote yes, said that his party cannot have it both ways.

“We can’t condemn a national trend that attacks judicial candidates based on their philosophy and then choose to vote against a qualified candidate, despite the fact that we all have serious concerns about our policy differences,” Bramnick explained. “And based on that and based on what I believe is the history of this country where we vote for qualified candidates who we disagree with, I vote yes.”

As he voted yes, Senate President Nick Scutari praised Platkin for how he handled himself in the hot seat Monday.

“I think you’ve grown much in the years that you’ve been in Trenton and in the years that you were gone,” said Scutari, D-22nd District. “And I am absolutely certain that you’ll bring all the requisite experience, vigor and intellect to the job to do a wonderful job with it. And you have my utmost confidence in your ability to the do the job. I vote yes.”

“I am grateful for and humbled by the bipartisan support of the Judiciary Committee,” said Platkin in a statement following the vote. “I appreciate the opportunity to answer questions about my priorities as attorney general, and to discuss the recent accomplishments of our office. I want to thank Gov. Murphy for his trust and support in nominating me to serve the people of this state as New Jersey’s attorney general. I look forward to receiving consideration of the full Senate.”

Scutari has indicated that a full Senate vote will take place during the fall legislative session.

NJEDA halts $50K loan to bus company owners over alleged hiring cover-up

[vc_row][vc_column][vc_column_text]The New Jersey Economic Development Authority is suspending a $50,000 loan to the owners and affiliates of a company that allegedly lied to public officials to cover up its hiring of several employees as school bus drivers without the proper qualifications.

F and A Enterprise Employee Leasing Inc. and its owner, Faiza Ibrahim, submitted an application in August 2020 for the money under the state’s Micro Business Loan Program, which provides low-cost loans to small businesses, according to public documents.

Their affiliate F&A Transportation secured $3.5 million of contracts between 2015 and 2020 for school districts spanning Essex, Morris, Passaic and Union counties, according to the documents.

In February 2019, an F&A school bus driver transporting 12 special-needs children in Newark crashed the vehicle into the wall of a building, and had allegedly overdosed on heroin at the time. Police had to revive the driver using Narcan.

As part of the application process, a company needs to indicate whether they’ve been charged criminally or civilly with breaking the law, and indicated “no” on any such questions in their application to the New Jersey Economic Development Authority, which oversees the loan program.

But a search by NJEDA staff found that they were indeed in legal hot water. In October 2020, Ibrahim and a related company F&A Transportation, were served a criminal complaint in regarding the case, and then indicted by a grand jury in August, along with Faiza’s husband Ahemed Mahgoub.

The two and F&A Transportation faced six charges, the state Attorney General’s office announced in August. If convicted, they could face fines up to $150,000, and prison sentences of up to 10 years, a press release notes.

“No parent should have to worry about the condition of their child’s school bus or question whether their child’s bus driver might be a felon or someone under the influence of drugs or alcohol. No child should ever be put in danger that way,” reads an October 2020 statement from then-Attorney General Gurbir Grewal.

Their attorney, Sebastian Bio from Bio & La Racca Law Office in Orange, could not immediately provide comment for this story.

“These defendants showed a complete disregard for the safety of school children by allegedly hiring bus drivers who were totally unsuited for the job and operating buses that were in no condition to be on the road,” reads a statement issued this August from Thomas Eicher, who heads the state’s Office of Public Integrity and Accountability.

According to the NJEDA and Attorney General, company officials knowingly hired employees that did not have the necessary licensure and qualifications to operate a school bus, suspended licenses, and those with criminal histories and illegal drug use – whom they did not screen for drugs.

They also falsified vehicle inspection forms indicating that their vehicles were safe to drive school children, the two state agencies said.

The grand jury indictment alone is grounds for suspending the application, but NJEDA officials noted that the application would go forward if they were cleared, but it would be ended entirely if they are convicted.[/vc_column_text][/vc_column][/vc_row]

EY must pay state, create scholarship for women, underrepresented communities

Ernst & Young LLP must pay the state $100,000 and create a $500,000 scholarship program for women and underrepresented populations in the finance and accounting industry to resolve a Division on Civil Rights investigation into its former training program.

The training program it used from February 2015 to September 2019 allegedly violated the New Jersey Law Against Discrimination (LAD) by providing many of its female employees with training based on gender stereotypes, Attorney General Gurbir Grewal and the DCR announced June 1.

As part of a signed Memorandum of Agreement, EY also agreed to implement a variety of policy, training and other reforms designed to ensure the company’s corporate culture and work environment comply with the LAD and do not encourage differential treatment of employees based on sex, gender identity, or gender expression.

“Training programs that perpetuate gender stereotypes and present faulty science as fact can harm employees, exacerbate gender inequities, and stigmatize employees who do not conform to gender stereotypes,” said Aaron Scherzer, DCR chief of strategic initiatives and enforcement. “The robust and forward-thinking provisions in this agreement with Ernst & Young reflect DCR’s commitment to rooting out discrimination in workplaces across New Jersey.”

EY has approximately 55,000 partners, principals and employees nationwide and employs approximately 3,500 workers in New Jersey at locations in Hoboken, Iselin and Secaucus.

The training at issue, called the Power-Presence-Purpose Training Program, or PPP, came to DCR’s attention in 2019 after news reports concerning the course described some of its content as “outdated and offensive,” according to the announcement.

The robust and forward-thinking provisions in this agreement with Ernst & Young reflect DCR’s commitment to rooting out discrimination in workplaces across New Jersey.
– Aaron Scherzer, chief of strategic initiatives and enforcement, DCR

DCR’s investigation found that some of the training materials were based on gender stereotypes and referenced gender-based “rules” that female employees were encouraged to follow; included purported “science” establishing “differences” between male and female brains, taken almost exclusively from a single, widely criticized source; included gender-based stereotypes about the skills of women and men in the workplace and expectations of their behavior; and assumed that all individuals identify as either female or male; that a person’s gender identity and expression are based on their assigned sex at birth; and that a person’s gender expression, including the way they act and dress, is in accordance with society’s expectation of that gender identity.

Within a year, and each year for three years after that, the company will require all employees who live or work in New Jersey to take a course that focuses on gender equity, implicit bias, anti-discrimination and cultural competency. New hires will take the course, tentatively named Ethics Respect at Work, beginning in fiscal year 2022.

Additionally, within a year and continuing each year for the three following years, Ernst & Young will provide DCR with data on the gender make-up of its employees and executives nationwide and statewide. The data will include, to the extent at which its available, the number of company employees and executives who self-identify as men, women, transgender, non-binary, gender non-conforming and intersex.

In a response to a request for comment, an Ernst & Young spokesperson told NJBIZ, “EY’s agreement with the State of New Jersey will reinforce our longstanding commitment to diversity, equity and inclusion and underscores the actions we take to create a culture of belonging for all.”

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