CBS/AP/ September 10, 2012, 8:21 AM

N.J. Mayor Tony Mack arrested in corruption probe

Trenton Mayor Tony Mack, left, is driven in custody to the federal courthouse in Trenton, N.J., Sept. 10, 2012, after agents arrested him as part of an ongoing corruption investigation.

Trenton Mayor Tony Mack, left, is driven in custody to the federal courthouse in Trenton, N.J., Sept. 10, 2012, after agents arrested him as part of an ongoing corruption investigation. / AP Photo

Updated at 6:41 p.m. ET

(CBS/AP) TRENTON, N.J. - The mayor of New Jersey's capital city has been released from federal custody on $150,000 bond after being arrested on a charge of corruption.

Federal agents arrested the mayor of New Jersey's capital early Monday as part of an ongoing corruption investigation into bribery allegations related to a parking garage project that was concocted as part of an FBI sting operation.

They also arrested his brother Ralphiel and convicted sex offender Joseph Giorgianni, a Mack supporter who owns a Trenton sandwich shop, for conspiring to obstruct, delay and affect interstate commerce by extortion under color of official right.

Federal prosecutors alleged Mack agreed to use his influence in connection with a proposed parking garage in the city. The garage was made up — a fake project created by investigators to try to capture Mack, who has financial problems and attracted legal scrutiny since he took office.

Mack's lawyer, Mark Davis, said he believes the evidence presented in the criminal complaint against his client is "insufficient" to get a conviction.

U.S. Attorney Paul Fishman said at a news conference Monday that the city-owned land for the garage was assessed at $271,000. He said Mack and Giorgianni agreed to accept $100,000 for the land for the city coffers — as long as the purported developers paid a bribe of $100,000 to be split between the two alleged conspirators.

Federal agents began working with an informant to gather information on Mack and the others in September 2010, just two months after Mack took office. Fishman would not say when the investigation began or why.

Fishman said investigators quickly understood the relationship between the mayor and the sandwich shop owner: "It became clear he was a bagman for the mayor."

The defendants received $54,000 and anticipated accepting an additional $65,000 from a cooperating witness who purported to be a developer, according to court documents that laid out the sting.

The criminal complaint portrays Giorgianni as a boastful man who did most of the talking with two FBI informants — one who was cooperating to get a better deal in his own criminal case, another who was paid.

The sting was similar to the massive "Bid Rig" sting that resulted in criminal charges against 46 people — many of them local officials — in 2009. Then, bribes were attached to fictitious development projects. Prosecutors have had mixed success in winning convictions.

Giorgianni complained at one point that Mack, 46, could not take bribes because he was being watched so closely, the documents said. "It's sickening," he told one of the informants, according to the court papers.

"I like to make money for my friends," he said, according to the papers, and went on to reference infamously corrupt political boss William M. Tweed. "I like to do it like the Boss Tweed way. You know Boss Tweed ran Tammany Hall?"

He was also caught on tape telling one of the informants: "One thing about the Mack administration — when I say that, it's me and Mack — we're not greedy. We're corruptible. We want anybody to make a buck," and "I'm there to buffer the thing where, you know, take the weight ... going to jail's my business. It ain't his."

By contrast, when Mack was recorded, it was mostly just to say he'd meet someone or exchanging pleasantries. But in April, he was recorded at a meeting with Giorgianni and one of the informants saying: "I really appreciate what you guys have done for us. I appreciate your support and, like before, I support you and I'll keep on supporting you."

Authorities say, though, that the short-in-stature Mack, whom Giorgianni referred to as "Napoleon," was involved in the scheme. One piece of evidence they offer is that Giorgianni referred to money by code — calling it "Uncle Remus" — when he spoke with Mack, and that Mack seemed to know what he was saying.

The complaint also said that $2,500 in $100 bills with the serial numbers of those given to Giorgianni were found in a search of Ralphiel Mack's home in July.

Mack's administration has been in turmoil from Day 1, staggering from one crisis to another. A housecleaning of staff at City Hall opened the door for Mack's own appointees, who quickly turned it into a revolving door.

Under an agreement reached last year, the Democrat may hire department heads only from a pool of applicants the state offers or he risks losing $6 million in state aid.

Under state law, he would be forced out of office if he is convicted. But activists in Trenton would like to see him step down immediately. "If he were smart, he'd resign," said Jerell Blakely, a former campaign manager for Mack who is now a critic. Blakely predicted Mack would not step down on his own.

The mayor and his brother could each face 20 years in prison if convicted.

Giorgianni and eight others were charged separately Monday with a scheme to distribute oxycodone from the sandwich shop, and he was also charged with weapon possession by a convicted felon. He went to prison in the 1980s on charges of carnally abusing and debauching the morals of a 14-year-old girl in the back of his shop.

The case gained notoriety because of weight-related health problems that got Giorgianni, a steakhouse owner who once claimed to tip the scale at over 500 pounds, released and led a prosecutor to charge he "ate his way out of jail."

He faces up to 50 years in prison if he's convicted on all charges.

© 2012 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
31 Comments Add a Comment
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djseavy says:
I tend to agree with Robert1129. I think they make the sting so attractive that even a saint couldn't resist. I don't buy into the theory that if he was honest, nothing would sway him. We're all human, and caught at the right (or wrong) time with the right deal, we don't know for sure what we'd do. I can't swear on a stack of bibles that I wouldn't be tempted, and if the money was large enough, I can't guarantee I wouldn't waver. I hope I'd remain honest, but you never know for certain until it happens.
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whitebreadkills says:
Gee, he looks like such an honest man.
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lowlya says:
Stupid, stupid, stupid. If he had set up a 501(c)4 like Karl Rove, et al, he could have gotten the same amount of money and it would have been legal, and nobody would know who the donors were. Stupid is as stupid does.
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Jesus_to_ground_control says:
Mack the Knife*

Oh, the shark has pretty teeth, dear
And he shows 'em, pearly white
Just a jack knife has Macheath, dear
And he keeps it, keeps it way out of sight

*Frank Sinatra
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formerlyluvnut says:
Phht.....just another day in Jersey. Nothing new.
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josephp5 says:
This mayor may be corrupt, but this is small potatoes. $54,000 is nothing. When will the Feds target the Wall Street crooks that stole BILLIONS from the American taxpayer?
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robert1129 replies:
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I agree with you. Wall Street crooks made billions, paid petty cash (when you consider how much they stole) in fines and not one has ever served a day in jail.

I also have a lot of problems with Sting operations like these. Had the Mayor not been approached he would not have broken the law. These tyes of perations need to be regulated more.
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Jhihmoac says:
...And how does Christie feel about this?
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walkthetalk says:
There is just no way this could true. He is Boy Scout leader, He is a Staunch Community Advocate and voice for minorities, A prominent leader of his church, helps little old ladies across the street and lastly a very typical Democrate.
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audemus replies:
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Absolutely ignorant comment.....typical Republican.
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pcfpgarty says:
This could not have come to light at a worse time for our Democratic Candidate for the office of President. But I doubt it will have a negative effert . Though , certainly not in his favor either !
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MegaProcrastination replies:
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And this is exactly what's wrong with the party system. What one person in a party does should in no way reflect on someone else. Just because this mayor may have done this stuff doesn't mean every other person of the same party is corrupt. Corruption runs deep in both parties and people need to not forget that.
robert1129 replies:
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Why? Got any proof that he was connected in any way?
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chevyhotrod says:
by Mikexxxxxxx September 10, 2012 10:33 AM EDT
Chevyhotrod,
And you do NOT think that having a corrupt Governor Christie had ANYTHING to do with setting the stage for this kind of crap to happen, huh...

_____________________

Mike you're a brainless blathering blob making assumptions that are untrue and lying at its worst. Your talking points are getting old without and evidence or facts to back up your assertions.

Christie is not corrupt and didn't have anything to do with this, the Democrat mayor got caught red handed and you try and deflect this towards somebody else is a joke.

You take away the money that government gets to spend (balance the budget), of others people money, and the corruption will only go down, because they will no longer have the power to spend other people's (We The People) money at their pleasure/leisure.
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Mikexxxxxxx replies:
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chevyNOTrod,
I could go on and on, but the following should clear things up:

** Chris Christie Corruption: Congressional Testimony of investigation into US Attorney General Chris Christie for Blackmail. During Investigation Congressmen testify that essentially amounts to corporate blackmail.

** A Justice Department report,November 2010, showed that when Mr. Christie was a top federal prosecutor, he routinely billed taxpayers for hotel stays whose cost exceeded government guidelines.

** In August 2009, Mr. Christie's campaign was jolted by news that he lent $46,000 to one of his top aides in 2007 but failed to disclose it in his financial records.

** N.J. GOP gubernatorial candidate Chris Christie's corruption includes multi-million dollar bribes and deferred prosecution agreements. Multi-Million $$$ Bribes to Defer Prosecution

** Christie abused his power as Attorney General to bribe and extort his political opponents.
Mikexxxxxxx replies:
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chevyNOTrod,
I could go on and on, but the following should clear things up:

** Chris Christie Corruption: Congressional Testimony of investigation into US Attorney General Chris Christie for Blackmail. During Investigation Congressmen testify that essentially amounts to corporate blackmail.

** A Justice Department report,November 2010, showed that when Mr. Christie was a top federal prosecutor, he routinely billed taxpayers for hotel stays whose cost exceeded government guidelines.

** In August 2009, Mr. Christie's campaign was jolted by news that he lent $46,000 to one of his top aides in 2007 but failed to disclose it in his financial records.

** N.J. GOP gubernatorial candidate Chris Christie's corruption includes multi-million dollar bribes and deferred prosecution agreements. Multi-Million $$$ Bribes to Defer Prosecution

** Christie abused his power as Attorney General to bribe and extort his political opponents.
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