851 F. Supp. 2d 797
D.N.J.2012Background
- Defendant Louis Manzo is charged with two counts under the Travel Act and a misprision count.
- Indictment centers on arrangements with Solomon Dwek and others to obtain future official favors in Jersey City.
- Meetings occurred in Jan–Apr 2009 with cash payments totaling $27,500 linked to development approvals and a promotion.
- New Jersey bribery statute N.J.S.A. 2C:27-2 is the substantive predicate alleged, with the defense arguing unelected candidates are not covered.
- Court grants motion to dismiss all Travel Act counts and the Misprision of Felony count; discovery and other motions are denied or moot.
- Procedural posture: pretrial omnibus motions; after briefing and hearing, court dismisses the Indictment and declines further proceedings on related motions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Travel Act predicate conduct viability | Government contends conduct fits Travel Act predicate offense | Manzo argues non-coverage of unelected candidates under state law | Travel Act counts dismissed as the conduct is not a valid predicate under state law or federal scope |
| Applicability of NJ bribery statute to unelected candidates | Government argues statute broadly covers unelected candidates | Manzo contends unconstitutional expansion; lacks support for unelected candidates | Counts dismissed; statute not interpreted to cover unelected candidates as charged |
| Misprision of felony viability | Prosecution asserts principal offenses and knowledge justify misprision | No applicable NJ §2C:27-2 offense by principals; no basis to allege concealment by Manzo | Count III dismissed for insufficiency |
| Discovery/evidentiary hearing on grand jury | Discovery sought due to alleged grand jury issues | Requests not moot if charges dismissed favorable to defense | Motion denied as moot |
Key Cases Cited
- United States v. Nardello, 393 U.S. 286 (U.S. 1969) (Travel Act predicate extortion/bribery generic definition)
- Perrin v. United States, 444 U.S. 37 (U.S. 1979) (Bribery in state law context included private bribery and commerce bribery)
- United States v. Dansker, 537 F.2d 40 (3d Cir. 1976) (Expands generic bribery concept under Travel Act; scope beyond official acts)
- United States v. Forsythe, 560 F.2d 1127 (3d Cir. 1977) (Defines test for whether conduct fits generic category of bribery)
- United States v. Parlavecchio, 903 F. Supp. 788 (D.N.J. 1995) (Bribery predicates under New Jersey law for Travel Act analysis)
- Rewis v. United States, 401 U.S. 808 (U.S. 1971) (Travel Act—state law enforcement balance; interstate nexus)