Investigation of the Waterfront Commission of New York Harbor

More documents

Recommendations

Info

$J1L(lO~ \~ ~~ - Center for Investigative Reporting$

Licensing-Related Abuses by Deutsch as General CounselDeutsch Improperly Assisted a Friend of the Cernadas FamilyDeutsch abused his position at the Waterfront Commission to obtain policerecords and interceded on behalf of a friend of the Cernadas family. As noted above,Albert Cernadas, Sr., was a senior official of the longshoremen’s union, and AlbertCernadas, Jr., is a close friend of Deutsch.Jimmy Zamuz, a friend of the Cernadas family, was a registrant of the WaterfrontCommission. On January 7, 2008, the Waterfront Commission learned that Zamuz wasarrested during a homicide investigation. Unaware of Zamuz’s role in the homicide, theWaterfront Commission initiated steps to suspend him, concerned that he may be adanger to other workers on the piers.Although the Police Division was responsible for obtaining records, Deutsch usedhis influence to obtain police records of the homicide investigation, and personallyretrieved those records in Newark, New Jersey. The records revealed that Zamuz,although arrested for weapons possession, was not suspected of the homicide. With theserecords, Deutsch interceded to prevent the suspension of Zamuz’s Waterfrontregistration.Deutsch testified that it was only after he was in the process of obtaining therecords that he learned from De Maria about the relationship of Zamuz to Cernadas, Sr.Deutsch claimed that he was unaware that the Zamuz and Cernadas families werefriendly or that Jimmy Zamuz and Deutsch’s friend, Albert Cernadas, Jr., were closefriends. Deutsch further testified that he did not obtain the records at the request ofCernadas or anyone else outside of the Waterfront Commission. Rather, Deutsch claimedthat Executive Director De Maria and Acting Chief of Police McGowan asked him toobtain necessary documentation regarding Zamuz’s role in the homicide investigation.When asked why members of the police division would ask him to obtain theserecords Deutsch testified, “I was a prosecutor in Union County. I mean, New Jersey’s alittle different than New York. I mean, we know people. Who did I know? I knew aspecial assistant to the mayor of Newark. It happened in Newark, I believe.”Both then-Executive Director De Maria and then-Acting Chief of PoliceMcGowan testified to the Inspector General that Deutsch’s assistance was neverrequested in this matter. Rather, since Zamuz was facing suspension, Deutsch took itupon himself to obtain the records to protect Zamuz’s employment. De Maria andMcGowan both stated that they knew of the relationship between the Zamuz andCernadas families, and of the relationship between Deutsch and Cernadas, Jr. McGowantestified to a conversation he had with De Maria after learning that Deutsch was in NewJersey in an effort to obtain the Zamuz records. According to McGowan, De Mariastated:I just called [Deutsch] on the phone, and I told him, ‘get your ass outof there now and get back here,’…do you believe that this guy with19
all the things that has gone on with Al Cernadas, that this guy wouldinterject himself in this again? Does he ever learn?De Maria agreed that he made the above statement to McGowan, in substance.Cernadas, Jr. acknowledged that Zamuz is a friend of his and his family.According to Cernadas, Jr., he knew that Zamuz was arrested but he did not ask Deutschto obtain records or otherwise assist Zamuz.Deutsch Provided Non-Public Information to Albert Cernadas, Jr.Following the two incidents involving the Cernadas family, Deutsch again abusedhis authority as Commission general counsel by providing non-public Commissioninformation to assist Albert Cernadas, Jr., regarding Cernadas family members underinvestigation for an altercation in a bar. Deutsch then attempted to secure the suspensionof one of the combatants, who was at the time estranged from the Cernadas family.Deutsch was suspended as a result of this improper intervention, as were two policedetectives who lied during an internal Commission investigation of the matter.The facts of the incident are as follows. On February 21, 2008, two members ofthe extended Cernadas family, Ray Costa and Robert Machado, were in an altercation at abar. Another Cernadas family member, Henry Machado, was present. All three men areregistrants of the Waterfront Commission and were attending a union meeting when thefight erupted. At the time, the Machados were estranged from the Cernadas familybecause Henry Machado was in the process of divorcing Cernadas, Jr.’s sister. RayCosta is Cernadas, Jr.’s uncle. Lieutenant Scott Politano learned of the incident from ananonymous call. Politano assigned Detective David Bistacco and others to investigatethe incident and interview Costa and Robert Machado.Cernadas, Jr. contacted Deutsch on February 21, 2008, after learning thatCommission detectives had attempted to contact Costa, and the two men met for dinnerthat evening. Although Cernadas, Jr. initially stated that he had only discussed generalreporting requirements with Deutsch, once confronted with telephone records, Cernadas,Jr. admitted to Commission investigators that he told Deutsch at dinner that members ofthe Waterfront Commission were looking for his uncle. Deutsch testified to the InspectorGeneral that Cernadas, Jr. explained to him that Costa was the victim of an assault, andthat, after receiving a telephone call, Cernadas, Jr. requested that Deutsch find out whymembers of the Waterfront Commission were looking for his uncle. At the time,Cernadas, Jr. was First Assistant Prosecutor of Union County, but had no officialinvolvement in the Machado-Costa altercation. During Deutsch’s testimony to theInspector General, he emphasized that the Union County Prosecutor’s jurisdictionincludes the New Jersey piers.At approximately 9:00 p.m. that same evening, Deutsch called LieutenantPolitano to communicate Cernadas, Jr.’s question of why Commission detectives werelooking to interview Ray Costa. Deutsch had previously been instructed to follow thechain of command within the Police Division; therefore, he should have contacted then-20
Page 5 and 6: Personal Use of Waterfront Commissi
Page 7 and 8: mandated core responsibilities. 2 T
Page 9: enforcement officer, he was hired a
Page 12 and 13: on August 5, 2009, Governor Corzine
Page 14 and 15: provides no details or guidance as
Page 16 and 17: III. ALLEGATIONS AND METHODOLOGYOn
Page 18 and 19: Police Division was lacking policie
Page 20 and 21: applicant’s prior criminal histor
Page 22 and 23: withdrew,” and that was a clue to
Page 26 and 27: Acting Chief of Police McGowan. Deu
Page 28 and 29: the past ten years because the Audi
Page 30 and 31: een completed, few of the audits we
Page 32 and 33: ASA Apple was permitted to withdraw
Page 34 and 35: Commission’s first Association co
Page 36 and 37: Audit and Control Director Frank Na
Page 38 and 39: Although new hires are granted the
Page 40 and 41: 2008. Overall, while each location
Page 42 and 43: Organized Crime Unit, the US Depart
Page 44 and 45: check, the chief of police would re
Page 46 and 47: take the examination. During the In
Page 48 and 49: asked De Maria if he would be termi
Page 50 and 51: pay; shortly thereafter, his suspen
Page 52 and 53: The Inspector General learned that
Page 54 and 55: airport, one in McGowan’s assigne
Page 56 and 57: Federal laws restrict the manner in
Page 58 and 59: The Commission reported to the Insp
Page 60 and 61: In response to the Inspector Genera
Page 62 and 63: A consultant was retained to review
Page 64 and 65: In light of the findings of this re
Page 66 and 67: APPENDIX

Investigation of the Waterfront Commission of New York Harbor

Create successful ePaper yourself

Delete template?

Save as template?