‘Bridgegate’ Defense Offers Road Map For NJ RICO Case

Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in “Bridgegate,” New Jersey’s most notorious politics-fueled crime in recent history.

The prosecution of George E. Norcross III, his law firm CEO brother and others is likely to task a jury with deciding if ruthless real estate dealings in an impoverished town banking on revitalization amount to a crime — a question likely to resonate with those familiar with the George Washington Bridge lane closure scandal, which targeted members of Gov. Chris Christie’s administration in 2013 and 2014.

In the racketeering case, one thing the state will be resting on to demonstrate George Norcross’ intent are his recorded statements, said former state prosecutor Megan B. Kilzy of Cole Schotz PC.

“I think they’re going to really emphasize the fact that we have a recording of how he has spoken to people. And this in and of itself is a huge demonstration of his intent to use his prowess and his power to pressure those who do not have that kind of influence to essentially give in to him,” Kilzy said.

The government will say that’s evidence of extortion, while the defense will likely say the recordings are taken out of context, according to Kilzy.

“I think it’s really going to be an interesting conversation or debate between the state and the defense,” Kilzy said. “I do think the defense’s arguments are largely going to be focused on how language really is used.”

And while racketeering is a hefty weight for the state to prove, it does allow the state to push first-degree charges against the defendants and signals the severity of the situation, according to Kilzy.

“I think charging racketeering does make it more complicated. I also think it’s an articulation by the state of how serious they believe these charges to be,” Kilzy said.

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