Attorney General Matthew J. Platkin today announced a state grand jury has voted to indict a Paterson housing and zoning inspector as well as an accomplice, charging them for their alleged roles in a conspiracy to accept money in exchange for illegitimate building permits bearing forged signatures, purported to be issued by the City of Paterson.
The grand jury returned a seven-count indictment on February 20, 2024, against Jose Fermin, 50, of Prospect Park, New Jersey, and Jose Juan Guererro-Cruz, 44, of Cape Coral, Florida. Guererro-Cruz was taken into custody in Fort Myers, Florida, on February 27 by officers from the Lee County Sheriff’s Office.
The indictment was handed up after Fermin and Guerrero, over a period of at least two years, allegedly produced fraudulent Paterson building permits and other records in exchange for payments.
The indictment, which follows an investigation by the Corruption Bureau of the Office of Public Integrity and Accountability (OPIA), alleges that the bogus documents included imitation signatures purportedly written by Paterson’s Planning and Zoning Director.
According to the investigation, the conspiracy unfolded between roughly December 2020 and February 2022. The investigation found that Guerrero and Fermin would accept money in exchange for Fermin producing the forged, and in fact illegitimate, documents. It is alleged that some applicants were told they could receive sham permits without even submitting building plans.
Fermin’s actions, as alleged, violated Paterson Personnel Policies and Procedures requiring employees to refrain from, among other things, accepting gifts from any individual who has had or is likely to have any professional or official transactions with the City.
“We will aggressively prosecute public officials who offer favors in exchange for bribes,” said Attorney General Platkin. “Corruption makes the public lose faith that government runs in an upstanding, fair manner and in accordance with the rule of law — and it will not be tolerated by any public servant at any level.”
“We allege these defendants abused a position of authority, power, and public trust to enrich themselves personally, all while misleading their victims,” said Thomas Eicher, Executive Director of OPIA. “They were allegedly undermining the city’s regulatory oversight by offering a workaround that was fictional, and was perpetuated through the use of phony permits.”
Fermin and Guererro-Cruz were indicted on the following charges:
• Conspiracy (2nd degree)
• Official misconduct (2nd degree)
• Bribery in official or political matters (2nd degree)
• Acceptance or receipt of unlawful benefit by public servant for official behavior (2nd degree)
• Tampering with public records or information (3rd degree)
• Falsifying or tampering with records (4th degree); and
• Forgery (3rd degree)
These charges are merely accusations, and the defendants are presumed innocent unless and until proven guilty in a court of law.
Second-degree charges carry a sentence of five to 10 years in state prison and a fine of up to $150,000.
Third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000.
Fourth-degree offenses could lead to up to 18 months in state prison and a fine of up to $10,000.
Deputy Attorneys General Lisa Queen and Rbrey D. Singleton are prosecuting the case, under the supervision of Corruption Bureau Deputy Chief Jeffrey Manis, OPIA Deputy Director Anthony Picione, and OPIA Director Eicher.
Defense counsel
For Fermin: William E. Wackowski, Esq.. Freehold, New Jersey
For Guererro-Cruz: none listed at this time
Two defendants have been indicted for issuing fraudulent building permits in Paterson City, according to Attorney General Andrew J. Platkin. The two individuals, who have not been named, are accused of using their positions to approve building permits for projects that did not meet the necessary requirements.
The indictments come after an investigation by the Attorney General’s Office and the Division of Criminal Justice uncovered evidence of corruption within the Paterson City building department. The defendants are facing charges of official misconduct, bribery, and tampering with public records.
According to Platkin, the fraudulent permits issued by the defendants allowed for substandard construction projects to proceed without proper oversight. This not only put the safety of residents at risk but also undermined the integrity of the building permit process.
Platkin emphasized the importance of upholding the law and ensuring that building permits are issued in a fair and transparent manner. He stated that his office will continue to investigate and prosecute cases of corruption in order to protect the public and maintain the trust of the community.
The indictments serve as a reminder that those who abuse their positions of power will be held accountable for their actions. Platkin urged residents to report any suspicious activity related to building permits or other government services to help prevent future instances of fraud and corruption.
In conclusion, the indictments of the two defendants for issuing fraudulent building permits in Paterson City highlight the importance of maintaining integrity and transparency in government processes. The Attorney General’s Office is committed to rooting out corruption and ensuring that all residents are protected from harm caused by dishonest practices.
