Linden Official’s Brother Sentenced to Six Months of Home Confinement for Paying Bribes to the Official

TRENTON—The brother of Frank Rose, a former field representative for the City of Linden’s Neighborhood Redevelopment Program, was sentenced to six months of home confinement, as part of a three-year term of probation, today for paying bribes to Rose in exchange for approximately $1.3 million in construction services, Acting U.S. Attorney Ralph J. Marra, Jr., announced.

In sentencing Anthony Rose, 48, of Linden, U.S. District Judge Anne E. Thompson granted the government’s motion for a downward departure and, in doing so, explained that if it were not for Anthony Rose’s cooperation in coming forward and reporting the criminal actions to law enforcement authorities this fraudulent scheme could be continuing as of today.

On Sept. 22, 2009, Judge Thompson sentenced Frank Rose, 53, of Marco Island, Fla., to 60 months in federal prison for accepting more than $180,000 in corrupt cash payments and other benefits in exchange for giving favorable treatment to certain contractors. Judge Thompson also ordered Frank Rose to make restitution of $189,000 to the U.S. Department of Housing and Urban Development (HUD).

On Feb. 14, 2008, both of the Rose brothers pleaded guilty before Judge Thompson. Anthony Rose, pleaded guilty to one count of mail fraud in connection with paying corrupt cash payments to Frank Rose. At his plea hearing, Anthony Rose, the former Director of the City of Linden Transportation and Parking Department and a silent partner in two separate construction and maintenance businesses based in Clark and Toms River, admitted to participating in a scheme with other contractors to give cash to Frank Rose, in exchange for his official influence in favor of the two construction companies in which Anthony Rose was a silent partner.

Anthony Rose admitted that in exchange for the corrupt payments he paid to his brother, Frank awarded Anthony’s two companies with approximately 37 contracts totaling approximately $1,329,370. As part of his plea agreement, Anthony Rose agreed to forfeit $62,468, an amount representing illicit profits he collected during the course of the scheme.

Frank Rose pleaded guilty to a six-count Information before U.S. District Court Judge Anne E. Thompson. Count One of the Information charged Rose with accepting corrupt payments and other benefits. Counts Two through Six charged Rose with filing false tax returns that failed to report as income the corrupt cash payments he received from the contractors.

In determining the actual sentences, Judge Thompson consulted the advisory U.S. Sentencing Guidelines, which provide appropriate sentencing ranges that take into account the severity and characteristics of the offense, the defendant's criminal history, if any, and other factors.The judge, however, was not bound by those guidelines in determining a sentence.

Parole has been abolished in the federal system. Defendants who are given custodial terms must serve nearly all that time.

Marra credited Special Agents of the FBI, under the direction of Special Agent in Charge Weysan Dun, and the U.S. Department of Housing and Urban Development Office of the Inspector General, under the direction of Special Agent in Charge Rene Febles, for investigation of the case.

The government is being represented by Assistant U.S. Attorneys Richard E. Constable, III of the U.S. Attorney’s Special Prosecution’s Unit in Newark.

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