Indictments dismissed in Wildwood (Updated)

Criminal charges against Wildwood Mayor Pete Byron and two others were dismissed on Friday in another loss for the state’s Office of Public Integrity and Accountability, the Press of Atlantic City reported today.

Superior Court Judge Bernard DeLury tossed the indictments against Byron, Wildwood Commissioner Steve Mikulski, and former Mayor Ernest Troiano, who has been charged with submitting fraudulent records and illegally taking state health benefits twelve months ago.

But the state attorney general’s office appears ready to continue its case against the three, either through an appeal or by refiling charges.

“The court’s decision to dismiss the indictment was made without prejudice and based on what the court viewed as a technical deficiency due to grand juror absences during a portion of the state’s presentation.   The court did not dismiss the indictment based on the merits of the state’s case against the defendants,” a spokesman for the attorney general stated.  “While the state is currently reviewing the court’s opinion and assessing litigation options, the state has every intention of prosecuting this case to the fullest extent of the law.”

Byron must now decide if he’ll seek re-election.

In March, Byron pled guilty to federal tax charges.  According to U.S. Attorney Philip Sellinger, Byron received more than $40,000 in payments in 2017 and 2018 that he did not report to the IRS. The charges – two counts of aiding and assisting in the preparation and presentation of false and fraudulent tax returns – each carry a maximum potential sentence of three years in prison and $250,000 in fines.

Byron’s sentencing is scheduled for August 2.

After an investigation that began with a referral from the state Division of Pensions and Benefits, the three men were indicted on charges of second-degree official misconduct, second-degree theft by unlawful taking, third-degree tampering with public records, and fourth-degree falsifying or tampering with records.

According to the attorney general’s office, Byron, Mikulski and Troiano were ineligible for benefits under a 2010 state law that limited health care coverage to employees who worked 35 hours per week or me.

Instead, prosecutors say Byron and Troiano voted for a resolution in 2010 to declare themselves full-time employees.  But the probe that they “allegedly falsely signed and submitted timesheets to the city indicating they worked full days Monday through Friday.

The state claims Byron cost the state over $608,900 in premiums and claims through last October, while the state incurred expenditures of over $286,600 for Troiano and over $103,000 for Mikulski.   The allegations say that Mikulski “knowingly made false statements in a ‘Health Benefits Enrollment and/or Change Form’ submitted to the City of Wildwood.”