Judge: Garcia lawsuit alleging Zimmer and husband belong to criminal enterprise may proceed to trial

 

A Hudson County Judge has allowed a Racketeer Influenced and Corrupt Organization Act (“RICO”) lawsuit filed by Carmelo Garcia, the former Hoboken Housing Authority Executive Director, to proceed against Mayor Zimmer and her husband, Stan Grossbard.

RICO was originally created to combat organized crime and corruption but has been used in civil litigation to allege fraudulent activities. New Jersey’s RICO statute allows a person to file a lawsuit alleging that individuals or organization have participated in the affairs of a “criminal enterprise” through a pattern of racketeering. In denying Mayor Zimmer and her husband, request to dismiss Mr. Garcia’ complaint, Judge D’Alessando said that the allegations in the complaint are sufficient to make out a RICO claim.

The judge found that Mr. Garcia’s complaint contained detailed allegations that show Mayor Zimmer and her husband conspired with members of the Hoboken Housing Authority to terminate Mr. Garcia because of his whistleblowing activities. The judge agreed that the complaint sufficiently alleges facts to show that Mayor Zimmer and her husband were co-conspirator with Hoboken Housing Authority. Mr. Garcia alleged that Mayor Zimmer and her husband, Stan Grossbard had a direct role in the day-to-day activities of and exercised control over Garcia’s work.

In its decision, the judge also allowed his civil rights and discrimination claims to go forward against Mayor Zimmer and her husband, along with the City of Hoboken, the Hoboken Housing Authority and its Chairman and Commissioners.

About The Author

Jillian has a passion for news, giving voice to the voiceless and telling stories that make an impact. A New Jersey native, she spent the past two years as a multimedia journalist/one-man-band at WTAP-TV, the NBC affiliate in Parkersburg, West Virginia, where she covered everything from meth busts to fracking to the homeless to a young man struck by lightening. She was her news director’s “go to health reporter” and also covered many education and political stories. She frequently interviewed the mayors of Parkersburg, Vienna and Williamstown, WV and Belpre and Marietta, Ohio. She interviewed OH Gubernatorial Candidate Ed Fitzgerald and OH Congressional Candidate Jennifer Garrison, as well as WV Governor Earl Ray Tomblin and WV Senator Joe Manchin. Jillian was a regular fixture at the local police, sheriff’s departments, prosecutors’ offices and courthouses. Many looked forward to her ‘Mom of the Month’ series. Her story about two women who lost their children to heroin was widely recognized, along with her much loved piece on the Battle Against Cystic Fibrosis band camp. In her free time, Jillian enjoys yoga; working out, live music, spending time with friends on both coasts and the Mid-Ohio Valley. Follow on Twitter @JillianRis

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