Judge denies motion to give money-laundering leader entry into drug court program

Legislatures and courts have determined that often a criminal defendant may benefit more from court ordered drug rehabilitation than they would from incarceration. The court will weigh how much of a factor a defendant’s drug problem was as a possible cause behind the commission of the alleged crimes and a sympathetic judge can lessen the length of incarceration or waive it entirely, instead opting for the drug program. At the Law Office of John Tierney, our experience and knowledge of individual courts enable us to advocate zealously. www.johntierneylaw.com.

In this case, defendant Wayne Bessant, did not receive any leniency from the court. Judge Gerald Council denied a motion put forth by Bessant’s attorney. Defense counsel had petitioned the court to allow Bessant to enter the drug court program after he pled guilty to money-laundering charges. His counsel then stated they are undecided about an appeal and Bessant would be sentenced in September, with the plea terms calling for Bessant to serve 21 years in prison. Casey DeBlasio, spokeswoman for the Mercer County Prosecutor’s Office, said that Bessant pled guilty to charges related to five separate cases that included money-laundering, attempted theft by deception, fraudulent use of a credit card, unlawful computer access and wrongful impersonation.

New Jersey state law states that one of the ways by which a person is guilty of money-laundering if he “transports or possesses property known or which a reasonable person would believe to be derived from criminal activity.” N.J.S.A. 2C:21-25 (a). Other parts of the plea related to theft by deception, defined in part as when a person “fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship.” 2C:20-4(c).

In this case, Bessant and up to nine co-conspirators allegedly used shell corporations to issue checks for construction jobs that were never done. The check recipients, James Mucci of Croydon, Pa. and Stephen Parisis of Levittown, Pa., would cash the checks and bring the money to Bessant’s BNB Housing offices. Trenton residents Darnell Bessant and Breon Christie, cousins of Bessant, allegedly then verified the checks when banks phoned about them and deposited the cash. The operation was valued at $140,000.

Given Bessant’s guilty plea to several different charges involving distinct, repeated, and purposeful theft or deception,  Attorney, John Tierney, opines that  the judge had little room to allow for drug court admission. Specifically, it is likely that the judge dismissed the argument that this was a rash act committed by a person addicted to controlled dangerous substances. Rather, this conduct was purposeful, by design, and showed a high level of planning and persistence. Thus, it is no surprise that the drug counseling program plea was rejected and instead a lengthy prison term ordered.