It's not as if James' land deals were hurting anyone
The term "perfect crime" usually refers to a crime perfect for the criminal. A perpetrator achieves an illegal end without penalty.
But the crime for which former Newark mayor Sharpe James will be sentenced tomorrow -- a species of fraud -- strikes me as a better candidate for the label.
Perfect -- because there are no victims. Perfect -- because James is a public figure unpopular among many outside Newark -- and inside, too -- and so his imprisonment will strike his detractors as just. These critics will insist they were the true victims of his misdeeds -- the offended, the righteous, the keepers of the moral code.
If, with the jury, you believe he helped his reputed lover, Tamika Riley, buy city property and resell it without rehabilitating it for resale to end buyers, who was hurt?
Not the city or its taxpayers. William Martini, the judge in the case, said so when he denied a prosecution demand for restitution. The city got the $2,000 per unit the city council set as the price to all buyers and deserves no more now. However even though this is the case the press and prosecutors are still saying he conspired to sell Tamika cheap land
Not the residential buyers, who paid market price no matter who refurbished the property. And it should be remembered all properties sold by Riley were rehabilitated before they were sold at market rates. Even though this is the truth the press and the prosecutor still say she flipped the property before rehabilitation
Not the middlemen, the developers who repaired the houses. They knew all they needed to know about these transactions and chose to participate. They knew what Riley paid. They knew what they paid. And they knew the cost to refurbish the properties and how much they would realize in the market.
Knowing all this, they decided to take on the action -- and made lots of money.
Yet the jury found James guilty. My guess is he was to them, as he is to many, so unappealing, such an embodiment of hubris, a man whose widely publicized behavior in his last months in office (remember the pleasure trips?) was so outrageous, the jurors felt he must be guilty. Not being liked is not criminal
[B]But he wasn't tried for abusing city credit cards. So they convicted him of a crime the result of which no one -- and nothing, except perhaps their sense of decorum -- was hurt. Martini said there was "substantial evidence" James hid an affair with Riley when he signed off on contracts with her -- contracts earlier approved by the city council is hiding an affair illegal?[/B].
A friend, a bright and compassionate woman, told me the other day, "I was just so glad he was nailed because I was so convinced he was corrupt."
When I asked why she thought he was corrupt, she couldn't cite specifics -- and then finally noted his multiple public offices.
But that, of course, was perfectly legal. The list of dual officeholders is long.
I do believe the James case had victims. Cynicism accumulates when an official is convicted, and it more deeply buries chances for reform. Corruption is a self-fulfilling prophecy -- there are victims when the good do nothing.
And federal prosecutions should be reserved for crimes that do have victims. Violent crimes. The plague of guns transported across state lines. Wretched housing from which some -- often out-of-staters -- garner profits. Violation of labor and product-safety laws. The big business in illicit drug transportation and sale.
Diverting resources from these crimes creates victims. But they aren't as much fun to read about.
Sharpe James had a good run. He lived well and enjoyed his perks and powers openly enough, brashly enough, foolishly enough to earn the contempt of many who will feel justice is done when he is sent to prison for this perfect crime.
Me, I won't mourn for yet another Newark mayor convicted of something.
For decades, I've seen them come in a celebrated burst of good feeling, all promising the bright dawn of a new era.
Then I've seen them go into the dark night of disgrace, surrounded by federal marshals. Always, with some happily indignant prosecutor insisting important lessons have finally been learned.
Bob Braun's columns appear Monday and Thursday. He may be reached at (973) 392-4281 or at
rbraun@starledger.com.
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