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Were You Set Up by The Police?

In 2010, one of the country’s largest undercover operations in recent memory revealed a web of crime and deception involving some of New Jersey’s politicians, businessmen and rabbis. The events following the arrests of the perpetrators have become almost as legendary as the crimes themselves.

“The Jersey Sting”

Authorities arrested over 40 New Jersey residents on a single day in 2009. The case, which became dubbed “The Jersey Sting” by the investigative journalists who reported it, involved a complicated money laundering scam. Most of the evidence in the subsequent trials centered on the role played by Solomon Dwek. Mr. Dwek, who had already been charged with separate money laundering offenses, was working on behalf of the FBI to implicate the ringleaders of the scam.

One of the most high-profile defendants was Harvey Smith, a Democrat Assemblyman at the time. Mr. Smith claimed, in his defense, that he was a victim of entrapment and not guilty of any crime. The jury hearing his case did not agree.

Burden of proof of entrapment is on the defendant

For the defense of entrapment to be successful, a defendant must show that either:

  • The law enforcement officials, or the agents acting on their behalf, misled the defendant into believing that his or her unlawful conduct was permitted
  • The defendant would not have carried out the illegal activity had it not been for the inducement or encouragement of law enforcement or their agents.

Entrapment is not available as a defense to violent crimes involving bodily injury or the threat of bodily injury. The defendant must prove by a preponderance of evidence that he or she committed the offense as a result of entrapment.

Police and law enforcement are entitled to use covert tactics to uncover crimes, but are not permitted to push people to commit crimes that they would not have otherwise committed.

If you think that you have been trapped into committing a crime, you need a seasoned criminal defense lawyer to assess the strength of this claim and help you prove your case. The lawyers at the New Jersey firm of Hoffman DiMuzio have been successfully defending clients charged with committing serious crimes for more than 35 years.

Publication approved by Leonard L. Grasso, Jr., Associate of Hoffman DiMuzio

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Joseph J.  Hoffman, Jr. Attorney Photo
Joseph J. Hoffman, Jr.
Senior Partner

For more than 40 years, Mr. Hoffman has protected the interest of his clients through diligence and hard work on legal matters, both large and small. An honors graduate of Rutgers University Law School and a native of Gloucester County, Mr. Hoffman has won numerous accolades for excellence in the practice of law.

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Kenneth A. DiMuzio, Sr.
Senior Partner

An attorney with over 45 years of professional experience, Mr. DiMuzio concentrates his practice on personal injury and workers’ compensation matters. A graduate of Georgetown University Law School and a native of Gloucester County, Mr. DiMuzio has been honored time and again for his professionalism and ethics in the practice of law.

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Ernest L. Alvino, Jr.
Attorney

About Ernest L. Alvino, Jr. concentrates his practice in the area of workplace injuries; construction accidents; product injuries; trucking accidents; auto injuries; medical negligence and crime victim advocacy. Ernie is a lifelong Gloucester County resident, living in Mullica Hill with his wife and children. Ernie worked his way through school as a Teamster and construction…

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Jeremiah J. Atkins
Attorney

About Mr. Atkins joined the firm of Hoffman DiMuzio in February 2010. Mr. Atkins represents individuals and corporate clients in commercial and employment litigation. Mr. Atkins’ practice covers a wide variety of employment-related matters before New Jersey State and Federal courts, with a focus on discrimination, retaliation, sexual harassment, family leave and whistleblowing claims. Mr.…

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Peter J. Bonfiglio, III
Attorney

About Mr. Bonfiglio concentrates his practice in the area of municipal court with an emphasis on defense of individuals charged with driving while intoxicated and/or refusal to submit to a breath test. Pete resides in Gloucester Township, Camden County with his wife and two of his three children.  In addition to his law practice, he…

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