BY LINH TAT
STAFF WRITER |
THE RECORD
NEWARK – Attorneys for Joseph M. Sanzari argued in federal court Wednesday for an order that would bar his opponents in a civil lawsuit from making public any statements that would link the prominent public works contractor to alleged criminal conduct or Mafia-related activities.
Sanzari and two of his companies are accused of dumping 6,000 cubic meters of hazardous waste on a leased property in North Bergen, according to a 2013 lawsuit filed by the landlord, AMA Realty of Allendale. It alleged the waste came from an asphalt-recycling operation next door that the defendants owned.
AMA further alleged that Sanzari had been aided by Pure Earth Inc., a Pennsylvania-based firm that operated the recycling plant under an agreement with company officials. In its complaint, AMA noted that, at the time Pure Earth ran the operation, it was banned from doing work in New York City for concealing its ties to organized crime, according to records from the City of New York Business Integrity Commission.
Sanzari's lawyers have denied any wrongdoing by their client or his companies. The issue they argued Wednesday stems directly from one of the laws under which he is being sued — the federal Racketeer Influenced and Corrupt Organizations Act.
So-called RICO laws are a key weapon in the arsenal of federal prosecutors in their battle against organized crime. But they may also be used by private parties in civil cases where plaintiffs claim they have been damaged by an ongoing "enterprise" or racket. Successful claimants are allowed to collect triple damages.
On Wednesday, Henry Klingeman, attorney for Sanzari, argued before U.S. District Court Judge Steven C. Mannion that a protective order should be invoked, saying his client is a successful businessman who's "entitled to his good name."
In his brief, Klingeman said that an attorney for AMA had referred to the property as a "crime scene."
"The plaintiff should not be defaming Mr. Sanzari," said Klingeman, who argued that the plaintiff's claims were being repeated by the news media.
Klingeman said protective orders are invoked regularly in patent or financial cases to keep sensitive information out of the public eye.
"I'm not asking for anything we don't do every day," he said.
But attorneys for the plaintiffs saw it differently.
John Daniels, an attorney for the plaintiff, said the defense team was trying to divert focus from the heart of the case.
"This is not a defamation [case]," he said. "This is a racketeering [case]."
Another attorney for the plaintiff, Paul Batista, called the move "unprecedented" and an attempt at "choking off all press commentary."
Batista later characterized the requested protective order as "sweeping" during a private interview after the hearing.
If the order were to be granted, discussions of activities Sanzari is accused of "would most likely be sealed entirely or so heavily redacted that … [no] outside observer would be able to understand what the facts are," he said.
The order sought by Sanzari's lawyers would keep any statements by the plaintiff or its attorneys relating to alleged criminal conduct and racketeering by Sanzari from being "filed in a public pleading or on the public record." The order they seek would prohibit references including but not limited to "Mafia,""organized crime,""La Cosa Nostra,""mob,""mob-related" and "crime scene."
The judge said Wednesday that he would rule on the matter by June 1.
Email: tat@northjersey.com