Attorney seeks dismissal of tax fraud indictment against former commissioner

The attorney for former Sussex County Commissioner Bill Hayden is expected to file a motion to dismiss the tax fraud indictment against his client by next week.

In an April 20 appearance in Sussex County Superior Court, Severiano Emile Lisboa told Judge Janine Allen he will file a motion to dismiss the indictment, likely in time for Hayden’s June 1 court appearance.

Hayden also rejected an offer of a probationary sentence in exchange for ending employment as a permit supervisor with the New Jersey Department of Transportation. He is currently suspended without pay because of the charge against him.

Hayden nor his attorney would comment on the matter.

At his arraignment last September, Hayden pleaded not guilty to one count of filing a fraudulent tax return, a third-degree crime. He is accused of falsely claiming veteran status on a tax return.

According to the prosecutor, Hayden assisted his then-wife in the preparation of their New Jersey Gross Income Tax Return for the tax year ending Dec. 31, 2019. On it, the box “Spouse/CU Partner Veteran” was marked, indicating that Hayden is a veteran although he is not.

As a result, it is alleged, Hayden received a $6,000 exemption to which he was not entitled, resulting in the avoidance of about $382 in taxes.

His term as a commissioner expired at the end of last year. He did not seek re-election. He is due back in court at 1:30 p.m. on June 1.