Former Sussex commissioner weighs PTI offer in tax fraud case
Newton. Former Sussex County Commissioner Bill Hayden was offered entry into New Jersey’s pretrial intervention program, which could dismiss his tax fraud charge if he forfeits current public employment and meets court-ordered conditions before his next Sussex County Courthouse appearance
Former Sussex County Commissioner Bill Hayden’s March 16 Superior Court appearance in Newton was adjourned to allow more time for the parties to agree on a pretrial intervention (PTI) that would result in the charge against him being dropped if he meets specific conditions.
“The state did not reject Mr. Hayden’s PTI application on March 16,” said Matthew Reilly, public information officer for the New Jersey Attorney General’s Office. “The state has offered to accept Mr. Hayden into the PTI program, conditioned on his forfeiture of present public employment. The matter was adjourned to April 20 pending further review of this offer by Mr. Hayden and his counsel.”
Hayden had no comment on the matter and attempts to reach his attorney, Severiano Emile Lisboa, were unsuccessful as of deadline.
Pretrial intervention is the state’s diversionary program for first-time offenders of non-violent crimes, allowing them to avoid criminal prosecution by completing up to three years of probation. Then the criminal charges are dismissed.
At his arraignment last September before Judge Janine Allen, 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.
After his not-guilty plea, state Deputy Attorney General Christopher Scerbo offered Hayden a sentence of probation if he pleads guilty and resigns from public office and employment.
Hayden works for the state Dept. of Transportation as a permit supervisor, though he is currently suspended without pay due to being charged. His term as a commissioner expired at the end of last year. He did not seek re-election.
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.
Third-degree charges carry a sentence of three to five years in prison and a fine of up to $15,000.