Oral arguments set in Hayden bid to dismiss tax fraud indictment

Oral arguments for and against a motion to dismiss the tax fraud case against former Sussex County Commissioner Bill Hayden are set to take place next month in county superior court.

“The motion to dismiss the indictment has been filed and the state wants until July 17 to respond, which is appropriate,” Judge Janine Allen said during Hayden’s June 1 court appearance. “I’ll hear oral argument on July 21, and we will go from there. Depending on the argument, I may reserve my decision that day.”

The motion to dismiss, filed by Hayden’s attorney Severiano Emile Lisboa, was not immediately available Monday after court. Deputy Attorney General Christopher Scerbo will argue against the motion.

In April, Hayden 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.

Neither 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. Oral arguments regarding the motion to dismiss are set for 9 a.m. on July 21.