School Board Attorneys Indicted for Complicity in Free-Lunch-Plan Scam

, New Jersey Law Journal

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Capece’s sole involvement upon learning Donoso’s wife had inaccurately sought school lunches was to recommend withdrawal of the application, and he “did everything he could to rectify the inaccuracies,” DeGroot said.

“Instead of recognizing Mr. Capece’s good faith attempt and recommendation to withdraw the application, the State has elected to give a sinister meaning to every action,” he added, noting the records were kept by others and compliance with the subpoenas was under the control of others.

Nelson did not return a call and his lawyer, Timothy Donohue of Arleo, Donohue & Biancamano in West Orange, could not be reached.

Donoso was also indicted, charged with the same crimes as the lawyers except for conspiracy.

The indictments were handed up to Mercer County Superior Court Judge Thomas Sumners Jr., who transferred the matter to Union County.

Oviedo-Arevalo, who claimed her household income was only $13,000 when it exceeded $50,000, was charged with filing false applications but was admitted to pretrial intervention in August and paid $1,700 in restitution.

Munn has since stepped down as board president and her trial is scheduled for Jan. 27.

Capece, Perth Amboy’s city attorney  from 2005 to 2008, was a Corporation Law Revision Commission member from 1978 to 1982, and served on the Supreme Court Committee on Professional Corporations in 1981.

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