Official misconduct

2C:30-2.  Official misconduct

    A public servant is guilty of official misconduct when, with purpose to obtain a benefit for himself or another or to injure or to deprive another of a  benefit:

    a.  He commits an act relating to his office but constituting an unauthorized exercise of his official functions, knowing that such act is unauthorized or he is committing such act in an unauthorized manner;  or

    b.  He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

    Official misconduct is a crime of the second degree.  If the benefit obtained or sought to be obtained, or of which another is deprived or sought to  be deprived, is of a value of $200.00 or less, the offense of official misconduct is a crime of the third degree.

     L.1978, c. 95, s. 2C:30-2, eff. Sept. 1, 1979.  Amended by L.1979, c. 178, s. 61, eff. Sept. 1, 1979.

It is important to re-examine the facts and how they transpired with regard to this Levy Scandal and the public cover up that ensued.

 

Bob Levy was approached on or about the first week of September 2006, in a letter from Sgt. James Simmons, who served in the U.S. Army in the same era and war as Bob Levy.

 

Sgt. Simmons requested Bob Levy to verify his claims for military distinction and honor, now that Levy's claims were not "checking out" with Special Forces Headquarters, in North Carolina.

 

Levy NEVER responded to Sgt. Simmons. But instead, Levy intentionally leaked Sgt. Simmons' letter to a friend on WOND Radio, for them to knowingly spread

 complete falsehoods, with the intent to protect Levy and to further injure Sgt. Simmons', me and my brother Harry, the famous Talk Radio Show Host.

 

On October 9, 2006, I communicated in writing to Bob Levy, to inform Levy that I was aware of his smear machine in work, and to request Levy to (1) Release his full military Records, and (2) to at least release his Military Discharge Certificate DD 214, to verify his military claims that he utilized in a public campaign for Mayor of Atlantic City, NJ.

 

Levy NEVER responded to me either, even though I respectfully requested that he do so in writing.

 

It was at this point, after being dragged into this matter by Levy, that I initiated my own investigation.

 

It was strictly good fortune which steered me blindly into great people like Chuck and Mary Shantag, who for many years have operated the non-profit POW Network.

 

Chuck and Mary were the first people I contacted, after commencing my own investigation into this Levy scandal.

 

They were also the first people to respond to my request for help with this matter. I was very lucky to have met them.

 

Chuck and Mary Shantag have devoted a large part of their lives to exposing phonies, like Bob Levy, who have attempted to steal the honor and valor of others, in order to advance themselves (Levy) at the expense of the great heroes of our country.

 

On October 16, 2006, Kimberly Baldwin communicated in writing to The Press of Atlantic City in a threatening letter, designed in an effort to block The Press from printing a story on October 17, 2006, that would have revealed Levy as a fraud and phony Green Beret.

 

Baldwin stated that she was doing so "on behalf of Bob Levy and the entire Levy Administration".

 

Baldwin also represented that "Levy's complete military history, including Special Forces Service, may only be obtained through Levy's DD 214", and that Levy's "DD 214 would contain much more comprehensive information".

 

Baldwin further stated that "Levy's DD 214 cannot be released without his written consent", and that Levy would not authorize the release of the document.

 

Baldwin concludes the letter to The Press, by threatening legal action on behalf of Bob Levy and the entire Levy Administration and says:  "we are demanding that Mr. Harper and The Press of Atlantic City cease and desist from printing any article alleging or implying that Mayor Levy's military service did not include an assignment to Special Forces. Should such an article appear in your newspaper, the Mayor is prepared to take legal action, including but not limited to a defamation action seeking monetary damages. Please be guided accordingly".

 

The result of this threatening letter to The Press by Levy and Baldwin was obvious; The Press killed the story that was to have run the next day on October 17, 2006.

 

It is interesting to note that, now that Levy has come partially clean about his fraud, Levy said on November 11, 2006, that "he did not authorize Kim Baldwin to write the threatening letter" to The Press.

 

Now, if this were true, why has Baldwin not been fired as a rogue Solicitor. And, who among us believes that Kim Baldwin acted alone, and by herself, in communicating such a direct and dishonest threat to The Press of Atlantic City?

 

And, lastly, why is not The Press as upset about the misuse of government by Levy, Baldwin and others as I and many others are?

 

I received this letter of threat by Baldwin to The Press, from a reliable informant.

 

I published the letter in a story for my brother, Harry's, web site on October 31, 2006.

 

This was a day after Harry and I broke the Levy scandal to the public, for the first time, and revealed that Bob Levy was never a Green Beret in Vietnam or anywhere else in the world.

 

Once it became obvious that Levy, Baldwin and others were hiding behind the information that was purportedly located within Levy's DD 214 Military Discharge Certificate, I proceeded to do further investigation.

 

I interviewed a former Solicitor for the City of Atlantic City, who also happened to be a Vietnam Era Veteran.

 

This Solicitor informed me that they were required "as a condition of employment" to place their own DD 214 Certificate on file within the city of Atlantic City.

 

The former Solicitor also said they "could not even be paid their salary, until such time as their own DD 214 was placed on file with the city".

 

I interviewed other experts in records, who informed me that "once a document is placed on file within a municipal or county government, the document then becomes a matter of public record".

 

So, on November 4, 2006, I filed a written "Open Request for Public Information" with Rosemary Adams,  City Clerk for the City of Atlantic City, wherein I requested a true copy of the DD 214 Certificate that their own policies required to be on the public record for Robert William Levy, Sr.

 

The city has 7 days to respond to requests for information, such as mine.

 

It was during this period of waiting that I received reliable information from my brother, Harry, that Levy or someone working on behalf of Levy had removed his DD 214 Certificate from the files of Atlantic City government.

 

On Thursday, November 9, 2006, I telephoned the Atlantic City Clerk's Office and asked to speak with Rosemary Adams.

 

It is important to note, that Rosemary Adams was reported as in, until such time as I was asked to identify myself, and than Adams was "not in the office any more".

 

I asked to speak with whomever was in charge, and the Assistant Clerk got on the phone to speak with me, and informed me that she had no knowledge of my request for information.

 

I asked the Assistant Clerk to please investigate and to call me back with a status report regarding when I would receive the public information.

 

I also informed the Assistant that I had reliable information that Levy's DD 214 Certificate had been removed from the files of city hall, after my request to obtain it was submitted.

 

It should be known that I never got a return phone call and decided to call back city hall at approximately 4:00 PM this same day, as I knew that a long holiday weekend was about to begin in observance of Veterans Day. (How ironic!).

 

I asked, again, to speak to Rosemary Adams, who this time was in a meeting that would never end.

 

So, I spoke with the Assistant Clerk again, who placed me in contact with a nice female worker who said that a letter had been drafted and mailed to me in response to my request for information.

 

It is important to note that I asked to "pick up my information, not have it mailed". I then asked the female if she would read me the contents of the letter, which after some prodding and obtaining permission from someone, she did.

 

To highlight the content of this letter, which I have still not received a copy, it goes something like this:

 

"On behalf of Bob Levy, his Military DD 214 Certificate is not on file with the city, as he began employment at a young age, before he (Levy) was a member of the Armed Forces".... "and, even if the document was in the files of city hall, we would not release it to you", Signed Kimberly Baldwin, Solicitor and Threatener-In-Chief, for Bob Levy.

 

I am, of course, paraphrasing as I still do not have a copy of this letter that the city claims that they have mailed to me.

 

To advance the case for this deception and cover up by Levy and his associates even more, I was listening to WOND Radio on Saturday, November 11, 2006 in the late afternoon.

 

The host and friend of Levy, who has participated in this effort with Levy, was speaking with a caller on the live radio airwaves.

 

This was the host that directly participated with Levy and others to leak Sgt, James Simmons private communication to the world via the World Wide Web, in an effort to smear Simmons', me and my brother, Harry.

 

The caller was chastising this host for being wrong in everything they had done to cover for Bob Levy, and asked the host if they had "seen any proof" to have conducted themselves in the way that they did on behalf of Bob Levy.

 

This WOND host went on to state that Nicolas Moricci, Spokesman and aide to Mayor Bob Levy, forwarded the host military documents that had been altered to represent that Levy had served in the Green Berets.

 

We know that the documents were altered, because it has been confirmed, and even Levy in his lame apology, has admitted that "he was never a Green Beret".

 

I am referring this incident to the federal government for action, as I believe that  it is a federal offense to alter, tamper or misrepresent military records in writing.

 

It should also be known that I have audio recordings of this host on air, that documents their involvement with Levy officials in the advancement of this cover up during the course of several days.

 

These audio recordings of WOND radio broadcasts are complete with threats, and promises of punitive actions against me, my brother Harry and others who were pursuing the truth in this Levy matter.

 

Now after 26 days, The Press of Atlantic City finally published the story, after I suppose me and my brother, Harry, were not sued, kidnapped or killed, and it was safe for them to come out and play, after we broke the story and took all of the shots for everyone.

 

I have often remarked in fun, "it must be true, now, it's in the newspaper".

 

It has always been true: Levy never was, and never will be, a member of The United States Army Special Forces, (The Green Berets).

 

It also true and must be said that Levy utilized these false claims to advance himself at specific periods throughout his entire life.

 

Whether Levy was gaining employment with the city of Atlantic City, seeking promotions in assignments, becoming the Chief of the Beach Patrol, Director of Emergency Management, Director of Emergency Services and now Mayor of Atlantic City....it was always predicated behind a big lie...that he was a rough and tough Green Beret.

 

Now the entire world knows this is a big lie, too.

 

It's time for Levy to remove the entire layer of corruption that permeates the government in Atlantic City.

 

Levy has, once again, made Atlantic City the butt-end for jokes all over the country and beyond. (Look for Leno and Letterman to have more fun at the expense of the good people of Atlantic City very soon).

 

Levy needs to fire all of the associates he was coerced to hiring into government positions by his Crime Boss, and he needs to leave the office of Mayor of Atlantic City immediately.

 

Levy should do the honorable thing, after living a lie for more than 4 decades. Levy said yesterday:  "If I did anything to bring disservice to them (The Real Green Berets), I apologize.

 

Disservice? Are you kidding?

 

This is not nearly good enough. I know this, because I have spoken with real Green Berets, who have informed me that it is not good enough for them.

 

Bob Levy has one more chance to get it right this time. He needs to fully and properly apologize to the real members of The United States Army Special Forces, for posing as one of them. 

 

Levy needs to honor the oaths he has taken on behalf of this country in the past, and the oath that he had taken upon the Quaran on January 1, 2006 as Mayor, and resign immediately after he removes his entire cabinet with him.

 

It is only then, that the severely needed cleansing of Atlantic City Government can begin. 

 

Bob Levy is disqualified from holding any position of public trust ever again.

 

It's time that someone who cares about Levy, and in whom he trusts, reminds him of this.

 

Respectfully,

 

 

Don P. Hurley