WILDWOOD, NJ — In an ongoing effort to bring three former New Jersey elected officials to trial, a State Grand Jury in Trenton has re-indicted Wildwood’s Mayor Pete Byron, former Mayor Ernest Troiano Jr., and current City Commissioner Steve Mikulski on 12 counts of official misconduct, theft by unlawful taking, tampering with public records, and falsifying or tampering with records.
The indictment came from their alleged fraudulent participation in the State Health Benefits Program (SHBP). The charges were reinstated after a previous dismissal without prejudice last month.
The indictment resulted from a thorough investigation into the defendants’ eligibility for the SHBP. Under New Jersey law, elected officials must be full-time employees working 35 or more hours per week to be eligible for publicly funded healthcare benefits. However, the investigation revealed that Byron, Troiano, and Mikulski were never eligible under this definition, as they did not maintain a full-time work schedule or receive benefits like vacation, sick, or personal days.
Despite their ineligibility, it is alleged that all three defendants fraudulently enrolled in the SHBP and received publicly funded health benefits. The initial indictment was made back in March, but the case faced a setback when it was dismissed on a technical deficiency by New Jersey Superior Court Judge Bernard DeLury Jr. in Cape May County on June 23.
Attorney General Matthew J. Platkin expressed the significance of the grand jury’s decision to re-charge the case, stating, “Today’s decision by the grand jury demonstrates the sufficiency of the evidence supporting these charges and the validity of this case, which we intend to prosecute to the fullest extent of the law.”
The fraudulent scheme allegedly began when Troiano and Byron, elected to Wildwood’s City Commission in 2011, passed a resolution that declared themselves full-time employees working at least 35 hours per week. However, evidence suggests that they did not work the claimed hours and falsely submitted timesheets indicating they did. As a result, Wildwood and the SHBP paid over $286,500 in premiums and claims on behalf of Troiano from July 2011 through December 2019, and paid over $608,900 in premiums and claims on behalf of Byron from July 2011 through October 2021.
Steve Mikulski, who became a City Commissioner in 2020, also allegedly enrolled in the SHBP despite not meeting the full-time work requirements. Wildwood and the SHBP have paid over $103,000 in premiums and claims on his behalf through October 2021. Moreover, it is alleged that Mikulski knowingly made false statements in a “Health Benefits Enrollment and/or Change Form” submitted to the City of Wildwood.