Defamation suit targets campaign flier

Defamation suit targets campaign flier
Suit seeks campaign records, unspecified monetary damages
BY KENNY WALTER Staff Writer
Less than two weeks after Councilman Brian Unger and Long Branch Mayor Adam Schneider faced off for the mayor’s seat, the two will be heading to court in a defamation lawsuit brought by Schneider.

In the days after his May 11 election victory over Unger, Schneider alluded to a possible defamation lawsuit against Unger over controversial campaign fliers.

On May 21, Schneider’s attorney, Vincent P. Manning, confirmed that a defamation suit was filed that day in state Superior Court in Freehold naming Unger, his campaign consultant Pat Politano and the Unger Change Team as defendants.

The suit targets a campaign flier sent out in the days before the election by the Unger campaign.

According to the two-count complaint, “On or about May 5 and May 6, the defendants made statements and produced, copied and distributed written material to third parties of and concerning Adam Schneider which communicated to and was understood by them that Adam Schneider had been bribed and that he in his capacity as an attorney … and as mayor of the City of Long Branch accepted the payment of money and other goods for services with corrupt intent to allow such payments to influence his actions, votes or opinions.”

The complaint states the allegations were communicated “with actual knowledge that the statements were false or with reckless disregard of their truth or falsity, thereby causing the plaintiff to sustain damages.”

In the second count, the complaint charges the defendants “engaged in a civil conspiracy to defame the plaintiff in order to obtain the benefits of public office.”

The suit seeks unspecified compensatory and punitive damages.

Unger could not be reached for comment for this article.

Manning described the mailer sent out by the Unger campaign that led to his drafting a letter on May 9 demanding an apology and retraction and a halt to further allegations from Unger and Politano.

According to Manning, of Manning, Caliendo and Thomson, Freehold, neither Unger nor Politano issued an apology.

“[The flier] states clearly in black and white, ‘Mayor Schneider bribed,’ ” Manning said in the interview. “That is a very serious allegation to make about somebody, particularly a public official.

“The only recourse Mayor Schneider has is to file a lawsuit against the people responsible and take the case to trial,” he added. “Put it in the hands of a jury to make a decision.”

Manning had previously addressed the allegations made in the campaign materials, which he said connected Schneider to an alleged bribe claim made by state’s witness and fallen local real estate tycoon Solomon Dwek during the trial of an Ocean County public official.

“Maybe it was taken out of context; either way, I think Mr. Unger should have done some due diligence to discover whether this is the kind of guy they want to rely on,” Manning said previously.

“They are relying on Solomon Dwek to say whether Mayor Schneider took a bribe; that is a weak foundation.”

Manning explained last week in an interview that using the Unger Change Team and the unnamed John Doe and ABC entities provides the option of adding more defendants after further investigation.

“Usually people form some sort of corporate entity in order to act, and I haven’t completed our investigation into it, but I would assume that the Unger Change Team was incorporated somehow,” he said. “The fictitiously named John Doe and ABC allow us to amend the complaint down the road if we can identify other people who are responsible.”

Manning said that Unger’s running mates currently aren’t being named.

“I don’t know if the people that were running with Unger have any responsibility to this,” he said.

According to the complaint, the defendants have 35 days to respond, or the court may enter a judgment against them. Depositions are scheduled for June 6.

The suit is requesting that Unger provide his records from the election.

“All books, records and documents in your possession, custody or control, created, maintained or used by you in 2010 for the Office of Mayor of the City of Long Branch, including but not limited to checkbooks, bank statements, ledgers, memoranda, correspondence, receipts and campaign literature,” the complaint states.

Manning said that there is no dollar amount currently attached to the suit.

“In New Jersey, it is not permissible to put a dollar amount in the complaint,” he said. “It is unspecified money damages, and as you move down the road, you try to negotiate the settlement.”

Contact Kenny Walter at

kwalter@gmnews.com.