The Bergen Record

Federal courts reject ex-police sergeant’s appeal

Cheff wanted conspiracy conviction overturned

- Joe Malinconic­o Joe Malinconic­o is editor of Paterson Press. Email: editor@patersonpr­ess.com

PATERSON — Michael Cheff, the former Paterson police sergeant convicted for his role in supervisin­g the notorious “robbery squad” of rogue cops, has lost his bid to get his conspiracy conviction overturned.

The United States Court of Appeals for the 3rd Circuit did not buy Cheff ’s argument that he had not conspired with the five convicted patrol officers he supervised — all of whom testified against him at trial.

Cheff began serving his prison sentence in January at the Gilmer Federal Correction­al Institutio­n in West Virginia.

He is scheduled to be released on Feb. 6, 2025, according to the Federal Bureau of Prisons.

Cheff’s lawyer, Geoffrey Rosamond, declined to comment on the appeal court’s ruling.

The attorney said no decision has been made on whether to ask the U.S. Supreme Court to intervene.

“The evidence in this case was sufficient for a rational trier of fact to find beyond a reasonable doubt that Cheff was a member of the conspiracy,” the appeals court said in a decision issued last month. “Cheff was the supervisor of the Robbery Squad while its members were committing illegal acts.

“There was a demonstrat­ed level of mutual trust between Cheff and the members, who considered him to be “part of the team” and understood that he would look out for them,” said the appeals court. “Members of the Robbery Squad specifically went to Cheff to get reports signed off instead of their other supervisor. And Cheff accepted cuts of stolen money from patrol officers and maintained an establishe­d method of payment with the Robbery Squad.

“Further, Cheff assisted the Robbery Squad in evading the suspicion of Internal Affairs by alerting members when Internal Affairs became suspicious,” the court said.

“Cheff contends that he simply had a laissez-faire attitude toward the actions of the Robbery Squad, but that there was no agreement to work toward a common goal. However, evidence of a concerted cover-up suggests that crimes ‘were undertaken as part of an agreement, as opposed to having been random, uncoordina­ted acts.’”

One of Cheff’s co-conspirato­rs, Matthew Torres, was given probation for his role in the robbery squad crimes, which included shakedowns and beatings of people the officers illegally stopped. Daniel Pent, another cop convicted in the case, completed his prison term on Sept. 22, federal correction­s records show.

The other three — Eudy Ramos, Jonathan Bustios and Frank Toledo — are scheduled for release in February and March of 2024.

The city of Paterson has filed a lawsuit against the six crooked cops, seeking

The United States Court of Appeals for the 3rd Circuit did not buy Michael Cheff’s argument that he had not conspired with the five convicted patrol officers he supervised — all of whom testified against him at trial. Cheff began serving his prison sentence in January at the Gilmer Federal Correction­al Institutio­n in West Virginia.

reimbursem­ent for the $438,000 in pay they received while being on administra­tive leave during the time between their initial arrests and conviction­s.

The judge handling that civil case has determined that five of the criminals — all except Cheff — have defaulted in the litigation, essentiall­y because they did not defend themselves. Lawyers familiar with the case said Torres, Toledo, Bustios, Pent and Ramos likely defaulted because they do not have any savings or other assets that could be seized in the litigation.

Cheff has contested the city’s reimbursem­ent lawsuit.

Paterson is trying to recoup $309,054 from him.

 ?? KEVIN R. WEXLER/NORTHJERSE­Y.COM ?? Paterson Police Sgt. Michael Cheff, right, is seen leaving federal court in Newark in 2020. His attorney says no decision has been made on whether to ask the U.S. Supreme Court to intervene after the appeal was denied.
KEVIN R. WEXLER/NORTHJERSE­Y.COM Paterson Police Sgt. Michael Cheff, right, is seen leaving federal court in Newark in 2020. His attorney says no decision has been made on whether to ask the U.S. Supreme Court to intervene after the appeal was denied.

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