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NJ developer Fred Daibes wants acquittal and new trial in Menendez case

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The New Jersey construction contractor and one of the businessmen found guilty along with Senator Bob Menendez of bribery, fraud and obstruction of justice has asked for an acquittal and a retrial, arguing that the evidence was insufficient after his conduct regarding the gifts was not admitted as evidence in the months-long trial.

Fred Daibes, a prominent Bergen County contractor, said in documents filed Monday in U.S. District Court for the Southern District of New York that he should be acquitted of all charges and be given a new trial based on three main points:

  • Daibes' conviction was not supported by the evidence and was based on improper speculation and inferences by the jury.
  • The court’s failure to consider Daibes’s gift evidence, combined with the government’s improper references to gifts, resulted in a manifest injustice
  • In 33 motions and legal opinions, Daibes also includes all other arguments put forward by co-defendants Menendez and Hana.

Daibes was found guilty of multiple counts of bribery and obstruction of justice. Prosecutors alleged he bribed the senator with cash and gold bars to further his business dealings with Qatar.

Daibes is facing federal charges of bank fraud. Prosecutors said the senator recommended that President Joe Biden appoint a U.S. attorney whom he could influence in Daibes' favor.

In 2018, Daibes was indicted in federal court on 14 counts of evading loans through a bank he founded and later chaired.

In the bank case, the government said Daibes and Michael McManus, chief financial officer of Edgewater-based Daibes Enterprises, used other people not named in the indictment to secure millions of dollars in loans. The loans were used to benefit Daibes without the knowledge of the bank or Federal Deposit Insurance Corp. regulators, prosecutors said. The activities allegedly took place from 2008 to 2013.

Days after Menendez was indicted in the bribery and corruption case in October, the judge in that case rejected Daibes and McManus's settlements in the bench case. Daibes later withdrew his settlement.

Daibes' trial is scheduled to begin in October in federal court in Newark.

Menendez is expected to resign from his Senate seat on Tuesday and late last week withdrew his independent candidacy for this fall.

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