A Morristown lawyer who pled guilty to records tampering to secure municipal contracts avoided prison on Friday, receiving three years’ probation and community service from a judge who said she can “do far more good…outside the prison cell.”
Elizabeth Valandingham, 49, was charged in connection with a state political corruption investigation that centered on her boss, attorney Matt O’Donnell. He pled guilty last week to corporate misconduct and conspiracy to tamper with records, and under a plea deal faces three years in state prison when sentenced in January.
State prosecutors argued that Valandingham should serve 364 days in the Morris County Jail for her role, to deter others who might view probation as merely “the cost of doing business” in New Jersey government.
Between 2013 and 2017, authorities charged, she helped secure at least $600,000 in legal work for O’Donnell’s now-shuttered Morristown firm, O’Donnell McCord, by falsely representing to Mt. Arlington and Bloomfield officials, and to the state Election Law Enforcement Commission, that the firm had made no political contributions in those towns.
In fact, nearly $250,000 of donations had been funneled through “straw donors” recruited by Valandingham and reimbursed by the law firm, according to state Deputy Attorney General John Nicodemo.
Valandingham’s repeated, deliberate actions duped the public, undermining “the very nature of our elections,” and undermined the integrity of the municipal governments she misled, Nicodemo said.
And lives were harmed: Valandingham “exposed her trusted loved ones to criminal charges as her straw donors,” Nicodemo said during a two-hour virtual sentencing before Superior Court Judge Robert Hanna.
Hanna said he grasped the need for deterrence, and strongly considered jailing Valandingham under terms of her plea deal. But in this case, he concluded, “I just don’t think it would do any good.”
Moved by 74 letters of support that extolled a lifetime of good works and charitable endeavors, Hanna said, “I think she is a good person at her heart. Obviously, (she) made very egregious mistakes. And I think she can do far more good through the community service…on the outside of the prison cell rather than sitting inside the prison cell.”
In addition to probation and 324 hours of community service imposed by the judge, Valandingham will forfeit her law license and is barred from seeking public contracts for a decade. She also must continue cooperating with state investigators.
Unlike O’Donnell, she won’t be required to make restitution. But she must pay a $75,000 “Public Corruption Profiteering Penalty.” She will pay $20,000 up front, with $500 monthly payments to follow.
Nicodemo said Valandingham could have faced up to five years in state prison if convicted on her initial charges– making a false representation for a government contract and misconduct by a corporate official, both second degree offenses. In April, she pled guilty to the downgraded charge of records tampering, a third-degree crime.
“This sentence will go on forever,” Valandingham said, choking back tears in the office of her attorney, Anthony Iacullo.
“I made a mistake. And while I know myself, I don’t get a second chance, I pray for forgiveness from my family and my friends and I beg the court for mercy when it comes to my freedom. And I’m just so sorry that… my mistakes led to something like this.”
Valandingham took responsibility for her actions, and said she already has suffered severe punishment. She’s been shunned, and mocked. Her roller derby name, Lawless Lizzie, made headlines and appears in Google searches. At times, she feared her phone was tapped and she was being followed. Unable to sleep or eat, she has sought counseling.
The judge described her as resilient.
“My life savings is gone, my professional earning power is gone. My good name is gone. All those things are gone. You know, I’m turning 50. So to start anew, I hope I am resilient, because it’s not easy,” Valandingham said in response.
Hanna said he could not understand the “disconnect” that led Valandingham down this path. Testimonials painted a glowing picture.
The daughter of a disabled Vietnam veteran, Valandingham worked multiple jobs to put herself through college and law school. She helped raise two younger sisters, and established college funds for her nieces.
During travels to six continents, she performed charitable works, buying rice for the poor and sending supplies to schools in Burma. Her roller derby team was active in the community. She volunteered as a public defender for 20 years, she said, and offered pro bono legal help to friends.
Iacullo pointed to O’Donnell as the mastermind.
Valandingham “basically was a good soldier,” a salaried employee who “did what was required,” from getting coffee and office supplies to “picking up (O’Donnell’s) clothes,” Iacullo said.
The state investigation has led to bribery charges against five public figures: A former Morris County Commissioner, a former Mt. Arlington councilman, a former Jersey City school board president, a former state Assemblyman, and a former Morris County commissioner candidate from Morristown.
A judge tossed the charge against the former Assemblyman, and the commissioner candidate got probation under a plea deal.
Arguing for leniency, Iacullo said it was unfair for the state to seek jail time for Valandingham while offering probation in the candidate’s case.
A form of probation called pretrial intervention also was offered to a handful of straw donors — including Valandingham’s brother-in-law–who were charged in connection with her case.
Valandingham ender her statement with a special apology, to the late Superior Court Judge Sybil Rappaport Moses — “a legend,” according to Hanna– for whom she clerked after law school.
“And I am sorry to Judge Moses in heaven, because I know she would not have wanted this for me…and I did let her down.”
