Michael Imbriani: Embezzlement, Tax Evasion, and Disbarment

Michael R. Imbriani was a New Jersey Superior Court judge in Somerset County who was removed from the bench in 1995, convicted of theft and federal tax evasion, and disbarred in 1997 after embezzling roughly $173,000 from a real estate corporation whose finances he managed on the side. Admitted to the New Jersey bar in 1957, he sat on the Superior Court for close to two decades before his career collapsed.

The Embezzlement Scheme

Throughout his judicial career, Imbriani also managed the finances of Community Medical Arts Building, Inc. (CMAB), which owned a medical office building at 515 Church Street in Bound Brook. His family held a 40 percent stake by 1982, and his role gave him unchecked access to the corporation’s bank accounts and investments.¹

Between 1987 and 1992, Imbriani misappropriated approximately $173,000 from CMAB using several methods:¹²

Endorsing tenant rent and real estate tax checks payable to CMAB and depositing them into his personal account, which accounted for about $98,000 of the theft.
Withdrawing roughly $29,000 directly from the corporate bank account for personal expenses.
Writing corporate checks to fictitious creditors, endorsing those checks in the payees’ names, and keeping the proceeds.
Taking between $15,000 and $35,000 from a Merrill Lynch investment account holding CMAB funds, without the other shareholders’ authorization.

The other CMAB shareholders eventually uncovered the scheme and brought allegations against him.

State Theft Charge and Sentence

Imbriani retired from the bench on May 1, 1994. Weeks later, on June 16, 1994, he pleaded guilty to third-degree theft by failure to make required disposition of property received under N.J.S.A. 2C:20-9.¹

The plea agreement allowed him to apply for Pretrial Intervention, a diversionary program that could have spared him a criminal record. The State agreed not to object if he paid $173,000 in restitution, roughly $5,000 in back state taxes, and performed 300 hours of community service. The PTI program director rejected his application, and both the Law Division and, on June 3, 1996, the Appellate Division upheld that rejection. The appellate court found that the theft involved a “large” amount, took place over “too long” a period, used “diverse” criminal methods, and left victims “too aggrieved” for PTI leniency, concluding that his acts were “purposeful and carefully planned.”¹

On March 8, 1995, Imbriani was sentenced on the theft charge to five years of probation and 300 hours of community service. He was ordered to pay $88,002.93 in restitution, the balance remaining after he had already repaid about $85,000, along with $5,314 in taxes on the stolen funds.¹

Federal Tax Evasion and Prison

Federal prosecutors separately pursued Imbriani for failing to pay federal income tax on the embezzled funds. He pleaded guilty to tax evasion on nearly $50,000 of the stolen money and was sentenced on December 11, 1996, in Federal District Court in Newark by Judge John C. Lifland.³ The sentence was two months in federal prison followed by four months of house arrest.⁴ He completed the prison term in 1997.⁵

Removal From the Bench

Although Imbriani had already retired, the Advisory Committee on Judicial Conduct investigated him separately. The ACJC found that his long-running management of CMAB’s finances violated the New Jersey Constitution and the Code of Judicial Conduct, which restrict judges’ outside business and financial dealings.²

On February 15, 1995, the New Jersey Supreme Court formally removed Imbriani from judicial office with his consent, holding that his “resignation from judicial office effectuates his removal from the judiciary” and that his “conduct is totally incompatible with continued judicial service.” The order permanently barred him from holding judicial office in New Jersey.⁶

Disbarment

Imbriani fought to keep his law license. The Disciplinary Review Board recommended disbarment, and he contested that recommendation before the New Jersey Supreme Court, asking for a lesser sanction such as suspension.¹

On June 27, 1997, in a unanimous 6–0 decision, the Court ordered him disbarred effective immediately and struck his name from the roll of attorneys. The Court held that his criminal conviction was conclusive evidence of guilt in the disciplinary proceeding, and it described his conduct as “extreme and extended,” involving “deceptive practices” and a “misappropriation of a significant sum of money over an extended period of time.” The justices concluded that disbarment was necessary to protect the public and maintain confidence in the legal profession.⁵

The Wider Somerset County Context

Imbriani’s prosecution came during a broader corruption scandal in Somerset County. The county’s chief prosecutor, Nicholas L. Bissell Jr., was indicted on 30 federal corruption counts, convicted in 1996, and sentenced to six to eight years in federal prison. Before he could be taken into custody, Bissell fled to Nevada and died by suicide in a motel room in Laughlin.⁷⁸

The same office’s misconduct contributed to the wrongful conviction of Isaac Wright Jr., who was sentenced to life in prison in 1991 on drug trafficking charges. In December 1997, a trial court reversed Wright’s remaining convictions after finding that Somerset County law enforcement officials had concealed evidence of an illegal search and that Bissell had hidden the terms of favorable plea deals given to witnesses who testified against Wright. The indictment was dismissed.⁹

1
FindLaw. In re Imbriani, 148 N.J. 531
2
Justia. In re Imbriani, Docket No. D-127-94
3
The New York Times. Ex-Judge Faces Jail Sentence
4
MyCentralJersey.com. Central New Jersey History
5
The New York Times. Ex-Judge Is Disbarred
6
vLex. In the Matter of Imbriani
7
InsiderNJ. The Nick Bissell Story
8
Oxygen. For Life, 50 Cent Drama, Isaac Wright Jr. Wrongful Conviction
9
Justia. Wright v. State of New Jersey