The trial of the wife of convicted federal Sen. Robert Menedez on corruption charges has been postponed indefinitely, but sources say she faces an uncertain future with mounting legal costs and the possibility of losing all her income and health insurance.
Nadine Arslanian, 57, who is currently battling breast cancer, was devastated when her husband, 70, a New Jersey senator, was found guilty this week of 16 felony counts, especially since she is also on trial on the same charges.
Even before his guilty plea, Arslanian has been working out his final legal strategy with his lawyers, and experts say he may plead guilty to bribery and other charges in exchange for a lighter sentence.
“A plea bargain is always possible,” said Ben Brafman, a prominent Manhattan criminal lawyer who is not involved in the case.
“he [Menendez] She has shifted all the blame onto herself as a defense, but that leaves little room for her own trial.”
Menendez’s legal strategy included arguing that Arslanian “failed to inform the defendants” that he was receiving cash from three New Jersey businessmen for a Mercedes convertible and mortgage payments on a home in Englewood Cliffs, New Jersey, his lawyer, Adam Fee, said in closing arguments last week.
But the jury rejected that defense, and Menendez faces more than 200 years in prison when he is sentenced in October. Until then, he is free on bail.
A friend of the couple told The Washington Post that Arslanian may be considering a plea deal because he is concerned about the cost of legal fees, the possibility of spending years in prison and potentially losing the couple’s home.
The house belonged to Arslanian and was given to her in her divorce from her first husband, Rafi Arslanian.
“Pleading guilty could result in a lighter sentence,” Brafman continued.
Mark Eisenstein, a Washington, D.C., attorney representing Arslanian, declined to comment Wednesday.
When federal authorities first indicted the men on bribery charges in September, they imposed a “lis pedens” (Latin for “pending litigation”) on the Englewood Cliffs property, blocking its sale, according to public records.
This legal document effectively prohibits the sale of the property until a final judgment is entered.
Federal authorities also seized about $500,000 in cash and gold bars stuffed in locked closets, jacket pockets and old shoes in the couple’s home.
Following Menendez’s conviction this week, the couple also stand to lose their senator health insurance and retirement benefits. The STOCK Act, passed in 2012, provides penalties that strip senators of their retirement benefits if they are convicted of a corruption-related felony.
Senator Menendez receives an annual salary of $174,000 as a senator, and as a member of the House of Representatives with more than 30 years of government service, he is entitled to an annual pension of approximately $140,000, as well as lifetime health care benefits for his wife and son. U.S. Office of Personnel Management.
Menendez has served in the Senate since 2006 and previously represented New Jersey’s 13th Congressional District in the House of Representatives since 1993.
Analysts say Menendez, who is facing pressure from Senate Majority Leader Chuck Schumer to resign immediately, is likely to ignore the request.
“The growing calls for Senator Menendez to give up his biggest bargaining chip – his Senate seat – belies the fact that as a convicted felon, he faces the possibility of losing his retirement benefits, while his wife, Nadine, is battling breast cancer and facing criminal charges related to Senator Menendez’s allegations,” said Thomas Anderson, president of Last Government Watchdog.
People who have known Menendez for years say it’s unlikely he would voluntarily give up his Senate seat.
“He’s not going anywhere,” said Hank Sheinkopf, a political strategist who has known Menendez for 35 years. “You look at Menendez’s record and you know him better than to underestimate him. He’s not a guy that’s going to lose easily.”
Menendez, who is running as an independent in November, could seek a presidential pardon no matter who wins the White House in November.
Political analysts say his independent run could split the vote of his Democratic rival, Rep. Andy Kim (D-New Jersey’s 3rd District), and potentially boost a Republican candidate to his Senate seat.
Experts say Biden may have a better chance of granting a pardon if Senator Menendez withdraws from the race and does not split the vote, but some also believe former President Donald Trump could also grant one.
“My thoughts and prayers are with former President Trump and all those affected by today’s rally,” Menendez said in a post on X, shortly after Saturday’s assassination attempt on Donald Trump in Butler, Pennsylvania. “I’m glad he’s safe.”
The senator has also vowed to appeal the conviction, likely focusing on evidence presented by the prosecution that may violate the Speech and Debate Clause, which protects lawmakers and their staff from lawsuits arising from their government activities.
During the first few days of the trial, Menendez’s defense team sought a mistrial, citing the speech and discussion clause. According to Politico.
Menendez was convicted of acting as a foreign agent in both Egypt and Qatar. The jury found him guilty of ghostwriting letters on behalf of Egyptian officials to secure tens of millions of dollars in U.S. military aid, as well as introducing co-defendant Daibes to Qatari royals who secured nearly $100 million in investments for one of his New Jersey development projects.
“I am deeply disappointed in the jury’s decision,” Menendez said Tuesday after a 12-member New York jury found him guilty.
“I believe this verdict is contrary to law and fact and I am confident that I will prevail on appeal. I have never violated my public oath.”
Two of Menendez’s associates, Wael Hana and Fred Dibes, were co-defendants in Bob’s trial and were convicted on Tuesday.
The third, insurance executive Jose Uribe, took a plea deal and became the prosecution’s star witness in the 10-week trial that detailed a wide-ranging corruption and bribery scheme in which Menendez offered favors to public officials to obtain cash and gold bars found in his home.
On Monday, the day before the verdict, a federal judge said Arslanian’s trial had been postponed indefinitely but did not give a reason why.
