Lawyers for New Jersey Democratic co-defendants Wael Hana and Fred Dives said in opening statements Thursday that the federal case in the corruption prosecution of Sen. Bob Menendez amounts to mere joint and several charges.
Hannah’s attorney, Lawrence Lustberg, told the jury the prosecution’s case criminalizes friendship, gifts and business success after failure.
He argued that the charges against his client were of guilt by association and that he could not be found guilty as a matter of fact, and urged the jury to consider to what extent this matter was of guilt by association.
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Lawyers for co-defendants Wael Hana (left) and Fred Dives (right) deliver opening statements Thursday, May 16, 2024, in the federal corruption trial of Sen. Bob Menendez. (Bloomberg/Contributor)
Rustberg said Hana and the senator’s wife, Nadine Menendez, “supported each other emotionally and financially, like brother and sister. They cared for each other.”
The defense portrayed the relationship between the two as one of mutual aid rather than corruption. Nadine helped Hana rebuild his life after a setback, and Hana helped Nadine with a loan when he faced financial difficulties.
They exchanged gifts and Hana became more lavish as her business flourished. The defense urged jurors to weigh the evidence fairly, highlighting cultural norms regarding gifts, and in particular the exchange of gold bars, which is common in the Middle East.
“Listen to the evidence with an open mind,” Rustberg said.
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Menendez is accused of a federal bribery scheme. (Getty Images/Department of Justice)
The defense refuted the bribery allegations by emphasizing Hana’s rejection of Nadine Menendez’s request for additional financial aid. They claim that loans, not bribes, were given and repaid accordingly.
Rustberg also disputed the concept of quid pro quo, emphasizing the benefit of Hana receiving a contract based on his professional credentials rather than undue influence from Menendez.
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Similarly, Duives’ attorney, Cesar de Castro, emphasized that the jury would impose a presumption of innocence on his client.
He paralleled the defense’s arguments with those of Hana’s attorney, emphasizing the importance of long-standing friendships and legitimate investments rather than corruption allegations.
Mr. de Castro acknowledged that the customer had exchanged gold bars for cash, but dismissed it as an innocent act and not bribery. He emphasized Duives’ generosity and her wealth, portraying her as a philanthropist who invests in her loved ones.
Wael Hana will leave the federal courthouse in New York on September 26, 2023. (AP Photo/Seth Wenig)
All three alleged co-conspirators have pleaded not guilty, but co-defendant Jose Uribe, who will not testify this week, has pleaded guilty and agreed to testify against the other defendants. The senator’s wife, Nadine, has also been charged and has pleaded not guilty, but her trial has been postponed until at least July due to her health issues as she battles stage 3 breast cancer. The case could extend for six to eight weeks.
This is the second time in a decade that Menendez has been charged in a federal corruption case.
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Menendez was charged by federal prosecutors with obstruction of justice in a superseding indictment unsealed in March relating to a multi-year bribery scheme involving the Egyptian and Qatari governments.
The 18-page indictment accuses Menendez and his wife, Nadine, of acting as foreign agents and accepting hundreds of thousands of dollars in bribes to benefit the Egyptian government through Menendez and his power and influence. This is a compilation of existing charges against co-defendants, including: As a senator.
