Arslanian Menendez requesting new trial
Says federal prosecutors prevented lawyers' help
By: Katie Sobko
NorthJersey.com
USA Today Network - New Jersey
..... Nadine Arslanian Menendez is requesting a new trial due to the "blatant violation of her Sixth amendment right to counsel of heir choice," according to documents filed by her attorneys in federal court.
.....
Menendez, the wife and co-defendant of former U.S. Senator Bob Menendez, was found guilty in April [2025] on 15 counts of bribery and fraud charges.
..... Arslanian Menendez's attorneys are arguing that because of one of the superseding indictments during the ongoing case, prosecutors crated a potential conflict between her and her attorney at the time, David Schertler.
..... According to the filing, prosecutors said during hearings that they intended to call Schertler as a witness, and since no arrangement could be settled on, "Schertler, an extremely well-regard and experienced lawyer whose team been working on the matter for nearly two years, was forced to withdraw from the case due to the conflict."
..... Schertler was not called to testify and was not mentioned.
..... "If Mrs. Menendez had known that there was no longer any conflict, Mrs. Menendez would have elected to bring Mr. Schertler and his firm back into the case at any point, up until the last day of trial," the filing states. "whether the government's conduct was careless or intentional, the result is the same: Mrs. Menendez's fundamental constitutional rights were violated. This was a fundamental structural error that requires a new trial."
..... Arslanian Menendez is requesting an acquittal or a new trial as a result.
..... As it stands, she will be sentenced in September. [2025] The former senator is expected to report to prison on June 17. [2025]
..... Two of their other co-defendants, businessmen Wael Hana and Fred Daibes, have begun serving their time.
..... The federal indictment against the group was first unsealed in September 2023 and was updated with superseding indictments three times - i October of that year [2023] and in January and March 2024.
..... Menendez, his wife and three New Jersey businessmen - Hana, Daibes and Jose Uribe - were charged with orchestrating a bribery scheme. Menendez and his wife allegedly received, among other things cash, gold bars, and a luxury car in exchange for the use of his political influence.
..... Uribe eventually entered a plea agreement with prosecutors, entering a guilty plea and testifying against his co-defendeants in court.
..... Arslanina Menendez was initially supposed to be tried alongside Menendez, Daibes and Hana, but her trial was delayed because she was diagnosed with breast cancer.
..... The former senator was sentenced to 11 years in prison, Hana more than eight years and Daibes seven years. Daibiles was fined $1.75 million; Hana was fined $1.3 million. All three are appealing their cases.
.....
Uribe was supposed to be sentenced on April 24. [2025] Giving the delayed start of Arslanina Menendez's trial, he will now be sentenced on September 4. [2025] According to a plea agreement, Uribe could face up to 95 years in prison.