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• Edwin J. Jacobs

Edwin Jacobs, Partner of Jacobs & Barbone Law Firm

Edwin J. Jacobs, Jr., (Member-Partner) born Hasbrouck Heights, New Jersey, March 2, 1947; admitted to bar, 1971, New Jersey and U.S. District Court, District of New Jersey; 1982, U.S. Court of Appeals, Third Circuit; 1985, U.S. Supreme Court.

Education:  Rutgers University (B.A., 1968; J.D., 1971). Law Clerk to Hon. George B. Francis, Superior Court of New Jersey, 1971-1972. Associate Editor, New Jersey Law Journal, 1980-1986.

Voted:  New Jersey Superlawyer* in Criminal Law 2005-Present.

Listed:  The Best Lawyers in America 1991-2009, 2014, 2015; The National Directory of Criminal Lawyers. The Best Lawyers in NJ 2005-present. AV-RATED by Martindale-Hubbell Pier Review

Member: Atlantic County (President, 1981-1982) and New Jersey Bar Associations; National Association of Criminal Defense Lawyers; Association of Criminal Defense Lawyers of New Jersey (President, 1988-1989).

Headliner Cases:

• U.S. v. Salvatore Avena

  • In March of 1994, prominent Camden, New Jersey criminal defense attorney Salvatore Avena was indicted on racketeering charges after over 2 years of the FBI recording conversations among Avena and well-known mobsters which took place in his law office. Law enforcement officials claimed that the conversations between Avena and his co-defendants tied him to the Stanfa organized crime family and made him responsible for the attempted murder of Stanfa's rival Joey Merlino. The trial Assistant U.S. Attorney summed Avena up as a "lawyer gone bad," using the FBI tapes to make it seem like he was a lawyer who got too greedy and crossed over the line to the mob. If convicted, Avena could have faced up to 40 years in prison, but after a 10 week trial the Philadelphia jury acquitted him of nearly all charges, the most important being the attempted murder of rival Merlino. The jury deadlocked on some charges and the Government declined a retrial.

• U.S. v: Merlino, 349F.3d 144 (3'd Cir. 2003)

  • In June of 1999, Philadelphia Mob Boss Joey "Skinny" Merlino was indicated on 36 counts involving murder and conspiracy to murder, violent crime in aid of racketeering, extortion and conspiracy to extort, the operation of illegal sports bookmaking businesses, and thefts of goods in interstate commerce. Defended by Mr. Jacobs, Merlino was acquitted of the murder, attempt to murder, and drug charges, but found guilty on the racketeering charges. Although sentenced to 12 years for his racketeering engagement, Merlino is quoted "Ain't bad, better than the death penalty." As Philly.com summarized post-trial, Jacobs "was the alpha lawyer, the first chair in the power house group who dominated the defense."

• U.S. v. Ligambi (Criminal Action No. 09-00496-01)

  • The FBI and the Philadelphia Office of the United States Attorney investigated the Philadelphia Mob and its purported boss Joe Ligambi for 14 years. He was ultimately indicted for a racketeering conspiracy, including loansharking and gambling, both sports bets and illegal poker machines. In a first trial he was acquitted on most charges, but the jury was unable to reach an agreement on several counts of the Indictment. In a second trial, he was again acquitted of some charges, but the second jury was also unable to reach agreement on a couple counts. The second jury voted 10 to 2 for acquittal on the hung counts, so the U.S. Attorney decided not to pursue a third trial.

• U.S. v. Parrella, et al.

  • The United States Attorney for the Southern District of New York secured a racketeering Indictment against 76 defendants, all claimed to be members or associates of one of several organized crime families in New York City, Philadelphia and the State of Florida. The Government presented hundreds of hours of electronic surveillance, several undercover cooperating witnesses and defendants who went over to the Government side. Mr. Jacobs represented the only defendant who went to trial, Joseph Merlino, alleged in the New York Indictment to be the boss of the Philadelphia organized crime family. The case was tried in early 2018 and, after several days of deliberations, the jury was unable to reach a unanimous verdict, so the Judge declared a mistrial. Mr. Jacobs then negotiated for his client a plea agreement which included an admission of guilt to a minor gambling offense, resulting in a few months of incarceration.

• Flagship, et al. v. Alan P. Rosefielde, et al.
  432 N.J. Super. 421 (App. Div. 2013); 223 N.J. 218 (2015); 2019 WL 4927077 (App. Div. pct. 27, 2019)

  • Mr. Jacobs represented the plaintiff in this civil litigation brought by a timeshare sales company against its former COO and general counsel. Mr. Jacobs secured a judgment for his client rescinding three business transactions into which the defendant had wrongfully secured interests for himself along with an award of monetary damages and punitive damages and counsel fees. The Trial Court refused to order that the defendant disgorge any of his $1,000,000.00 in retainers, so Mr. Jacobs appealed to the Appellate Division of the Superior Court and then to the New Jersey Supreme Court, where he secured a reversal of that element of the Trial Court's judgment. The Supreme Court decision in this case is now the definitive New Jersey law on the topic of disgorgement of compensation paid to an unfaithful servant.

Reported Cases:

Division of Alcoholic Beverage Control v. Maynards, Inc., 192 N.J. 158 (2007); 927 A.2d 525 (N.J. 2007)
State v. Garron, 177 N.J. 147 (2003); 827 A.2d 243 (N.J. 2003)
Karins v. City of Atlantic City, 152 N.J. 532 (1998); 706 A.2d 706 (N.J. 1998)
Greenberg v. Kimmelman, 99 N.J. 552 (1985); 494 A.2d 294 (N.J. 1985)
Matter of Suchanoff, 93 N.J. 226 (1983); 460 A.2d 642 (N.J. 1983)
State v. Hunt, 91 N.J. 338 (1982); 450 A.2d 952 (N.J. 1982)
Knight v. City of Margate, 86 N.J. 374 (1981); 431 A.2d 833 (N.J. 1981)
U.S. v. Merlino, 349 F.3d 144 (3’d Cir. 2003)
U.S. v. Pungitore, 910 F.2d 1084 (3’d Cir. 1990)
Kaye v.Rosefield, 432 N.J.Super. 421 (App. Div. 2013); 75 A.3d 1168 (N.J. App. Div. 2013)
State v. Collette, 257 N.J. Super. 557 (App. Div. 1992); 608 A.2d 990 (N.J. App. Div. 1992)
State of New Jersey Division of Gambling Enforcement v. Merlino, 109 N.J. 134 (1988); 535 A.2d 968 (N.J. 1988)
State v. Hunt, 91 NJ 338 (450 A.2d 952 (N.J. 1982)
Commerce Bancorp, Inc. v. lnterArch, Inc., 417 N.J.Super. 329 (App. Div. 2010); 9 A.3d 1056 (N.J. App. Div. 2010)
State of New Jersey Division of Gambling Enforcement v. Merlino, 216 N.J. Super. 579 (App. Div. 1987); 524 A.2d 821 (N.J. App. Div. 1987)
Matthews v. Dean, 206 N.J. Super. 608 (App. Div. 1986); 482 A.2d 530 (N.J. App. Div. 1986); State v. Lutz, 165 N.J. Super. 278 (App. Div. 1979); 398 A.2d 115 (N.J. App. Div. 1979)
Margate Tavern Owners Association v. Brown, 144 N.J. Super. 435 (App. Div. 1976); 365 A.2d 1378 (N.J. App. Div. 1976)
United States v. Reeves, 891 F.Supp.2d 690 (D.N.J. 2012)
Hornstine v. Township of Moorestown, 263 F. Supp. 2d 887 (D.N.J. 2003)
Mathews v. Deane, 201 N.J. Super. 441 (Ch. Div. 1984); 483 A.2d 232 (N.J. Ch. Div. 1984)
Matthews v. Deane, 196 N.J. Super. 428 (Ch. Div. 1984); 483 A.2d 224 (N.J. Ch. Div. 1984)
Matthews v. City of Atlantic City, 196 N.J. Super. 145 (Law Div. 1984); 481 A.2d 842 (N.J. Law Div. 1984)
Baker v. Deane, 192 N.J. Super. 153 (Law Div. 1983); 469 A.2d 52 (N.J. Law Div. 1983)
First Mutual Corporation v. Grammercy Pharmacy, 176 N.J. Super. 428 (Law Div. 1980); 423 A.2d 680 (N.J. Law Div. 1980).

Practice Areas:  Criminal; Matrimonial; Civil; Casino Control Commission; Other Administrative Agency Practice. AV Peer Review Rated.