Former Assistant Foreman Barred From Reinstatement Because of Fraud, Working on the Waterfront While Under the Influence of Oxycodone, and Possessing 103 Bags of Heroin, 2.5 Grams of Cocaine, 3 Hypodermic Needles, 2 Crack Pipes, 3 Marijuana Pipes, and a Scale to Weigh Drugs
October 23, 2018
Today, the Waterfront Commission denied the application of Brian Moe, 34, of Atlantic Highlands, New Jersey, to restore his registration as a maintenance man, a type of longshoreman responsible for the repair and maintenance of waterfront machinery. Moe had previously been appointed by the International Longshoremen’s Association to be Assistant Foreman at APM Terminals, in Elizabeth, New Jersey, where he oversaw port mechanics. On September 16, 2014, the Commission removed Moe from the waterfront after he failed to report to work or make himself available for work pursuant to regulatory requirements. Today, the Waterfront Commission denied Moe’s application to return to the waterfront because of his actions before and after he failed to work or make himself available for work as an Assistant Foreman.
In making its decision to deny Moe’s application, the Waterfront Commission adopted the findings and recommendation of an Administrative Law Judge (ALJ). The ALJ had presided over an administrative hearing that included testimony from Moe and detectives from the Keyport and Union County police departments. Following the hearing, the ALJ concluded the Moe had committed the following offenses while registered as a longshoreman on the waterfront:
- In 2010-2014, he used heroin, cocaine, marijuana, and oxycodone without a prescription despite the Commission warning him in 2006 about the prohibition against using drugs while having a job on the waterfront;
- In 2010-2014, he was under the influence of oxycodone at various times while at work on the waterfront; and
- In 2014, he knowingly or purposely obtained or possessed, actually or constructively, 2.5 grams of cocaine, 11 bags of heroin, a scale, 2 crack pipes, a hypodermic needle, and 3 marijuana pipes.
The ALJ further found that Moe committed the following acts after the Waterfront Commission removed him from the waterfront:
- In 2015, he knowingly or purposely obtained or possessed, actually or constructively, 92 folds of heroin and 2 hypodermic needles; and
- In 2017, he falsely testified during an interview at the offices of the Waterfront Commission that, in connection with his 2015 arrest, he did not have heroin on his lap when, in truth, he possessed two (2) folds of heroin on his lap.
In his opinion, the ALJ noted that Moe “has repeatedly and consistently lied to the Waterfront Commission, prior to, during, and since his period of employment at the Waterfront” and “has repeatedly refused to accept responsibility for his drug possession.” The ALJ found that Moe was “under the influence of oxycodone while at work on the Waterfront, even though he was responsible for maintaining and repairing very dangerous equipment” including RTG Cranes, “which are large pieces of equipment with the cab located 90 feet above the ground.” The ALJ also noted that, as an Assistant Foreman, he was supposed to be “a role model for all the mechanics.” The ALJ found that Moe’s “testimony, both during the hearing and during his four Waterfront interviews is remarkable in his evasiveness and his lack of complete candor.”
The Waterfront Commission adopted the ALJ’s findings that Moe had committed fraud, deceit, or misrepresentation and his presence at the piers or other waterfront terminals would represent a danger to the public peace or safety. Adopting the ALJ’s recommendation, the Waterfront Commission barred Moe from returning to work on the waterfront.