Stacey Barchenger

@sbarchenger

TOMS RIVER - Ten Lakewood residents charged in a sweeping welfare fraud investigation have applied for a court program that could help them avoid criminal convictions.

Eight of the 26 people charged earlier this year appeared in criminal court in Ocean County on Wednesday morning. Taking turns and with attorneys standing by, they appeared before Judge Linda G. Baxter in a packed, green-tinged basement courtroom.

Six indicated through attorneys during Wednesday's brief court hearing that they would apply for pretrial intervention, an early resolution program that would avoid trials. They are: Tzvi and Estee Braun, Samuel and Esther Serhofer, and Yisroel and Rachel Merkin.

Each is charged with third-degree theft by deception. Their next court dates are scheduled for November.

Four others have also sought to enter the program, according to court records. They are: Eliezer and Elkie Sorotzkin, Jerome Menchel and Mottel Friedman. Others charged may still apply.

MORE: Lakewood rabbi, others arrested in alleged million-dollar welfare fraud

Prosecutors accused the defendants, who are married couples, of under-reporting their incomes, allowing them to qualify to receive benefits like food stamps and Medicaid. More than two dozen Lakewood residents were charged in June and July in the scheme that law enforcement said netted some $2 million.

Ian Goldman, who represents several of the defendants, declined to comment Wednesday. Also asked for comment, defense lawyer Yosef Jacobovitch said his clients were innocent until proven guilty.

The pretrial intervention program is generally available to first-time offenders, according to the state judiciary, and ranges from one to three years long.

MORE: Lakewood struggling to move past fraud charges, controversies

The prosecutor must consent to someone’s participation in the program, which includes supervision and can come with conditions like community service and paying restitution.

Those who successfully complete the terms avoid a criminal conviction on their record.

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Rabbi Zalmen Sorotzkin of Congregation Lutzk and his wife, Tzipporah Sorotzkin, are facing counts of second-degree theft by deception. They briefly appeared in court Wednesday. A prosecutor indicated they were not applying for the pretrial program, and their cases would be sent to the grand jury to consider bringing an indictment.

Edward Bertucio, a defense lawyer who represents Zalmen Sorotzkin, told the Asbury Park Press on Tuesday afternoon his client maintained his innocence and looked forward to vindicating his name. Bertucio said a defense investigation had unearthed additional witnesses, but he declined to say more about those individuals.

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Prosecutors are continuing their investigation.

“We’ll make a plea offer when the investigation is complete,” Assistant Prosecutor Chris Heisler said of the Zalmen and Tzipporah Sorotzkins’ cases.

Stacey Barchenger: 732-643-4245 sbarchenge@gannett.com