Nine members of a CNBC crew arrested at Newark Liberty International Airport last week could each face more than five years in prison if convicted of trying to smuggle a fake bomb through airport security.

In a statement released Monday, the contracted production companies that employed the men -- Left Hook Media and Endemol Shine North America -- described the crew's arrest as a "misunderstanding," and suggested airport security personnel had misidentified vacuum compression luggage, an invention meant to provide travelers with more room for clothing, as a fake bomb.

The men were filming the reality show "Staten Island Hustle," which is scheduled to debut in the spring. The new show follows a group of friends looking for ideas for products and investments.

What the TSA says was a "fake bomb" discovered in a roller bag at the Newark airport. (TSA photo)

One North Jersey criminal defense attorney told NJ Advance Media that in the view of prosecutors, it's likely not that simple.

"Keep in mind, the prosecutor's office could have decided not to file charges," the attorney, Remi Spencer, said in an interview Monday. "They chose to take the case, so they must believe they have evidence to support these charges."

The Transportation Security Administration (TSA) has accused the men of covertly filming what authorities said was an attempt to smuggle through security a fake improvised explosive device, which officials said included a motor, wires and PVC pipes.

The Essex County Prosecutor's Office has charged all nine with second-degree counts of conspiracy and creating a false public alarm, both indictable offenses, and interfering with transportation -- a disorderly persons offense.

Spencer, who worked as a Union County assistant prosecutor before starting her criminal defense practice, said she's represented numerous clients charged with bringing contraband through airport security -- ranging from guns they forgot were in their luggage to non-functional replica weapons on keychains.

She said such cases are usually the result of absentmindedness on the part of the traveler, but that this case appeared to be different.

"They were purposefully trying to incite widespread fear and hysteria and hoping to capture that on camera, assuming the state's allegations are true," she said.

Spencer pointed to one of her previous cases as a defense attorney, in which students at Wayne Valley High School were charged with planting smoke bombs in lockers on the campus, leading to its evacuation.

"They weren't actually capable of a blowing up a school - but school officials didn't know that at the time," she said of the 2007 case.

"When you create that kind of mass hysteria, all kinds of harm can result as a consequence," Spencer said, noting the cost of the emergency response to such events can run into the millions.

Under New Jersey state law, defendants face five to 10 years in state prison if convicted of a second-degree indictable offense, she said.

As of Monday afternoon, none of the nine defendants had retained an attorney who might be able to comment on the charges, according to court records.

All nine are scheduled to make initial appearances in state Superior Court in Newark on Feb. 2, according to the prosecutor's office.

Thomas Moriarty may be reached at tmoriarty@njadvancemedia.com. Follow him on Twitter at @ThomasDMoriarty. Find NJ.com on Facebook.

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