Friday, November 4, 2011

Malcolm A. "Mac" Borg settles porn-suit allegations

The Bergen County Courthouse in Hackensack, where the suit was filed and settled.


By VICTOR E. SASSON
EDITOR

Malcolm A. "Mac" Borg and North Jersey Media Group have agreed to pay an undisclosed amount of money to a former employee who alleged the company chairman sent pornographic e-mails to managers and supervisors, knowing she would see them.

Tracey McCain of Englewood says she worked for NJMG from 2000 to April 22, 2009, when she was fired. 

She was hired as technical coordinator for the IT department in what is now Woodland Park. In 2007, she was promoted to IT logistics manager.


Son replaces father

Borg, 72, is the former publisher of The Record, a job taken over by his son, Stephen A. Borg, who was not a defendant in the suit. The elder Borg also lives in Englewood.

McCain says one of her duties was to read e-mails sent to her supervisor, who was identified in legal papers as Peter Van Lenten Jr., the late vice president of information technology.

"Commencing in or about 2000 and until plaintiff's employment terminated [April 2009], defendant Borg committed acts of sexual harassment of plaintiff," according to the complaint, which Eye on The Record obtained from the Bergen County Courthouse in Hackensack.

On Thursday, I returned to the courthouse and the Civil Division Records Room (Room 111) and asked to see the file. 

A Sept. 26 order signed by Superior Court Judge Brian R. Martinotti dismissed McCain's lawsuit "without prejudice" and said interest would accrue, if the "settlement sum" is not paid within 30 days.

No other details about the settlement were in the file. Usually in a settlement, the elder Borg and the publishing company would deny any wrongdoing.

The defendants were represented by Samuel J. Samaro of Pashman Stein in Hackensack, a $400-an-hour practitioner with a pot belly, receding hairline and wardrobe of ill-fitting suits.

'Vulgar and offensive'


Attorney Demetrios K. Stratis of Fair Lawn represented the plaintiff.

Here is more from the original suit:

"Defendant Borg caused to be disseminated, via electronic mail, to various managers and supervisors within NJMG and specifically to the direct supervisor of the plaintiff, various pornographic videos which were vulgar and offensive and sexually degrading and did so with the knowledge that such material would be viewed or inspected by the plaintiff."

The suit goes on to allege Borg also sent e-mails to managers and supervisors containing  "pornographic pictures," vulgar and offensive "audio recordings" and "other material."

NJMG denied all of the allegations in the lawsuit, which was filed on Dec. 7, 2009.

NJMG 'knew' about Mac

McCain's lawsuit also alleged:

"Defendant NJMG knew of the actions of defendant [Malcolm] Borg and failed to take reasonable measures to prevent same from occurring. Defendant NJMG  failed to enact or implement policies or procedures to prevent such behavior."

Jennifer A. Borg, daughter of Malcolm and big sister of Stephen, is vice president and general counsel of NJMG. 

In recent years, she has spent a great deal of time monitoring employees' use of company equipment, including computers and telephones.

It's not known whether she monitored her father's computer and knew about the material he was sending to other managers.

The lawsuit suggests the elder Borg was completely pushed aside when his spoiled children took over operation of The Record, Herald News and other publications in mid-2006, even though he retained the title of chairman.

He became so irrelevant, the suit suggests, he had nothing better to do than to allegedly view and disseminate pornography to other managers. Unless, of course, he allegedly was viewing pornography for years before his son became publisher and president.

With settlement of the suit, the elder Borg would be able to assume a more active role in the company. 

Today's paper

Interim Editor Doug Clancy finally came to his senses and returned a wrap-up on storm damage to Page 1 today -- after banishing the story to inside Local on Thursday.

And the focus is on Teaneck, where schools were closed through Thursday, something the paper had ignored.

"Only 16,000 customers" of Public Service Electric and Gas Co., including more than 5,500 in Bergen County, were still without power at 2 p.m. Thursday, the story says, but thousands more, served by other utilities, were without lights, heat, and hot water.

Burying the anger

Thursday's story on damage from Saturday's nor'easter buried the growing anger of readers over the slow pace of repairs, and today's account doesn't even address their frustration.

The front page has a strong North Jersey slant, but Clancy hasn't learned a column on politics is the surest way to turn off a majority of his readers.


Has The Record run any stories on Governor Christie's deceptive TV ads in support of the election of Republican Bergen County Freeholder John Driscoll in the 38th District?

Fig leaf for readers

Road Warrior John Cichowski has turned from ignoring commuting problems to giving advice on pruning trees -- his second such column this week (L-1).

In Better Living, the food photos look a lot better than the middling, 2-star rating of Midland's Thai Kitchen in Midland Park from Restaurant Reviewer Elisa Ung.

In the past, Ung has given 2 stars to Bahama Breeze on Route 23 in Wayne and other restaurants that do few things right.

She also seems to be the only one who doesn't know the best Thai food in North Jersey is served at Wondee's in Hackensack.


70 comments:

  1. Nice job with a follow up report on this story Mr.Sasson. What are your personal opinions of this story and lawsuit?

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  2. The lawsuit sounds like it had merit, and maybe Mac was doing that for years until an employee, in this case Tracey McCain, was offended and felt it constituted sexual harassment.

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  3. Now in the Public Corporate World,someone would loose there job. What happens in the Private Corporate World? MAC RESIGNS? OR THE PRESIDENT FIRES HIM BUT HE CANT, BECAUSE HIS MOM WONT LET HIM? OR JUSTICE IS BLIND WHEN YOUR A BORG?

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  4. Forget about Mom. What about Mac's daughter, the chief legal officer of the company, who monitors employee use of computers and telephones?

    What did she know and when did she know it?

    Mac is chairman of the board of North Jersey Media Group. Hey, but it's a man's world, and maybe everyone winked.

    Still, the suit was a cloud, and had to be eliminated.

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  5. Mac was doing it for years; don't kid yourself.

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  6. Someone should tip Romanesko off to this. Not many newspaper publishers who dabble in porn in the business these days....interesting story.

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  7. Who is Romanesko Mr.Sasson?

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  8. Jim Romenesko is a media critic at the Poynter Institute, part of Northwestern University, which has a journalism school.

    You can find out a lot more if you Google his name.

    I sent him a link to my post about Mac Borg, but doubt he will do anything.

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  9. Send a Link to the New York Post.

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  10. The Post wouldn't print anything. Maybe Editor & Publisher. The media protects their own.

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  11. Its your obligation and civil right to protect the coummunity,to make this story public so no one else gets victimized Victor,you can do it!

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  12. Sexual Harrasment is Big News in the New York Post now,you should at least give it a try,don't give up so easy,than if the Post declines,you even have a better story for your Blog.

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  13. So are you going to take this story to the Post?
    Isnt Mac Borg part of the one percent richest Americans catagory in this country that the occupy wallstreet people are protesting about? Sounds like you do have a story for the New York Post.

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  14. I plan to contact the Post media reporter. Thanks.

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  15. Let your readers know the outcome of contacting the Post,Good Luck Mr.Sasson.

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  16. So did you contact the Post about this story?
    What were the results?

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  17. I did. When I get word whether it will be published, I'll let you know.

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  18. What is the standard operating procedure for geting a story or article published when a reader or a reporter contacts a newspaper?

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  19. Well, there is no professional courtesy, so the paper might decide the story is not for their readers, even though another reporter brought it to them.

    Or they might say, We don't do any N.J. media news, only New York.

    When a reader contacts the paper, editors usually will do stories if they can document the information, but there are few set rules.

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  20. You should contact Channel 12(TV) New Jersey News.

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  21. The media tend to protect their own. I'm not holding out too much hope anyone will publish the story.

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  22. The man who went to the Appellate Court with his case is giving up???? You can get this story published. Never give in Victor the Victorious.

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  23. This man is a sex offender and preys on his employees.

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  24. So what happened with the Post? Were they interested in your article? Which reporter did you contact?

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  25. The media reporter, Keith Kelly, but he might want to see some documents before he decides. I'm awaiting word and will gladly send him the original lawsuit and the settlement document signed by a judge.

    Of course, he simply might not be interested in a New Jersey media story.

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  26. Any update on getting this story Published in The Post or any other form of media? Thank You.

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  27. Whats going on with Keith Kelly?

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  28. He has the documents, but I don't expect anything in the Post, which isn't really interested in New Jersey.

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  29. Did you try Channel 12 NJ News???

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  30. Have you seen any media news on Channel 12? It's owned by Cablevision, I believe, and is only visible to subscribers.

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  31. Are you giving up on having this article published?

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  32. So what happened with Keith Kelly did you hear from him?

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  33. No. He ignored me and the material I sent him. I do not think the Post media writer even knows where New Jersey is.

    He's just another arrogant journalist among legions of them.

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  34. So happy for Tracey...Peter Van Lenten was let go in April 2009 as well but no one could help him in his case. I'm sure he is smiling now...

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  35. Does anyone think Pete Van Lenten had a case against NJMG?
    And Why? Why did Pete get let go from NJMG? Thanks.

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  36. j borg was sleeping with a record pressmen and he was fired.

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  37. I was pressmen at the record for 25 years. craig caso was his name,thank he got some cash from that crazy family after he was fired.maybe VD?

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  38. who didn't J borg sleep with!!!

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  39. Back up what you say Anonymous Aug 1st. Name some names if you have the proof and guts to. Spill what you Know to Eye On The Record.

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  40. Jennifer Borgs Domestic Violence Case was tried publicly at the Bergen County Courthouse. Case FV-021438-09.

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  41. Thought she lived in Manhattan so why would such a case be in Bergen County?

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  42. Cause she worked in Hackensack and it involves NJMG and her sexual harassment lawsuit.

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  43. Where do you report corruption at the Bergen County Courthouse Mr. Sasson?

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  44. Here is the link to the state Supreme Court's committee on judicial conduct, where you can file a complaint about a judge.

    http://www.judiciary.state.nj.us/acjc/index.htm

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  45. Here is more about the Advisory Committee on Judicial Conduct:

    Advisory Committee on Judicial Conduct

    The Advisory Committee on Judicial Conduct (ACJC) was created in 1974 to assist the Supreme Court by investigating allegations of unethical judicial conduct and by referring to the Court those matters that the Committee considers to require public disciplinary action. The composition and procedures of the Committee are set forth in Rule 2:15.

    All records of and investigations conducted by the ACJC's staff are confidential in accordance with Court Rule 2:15-20. Confidentiality ceases only if and when the ACJC decides that there is probable cause for the imposition of public discipline and issues a formal complaint requiring the judge to answer and appear at a public hearing. Proceedings from the formal complaint on are no longer confidential.

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  46. I went to the courthouse today to look at the domestic violence case referred to in a Dec. 26, 2012, comment, but was told all such cases are "confidential," and open only to those involved.

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    Replies
    1. Family court has different rules. Kind of like ABC vs DEF. Wait till you get that info from Trenton.

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  47. To Anonymous: I'll look into that matter you brought up.

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  48. Do you think Mac Borg apologized to Tracey Mc Cain and her family Mr. Sasson about this lawsuit? Im sure Ms. Mc Cains friends and family were customers of the Record since they are from Englewood.

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  49. Court documents reveal the lawyers for NJMG Samuel J. Samaro and NJMG employee Jennifer A. Borg harassed Tracey McCain so bad at Ms.McCains deposition that Ms.McCains lawyer Demetrious Stratis had to stop the deposition and tell Mr. Samaro and Ms. Borg to leave so the incident could be reported to the Pretrial Judge of Mr. Malcolm Borgs sexual harassment case.Just another example of how Jennifer A borg was harassing Ms. McCain while employed at North Jersey Media Group.

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    Replies
    1. This is hysterical. Harass Tracey? From what I read above, if Jennifer could monitor computers and see everything going on, her father should apologize to her for putting her through the embarrassment let alone defend him. Lol Or...did she just close her eyes to this? Oops!

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  50. The New Jersey Press Foundation is offering a 2013 Summer Internship for college students called."2013 Mac Borg New Media Internship." College students may apply to Mac Borg Internship Awards Committee,New Jersey Press Foundation,West Trenton NJ. The New Jersey Press Foundation and the winner of the internship should be given a link to this Blog and this article for the college students health and safety. Whats your opinion Mr. Sasson?

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  51. That's rich. Publisher who settled porn suit funds scholarship for press group that espouses freedom of speech, but please don't ask to see Mac Borg's deposition or details of the settlement.

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    1. Look up the advertisement for the scholarship.There is a picture of Mac Borg wearing a hat that says,The Man, The Myth, The Legend. He should add on the hat "I also have a Porn Addiction and break NJMG company laws and injure employees because of it,and I get away with it because my daughter is a Lawyer and head of the Legal Dept at NJMG." Whats your opinion Mr. Sasson?

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  52. You are really funny. Seriously. Keep it coming.

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  53. One reason Mac Borg is not The Man, The Myth, The Legend.....He wont admit he gets dozens of phone calls a week from advertisers wanting to place advertisements in Eye On The Record! lol

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  54. I wish. Could use the money for legal fees.

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  55. An insiders review of Malcolm A. Borgs 4children coming soon.

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  56. Readers who enjoy comments on this page will also enjoy comments on pages dated, May 7,2013... Dec 18, 2010... Jan 22,2013... Jan20,2013..

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  57. Malcolm A Borg and Jennifer A Borg, owners of North Jersey Media Group may be Criminally or Civilly Liable for sending Terroristic Threating Letter to former North Jersey Employee. Go to Eye on the Record comments date January 22,2013 for a review of the Letter.

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