O'Neal challenges convictions in federal appeals court

Jenifer O'Neal, who previously headed the Office of Management and Budget, has appealed to the 3rd U.S. Circuit Court of Appeals to overturn her bribery and fraud convictions or obtain a new trial, according to a filing by her legal team.

O'Neal and former Police Commissioner Ray Martinez were charged together in January 2025 and found guilty on all counts following a joint trial in December. Martinez received a 10-year sentence; O'Neal was sentenced to seven years in prison, plus restitution and fines exceeding $101,000.

Attorneys Joseph DiRuzzo and Daniel Lader have identified four grounds for appeal. The first involves a date discrepancy in grand jury documents: a financial transaction was originally marked as 2023 but corrected to 2024 before trial. The appeal argues this alteration affected a substantive charging element, not merely a peripheral detail, and the count should be dismissed.

Second, the appeal challenges evidence introduced at trial. Prosecutors presented 27 of 35 recorded conversations involving only Martinez and cooperating witness David Whitaker, a government contractor, with no participation by O'Neal. Though O'Neal's trial attorney objected and the court indicated it would provide a limiting instruction to the jury, no such instruction was delivered. The appeal contends this omission was prejudicial, particularly given the government's limited direct evidence of O'Neal's intent.

Third, the appeal questions whether sufficient evidence supported conviction. The brief asserts prosecutors offered no proof that O'Neal knew the funds came from criminal activity, and that she understood the money for her restaurant lease as a personal gift from Martinez. No witness established that O'Neal agreed to provide anything in exchange, and the sole OMB official who testified said she experienced no pressure and observed no fraudulent documents.

Finally, O'Neal's attorneys dispute her sentencing. They contend her guideline level was improperly raised six points based on a $70,000 sum belonging to Martinez's personal fund, rather than O'Neal's actual benefit of $17,730, which would warrant only four points. An additional two-point increase based on her supervision of an OMB grants manager is also challenged, as no one has alleged that employee bore criminal responsibility.

The appeal seeks acquittal, a new trial, or resentencing.