Sweepstakes-Rigging Charge Is Dropped Against O.C. Man

As part of a plea agreement with federal prosecutors, fraud charges were dropped Monday against an Orange County man who helped rig nationwide contests sponsored by Alpha Beta supermarkets and Taco Bell restaurants.

The withdrawal of charges against Kim Curtin of South Laguna came as two New Jersey sweepstakes executives pleaded guilty in U.S. District Court to secretly arranging for their friends and relatives to win prizes in the contests.

Curtin is the brother of John Edward Curtin III, whose firm --C&K; Marketing of Englewood Cliffs, N.J.--ran the contests. Curtin III and C&K;’s vice president, Kevin Joseph Kissane, agreed to plead guilty in exchange for a government recommendation that they receive probation instead of prison terms. Most of the fraudulent acts took place in California, prosecutors say.

Curtin III, who was charged with mail fraud, and Kissane, charged with wire fraud, each face a maximum sentence of five years in prison and a $250,000 fine.

U.S. District Judge Pamela Rymer set sentencing for Dec. 18.

In a plea agreement, charges against two others in the case, Jerome S. Baratta and Kim Curtin, were dropped.

Baratta, a New Jersey car dealer related to Kissane, “won” the $25,000 second prize in Taco Bell’s “Wheels, Reels and Meals” contest.

Curtin helped rig the contests in which a fifth defendant, Navy aircraft mechanic James Frederick Lee, “won” the $28,500 grand prize in Alpha Beta’s “California Dreamin’ ” promotion and the $25,000 grand prize in Taco Bell’s sweepstakes.

Lee, 51, of San Diego, pleaded guilty in September, 1988, to mail fraud and agreed to testify against the others had they gone to trial. He has not been sentenced.