cdTOCtest

(coco) #1

removal procedures as authorized generally under the
Constitution.” Matter of Yaccarino, 101 N.J. 342, 350
(1985). The Act leaves “much to the Supreme Court’s
discretion, both by implication - by failing to define
proceedings in more detailed and restrictive terms - and
explicitly - by providing that [e]xcept as otherwise
provided in this act, proceedings shall be governed by
rules of the Supreme Court.” In re Coruzzi, 95 N.J. 557,
570 (1984), appeal dismissed, 469 U.S. 802 (1984).


The New Jersey Supreme Court has promulgated
rules regarding the discipline of judges. R. 2:14 and R.
2:15. See Hunter v. Supreme Court of New Jersey, 951 F.
Supp. 1161, 1164 (D.N.J. 1996), aff’d, 118 F.3d 1575
(3d Cir 1997). As to removal, see Matter of Imbriani, 139
N.J. 262 (1995); as to suspension, See Matter of Seaman,
133 N.J. 67 (1993); as to discipline, see Matter of Sodofski;
98 N.J. 434 (1985).


CREDIT CARDSCREDIT CARDSCREDIT CARDSCREDIT CARDSCREDIT CARDS


(See also, FORGERY, this Digest)


I. PROVISIONS OF THE STATUTE


N.J.S.A. 2C:21-6c provides that it is a fourth-degree
crime for any person to take, obtain, use, retain, receive,
sign, sell, transfer, or accept a credit card with the intent
to obtain or provide property or services if that person
knows that the card is stolen, forged, lost, revoked,
cancelled, expired or that the use is, for any other reason,
unauthorized by the issuer or owner of the card.

It is also a fourth-degree crime to knowingly make a
false statement in procuring the issuance of a credit card.
N.J.S.A. 2C:21-6b.

N.J.S.A. 2C:21-6c(5) provides that is a third-degree
crime to make, falsely emboss, or utter such a credit card
with the intent to obtain property or services.

N.J.S.A. 2C:21-6d provides that it is a third-degree
crime for a person with fraudulent intent to use a forged,
expired, or non-issued credit card with knowledge of its
nature to obtain property or services.

N.J.S.A. 2C:21-6e(1) provides that it is a third-
degree crime for a person authorized by the issuer to
furnish property or services with fraudulent intent to
furnish property or services upon presentation of an
unauthorized credit card, with knowledge of its forged,
expired, or revoked nature.

N.J.S.A. 2C:21-6e(2) provides that it is a fourth-
degree crime for a person authorized by the issuer to
furnish property or services with fraudulent intent to fail
to furnish property or services upon presentation of a
credit card, while reporting in writing to the issuer that
he has furnished property or services.

N.J.S.A. 2C:21-6f provides that it is a third-degree
crime for a person other than the cardholder to possess
two or more incomplete credit cards or reproduction
instruments with knowledge of their character with
intent to complete or reproduce without consent of the
issuer.

N.J.S.A. 2C:21-6g provides that it is a fourth-degree
crime to receive property or services with the knowledge
that such property or services were obtained in violation
of this section.
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