- tamper with any person, animal or thing. N.J.S.A.
2C:21-11a.
B. Acceptance of Bribery by Participants
It is a crime to knowingly solicit, accept, or agree to
accept any benefit, the giving of which would be criminal
under subsection a. N.J.S.A. 2C:21-11b.
C. Grading
Under N.J.S.A. 2C:21-11a and b, if the benefit
offered, conferred, agreed to be conferred, solicited,
accepted or agreed to be accepted in violation of this
section is $75,000 or more, the crime is of the second
degree. N.J.S.A. 2C:21-11c. If the benefit is more than
$1,000 but less than $75,000, the crime is of the third
degree. Id. If the benefit is less than $1,000, the crime
is of the fourth degree. Id.
D. Failure to Support Solicitation for Rigging
It is a disorderly persons offense to fail to report,
within reasonable promptness, a solicitation to accept
any benefit or to do any tampering, the giving or doing
of which would be criminal under subsection a. N.J.S.A.
2C:21-11d.
It is not clear under this statute to whom the duty
extends. The pre-Code statute was directed at the
participant and not someone who merely learns about the
solicitation. See N.J.S.A. 2A:93-12 (repealed 1979).
The limitation of the prior statute probably should be
applied to the Code.
E. Participation in Rigged Contest
It is a fourth degree crime to knowingly engage in,
sponsor, produce, judge, or otherwise participate in a
publicly exhibited contest knowing that it is being
conducted in violation of subsection a. N.J.S.A. 2C:21-
11e. A person can be guilty of this offense even though
he or she neither received nor solicited a benefit. Id.
XVIII. DEFRAUDING SECURED CREDITORS
It is a fourth degree crime to destroy, remove,
conceal, encumber, transfer or otherwise deal with
property subject to a security interest with the purpose to
hinder enforcement of that interest. N.J.S.A. 2C:21-12.
This offense applies to fraudulent disposition of both
real and personal property. The amount or value of
money or property involved does not affect the degree of
the offense.The State must prove that the offender had a
fraudulent purpose. Removal of the secured property
from the state without the purpose to defraud a creditor
would not be an offense. See State v. Moldenhauer, 103
N.J.L. 238, 240 (Sup. Ct. 1927).XIX. FRAUD IN INSOLVENCY
This section is designed to protect unsecured
creditors and proscribes three types of conduct by
persons who know that insolvency proceedings have been
or are about to be initiated.It is a crime for a person who, knowing that
proceedings have been or are about to be instituted for the
appointment of a receiver or other person entitled to
administer property for the benefit of creditors, or that
any other composition or liquidation for the benefit of
creditors has been or is about to be made:a. destroys, removes, conceals, encumbers, transfers,
or otherwise deals with any property or obtains any
substantial part of or interest in the debtor’s estate with
purpose to defeat or obstruct the claim of any creditor, or
otherwise to obstruct the operation of any law relating to
administration of property for the benefit of creditors;b. knowingly falsifies any writing or record relating to
the property; orc. knowingly misrepresents or refuses to disclose to a
receiver or other person entitled to administer property
for the benefit of creditors, the existence, amount or
location of the property, or any other information which
the actor could be legally required to furnish in relation
to such administration. N.J.S.A. 2C:21-13.If the benefit derived from a violation of this section
is $75,000 or more, the crime is of the second degree. Id.
If the benefit is more than $1,000 but less than $75,000,
the crime is of the third degree. Id. If the benefit is less
than $1,000, the crime is of the fourth degree. Id.Creditors who submitted claims against debtor
financial institution’s bankruptcy estate had no Seventh
Amendment right to a jury trial when sued by the
bankruptcy trustee to recover allegedly preferential
transfers. Langenkamp v. Culp, 498 U.S. 42, 44-45
(1990). The creditors had brought themselves within