titles to real estate may prepare and execute legal
instruments incidental thereto; and (2) persons
exercising fiduciary functions such as trustees and
receivers, or persons engaged in leasing or selling real
estate, or persons engaged in the loaning of money on
mortgages may prepare and execute legal instruments
incidental to carrying out their fiduciary functions or
their respective work. N.J.S.A. 2A:170-81 (repealed).
It is a fourth degree crime to knowingly engage in the
unauthorized practice of law and (1) create or reinforce a
false impression that the person is licensed to engage in
the practice of law; or (2) derive a benefit; or (3) in fact
cause injury to another. N.J.S.A. 2C:21-22b. If the
defendant “in fact” causes injury to another, there is strict
liability. N.J.S.A. 2C:21-22b(3).
“Benefit” under this section includes any gain or
advantage, or anything regarded by the defendant as a
gain or advantage, including pecuniary benefit or a
benefit to any person or entity in which the defendant is
interested. N.J.S.A. 2C:27-1a.
This statute has been upheld against constitutional
attack on vagueness grounds. State v. Rogers, 308 N.J.
Super. 59, 64-70 (App. Div.), certif. denied, 156 N.J. 385
(1998).
XIX. RUNNERS FOR PROVIDERS OF SER-
VICES
A. Definitions
“Provider” is defined as an attorney, a health care
professional, an owner or operator of a health care practice
or facility, or any person who creates the impression that
he or his practice or facility can provide legal or health care
services, or any person employed or acting on behalf of
any of these persons. N.J.S.A. 2C:21-22.1a.
“Runner” is defined as a person who, for a pecuniary
benefit, procures or attempts to procure a client, patient
or customer at the direction of, request of or in
cooperation with a provider whose purpose is to seek to
obtain benefits under a contract of insurance or assert a
claim against an insured or an insurance carrier for
providing services to the client, patient or customer. Id.
This definition of “runner” does not include a person who
procures or attempts to procure clients, patients or
customers for a provider through public media or a
person who refers clients, patients or customers to a
provider as otherwise authorized by law. Id.
“Public media” is defined as telephone directories,
professional directories, newspapers and other periodi-
cals, radio and television, billboards and mailed or
electronically transmitted written communications that
do not involve in-person contact with a specific
prospective client, patient or customer. Id.
“Pecuniary benefit” is defined as a benefit in the form
of money, property, commercial interest or anything else
the primary significance of which is economic gain.
N.J.S.A. 2C:27-1f.
B. Offense
It is a third degree crime for a person to knowingly act
as a runner or use, solicit, direct, hire or employ another
to act as a runner. N.J.S.A. 2C:21-22.1b.
The statute, enacted by L. 1999, c. 162, makes it a
crime for a lawyer, a health care professional or the like to
hire a person (i.e., a “runner”) to procure customers
where the actor’s purpose is to make an insurance claim.
Cannel, supra, N.J.S.A. 2C:21-22.1, comment 1.
Imposition of a term of imprisonment on the
convicted offender is mandatory, unless the court, having
regard to the character and condition of the offender,
determines that imprisonment would be a serious
injustice which overrides the need to deter such conduct
by others. N.J.S.A. 2C:21-22.1c. If a non-custodial or
probationary sentence is imposed, that sentence does not
become final for 10 days to permit an appeal by the State.
Id. This section does not preclude an indictment and
conviction for any other offense defined by the laws of
New Jersey. Id.
XXX. MONEY LAUNDERING AND ILLEGAL
INVESTMENTS
A. Statement of Public Policy
In 1994, the Legislature created offenses relating to
the financial facilitation of criminal activity and declared
the following as a statement of public policy that
- in the past, the Legislature has enacted criminal
statutes which (a) recognized that the existence of
organized crime and its activities present a serious threat
to the political, social and economic interests of New
Jersey; b)imposed strict civil and criminal sanctions
against criminals who engage in conduct which includes
money laundering; and (c) recognized the need to punish