cdTOCtest

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 N.J.S.A. 2A:170-81 (repealed).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

1. 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