cdTOCtest

the more culpable drug offenders with strict, consistently
imposed criminal sanctions; N.J.S.A. 2C:21-23a to c;

2. despite these efforts, individuals continue to profit
   financially from illegal organized criminal activities and
   illegal drug trafficking, thereby continuously posing a
   threat to the health, safety and welfare of New Jersey
   citizens while simultaneously converting illegally
   obtained profits into “legitimate” funds; N.J.S.A. 2C:21-
   23d;


3. because increased drug trafficking and other
   organized criminal activities have strengthened the
   money laundering industry, the public must be
   safeguarded, and it is in the public’s interest to make
   those engaging in money laundering activities subject to
   strict criminal and civil penalties. N.J.S.A. 2C:21-23e.

B. Definitions

“Attorney General” includes the Attorney General of
the State of New Jersey, the Attorney General’s assistants
and deputies, and a county prosecutor or his or her
designated assistant prosecutor, if a county prosecutor is
expressly authorized in writing by the Attorney General
pursuant to this section. N.J.S.A. 2C:21-24.

“Derived from” is defined as obtained directly or
indirectly from, maintained by or realized through. Id.

“Person” is defined as any corporation, unincorpo-
rated association or any other entity or enterprise, as
defined in N.J.S.A. 2C:20-1q, which is capable of
holding a legal or beneficial interest in property. Id.

“Property” is defined as anything of value, as defined
in N.J.S.A. 2C:20-1g, and includes any benefit or
interest without reduction for expenses incurred for
acquisition, maintenance or any other purpose. Id.

C. Financial Facilitation of Criminal Activity

It is a crime to

a. transport or posses property known to be derived
from criminal activity; or

b. engage in a transaction involving property known
to be so derived either with intent to facilitate or promote
such activity, or knowing that the transaction is designed
in whole or in part to (i) conceal or disguise the nature,
location, source, ownership or control of the property
derived from criminal activity, or (ii) avoid a transaction

reporting requirement under the laws of New Jersey or

any other state or of the United States; or

c. direct, organize, finance, plan, manage, supervise

or control the transportation of or transactions in

property known to be derived from criminal activity.

N.J.S.A. 2C:21-25.

D. Culpability

For each offense defined under N.J.S.A. 2C:21-25,

the State must prove a culpability of knowledge.

The offender knows the property is derived from

criminal activity if he knows it represents proceeds from

some though not necessarily which form of criminal

activity. N.J.S.A. 2C:21-25d.

Among the factors to be considered by the fact-finder

in determining that a transaction has been designed to

avoid a transaction reporting requirement is whether the

offender, acting alone or with others, conducted one or

more transactions in currency, in any amount, at one or

more financial institutions, on one or more days, in any

manner. Id.

The phrase “in any manner” includes the breaking

down of a single sum of currency exceeding the

transaction reporting requirement into smaller sums,

including sums at or below the transaction reporting

requirement, or the conduct of a transaction, or series of

currency transactions, including transactions at or below

the transaction reporting requirement. The transactions

need not exceed the transaction reporting threshold at

any single financial institution on any single day in order

to demonstrate a violation. Id.

E. Knowingly Inferred

The requisite knowledge may be inferred where the

property is transported or possessed in a fashion

inconsistent with the ordinary or usual means of

transportation or possession of such property and where

the property is discovered in the absence of any

documentation or other indicia of legitimate origin or

right to such property. N.J.S.A. 2C:21-26.

F. Grading

If the amount of money or property involved in a

money laundering transaction is $500,000 or more, the

crime is of the first degree. N.J.S.A. 2C:21-27a. If the

amount is at least $75,000 but less than $500,000, the