cdTOCtest

(coco) #1

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



  1. 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;

  2. 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
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