crime is of the second degree. Id. If the amount is less than
$75,000, the crime is of the third degree. Id.
The trier of fact determines the amount. N.J.S.A.
2C:21-27a. Amounts involved pursuant to one scheme
or course of conduct may be aggregated for determining
degree. Id. As part of the sentence, the court may also
impose a fine of up to $500,000. Id.
The offender convicted of a first degree crime under
this section shall receive a sentence of imprisonment
which includes a parole bar of between one third and one
half of the base term imposed. Id.
In addition to any other disposition, the court may
also sentence the defendant to pay an additional penalty
calculated under N.J.S.A. 2C:21-28a. N.J.S.A. 2C:21-
27b.
The sentence imposed upon a conviction of any
money laundering crime must be ordered to be served
consecutively to that imposed for a conviction of any
offense constituting the criminal activity involved or from
which the property was derived. N.J.S.A. 2C:21-27c.
G. Merger
A conviction for money laundering and illegal
investing under this section does not merge with a
conviction for any other offense constituting a criminal
activity involved or from which the property was derived
or a conviction of any offense of money laundering and
illegal investing under this section. N.J.S.A. 2C:21-27c.
However, despite this legislative prohibition against
merger, the constitutional prohibition against double
jeopardy may require the merger. See State v. Maldonado,
137 N.J. 536, 583 (1994); State v. Dillihay, 127 N.J. 42,
45 (1992).
The sections creating this offense should not be
construed in any way to preclude or limit a prosecution
or conviction for any other offense defined by the Code or
any other criminal law of the State of New Jersey.
N.J.S.A. 2C:21-27c.
XXXI. ANTI-MONEY LAUNDERING AND
PROFITEERING PENALTIES
In 1999, the Legislature established criteria for
imposing, calculating and revoking or reducing anti-
money laundering and profiteering penalties. See
N.J.S.A. 2C:21-27.1; N.J.S.A. 2C:21-27.2; N.J.S.A.
2C:21-27.3. Provisions allowing for payment schedules,
establishing methods of collection and distribution as
well as the penalty’s relationship to other dispositions
were also passed. See N.J.S.A. 2C:21-27.4; N.J.S.A.
2C:21-27.5; N.J.S.A. 2C:21-27.6.A. Criteria for Imposition of PenaltyIn addition to any other disposition under the Code,
including but not limited to any fines which may be
imposed, the court, upon application of the prosecutor,
shall sentence the convicted offender of a crime defined in
this section, or of an attempt or conspiracy to commit
such a crime, to pay a monetary penalty in an amount
determined under N.J.S.A. 2C:21-27.2, provided the
court finds at a hearing, which may occur at the time of
sentencing, that the prosecutor has established by a
preponderance of the evidence that the offender was
convicted of a money laundering or profiteering
violation. N.J.S.A. 2C:21-27.1B. Calculation of PenaltyWhere the prosecutor has established by a
preponderance of the evidence that the offender was
convicted of a money laundering violation, the court
must assess a monetary penalty as follows:a. $500,000.00 for a crime of the first degree;
$250,000.00 for a crime of the second degree;
$75,000.00 for a crime of the third degree; orb. an amount equal to three times the value of any
property involved in a money laundering activity;c. Where the prosecution requests that the court
assess a penalty under subsection b, the prosecutor has
the burden to show, by a preponderance of the evidence,
the appropriate amount of the penalty to be assessed. In
making its finding, the court shall take judicial notice of
any evidence, testimony or information adduced at trial,
plea hearing or other court proceedings and shall also
consider the pre-sentence report and other relevant
information, including expert opinion in the form of live
testimony or by affidavit. N.J.S.A. 2C:21-27.2. The
court’s findings shall be incorporated in the record, and
such findings shall not be subject to modification by an
appellate court except upon a showing that the finding
was totally lacking support in the record or was arbitrary
and capricious. Id.