C. Revocation or Reduction of Penalty Assessment
The court shall not revoke or reduce a penalty
imposed under N.J.S.A. 2C:21-27.2. An anti-money
laundering profiteering penalty so imposed is not
deemed a fine for purposes of N.J.S.A. 2C:46-3. N.J.S.A.
2C:21-27.3.
D. Payment Schedule
Under this section, the court may, for good cause
shown, grant permission for the payment of an anti-
money laundering profiteering penalty to be made
within a specified period of time or in specified
installments, provided however that the payment
schedule fixed by the court shall require the defendant to
pay the penalty in the shortest period of time consistent
with the nature and extent of his assets and his ability to
pay. N.J.S.A. 2C:21-27.4 The prosecutor must be
afforded the opportunity to present evidence or
information concerning the nature, extent and location of
the defendant’s assets or interest in property which are or
might be subject to levy and execution. Id. In such event,
the court may only grant permission for the payment to
be made within a specified period of time or installments
with respect to that portion of the assessed penalty which
would not be satisfied by the liquidation of property
which is or may be subject to levy and execution, unless
the court finds that the immediate liquidation of such
property would result in undue hardship to innocent
persons. Id. If no such permission is embodied in the
sentence, the entire penalty shall be payable forthwith.
Ibid.
E. Relation to Other Disposition
An anti-money laundering profiteering penalty
assessed pursuant to N.J.S.A. 2C:21-27.1:
a. shall be imposed and paid in addition to any
penalty, fine, fee or order for restitution which may be
imposed; and
b. shall be in addition to and not in lieu of any
forfeiture or other cause of action instituted pursuant to
chapter 41 or 64 of Title 2C of the New Jersey Statutes.
N.J.S.A. 2C:21-27.6. Nothing in this chapter shall be
construed in any way to preclude, preempt or limit any
such cause of action. Id. A defendant shall not be entitled
to receive credit toward the payment of an anti-money
laundering profiteering penalty imposed for the value of
property forfeited, or subject to forfeiture, pursuant to
the provisions of chapter 41 or 64 of Title 2C of the New
Jersey Statutes. Ibid.F. Collection and DistributionAll anti-money laundering profiteering penalties
assessed shall be docketed and collected as provided for
the collection of fines, penalties, fees and restitution in
chapter 46 of Title 2C of the New Jersey Statutes.
N.J.S.A. 2C:21.27.6. The Attorney General or
prosecutor may prosecute an action to collect such
penalties. Id. All anti-money laundering profiteering
penalties assessed shall be disposed of, distributed,
appropriated and used as if the collected penalties were
the proceeds of property forfeited pursuant to chapter 64
of Title 2C of the New Jersey Statutes. Id.G. Civil Actions for Treble DamagesThe Attorney General may institute a civil action
against any person whose conduct constitutes a violation
of the money laundering and illegal investments crimes
as defined under N.J.S.A. 2C:21-25. N.J.S.A. 2C:21-
28a. Judgment may be against all persons who violate the
statute. Id. Judgment is joint and several and may be for
an amount equal to three times the value of all property
involved in the criminal activity plus the costs incurred
for resource and personnel used in the investigation and
litigation of both criminal and civil proceedings. Id. The
standard of proof in the civil action is the preponderance
of the evidence. Id. The fact that a criminal action was
not instituted or, was terminated without a conviction
does not preclude a civil action. Id. A final judgement
rendered in favor of the state in the criminal action
precludes the defendant in that action from denying the
same conduct in the civil action. Id.The civil action authorized by this section is in
addition to and not in place of any forfeiture or any other
action, injunctive or any remedy available at law.
N.J.S.A. 2C:21-28b.All monies collected pursuant to any judgment
recovered or order issued under this section must first be
allocated to the payment of any State tax, penalty and
interest due and owing to the state as a result of the
conduct which is the basis of the action. Monies collected
should next be allocated in accordance with the
provisions of the disposal of forfeited property section of
the Code, N.J.S.A. 2C:64.6, in an amount equal to the
amount of all property involved in the criminal activity
plus the costs incurred for the resources and personnel
used in the investigation and litigation. N.J.S.A.