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Bellizia Law Office
395 Franklin Street
Bloomfield, NJ 07003
Tel: 973-202-6160
Fax: 973-743-2290
info@prosperlawoffice.com
Money laundering, the metaphorical "cleaning of money" with regard to appearances in law, is the practice of engaging in specific financial transactions in order to conceal the identity, source and/or destination of money and is a main operation of underground economy.
Today its definition is expanded by government regulators (such as the United States Office of the Comptroller of the Currency) to encompass any financial transaction which generates an asset or a value as the result of an illegal act, which may involve actions such as tax evasion or false accounting. As a result, the illegal activity of money laundering is now recognized as potentially practiced by individuals, small and large businesses, corrupt officials, members of organized crime or of cults, and even corrupt states or intelligence agencies, through a complex network of shell companies based in offshore tax havens.
§ 2C:21-27. Degrees of offense; penalties; nonmerger
a. The offense defined in subsections a. b. and c. of section 3 of P.L. 1994, c. 121 (C. 2C:21-25) constitutes a crime of the first degree if the amount involved is $ 500,000.00 or more. If the amount involved is at least $ 75,000.00 but less than $ 500,000.00 the offense constitutes a crime of the second degree; otherwise, the offense constitutes a crime of the third degree. The offense defined in subsection e. of section 3 of P.L. 1994, c. 121 (C. 2C:21-25) constitutes a crime of the third degree. Notwithstanding the provisions of N.J.S. 2C:43-3, the court may also impose a fine up to $ 500,000.00. The amount involved in a prosecution for violation of this section shall be determined by the trier of fact. Amounts involved in transactions conducted pursuant to one scheme or course of conduct may be aggregated in determining the degree of the offense. Notwithstanding the provisions of paragraph (1) of subsection a. of N.J.S. 2C:43-6, a person convicted of a crime of the first degree pursuant to the provisions of this subsection shall be sentenced to a term of imprisonment that shall include the imposition of a minimum term which shall be fixed at, or between, one-third and one-half of the sentence imposed, during which time the defendant shall not be eligible for parole.
b. In addition to any other dispositions authorized by this Title, upon conviction of a violation of this section, the court may sentence the defendant to pay an amount as calculated pursuant to subsection a. of section 6 of P.L. 1994, c. 121 (C. 2C:21-28).
c. Notwithstanding N.J.S. 2C:1-8 or any other provision of law, a conviction of an offense defined in this section shall not merge with the conviction of any other offense constituting the criminal activity involved or from which the property was derived, and a conviction of any offense constituting the criminal activity involved or from which the property was derived shall not merge with a conviction of an offense defined in section 3 of P.L. 1994, c. 121 (C. 2C:21-25), and the sentence imposed upon a conviction of any offense defined in section 3 of P.L. 1994, c. 121 (C. 2C:21-25) shall 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.
§ 2C:21-27.1. Criteria for imposition of anti-money laundering profiteering penalty
In addition to any other disposition authorized by this title, including but not limited to any fines which may be imposed pursuant to the provisions of N.J.S.2C:43-3, where a person has been convicted of a crime defined in P.L.1994, c.121 (C.2C:21-23 et seq.) or an attempt or conspiracy to commit such a crime, the court shall, upon the application of the prosecutor, sentence the person to pay a monetary penalty in an amount determined pursuant to section 9 of P.L.1999, c.25 (C.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 defendant was convicted of a violation of P.L.1994, c.121 (C.2C:21-23 et seq.).
It takes an attorney with the confidence and experience of a former prosecutor to properly deal with authorities when it comes to defending you against these charges. If you, a friend or family member have been accused or charged with such a crime, please do not hesitate to contact Mr. Bellizia immediately. Criminal matters are not problems that will go away when ignored. Early intervention in criminal matters, may achieve outstanding results, and will be instrumental to the outcome of your case.