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New Brunswick NJ Money Laundering Defense Attorney
The offense of money laundering targets those who provide the financial facilitation for criminal activities. If you have been charged with money laundering in New Jersey, you face penalties that border catastrophic under N.J.S.A. 2C:21-25. Prosecutors also tend to take a hard line in these cases so it is exceptionally important to hire a skilled criminal lawyer if you were arrested for money laundering in conjunction with CDS distribution, insurance fraud, bank fraud, identity theft or in any other context. The Law Offices of Jonathan F. Marshall possesses a team of highly experienced defense lawyers that includes Jason Seidman, Esq., the former supervisor of the gangs, guns and drugs task force of the Middlesex County Prosecutor’s Office. An attorney at our firm is prepared to conduct a comprehensive review of the facts of your case and offer his insight as to the best strategy for defending the charge. We handle money laundering cases throughout Middlesex County including North Brunswick, South Plainfield, Edison, New Brunswick and Perth Amboy. Attorneys are available immediately at 732-246-7126 for a free consultation.
What Is Required To Convict You For Money Laundering
Three types of activities can result in a money laundering charge under N.J.S.A. 2C:21-25. The first type of conduct prohibited is transporting or possessing property when you reasonably know that it was derived from criminal activity. It is also illegal to engage in a transaction involving property when it is actually or reasonably known that it was derived from criminal activity. The third way someone can commit money laundering is by converting illegally derived proceeds into legitimate funds (e.g. cleaning the money).
State of Mind Required. The state must prove that you either knew that the money was dirty or were aware of a substantial and unjustifiable risk that the property was derived from criminal activity. The decision to proceed must have been a gross deviation from what was reasonable given the circumstances known to you.
Evading Transaction Reporting Regulations. A separate offense occurs under 2C:21-25(e) when someone intentionally evades a transaction reporting requirement of a financial institution. The classic example is cutting checks below the mandatory tax reporting threshold so that a bank, casino, stock broker or other entity does not pick up on the transaction.
Grading of Offense. Money laundering is a first degree crime when the amount involved is $500,000 or more. It is a second degree crime where at least $75,000 is involved but less than $500,000. A third degree crime arises where the dollar amount is less than $75,000.
Penalties. The penalties that apply for money laundering are set forth in the table below.
|First Degree||$200,000||10-20 years|
|Second Degree||$150,000||5-10 years|
|Third Degree||$15,000||up to 5 years|
Anti Money Laundering Penalty. In addition to the fines which apply for money laundering, an anti-money laundering penalty must be imposed. This penalty is $500,000 for first degree money laundering, $250,000 for second degree money laundering and $75,000 for third degree money laundering. Alternatively, the prosecutor may impose an anti money laundering penalty in the amount of three times the value of any property involved in a money laundering activity.
Parole Ineligibility. There is a mandatory minimum term of imprisonment that must be imposed and must be between one-third and one-half of the term imposed. The defendant cannot be released from custody until this period of parole ineligibility has been reached.
No Merger & Consecutive Sentences. A conviction for money laundering does not merge with companion charges for distributing drugs, promoting prostitution, credit card fraud or other criminal conduct. In addition, the period of imprisonment imposed at sentencing for money laundering must be served consecutively to any term ordered for the criminal activity.
Woodbridge NJ Money Laundering Lawyers
Woodbridge is one of the largest and most populated municipalities in Middlesex County so it is understandable that it has incidents of money laundering. For those arrested and charged with violating 2C:21-25, the stakes are just about as extreme as they get. An attorney with experience handling money laundering cases like Jason Seidman, Esq. of our office is an absolute must in our view. The lawyers at our firm are ready to defend a case arising anywhere in Middlesex County including Old Bridge, Carteret, Sayreville, Woodbridge and East Brunswick. Call us anytime 24/7 to speak to a lawyer on our staff.