New Jersey Money Laundering Attorneys With Over 200 Years Of Experience Serving As Prosecutors & Defending Financial Facilitation Charges
Money laundering, which is also referred to as financial facilitation, is a complex criminal charge that can result in extreme penalties in New Jersey. Acquiring money through drug distribution, theft by deception, identity theft, insurance fraud or another illegal activity creates a double whammy when the proceeds are laundered through legitimate enterprise or transactions. An individual faces not only an offense for the underlying criminal activity but also a separate felony for money laundering in NJ in violation of N.J.S.A. 2C:21-25. Securing representation from a New Jersey money laundering defense attorney who is experienced in defending charges of this nature is an absolute necessity to avoid jail time given the stiff punishment intended to deter this conduct.
Your Liberty Is Too Important To Entrust Your Case To An Attorney With Limited Experience
It is imperative that you take a very close look at the credentials of those you are consider as your lawyer. In terms of the criminal attorneys at the Law Offices of Jonathan F. Marshall, they can offer you:
- Over 200 years of combined experience handling complex criminal cases like those involving a New Jersey money laundering offense
- Former county prosecutor who have served in positions like Director of Major Crimes, the Drug Task Force and even the entire Trial Division
- A team of 10 defense lawyers who specialize exclusively in defense
- Certified criminal trial attorneys, a distinction held by less than 2% of those licensed in NJ
- Many money laundering cases successfully handled over the last several decades
To speak to a lawyer about the circumstances surrounding your complaint or indictment, an upcoming detention hearing or any other issue relating to your charge, contact our office anytime 24/7. Lawyers can be reached immediately by calling 1-877-534-7338.
Understanding Money Laundering Charges in New Jersey
The NJ Money Laundering Law sets forth 4 categories of conduct that results in a violation of N.J.S.A. 2C:21-25. The headings below discuss each pedigree of this offense.
- Transporting or Possessing Illegally Acquired Property. The first variety of money laundering concerns the transport or possession of property that the actor knows has been acquired through criminal activity or which he/she should reasonable know was derived from such activities.
- Engaging In A Transaction To Launder Money. The second way money laundering arises is by engaging in a transaction with property that the actor knows or reasonably should know was acquired illegally. A conviction under this category requires that the conduct either be motived by intent to facilitate or promote criminal activity or to conceal or disguise the nature, location, source, or ownership or control of the property derived from criminal activity, or to avoid a transaction reporting requirement under state or federal law.
- Organizing, Financing or Supervising a Laundering of Illegal Proceeds. The third form of money laundering occurs if the actor directs, organizes, finances, plans, manages, supervises or controls the transport or transactions of property that is known to be or reasonably should be known to be acquired through criminal activity.
- Evading The Reporting of a Transaction. The final category of money laundering concerns the intentional evasion of a transaction reporting requirement imposed by state or federal law, for example, cash reporting regulations.
A conviction under any of these categories essentially requires proof of two element: (1) commission of a criminal act(s) that generated money or property; and (2) use of the proceeds in a manner intended to conceal its criminal origin or to ‘wash” so it appears to be from a legal enterprise. See State v. Diorio, 216 N.J. 598 (2014).
How Is the Grade of this Offense Determined?
Money laundering can result in a first degree, second degree or third degree crime depending on the value of the property laundered. It is a first degree crime to engage in money laundering involving property with a value of $500,000 or more. It is a second degree crime if the value is at least $75,000 but less than $500,000. When the value is less than $75,000, money laundering is a third degree crime.
What Are The Penalties for Money Laundering in New Jersey?
Can you go to jail for money laundering? The answer is a resounding yes. How long you will go to jail if convicted of money laundering will be determined by what sort of offense you are charged with.
The penalties for first-degree money laundering are very serious and include 10-20 years in prison and a maximum fine equal to the greater of $200,000 or three times the value of the property involved in the criminal enterprise. The court must also impose a mandatory minimum term of imprisonment in jail, commonly referred to as a period of parole ineligibility, of at least one-third and as much as one-half of the sentence imposed.
At the time of sentencing for second-degree money laundering, an individual is exposed to 5-10 years of jail time and a potential fine equal to the greater of $150,000 or three times the value of the property laundered.
A conviction for third-degree money laundering results in up to 5 years of jail time and a potential fine equal to the greater of $15,000 or three times the value of the property involved in the illegal transaction(s).
A sentence imposed for money laundering must be served consecutively to any jail term imposed for the underlying criminal activity (e.g. distribution of CDS, credit card fraud, etc.).
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. This section does not preclude or limit a prosecution or conviction for any other offense.
Are There Any Diversion Programs To Avoid A Conviction?
Pretrial Intervention is a diversion program that allows an individual to avoid prosecution for money laundering. Pretrial intervention is available when a first-time offender is facing a third-degree offense for money laundering. A second-degree or first-degree money laundering charge is ineligible for Pretrial Intervention and the offender must serve jail time.
Can I Be Deported If I Am Convicted for Money Laundering?
Money laundering is considered an aggravated felony under Federal Law when the amount of funds or property exceeds $100,000. See U.S. Department of Justice, Criminal Resource Manual (Appendix D – Grounds for Deportation). As a result, an individual may be detained and subjected to deportation proceedings if they plead or are found guilty of money laundering.
Money Laundering Attorneys in New Jersey
You definitely need to hire an accomplished attorney irrespective of the degree of money laundering you were arrested for in New Jersey. The consequences of a conviction are extreme and are consecutive to any sentence that is imposed for the core criminal conduct. When the stakes are as high as those involved in a money laundering case there is no room for an inexperienced lawyer. Thankfully, the attorneys at the Law Offices of Jonathan F. Marshall have exactly what you need with decades of success stories defending charges like the one you are facing. Call us at 1-877-534-7338 for a free consultation with one of lawyers immediately.
More Frequently Asked Questions in NJ Money Laundering Cases
Money Laundering
What Are The Types Of Money Laundering I Might Be Prosecuted For In New Jersey?
There are four types of money laundering that you might be prosecuted for in New Jersey. These four types of money laundering are:
- You transported or possessed property you knew (or should have known) was acquired by illegal activity
- You intentionally avoided reporting requirements for the money (or other property) involved
- You directed, controlled, or were otherwise responsible for transporting money (or other property) that you knew (or should have known) came from criminal activity
- You made a transaction with the money (or property) that you knew (or should have known) was illegally acquired with intent to do one of the following:
- commit or promote criminal activity
- conceal the source or ownership of the money (or property)
- avoid necessary reporting of the transaction
Is Money Laundering In New Jersey A Federal Crime?
Yes, money laundering is both a federal and a New Jersey state crime. Therefore, you can be charged with money laundering by the state of New Jersey and the federal government. The federal law, enacted in 1986, is slightly broader than the state law and makes specific reference to hiding money that would be taxable by the IRS. Since federal law differs somewhat from the state law, it is crucial to hire a qualified federal criminal attorney, such as those at The Law Offices of Jonathan F. Marshall, to help you navigate this intricate legal system.
What Are What Constitutes Placement, Smurfing, Concealment, Layering, Structuring, Extraction, And Integration As Related To Money Laundering In New Jersey?
There are several terms and concepts that may come up in your money laundering case in New Jersey. These terms and definitions apply to all money laundering cases, not just in New Jersey.
Placement involves getting the “dirty” money into the banking system. This may involve adding illegally gained money to money earned legally (e.g., adding “dirty” money to the cash register of a legitimate cash business); creating false invoices; gambling; putting money in trusts to conceal the owner of the money; investing money in offshore companies to conceal the owner of the money; and using foreign bank accounts, including physically taking cash abroad and then wiring it back to the United States. Another popular placement method is called “smurfing,” or spreading out many small transactions over many different accounts to avoid reporting requirements.
Layering (sometimes called concealment or structuring) refers to using various placement techniques repeatedly, making it very difficult to trace the origin of the money. Sometimes shell companies are used. Sometimes goods are purchased and resold. In many cases, the bulk of these transactions may occur in other countries that do not have strict reporting requirements. More recently, cryptocurrencies (decentralized digital money, such as Bitcoin) and even online games have been used in the process of laundering money.
Extraction (sometimes called integration because the money is reintegrated into the regular economy) occurs when the money is taken out and used. The money returns to the criminal or criminal organization from what appears to be a legitimate source. The money is now “clean” – it can be used for any purpose without attracting attention from law enforcement. There may be significant “shrinkage” or loss of money in laundering it. Some examples of ways money might be extracted include: payments to fake or nonexistent employees; loans that will never be repaid; and dividends paid to shareholders of companies controlled by a criminal enterprise. The launderer may use this newly “clean” money to make expensive purchases, such as real estate, new cars, works of art, or jewelry.
Money laundering cases can be complex and often require an intricate understanding of the laws at issue. You do not have to fight these charges alone. Contact The Law Offices of Jonathan F. Marshall so they can help you plan your defense today.
What Are Potential Defenses To A Money Laundering Charge In New Jersey?
Some potential defenses to money laundering in New Jersey include:
- The source of the money was not illegal activity
- You did not know the money was illegally obtained
- The money or source of the money was not intentionally concealed
- An insignificant amount of money is involved
- There is insufficient evidence to prove the elements of the crime
- Issues with police procedure and searches and seizures (your rights were violated during the police investigation, or evidence was improperly obtained and cannot be used at trial)
If you think one of these defenses may apply in your case, you will want a knowledgeable attorney to help you present the strongest possible case. Contact The Law Offices of Jonathan F. Marshall today. You do not have to fight these charges alone.
