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 generally four main types of money laundering charges in New Jersey. These include possessing or transporting illegal proceeds, avoiding reporting requirements, directing illegal funds, or conducting transactions to conceal or promote criminal activity. Each type focuses on knowledge of the illegal origin and intent behind the transaction.
Is Money Laundering In New Jersey A Federal Crime?
Yes, money laundering can be prosecuted under both New Jersey state law and federal law. Federal law is often broader and focuses on concealing proceeds, including taxable income. Because of overlapping jurisdictions, defendants may face charges in both systems.
What Are What Constitutes Placement, Smurfing, Concealment, Layering, Structuring, Extraction, And Integration As Related To Money Laundering In New Jersey?
Placement involves introducing illegal funds into the financial system, often by mixing them with legitimate money. Layering or structuring hides the source through complex transactions, sometimes using shell companies or digital assets. Extraction or integration occurs when the “cleaned” money is reintroduced for personal or business use.
What Are Potential Defenses To A Money Laundering Charge In New Jersey?
Common defenses include lack of knowledge that funds were illegal or proof that the money came from a legitimate source. Other defenses may involve insufficient evidence or violations of constitutional rights during the investigation. Each case depends heavily on its specific facts.
