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Money Laundering, or its more formal term “Financial Facilitation”, is one of the more serious forms of “White Collar Crime” in New Jersey. The term Money Laundering, typically gives rise to thoughts of drug money. While Money Laundering charges can often involve the “washing” of drug money, it can also refer to a variety of other criminal activity. Money Laundering is not resigned to just one underlying form of criminal behavior, but instead refers to the general facilitation or transfer of “dirty money” from one place to another. The severity of these charges and the degree of the offense will vary depending upon the amount of money involved. In certain situations, Money Laundering charges could carry up to twenty (20) years in a New Jersey State Penitentiary. That twenty (20) year prison term would be for just to single charge and would be subject to a drastic increase if you are facing additional charges for crimes like Theft, Extortion, Drug Distribution, Credit Card Fraud or Forgery. With all of these factors possibly working against you, it is imperative that you consult with an experienced New Jersey Money Laundering Attorney. The County Prosecutor or State Attorney General will prosecute these types of crimes with the full force of the law. For more information, please do not hesitate to contact our office.
The criminal defense attorneys at Proetta, Oliver & Fay have spent their careers defending those accused of serious criminal charges throughout New Jersey, including Burlington County. If you are facing criminal charges involving Money Laundering, then you are facing an uphill battle. Not only will the possibility of a long-term of incarceration, if convicted, but the State may also attempt to have you detained for the period leading up to your potential trial. These Pretrial Detention Hearings occur at the beginning of your case and are a crucial part of your defense. For an immediate and complimentary consultation with a Firm Partner, please contact our office directly at (609) 850-8284. We are available day and night for your convenience and we handle cases throughout the area, including towns like Mount Holly, Evesham, Mount Laurel, Cinnaminson, Florence, Bordentown, Burlington Township, Medford, Southampton, Pemberton, Riverside, Maple Shade, Palmyra and Delran. Please do not hesitate to call with any questions or concerns about these charges.
The criminal statute for Money Laundering can be found under N.J.S.A. 2C:21-25. The statute itself is long and verbose, but the overall meaning can be boiled-down into groups of illegal conduct. In any event, the overall meaning and proscribed conduct refers to the taking/possession of money that you knew or should have known was derivative of illegal conduct. For a more detailed explanation of the most common forms of Money Laundering in New Jersey, please see below:
Under this first part of the Money Laundering statute, it is a violation to “transport or possess property known or which a reasonable person would believe to be derived from criminal activity.”
Under this second part of the Money Laundering statute, it is a violation to “engage in a transaction involving property known or which a reasonable person would believe to be derived from criminal activity with the intent to facilitate or promote criminal activity.”
Under this final part of the Money Laundering statute, it is a violation to “direct, organize, finance, plan, manage, supervise or control the transportation of or transactions in property known or which a reasonable person would believe to be derived from criminal activity.”
Depending on the facts of your case, you could be facing either a Third Degree indictable crime, Second Degree indictable crime or First Degree indictable crime. The length of a potential prison sentence and the financial penalty will vary among these three types of charges. Moreover, your ability to apply for and be admitted into a Diversionary Program like Pretrial Intervention will be directly affect by the degree of your charges. For a more detailed breakdown of the penalties involved for each offense, please see below:
If the amount of “laundered money” alleged in the charges exceeds $500,000.00, then the Defendant will be facing First Degree Money Laundering charges. If convicted of First Degree Money Laundering, then the Court may sentence you to a term of incarceration between ten (10) and twenty (20) years in a New Jersey State Prison, along with a fine upwards of $200,000.
If the amount of “laundered money” alleged in the charges exceeds $75,000 but is less than $500,000 then the Defendant will be facing Second Degree Money Laundering charges. If convicted of Second Degree Money Laundering, then the Court may sentence you to a term of incarceration between five (5) and ten (10) years in a New Jersey State Prison, along with a fine upwards of $150,000.
If the amount of “laundered money” alleged in the charges is less than $75,000 then the Defendant will be facing Third Degree Money Laundering charges. If convicted of Third Degree Money Laundering, then the Court may sentence you to a term of incarceration between three (3) and five (5) years in a New Jersey State Prison, along with a fine upwards of $35,000.
Money Laundering charges are often complex and difficult cases to defend against. They may involve long “money trails” and possible search warrants into your bank accounts. Whether your charges are part of a large-scale drug operation or a financial institution, it is imperative that you understand fully how to fight these types of criminal cases. If the State’s case against lacks strong proofs or evidence, then you may be eligible for a downgrade of your charges or possible dismissal of your charges through a Diversionary Program like Pretrial Intervention. Moreover, you as part of the arrest and criminal charges, your property may be subject to seizure and forfeiture. If you or a family member have pending criminal charges in Burlington County or elsewhere, please do not hesitate to contact our office immediately at (609) 850-8284. We can be reached 24/7 for your convenience and we will gladly discuss what options you have in fighting your pending criminal charges.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have four office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted.
525 Highway 73,
Suite 104, Marlton,
New Jersey 08053
Phone: 609-850-8284
By Appointment Only
100 Horizon Center
Boulevard, Hamilton,
New Jersey, 08691
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3828 River Road,
Suite A, Point Pleasant,
New Jersey 08742
By Appointment Only
180 Kings Highway,
Middletown Township,
New Jersey 07748
By Appointment Only