New Jersey Section 2C:21-27.5 – Relation to other dispositions.

New Jersey Section 2C:21-27.5 – Relation to other dispositions

New Jersey has some pretty complex laws when it comes to financial crimes like money laundering. One of those laws is Section 2C:21-27.5, which talks about how penalties for money laundering relate to other penalties or punishments someone might get. Let’s break it down in simple terms.

What is money laundering?

First, a quick primer on money laundering. Money laundering is when someone takes money from illegal activities – like drug dealing, fraud, etc. – and hides where it came from. They’ll do things like funnel it through legitimate businesses or transfer it a bunch of times to make it hard to trace back to the original crime.

Obviously, money laundering helps criminals get away with illegal stuff. So it’s a serious crime in itself.

New Jersey’s anti-money laundering laws

New Jersey has a whole set of laws aimed at fighting money laundering and making it less profitable. They’re in Chapter 21 of the criminal code, which covers forgery and financial crimes.

Some key parts:

• Section 2C:21-23 explains why money laundering is bad and New Jersey wants to crack down on it.
• Section 2C:21-25 makes money laundering a crime.
• Section 2C:21-27 sets how much jail time and fines money launderers can get. It’s up to 20 years in prison and a $500,000 fine!
• Sections 2C:21-27.1 through 2C:21-27.6 establish an “anti-money laundering profiteering penalty.” This is an extra fine that takes away a defendant’s profits from illegal activity.

Which brings us to 2C:21-27.5…

What does 2C:21-27.5 cover?

This section deals with how the anti-money laundering penalty relates to other punishments a defendant might get. Let’s break down what it says:

“An anti-money laundering profiteering penalty…shall be imposed and paid in addition to any term of imprisonment, probation, community or public service, fine, fee, assessment or other disposition imposed pursuant to the provisions of N.J.S.2C:43-3.”

This means a defendant has to pay the profiteering penalty on top of any other punishment the judge gives them. So if they get 5 years in prison, they still owe the full profiteering fine when they get out.

The law wants to make sure criminals can’t avoid the penalty. The section goes on:

“Notwithstanding any other provision of law to the contrary, an anti-money laundering profiteering penalty imposed pursuant to [the law] shall not be deemed a fine, penalty, or forfeiture subject to [other limits in the criminal code].”

This part says the profiteering penalty doesn’t count toward limits on fines or forfeitures in other laws. Normally there are caps on how much defendants have to pay. But the penalty is exempt – it’s on top of the normal limits.

Why does this matter?

The goal is to really hit money launderers where it hurts – the pocketbook. Even if a judge can’t give them a ton of jail time under the sentencing laws, the profiteering penalty can take away all the profits from their crime.

This section makes it clear the penalty can’t be avoided. No getting out of it by saying it exceeds fine limits or should count toward other punishments. The penalty is extra on purpose to deter criminals.

Some argue these penalties go overboard though. They say forfeitures have been abused in some cases to take money without due process. There are concerns about civil liberties and investigation tactics.

But supporters say the tough approach is needed to fight money laundering. This battle continues in legislatures and courts. Section 2C:21-27.5 is an important piece in understanding New Jersey’s philosophy.

The bottom line

Money laundering is serious, so New Jersey hits offenders with both jail time and penalties taking away ill-gotten gains. Section 2C:21-27.5 makes clear the anti-money laundering penalty is extra on top of other punishments. This comprehensive approach aims to make the crime unprofitable.

Of course, the laws are complex with room for debate. There are always questions about balancing crime-fighting and civil liberties. But hopefully this overview gave some insight into what the section is meant to do. Stay tuned for more breakdowns of New Jersey’s anti-money laundering laws!