New Jersey Section 2C:21-41 – Regulations.

New Jersey’s Regulations on Forgery and Fraud Offenses – What Lawyers Should Know

Forgery, fraud, and related offenses are serious crimes that can result in stiff penalties under New Jersey law. As lawyers, it’s crucial we understand the regulations around these offenses in Section 2C:21-41 of the New Jersey Code of Criminal Justice. This will help us properly advise and defend clients who are facing charges.

Overview of Forgery and Fraud Provisions

New Jersey’s forgery and fraud provisions are contained in Chapter 21 of Title 2C. This covers a wide range of offenses – everything from traditional forgery and counterfeiting crimes to identity theft, credit card fraud, insurance fraud, and misconduct by corporate officials.

The statutes lay out detailed definitions of illegal conduct, grading of offenses, and potential penalties. For instance, forging documents or signatures is a 3rd degree crime if the writing is one that does “or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status” §2C:21-1(a). And identity theft can range from a 4th degree crime to a 1st degree crime depending on the extent of the fraud §2C:21-17.

As lawyers, having a solid grasp of these statutes will be invaluable when counseling clients on their rights and potential exposure. It’s not always intuitive what conduct might constitute a crime, so we need to be well-versed in the law’s boundaries.

Diving Into the Regulations

Section 2C:21-41 authorizes the Attorney General to issue regulations related to Chapter 21’s forgery and fraud provisions. These regulations provide important administrative guidance on interpreting and enforcing the law.

Some key examples include:

• Definitions – Regulations further defining terms like “writing” and “utter” that are used throughout Chapter 21. This brings additional clarity to the statutes’ scope N.J.A.C. 13:45A-1.2.
• Grading Factors – Regulations listing out factors prosecutors should consider when determining the degree of certain fraud offenses, like the amount of money involved or number of victims N.J.A.C. 13:45A-1.4.
• Insurance Fraud – Detailed regulations on investigating insurance fraud under 2C:21-4.5 et seq., including procedures for issuing subpoenas and confidentiality of records N.J.A.C. 13:80-1.1 et seq.

Poring through these regulations gives us greater insight into how prosecutors approach forgery and fraud cases. Understanding their perspective allows us to craft stronger arguments and defenses for clients.

When Regulations Collide with Case Law

While regulations can clarify statutes’ application, they aren’t definitive law. Sometimes regulations conflict with how courts have interpreted a statute in case decisions. When this happens, case law trumps contrary regulations.

A good example is the regulations defining “uttering” a forged document broadly as “to issue, authenticate, transfer, publish, deliver, transmit, present, display, use, or certify” N.J.A.C. 13:45A-1.2. But in State v. Gonzalez, the court held that simply displaying or exhibiting a forged document doesn’t constitute uttering without an “assertion by word or action” that the document is authentic.

Situations like this illustrate why we can’t rely solely on regulations when advising clients. We have to research case law interpretations and any limitations the courts have placed on statutes or regulations. This comprehensive understanding allows us to mount the strongest possible defense.

Other Important Regulations

Beyond Chapter 21, there are other regulations related to fraud that are useful to know:

• Insurance regulations – Contains anti-fraud rules for insurers, claim forms, reporting requirements, and more. See N.J.A.C. 11:16-1 et seq.
• Medicaid regulations – Prohibits false claims, kickbacks, self-referrals, and other fraud under the Medicaid program. See N.J.A.C. 10:49-13.1 et seq.
• Consumer fraud regulations – Implements the Consumer Fraud Act, with rules on unlawful practices, remedies, and investigations. See N.J.A.C. 13:45A-1 et seq.
• Legalized games of chance – Sets standards for games of chance under the Bingo Licensing Law and Raffles Licensing Law. Aims to prevent fraud and misuse. See N.J.A.C. 13:47-1 et seq.

Perusing these related regulations gives us a more comprehensive perspective on fraud enforcement in New Jersey. It also reveals gaps that clients could potentially exploit.

When in Doubt, Seek Clarification

• Reach out to the Attorney General’s Office for an advisory opinion on interpreting a regulation.
• Petition for a declaratory ruling from the agency that issued the regulation.
• Argue for a limiting construction of the regulation in court.
• Request the agency go through rulemaking to amend an unclear regulation.

Using these avenues prudently can help resolve uncertainties in the law and advance our clients’ interests.