New Jersey’s Public Corruption Profiteering Law: What You Need to Know

New Jersey has some pretty strict laws when it comes to public corruption. Section 2C:30-8 of the New Jersey Code of Criminal Justice, also known as the “Public Corruption Profiteering Penalty Act,” allows for some hefty fines and penalties for those convicted of public corruption crimes like bribery, misconduct in office, and more. As a lawyer practicing in New Jersey, it’s important to be familiar with this law and how it can impact your clients.

What is public corruption?

Public corruption involves a breach of the public’s trust by an elected official or public employee. It includes things like bribery, extortion, embezzlement, and abuse of power for personal gain. Common public corruption charges in New Jersey include official misconduct, speculating or wagering on official action, and deprivation of civil rights by a public official.

What does the Public Corruption Profiteering Law do?

This law allows prosecutors to seek additional civil penalties and fines from those convicted of public corruption crimes in New Jersey. Fines can be up to 5 times the amount of any financial benefit obtained through the crime. For example, if a mayor accepted a $50,000 bribe, they could be fined up to $250,000 in addition to any criminal penalties.

The law also creates a Public Corruption Profiteering Penalty Fund to collect these fines. The money goes to support law enforcement efforts against corruption. Prosecutors can even seize assets connected to public corruption crimes through forfeiture proceedings.

What crimes can lead to penalties under this law?

Section 2C:30-8 applies to convictions for the following New Jersey crimes:

• Official misconduct
• Speculating or wagering on official action
• Deprivation of civil rights by a public official
• Bribery
• Threats and other improper influence in official matters
• Compensation for past official behavior
• Unlawful benefit for official behavior

So any public corruption or bribery-related convictions can open the door for these additional penalties. The law also applies to anyone who “aids, assists, or participates” in these crimes.

How are penalty amounts calculated?

Courts determine the penalty amounts based on:

• The severity of the crime
• The amount of any illegal profits
• The defendant’s history, character, and attitude
• The need for deterrence

There are no strict sentencing guidelines. But the law requires penalties “sufficient to constitute a meaningful deterrent” to corruption. Fines usually end up being a multiple of any ill-gotten gains.

Can penalties be reduced or waived?

Courts have the power to waive or reduce public corruption profiteering penalties if:

• The defendant cooperates fully with prosecutors before conviction
• They were a minor participant in the crime
• They have a limited ability to pay due to lack of financial resources

To get a reduction, the defendant has the burden of proving they meet one of these criteria. Prosecutors can argue against any penalty reduction requests.

How are public corruption profiteering penalties enforced?

After conviction, prosecutors can file a civil action to collect any penalties imposed under Section 2C:30-8. The Attorney General or county prosecutor handles these cases.

If a defendant fails to pay the penalties, the state can enforce collection through wage garnishment, property liens, or asset seizure just like any civil judgment. Refusing to pay penalties can also be grounds for a contempt of court charge.

What are the pros and cons of this law?

Pros:

• Helps deter corruption by increasing penalties
• Punishes financial motives behind public corruption
• Provides extra funding for law enforcement

Cons:

• Civil penalties are added on top of criminal punishment
• Standards for penalty amounts are vague
• Reduction/waiver process creates uncertainty
• Asset forfeiture raises due process concerns

Key Takeaways

The Public Corruption Profiteering Penalty Act allows severe civil fines for those convicted of corruption crimes in New Jersey. Penalties are based on the financial gain and can be reduced only in limited circumstances. Prosecutors have power to aggressively enforce collection of these penalties.

When representing clients charged with official misconduct or related crimes in New Jersey, an understanding of these enhanced penalties under Section 2C:30-8 is essential. This law ups the ante significantly for public corruption convictions in the state.