New Jersey Section 2C:41-1.1 – Declaration of policy and legislative findings
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New Jersey Section 2C:41-1.1 – Declaration of policy and legislative findings
New Jersey’s racketeering statute, Section 2C:41-1.1, outlines the state’s policy and rationale behind its laws targeting organized crime and racketeering activities. This section was enacted in 1981 as part of a broader legislative effort to combat organized crime that had taken root in New Jersey.
Background and Purpose
The New Jersey Legislature determined that organized crime and money laundering activities were heavily present in the state and were having profoundly negative effects. Organized crime was seen as a multi-billion dollar illicit industry that drains money from the economy, harms innocent victims, and threatens the peace and security of communities.
The Legislature declared that organized crime “is not merely a matter of state concern, but an insidious menace to the very foundation of our society and the security of our homes,” and that the resources of the state should be directed “against the unlawful elements which promote and profit from organized crime and money laundering”.
Section 2C:41-1.1 states that the goal of New Jersey’s racketeering laws is “to provide that activity which is inimical to the general health, welfare and prosperity of the State and its inhabitants be made subject to strict civil and criminal sanctions”.
The purpose is to try to eradicate organized crime by providing enhanced penalties, remedies and investigative tools to law enforcement.
Key Findings of the Legislature
The New Jersey Legislature made a number of findings about the nature and operations of organized crime, which provided justification for passing tough anti-racketeering laws. Some of the key findings were:
- Organized crime activities are “inimical” to the welfare of New Jersey residents. They constitute a major drain of money and power from the state.
- Organized crime continues to grow through the investment and reinvestment of its illegally obtained profits in legitimate businesses operating in the state. This allows criminal syndicates to infiltrate the economy and exert control.
- Members and associates of organized crime frequently own, control and operate numerous businesses and enterprises in New Jersey that cater directly to the public. This poses a threat to public safety and welfare.
- Organized crime uses money laundering to hide the unlawful origins of its income and promote reinvestment in legitimate businesses. Effective money laundering laws are needed to trace and seize these illicit funds.
- Members of organized crime have increasingly located and operated enterprises in New Jersey to take advantage of superior business conditions, infrastructure, and proximity to customers.
- Organized crime uses violence and intimidation to exert control over victims and infiltrate businesses and labor unions. Strict laws are needed to protect innocent citizens.
New Legal Tools to Combat Organized Crime
To address these findings, the New Jersey Legislature enacted a series of legal tools designed to combat racketeering and money laundering activities. These included:
- Civil remedies – Providing for civil lawsuits against racketeering enterprises, allowing victims to sue for triple damages. This hits organized crime in the pocketbook.
- Extended statutes of limitations – Extending the statute of limitations for criminal racketeering charges to five years, acknowledging investigations take time.
- Racketeering charges – Making it a serious criminal offense to acquire an interest in, operate or participate in a racketeering enterprise. This targets the organizations.
- Money laundering charges – Making money laundering a felony offense punishable by stiff fines and prison time. This follows the money trail.
- Asset forfeiture – Allowing law enforcement to seize assets connected with racketeering activities through civil proceedings. This confiscates ill-gotten gains.
- Investigative tools – Providing law enforcement with greater investigative tools, like wiretapping and witness immunity, to develop organized crime cases.
Conclusion
Through Section 2C:41-1.1, the New Jersey Legislature clearly stated its rationale and intentions in enacting strong racketeering laws. Organized crime was recognized as an insidious threat that drains money, infiltrates businesses, corrupts officials and threatens public welfare. The new legal tools were intended to attack organized crime through both civil and criminal sanctions, trace illicit funds, seize assets, protect victims and restore economic stability. While organized crime remains an ongoing challenge, the policy aims of Section 2C:41-1.1 continue to provide law enforcement with important investigative powers and penalties to combat racketeering enterprises in New Jersey.