New Jersey Section 2C:41-2 – Prohibited activities
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New Jersey Section 2C:41-2 – Prohibited activities
New Jersey has some pretty strict laws when it comes to organized crime and racketeering. Section 2C:41-2 of the New Jersey Code of Criminal Justice lays out a bunch of activities that are considered prohibited under state law. This section makes it illegal to engage in certain types of conduct that are associated with organized crime groups like the mafia.
Overview of 2C:41-2
The purpose of 2C:41-2 is basically to crack down on mob-related activities. It lists out a whole bunch of crimes that are frequently committed by organized crime groups. The law prohibits things like extortion, loansharking, illegal gambling, trafficking in stolen property, money laundering, and even murder and kidnapping when done in connection with racketeering activity.
So like, if you’re running an illegal sports betting ring and roughing people up to collect debts, you’d be violating 2C:41-2. Or if you’re part of a crew that’s fencing stolen goods and killing snitches, that would also fall under this statute. It’s aiming to take down traditional mafia rackets.
Specific prohibited activities
Section 2C:41-2 gets really detailed in describing the kinds of activities it prohibits. Here’s a quick rundown of some of the major ones:
- Extortion – Basically threatening or intimidating someone to get them to hand over money or property. A classic mafia shakedown scheme.
- Loansharking – Making illegal high-interest loans to desperate people and using violence or threats to collect on the debts.
- Illegal gambling – Running games of chance like bookmaking, numbers games, or unlicensed casinos. Jersey has pretty strict gambling laws.
- Fencing stolen property – Buying, selling, or distributing property that you know is stolen. Mob crews are often involved in moving hot merchandise.
- Counterfeiting – Producing or possessing counterfeit items like fake designer clothes, pirated movies, knockoff purses, etc.
- Drug trafficking – Illegally distributing or possessing large quantities of controlled dangerous substances.
- Money laundering – Concealing the source of illegal funds by filtering through legitimate businesses. Gotta make that dirty money look clean.
- Murder, kidnapping, and assault – Only prohibited under 2C:41-2 if done in connection with racketeering activity.
- Obstruction of justice – Intimidating witnesses, tampering with evidence, bribing officials to avoid prosecution.
Penalties
The penalties laid out in 2C:41-2 depend on the severity of the prohibited activity. At the lower end, someone convicted under this statute could face 3-5 years in prison and fines up to $200,000 for offenses like fencing stolen property or promoting illegal gambling.
Things ramp up from there. Extortion, loansharking, and counterfeiting are second degree crimes carrying 5-10 year prison sentences. And first degree racketeering activities like drug trafficking, money laundering, and violence can lead to 10-20 years in the slammer. There are also provisions for seizing assets and property used in or derived from criminal activity.
So the moral of the story is, don’t join the Jersey mob! Prosecutors have been using 2C:41-2 aggressively to take down organized crime operations in the state. The laws give them broad authority to go after anyone involved with pretty much any type of racketeering activity.
Legal challenges
There have been some legal challenges to 2C:41-2 on the grounds that it’s unconstitutionally vague or broad. Critics argue the language could apply to conduct that’s not necessarily mob-related.
For instance, what exactly constitutes an “illegal debt? And doesn’t the definition of “racketeering” sweep in crimes that are already prohibited under other statutes? But so far, state and federal courts have rejected these arguments and upheld the constitutionality of 2C:41-2.The New Jersey Supreme Court stated that the law was intentionally meant to cover a broad range of organized criminal conduct. So minor vagueness is acceptable to achieve the greater purpose of combatting racketeering. The court basically said when in doubt, defer to the legislature’s intent to crack down on mob activity.
Famous cases
There have been some high-profile cases that saw mobsters taken down under the provisions of 2C:41-2. Here are a few of the most notable:
- Nicodemo Scarfo – The former Philly mob boss was convicted in 1988 of running an illegal gambling and loansharking operation. He got 25 years thanks to 2C:41-2.
- DeCavalcante family – More than 30 alleged members and associates of this New Jersey crime family were indicted in 2000 for racketeering, extortion, and murder conspiracy charges.
- Lucchese crew – Nine members of a Lucchese family crew operating in New Jersey were charged in 2016 with running a massive loansharking, illegal gambling, and money laundering ring.
So this law has been super important for taking down traditional organized crime outfits that are still active in New Jersey. It gives law enforcement a lot of leeway to pursue mob racketeering cases.
Criticisms
There’s an argument to be made that 2C:41-2 grants the government too much power. Defense attorneys have warned it could allow overzealous prosecutors to slap racketeering charges on petty criminals who aren’t actually connected to organized crime.
Others contend the law unfairly targets Italian-American communities. There’s concern legitimate business owners could get wrapped up in racketeering indictments just for having associations with or paying extortion money to mobsters.
Civil libertarians caution that in the quest to take down the mob, 2C:41-2 treads dangerously close to punishing people simply for belonging to a group rather than proving they committed specific crimes.
But lawmakers defend the statute as necessary to dismantle entrenched criminal organizations. It aims to cut off the various sources of revenue and influence that allow racketeering outfits to corrupt society.
Conclusion
New Jersey 2C:41-2 clearly provides law enforcement with broad powers to prosecute all kinds of mob rackets. Supporters praise it as an important tool for weakening the grip of organized crime. But there are also concerns about potential abuse, overreach, and discrimination in its application.
It will likely continue to generate controversy and spur debate between those taking a tough-on-crime stance and advocates for civil liberties. But for now, the Garden State’s stringent anti-racketeering laws are here to stay on the books.
So best advice – don’t get mixed up with the Jersey mob!