New Jersey Section 2C:66-5 – Release of funds
New Jersey Law Allows Accounts to be Frozen – But You Can Fight Back
New Jersey has a law, Section 2C:66-5, that allows the government to freeze bank accounts connected to suspected terrorists or terrorist supporters. This can happen without notice and it means you can’t access your money. I know – it sounds scary. The government says this helps fight terrorism but it can really mess up innocent people’s lives when their accounts get frozen by mistake.
Let’s break down how this law works so you understand your rights if it happens to you or someone you know.
How New Jersey’s Asset Freeze Law Works
This law is part of New Jersey’s anti-terrorism statutes. It allows the Attorney General to get a court order to freeze assets or bank accounts connected to suspected terrorists or their supporters.
To get the order, the A.G. has to convince a judge there’s probable cause to believe the accounts are linked to terrorist activities. But the standard of proof is pretty low here – it’s not like a criminal trial where they have to prove guilt “beyond reasonable doubt.”
Once the court signs off, the financial institution (the bank) has to freeze the accounts. They can’t allow any withdrawals or transfers. And they can’t tell the account holder what’s happening – the freeze happens in secret.
So if this happens to you, one day you just go to use your debit card or log into your bank account and – boom – your money is locked up without explanation.
Not cool. But here’s the good news…
You Can Fight Back! How to Get Your Money Released
The law says you have the right to challenge the asset freeze and try to get a judge to release your funds.
There’s a process to do this:
- File a Motion. You or your lawyer files a “notice and motion” with the court. This tells the judge you want a hearing to fight the freeze and get your assets released.
- Prove Your Innocence. At the hearing, the burden is on you to convince the judge you’re not involved with terrorism. You and your lawyer can present evidence like bank records, explanations of where the money came from, testimony from people who know you, etc.
- Hopefully Win. If the judge is convinced you’re not a terrorist and the accounts were frozen by mistake, he/she can order them released so you get access to your money again.
See – you have a chance to fight back! But it puts the burden on you to somehow prove your innocence. And if you can’t convince the judge, your assets stay frozen indefinitely until the government decides to release them.
So this law definitely needs some reforms to better protect innocent people caught up in it accidentally. Keep reading and I’ll discuss that…
Problems with New Jersey’s Asset Freeze Law
While this law aims to fight terrorism, civil liberties groups say it goes too far and violates people’s basic rights in some concerning ways:
No Due Process: Your accounts can get frozen without notice or a hearing. You have to fight AFTER-the-fact to get your money released. So it’s “guilty until proven innocent” which goes against principles of due process.
Low Standard of Proof: The government only needs “probable cause” to freeze accounts – not definitive proof of terrorist links. So mistakes can happen more easily.
Indefinite Freezes: If the judge decides not to release your funds, they can stay frozen indefinitely. The law has no time limit on how long the government can seize your money.
Chills Donor Rights: Advocacy groups worry this will scare people away from donating to Muslim charities or humanitarian causes, fearing their donations could get them labeled “terrorist supporters.” That violates freedom of speech and association.
As you can see, civil liberties advocates have some valid concerns about how this far-reaching law impacts basic rights. There’s definitely room for improvement…
Reforms to Better Protect Innocent Account Holders
Here are a few tweaks that could help prevent problems with accidental asset freezes:
- Require judges to review asset freeze applications more closely to confirm the evidence really points to terrorism. This would weed out weaker cases upfront before people’s accounts get frozen unnecessarily.
- Put a 30 or 60 day limit on how long accounts can stay frozen unless the government brings formal criminal charges related to terrorism. This would prevent indefinite seizures of people’s money without due process.
- Require banks to notify account holders if their assets get frozen, even if there’s a delay for law enforcement reasons. This would at least let people know what’s happening with their funds.
- Shift more of the burden onto the government to convince judges WHY frozen accounts should stay seized during court hearings. Right now innocent people have to somehow prove a negative and demonstrate they’re NOT terrorists.
These tweaks could help strike a better balance between security and protecting people’s rights. If your accounts ever get frozen, make sure to fight back and also contact lawmakers about fixing parts of this law!
Now let’s talk about some possible defenses you could use if your assets get frozen under this law…
Fighting Back: Legal Defenses to Use
If your funds get seized under New Jersey’s asset freezing law, here are some of the arguments and defenses you can use to convince the judge they made a mistake:
Wrong Person Mistake: Argue there is no evidence actually linking YOU to terrorism specifically. Mistaken identity mix-ups happen and could incorrectly target your accounts. Provide proof of who you actually are.
Source of Funds: Explain to the judge where all your money came from – your job, a business you own, inheritance, etc. Proving the lawful sources of your income and assets shows you’re not involved in suspicious transactions.
First Amendment Rights: If any seized assets were used to donate to Muslim charities or humanitarian causes, argue this is protected free speech and association under the First Amendment. Remind the court these rights still apply even when fighting terrorism.
No Criminal Charges: Point out the government has not charged you with any terrorism-related crimes. The lack of actual criminal prosecution undercuts suggestions you are directly aiding terrorists.
Burden of Proof: Argue the government has not met its burden of proof to show your specific connection to terrorism “beyond reasonable doubt.” Hold prosecutors to a high standard for making such serious allegations.
The more evidence you can provide about the lawful sources of your money and lack of terrorist ties, the better. Getting statements from credible sources like your employer, community leaders etc. also helps.
And if you don’t have enough money to hire a lawyer? Check if you qualify for public defenders or pro bono assistance from civil liberties groups fighting these laws. Don’t let lack of funds stop you from asserting your rights!
Final Thoughts
Look, I get it. Laws aiming to cut off funding for terrorists sound good on paper. No one wants their money going to support violence or illegal activity if they can help it!
But the road to hell is paved with good intentions. And in practice, sweeping laws like asset freezes end up catching innocent people in the crossfire more often than we’d like.