New Jersey Section 2C:66-8 – Notice

New Jersey’s Notice Requirement for Freezing Terrorist Funds

New Jersey has enacted strong laws to combat terrorist financing in the wake of 9/11. One key law is Section 2C:66-8, which sets forth notice requirements when the state freezes assets related to terrorism. This article will explain the notice provisions, discuss their rationale, and highlight some practical implications.

Overview of Section 2C:66-8

Section 2C:66-8 is part of New Jersey’s “Freezing Funds and Assets Related to Terrorism” law. This allows the Attorney General to apply for a court order to freeze assets when there is reasonable suspicion that an account holder has or will commit a terrorist act^[1].

Within 10 days after a freezing order is issued, Section 2C:66-8 requires the Attorney General to send notice to the account holder. The notice must identify the assets frozen, advise that person of their right to a hearing, and set forth procedures for requesting a hearing^[2].

So in plain English – if New Jersey freezes your bank account because of suspected terrorist ties, you are entitled to formal notice of that action within 10 days.

Why Notice is Required

Requiring prompt notice for frozen assets serves several important purposes:

• It avoids situations where accounts remain frozen indefinitely without the holder’s knowledge. Even if assets are later shown to be tied to terrorism, notice gives the accused an opportunity to promptly respond.
• Notice facilitates due process rights. By advising holders of their right to a hearing, it sets in motion procedural protections^[3]. Courts have found notice essential for due process when restricting property rights^[4].
• It strikes an appropriate balance between security interests and individual rights. Freezing assets is an extreme measure – notice helps safeguard civil liberties^[5].

So in short, notice provides meaningful protections against abuse or overreach. It gives accused persons a chance to challenge any errors and assert their rights.

Practical Implications

What does this notice requirement mean in practice? It has at least three key implications:

1. The State Must Act Quickly to Notify

The 10-day window creates an affirmative duty for prosecutors to act fast. They cannot freeze accounts indefinitely without informing the owner. This compels the state to promptly evaluate accounts after seizure and formalize next steps.

2. Delayed Notice Requires Justification

Courts allow delayed notice in some cases based on law enforcement needs. However, prosecutors must show good cause and these delays cannot be indefinite. The state must eventually inform owners, allowing them to respond.

3. Notice Facilitates Hearings

By giving notice, the state sets in motion the account holder’s right to a hearing. The notice letter must advise of hearing rights and procedures. This allows owners to promptly challenge any improper freezing.

Conclusion

In sum, New Jersey’s notice requirement for frozen terrorist assets serves vital interests. It avoids protracted, secret seizures and enables due process. The 10-day window compels prosecutors to act quickly while striking an appropriate balance between security and civil rights.