Money Laundering in New Jersey

N.J.S.A. 2C:21-25 · Fraud & White Collar Offenses

What the law says

A person commits a crime by transporting, possessing, transacting in, or directing transactions in property known or reasonably believed to derive from criminal activity in the circumstances specified by the statute. A person also commits a crime by acting with the purpose to evade transaction-reporting requirements through causing a required report to be omitted or materially misstated, or through structuring or assisting in structuring transactions.

Where this case is heard depends on how it's charged. We'll review your complaint and explain exactly which court you're in and what you face.

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:21-25, that means:

• The person transports or possesses property known, or which a reasonable person would believe, to be derived from criminal activity.
• The person engages in a transaction involving property known, or which a reasonable person would believe, to be derived from criminal activity, with intent to facilitate or promote the criminal activity.
• The person engages in a transaction involving such property, knowing that the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or control of the property, or to avoid a transaction reporting requirement under the laws of this State, any other state, or the United States.
• The person directs, organizes, finances, plans, manages, supervises, or controls the transportation of or transactions in property known, or which a reasonable person would believe, to be derived from criminal activity.
• With the purpose to evade a transaction reporting requirement of this State or of 31 U.S.C. s.5311 et seq. or 31 C.F.R. s.103 et seq., or rules or regulations adopted under those chapters and sections, the person causes or attempts to cause a required reporting entity to fail to file a report or to file a report containing a material omission or misstatement of fact.
• With the purpose to evade a transaction reporting requirement, the person structures or assists in structuring, or attempts to structure or assist in structuring, a transaction with one or more entities required by State or federal law to file reports regarding currency transactions or suspicious transactions.

Other rules that can matter

• Property is known to be derived from criminal activity if the person knows that it represents proceeds from some form, though not necessarily which form, of criminal activity.
• In determining whether a transaction was designed to avoid a transaction reporting requirement, the finder of fact may consider whether the person, acting alone or with others, conducted one or more currency transactions, in any amount, at one or more financial institutions, on one or more days, in any manner.
• For purposes of the stated reporting-avoidance provision, “in any manner” includes breaking down a single sum of currency exceeding the reporting requirement into smaller sums, including sums at or below the requirement, or conducting a transaction or series of currency transactions at or below the requirement. The transaction or transactions need not exceed the reporting threshold at any single financial institution on any single day to demonstrate a violation of subparagraph (b) of paragraph (2) of subsection b.
• “Structure” or “structuring” means that a person, acting alone or in conjunction with or on behalf of other persons, conducts or attempts to conduct one or more currency transactions, in any amount, at one or more financial institutions, on one or more days, in any manner, for the purpose of evading currency transaction reporting requirements provided by State or federal law.
• For purposes of the definition of “structure” or “structuring,” “in any manner” includes, but is not limited to, breaking down into smaller sums a single sum of currency meeting or exceeding the amount necessary to trigger a currency reporting requirement, or conducting a transaction or series of currency transactions at or below the reporting requirement. The transaction or transactions need not exceed the reporting threshold at any single financial institution on any single day to meet that definition.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Lack of intent to defraud, as opposed to a business dispute or honest mistake
• Challenging loss calculations that drive the degree of the charge
• Document, bank-record, and electronic-evidence review with forensic accountants
• Early negotiation and restitution that can keep a case out of state prison

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Money Laundering charge.

Related charges

• Theft by Deception →
• Theft by Extortion →
• Computer Criminal Activity →
• Forgery →
• Bad Checks →
• Credit Card Fraud →
• Insurance Fraud →
• Identity Theft →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.