Recently the Bergen County Prosecutor’s Office charged two foreign nationals with money laundering and other crimes. Indeed, the cops caught wind of ostensibly suspicious and unusual money transactions related to businesses the pair owned. Thus, the authorities allege the man and woman tried to hide $5.7 million, per NJ dot com. Additionally, the cops claim the pair passed profits through a check casher. Furthermore, they maintain the pair divided cash deposits among different financial institutions to evade anti-money laundering reporting laws. Moreover, the cops claim the man did not report taxes on about $1.8 million income. Consequently, authorities arrested the pair for money laundering, financial facilitation-structuring, and conspiracy. Additionally, the cops charged the man with failure to pay taxes and filing a false tax return.
Financial Facilitation of Criminal Activity, N.J.S.A. 2c:21-25
Money Laundering, N.J.S.A. 2c:21-25(a)
Under New Jersey law, the Money Laundering statute prohibits a person from transporting or possessing property known or reasonably believed as derived from criminal activity. Accordingly, at trial the State bears the burden to prove beyond a reasonable doubt the defendant (1) knowingly transported or possessed property, and (2) knew or reasonably believed the property derived from criminal activity.
Promotion of Money Laundering, N.J.S.A. 2c:21-25(b)(1)
Additionally, New Jersey law prohibits a person from engaging in a transaction involving property known or reasonably believed as derived from criminal activity with the intent to facilitate or promote criminal activity. Accordingly, at trial the State bears the burden to prove beyond a reasonable doubt the defendant (1) knowingly engaged in a transaction involving property, (2) knew or reasonably believed the property derived from criminal activity, and (3) intended to facilitate or promote criminal activity.
Concealment of Money Laundering, N.J.S.A. 2c:21-25(b)(2)
Furthermore, New Jersey law prohibits a person from engaging in a transaction involving property known or reasonably believed as derived from criminal activity knowing the transaction’s design in whole or in part:
- to conceal or disguise the nature, location, source, ownership or control of the property derived from criminal activity or
- to avoid a transaction reporting requirement under the laws of this State or any other state or of the United States.
Accordingly, at trial the State bears the burden to prove beyond a reasonable doubt the defendant (1) knowingly engaged in a transaction involving property, (2) knew or reasonably believed the property derived from criminal activity, and (3) knew of the transaction’s design in whole or in part: (a) to conceal or disguise the nature, location, source, ownership or control of the property derived from criminal activity, or (b) to avoid a transaction reporting requirement under the laws of this State or any other state or of the United States.
Overseeing Money Laundering, N.J.S.A. 2c:21-25(c)
Moreover, New Jersey law prohibits a person from directing, organizing, financing, planning, managing, supervising or controlling the transportation of or transactions in property known or reasonably believed as derived from criminal activity. Accordingly, at trial the State bears the burden to prove beyond a reasonable doubt the defendant: (1) knowingly directed, organized, financed, planned, managed, supervised or controlled the transportation of or transactions in property, and (2) knew or reasonably believed the property derived from criminal activity.