New Jersey Racketeering Laws

Statutes

New Jersey Code of Criminal Justice 2C § 41-1

Statutory Definition of the Offense

It shall be unlawful for any person who has received any income derived from a pattern of racketeering activity to use or invest any part of the income in acquisition of any interest in, or the establishment or operation of any enterprise which is engaged in (or the activities of which affect) trade or commerce.

Statutory Definition: "Racketeering Activity" and "Pattern of Racketeering Activity"

“Racketeering activity” means any of the following crimes which are crimes under the laws of New Jersey or are equivalent crimes under the laws of any other jurisdiction:

• Murder
• Extortion
• Gambling
• Securities fraud
• Robbery
• Human trafficking
• Bribery

NOTE: This is a partial list of crimes that may constitute racketeering activity under state law. See code section for a complete list.

A "pattern of racketeering activity" requires the following:

1. Engaging in at least 2 incidents of racketeering conduct, the last of which shall have occurred within 10 years (excluding any period of imprisonment) after a prior incident of racketeering activity; and
2. A showing that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.

Crime Classifications and Penalties

• Crime in the First Degree (10-20 yrs. in prison, fine of up to $200,000): Crime committed in connection with a pattern of racketeering activity which involves a crime of violence, a crime of the first degree, or the use of firearms.
• Crime in the Second Degree (5-10 yrs. in prison, fine of up to $150,000): All other racketeering violations.

Civil Penalties

Individuals found guilty of racketeering must forfeit (to the prosecuting entity) the following:

• Any interest including money or anything of value he has acquired or maintained in violation of this chapter; and
• Any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise which he has established, acquired, maintained, operated, controlled, conducted, or participated in the conduct of, in violation of this chapter.