Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. DANIEL A. BORJAS -- rank: 1000

... D. This appeal concerns the constitutionality of certain provisions within N.J.S.A. 2C:21-2.1, a criminal statute that enumerates various offenses involving ... false governmental documents, which are second-degree offenses proscribed by N.J.S.A. 2C:21-2.1(b). The jury also found defendant guilty of ... false governmental documents, which are fourth-degree offenses proscribed by N.J.S.A. 2C:21-2.1(d). The false documents in question were created ... contends that these provisions in subsections (b) and (d) of N.J.S.A. 2C:21-2.1 are unconstitutional, both on their face and as ... his sentence in all respects. I. The two portions of N.J.S.A. 2C:21-2.1 at issue in this case, specifically subsections (b ... information is guilty of a crime of the fourth degree. . . . [ N.J.S.A. 2C:21-2.1 (emphasis added).] The indictment against defendant charging ...

docket:	a6292-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-08
status:	unpublished
citation:	436 N.J.Super. 375 94 A.3d 319
Document Size:	90047

2 /usr/local/share/www/libweb/collections/courts/appellate/a6292-11redactedxx.opn.html -- rank: 997

... D. This appeal concerns the constitutionality of certain provisions within N.J.S.A. 2C:21-2.1, a criminal statute that enumerates various offenses involving ... false governmental documents, which are second-degree offenses proscribed by N.J.S.A. 2C:21-2.1(b). The jury also found defendant guilty of ... false governmental documents, which are fourth-degree offenses proscribed by N.J.S.A. 2C:21-2.1(d). The false documents in question were created ... contends that these provisions in subsections (b) and (d) of N.J.S.A. 2C:21-2.1 are unconstitutional, both on their face and as ... his sentence in all respects. I. The two portions of N.J.S.A. 2C:21-2.1 at issue in this case, specifically subsections (b ... information is guilty of a crime of the fourth degree. . . . [ N.J.S.A. 2C:21-2.1 (emphasis added).] The indictment against defendant charging ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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citation:
Document Size:	86040

3 CINDY JOHNSON v. FRANK MCCLELLAN, ESQ., -- rank: 987

... estate, brought a civil action against defendant Frank McClellan, under N.J.S.A. 2C:21-22a, for damages resulting from defendant's alleged unauthorized practice ... 036.26 representing treble damages and attorney's fees, under N.J.S.A. 2C:21-22a. This appeal followed. Because disgorgement is a remedy, not ... loss,' a required element for a cause of action under N.J.S.A. 2C:21-22a, we reverse. I. On December 28, 2008, plaintiff's ... defendant engaged in unauthorized practice of law, as prohibited by N.J.S.A. 2C:21-22a, 4 Since Freiwald was not a certified civil trial ... admitted the necessary material facts to establish a violation of N.J.S.A. 2C:21-22, engaging in the unauthorized practice of law. Specifically, the ... defendant committed the unauthorized practice of law as prohibited by N.J.S.A. 2C:21-22, and defendant was liable for 'either and/or ...

docket:	a2683-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-19
status:	Published
citation:
Document Size:	71208

4 STATE OF NEW JERSEY v. RICHARD W. BERNARDI, SR. -- rank: 978

... indictment with: second- degree false representations for a government contract, N.J.S.A. 2C:21-34(b) (count one); second-degree theft by deception from ... a) (count two); first-degree financial facilitation of criminal activity, N.J.S.A. 2C:21- 25(b)(2)(a) (count three); second-degree theft by ... also charged with second- degree misconduct by a corporate official, N.J.S.A. 2C:21-9(c) and N.J.S.A. 2C:2-6 ... did not constitute a 'government contract' within the meaning of N.J.S.A. 2C:21-34(b). Although the court found that 'certainly the ACO ... events that lined up . . . in contracts,' it reasoned that because N.J.S.A. 2C:21-34(b) provided for grading of the offense based on ... entering into the ACO could not constitute a violation of N.J.S.A. 2C:21- 34(b). The court also dismissed count two, which ...

docket:	a0752-17
court:	NJ Superior Court Appellate Division
decided:	2018-08-28
status:	Published
citation:	456 N.J.Super. 176 192 A.3d 1040
Document Size:	57741

5 STATE OF NEW JERSEY v. W.C. -- rank: 965

... 6). The State contends the alleged disability requires forfeiture under N.J.S.A. 2C:21-25(d)(3).11 The State also contends N.J ...

docket:	a0800-20
court:	NJ Superior Court Appellate Division
decided:	2021-06-24
status:	Published
citation:
Document Size:	52495

6 STATE OF NEW JERSEY v. FRANK CAMPIONE -- rank: 956

... 35-5(b)(4); third-degree unlawful practice of medicine, N.J.S.A. 2C:21-20; and third-degree conspiracy to obtain a controlled dangerous ... a single count of third-degree unlawful practice of medicine, N.J.S.A. 2C:21-20. Both Campione and Katz testified before the grand jury ... out to patients as a medical doctor, in violation of N.J.S.A. 2C:21- 20(c).' The court further found the State presented 'some evidence' to the grand jury that Campione violated N.J.S.A. 2C:21-20(d) by engaging in an activity for which a ... 5-2, N.J.S.A. 2C:2-6, and N.J.S.A. 2C:21-20(a), (c), (d) (count one); third-degree unlawful practice of medicine, N.J.S.A. 2C:21-20(a) (count two); third-degree unlawful practice of ...

docket:	a1709-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-24
status:	Published
citation:
Document Size:	108059

7 STATE OF NEW JERSEY V. EDMUND J. DAMIANO -- rank: 951

... of third-degree misapplication of entrusted property by a fiduciary, N.J.S.A. 2C:21-15. He was also charged and convicted of five counts ... business practice of making a false or misleading written statement, N.J.S.A. 2C:21-7h. In addition, pursuant to N.J.S.A. 2C:20-4 and 2C:20-9, and, pursuant to N.J.S.A. 2C:21-15. The remaining six convictions all arose out of sales ... an amount exceeding $75,000); a second-degree crime under N.J.S.A. 2C:21-9c (misconduct by a corporate official in failing to remit ... by failure to make required disposition of property received under N.J.S.A. 2C:21-15. Defendant was convicted of all four charges, bringing the ... degree charge of misapplication of funds by a fiduciary under N.J.S.A. 2C:21-15. Defendant was convicted of all eight charges and, ...

docket:	a5116-96
court:	njappellate
decided:	1999-06-09
status:	published
citation:	322 N.J.Super. 22
Document Size:	72143

8 /usr/local/share/www/libweb/collections/courts/appellate/a3781-18.opn.html -- rank: 926

... Eisemann of two second-degree offenses: financial facilitation (money laundering), N.J.S.A. 2C:21-25(b)(1) (count three), and misconduct by a corporate official, N.J.S.A. 2C:21-9(c) and 2C:20-3(a) (count five). On ... He imposed the mandatory $250,000 penalty for money laundering. N.J.S.A. 2C:21-27.2(a). The judgment of conviction (JOC) was subsequently ... to reflect the mandatory consecutive sentence terms requirement found in N.J.S.A. 2C:21-27(c), of which the judge was initially unaware. The ... to the school, sought evidence regarding misapplication of entrusted property, N.J.S.A. 2C:21-15, and tampering with public records or information, N.J ... or control of the funds, contrary to the provisions of N.J.S.A. 2C:21- 25(b), N.J.S.A. 2C:21-27 ...

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court:
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9 STATE OF NEW JERSEY v. IAN W. MARIAS, -- rank: 905

... to address the grading aspects of the money laundering statute, N.J.S.A. 2C:21- -23 to -29. The core and unresolved legal question is the meaning of the term 'amount involved' in N.J.S.A. 2C:21-27, which calibrates the severity of the offense. Specifically, N.J.S.A. 2C:21-27(a) prescribes that a defendant commits a first-degree ... charged with engaging in a money laundering transaction prohibited by N.J.S.A. 2C:21-25(b), the 'amount involved' is the fair market value ... Marias with engaging in a money laundering transaction prohibited under N.J.S.A. 2C:21-25(b)(2)(a). That provision, in pertinent part, makes ... that is not A-2145-19T1 4 eligible for parole. N.J.S.A. 2C:21-27(a); N.J.S.A. 2C:44-1. ...

docket:	a2145-19
court:	NJ Superior Court Appellate Division
decided:	2020-05-19
status:	Published
citation:
Document Size:	29404

10 State v. Joseph Diorio -- rank: 900

... concluded that money laundering is a continuing offense, noting that N.J.S.A. 2C:21-27 also permits aggregation. It determined that PFP’s final ... offense, but the broad scope of the New Jersey statute, N.J.S.A. 2C:21-25, supports the conclusion that money laundering is a continuous ... 2C:5-2, N.J.S.A. 2C:20-4, N.J.S.A. 2C:21-25, N.J.S.A. 2C:21-9, and N.J.S.A. 2C:28-5 (count ... A. 2C:2-6 (count two); first-degree money laundering, N.J.S.A. 2C:21-25b, N.J.S.A. 2C:21-8.1b, and N.J.S.A. 2C:2- ...

docket:	A-110-11
court:	NJ Supreme Court
decided:	2014-02-12
status:
citation:
Document Size:	111685

11 STATE OF NEW JERSEY v. CARLO AMATO -- rank: 897

... defendant with: four counts of second-degree healthcare claim fraud, N.J.S.A. 2C:21-4.1(a); two counts of third-degree theft by ... J.S.A. 2C:20-4; second-degree insurance fraud, N.J.S.A. 2C:21- 4.6(a); and two counts of first-degree financial facilitation of criminal activity, N.J.S.A. 2C:21-25(b)(2)(a) and N.J.S.A. 2C:21-25(c). Two months later, defendant was charged with second-degree financial facilitation of criminal activity, N.J.S.A. 2C:21-25(c); second-degree theft by deception; and fourth-degree ... was charged with second-degree financial facilitation of criminal activity, N.J.S.A. 2C:21-25(a), and fourth- A-2788-21 2 degree ...

docket:	a2788-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-10
status:	Unpublished
citation:
Document Size:	39210

12 STATE OF NEW JERSEY v. ALBERTO MARTINEZ -- rank: 892

... count ten); and third-degree financial facilitation of criminal activity, N.J.S.A. 2C:21-25(a) (count eleven). A-1063-21 2 The trial ...

docket:	a1063-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-04
status:	Unpublished
citation:
Document Size:	44550

13 STATE OF NEW JERSEY v. STEVEN H. SALAMI -- rank: 885

... fifty-eight counts of third-degree misapplication of entrusted property, N.J.S.A. 2C:21-15, two counts of second-degree misapplication of entrusted property, N.J.S.A. 2C:21-15, one count of second-degree theft by failure to ... two counts of first-degree financial facilitation of criminal activity, N.J.S.A. 2C:21-25(a) and (c), colloquially referred to as money laundering ... State, did not establish the elements of money laundering under N.J.S.A. 2C:21-25(a) or (c). We granted the State's motion ... misappropriated established a prima facie case of financial facilitation under N.J.S.A. 2C:21-25(a) and (c). 1 We granted the motion of ... multiple counts of misappropriation of entrusted property in violation of N.J.S.A. 2C:21-15 in an aggregate amount of $75,000. After ...

docket:	a2958-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-27
status:	Unpublished
citation:
Document Size:	31146

14 STATE OF NEW JERSEY v. YVONNE JEANNOTTE- RODRIGUEZ, -- rank: 883

... charging: Rodriguez with third-degree practicing medicine without a license, N.J.S.A. 2C:21-20 (count one); Dr. Ferraro with third-degree health care claims fraud, N.J.S.A. 2C:21-4.3 (count two); and Rodriguez, Dr. Ferraro, and Galvan ... claims fraud, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:21-4.2 (count three). About a year later, the trial ... second-degree health care claims fraud by a non-practitioner, N.J.S.A. 2C:21-4.3 (count one); second-degree theft by deception, N ... count two); and third-degree practicing medicine without a license, N.J.S.A. 2C:21-20(a) ('engages in that practice') or (c) ('holds himself ... with second- degree health care claims fraud by a practitioner, N.J.S.A. 2C:21-4.3 (count four); and second-degree theft by ...

docket:	a4361-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-25
status:	Published
citation:
Document Size:	82134

15 STATE OF NEW JERSEY v. ROBERT J. KOSCH, JR -- rank: 878

... 2C:20-3(a); two counts of third-degree forgery, N.J.S.A. 2C:21-1(a)(2); and one count of second-degree trafficking ... personal identifying information pertaining to fifty or more separate persons, N.J.S.A. 2C:21-17.3. 3 Defendant unsuccessfully moved for judgment of acquittal ... because it misled the jury from the crime charged. IV. [ N.J.S.A. ] 2C:21-17.3(b) IS VAGUE AND IMPERMISSIBLY OVERBROAD, WHICH IS ... STATES CONSTITUTION. A. "Personal identifying informa-tion" as defined by [ N.J.S.A. ] 2C:21-17.3(b) and the statutory inference are vague and ... convictions cannot stand, but we reject defendant's argument that N.J.S.A. 2C:21-17.3(b) is vague and impermissibly overbroad. Consequently, we ... facilitating a fraud or injury to be perpetrated by anyone. N.J.S.A. 2C:21-17.3. This one count was tried with the ...

docket:	a2099-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-01
status:	published
citation:	444 N.J.Super. 368 133 A.3d 669
Document Size:	72514