money laundry

Money Laundering Lawyer in New Brunswick, Middlesex County

Reviewed by William A. Proetta, Esq. · Updated October 2026

Money laundering under N.J.S.A. 2C:21-25 is graded by the amount involved: $500,000 or more is a 1st-degree crime (10 to 20 years, with one-third to one-half of the sentence served before parole), $75,000 up to $500,000 is 2nd degree (5 to 10 years), and any smaller amount is 3rd degree (3 to 5 years). Structuring deposits or otherwise evading a reporting requirement is 3rd degree at any amount, and every grade carries a possible fine of up to $500,000.

Each grade is an indictable crime, which puts the file with the Middlesex County Prosecutor’s Office and the case in the Superior Court courthouse at 56 Paterson Street, New Brunswick. A laundering count is often added to a drug, theft or fraud case, and under the statute it is sentenced separately and consecutively. We defend these charges from our Edison office, and I bring more than 15 years of criminal trial experience to the financial records these cases are built on.

The Conduct the Statute Covers

N.J.S.A. 2C:21-25 reaches four kinds of conduct, all involving property “derived from criminal activity”:

  • (a) Transporting or possessing property that the person knows, or which a reasonable person would believe, came from criminal activity.
  • (b) Engaging in a transaction with the property either to promote the underlying crime, or knowing the transaction is designed to hide the property’s nature, location, source, ownership or control, or to avoid a state or federal reporting requirement.
  • (c) Directing or managing the movement of, or transactions in, such property: organizing, financing, planning, supervising or controlling it.
  • (e) Evading reporting rules with that purpose: causing a bank or business not to file a currency or suspicious-transaction report, causing a materially false report, or structuring transactions.

Subsection (d) adds two rules that make the State’s job easier. The State need only prove the person knew the property came from some criminal activity, not which crime. And structuring can be considered in any amount, at one or more banks, over one or more days; the reporting threshold does not have to be crossed at a single bank on a single day.

Four kinds of laundering conduct

N.J.S.A. 2C:21-25(a), (b), (c) and (e), all involving property derived from criminal activity. Under (d), the State need only prove knowledge of some criminal activity, not which crime.

SubsectionConductMental stateWhat to know
(a) Transporting or possessing2C:21-25(a)
Moving or holding the property
Knows, or a reasonable person would believe, it came from criminal activity
Knowledge may be inferred under 2C:21-26 when property is moved or held in an unusual way with no sign of legitimate origin, such as bundled cash in a hidden compartment
(b) Engaging in a transaction2C:21-25(b)
A transaction with the property
To promote the underlying crime, or knowing it is designed to conceal the property or avoid a reporting requirement
Ordinary deposits and payments are not laundering without that purpose or knowledge
(c) Directing or managing2C:21-25(c)
Organizing, financing, planning, supervising or controlling the movement of, or transactions in, the property
Knowledge that the property came from some criminal activity
The State need not prove which crime produced the property
(e) Evading reporting rules2C:21-25(e)
Causing a bank or business not to file a currency or suspicious-transaction report, causing a materially false report, or structuring
Purpose to evade a reporting requirement
3rd degree at any amount; structuring can be considered at one or more banks, over one or more days

The “Reasonable Person” Standard

Subsection (a) is the part people underestimate. Unlike most theft charges, which require actual knowledge or belief, possession or transport is covered when a reasonable person would have believed the money was dirty. Under N.J.S.A. 2C:21-26, a jury may also infer knowledge when property is moved or held in a way that is inconsistent with the ordinary means of transporting or holding it, and is found with no paperwork or other sign of legitimate origin. Bundled cash in a car’s hidden compartment and a stream of unexplained deposits forwarded on to strangers are the classic examples.

That is how many young people end up charged. A student near Rutgers–New Brunswick answers a job post, lets “an employer” deposit funds into a personal account, and forwards most of it by wire or app transfer while keeping a fee. When the deposits turn out to be proceeds of a scam, the account holder can face a laundering count under the reasonable-person standard. Our article on Zelle, wire and unemployment fraud describes how these schemes work.

Grading and Sentencing

Money laundering grades by amount, most serious first

N.J.S.A. 2C:21-25 and 2C:21-27. Bars run from zero to the top of each ordinary range on a 0 to 20 year scale.

ConductGradePrison exposureCourt
$500,000 or more2C:21-25
First degree
minimum of one-third to one-half without parole · presumption of imprisonment · fine up to $500,000
Superior Court
$75,000 or more but less than $500,0002C:21-25
Second degree
presumption of imprisonment · fine up to $500,000
Superior Court
Less than $75,0002C:21-25
Third degree
first offender: presumption of non-imprisonment · fine up to $500,000
Superior Court
Structuring or other reporting evasion, any amount2C:21-25(e)
Third degree
first offender: presumption of non-imprisonment · fine up to $500,000
Superior Court
05101520 yrs

The trier of fact decides the amount, and amounts from one scheme or course of conduct can be aggregated, so a series of small transfers can add up to a 2nd-degree charge.

The trier of fact decides the amount, and amounts from one scheme or course of conduct can be aggregated, so a series of small transfers can add up to a 2nd-degree charge.

Four Sentencing Rules Specific to Laundering

  1. Fine up to $500,000 at any grade under N.J.S.A. 2C:21-27, above the ordinary caps. The court may also order payment of an amount calculated under 2C:21-28.
  2. No merger. The laundering conviction does not merge with the underlying crime, and the underlying crime does not merge into it.
  3. Mandatory consecutive sentence. The laundering sentence “shall” run consecutively to the sentence for the underlying offense.
  4. First-degree parole bar. At $500,000 or more, the court sets a minimum term of one-third to one-half of the sentence with no parole eligibility.

The laundering sentence stacks on top

Under the laundering statute, neither conviction merges into the other, and the laundering sentence “shall” run consecutively.

Underlying offensethe drug, theft or fraud sentence
Money laundering, 2C:21-25sentenced separately, never merged
One sentence served after the other
  1. No merger. The laundering conviction does not merge with the underlying crime, and the underlying crime does not merge into it.
  2. Mandatory consecutive sentence to the sentence for the underlying offense.
  3. Fine up to $500,000 at any grade under 2C:21-27, above the ordinary caps, and the court may also order an amount calculated under 2C:21-28.
Why plea talks center on this count. Negotiation frequently focuses on whether the laundering count is dismissed as part of a plea to the underlying offense, and on the amount the State can prove was tied to criminal activity.

Presumptions. Prison is presumed for a 1st- or 2nd-degree laundering conviction (N.J.S.A. 2C:44-1(d)(1)). Under 2C:44-1(d)(2), a judge who is clearly convinced that mitigating factors substantially outweigh aggravating ones, and that justice demands it, can impose a term for one degree lower; the State then has 10 days to appeal. A first offender convicted of the 3rd-degree crime has a presumption of non-imprisonment under 2C:44-1(e).

Public employees. Money laundering is one of the crimes listed in N.J.S.A. 2C:43-6.5 and in the pension forfeiture law. A public officer or employee convicted of laundering that touches the job faces a mandatory parole bar and loss of pension; see our official misconduct page.

Expungement. Money laundering is not on the expungement bar list, so a conviction can be cleared after the waiting period unless the public-office bar applies.

Immigration. Financial crimes can have serious immigration consequences. A non-citizen should have an immigration attorney review any plea before entering it.

How Money Laundering Charges Arise in Middlesex County

Laundering charges almost never stand alone. In Middlesex they most often appear in three settings: a drug distribution investigation, where cash found in a car stopped on the Turnpike or Route 1 or in a home in Sayreville becomes a laundering count; a fraud or theft investigation, where the State follows the money from a victim’s account into others; and a money-mule case, where an account holder in Edison or Piscataway received and forwarded scam proceeds.

The evidence is largely financial. Detectives obtain bank records, transaction histories, payment-app data and phone extractions, often by subpoena or warrant, and build a spreadsheet tracing deposits and withdrawals. Bank reporting can be part of the trail. Because the record builds over months, people are often charged after the main investigation is over, by summons or by a complaint-warrant if the underlying case involves drugs or weapons. A person arrested on a warrant waits at the county jail on Apple Orchard Lane, North Brunswick, until a judge rules on release; see our pretrial release page.

The MCPO at 25 Kirkpatrick Street typically presents a laundering count to the grand jury in New Brunswick together with the underlying charges. Because the laundering sentence must run consecutively, negotiation frequently focuses on whether that count is dismissed as part of a plea to the underlying offense, and on the amount the State can actually prove was tied to criminal activity. Seized cash and accounts raise their own questions, which we address at the same time. Car stops that produced the cash can be challenged under our vehicle search guide.

Is PTI Available?

For a first offender charged with 3rd-degree laundering, especially a money-mule account holder who received modest sums, PTI through the Middlesex Criminal Division is a realistic goal; the application is due before the first case disposition conference after arraignment, and returning funds to the victims strengthens it. A 1st- or 2nd-degree charge carries a presumption against admission and requires a guilty plea held in abeyance if admitted, so diversion is uncommon there. Our Middlesex PTI page explains the review.

Defenses to Money Laundering

  • No criminal source. The State must prove the property actually came from criminal activity. Legitimate business cash, gifts, loans and family transfers are common answers.
  • No knowledge, and no reason to believe. For subsection (a), we show why a reasonable person in the client’s position would not have suspected the source, such as a believable job offer or a family member’s explanation.
  • No concealment purpose. For subsection (b), ordinary deposits and payments are not laundering unless the person knew the transaction was designed to conceal or to avoid reporting.
  • No intent to evade. Structuring requires purpose to evade a reporting requirement. Regular deposits on a business schedule are not that.
  • The amount is overstated. Aggregation must rest on one scheme. Separating unrelated money can drop the grade from 2nd to 3rd degree.
  • Unlawful search. Cash discovered in a stop or search can be suppressed if the search was illegal.

Money Laundering FAQs

Is money laundering a felony in New Jersey?

New Jersey uses degrees. Laundering is a 1st-, 2nd- or 3rd-degree indictable crime depending on the amount.

Can I be charged if I did not know the money was stolen?

Yes, under the possession and transport provision, if a reasonable person would have believed it came from criminal activity. That is the most common defense battleground.

Does the laundering sentence run at the same time as the drug or theft sentence?

No. The statute requires it to run consecutively and bars merger, which is why the laundering count is often central to plea talks.

Where are Middlesex money laundering cases heard?

In Superior Court at 56 Paterson Street, New Brunswick, after MCPO review and grand jury presentation.

I let someone use my bank account in Edison and now police are calling. What should I do?

Do not explain or move money until you have spoken with a lawyer. We can contact the detective and find out what the State believes.

Is splitting cash deposits illegal?

Only if done to evade a reporting requirement. Then it is a 3rd-degree crime at any amount.

Call Before You Answer the Detective

Financial cases are decided by records. Call our Edison office at (732) 659-9600 at any time, or ask for a free case review.