Battling public corruption and maintaining the solvency of state agencies, municipal governments, and others, is a critical focus of the law.
To that end, New Jersey has a statute on the books called Disbursing Moneys, Incurring Obligations in Excess of Appropriations (N.J.S.A. 2C:30-4), which makes it a crime for a public official to disburse, order the disbursement of, or vote for the disbursement of public money above the appropriation designated for that entity.
It also criminalizes incurring debts beyond the appropriations and whatever limits are provided for by law for that entity.
Both acts are a crime of the fourth degree, and those convicted under 2C:30-4 can face up to 18 months in prison, though they will benefit from a presumption of non-incarceration if they are first offenders.
The law limits the ability of department heads or other officials to engage in brinksmanship with the legislature, but it’s also a straightforward way to mandate that officials at every level of government, and in every agency, keep an eye on the books and don’t overspend.
Being convicted of misusing public money won’t just jeopardize your freedom.
It will also almost certainly cost you your career. To fight back, get experienced legal help right away.
Call Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey criminal defense attorney.