Criminal Attorney Helps Those With Misconduct by Corporate Official (N.J.S.A. 2C:21-9) Charges
When a director or officer of a corporation faces allegations of fraud that affect the financial well being of the company, they may be charged with Misconduct by Corporate Official (N.J.S.A. 2C:21-9).
Conduct that can trigger prosecution includes operating the business in furtherance of a criminal object, and financial or stock activities made on behalf of the corporation that are in violation of the law.
Charges under N.J.S.A. 2C:21-9 are graded according to the value of the fraud.
If the benefit is less than $1,000, the charge is a fourth degree crime, with a possible 18 month sentence and $10,000 in fines.
If the benefit is between $1,000 and $75,000, the charge is a third degree crime, with a sentence of 3-5 years and a $15,000 fine.
Amounts over $75,000 are a second degree crime, with a sentence of up to 10 years and a $150,000 fine if convicted.
Defense in these cases often hinges on intent. For many overworked business owners, mistakes are made or bookkeeping is sloppy, but there was no intent to defraud the company.
A proper defense is necessary to protect you and your business.
If you need help with Misconduct by Corporate Official charges, call Matthew Reisig today at 732-625-9661 for a free consultation with an experienced New Jersey criminal defense attorney.