New Jersey criminal charge
Fraud in insolvency in New Jersey
Fraud in insolvency is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:21-13. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:21-13.
What is the penalty for fraud in insolvency in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (Fraud in insolvency — benefit $75,000 or more — The benefit derived from the violation is $75,000.00 or more.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Fraud in insolvency — benefit $75,000 or more — The benefit derived from the violation is $75,000.00 or more.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Fraud in insolvency — benefit over $1,000 but under $75,000 — The benefit derived exceeds $1,000.00 but is less than $75,000.00.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Fraud in insolvency — benefit over $1,000 but under $75,000 — The benefit derived exceeds $1,000.00 but is less than $75,000.00.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Fraud in insolvency — benefit $1,000 or less — The benefit derived from the violation is $1,000.00 or less.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Fraud in insolvency — benefit $1,000 or less — The benefit derived from the violation is $1,000.00 or less.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is fraud in insolvency classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Fraud in insolvency — benefit $75,000 or more | Crime of the Second Degree | The benefit derived from the violation is $75,000.00 or more. | N.J.S.A. 2C:21-13undefined |
| Fraud in insolvency — benefit over $1,000 but under $75,000 | Crime of the Third Degree | The benefit derived exceeds $1,000.00 but is less than $75,000.00. | N.J.S.A. 2C:21-13undefined |
| Fraud in insolvency — benefit $1,000 or less | Crime of the Fourth Degree | The benefit derived from the violation is $1,000.00 or less. | N.J.S.A. 2C:21-13undefined |
Common questions about fraud in insolvency in New Jersey
What degree of offense is fraud in insolvency in New Jersey?
It depends on the circumstances: fraud in insolvency ranges from a Crime of the Fourth Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:21-13.
Fraud in insolvency — benefit $75,000 or more: Crime of the Second Degree (N.J.S.A. 2C:21-13) · Fraud in insolvency — benefit over $1,000 but under $75,000: Crime of the Third Degree (N.J.S.A. 2C:21-13) · Fraud in insolvency — benefit $1,000 or less: Crime of the Fourth Degree (N.J.S.A. 2C:21-13)
What are the penalties for fraud in insolvency in New Jersey?
Penalties for fraud in insolvency in New Jersey depend on how it is classified — from a Crime of the Fourth Degree up to a Crime of the Second Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers fraud in insolvency?
Fraud in insolvency is governed by N.J.S.A. 2C:21-13 (Fraud in insolvency).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.