New Jersey criminal charge
Penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading in New Jersey
Penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:21-34. 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:21-34.
What is the penalty for penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 5 years to 10 years (False claim for payment — $25,000 or above — The false, fictitious, or fraudulent claim for payment on a government contract is for $25,000.00 or above.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (False claim for payment — $25,000 or above — The false, fictitious, or fraudulent claim for payment on a government contract is for $25,000.00 or above.; 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 (False claim for payment — over $2,500 but under $25,000 — The false claim for payment on a government contract exceeds $2,500.00 but is less than $25,000.00.; 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 (False claim for payment — over $2,500 but under $25,000 — The false claim for payment on a government contract exceeds $2,500.00 but is less than $25,000.00.; 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 (False claim for payment — $2,500 or less — The false claim for payment on a government contract is for $2,500.00 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 (False claim for payment — $2,500 or less — The false claim for payment on a government contract is for $2,500.00 or less.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (False material representation — contract $25,000 or above — A knowing false material representation is made in connection with a government contract valued at $25,000.00 or above.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (False material representation — contract $25,000 or above — A knowing false material representation is made in connection with a government contract valued at $25,000.00 or above.; 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 (False material representation — contract over $2,500 but under $25,000 — A knowing false material representation is made in connection with a government contract exceeding $2,500.00 but less than $25,000.00.; 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 (False material representation — contract over $2,500 but under $25,000 — A knowing false material representation is made in connection with a government contract exceeding $2,500.00 but less than $25,000.00.; 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 (False material representation — contract $2,500 or less — A knowing false material representation is made in connection with a government contract valued at $2,500.00 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 (False material representation — contract $2,500 or less — A knowing false material representation is made in connection with a government contract valued at $2,500.00 or less.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 5 years to 10 years (Prevailing wage violation — contract $75,000 or above — An employer knowingly pays public work employees below the required prevailing wage rate on a contract valued at $75,000.00 or above.; presumption of imprisonment (2C:44-1(d))) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $150,000 (Prevailing wage violation — contract $75,000 or above — An employer knowingly pays public work employees below the required prevailing wage rate on a contract valued at $75,000.00 or above.; 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 (Prevailing wage violation — contract over $2,500 but under $75,000 — An employer knowingly pays public work employees below the required prevailing wage rate on a contract exceeding $2,500.00 but 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 (Prevailing wage violation — contract over $2,500 but under $75,000 — An employer knowingly pays public work employees below the required prevailing wage rate on a contract exceeding $2,500.00 but 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 (Prevailing wage violation — contract $2,500 or less — An employer knowingly pays public work employees below the required prevailing wage rate on a contract valued at $2,500.00 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 (Prevailing wage violation — contract $2,500 or less — An employer knowingly pays public work employees below the required prevailing wage rate on a contract valued at $2,500.00 or less.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| False claim for payment — $25,000 or above | Crime of the Second Degree | The false, fictitious, or fraudulent claim for payment on a government contract is for $25,000.00 or above. | N.J.S.A. 2C:21-34undefined |
| False claim for payment — over $2,500 but under $25,000 | Crime of the Third Degree | The false claim for payment on a government contract exceeds $2,500.00 but is less than $25,000.00. | N.J.S.A. 2C:21-34undefined |
| False claim for payment — $2,500 or less | Crime of the Fourth Degree | The false claim for payment on a government contract is for $2,500.00 or less. | N.J.S.A. 2C:21-34undefined |
| False material representation — contract $25,000 or above | Crime of the Second Degree | A knowing false material representation is made in connection with a government contract valued at $25,000.00 or above. | N.J.S.A. 2C:21-34undefined |
| False material representation — contract over $2,500 but under $25,000 | Crime of the Third Degree | A knowing false material representation is made in connection with a government contract exceeding $2,500.00 but less than $25,000.00. | N.J.S.A. 2C:21-34undefined |
| False material representation — contract $2,500 or less | Crime of the Fourth Degree | A knowing false material representation is made in connection with a government contract valued at $2,500.00 or less. | N.J.S.A. 2C:21-34undefined |
| Prevailing wage violation — contract $75,000 or above | Crime of the Second Degree | An employer knowingly pays public work employees below the required prevailing wage rate on a contract valued at $75,000.00 or above. | N.J.S.A. 2C:21-34undefined |
| Prevailing wage violation — contract over $2,500 but under $75,000 | Crime of the Third Degree | An employer knowingly pays public work employees below the required prevailing wage rate on a contract exceeding $2,500.00 but less than $75,000.00. | N.J.S.A. 2C:21-34undefined |
| Prevailing wage violation — contract $2,500 or less | Crime of the Fourth Degree | An employer knowingly pays public work employees below the required prevailing wage rate on a contract valued at $2,500.00 or less. | N.J.S.A. 2C:21-34undefined |
Common questions about penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading in New Jersey
What degree of offense is penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading in New Jersey?
It depends on the circumstances: penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading ranges from a Crime of the Fourth Degree to a Crime of the Second Degree in New Jersey under N.J.S.A. 2C:21-34.
False claim for payment — $25,000 or above: Crime of the Second Degree (N.J.S.A. 2C:21-34) · False claim for payment — over $2,500 but under $25,000: Crime of the Third Degree (N.J.S.A. 2C:21-34) · False claim for payment — $2,500 or less: Crime of the Fourth Degree (N.J.S.A. 2C:21-34) · False material representation — contract $25,000 or above: Crime of the Second Degree (N.J.S.A. 2C:21-34) · False material representation — contract over $2,500 but under $25,000: Crime of the Third Degree (N.J.S.A. 2C:21-34) · False material representation — contract $2,500 or less: Crime of the Fourth Degree (N.J.S.A. 2C:21-34) · Prevailing wage violation — contract $75,000 or above: Crime of the Second Degree (N.J.S.A. 2C:21-34) · Prevailing wage violation — contract over $2,500 but under $75,000: Crime of the Third Degree (N.J.S.A. 2C:21-34) · Prevailing wage violation — contract $2,500 or less: Crime of the Fourth Degree (N.J.S.A. 2C:21-34)
What are the penalties for penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading in New Jersey?
Penalties for penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading 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 penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading?
Penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading is governed by N.J.S.A. 2C:21-34 (Penalty for false contract payment claims, representation, for a government contract; prevailing wage violations; grading).
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.