LEADER OF ORGANIZED CRIME (N.J.S.A. 2C:5-2g) model jury charge in NJ
LEADER OF ORGANIZED CRIME
Count of the indictment charges defendant with the crime of being a leader of organized crime.[READ COUNT OF INDICTMENT].That section of our statutes provides in pertinent part that
A person is a leader of organized crime if he purposely conspires with others as an organizer, supervisor or manager or financier to commit a continuing series of crimes which constitute a pattern of racketeering activity....
In order to convict defendant of the charge, the State must prove each of the following elements beyond a reasonable doubt:
(1) That defendant purposely conspired with two or more persons
(2) That the purpose of the conspiracy was to commit a continuing series of crimes which constitute a pattern of racketeering activity and
(3) That within that conspiracy, defendant was a
[CHOOSE APPROPRIATE] financier, organizer, supervisor or manager.
The first element that the State must prove beyond a reasonable doubt is that defendant purposely conspired with two or more persons.[Read model jury charge on Conspiracy; if conspiracy already charged, remind jurors of that definition].
The second element that the State must prove beyond a reasonable doubt is that the purpose of the conspiracy was to commit a continuing series of crimes, here [state crimes alleged]which, if proven beyond a reasonable doubt, constitute a pattern of racketeering activity.A pattern of racketeering requires the State to prove beyond a reasonable doubt (1) that defendant engaged in at least two incidents of racketeering conduct, one of which must have occurred after June 5, 1981, and the last of which must have occurred within 10 years of a prior incident of racketeering activity, and (2) that the incidents of racketeering activity embrace criminal conduct that has either the same or similar purposes, results, participants or victims or methods of commission or are otherwise interrelated by distinguishing characteristics and are not isolated incidents.
In this case, the State alleges that defendant conspired to commit the crimes of__________[Charge elements of substantive crimes or, if already charged, remind jurors of those definitions].The State must prove beyond a reasonable doubt that defendant conspired to commit at least two of these crimes and that the crimes he/she conspired to commit are a continuing series of crimes that constitute a pattern of racketeering.You must unanimously agree about the crimes defendant conspired to commit.
The third element that the State must prove beyond a reasonable doubt is that, within the conspiracy, defendant acted as[CHOOSE APPLICABLE]a financier, organizer, supervisor or manager of at least one other person.
A financier means a person who provides money, credit or a thing of value with the purpose or knowledge that it will be used to finance or support the operations of a conspiracy to commit a series of crimes which constitute a pattern of racketeering activity, including but not limited to the purchase of materials to be used in the commission of crimes, buying or renting housing or vehicles, purchasing transportation for members of the conspiracy or otherwise facilitating the commission of crimes which constitute a pattern of racketeering activity.
An organizer is a person who purposely arranges, devises, or plans an organized crime conspiracy.
A supervisor is one who purposely oversees the operation of an organized crime conspiracy.
A manager is one who purposely directs the operations of an organized crime conspiracy.
A person acts purposely with respect to the nature of his/her conduct or the result of that conduct if it is his/her conscious object to engage in conduct of that nature or to cause such a result.A person acts purposely with respect to attendant circumstances if the person is aware of the existence of such circumstances or believes or hopes that they exist. With purpose, designed, with design, or equivalent terms have the same meaning.
[CHARGE WITH REGARD TO FINANCIER]
A person acts knowingly with respect to the nature of his/her conduct or the attendant circumstances if he/she is aware that the conduct is of that nature or that such circumstances exist or the person is aware of a high probability of their existence.A person acts knowingly with respect to a result of the conduct if he/she is aware that it is practically certain that the conduct will cause a result.Knowing, with knowledge, or equivalent terms have the same meaning.
Purposely [and knowingly] is [are] a state[s] of mind that cannot be seen and can only be determined by inference from conduct, words or acts.Therefore, it is not necessary that the State produce witnesses to testify that a defendant said that he/she purposely [or knowingly] did something.His/Her purpose [or knowledge] may be gathered from his/her acts and conduct, from all that he/she said and did at the particular time and place, and from all the surrounding circumstances reflected in the testimony [and evidence adduced at trial].
Defendant, however, does not have to be the only or even the primary financier, organizer, supervisor, or manager, and it is no defense that defendant was subject to the supervision or management of another, nor that another person or persons were also leaders of the organized crime conspiracy.
If the State has proven each of these elements beyond a reasonable doubt, then you must find the defendant guilty.If the State has failed to prove beyond a reasonable doubt any element of this offense, then you must find the defendant not guilty.
| Consequences of a Criminal Guilty Plea|
1. You will have to appear in open court and tell the judge what you did that makes you guilty of the particular offense(s)
2. Do you understand that if you plead guilty:
a. You will have a criminal record3. If you are on Probation, you will have to submit to random drug and urine testing. If you violate Probation, you often go to jail.
4. In indictable matters, you will be required to provide a DNA sample, which could be used by law enforcement for the investigation of criminal activity, and pay for the cost of testing.
5. You must pay restitution if the court finds there is a victim who has suffered a loss and if the court finds that you are able or will be able in the future to pay restitution.
6. If you are a public office holder or employee, you can be required to forfeit your office or job by virtue of your plea of guilty.
7. If you are not a United States citizen or national, you may be deported by virtue of your plea of guilty.
8. You must wait 5-10 years to expunge a first offense. 2C:52-3
9. You could be put on Probation.
10. In Drug Cases, a mandatory DEDR penalty of $500-$1,000, and lose your drivers license for 6 months - 2 years. You must pay a Law Enforcement Officers Training and Equipment Fund penalty of $30.
11. You may be required to do Community Service.
12. You must pay a minimum Violent Crimes Compensation Board assessment of $50 ($100 minimum if you are convicted of a crime of violence) for each count to which you plead guilty.
13. You must pay a $75 Safe Neighborhood Services Fund assessment for each conviction.
14. If you are being sentenced to probation, you must pay a fee of up to $25 per month for the term of probation.
15. You lose the presumption against incarceration in future cases. 2C:44-1
16. You may lose your right to vote.
The defense of a person charged with a criminal offense is not impossible. There are a number of viable defenses and arguments which can be pursued to achieve a successful result. Advocacy, commitment, and persistence are essential to defending a client accused of a criminal offense.
Jail for Crimes and Disorderly Conduct:
If someone pleads Guilty or is found Guilty of a criminal offense, the following is the statutory Prison/Jail terms.
NJSA 2C: 43-8 (1) In the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years;
(2) In the case of a crime of the second degree, for a specific term of years which shall be fixed by the court and shall be between five years and 10 years;
(3) In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(4) In the case of a crime of the fourth degree, for a specific term which shall be fixed by the court and shall not exceed 18 months.
2C:43-3 Fines have been increased recently! 2C:43-3. Fines and Restitutions. A person who has been convicted of an offense may be sentenced to pay a fine, to make restitution, or both, such fine not to exceed:
a. (1) $200,000.00 when the conviction is of a crime of the first degree;
(2) $150,000.00 when the conviction is of a crime of the second degree;
b. (1) $15,000.00 when the conviction is of a crime of the third degree;
(2) $10,000.00 when the conviction is of a crime of the fourth degree;
c. $1,000.00, when the conviction is of a disorderly persons offense;
d. $500.00, when the conviction is of a petty disorderly persons offense;
If facing any criminal charge, retain an experienced attorney immediately to determine you rights and obligations to the court. Current criminal charge researched by Kenneth Vercammen, Esq. 732-572-0500