Seton Hall _ Law – Program Highlight and Spotlight Display Page money laundering cases in india

Legislative journal article by james B. Johnston ’96 cited by the state supreme court article based on johnston’s experience with a money-laundering case he coordinated while serving in the essex county prosecutor’s office

James B. Johnston’s article, an examination of new jersey’s money laundering statutes, was published in the seton hall legislative journal in 2005 and was recently cited by the new jersey supreme court in state v. Diorio, 216 N.J. 598, 625 (N.J. 2014).

The seton hall legislative journal is a nationally recognized periodical focusing on legislative, statutory, and regulatory topics. The journal was established in 1975, and is currently publishing its 38 th edition.

Johnston contributed the article to the legislative journal as a practitioner when he was serving as a lieutenant of prosecutor’s detectives in a supervisory role, overseeing the police/government corruption unit at the essex county prosecutor’s office.Money laundering cases in india

he wrote the article while coordinating an investigation of an east orange police officer who organized a multifarious money laundering scheme by submitting fraudulent invoices to his employer, the city of east orange, and ultimately fraudulently collected over $200,000.

Johnston’s team at the essex county prosecutor’s office charged the officer with several financial crimes, including second-degree money laundering. After a trial, the officer was convicted and sentenced to 20 years in prison, a notably long sentence for a police corruption conviction, which was the result of the new jersey money laundering statute’s mandatory consecutive sentencing provisions.

I wrote the article to highlight the very powerful provisions of new jersey’s money laundering statutes, johnston says. In the area of financial crimes, a money laundering charge can substantially increase a sentence because of its mandatory consecutive sentencing provisions.Money laundering cases in india johnston explains, just one count for money laundering in an indictment can turn a second- or third-degree indictment into a de facto first degree indictment. Johnston wrote the article to serve as a resource to assist criminal attorneys in gaining a solid understanding of the statutes. Defense attorneys must thoroughly understand the laws in order to zealously defend their clients when charged under such unique and complex statutes, while prosecutors must understand how to maximize the power of the provisions to effectively negotiate plea agreements.

The diorio decision, in which johnston’s article is cited, serves to validate the continuing course of conduct theory with respect to financial crimes. Diorio allows prosecutors to merge multiple criminal financial transactions to create one continuing crime in order to aggregate the total monetary loss resulting from the transactions.Money laundering cases in india this method also maximizes the statute of limitations, which begins to toll after the last financial transaction is completed. Johnston explains that the diorio case allows law enforcement a long period of time to investigate complicated money laundering schemes such as those in the area of narcotics distribution.

Johnston attended seton hall law as an evening student while working as a law enforcement officer at the essex county prosecutor’s office, where he investigated a wide variety of crimes including government corruption, narcotics, organized crime, and white-collar crime. As a law student, he was an editor-in-chief of res ipsa loquitor, the law school’s former newspaper. Additionally, he was involved with a humanitarian organization, project children, for which he raised funds to sponsor vacations to the U.S. For children in northern ireland who were affected by the northern irish conflict.Money laundering cases in india

Johnston remains active in the law school’s community; he is currently a member and past president of the alumni council and has been active with the red mass committee, for which he served as a co-chair. Johnston has been an adjunct professor since 2001, teaching such courses as persuasion and advocacy, criminal trial practice, and deposition skills. He retired from the essex county prosecutor’s office in 2011 and currently practices employment law and criminal defense at the firm of schwartz, simon, edelstein celso, LLC.

– contributed by samantha fasanello ’15