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May 16, 2016
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Green, Benson & Moriarty Bill to Establish Penalties
for Pyramid Scheme Participation Clears Assembly Panel
(TRENTON) – Legislation sponsored by
Assembly Democrats Jerry Green, Daniel R. Benson and Paul Moriarty to establish
criminal penalties for promoting or participating in a pyramid scheme recently
was advanced by an Assembly committee.
“Pyramid schemes make victims out of vulnerable people who often are just
looking for a way to make ends meet,” said Green (D-Middlesex/Somerset/Union). “Individuals
who understand that an enterprise is a pyramid scheme and still choose to
participate ought to face serious consequences.”
The bill (A-2004) would make it a crime
of the second degree, generally punishable by five to ten years’ imprisonment,
for a person to conspire with another person as an organizer, supervisor,
financier or manager of a pyramid promotional scheme. The bill also would
permit the court to impose a fine of up to $250,000.
Recruiting for a pyramid promotional
scheme, or soliciting or inducing another person to participate in a scheme,
would be a crime of the fourth degree, generally punishable by up to 18 months’
imprisonment.
Under the bill, a pyramid promotional
scheme is defined as “any scheme or course of conduct by which a person gives
consideration for the opportunity to receive compensation that is derived
primarily from a person’s introduction of another person to participate in the
scheme or course of conduct rather than from the sale of a product by a person
introduced into the scheme or course of conduct.”
“New Jersey is the only state in the
nation without a statute that clearly categorizes a pyramid scheme as the crime
that it is,” said Benson (D-Mercer/Middlesex). “This legislation is a
declaration that this kind of deception will not be tolerated as a business
model.”
“Outlining a clear definition of, and
penalty for, a pyramid scheme in our state will make it easier for prosecutors
to identify and file charges against individuals who participate in these scams
with malicious intent,” said Moriarty (D-Camden/Gloucester). “Pyramid schemes
ruin lives. New Jersey must ensure that those who engage in them face the
appropriate punishment.”
The measure was advanced on Thursday by the Assembly Consumer Affairs
Committee, of which Moriarty is chair.
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