Misconduct By a Corporate Official

New Jersey Criminal Defense Attorney Representing Those Accused of Misconduct By a Corporate Official

Being charged with Misconduct By a Corporate Official can be stressful and overwhelming.  A conviction for Misconduct By a Corporate Official can have devastating consequences including jail or prison time.  It can also impact employment, housing, finances, education, reputation, and relationships.  Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side. 

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience.  Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of White-Collar Offenses throughout New Jersey. 

Ms. Denholtz handles her cases with exacting attention to detail and works tirelessly to ensure her clients receive the best possible outcome for their individualized situation.  At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves.  Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Misconduct By a Corporate Official

(N.J.S.A. 2C:21-9)

Misconduct By a Corporate Official:  A person is guilty of a crime when:

• Being a director of a corporation, he knowingly with purpose to defraud, concurs in any vote or act of the directors of such corporation, or any of them, which has the purpose of:

  • Making a dividend except in the manner provided by law.

  • Dividing, withdrawing or in any manner paying to any stockholder any part of the capital stock of the corporation except in the manner provided by law.

  • Discounting or receiving any note or other evidence of debt in payment of an installment of capital stock actually called in and required to be paid, or with purpose of providing the means of making such payment.

  • Receiving or discounting any note or other evidence of debt with purpose of enabling any stockholder to withdraw any part of the money paid in by him on his stock.

  • Applying any portion of the funds of such corporation, directly or indirectly, to the purchase of shares of its own stock, except in the manner provided by law.

• Being a director or officer of a corporation, he, with purpose to defraud:

  • Issues, participates in issuing, or concurs in a vote to issue any increase of its capital stock beyond the amount of the capital stock thereof, duly authorized by or in pursuance of law; or

  • Sells, or agrees to sell, or is directly interested in the sale of any share of stock of such corporation, or in any agreement to sell the same, unless at the time of such sale or agreement he is an actual owner of such share, provided that the foregoing shall not apply to a sale by or on behalf of an underwriter or dealer in connection with a bona fide public offering of shares of stock of such corporation.

• He purposely or knowingly uses, controls or operates a corporation for the furtherance or promotion of any criminal object.

  
  

Grading of Misconduct By a Corporate Official:

• 2nd Degree Offense: If the benefit derived from a violation of this section is $75,000.00, or more, the offender is guilty of a crime of the 2nd degree, which is punishable by up to 10 years in New Jersey State Prison.

• 3rd Degree Offense: If the benefit derived exceeds $1,000.00, but is less than $75,000.00, the offender is guilty of a crime of the 3rd degree, which is punishable by up to 5 years in New Jersey State Prison.

• 4th Degree Offense: If the benefit derived is $1,000.00, or less, the offender is guilty of a crime of the 4th degree, which is punishable by up to 18 months in New Jersey State Prison.

Contact a New Jersey White Collar Crime Lawyer for a FREE Consultation

The consequences of a criminal conviction can be devastating.  It can impact employment, housing, finances, education, reputation, and relationships.  Criminal cases are also very complex and highly specialized.  If you or a loved one are facing criminal charges, it is crucial to hire an experienced criminal defense attorney. 

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.