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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 05 AMUSEMENTS, PUBLIC EXHIBITIONS AND MEETINGS
Chapter : 5:12-129
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5:12-129. Supplemental sanctions
129. Supplemental Sanctions. In addition to any penalty, fine or term of imprisonment authorized by law, the commission shall, after appropriate hearings and factual determinations, have the authority to impose the following sanctions upon any person licensed or registered pursuant to this act:
(1) Revoke the license or registration of any person for the conviction of any criminal offense under this act or for the commission of any other offense or violation of this act which would disqualify such person from holding his license or registration;
(2) Revoke the license or registration of any person for willfully and knowingly violating an order of the commission directed to such person;
(3) Suspend the license or registration of any person pending hearing and determination, in any case in which license or registration revocation could result;
(4) Suspend the operation certificate of any casino licensee for violation of any provisions of this act or regulations promulgated hereunder relating to the operation of its casino or, if applicable, its simulcasting facility, or both, including games, internal and accountancy controls and security;
(5) Assess such civil penalties as may be necessary to punish misconduct and to deter future violations, which penalties may not exceed $10,000.00 in the case of any individual licensee or registrant, except that in the case of a casino licensee the penalty may not exceed $50,000.00;
(6) Order restitution of any moneys or property unlawfully obtained or retained by a licensee or registrant;
(7) Enter a cease and desist order which specifies the conduct which is to be discontinued, altered or implemented by the licensee or registrant;
(8) Issue letters of reprimand or censure, which letters shall be made a permanent part of the file of each licensee or registrant so sanctioned; or
(9) Impose any or all of the foregoing sanctions in combination with each other.
L.1977,c.110,s.129; amended 1981,c.503,s.20; 1993,c.292,s.32.
5:12-129.1 Report of suspicious transaction.
1. The holder of any license issued under P.L.1977, c.110 (C.5:12-1 et seq.), or any person acting on behalf thereof, shall file a report of any suspicious transaction with the Director of the Division of Gaming Enforcement. For the purposes of P.L.1999, c.352 (C.5:12-129.1 et al.), ~suspicious transaction~ means the acceptance of cash or the redeeming of chips or markers involving or aggregating $5,000 if the licensee or person knows or suspects that the transaction:
a. involves funds derived from illegal activities or is intended or conducted in order to conceal or disguise funds or assets derived from illegal activities;
b. is part of a plan to violate or evade any law or regulation or to avoid any transaction reporting requirement under the law or regulations of this State or the United States, including a plan to structure a series of transactions to avoid any transaction reporting requirement under the laws or regulations of this State or the United States; or
c. has no business or other apparent lawful purpose or is not the sort of transaction in which a person would normally be expected to engage and the licensee or person knows of no reasonable explanation for the transaction after examining the available facts, including the background and possible purpose of the transaction.
L.1999,c.352,s.1.
5:12-129.2 Failure to file report, sanctions.
2. Any person required by section 1 of P.L.1999, c.352 (C.5:12-129.1) to file a report of a suspicious transaction who knowingly fails to file a report thereof or who knowingly causes any other person having that responsibility to fail to file a report shall be subject to the sanctions set forth in section 129 of P.L.1977, c.110 (C.5:12-129). Nothing herein shall be deemed to preclude, if the evidence so warrants, an indictment and conviction for a violation of section 3 of P.L.1994, c.121 (C.2C:21-25) or any other provision of law.
L.1999,c.352,s.2.
5:12-129.3 Record of reports.
3. The Division of Gaming Enforcement shall maintain a record of all reports made pursuant to P.L.1999, c.352 (C.5:12-129.1 et al.) for a period of five years. The division shall make the reports available to any State or federal law enforcement agency upon written request and without necessity of subpoena.
L.1999,c.352,s.3.
5:12-129.4 Rules, regulations.
4. The Director of the Division of Gaming Enforcement shall promulgate rules and regulations pursuant to the ~Administrative Procedure Act,~ P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of P.L.1999, c.352 (C.5:12-129.1 et al.). The director may determine that compliance with applicable federal reporting requirements, as may be adopted or amended from time to time, satisfies the reporting requirements of this act.
L.1999,c.352,s.4.
5:12-129.5 Notification to person involved in transaction prohibited, fourth degree crime.
5. Any person who is required to file a report of a suspicious transaction pursuant to the provisions of section 1 of P.L.1999, c.352 (C.5:12-129.1) shall not notify a person involved in the transaction that the transaction has been reported.
Any person who violates the provisions of this section shall be guilty of a crime of the fourth degree.
L.1999,c.352,s.5.
5:12-129.6 Immunity from civil liability.
6. Any person who is required to file a report of a suspicious transaction pursuant to the provisions of P.L.1999, c.352 (C.5:12-129.1 et al.) who in good faith makes such a report shall not be liable in any civil action brought by any person for making such a report, regardless of whether the transaction is later determined to be suspicious.
L.1999,c.352,s.6.
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