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Restraint of Trade

New Jersey White Collar Crime Attorneys

56:9-11. Restraint of Trade

a. Any person who shall knowingly violate any of the provisions of P.L.1970, c.73 (C.56:9-1 et seq.) or knowingly aid or advise in such violation is guilty of a crime.

b. Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving or affecting trade or commerce of a value less than $ 1,000,000.00 shall be guilty of a crime of the third degree. Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving or affecting trade or commerce of a value equal to or greater than $ 1,000,000.00 shall be guilty of a crime of the second degree. Any person convicted pursuant to the provisions of subsection a. of this section of a violation involving bid rigging on public contracts, regardless of the value of trade or commerce involved or affected, shall be guilty of a crime of the second degree.

c. Notwithstanding the provisions of subsections a. and b. of N.J.S.2C:43-3, a person convicted of a crime of the second degree under this section shall be subject to a fine of not less than $ 50,000.00 nor more than $ 300,000.00, or, in the case of a corporation, partnership, or other business entity, be subject to a fine of not less than $ 250,000.00 nor more than $ 1,000,000.00, or imprisonment, or both, and a person convicted of a crime of the third degree under this section shall be subject to a fine of not less than $ 25,000.00 nor more than $ 150,000.00, or, in the case of a corporation, partnership, or other business entity, be subject to a fine of not less than $ 100,000.00 nor more than $ 300,000.00, or imprisonment, or both.

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