White Collar Crime
Jury Misconduct / Jury Tampering — Louisiana
March 18, 2012
New Orleans Criminal Defense Attorney
Elizabeth B Carpenter Law — Serving Orleans, Jefferson, St. Tammany, St. Charles, St. James, St. John, Assumption, Plaquemines, Terrebonne and Tangipahoa Parishes!
Jury Misconduct — 14:130
Jury misconduct is committed when:
Any petit or grand juror shall make any promise or agreement to give a verdict or finding for or against any party.
Any petit juror shall intentionally permit any person to influence him, or attempt to influence him, in respect to his verdict in any cause pending, or about to be brought before him, otherwise than in the regular course of proceedings upon the trial of such cause.
Any petit juror shall either use or consume any beverage of low or high alcoholic content during the time he is in actual service as juror.
Any petit juror accepts or offers to accept anything of apparent present or prospective value, before he is discharged from his services as a juror, even if the thing of value is not to be received, delivered, or come to fruition until after discharge from jury service, for his interpretation, impression, analysis or narrative, verbal or written, regarding any element of the criminal trial or jury deliberations.
*** Whoever commits the crime of jury misconduct, shall be fined not more than $500.00 hundred dollars, or imprisoned for not more than 6 months, or both.
Jury Tampering — 14:129
Jury tampering is any verbal or written communication or attempted communication, whether direct or indirect, made to any juror in a civil or criminal cause, including both grand and petit jurors, for the purpose of influencing the juror in respect to his verdict or indictment in any cause pending or about to be brought before him, otherwise than in the regular course of proceedings upon the trial or other determination of such cause. To constitute the offense of jury tampering, the influencing or attempt to influence the juror must be either:
(1) For a corrupt or fraudulent purpose, or
(2) By violence or force, by threats whether direct or indirect.
**Whoever commits the crime of jury tampering in a civil case shall be fined not more than $5000.00 dollars, or imprisoned, with or without hard labor, for not more than 5 years, or both.
**Whoever commits the crime of jury tampering in a criminal case shall be punished as follows:
1) If the offense charged in the trial for which the jury has been impaneled is punishable by death or life imprisonment, the offender shall be imprisoned at hard labor for not more than 99 years.
2) In all other cases the offender shall be fined or imprisoned, or both, to the same extent and in the same manner as for the offense charged in the trial for which the jury has been impaneled.
If you are being investigated or charged with a crime by law enforcement, contact Elizabeth B Carpenter, Esq. to schedule a consultation.
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Perjury, False Swearing, False Statements — Louisiana
March 17, 2012
New Orleans Perjury Criminal Attorney
Elizabeth B. Carpenter, Esq. — Criminal Defense Attorney
New Orleans White Collar Crime Defense
If you are being accused of committing White Collar Crime – Contact Elizabeth B. Carpenter Law. We are ready to work on your case today!
Inconsistent Statements / Perjury — LA RS 14:124
It shall constitute perjury whenever any person, having taken an oath required by law, or made an equivalent affirmation, swears or affirms any fact or state of facts material to the issue or question in controversy; and thereafter in the same or other proceedings, where such matter is material to the issue or question in controversy, swears or affirms in a manner materially contradictory of or inconsistent with his former sworn or affirmed statement. It shall not be necessary for the prosecution, in such case, to show which of the contradictory or inconsistent statements was false; but it shall be an affirmative defense that at the time he made them, the accused honestly believed both statements to be true.
This article shall only be applicable in cases where at least one of the contradictory or inconsistent statements was made in, or for use in, a judicial proceeding or a proceeding before a board or official wherein such board or official is authorized to take testimony.
False Swearing — La RS 14:125
False swearing is the intentional making of a written or oral statement, known to be false, under sanction of an oath or an equivalent affirmation, where such oath or affirmation is required by law; provided that this article shall not apply where such false statement is made in, or for use in, a judicial proceeding or any proceeding before a board or official, wherein such board or official is authorized to take testimony.
Whoever commits the crime of false swearing shall be fined not more than five hundred dollars, or imprisoned for not more than one year, or both.
Inconsistent Statements; False Swearing — La RS 14:126
It shall constitute false swearing whenever any person, having made a statement under sanction of an oath, or an equivalent affirmation, required by law, shall thereafter swear or affirm in a manner materially contradictory of or inconsistent with his former sworn or affirmed statement. It shall not be necessary for the prosecution, in such case, to show which of the contradictory or inconsistent statements was false; but it shall be an affirmative defense that at the time he made them, the accused honestly believed both statements to be true.
False Statements Concerning Denial of Constitutional Rights — La RS 126.2
No person shall wilfully and knowingly, whether orally or in writing, make or cause to be made to any agency, board, commission, member, officer, official, appointee, employee or representative thereof, of the executive, legislative or judicial department of the United States or any subdivision thereof, which may be now in existence, or who may be now appointed, or hereafter created or appointed, including but not limited to any commissioner, referee or voting referee now appointed or who may be hereafter appointed by any court of the United States or any judge thereof, and further including but not limited to any member of the Federal Bureau of Investigation and any agent or representative, investigator or member of the Commission of Civil Rights of the United States, or the Advisory Committee or Board of the Commission of Civil Rights of the United States appointed in and for the state of Louisiana, any false or fictitious or fraudulent statement or statements, or to use any false writing or document asserting or claiming that such person or persons, or any other person or persons have been or are about to be denied or deprived of any right, privilege or immunity granted or secured to them, or to any of them, by the United States Constitution and laws, or by the Louisiana Constitution and laws, by any officer, agency, employee, representative, board or commission or any member thereof of the state of Louisiana, or of any parish or municipality of the state of Louisiana, or of any other political subdivision of the state of Louisiana, or by the state of Louisiana.
Any person or persons violating the provisions of this Section shall, upon conviction thereof, be punished by imprisonment for not less than one year nor more than five years with or without hard labor, or by a fine of not less than one hundred dollars nor more than one thousand dollars or by both such fine and imprisonment.
Serving Clients in Orleans, Jefferson, St. Tammany, St. Charles, St. John, St. Bernard, Tangipahoa, Plaquemines, Assumption and Terrebonne Parishes!
Informers Granted Immunity Under Public Bribery and Corrupt Influencing Articles — Louisiana
March 13, 2012
Louisiana Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.
Informers Granted Immunity — 14:121
The offender, under the public bribery, bribery of voters or corrupt influencing articles, who states the facts under oath to the district attorney charged with the prosecution of the offense, and who gives evidence tending to convict any other offender under those articles, may, in the discretion of such district attorney, be granted full immunity from prosecution in respect to the offense reported, except for perjury in giving such testimony.
Criminal Use of Internet, Virtual, Street-map; Enhanced Penalties — Louisiana
March 11, 2012
Louisiana Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Tnagipahoa, Assumption and Plaquemines Parishes.
Criminal Use of Internet, Virtual, Street-map; Enhanced Penalties — La RS 14:73.9
When an Internet, virtual, street-level map is used in the commission of a criminal offense against a person or against property, an additional sentence for a period of not less than 1 year shall be imposed. The additional penalty imposed pursuant to this Subsection shall be served consecutively with the sentence imposed for the underlying offense.
Computer Tampering — Louisiana
March 9, 2012
New Orleans White Collar Crime Defense
Elizabeth B. Carpenter, Esq. — New Orleans Computer Cyber Crime Attorney
If you or a loved one is being investigated for a White Collar Crime in the New Orleans area, contact Elizabeth B. Carpenter, Esq. We have the experience and dedication that your case needs.
Computer Tampering — La R.S. 14:73.3
Computer tampering is the intentional commission of any of the actions enumerated herein when that action is taken knowingly and without the authorization of the owner of a computer:
(1.) Accessing or causing to be accessed a computer or any part of a computer or any program or data contained within a computer.
(2.) Copying or otherwise obtaining any program or data contained within a computer.
(3.) Damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.
(4.) Introducing or attempting to introduce any electronic information of any kind and in any form into one or more computers, either directly or indirectly, and either simultaneously or sequentially, with the intention of damaging or destroying a computer, or altering, deleting, or removing any program or data contained within a computer, or eliminating or reducing the ability of the owner of the computer to access or utilize the computer or any program or data contained within the computer.
For purposes of this Section:
** Actions which are taken without authorization include actions which intentionally exceed the limits of authorization.
** If an owner of a computer has established a confidential or proprietary code which is required in order to access a computer, and that code has not been issued to a person, and that person uses that code to access that computer or to cause that computer to be accessed, that action creates a rebuttable presumption that the action was taken without authorization or intentionally exceeded the limits of authorization.
** The vital services or operations of the state, or of any parish, municipality, or other local governing authority, or of any utility company are the services or operations which are necessary to protect the public health, safety, and welfare, and include but are not limited to: law enforcement; fire protection; emergency services; health care; transportation; communications; drainage; sewerage; and utilities, including water, electricity, and natural gas and other forms of energy.
Whoever commits the crime of computer tampering as defined in (1.) and (2.) above, shall be fined not more than $500.00 hundred dollars or imprisoned for not more that 6 months, or both.
Whoever commits the crime of computer tampering as defined in (3.) and (4.) above, shall be fined not more than $10,000 dollars or imprisoned, with or without hard labor, for not more that 5 years, or both.
Whoever violates the crime of computer tampering as defined (3) and (4) above, with the intention of disrupting the vital services or operations of the state, or of any parish, municipality, or other local governing authority, or of any utility company, or with the intention of causing death or great bodily harm to one or more persons, shall be fined not more than $10,000 dollars or imprisoned at hard labor for not more that 15 years, or both.
Elizabeth B. Carpenter, Esq. — New Orleans White Collar Crime Attorney
Commercial Bribery — Louisiana
March 9, 2012
New Orleans Commercial Bribery Defense Attorney
Elizabeth B. Carpenter, Esq. – New Orleans Criminal Defense White Collar Crime
Commercial Bribery — 14:73 La RS
Commercial bribery is the giving or offering to give, directly or indirectly, anything of apparent present or prospective value to any private agent, employee, or fiduciary, without the knowledge and consent of the principal or employer, with the intent to influence such agent’s, employee’s, or fiduciary’s action in relation to the principal’s or employer’s affairs.
The agent’s, employee’s or fiduciary’s acceptance of or offer to accept, directly or indirectly, anything of apparent present or prospective value under such circumstances shall also constitute commercial bribery.
The offender under this article who states the facts, under oath, to the district attorney charged with prosecution of the offense, and who gives evidence tending to convict any other offender under this article, may, in the discretion of the district attorney, be granted full immunity from prosecution for commercial bribery, in respect to the particular offense reported.
Whoever commits the crime of commercial bribery shall be fined not more than $500.00, or imprisoned for not more than 6 months, or both.
Abuse of Office — Louisiana
March 6, 2012
New Orleans Abuse of Office Defense Attorney
Elizabeth B. Carpenter, Esq. – New Orleans Criminal Defense White Collar Crime
Abuse of Office — La R.S. 14:134.3
No public officer or public employee shall knowingly and intentionally use the authority of his office or position, directly or indirectly, to compel or coerce any person to provide the public officer, public employee or any other person with anything of apparent present or prospective value when the public officer or employee is not entitled by the nature of his office to the services sought or the object of his demand.
Whoever violates the provisions of this Section shall be fined up to $5,000 dollars, or be imprisoned with or without hard labor for not less than 1 year nor more than 5 years.
In addition to the penalty a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest.
The provisions of this Section shall not apply to benefits or services rendered to a person who is entitled to such benefits or services from the state or any political subdivision of the state or any governmental entity when the public officer or public employee is performing his duties as authorized by law. Nothing in this Section shall prohibit or limit the ability of a public officer or public employee from performing his duties as authorized by law or as a condition of his employment or office.
If you are being accused of a white collar crime, contact Elizabeth B. Carpenter, Esq. to schedule a consultation. Let’s start planning your defense today!
Malfeasance in Office — Louisiana
March 6, 2012
Louisiana Malfeasance in Office Defense Attorney
Elizabeth B. Carpenter, Esq. – New Orleans Criminal Defense
Malfeasance in Office — La R.S. 14:134
Malfeasance in office is committed when any public officer or public employee shall:
(1) Intentionally refuse or fail to perform any duty lawfully required of him, as such officer or employee; or
(2) Intentionally perform any such duty in an unlawful manner; or
(3) Knowingly permit any other public officer or public employee, under his authority, to intentionally refuse or fail to perform any duty lawfully required of him, or to perform any such duty in an unlawful manner.
Any duty lawfully required of a public officer or public employee when delegated by him to a public officer or public employee shall be deemed to be a lawful duty of such public officer or employee. The delegation of such lawful duty shall not relieve the public officer or employee of his lawful duty.
Penalties
Whoever commits the crime of malfeasance in office shall be imprisoned for not more than 5 years with or without hard labor or shall be fined not more than $5,000, or both.
In addition a person convicted of the provisions of this Section may be ordered to pay restitution to the state if the state suffered a loss as a result of the offense. Restitution shall include the payment of legal interest.
If you are being charged with Malfeasance, contact Elizabeth B. Carpenter, Esq. for a consultation. You need a hard-working attorney on your side.
Obstruction of Justice — Louisiana
February 25, 2012
Louisiana Obstruction of Justice Defense Attorney
Elizabeth B. Carpenter, Esq. – New Orleans Criminal Defense
Obstruction of Justice — LA R.S. 14:130.1
The crime of obstruction of justice is any of the following when committed with the knowledge that such act has, reasonably may, or will affect an actual or potential present, past, or future criminal proceeding as hereinafter described:
(1) Tampering with evidence with the specific intent of distorting the results of any criminal investigation or proceeding which may reasonably prove relevant to a criminal investigation or proceeding. Tampering with evidence shall include the intentional alteration, movement, removal, or addition of any object or substance either:
- At the location of any incident which the perpetrator knows or has good reason to believe will be the subject of any investigation by state, local, or United States law enforcement officers; or
- At the location of storage, transfer, or place of review of any such evidence.
(2) Using or threatening force toward the person or property of another with the specific intent to:
- Influence the testimony of any person in any criminal proceeding;
- Cause or induce the withholding of testimony or withholding of records, documents, or other objects from any criminal proceeding;
- Cause or induce the alteration, destruction, mutilation, or concealment of any object with the specific intent to impair the object’s integrity or availability for use in any criminal proceeding;
- Evade legal process or the summoning of a person to appear as a witness or to produce a record, document, or other object in any criminal proceeding;
- Cause the hindrance, delay, or prevention of the communication to a peace officer of information relating to an arrest or potential arrest or relating to the commission or possible commission of a crime or parole or probation violation.
(3) Retaliating against any witness, victim, juror, judge, party, attorney, or informant by knowingly engaging in any conduct which results in bodily injury to or damage to the property of any such person or the communication of threats to do so with the specific intent to retaliate against any person for:
- The attendance as a witness, juror, judge, attorney, or a party to any criminal proceeding or for producing evidence or testimony for use or potential use in any criminal proceeding, or
- The giving of information, evidence, or any aid relating to the commission or possible commission of a parole or probation violation or any crime under the laws of any state or of the United States.
Penalties
(1) When the obstruction of justice involves a criminal proceeding in which a sentence of death or life imprisonment may be imposed, the offender shall be fined not more than $100,000, imprisoned for not more than 40 years at hard labor, or both.
(2) When the obstruction of justice involves a criminal proceeding in which a sentence of imprisonment necessarily at hard labor for any period less than a life sentence may be imposed, the offender may be fined not more than $50,000, or imprisoned for not more than 20 years at hard labor, or both.
(3) When the obstruction of justice involves any other criminal proceeding, the offender shall be fined not more than $10,000.00, imprisoned for not more than 5 years, with or without hard labor, or both.
Elizabeth B. Carpenter, Esq. – Contact us to schedule a consultation today!
Identity Theft — Louisiana
February 19, 2012
New Orleans White Collar Crime Defense Attorney
Elizabeth B. Carpenter, Esq. – Louisiana Identity Theft Criminal Defense
Elizabeth B. Carpenter Law Firm has defended many individuals accused of Identity Theft. If you are being charged with any White Collar or Economic Crime, contact our office for a consultation. Our job is to protect your rights!
Identity Theft : La RS 14:67.16
Identity theft is the intentional use or possession or transfer or attempted use with fraudulent intent by any person of any personal identifying information of another person to obtain, possess, or transfer, whether contemporaneously or not, credit, money, goods, services, or any thing else of value without the authorization or consent of the other person.
Value $1,000 or more
Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $10,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not less than 3 years and for not more than 10 years, or may be fined not more than$10,000, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $1,000 or more, shall be imprisoned, with or without hard labor, for not less than 3 years and for not more than 10 years, or may be fined not more than $10,000 thousand dollars, or both.
Value of $500 but less than $1,000
Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of $500.00 or more, but less than $1,000 dollars, shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $5,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $500.00 dollars or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not less than 2 years and not more than 5 years, or may be fined not more than $5,000 dollars, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $500 or more, but less than $1,000, shall be imprisoned, with or without hard labor, for not less than 2 years and not more than 5 years, or may be fined not more than $5,000, or both.
Value of $300 but less than $500
Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value of $300 hundred dollars or more, but less than $500, shall be imprisoned, with or without hard labor, for not more than 3 years, or may be fined not more than $3,000, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $300 or more, but less than $500, shall be imprisoned, with or without hard labor, for not less than 1 year and not more than 3 years, or may be fined not more than $3,000, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value of $300 or more, but less than $500 hundred dollars, shall be imprisoned, with or without hard labor, for not less than 1 year and not more than 3 years, or may be fined not more than $3,000 dollars, or both.
Value less than $300 — Misdeameanor
Whoever commits the crime of identity theft when credit, money, goods, services, or any thing else of value is obtained, possessed, or transferred, which amounts to a value less than $300, shall be imprisoned for not more than 6 months, or may be fined not more than $500 hundred dollars, or both.
Whoever commits the crime of identity theft when the victim is 60 years of age or older or a disabled person when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value less than $300, shall be imprisoned with or without hard labor, for not less than 6 months and not more than 1 year, or may be fined not more than $500, or both.
Whoever commits the crime of identity theft when the victim is under the age of 17 when the credit, money, goods, services, or any thing else of value is obtained which amounts to a value less than $300, shall be imprisoned with or without hard labor, for not less than 6 months and not more than 1 year, or may be fined not more than $500.00, or both.
Enhancements
Upon a third or subsequent conviction of a violation of the provisions of this Section, the offender shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $20,000, or both.
**When there has been a theft by a number of distinct acts of the offender, the aggregate of the amount of the theft shall determine the grade of the offense.
Restitution
A person convicted of Identity Theft shall be ordered to make full restitution to the victim and any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution is found to be indigent and the court shall order a periodic payment plan consistent with the person’s financial ability.
** This statute shall not apply to any person who obtains another’s driver’s license or other form of identification for the sole purpose of misrepresenting his age because this is an economic crime.
What do I do if I think that I am the victim of Identity Theft in Louisiana?
Any person who has learned or reasonably suspects that his personal identifying information has been unlawfully used by another in violation of any provision of this Section may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over the area of his residence. Any law enforcement agency which is requested to conduct an investigation under the provisions of this Subsection shall take a police report of the matter from the victim, provide the complainant with a copy of such report, and begin an investigation of the facts. If the crime was committed in a different jurisdiction, the agency preparing the report shall refer the matter, with a copy of the report, to the local law enforcement agency having jurisdiction over the area in which the alleged crime was committed for an investigation of the facts.
Any officer of any law enforcement agency who investigates an alleged violation in compliance with the provisions of this Subsection shall make a written report of the investigation that includes the name of the victim; the name of the suspect, if known; the type of personal identifying information obtained, possessed, transferred, or used in violation of this Section; and the results of the investigation. At the request of the victim who has requested the investigation, the law enforcement agency shall provide to such victim the report created under the provisions of this Paragraph. In providing the report, the agency shall eliminate any information that is included in the report other than the information required by this Paragraph.
If you are being charged with any White Collar or Economic Crime, contact our office for a consultation.
