Economic Crimes

Organized Retail Theft — Louisiana

 

New Orleans Criminal Theft Defense Attorney

Elizabeth B. Carpenter, Esq. —  Criminal Attorney New Orleans 

 

If you have been charged with Theft — you need a good lawyer on your side to fight for your rights!

 

Organized Retail Theft — La RS 14:67.25

Organized retail theft is the intentional procuring, receiving, or concealing of stolen retail property with the intent to sell, deliver, or distribute that property.

It shall be presumptive evidence that the owner or operator of any retail establishment has violated this Section when:

(1)  On more than one occasion within any one-hundred-eighty-day period the offender has intentionally possessed, procured, received, or concealed stolen retail property; and

(2)  The stolen retail property was possessed, procured, received, or concealed from or on behalf of any person who:

(a)  Did not have a proper business license; or

(b)  Did not pay sales or use taxes to the state or the appropriate local government subdivision in the jurisdiction where the possessing, procuring, receiving, or concealing took place for the transfer of the items to the owner or operator of the retail establishment; or

(c)  Accepted a cash payment for the stolen retail property and did not provide the owner or operator of the possessing, procuring, receiving, or concealing retail establishment an invoice for the sale.

 

Penalties

Whoever commits the crime of organized retail theft when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amounts to a value less than five hundred dollars shall be imprisoned with or without hard labor for not more than two years, or may be fined not more than two thousand dollars, or both.

Whoever commits the crime of organized retail theft when the aggregate amount of the misappropriation, taking, purchasing, possessing, procuring, receiving, or concealing in any one-hundred-eighty-day period amounts to a value more than five hundred dollars shall be imprisoned with or without hard labor for not more than ten years, or may be fined not more than ten thousand dollars, or both.

Cheating and Swindling — Louisiana

New Orleans White Collar Crime Defense Attorney

 

 

Elizabeth B. Carpenter, Esq. — White Collar Crime New Orleans

 

 Cheating and Swindling — La RS 14:67.18

A.  It shall be unlawful for any person who by any trick or sleight of hand performance, or by fraud or fraudulent scheme, cards, dice, or device, for himself or another, wins or attempts to win money or property or a combination thereof, or reduces a losing wager or attempts to reduce a losing wager, increases a winning wager or attempts to increase a winning wager in connection with gaming operations.

B.(1)  Whoever violates the provisions of this Section when the value of such money or property or combination thereof or reduced or increased wager amounts to a value of one thousand five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.

(2)  When the value of such money or property or combination thereof or reduced or increased wager amounts to a value of five hundred dollars or more, but less than a value of one thousand five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than two thousand dollars, or both.

(3)  When the value of such money or property or combination thereof or reduced or increased wager amounts to less than a value of five hundred dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of cheating and swindling two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.

 

Facing an indictment for a white collar crime is one of the most difficult experiences one could possibly endure. In addition to whatever consequences a conviction might bring, including prison time and permanent felony conviction on your record, a white collar crime charge can do lasting damage to your reputation and tear apart your family, even if you are not convicted. Elizabeth B. Carpenter, Law understands the stress that you are experiencing. Our job is to minimize any potential damage to your future and protect your rights.

Home Improvement Fraud — Louisiana

New Orleans Contractor Fraud Criminal Attorney

 

Elizabeth B. Carpenter, Esq. – Criminal Defense Attorney

New Orleans White Collar Crime

 

If you are being accused of committing Home Improvement Fraud, it is imperative that you have a hard-working attorney advocating for you.  Your contractor’s license could be in jeopardy – Contact Elizabeth B. Carpenter Law.  We are ready to work on your case today!

Home Improvement Fraud —  La RS 14:202.1

 

Home improvement fraud is committed when a person who has contracted to perform any home improvement, or who has subcontracted for the performance of any home improvement, hereinafter referred to as “contractor”, knowingly engages in any of the following actions:

(1)  The failure to perform any work during a forty-five-day period of time or longer after receiving payment.

(2)  The use by a contractor, or by an agent or employee of a contractor, of any deception, false pretense, or false promise to cause any person to enter into a contract for home improvements.

(3)  The damaging of any property of any person, by a contractor, or by an agent or employee of a contractor, with the intent to induce that person to enter into a contract for home improvements.

 

For purposes of this Section, “home improvement” means any alteration, repair, modification, or other improvement to any immovable or movable property primarily designed or used as a residence or to any structure within the residence or upon the land adjacent thereto.

 

The following shall constitute affirmative defenses to a violation:

(1)  The work could not be performed due to excessive inclement weather conditions, and the work to be performed is outdoors.

(2)  The work could not be performed due to the failure to receive necessary materials.

(3)  The work could not be performed for justifiable medical reasons which can be verified.

(4)  The work could not be performed due to the inability to access the job site.

(5)  The parties have contracted to provisions which are different than those provided by this statute, and those provisions are clear and unambiguous.

(6)  The contractor has written verification of job completion.

(7)  The work could not be performed due to the inability to obtain proper work permits.

 

Penalties

Whoever commits the crime of home improvement fraud shall be fined not more than one thousand dollars and shall be imprisoned for not more than 6 months when:

(1)  The home improvement fraud is an act specified of this Section, and the person with whom the contract for the home improvement has been entered into has been paid an amount of less than three hundred dollars.

(2)  The home improvement fraud is a first offense commission of an act of this Section.

(3)  The home improvement fraud is an act of this Section, and the cost to repair the damaged property is in an amount which is less than $300.00 dollars.

 

Whoever commits the crime of home improvement fraud shall be imprisoned, with or without hard labor, for not more than 2 years, and shall be fined not more than f$5,000.00 dollars, when any of the following occur:

(1)  The home improvement fraud is an act of this Section, and the person with whom the contract for the home improvement has been entered into has been paid an amount of $300.00 dollars or more, but less than $500.00 dollars.

(2)  The home improvement fraud is a second offense commission of an act of this Section.

(3)  The home improvement fraud is an act of this Section, and the cost to repair the damaged property is in an amount which is valued at three hundred dollars or more, but less than $500.00 dollars.

 

Whoever commits the crime of home improvement fraud shall be fined not more than twenty thousand dollars and shall be imprisoned, with or without hard labor, for not more than 10 years, if the home improvement fraud is committed under any of the following circumstances:

(1)  The home improvement fraud is an act of this Section, and the person with whom the contract for the home improvement has been entered into has been paid an amount of $500.00 dollars or more.

(2)  The home improvement fraud is a third or subsequent offense commission of an act of this Section.

(3)  The home improvement fraud is an act of this Section, and the cost to repair the damaged property is in an amount which is valued at 500.00 hundred dollars or more.

(4)  The person with whom the contract for home improvement is entered into is a disabled person.

(5)  The person with whom the contract for home improvement is entered into is 60years of age or older.

 

For the purposes of this Section, the following shall apply:

(1)  Lack of knowledge of the person’s age or disability shall not be a defense.

(2)  Restitution shall be ordered by the court.

 

Theft — Louisiana

New Orleans Criminal Theft Defense Attorney

Elizabeth B. Carpenter, Esq. —  Criminal Attorney New Orleans 

 

If you have been charged with Theft — you need a good lawyer on your side to fight for your rights!

 

Theft — La RS 14:67

Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations.  An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.

 

Penalties

When the misappropriation or taking amounts to a value of $1500.00 or more shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $3,000 , or both.  This is a Felony.

When the misappropriation or taking amounts to a value of $500 or more, but less than a value of $1,500.00 , the offender shall be imprisoned, with or without hard labor, for not more than 5 years, or may be fined not more than $2,000.00 , or both.

When the misappropriation or taking amounts to less than a value of $500 dollars, the offender shall be imprisoned for not more than 6 months, or may be fined not more than $1,000.00, or both.  If the offender in such cases has been convicted of theft 2 or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than 2 years, or may be fined not more than$2,000.00, or both.  Generally, this is a misdemeanor.

**  When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate of the amount of the misappropriations or taking shall determine the grade of the offense.


 

Contact Elizabeth B. Carpenter, Esq. to schedule a Consultation today!

Informers Granted Immunity Under Public Bribery and Corrupt Influencing Articles — Louisiana

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.

Identity Theft — Louisiana

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 Crimecontact our office for a consultation.

 

 

Credit Card Fraud By Persons Providing Goods and Services — Louisiana

New Orleans White Collar Crime Attorney

 

Elizabeth B. Carpenter, Esq. — Louisiana Criminal Defense

 

Elizabeth B. Carpenter Law Firm has defended many individuals accused of Credit Card Fraud.  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!

 

 Credit Card Fraud by Persons Authorized to Provide

Goods and Services — La. R.S. 14:67.11

 

No provider shall, with intent to defraud an issuer or a cardholder, furnish money, goods, services, or anything else of value upon presentation of a credit card obtained or retained in violation of this Section, or a credit card which the provider knows is forged or revoked.

No provider shall, with intent to defraud an issuer or a cardholder, fail to furnish money, goods, services, or anything else of value which the provider represents in writing, electronically or otherwise, to an issuer or an acquirer that such provider has furnished.

No provider shall, with intent to defraud an issuer or a cardholder, present to an issuer or acquirer for payment a credit card transaction record which is not the result of an act between the cardholder and the provider.

No person shall employ, solicit, or otherwise cause a provider’s employee or authorized agent to remit a credit card transaction record of a sale that was not originated as a result of an act between the cardholder and such provider.

 

Penalties

May be imprisoned, with or without hard labor, for not more than 15 years, or fined not more than$50,000.00, or both.  

Failure to Pay Child Support — Louisiana

New Orleans Criminal Defense Attorney

If you are being charged with Criminal Failure to Pay Child Support, contact Elizabeth B. Carpenter, Esq for a consultation.  We are ready to defend you and protect your rights!

 

Failure To Pay Child Support Obligation — La R.S. 14:75

This law is also known as the “Deadbeat Parents Punishment Act of Louisiana”

It is unlawful for an obligor to intentionally fail to pay a support obligation for any child who resides in the state of Louisiana, if such obligation has remained unpaid for a period longer than 6 months or is greater than $2,000.00.

 

Penalties

 

First Offense: Fine of not more than $500.00 or imprisonment for not more than 6 months, or both.

 

Second or Subsequent Offense: Fine of not more than $2,500.00 or imprisonment with or without hard labor for not more than 2 years, or both.

 

 

*The court shall order restitution in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.

*When restitution is made prior to the time of sentencing, except for a second or subsequent offense, the court may suspend all or any portion of the imposition or execution of the sentence otherwise required in this Subsection.

*When the amount of the past due is more than $15,000.00 and the obligation has been outstanding for at least 1 year shall be a fine of not more than $25,000.00, or imprisonment with or without hard labor for not more than 2 years, or both.

 

Affirmative Defense For Failure to Pay Child Support

 

It shall be an affirmative defense that the obligor was financially unable to pay the support obligation during and after the period that he failed to pay as ordered by the court.

Anti-Skimming Act — Louisiana

New Orleans Criminal Defense

 

Elizabeth B. Carpenter, Esq. — White Collar Crime New Orleans

 

Anti-Skimming Act — La R.S. 14:67.4

It shall be unlawful for any person to do either of the following:

Use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.

Use a re-encoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being re-encoded and with the intent to defraud the authorized user, the issuer of the authorized user’s payment card, or a merchant.

 

Penalties

Whoever violates the above shall be imprisoned, with or without hard labor, for not more than 5 years, or fined not more than $5,000, or both.

Whoever, directly or indirectly, by agent or otherwise, uses a scanning device and a re-encoder with the intent to defraud shall be imprisoned, with or without hard labor, for not more than 10 years, or fined not more than $10,000, or both.

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.

In addition, a person convicted under this Section 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.

 

Facing an indictment for a white collar crime is one of the most difficult experiences one could possibly endure. In addition to whatever consequences a conviction might bring, including prison time and permanent felony conviction on your record, a white collar crime charge can do lasting damage to your reputation and tear apart your family, even if you are not convicted. Elizabeth B. Carpenter, Law understands the stress that you are experiencing. Our job is to minimize any potential damage to your future and protect your rights.

Money Laundering — Louisiana Law

 

Money Laundering — La.R.S. 14:230

 

It is unlawful for any person knowingly to do any of the following:

 

(1)  Conduct, supervise, or facilitate a financial transaction involving proceeds known to be derived from criminal activity, when the transaction is designed in whole or in part to conceal or disguise the nature, location, source, ownership, or the control of proceeds known to be derived from such violation or to avoid a transaction reporting requirement under state or federal law.

(2)  Give, sell, transfer, trade, invest, conceal, transport, maintain an interest in, or otherwise make available anything of value known to be for the purpose of committing or furthering the commission of any criminal activity.

(3)  Direct, plan, organize, initiate, finance, manage, supervise, or facilitate the transportation or transfer of proceeds known to be derived from any violation of criminal activity.

(4)  Receive or acquire proceeds derived from any violation of criminal activity, or knowingly or intentionally engage in any transaction that the person knows involves proceeds from any such violations.

(5)  Acquire or maintain an interest in, receive, conceal, possess, transfer, or transport the proceeds of criminal activity.

(6)  Invest, expend, or receive, or offer to invest, expend, or receive, the proceeds of criminal activity.

 

PENALTIES

 

If the value of the funds is less than three thousand dollars, may be imprisoned for not more than 6 months or fined not more than one $1,000, or both.

 

If the value of the funds is $3,000 to $20,000, may be imprisoned with or without hard labor for 2 to 10 years and may be fined not more than $10,000.

 

If the value of the funds is $20,000 to $100,00, shall be imprisoned at hard labor for 2 to 25 years and may be fined not more than $20,000.

 

If the value of the funds is $100,00 or more, shall be imprisoned at hard labor for not less than 5 to 99 years and may be fined not more than $50,000.

 

After a conviction, the defendant may be ordered to release the laundered funds.