Criminal Statutes

Fraud By Wire, Radio, Television — Federal Law

Federal Criminal Defense Attorney Louisiana

 

 

 Fraud By Wire, Radio, or Television — 18 USC § 1343

 

Devising or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice.

 

The elements of of this offense are directly parallel those of the Mail Fraud Statute, but require the use of an interstate telephone call or electronic communication made in furtherance of the scheme.

 

Penalty

A fine or imprisonment of not more than 20 years, or both.

If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency, or affects a financial institution.

Fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

 

If you have been indicted for a federal crime, contact our law firm for a consultation. We are ready to start building your defense today!

 

 

Bank Fraud — Federal Law

 

New Orleans Federal Defense Attorney

 

This past week, a former LSU football player pled guilty to Bank Fraud in the US Court for the Eastern District of Louisiana.  Lucky for him, Robert Packnett avoided jail time and was sentenced to 5 years federal probation.  He was also ordered to pay approximately $233,000 in restitution.  His indictment to Bank Fraud arose from the practice of Mortgage Fraud.  According to the indictment, between 2011 and 2012 he submitted doctored documents to First NBC Bank overstating his income. He also applied for at least six mortgages, refinanced mortgages and commercial lines of credit. In order to qualify for these mortgages, Packnett had to submit proof of income; he submitted documentation overstating the monthly rental payments he received from tenants, as well as claiming income from properties that were in fact vacant.

 

Bank Fraud — 18 USC § 1344

What is Federal Bank Fraud?

 

Whoever knowingly executes, or attempts to execute, a scheme or artifice-

 

(1) to defraud a financial institution; or

(2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises.

The criminal law elements of a violation of 18 U.S.C. § 1344 (1) bank fraud which must be contained in an indictment and must be proved by the government beyond a reasonable doubt are as follows:

 

  • The defendant knowingly executed or attempted to execute a scheme or artifice to defraud.
  • The defendant did defraud or attempt to defraud the financial institution.
  • The defendant used a material misrepresentation or concealment of a material fact as part of the scheme or attempted scheme.
  • The financial institution was insured or chartered by the federal government.

The criminal law elements of a violation of 18 U.S.C. § 1344 (2) bank fraud which must be contained in an indictment and must be proved by the government beyond a reasonable doubt are as follows:

  • The defendant knowingly executed or attempted to execute a scheme or artifice to obtain the money (or other property) owned by, or under the custody or control of, a financial institution.
  • The defendant used materially false or fraudulent pretenses, representations, or promises in the execution or attempted execution of the scheme.
  • The financial institution was insured or chartered by the federal government.

 

What is the penalty for federal bank fraud?

 

Fine of not more than $1,000,000 or imprisoned not more than 30 years, or both.

 

 

There are a number of other federal statutes prohibiting fraud against banks or other similar financial institutions, including, but not necessarily limited to, the following:

  • 18 U.S.C. § 1004. Certification of checks.
  • 18 U.S.C. § 1005. Bank entries, reports and transactions.
  • 18 U.S.C. § 1006. Federal credit institution entries, reports and transactions.
  • 18 U.S.C. § 1007. Federal Deposit Insurance Corporation transactions.
  • 18 U.S.C. § 1013. Farm loan bonds and credit bank debentures.
  • 18 U.S.C. § 1014. Loan and credit applications generally; renewals and discounts; crop insurance.
  • 18 U.S.C. § 1029. Fraud and related activity in connection with access devices.
  • 18 U.S.C. § 1032. Concealment of assets from conservator, receiver, or liquidating agent of financial institution.

 

 

If you or a loved one has been indicted for Bank Fraud call White Collar Defense Attorney.

 

 

Abuse and Neglect of Adults — Louisiana Law

 

Abuse and Neglect of Adults — 14:403.2

 

Any person, who by law, is required to report the abuse or neglect of an adult and knowingly and willfully fails to so report shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.

Any person who knowingly and willfully obstructs the procedures for receiving and investigating reports of adult abuse or neglect, or who discloses without authorization confidential information about or contained within such reports shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 dollars or imprisoned for not more than 6 months, or both.

Any person who reports an adult as abused or neglected to an adult protection agency or to any law enforcement agency, knowing that such information is false, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.

Any person who retaliates against an individual who reports adult abuse to an adult protection agency or to a law enforcement agency, shall be guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned for not more than 6 months, or both.

 

 

Domestic Abuse Aggravated Assault — Louisiana Law

 

 

DOMESTIC ABUSE LAW LOUISIANA

 

 

Domestic Abuse Aggravated Assault  —  La. R.S.  14:37.7

 

Domestic abuse aggravated assault is an assault with a dangerous weapon committed by one household member upon another household member.

For purposes of this Section, “household member” means any person of the opposite sex presently living in the same residence, or living in the same residence within 5 years of the occurrence of the domestic abuse aggravated assault, with the defendant as a spouse, whether married or not, or any child presently living in the same residence or living in the same residence within 5 years immediately prior to the occurrence of the domestic abuse aggravated assault, or any child of the offender regardless of where the child resides.

 

Penalty

 

Whoever commits the crime of domestic abuse aggravated assault shall be imprisoned at hard labor for not less than one year nor more than five years and fined not more than five thousand dollars.

 

This Subsection shall be cited as the “Domestic Abuse Aggravated Assault Child Endangerment Law”:

 

When the state proves, in addition to the elements of the crime as set forth above, that a minor child 13 years of age or younger was present at the residence or any other scene at the time of the commission of the offense, the mandatory minimum sentence imposed by the court shall be 2 years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence.

 

 

If you have been arrested for Domestic Abuse Aggravated Assault in the New Orleans area, contact our firm for a consultation.  We are ready to defend you!

 

 

 

Inciting a Felony — Louisiana Law

 

 

What is Inciting a Felony?

 

Inciting a felony is a crime that is defined by La. R.S. 14:28  —   Inciting a felony is the endeavor by one or more persons to incite or procure another person to commit a felony.

 

What are the penalties?

 

Whoever commits the crime of inciting a felony shall be fined not more than 1,000.00 thousand dollars, or imprisoned, with or without hard labor, for not more than 2 years, or both.

If an offender over the age of 17 years commits the crime of inciting a felony by endeavoring to incite or procure a person under the age of 17 years to commit a felony, the offender shall be fined not more than one thousand dollars and imprisoned at hard labor for not more than 5 years.

 

If you or a loved one has been arrested for Inciting a Felony, contact Attorney Elizabeth Bagert Carpenter.  Let her experience and skill help you at this difficult time.

 

Obstructing Public Passage — Louisiana Law

 

 

 

 

Obstructing Public Passages — La. R.S. 14:100.1

 

No person shall wilfully obstruct the free, convenient and normal use of any public sidewalk, street, highway, bridge, alley, road, or other passageway, or the entrance, corridor or passage of any public building, structure, water craft or ferry, by impeding, hindering, stifling, retarding or restraining traffic or passage thereon or therein.

Whoever violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both fined and imprisoned.

This Section shall not be applicable to the erection or construction of any barricades or other forms of obstructions as a safety measure in connection with construction, excavation, maintenance, repair, replacement or other work, in or adjacent to any public sidewalk, street, highway, bridge, alley, road, or other passageway, nor to the placing of barricades or other forms of obstruction by governmental authorities, or any officer or agent thereof, in the proper performance of duties.

 

 

Obstruction Of A Highway Of Commerce — Louisiana Law

 

 

What is criminal Obstruction of a Highway?

 

 

The crime Obstruction of a Highway can be either a felony or misdemeanor in the state of Louisiana.  The difference between the two offenses is that human life might be endangered in the felony offense, while there is not threat to human life in the misdemeanor offense.

 

Felony — Aggravated Obstruction Of A Highway — La. R.S. 14:96

 

Aggravated obstruction of a highway of commerce is the intentional or criminally negligent placing of anything, or performance of any act, on any railway, railroad, navigable waterway, road, highway, thoroughfare, or runway of an airport, wherein it is foreseeable that human life might be endangered.

Whoever commits the crime of aggravated obstruction of a highway of commerce shall be imprisoned, with or without hard labor, for not more than 15 years.

 

Misdemeanor — Simple Obstruction Of A Highway Of Commerce — La. R.S. 14:97

 

Simple obstruction of a highway of commerce is the intentional or criminally negligent placing of anything or performance of any act on any railway, railroad, navigable waterway, road, highway, thoroughfare, or runway of an airport, which will render movement thereon more difficult.

Whoever commits the crime of simple obstruction of a highway of commerce shall be fined not more than $200.00 dollars, or imprisoned for not more than 6 months, or both.

 

If you wish to speak with an attorney, contact Attorney Elizabeth B. Carpenter for a consultation.

 

 

Use Of Forged Academic Records — Louisiana Law

 

Use Of Forged Academic Records — La. R.S.  14:72.1

 

A.  A “forged academic record” shall mean a transcript, diploma, grade report, or similar document which is presented as being a bona fide record of an institution of secondary or higher education, but which is, in fact, false, forged, altered, or counterfeit.

B.  “Use of a forged academic record” shall mean the knowing and intentional offering, presentation, or other use of a forged academic record to a public or private institution of higher education in the state for the purpose of seeking admission to that institution, or one of its colleges or other academic branches, or for the purposes of securing a scholarship or other form of financial assistance from the institution itself or from other public or private sources of financial assistance for educational purposes including, without limitation, loans, grants, fellowships, assistantships, or other forms of financial aid.

C.  Whoever commits the crime of the use of forged academic records may be fined not in excess of five thousand dollars or imprisoned for not in excess of six months, or both.

 

 Our firm has served many Louisiana Citizens who are facing white collar felony and misdemeanor charges in state and federal court.

 

Aggravated Crimes Against Nature — Louisiana Law

 

 

 AGGRAVATED CRIMES AGAINST NATURE — La.R.S. 14:89.1

 

Aggravated crime against nature is crime against nature committed under any one or more of the following circumstances:

(1)  When the victim resists the act to the utmost, but such resistance is overcome by force;

(2)  When the victim is prevented from resisting the act by threats of great and immediate bodily harm accompanied by apparent power of execution;

(3)  When the victim is prevented from resisting the act because the offender is armed with a dangerous weapon; or

(4)  When through idiocy, imbecility, or any unsoundness of mind, either temporary or permanent, the victim is incapable of giving consent and the offender knew or should have known of such incapacity;

(5)  When the victim is incapable of resisting or of understanding the nature of the act, by reason of stupor or abnormal condition of mind produced by a narcotic or anesthetic agent, administered by or with the privity of the offender; or when he has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of such incapacity; or

(6)  When the victim is under the age of seventeen years and the offender is at least three years older than the victim.

 

Penalties

Whoever commits the crime of aggravated crime against nature shall be imprisoned at hard labor for not less than 3 nor more than 15 years, such prison sentence to be without benefit of suspension of sentence, probation or parole.

 

Contact New Orleans Sex Crimes Defense Attorney – Elizabeth B. Carpenter

 

Use of Controlled Dangerous Substances in the Presence of Person Under Age Seventeen — Louisiana

 

New Orleans Drug Crimes Defense Attorney

 

 

Illegal Use of Controlled Dangerous Substances in the Presence of Persons Under Seventeen Years of Age — La.R.S. 14: 91.13

 

It shall be unlawful for any person over the age of seventeen, while in the presence of any person under the age of seventeen and when there is an age difference of greater than two years between the two persons, to use, consume, possess, or distribute any controlled dangerous substance in violation of the Uniform Controlled Dangerous Substances Act.

Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for more than six months, or both.

This offense is a misdemeanor.

 Elizabeth Bagert Carpenter — Drug Crimes Defense New Orleans

 

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