Posts Tagged ‘economic crimes’

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.

 

 

Fraudulent Acquisition of a Rental Car or Other Motor Vehicle — Louisiana

New Orleans White Collar Crime Defense Attorney

 

Elizabeth B. Carpenter, Esq. – Louisiana Criminal Defense

 

Elizabeth B. Carpenter Law Firm has defended many individuals accused of Fraud involving a rental car.  If you are being charged with any White Collar or Economic Crimecontact our office for a consultation.  Our job is to protect your rights!

 

 Fraudulent Acquisition of a Rental Motor Vehicle — La R.S. 14:67.14

Fraudulent acquisition of a rental motor vehicle is the lease or rental of a motor vehicle from a commercial lessor by the intentional giving or communicating payment information to the commercial lessor relating to how the lessee will pay the rental fee, or part thereof, when the lessee knows or reasonably should know that the payment information is or was false, fraudulent, insufficient, or incorrect.  For purposes of this Section, incorrect payment information includes but is not limited to the presentation or tender of a credit card or check, when the credit card spending authorization or funds in the checking account are insufficient to cover the payment of the rental vehicle.

 

Penalties

Whoever violates the provisions of this Section may be imprisoned for up to 6 months, or fined $1,000.00, or both.

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.

Loansharking — Louisiana Laws

 

Loansharking Laws: New Orleans Loansharking Defense Attorney

 

Loansharking — La R.S.  14:511

A person is guilty of loansharking when he knowingly solicits, or receives any money or anything of value, including services, as interest or compensation for a loan, or as forbearance of any right to money or other property, at a rate exceeding forty-five percentum per annum or the equivalent rate for a longer or shorter period.

Whoever commits the crime of loansharking is guilty of a felony and shall be punished by a fine of not more than ten thousand dollars or imprisoned for not less than one year nor more than five years with or without hard labor, or both.  

 

Aggravated loansharking — La R.S. 14:512

A person is guilty of aggravated loansharking when, in the commission of loansharking or any attempt thereof, he engages in acts which do injury to the person or property of another, or which places that other person in fear that such injury will be done.

Whoever commits the crime of aggravated loansharking is guilty of a felony and shall be punished by a fine of not more than twenty thousand dollars or imprisoned for not less than five nor more than thirty years with or without hard labor, or both.  

 

Possession of loanshark records — La R.S. 14:513

A person is guilty of possession of loanshark records when, with knowledge of the contents thereof, he possesses any writing, paper, instrument or article used to record loansharking transactions.

 Whoever commits the crime of possession of loanshark records shall be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than one year, or both.