Posts Tagged ‘Fraud’
Home Improvement Fraud — Louisiana
May 7, 2012
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.
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Arson with Intent to Defraud — Louisiana
March 21, 2012
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter Law — Attorney New Orleans
Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.
LOUISIANA PROPERTY CRIMES, VIOLENCE TO BUILDINGS AND OTHER PROPERTY, ARSON AND USE OF EXPLOSIVES
Arson with Intent to Defraud — La RS 14:53
Arson with intent to defraud is the setting fire to, or damaging by any explosive substance, any property, with intent to defraud.
Whoever commits the crime of arson with intent to defraud shall be fined not more than ten thousand dollars, imprisoned with or without hard labor for not more than five years, or both.
Contact Attorney Elizabeth B Carpenter to schedule a consultation!
Fraudulent Acquisition of a Rental Car or Other Motor Vehicle — Louisiana
January 5, 2012
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 Crime, contact 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
January 5, 2012
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.
Computer Fraud Law — Louisiana
November 27, 2011
New Orleans White Collar Criminal Defense
Elizabeth B. Carpenter, Esq. — New Orleans Computer / Cyber Crime Attorney
If you or a loved one is being investigated for a computer related crime in the New Orleans area, contact Law Office of Elizabeth B. Carpenter, Esq. We have the experience and dedication that your case needs.
Computer Fraud — La R.S. 14:73.5
Computer fraud is the accessing or causing to be accessed of any computer, computer system, computer network, or any part thereof with the intent to:
(1) Defraud; or
(2) Obtain money, property, or services by means of false or fraudulent conduct, practices, or representations, or through the fraudulent alteration, deletion, or insertion of programs or data.
Whoever commits computer fraud shall be fined not more than $10,000.00, or imprisoned with or without hard labor for not more than 5 years, or both.
Elizabeth B. Carpenter, Esq. — New Orleans Computer Crime Attorney Serving Orleans, Jefferson, St. Bernard, St. Charles, St. John, St. Tammany, Plaquemines Parishes!
