Posts Tagged ‘white collar crime’
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.
Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — Louisiana
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Premiere Criminal Defense Attorney
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.
Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — 14:112.2
Fraudulent portrayal of a law enforcement officer or firefighter is the impersonation of any law enforcement officer or firefighter for the purpose of obtaining access to a public building, facility, or service. The fraudulent portrayal includes but is not limited to any of the following:
(1) Portraying or impersonating a law enforcement officer or firefighter by any means.
(2) Possessing, without authority, any uniform or badge by which a law enforcement officer or firefighter is identified.
(3) Performing any act purporting to be official while portraying a law enforcement officer or firefighter.
(4) Making, altering, possessing, or using a false document or document containing false statements which purports to be a training program certificate or in-service training certificate or other documentation issued by the Council on Peace Officer Standards and Training, pursuant to R.S. 40:2405, which certifies the peace officer has successfully completed the requirements necessary to exercise his authority as a peace officer.
(5) Making, altering, possessing, or using any false documents or credentials which purport to identify the person as a law enforcement officer or firefighter.
For the purposes of this Section, “law enforcement officer or firefighter” shall include police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, firemen, and probation and parole officers.
”Access to a public building, facility, or service” includes but is not limited to the following:
(1) Free and unhampered passage on and over toll bridges and ferries in this state.
(2) Free passage on and over the Crescent City Connection Bridge at New Orleans.
(3) Free passage on any tollway as defined in R.S. 48:2021(17).
(4) Free parking at any parking facility owned by the state or any of its political subdivisions.
(5) Free admission or reduced price admission to any entertainment, cultural, or sporting event.
Whoever commits the crime of fraudulent portrayal of a law enforcement officer or firefighter shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not more than 2 years, or both.
False Impersonation Law — Louisiana
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Premiere Criminal Defense Attorney
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.
False Impersonation — 14:1112
False personation is the performance of any of the following acts with the intent to injure or defraud, or to obtain or secure any special privilege or advantage:
(1) Impersonating any public officer, or private individual having special authority by law to perform an act affecting the rights or interests of another, or the assuming, without authority, of any uniform or badge by which such officer or person is lawfully distinguished; or
(2) Performing any act purporting to be official in such assumed character.
Whoever commits the crime of false personation shall be fined not more than $100.00 dollars, or imprisoned for not more than 90 days, or both.
Obstruction of Court Orders — Louisiana
New Orleans White Collar Crimes Defense Attorney
Elizabeth B Carpenter Law — Attorney New Orleans
White Collar Crime 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.
Obstruction of Court Orders — 14:133.1
Whoever, by threats or force, or wilfully prevents, obstructs, impedes, or interferes with, or wilfully attempts to prevent, obstruct, impede, or interfere with, the due exercise of rights or the performance of duties under any order, judgment, or decree of a court of the state of Louisiana, shall be fined not more than $1,000 or imprisoned not more than 1 year, or both.
No injunctive or other civil relief against the conduct made criminal by this Section shall be denied on the ground that such conduct is a violation of criminal law, and, when granted, the order, judgment or decree granting such relief as to conduct which does constitute a violation of criminal law shall be construed as a mandate to all law enforcement officers to take such affirmative action as may be necessary to apprehend, arrest and charge any person or persons who engage in such conduct
Filing or Maintaining False Public Records — Louisiana
New Orleans White Collar Crime Defense Attorney
Elizabeth B Carpenter Law — Attorney New Orleans
White Collar Crime 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.
Filing or Maintaining False Public Records — La RS 14:133
Filing false public records is the filing or depositing for record in any public office or with any public official, or the maintaining as required by law, regulation, or rule, with knowledge of its falsity, of any of the following:
(1) Any forged document.
(2) Any wrongfully altered document.
(3) Any document containing a false statement or false representation of a material fact.
The good faith inclusion of any item of cost on a Medical Assistance Program cost report which is later determined by audit to be nonreimbursable under state and federal regulations shall be an affirmative defense to a violation of this Section.
Whoever commits the crime of filing false public records shall be imprisoned for not more than 5 years with or without hard labor or shall be fined not more than $5,000.00 dollars, or both.
In addition to the penalty provided for in Paragraph (1) of this Subsection, 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.
Injuring Public Records — Louisiana
New Orleans White Collar Crime Defense Attorney
Elizabeth B Carpenter Law — Attorney New Orleans
White Collar Crime 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.
Injuring Public Records — La RS 14:132
First degree injuring public records is the intentional removal, mutilation, destruction, alteration, falsification, or concealment of any record, document, or other thing, filed or deposited, by authority of law, in any public office or with any public officer.
Second degree injuring public records is the intentional removal, mutilation, destruction, alteration, falsification, or concealment of any record, document, or other thing, defined as a public record pursuant to R.S. 44:1 et seq. and required to be preserved in any public office or by any person or public officer pursuant to R.S. 44:36.
Penalties
Whoever commits the crime of first degree injuring public records shall be imprisoned for not more than 5 years with or without hard labor or shall be fined not more than $5,000.00 dollars or both.
Whoever commits the crime of second degree injuring public records shall be imprisoned for not more than one year with or without hard labor or shall be fined not more than $1,000.00 dollars or both.
Compounding a Felony — Louisiana
New Orleans White Collar Crime Defense Attorney
Elizabeth B Carpenter Law — Attorney New Orleans
White Collar Crime 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.
Compounding a Felony — La RS 14:131
Compounding a felony is the accepting of anything of apparent present or prospective value which belongs to another, or of any promise thereof, by a person having knowledge of the commission of a felony, upon an agreement, express or implied, to conceal such offense, or not to prosecute the same, or not to reveal or give evidence thereof.
Whoever commits the offense of compounding a felony shall be fined not more than $1,000.00 dollars or imprisoned, with or without hard labor, for not more than 2 years, or both.
New Orleans officer quits after ‘thug’ comment about Trayvon Martin killing
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter Law — Attorney New Orleans
New Orleans officer quits after ‘thug’ comment about Trayvon Martin killing
By Brendan McCarthy, Times Picayune
The white New Orleans police officer who posted insensitive remarks on an online news story about the killing of a black Florida teen resigned Tuesday afternoon, one day after he was indefinitely suspended from the force without pay. Officer Jason Giroir, who is under investigation for his role in the recent shooting of a young black man in Mid-City, resigned in light of the scrutiny over comments he posted Sunday on a wwltv.com story about an unrelated fatal shooting in Florida last month.
Jason GiroirGiroir, 35, of Covington, wrote “Act like a Thug Die like one!” on an article about citizens rallying to protest the killing of Trayvon Martin, an unarmed 17-year-old who was killed while wearing a hooded sweatshirt and walking through a gated community.
Martin’s encounter with a gun-wielding neighborhood watch volunteer has sparked a national debate about racial profiling and the morality of “stand your ground” laws, which allow people being attacked to defend themselves with force if necessary.
Giroir, who joined the NOPD in 1999, resigned Tuesday after learning that NOPD investigators had sustained misconduct charges against him and that a disciplinary hearing was being scheduled, according to the NOPD. The department determined he violated internal regulations regarding professionalism, professional conduct, and performance of duty.
“My responsibility to the people of New Orleans, as well as to the professional officers on this police force, demanded I take swift action in this matter,” Police Superintendent Ronal Serpas said.
After a commenter named Eddie Johnson criticized Giroir’s initial comments on wwltv.com as racist, Giroir responded: “Eddie come on down to our town with a “Hoodie” and you can join Martin in HELL and talk about your racist stories!:-P”
Giroir’s wife also posted a similar comment under the story: “He acted like a thug and died like one.”
‘Unintended turmoil’
Giroir’s attorney, Eric Hessler, said his client apologized to the NOPD in his resignation letter. “He chose to resign as a personal decision because of the unintended turmoil his comments caused. Of course he regrets making those comments.”
Chris Granger, The Times-PicayuneDanatus King, left, of the New Orleans branch of the NAACP, talks about the NOPD on Tuesday.Hessler said he didn’t believe that the violations against Giroir warranted termination and pointed out that other officers had violated the same rules and faced light discipline.
The resignation came hours after Danatus King, head of the local branch of the NAACP, and others held a news conference to denounce the comments and demand Giroir’s termination. King said the city is on the verge of civil unrest and that Giroir’s statement about “another black youth killed under questionable circumstances” only inflames the “incendiary atmosphere.”
“This has touched a nerve in our community,” King said.
King went through a long list of cases involving the NOPD’s mistreatment of young black men, ranging from police killings and cover-ups in the Danziger Bridge, Henry Glover and Raymond Robair cases in recent years, to the Adolph Archie and Algiers 7 cases of decades earlier. King and other community and civil rights activists have long painted the NOPD as a racist organization.
He also noted that thousands of tourists will be visiting the city this weekend for the NCAA Final Four basketball tournament. “How many of them are black?” King asked rhetorically. “How many are wearing apparel where they would look like a thug?”
Mid-City patrols scrutinized
Last summer, a flap erupted after a high-ranking NOPD commander reportedly told dozens of officers during a roll call meeting to target young black men in and around the French Quarter on the weekend of Essence Festival. Some officers who heard the instruction viewed it as racial profiling. City and police leaders decried the remarks and the supervisor, Commander Eddie Selby, retired shortly after the NOPD initiated an investigation.
Local leaders with the NAACP respond to online comments made by a NOPD officer in regard to the killing of Trayvon Martin in Florida.
Around that time, King and associates called for a federal probe into the Mid-City Security District, a neighborhood police patrol that utilizes off-duty NOPD officers. An email from a patrol supervisor surfaced in which he threatened to take officers off the overtime patrol if the numbers of traffic stops didn’t increase.
The NAACP and others said the order encouraged racial profiling and illegal stops.
It was during one of those patrols — an overtime shift — that Giroir stopped the Sipp brothers earlier this month. A shootout ensued shortly later. Police allege Justin Sipp opened fire on three police officers, prompting them to shoot back.
Two officers, Anthony Mayfield Jr. and Michael Asevedo, were severely wounded. Giroir, who was uninjured, fired his gun once. Mayfield fired several times. Police said Sipp fired 14 bullets at police. Police officials have not suggested that the shooting was unjustified, though an investigation is ongoing.
Giroir was assigned to desk duty in the wake of the shooting, but he returned to active duty in mid-March after passing a psychological evaluation and answering investigators’ questions, police spokeswoman Remi Braden said. Despite Giroir’s resignation, the investigation continues, and the NOPD will turn over the results to the district attorney’s office, Braden said.
Threatening A Public Official — Louisiana
New Orleans White Collar Criminal Defense Attorney
Elizabeth B Carpenter Law – Serving Orleans, Jefferson, St. Tammany, St. Charles, St. James, St. John, Assumption, Plaquemines, Terrebonne and Tangipahoa Parishes!
Threatening A Public Official — LA RS 122.2
Threatening a public official is engaging in any verbal or written communication which threatens serious bodily injury or death to a public official.
Except as provided below, whoever commits the crime of threatening a public official shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
Whoever commits the crime of threatening a public official with the intent to influence his conduct in relation to his position, employment, or official duty, or in retaliation as reprisal for his previous action in relation to his position, employment, or official duty, shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
For the purpose of this Section, “public official” is defined as any executive, ministerial, administrative, judicial, or legislative officer of the state of Louisiana.
Contact Elizabeth B Carpenter Law to schedule a consultation!
Public Intimidation and Retaliation — Louisiana
New Orleans White Collar Criminal Defense Attorney
Elizabeth B Carpenter Law – Serving Orleans, Jefferson, St. Tammany, St. Charles, St. James, St. John, Assumption, Plaquemines, Terrebonne and Tangipahoa Parishes!
Public Intimidation and Retaliation — La RS 14:122
Public intimidation is the use of violence, force, or threats upon any of the following persons, with the intent to influence his conduct in relation to his position, employment, or duty:
(1) Public officer or public employee.
(2) Grand or petit juror.
(3) Witness, or person about to be called as a witness upon a trial or other proceeding before any court, board or officer authorized to hear evidence or to take testimony.
(4) Voter or election official at any general, primary, or special election.
(5) School bus operator.
Retaliation against an elected official is the use of violence, force, or threats upon a person who is elected to public office, where:
(1) The violence, force, or threat is related to the duties of the elected official.
(2) Is in retaliation or retribution for actions taken by the elected official as part of his official duties.
Whoever commits the crime of public intimidation or retaliation against an elected official shall be fined not more than $1,000 or imprisoned, with or without hard labor, for not more than 5 years, or both.
Contact Elizabeth B Carpenter Law to schedule a consultation!