White Collar Crime

U.S. Sentencing Commission Weighs Lesser Penalties White Collar Crimes

 

New Orleans White Collar Crime Defense Attorney

United Sentencing Commission considers softer sentences for federal white collar crimes

 

In the coming year the Feds will consider changes to sentencing guidelines for some white-collar crimes.

The U.S. Sentencing Commission, which earlier this year reduced guideline ranges for nonviolent drug crimes, unanimously approved its latest set of items on the books. The top priority will be working with Congress on reducing mandatory minimum penalties for many white-collar crimes. Another goal will be measuring the fairness of sentences for fraud and other economic crimes.

The legal panel had been reviewing data for several years, but plans to hear more from judges, victims and others.

Defense lawyers who have sought the changes, say an opportunity to act opened once the sentencing commission cut sentencing guidelines for drug crimes. This cleared a major priority from its big agenda.

Given the public outrage at those executives and huge companies who stole their clients’ life savings and lingering anger over the damage inflicted by the 2008 financial crisis, it seems a strange time to re-vamp the present guidelines. The discussion about adjusting sentences for economic crimes comes as some federal judges have chosen to ignore the existing guidelines in some cases. The Justice Department welcomes a fresh set of eyes as it looks for ways to cut costs in an overpopulated federal prison system. Sentencing guidelines are advisory rather than mandatory, but judges still rely on them many times to add a degree of consistency to their penalties.

White collar sentences are similar to federal drug sentences, but instead of relying on drug quantity to determine a sentence, white collar guidelines use monetary loss. In both cases, considerations bearing on culpability, such as harm, motive, and mitigating circumstances hold almost no sway. With Congress poised to reform drug sentencing, the next logical step is tackling the guidelines for economic crimes. It’s increasingly likely that the U.S. Sentencing Commission will do exactly that during its next session. In anticipation of this opportunity, Families Against Mandatory Minimums (FAMM) announces the launch of the “Fit the Crime” project. This project will raise awareness about the shortcomings of the current fraud guidelines and possible reforms for 2015.

No one is seeking leniency for the likes of imprisoned financier Bernie Madoff, who’s serving a 150-year sentence for bilking thousands of people of nearly $20 billion, or fallen corporate titans whose greed drove their companies into the ground. But defense lawyers are calling for a sentencing structure that takes into account the broad continuum of economic crime and that better differentiates between, for example, a thief who steals a dollar each from a million people versus $1 million from one person.

 

It’s time to make the time fit the crime!

 

If you or a loved one is facing allegations of a white collar crime or other federal criminal offense, contact attorney Elizabeth B. Carpenter for a consultation.  We are ready to give you a strong defense.

 

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!

 

 

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.

 

Proving Issuance Of Worthless Checks — Louisiana Law

 

How the DA Proves Issuance of Worthless Checks?

 

Dishonored Checks is Prima Facie Evidence of Insufficient Funds in Bank — La. R.S.  15:428

 

Whenever any check or draft shall have been drawn on any bank, whether such bank be in or out of this state, and payment shall have been refused, such check or draft with its endorsements shall be prima facie evidence, that at the time of the presentation of said check or draft, the drawer did not have the money in said bank with which to pay said check or draft.

 

Issuing Worthless Checks  La.R.S. 14:71

 

If you have been arrested for a White Collar Crime, contact our New Orleans office today.  

We are ready to start building your defense.

 

Issuing Worthless Checks — Louisiana Law

 

 

WHAT IS WORTHLESS CHECK LAW IN NEW ORLEANS?

 

BY: ELIZABETH B. CARPENTER

 

Issuing Worthless Checks Law Louisiana 

Issuing Worthless Checks — La. R.S.  14.71

 

Issuing worthless checks is the issuing, in exchange for anything of value, whether the exchange is contemporaneous or not, with intent to defraud, of any check, draft, or order for the payment of money upon any bank or other depository, knowing at the time of the issuing that the offender has not sufficient credit with the bank, or other depository for the payment of such check, draft, or order in full upon its presentation.  This also includes the offender knowing at the time of the issuing that the account designated on the check, draft, or order has been closed, or is nonexistent or fictitious, or is one in which the offender has no interest or on which he has no authority to issue such check, draft, or order.

 

This applies to a check, draft, or order tendered for satisfaction, in whole or in part, of payments due on installment contracts, open accounts, or any other obligation for which the creditor has authorized periodic payments or the extension of time in which to pay.

 

The offender’s failure to pay a check, draft, or order, issued for value, within 10 days after notice of its nonpayment upon presentation has been deposited by certified mail in the United States mail system addressed to the issuer thereof either at the address shown on the instrument or the last known address for such person shown on the records of the bank upon which such instrument is drawn or within 10 days after delivery or personal tender of the written notice to said issuer by the payee or his agent, shall be presumptive evidence of his intent to defraud.

 

Penalties

 

Whoever commits the crime of issuing worthless checks, when the amount of the check or checks is $1500 or more, shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $3,000.00, or both.

When the amount of the check or checks is $500 or more, but less than $1500, 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, or both.

When the amount of the check or checks is less than $500 dollars, the offender shall be imprisoned for not more than 6 months or may be fined not more than$500.00, or both.

If the offender in such cases has been convicted of issuing worthless checks 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 be fined not more than $1,000 dollars, or both.

When the offender has issued more than one worthless check within a 180 day period, the amount of several or all worthless checks issued during that period will be aggregated.

 

 

If you or a loved one has been arrested for Issuing Worthless Checks in the New Orleans area, it is imperative that you contact a White Collar Crime Attorney New Orleans.

 

 

Forgery — Louisiana Law

White Collar Crime Defense New Orleans

 

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

 

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

 

FORGERY La.R.S. 14:72

 

It shall be unlawful to forge, with intent to defraud, any signature to, or any part of, any writing purporting to have legal efficacy.

Issuing, transferring, or possessing with intent to defraud, a forged writing, known by the offender to be a forged writing, shall also constitute a violation of the provisions of this Section.

 

C.  For purposes of this Section:

(1)  “Forge” means the following:

(a)  To alter, make, complete, execute, or authenticate any writing so that it purports:

(i)  To be the act of another who did not authorize that act;

(ii)  To have been executed at a time or place or in a numbered sequence other than was in fact the case; or

(iii)  To be a copy of an original when no such original existed.

(b)  To issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged in accordance with the meaning of Subparagraph (1)(a).

(c)  To possess a writing that is forged within the meaning of Subparagraph (1)(a).

(2)  “Writing” means the following:

(a)  Printing or any other method of recording information;

(b)  Money, coins, tokens, stamps, seals, credit cards, badges, and trademarks; and

(c)  Symbols of value, right, privilege, or identification.

 

Whoever commits the crime of forgery shall be fined not more than $5,000, or imprisoned, with or without hard labor, for not more than 10 years, or both.

If you or a loved one has been arrested or indicted for Forgery in the New Orleans area, contact our firm for a consultation with a New Orleans White Collar Attorney.

 

 

Mortgage Fraud — Louisiana Law

White Collar Crime Defense New Orleans

 

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

 

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

 

MORTGAGE FRAUD La.R.S.  14:71.3

 

It is unlawful for a person, in connection with residential mortgage lending activity, to knowingly do any of the following:

(1)  Employ a device, scheme, or artifice with intent to defraud.

(2)  Make an untrue statement of material fact with intent to defraud.

(3)  Receive any portion of the purchase, sale, or loan proceeds, or any other consideration paid or generated in connection with the closing of a residential mortgage loan when the recipient knows that the proceeds or other funds were paid as a result of a violation of this Section.

 

PENALTIES

 

A person who violates the provisions of this Section shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $100,000, or both.

In addition to the penalties provided in Paragraph (1) of this Subsection, a person convicted under the provisions of 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.  If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person’s financial ability.

 

For purposes of this Section:

(1)  “Residential mortgage lending activity” means an activity, including electronic activity, engaged in for compensation or with the expectation of compensation in connection with a residential mortgage loan, including but not limited to the solicitation, application, origination, or funding of a residential mortgage loan; the negotiation and placement, or offering to negotiate, place or find a residential mortgage loan for another person; third-party provider services, including but not limited to appraisals, abstracts, escrow services, or title insurance; underwriting, signing, closing and funding the loan.

(2)  “Residential mortgage loan” means a loan for personal, family or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling (as defined in Section 103(v) of the federal Truth in Lending Act) or residential immovable property upon which is constructed or intended to be constructed a dwelling.

(3)  “Person” means a natural or juridical person, including but not limited to a sole proprietorship, corporation, company, limited liability company, partnership, limited liability partnership, trust, incorporated or unincorporated association, or any other individual or entity.

 

 If you or a loved one has been arrested or indicted for Mortgage Fraud, Contact our firm for a consultation with a New Orleans White Collar Crime Attorney.

Bank Fraud — Louisiana Law

NEW ORLEANS WHITE COLLAR CRIMINAL DEFENSE BANK FRAUD ATTORNEY

 

ATTORNEY ELIZABETH BAGERT CARPENTER – Representing Clients in Baton Rouge, Orleans, Jefferson,

St. John, St. Chalres, St. Tammany Parishes

 

Bank Fraud —  La.R.S. 14:71.1

 

A.  Whoever knowingly executes, or attempts to execute, a scheme or artifice to do any of the following shall be imprisoned, with or without hard labor, for not more than 10 years, or may be fined not more than $100,000, or both:

(1)  To defraud a financial institution.

(2)  To obtain any of the monies, 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, practices, transactions, representations, or promises.

B.  In addition to the penalties provided in Subsection A of this Section, a person convicted under the provisions of 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.  If a person ordered to make restitution pursuant to this Section is found to be indigent and therefore unable to make restitution in full at the time of conviction, the court shall order a periodic payment plan consistent with the person’s financial ability.

 

If you or a loved one has been arrested or indicted for Bank Fraud, contact a New Orleans White Collar Crime Defense Attorney today.  We are ready to start building your defense today.

 

Illegal Transmission of Monetary Funds — Louisiana Law

 

 

ILLEGAL TRANSMISSION OF MONETARY FUNDS —  La.R.S. 14:70.8

 

Whoever with intent to defraud either transmits, attempts to transmit, causes to be transmitted, solicits a transmission, or receives a transmission, by wire or radio signal, any stolen or fraudulently obtained monetary funds shall be imprisoned, with or without hard labor, for not more than 10 years, or fined not more than $100,000 , or both.

In addition to the penalties provided for in Subsection A of this Section, a person convicted under the provisions of this Section shall be ordered to make full restitution to the victim and to any other person who has suffered a financial loss as a result of the offense.  If a person ordered to make restitution according to this Subsection is found to be indigent and therefore unable to make restitution in full at the time of conviction, then the court shall order a periodic payment plan consistent with the person’s financial ability.

 

(1)  “Radio signal” means any text, email, or any other wireless transmission from cellular phones, portable wireless electronic tablets or computers, or any other wireless device used to transmit or receive monetary transactions.

(2)  “Wire” means any wired electronic device that provides access to the Internet or to any other access point and allows monetary transactions to be transmitted or received by email, financial institution-to-financial institution transfer, or money transfer facility.

 

If you or a loved one has been arrested or indicted for Illegal Transmission of Monetary Funds, contact a New Orleans White Collar Crime Defense Attorney today.  We are ready to start building your defense today.

 

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.

Recent Comments