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.

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.

Home Improvement Fraud — Louisiana

New Orleans Contractor Fraud Criminal Attorney

 

Elizabeth B. Carpenter, Esq. — New Orleans White Collar Crime

Update: During the 2014, this statute was repealed and replaced by the crime of Residential Contractor Fraud!

 

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.

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!

Intimidating, impeding, or injuring witnesses / officers — Louisiana

New Orleans Criminal Defense Attorney

 

Elizabeth B Carpenter Law — Serving Orleans, Jefferson, St. Tammany, St. Charles, St. James, St. John, Assumption, Plaquemines, Terrebonne and Tangipahoa Parishes!

 

Intimidating, impeding, or injuring witnesses / officers — La RS 14:129.1

No person shall intentionally:

(1)  Intimidate or impede, by threat of force or force, or attempt to intimidate or impede, by threat of force or force, a witness or a member of his immediate family with intent to influence his testimony, his reporting of criminal conduct, or his appearance at a judicial proceeding;

(2)  Injure or attempt to injure a witness in his person or property, or a member of his immediate family, with intent to influence his testimony, his reporting of criminal conduct, or his appearance at a judicial proceeding; or

(3)  Injure or attempt to injure an officer of a court of this state in his person or property, or a member of his immediate family, because of the performance of his duties as an officer of a court of this state or with intent to influence the performance of his duties as an officer of a court of this state.

 

Whoever violates the provisions of this Section in a civil proceeding shall be fined not more than $5,000.00 dollars, imprisoned, with or without hard labor, for not more than 5 years, or both.

Whoever violates the provisions of this Section in a criminal proceeding in which a sentence of death or life imprisonment may be imposed, the offender shall be fined not more than $100,000 dollars, imprisoned for not more than 40 years at hard labor, or both.

Whoever violates the provisions of this Section in a criminal proceeding in which a sentence of imprisonment necessarily served at hard labor for any period less than a life sentence may be imposed, the offender shall be fined not more than $50,000.00 dollars, or imprisoned for not more than 20 years at hard labor, or both.

Whoever violates the provisions of this Section in a criminal proceeding in which any other sentence may be imposed, the offender shall be fined not more than $10,000 dollars, imprisoned for not more than 5 years, with or without hard labor, or both.

 

If you are being investigated or charged with a crime by law enforcement, contact Elizabeth B Carpenter, Esq. to schedule a consultation.

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