Medicare Fraud and Abuse

  Medicare Fraud and Abuse New Orleans Attorney Medicare fraud is typically characterized by: Knowingly submitting false statements or making misrepresentations of fact in order to obtain a federal health care payment for which no entitlement would otherwise exist; Billing for services not rendered or supplies not furnished, including falsifying records. Knowingly billing for services at a level of complexity higher than the service actually provided. Knowingly soliciting, paying, and/or accepting remuneration to induce or reward referrals for items or services reimbursed by Federal health care programs; or Making prohibited referrals for certain designated health services. One does not have [...]

Residential Contractor Fraud – Louisiana Law

  During the 2014 legislative session, the Louisiana law makers repealed the statute for Home Improvement Fraud and replaced it with Residential Contractor Fraud.   Louisiana Residential Contractor Fraud Statute-- La. R.S. 14:202.1 Residential contractor fraud is the misappropriation or intentional taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations by a person who has contracted to perform any home improvement or residential construction, or who has subcontracted for the performance of any home improvement or residential construction. A [...]

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

  U.S. Sentencing Commission considers softer sentences for 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, [...]

In Depth Look: Federal Wire Fraud Law

   Federal Law for Wire Fraud: Electronic Communications, Radio, or Television -- 18 USC § 1343     The wire and mail fraud statutes are essentially the same, except for the method associated with the offense – the mail in the case of mail fraud and wire communication in the case of wire fraud. As a consequence, the interpretation of one is ordinarily considered to apply to the other. The two terms have been used interchangeably in this article. The federal statute for wire fraud reads as follows: Devising or intending to devise any scheme or artifice to defraud, or for [...]

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 [...]

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 [...]

Issuing Worthless Checks — Louisiana Law

    WHAT IS WORTHLESS CHECK LAW IN NEW ORLEANS?   BY: ELIZABETH B. CARPENTER     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 [...]

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. [...]

Mortgage Fraud Overview

  LOUISIANA 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 [...]

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 [...]