Hymel Davis & Petersen – Attorneys and Counselors at LawLouisiana Criminal Defense Lawyer | Baton Rouge Civil Litigation Attorney | New Orleans, LA2024-01-09T06:20:33Zhttps://www.hymeldavis.com/feed/atom/WordPress/wp-content/uploads/sites/1601104/2020/05/apple-touch-icon-75x75.pngOn Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=460682020-09-25T10:37:02Z2019-06-28T05:00:00ZWhat is wire fraud?
Fraud is a broad term that refers to acts of intentional deception for monetary gain. Wire fraud is a subset of this term, where the perpetrator uses interstate electronic communication to commit fraud.
However, because we live in the digital age, wire fraud can be attached to a broad range of fraud allegations.
For example, Roberts allegedly defrauded a local landscaping company while acting as the CEO. According to the indictment, he wrote checks from the company to himself and his other businesses under false pretenses. Roberts allegedly misled the owner of the company through text message and used interstate wires to transfer the money to bank accounts he held.
Elements of a wire fraud case
In order to convict for wire fraud, the prosecution must be able to prove three key elements. The must be able to show that the defendant:
Engaged in a scheme to defraud another party of money or property,
Did so with the intent to commit fraud and
Used interstate wire communications during the scheme.
Defenses against wire fraud charges
As with all criminal charges, a wire fraud defendant must be proven guilty beyond a reasonable doubt. There are many defenses for wire fraud. Some of the most common defenses include:
Good faith: A defense focused on proving that the defendant had no intention to commit fraud.
Constructive fraud: Similar to a good faith defense, this defense claims that the fraud was the result of reckless business practices and not of intent.
Statute of limitations: Under U.S. law, an individual cannot be criminally prosecuted once a certain amount of time has passed. For wire and mail fraud, the statute of limitations is five years.
As the trial goes on, it will be interesting to see how Roberts and his counsel combat the charges.
Though Roberts was a public servant, he faces charges that any private citizen could face. If you face any federal charges, a criminal defense attorney who has experience with federal cases can make the difference in your case’s outcome.]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=460692020-09-25T10:37:11Z2019-06-06T05:00:00Zscientists are accused of downloading valuable trade secrets from institute computers in order to sell them to another research facility. One of the men is said to have been fired on Jan. 11 when he was caught downloading a computer model. After leaving the institute, both men accepted positions at Tulane University. The university, which is not named in court documents, is said to be cooperating with federal authorities. Both scientists maintain their innocence.
The information the men are accused of attempting to steal is known as the Basin Wide Model. Federal prosecutors say that email exchanges between the scientists make clear that they intended to acquire the data for personal gain. In the messages, the scientists allegedly planned the theft and cautioned one another against using the institute's messaging system to discuss their plans.
Cases such as this one often rely more on documentary and electronic evidence than witness testimony, which can make mounting an effective defense challenging. When efforts to suppress this kind of evidence are unsuccessful, experienced criminal defense attorneys may seek to resolve cases involving white collar crimes at the negotiating table. Prosecutors are often open to negotiated plea agreements even when the evidence at their disposal seems compelling. This is because fraud and conspiracy cases are complex and arguing before a jury always involves a certain degree of risk.]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=462542020-09-25T10:37:15Z2019-05-28T05:00:00Zdetermining negligence. For instance, if a driver rear-ends the vehicle he or she is following and the vehicle's brakes are found to be in poor condition, that could be considered negligent driving. Driving a vehicle with dim or broken headlights at night or in inclement weather may also be considered negligent driving.
A court may seek evidence that the driver was failing to exercise care at the time of the accident. For example, perhaps the driver was swerving in and out of his or her lane, or perhaps he or she was supposed to drive with prescription eyeglasses and neglected to do so. Texting while driving can also be considered negligence. Another more clear-cut example of negligent driving is a failure to pass a breath test. When a driver is under the influence, he or she will almost always be considered at fault for the accident.
In the event of an accident resulting in loss or a personal injury, the affected party may consider scheduling a consultation with a qualified attorney. Determining negligence after motor vehicle accidents may be difficult, but an attorney might have a team of investigators to help find evidence against the liable party.]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=462502020-09-25T10:37:19Z2019-05-27T05:00:00ZWhistleblowers and the qui tam principle
Given the size and complexity of the federal government, it needs help guarding what’s done with its multi-trillion-dollar budget.
That’s a major reason it protects the principle of qui tam.
Qui tam refers to your right to file a lawsuit against someone committing fraud against the government, even when the fraud doesn’t directly affect you at all.
Let’s say you’re a whistleblower filing such a suit. You may be doing your patriotic duty, but you also stand to get a cut of whatever funds are recovered if the alleged fraudster pays damages.
The percentage you receive depends on whether the federal government joins the lawsuit. If it does, a victory would get you 15 to 25 percent of what’s recovered, and if the government sits this one out, you may receive 25 to 30 percent.
Whistleblower protections
The relevant federal and state laws are complex, as are the lawsuits filed under them. This should probably not be attempted without counsel.
But consider the broad principle. Maybe you’re suing your employer for defrauding the federal government. You could make up to 30 percent of what’s recovered if the government declines to join your lawsuit.
And federal whistleblower protections aim to stop your employer from firing, harassing, or demoting you in retaliation.
Clarence Thomas writes for a unanimous court
Before the recent decision, you had a short time in which to file suit if the government didn’t join you. With the government joining your suit, the window was a full 10 years after the alleged violation.
On March 13, Justice Thomas wrote for all nine justices in granting you the same 10 years you would’ve had with the government joining your suit.
Bloomberg quoted one attorney as saying, “The court affirmed that whistleblowers … are fulfilling a function on par with cases the government brings or joins,” he said.
A second attorney emphasized the Justice Department’s recently attempts to get dismissals of suits by whistleblowers without government involvement. He called the decision “a ray of sunshine for the whistleblower who has brought a declined qui tam.”]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=462532020-09-25T10:37:23Z2019-05-23T05:00:00Zembezzlement cases by offering prosecutors a way to avoid the risks of a jury trial. Attorneys may also advise their clients to refrain from releasing public statements that could make obtaining a favorable plea agreement more difficult.
Source: ABC News, "Feds bring new charges against lawyer Michael Avenatti for misappropriating nearly $300,000 from former client Stormy Daniels", Kaitlyn Folmer, May 22, 2019]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=462522020-09-25T10:37:26Z2019-05-15T05:00:00ZAdult supervision has a role to play in this. Researchers believe that there are certain driving skills one can only learn alone and that supervision can be an obstacle in this regard. With that supervision withdrawn when they obtain a license, teens become unsafe.
For the study, researchers had dash cams observing both the driver and the road. Software recorded speed and braking. Based on this data, researchers found that newly licensed teens were more liable to engage in risky behaviors like harsh acceleration, sudden braking and the making of sharp turns.
Another study from the NIH found the leading cause of death among 14-to-19-year-olds to be car crashes. Researchers of this recent study say that to reduce accident risk, driver education programs should gradually withdraw adult supervision. By doing something similar to that, Illinois halved the number of teen driver deaths between 2007 and 2017.
Education is not always the problem, though, since many teens will drive distracted or speed while being fully conscious that it is against the law. When negligence is behind a motor vehicle accident, victims may have a chance to seek compensation for their injuries and the costs stemming from them. This means filing a personal injury claim. Victims may want to schedule a case evaluation with a lawyer before moving forward.]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=462552020-09-25T10:37:31Z2019-05-10T05:00:00Zclerical mistake because the area was not zoned for commercial purposes.
Other swamp tour businesses also operate on Lake Martin. However, they do not have permanent facilities built on the lakeshore and must remove their boats at the end of each day. The judge ruled in favor of the owner, allowing him to continue operating his business on the shore even though it is not zoned for permanent commercial businesses. The council stated that it is deciding whether to appeal the decision.
Commercial litigation may be required to resolve complex legal issues for businesses. While it is possible to negotiate remedies in some cases, other cases will require litigation. Businesses that are embroiled in legal disputes may benefit from retaining experienced commercial law attorneys who have a litigation practice. The lawyers may advocate for the interests of their clients through arbitration hearings or trials in court. Getting help from experienced commercial litigation lawyers might allow businesses to protect their interests and potentially obtain more favorable outcomes.]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=462512020-09-25T10:37:34Z2019-05-01T05:00:00Z13 minutes a day while behind the wheel. About 52% cited group chats, including text and email chains with multiple people, as the one phone-related distraction that they would most frequently engage in on the road. Another 33% said the same for social media, including newsfeeds and even memes, while 18% said it for the streaming of videos.
Ironically, nearly half of respondents said that distractions are their highest concern as drivers, and 99% acknowledged that phones are among the top three driver distractions. They also criticized distracted behavior in others; 89%, for instance, said they would leave a bad rating on ride-hailing drivers who text, and 39% even said they have done so before.
Moreover, the presence of law enforcement does not compel nearly two in five drivers to put down their phones. It remains to be seen how safety groups and law enforcement can address such dangerous behaviors.
Victims of motor vehicle accidents have the right to file a claim and be reimbursed for their losses if they can show that negligence on the other side caused the accident. In a case involving distracted driving, a victim may need to bring up the other's phone records, for example, to ensure a strong case. This is where legal guidance may come in handy. A lawyer might hire investigators to handle this aspect before proceeding to negotiations.]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=462562020-09-25T10:37:38Z2019-04-23T05:00:00Zembezzlement can be severe, but federal prosecutors are often willing to reduce them substantially to avoid the risks of a jury trial.
Source: The New Orleans Advocate, "Louisiana woman gets 3-year sentence in fake kidnapping, ransom plot for $4,500", Kevin McGill, April 18, 2019]]>On Behalf of Hymel Davis & Petersenhttps://www.hymeldavis.com/?p=462582020-09-25T10:37:42Z2019-04-17T05:00:00Zsmartphone use had become an epidemic and was one of the most dangerous things a driver could do.
Companies such as Apple and Google have developed tools that aim to help drivers better focus on the road. According to the research conducted by Zendrive, Houston was the most distracted city in America. Drivers in that city were on their phones 9.44 percent of the time that they were driving. Other cities in the top five included Detroit, Denver and San Diego.
Victims of motor vehicle accidents caused by individuals using their phones while driving may be entitled to compensation for their injuries. An attorney may use evidence such as driver statements or cellphone records to establish that smartphone use resulted in a collision taking place. Compensation may help to pay for current and future medical bills related to the crash. It may also help to pay for lost wages and future earnings.]]>