Criminal Defense Lawyer in Louisiana

What You Need To Know About White-Collar Crime

The majority of white-collar crimes are non-violent and financial. Individuals in positions of trust in business, government, or other institutions perpetuate them. Bribery, insider trading, tax evasion, and fraud are white-collar crimes. White-collar crimes, albeit less common than violent crimes, can tremendously impact victims, businesses, and the economy. Investigators and prosecutors work tirelessly to investigate and punish these types of crimes. If accused of committing a white-collar crime, you should get legal counsel as soon as possible.

David E. Stanley, APLC is the leading law firm in litigation and criminal proceedings, with over a decade of experience consulting and preserving the rights and interests of clients involved in white-collar crimes. He provides advice, solutions, and preventive measures for businesses to avoid risks associated with white-collar crime and protect clients against unjust criminal allegations filed by competent authorities, using our knowledge, inventiveness, and thoroughness.

To Schedule An Appointment,
Contact David E. Stanley, APLC
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What You Need To Know About White-Collar Crime

What Is A White-Collar Crime?

White-collar crime is a type of non-violent crime in which the primary motivation is usually financial. White-collar criminals typically hold a professional position of authority and prestige, as well as a job that pays substantially above average.

What Are The Types Of White-Collar Crime

White-collar crime comes in a variety of offenses, including the following:

1. Fraud

Fraud is a broad phrase that refers to various tactics to cheat people of their money. One of the most common and straightforward is the offer to send someone a large sum of money in exchange for a small sum. The fraudster may represent the smaller sum as a processing or finder’s fee. Naturally, the fraudster receives the funds supplied to him, but he never transfers the funds he promised to pay.

2. Insider Trading

Criminal Defense Lawyer in Louisiana

Insider trading happens when a trader benefits from the material, non-public information that gives them a competitive advantage in the financial markets. An investment bank employee, for example, may be aware that Company A is planning to buy Company B. The employee can purchase stock in Company B with the idea that once the acquisition is made public, the stock would skyrocket in value.

3. Ponzi Scheme

A Ponzi scheme is known as a financial fraud that promises investors extraordinarily high profits. It pays such profits to the initial investors with newly deposited funds from new investors. However, the system collapses like a house of cards when the scammer can no longer acquire new clients to pay off the old ones, leaving many investors with significant losses.

4. Embezzlement

An embezzlement is a form of theft, sometimes known as larceny, that can range from a single employee taking a few dollars from a cash drawer to a complex operation involving millions of dollars transferred from a company to the embezzler’s accounts.

5. Counterfeiting

Because of the need to combat counterfeiting, our money has become increasingly colorful and detailed. The old currency was far too easy to copy with today’s computers and powerful laser printers. However, it’s debatable if the government’s efforts in this area have been successful.

6. Money Laundering

Money laundering is a service that criminals who deal with vast sums of money require. It entails moving the money through multiple accounts and eventually into legal firms, mixed up with the real business’s legitimate income and no longer traceable as having originated from a crime.

Frequently Asked Questions

Do I Need An Attorney If Charged With A White Collar Crime?

Yes. Law enforcement has been constructing a case against you for weeks, months, or even years. You must have the same tenacious legal counsel on your side. Even if you’re concerned that hiring a lawyer will make you appear guilty, a defense attorney can ensure you don’t do anything wrong to law authorities, the media, or a judge. Many believe that telling law enforcement about what transpired will improve their case. Unfortunately, you’re probably exacerbating the problem. Investigators would not bring you in for questioning unless they had a solid criminal case against you.

Is It True That All White-Collar Crimes Are Prosecuted In Federal Court?

No. Depending on the specific offense, the case may be prosecuted in state or federal court. You’ll need an attorney on your side who can handle even the most complicated trial cases.

What Penalties Might I Face?

White-collar crimes are often punished the same way as other crimes, with the possibility of lengthy jail sentences and hefty fines. In addition, those found guilty may be required to pay restitution and ultimately lose their professional license.

A Trusted Criminal Defense Attorney

Criminal Defense Lawyer in Louisiana

White-collar crime is a serious issue that you should not take lightly. If accused of committing a white-collar crime, you must contact an experienced attorney immediately. David E. Stanley, APLC, has years of experience defending clients against all types of white-collar crimes and will work tirelessly to get the best possible outcome for your case. Contact us today to schedule a free consultation and find out how we can help you!

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

A lawyer talks with the client

Four Ways You May Be Committing Fraud Unintentionally

Fraud intentionally distorts facts to deprive someone of a valued asset. Although fraud is sometimes a crime in and of itself, it is more commonly a component of other crimes such as gaining money by deception or impersonation. Fraud claims are serious. Not all incidents of the alleged fraud are true.

It is possible to do something that appears dishonest when you have no intention. If you are accused of fraud and can demonstrate that you had no purpose of defrauding someone, you may be able to defend your case effectively.

Suppose you accidentally committed fraud, a good fraud lawyer like David E. Stanley will be able to help you fight the allegations effectively. Always attempt to be open and honest and prevent fraud as much as possible; nevertheless, if you face fraud charges, give us a call and let us fight for you.

Do You Need Help with Fraud Charges?
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at 225-926-0200!

4 Ways You May Be Committing Fraud Without Realizing It

The following are some ways ordinary individuals commit fraud without recognizing it.

1. Unintentional Tax Evasion

Unintentional tax fraud is one of the most prevalent types of fraud. There are various types of fraud, but accidental tax fraud is one of the most common. According to the Internal Revenue Service, tax fraud is defined as a taxpayer’s willful wrongdoing to avoid paying taxes. Therefore, you must purposefully deceive the government while paying taxes to fit this criterion and face charges. Mistakes on your tax return are not the same as tax evasion. Due to the tax system’s complexity, it’s usual for people to make mistakes later discovered during audits. The Internal Revenue Service does not usually accuse people of fraud, but in some situations, it may say that they were dishonest about their incomes or that they failed to file taxes. The IRS could accuse that individual of defrauding the government.
US Individual Income Tax Return Audit

Auditing can happen for various reasons, including erroneously claiming the Earned Income Tax Credit or the wrong deductions. In reality, taxpayers may be unaware that they are wrongly claiming additional deductions or credits. Because many individuals are unfamiliar with tax law and rely on DIY applications to file their returns, problems are bound to occur.

2. Accepting Unemployment Benefits that Have Been Overpaid

Unemployment benefits are highly restricted regarding how much a person can receive based on any other income they may have and what they were earning when they last worked. Work and income conditions may change, resulting in the overpayment of unemployment benefits due to various variables. You are committing fraud if you obtain an overpayment of benefits and do not repay it. It may be tempting to retain the excess cash; you might compare it to getting too much change back at the grocery store (although you should return that as well); you might not even realize you received more than you were entitled to

3. Failure to Inform Your Car Insurance Company of Any Changes

Because it is unintentional, accidental fraud usually means that the person who committed it just made a mistake. For example, one of the most prevalent blunders is failing to notify your vehicle insurance company of any changes that may impact your premium. Failing to disclose changes in how you operate your car might get you in trouble. This includes reporting that you use your vehicle for work and ceasing to do so without informing your insurance company. These are less malevolent forms of fraud than, for example, arranging an accident to collect insurance benefits, but they are nonetheless fraudulent. Make sure your insurance agency is up to date on any changes that could affect your policy.

4. Contesting a Credit Card Purchase You Were Not Aware Of

People perpetrate credit card fraud differently, and if you make this error, you may fall into that category. Credit card issuers are usually extremely cooperative regarding fraudulent purchases made with your credit card. If you discover purchases on your credit card statement that you did not make, they will refund you the money and investigate the bogus purchase.

One mistake you may not recognize is finding purchases on your statement that you forget you made and reporting them as fraudulent to your credit card provider. This is called “friendly fraud,” and you may face harsh consequences if you do not return the money. Perhaps a family member purchased without your permission, or you signed up for a free trial that was then charged to your credit card without your permission. You have committed fraud if you receive a reimbursement from your credit card provider for these purchases.

Frequently Asked Questions:

What are the Three Types of Frauds?

The three main types of fraud are:
– Asset misappropriation.
– Bribery and corruption.
– Financial statement deception.

How Many Years Can You Get for Fraud?

Penalties for a well-planned and skillfully executed fraud can range from two to seven years in prison. Possession of fraudulent articles can result in community service to 12 to 18 months in prison for more complex frauds.

How Do Fraudsters Get Caught?

Fraud is commonly detected through employee tips, followed by internal audit, management review, and accidental discovery; external audit is the eighth most common way occupational frauds are initially detected.

A man holding his credit card while looking at his computer

Reliable Legal Representation

David E. Stanley, APLC, is a skilled attorney handling complex criminal matters and can aggressively fight for you. Mr. Stanley’s approach to law is straightforward. He works hard and dedicates himself to ensuring that his clients receive justice and the best possible conclusion in their case.

Need Advice on a Criminal Case?
Call David E. Stanley, Criminal Defense Attorney
at 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

A man holding his credit card

Everything You Need To Know About Misuse Of A Credit Card

Over the last few decades, as credit lines have increased and aggressively pushed by banks and suppliers, so has the chance for persons to participate in identity theft, forgery, and other illicit conduct involving credit cards. The misuse of a credit card, also known as credit card fraud, occurs when someone obtains anything of value to defraud a credit card issuer or retailer by passing off a credit card or debit card that isn’t theirs. The ultimate purpose of this crime is to acquire “something for nothing” while leaving the bill to someone else. Contact a defense attorney immediately for some much-needed legal advice if you’ve been arrested or suspected of credit card fraud.

If charged with credit card fraud, Attorney David E. Stanley, APL, can offer you influential legal counsel if you have been accused of credit card fraud, regardless of your charges or the circumstances surrounding your case. Contact us for an appointment with a credit card fraud lawyer!

Call David E Stanley APLC At 225-926-0200 Now!

Everything You Need To Know About Misuse Of A Credit Card

What Is Credit Card Fraud?

Credit card fraud is a type of financial fraud that has become increasingly frequent in today’s world. Every year, an estimated $1 billion is stolen in the United States due to various credit card fraud schemes. As a result, people must know how to avoid or report lost or stolen credit cards.

What Are Some Examples Of Credit Card Misuse?

Misuse of a credit card

Many people do not consider the consequences of misusing credit cards, but it is illegal. The following are examples of credit card abuse:
● Obtaining a new credit card through deception.
● Buying a credit card from someone who isn’t the issuer.
● Selling a credit card to someone else.

These are only three examples of how a credit card could be illegally misused. Other types of misuse could be considered fraud, such as going over your credit limit and filing for bankruptcy to avoid paying.

Is Misuse Of A Credit Card The Same As Fraud?

Yes, it’s the same in a lot of circumstances. For instance, you are committing fraud if you lie about your salary to gain a higher credit card limit. Likewise, you may be committing fraud if you rack up debt to try to have it erased in bankruptcy without paying for the products you bought. Misusing credit cards can result in enormous financial losses for credit card lenders and other victims, which is why the regulation is so strict.

Those authorized to provide products and services can also commit credit card fraud. Did you know that charging more than you agreed to or issuing charges for stuff you did not agree to acquire is considered fraud by someone selling goods or services? If you don’t authorize the transaction, no provider can use your card to make a transaction.

How Can You Defend Yourself If Accused Of Credit Card Fraud?

It’s critical to be cautious while using credit cards to protect oneself. Ensure your customers agree to the terms and sign for the transaction if you receive money. If a credit card is offered to you from an unusual source, decline it. Knowing where you receive your credit and how you use it is critical to avoid being accused of attempting to cheat the credit card company or breaking the law in other ways.

Frequently Asked Questions

How Can I Prevent Myself From Credit Card Fraud?

Individuals can avoid credit card fraud by taking simple precautions, such as not giving out a credit card or PIN information unless dealing with a reputable company. In addition, not writing down PIN digits, keeping them in one’s wallet, and enrolling in online statements, allows a person to view charges online promptly. Another crucial action consumers can take to obtain a credit report regularly. A credit report can help a person figure out what loans and responsibilities they have under their name.

What Are Possible Defenses Of Credit Card Fraud?

A defense credit card fraud can be defended in several ways, including:

1. When a prosecutor or insurer cannot fulfill the burden of proof required to prove that a copy occurred, this is known as insufficient evidence.
2. A remark that is not deceptive. Making a false or fraudulent statement is one of the elements of financial fraud. However, if a defendant can demonstrate that the wrong fact was indeed an opinion or that the information was technically correct, they did not commit fraud.
3. Entrapment is when the government forces an innocent person to perform a crime that they would not have committed otherwise to catch them in the act.
4. Absence of financial fraud intent. A deception activity is included in the definition of fraud. The burden of proof is on the prosecution or the insurer. The defendant would have to demonstrate that they had no intention of committing financial fraud.

Is It Necessary To Get Legal Advice?

If you have any issues, questions, or worries about credit card fraud, you should speak with an experienced credit card fraud attorney. In addition, your attorney will inform you of the laws in your country and assist you in filing lawsuits against anyone who has used your credit card.

Credit Card Fraud Lawyers

Misuse of a credit card

The misuse of credit card charges can be a stressful and overwhelming experience. You’re undoubtedly concerned that your liberties and privileges are jeopardized, and you have any questions. However, you may relax because David E. Stanley, APLC, a criminal defense attorney, is on your side. Get the justice you deserve! Call us today!

Facing Criminal Charges?
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David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

Federal Bureau of Investigation

Whether To Cooperate Or Not With The Federal Bureau Of Investigation

The Federal Bureau of Investigation may begin an investigation of persons in your neighborhood or even you. The FBI is usually simple and will ask whether you agree to an interview. You might not know what the discussion is about, but speaking with the agents shouldn’t be an issue if you don’t think you’ve done anything wrong. Before you do anything else, contact your attorney. It would help if you did not speak with the FBI or any other law enforcement officer unless you know your rights and what questions you must or must not answer.

If the FBI contacts you, you must retain the services of a competent criminal defense attorney to advise you on your cooperation. Speaking with law enforcement should not be taken lightly and only be done after consulting with an attorney. David E. Stanley, APLC, has extensive expertise representing clients in federal investigations and will help you make the right choice for your specific circumstance. To schedule a complimentary consultation, please get in touch with us today!

Call David E. Stanley, APLC
At 225-926-0200 Now!

Communicating With The Federal Bureau Of Investigation

How Can You Know Whether The FBI Is Looking Into Your Case?

It is in the FBI’s best interests to keep you in the dark when you are the subject of a federal investigation. For example, suppose you know that federal investigators are investigating your professional practice or business operations. In that case, you will be significantly more likely to seek legal advice and exercise your right to remain silent to avoid self-incrimination. On the other hand, FBI agents know that if they can persuade you that you are not pursued, they will have a better chance of getting you to say something they can use against you.
The fact that FBI agents have contacted you does not necessarily mean that you are being investigated; nevertheless, it does mean that you should proceed with caution in your circumstance. The FBI agents in charge of the investigation have the upper hand and will take advantage of any leverage they have to the utmost extent possible.

Why Would The FBI Be Investigating In A Case In The First Place?

Federal Bureau of Investigation

The FBI looks into specific federal cases, such as terrorism, rioting, and sabotage. Counterfeiting, human trafficking, mail fraud, and other severe federal offenses are also investigated. Many of the violations they look into are considered crimes against the state. Because these are typically federal offenses, they frequently result in felony charges and substantial danger of lengthy prison sentences. If convicted, you could face hefty fines. It is why you should avoid speaking with the FBI on your own.

Why Wouldn’t You Talk To The FBI Without Your Lawyer Present?

You are in a risky position if you willingly talk to the FBI without the presence of an attorney. You may say or do something that makes you appear implicated in a crime. You may jeopardize your case if you are also involved in an alleged crime.
You may believe that appearing to collaborate with the FBI is vital, but you must be careful how you approach this scenario. Calling a criminal defense attorney before speaking with the FBI doesn’t mean you’re guilty or trying to hide something. It simply demonstrates that you are intelligent and aware of your rights. You’re showing the FBI that you won’t interrogate anything you don’t need to be examined for and that you’ll only answer legitimate inquiries required by law.

Frequently Asked Questions

Is It Possible To Engage A Lawyer To Communicate Directly With The FBI On My Behalf ?

Yes. When you hire a lawyer, they will speak directly with the FBI on your behalf. In addition, your lawyer will inform the agents working on your case that you have retained legal counsel and will instruct them to contact them instead of you.

If I’m Guilty, How Can A Lawyer Assist Me During An FBI Investigation?

While the FBI can utilize a variety of federal legislation to accuse people and corporations of criminal activity, you should never presume you have committed a federal crime. Aside from interacting with federal officials, one of the biggest mistakes you can make during a federal investigation is assuming you’re guilty. Even if you have done the steps necessary to conduct a federal offense, the best federal defense lawyer may be able to employ a variety of defenses to protect you.

How Long Does It Take The FBI To Complete An Investigation?

It is debatable. An inquiry could result in an arrest and arraignment in a matter of days, or it could take weeks or months for federal prosecutors to determine whether to pursue (or drop) charges, depending on the extent of the investigation and the evidence available.

A Trusted Criminal Defense Attorney

Federal Bureau of Investigation

The FBI is a critical part of our nation’s security, and they need to be able to communicate with the public to solicit information from them. If the FBI has contacted you, you must take the time to consult an experienced criminal defense lawyer who can protect your rights. David E. Stanley, APLC, has years of experience representing clients in federal court, and he understands what the FBI is looking for when they contact someone. Contact us today to schedule a free consultation!

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

A judge's gavel beside the law books

All There Is To Know About Miranda Rights

The Miranda Warnings are well-known in the United States, if not by name, then at least by the first few sentences. “You have the right to keep silent,” they say in every aspect of popular culture. But, in a court of law, anything you say can and will be used against you.”

We know that “being read our rights” is an essential component of the criminal justice process from movies and television. However, many Americans are either unaware of or confused about their Miranda rights and when they must be read aloud by a law enforcement official.

It is essential to understand your Miranda rights if arrested. David E. Stanley, APLC, can help you know what these rights mean for you and how they will impact your case. Contact us today to schedule a consultation with an experienced criminal defense lawyer.

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At 225-399-0709 Now!

All There Is To Know About Miranda Rights

1. What Are Miranda Rights?

Miranda rights are a practical adaptation of the Fifth Amendment’s right against self-incrimination and the Sixth Amendment’s right to counsel. Miranda rights ensure that those unfamiliar with the legal system have a fair opportunity and are not unlawfully forced by the police.

2. What Exactly Do Miranda Rights Cover?

Despite what we’ve all heard on cop programs and in movies, the police are not required to say your Miranda rights to you in a specific way. However, if the police say something that sums up the rights in sum and substance, they have fulfilled their Miranda commitment.

The right to keep silent is one of the earliest rights. Exercising this right does not imply guilt; rather, it indicates that you have decided to meet with a lawyer before speaking with the police. The right to an attorney is the second right. You must specifically request an attorney to acquire one. If you cannot afford an attorney, you will be assigned one.

A judge's gavel beside the law books

3. When Do The Police Have To Read Your Miranda Rights To You?

The police may not read you this warning at the time of your arrest. However, when the police question you, the police must read you your Miranda warning. It includes any time you cannot depart, such as during or interrogation after the arrest. If they miss out on reading your rights, whatever responses you give during questioning or interrogation will almost always be inadmissible in court.

4. What Are The Procedure For Invoking Or Waiving Miranda Rights?

To invoke your Miranda rights (including the right to remain silent), you must tell police that you prefer to remain silent, that you want the interrogation to cease, or that you want an attorney. It is not enough to stay silent in the face of interrogation to invoke Miranda or end the interrogation. In contrast, courts consider a person to have intentionally waived their Miranda rights if they answer questions after being issued Miranda warnings.

Miranda rights aren’t something you can do once and then forget. You can use Miranda rights at any point during the questioning, including after answering some questions. The interrogation must come to a stop once Miranda is invoked. Joe’s interrogation must halt until he consults with an attorney.

5. What Happens If The Police Do Not Give A Miranda Warning?

A voluntary statement made after an arrest but before interrogation and Miranda warnings are admissible in court. However, you cannot use the subject’s comments at trial if the authorities fail to inform a person of their Miranda rights before questioning begins. In addition, if you don’t offer a Miranda warning, it doesn’t imply you won’t face charges. Instead, the prosecution will not be able to use evidence gathered in breach of the Miranda rule to prove the defendant’s guilt at trial.

Frequently Asked Questions

When Do My Miranda Rights Become Obligatory?

Miranda warnings are essential once an individual is in custody and interrogated by law enforcement.

1. Custody

When freedom of action of any person is restricted in any manner, they are said to be under captivity. It can happen in jail, a crime scene, a public venue, and other places. Before questioning someone who is in custody, police must issue them Miranda warnings. Being pulled over by police for a brief questioning during a traffic stop is not considered in control. Therefore officers are not compelled to issue Miranda warnings.

2. Interrogations

Any police questioning that the officers know or should know will result in an incriminating response is referred to as an interrogation. Any interrogation by the police of a person in custody must include Miranda warnings, or any statements made would be inadmissible unless the individual voluntarily waived their rights.

3. Waiver

During interrogations in custody, a person might waive his Miranda Rights and his right to have an attorney present. Without any police force or influence, you must sign the waiver willingly and voluntarily.

Is It Possible To Be Arrested Without Being Informed Of My Miranda Rights?

Yes. Miranda rights only protect against self-incrimination during interrogation in custody. Probable cause is all the police need to make an arrest. When interrogating a suspect in charge, the police are merely required to read the Miranda rights. The police are aware of when Miranda rights must be read and will frequently question someone without placing them under arrest.

When I Invoke My Miranda Rights, What Happens?

When you invoke your right to stay silent or request an attorney, police interrogation must end immediately. If a person asks an attorney, the police may refuse to question them again. Nonetheless, the authorities employ various techniques to persuade suspects to change their minds about remaining silent.

The Best Criminal Defense Attorney

A lawyer talks to client about Miranda Rights

If you are arrested and are in custody, it is essential to understand your Miranda rights. These rights protect you from self-incrimination and ensure you can use any statement you make in court. However, if arrested, the best thing to do is remain silent until you have spoken with an attorney. David E Stanley, APLC, has over 25 years of experience defending people’s constitutional rights and will work tirelessly to get the best possible outcome for your case. Contact us today for a free consultation!

To Schedule An Appointment,
Contact David E. Stanley, APLC
At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

A lawyer talks to client about RICO Crimes

Everything You Need To Know About RICO Crimes

Criminal Defense Lawyer

The RICO Act, Sections 1961–68 of Title 18 of the United States Code, describes the areas where the anti-racketeering statute is implemented. The RICO Act changed in the 1970s, 1980s, and 1990s to reflect changes in the legal and commercial landscapes, and our white-collar law team has kept up with the developments.

Contact a Baton Rouge criminal defense lawyer immediately if you or someone you know is charged with breaching the RICO Act. Our professional trial lawyer maintains up-to-date data on state and federal racketeering statutes, allowing us to give our clients unrivaled RICO knowledge. It includes Congress’ inclusion of mail and wire fraud as offenses that might prosecute under the RICO Act.

David E. Stanley, APLC, represents individuals, not large corporations or institutions. Our legal firm has successfully defended clients accused of various white-collar offenses, including RICO crimes. To decide our plan for your defense, we must first evaluate every detail of the charges against you, including all evidence, witness reports, law enforcement records, and others. Our firm will be your zealous advocate in court, and we take a tough stance in defending our clients against RICO charges.

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Everything You Need To Know About RICO Crimes

What Are RICO Offenses?

RICO offenses fall under the purview of the Racketeer Influenced and Corrupt Organizations Act (RICO). This act was passed in 1970 and entered into effect the following year. The purpose was to bring organized crime to justice. As a result, these crimes are in scarce circumstances with a high level of planning and organization. Even minor offenses in the same line are unlikely to qualify. It is illegal for people or organizations to participate in “racketeering activities or the collection of illicit debt,” according to the US Justice Department.

What Is Racketeering?

A lawyer talks to client about RICO Crimes

Financial gain and extortion are common goals of racketeering. It has long been associated with the Mafia and other forms of organized crime in the United States. Some have characterized it as a solution to a problem that the organization caused, such as threatening local companies and requiring owners to pay for “protection” from the same threats. Racketeering has also been linked to the following issues:
Illegal lotteries

  • Prostitution
  • Bootlegging
  • Violent clashes and mob wars
  • Insider trading
  • Manipulation of stock prices

One of the goals of the RICO Act was to make it simpler for police to file charges against criminal organization leaders. It has been previously difficult because leaders would have someone else carry out the crime. The person who ordered it might be arrested, but not the person who called it. Technically, they didn’t break the law. However, under the new statute, authorities gained new authority to charge those who provide the commands, not just those who carry them out, allowing them to combat organized crime in a new way.

What Does a RICO Violation Entail?

In 1970, part of the Organized Crime Control Act, the Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted. The goal of this legislation was to outlaw “racketeering conduct.” Racketeering is defined extensively in 18 USC 1961 to cover a variety of crimes, including:

  • Embezzlement
  • Trafficking in narcotics
  • Laundering of funds
  • Bankruptcy and identity theft

Racketeering includes crimes such as murder, arson, extortion, and bribery that are illegal under state law, as well as violations of federal laws such as theft, obstruction of justice, enslavement, and murder-for-hire.
However, state and federal authorities can only charge someone under the RICO Act if they show a “pattern of racketeering activities.” It means that within ten years, there have been two or more racketeering convictions for similar goals, with similar players, or against similar victims.

Frequently Asked Questions:

What Are Different Types Of White-Collar Crimes?

Nonviolent crimes with a financial motive are white-collar crimes. Embezzlement, conspiracy, price manipulation, corporate fraud, and tax fraud are standard charges against firms, executives, and government authorities.

Are These Offenses Usually Classified As Misdemeanors Or Felony Offenses?

The penalty for a white-collar crime conviction varies depending on the case’s circumstances; most white-collar defendants face felony charges. It’s critical to realize that a criminal record can significantly influence your life, whether a misdemeanor or a felony.

Can Criminal Investigations Take Place Concurrently With Civil Lawsuits?

Yes. While defending against civil litigation, businesses and people may be the focus of an investigation. Building a solid defense in both cases necessitates a thorough understanding of legal procedures and case law. Lawyer David E. Stanley, APLC, has the dedication and discipline required to handle complex issues.

The Best Criminal Defense Lawyer

A lawyer talks to client about RICO Crimes

Suppose you are under investigation for a RICO crime or have been arrested and charged with racketeering. In that case, you must speak with an experienced criminal defense lawyer as soon as possible. David E. Stanley, APLC, has successfully represented clients in complex federal criminal cases across the country and can provide you with the aggressive legal representation you need during this difficult time. Contact us today to schedule a free consultation and learn more about how we can help you fight your charges.

Call David E. Stanley, APLC, At 225-926-0200 Now!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

A 100-dollar bill highlighted in UV light

Five Common Questions When Caught with Counterfeit Money

The act of counterfeiting is the creation of counterfeit currency or the alteration of genuine money. This type of white-collar crime stretches back to the Civil War when estimated that a third of all U.S. cash was counterfeit. Counterfeit currency was complicated to detect in the nineteenth century when more than 1,600 banks were allowed to produce a total of 7,000 different coins. Although counterfeiting declined with nationalized currency in 1863, technological advances such as high-resolution printers and copiers have made counterfeiting easier.

When a cashier examines a bill and discovers it is counterfeit money, he may contact authorities. At that point, the authorities may arrest you for using a counterfeit and charge you with forging. Forgeries and counterfeits are regarded very seriously in the United States because they threaten the currency and economy. As a result, anyone suspected of counterfeiting should prepare a compelling case as soon as feasible.

Therefore, if caught using fake money or if charged with monetary instrument misuse or any other charge related to using false money, contact David E. Stanley, APLC crime defense attorney. Mr. Stanley is committed to working on criminal cases to achieve the best possible outcome for his clients

Caught with Counterfeit Money?
Call Criminal Defense Attorney
David E. Stanley Immediately
at 225-926-0200!

Questions About Finding Counterfeit Money in Your Possession

  • What To Do If You Find Counterfeit Money?

Sometimes, you may accidentally come into contact with counterfeit money through no fault of your own. You should not return a bill to the person who handed it to you if it doesn’t appear proper. Instead, you should report the counterfeit to the local police or the United States Secret Service field office.

If a cop or a special agent from the U.S. Secret Service approaches you to collect the counterfeit money, follow their orders and hand it over only after they have been appropriately recognized.

A woman opens her wallet and holds a 100 dollar bills

  • What Happens If You Try to Spend a Fake Banknote Without Realizing It?

Counterfeit money does circulate through the U.S. economy daily. Smaller banknotes, such as ones and twenties, are rarely authenticated. Upon discovering a counterfeit bill, you must take action as soon as possible to protect yourself.

Remember that the cashier or anyone else engaged in the transaction cannot know if you’re attempting to pass a counterfeit bill off as real money. So they might call the cops and have you arrested for having the money on your person.

You could face severe charges at that time; therefore, it’s essential to ask to talk with your attorney and to remain silent about the situation. You should not be punished if you were unaware that a banknote was forged or counterfeited.

  • What are the Penalties for Possessing Counterfeit Money?

The possession of printed reproductions (including images) of the national currency, postage stamps, or U.S. securities, as well as the creation of counterfeit notes or coins or alteration of genuine currency, come with a punishable fine and/or 15 years in jail. In addition, forgery, trafficking, or manipulation of U.S. bonds or checks can result in ten years in prison or a hefty fine.

  • What Defense To Utilize In Counterfeiting Cases?

You can utilize several defenses if charged with using counterfeit money. However, to be convicted, the prosecutor must prove that you committed the offense beyond a reasonable doubt, just like any other criminal accusation. As a result, the most common defense in situations involving counterfeit currency is a lack of information or reason.

Your counsel will use this argument to persuade the jury or court that you were unaware you were using counterfeit money. As a result, you had no intention of defrauding the cash receiver.

Magnifying glass to see 100-dollar bills

In addition, the prosecutor can refute your claim of ignorance by arguing that your actions suggested you knew the money was counterfeit. The prosecutor may point out that you acted strange when using fake money. Your attorney can use witnesses’ testimony that you were nervous during the process to bolster your claim.

  • What Immediate Action Should be Taken when Caught with Fake Money?

If you have been charged with using counterfeit currency, you should contact an attorney as quickly as possible. You could face a lengthy jail sentence if convicted of distributing counterfeit money under state or federal law. An attorney will examine your case and consider all options for defending you. They will also assist you throughout the criminal justice process. It’s important because there’s a good chance you won’t be able to defend yourself in court. They will protect your rights and ensure you receive the best possible outcome in your case.

Frequently Asked Questions:

What Does Counterfeit Money Do?

Counterfeit money is created without the State’s or government’s legal approval, usually in an attempt to imitate that currency and deceive its recipient. Producing or utilizing counterfeit money is deception or forgery punishable by law.

What is the Most Counterfeit Money?

According to the Federal Reserve Bank of Boston, the U.S. dollar is the most widely counterfeited currency in the world.

What Does the Government Do to Prevent Counterfeiting?

To prevent counterfeiting, the government brings in the Secret Service. When false bills are discovered, the Secret Service takes over. The U.S. Bureau of Engraving and Printing says that counterfeiting Federal Reserve notes is a federal offense punishable by a $15,000 fine, 15 years in jail, or both.

Credible And Experienced Defense Lawyer​

You should immediately contact an attorney if you’ve been accused of using counterfeit money. Call David E. Stanley, APLC, a seasoned criminal defense attorney with more than 35 years of expertise. A conviction for passing fake money under federal or state law can result in a significant jail sentence. Mr. Stanley will assess your case and look into any defenses to the charge. He is dedicated to providing crucial counsel throughout the criminal process while safeguarding your freedom and ensuring the best possible resolution for your case.

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A man arrested at the police station

10 Ways Federal Offenses Can Affect Your Life

Getting convicted of a crime has a lot of adverse effects. First, the state could hold you in custody for some time. You will be required to settle the fines and court costs. Moreover, a criminal record will haunt you for the rest of your life.

When it comes to federal offenses, the consequences of a conviction can be exceptionally severe and challenging to overcome. Your criminal record will follow you around like a shadow. Only conviction and arrest records from within the state will be available to police in some states. Police in Ohio may be unaware of a prior offense in Alaska. On the other hand, a federal criminal record can follow you everywhere you go and may even limit your possibilities when you travel abroad in some situations.

If you have been convicted of a federal offense, you must seek legal advice as soon as possible. Attorney David E. Stanley has years of experience and the necessary knowledge to explain the ramifications of federal offenses to you. Contact him today for a no-obligation consultation!

Getting Back to Society After A Federal Offense?
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10 Various Outcomes of a Criminal Record

It’s critical to do everything you can to lessen your risk of being prosecuted for a crime, not just to safeguard your freedom now but also to limit how a criminal record can come back to haunt you.

Yes, even a single criminal charge has the power to do so. So what are some implications of a federal criminal conviction after you’ve paid your obligation to society?

1. Job Opportunities

Even if you are acquitted, a criminal charge on your record can make it difficult to find a good job and limit your earning potential. In addition, in most situations, prospective employers have the legal right to do a background check on you and may refuse to hire you based on the results.

Employers may ask you directly if you’ve ever been charged with or convicted of a crime, including misdemeanors and felonies. It would be best to answer honestly, but you are not required to reveal arrests that resulted in no conviction or offenses later expunged from your record.

A hand dividing the mother and child's wooden figures into the father's wooden figure

2. Custody of a Child

A criminal record may limit your child custody rights, especially if the accusation includes domestic abuse or other violent activities. Even a misdemeanor might result in losing custody of your children, mainly if the crime involves family members.

3. Children Adoption

If you were convicted of a misdemeanor with a family member, you wouldn’t be able to adopt a child. You will also be unable to adopt if you have committed an alcohol-related crime.

4. Driving Privileges and Other Benefits

Depending on the gravity of the offense, anyone with a criminal record may lose their ability to drive. A criminal history involving alcohol or other drugs can result in a 180-day suspension of your driver’s license and require you to complete a 15-hour drug education course before regaining your driving privileges.

5. Weapons

You may lose your right to carry a handgun if you are convicted of a crime. This is likely if you have a felony or a Class A misdemeanor on your record. You will not be allowed a license to carry a firearm in such circumstances.

6. Immigration

A criminal record may prevent you from obtaining a green card, changing your immigrant status, or becoming a naturalized U.S citizen if you are a foreign national. In addition, you could lose your job and be deported even if the offense is minor.

7. Consequences of the Offense

Suppose you are charged with a new offense and already have a criminal record. In that case, your previous criminal history may result in more severe penalties if you are convicted and sentenced for the current crime.

8. Admission to a College

A criminal record with a minor offense might make it challenging to get into college or graduate school. This is determined by the policies of each institution or university. In addition, having a sexual or drug-related crime on your record can make it difficult to receive financial aid for college.

A group of new graduates gathers their diploma

9. Medical Licenses

Even if you have a misdemeanor conviction, you may be unable to obtain a healthcare license, such as a nurse’s license, if you have a criminal record.

10. Renting and Leasing

If you have a criminal on your record that occurred within a specified number of years, a landlord may refuse to rent his property to you. The elapsed period won’t matter if you’ve been convicted of a sex offense. The landlord can deny you.

Frequently Asked Questions:

Will I Ever Get a Job with a Criminal Record?

Yes, it is possible to get a job with a criminal record. Many employers hire people with criminal records. It depends on why you have a criminal record and what kind of job you seek if it makes a difference. However, getting a job unrelated to your previous conviction would be better.

Does a Criminal Record Affect Car Insurance?

Yes, having a criminal record can affect car insurance. A criminal record will raise the cost of your vehicle insurance, whether or not your conviction is related to driving. This is because insurers will think you are at a higher risk if you have a criminal record. This is because your insurance considers all convictions, including robbery and driving under the influence of alcohol or drugs.

How Is A Person’s Life Changed When Charged with a Crime?

A person charged with a crime may be psychologically affected. While the short-term consequences of crime might be devastating, most people do not experience long-term effects. However, people occasionally suffer long-term issues like depression or anxiety-related disorders. In addition, a small percentage of people experience a severe, long-lasting reaction to a crime, known as post-traumatic stress disorder (PTSD).

Criminal Defense Attorney Available

Having a reliable criminal defense attorney on your side is critical if you want to keep the charge off your record. Contact David E. Stanley, APLC, today if you live in Baton Rouge, LA. Mr. Stanley is an accomplished defense lawyer ready to assist you with your legal issues. For a free consultation, give us a call right now.

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David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

Police search the vehicle after traffic stops and checks the driver

What You Should Know About Car Searches After Traffic Stops

There are federal rules in place to safeguard citizens from police misbehavior. In addition, the Fourth Amendment to the United States Constitution also protects you from unreasonable searches and seizures and protection frequently invoked in criminal cases. If you are facing criminal accusations, regardless of whether they result from a car search, consult David E. Stanley, an experienced criminal defense attorney.

When is it illegal to conduct a traffic stop or a car search? Unfortunately, police officers are frequently willing to break the rules regarding handling people, particularly when they suspect a narcotics crime. A cop may be eager to stop you for questionable reasons or inspect your vehicle without having the legal authority to do so. When would you be able to object to a traffic stop or a police search of your car?

For law enforcement, there are numerous motivations, not the least of which is civil asset forfeiture, which might provide their department with additional incentives. That is why it is necessary to employ the services of an experienced attorney who is knowledgeable on traffic stop legal advice if your car was detained at a stop and then searched. The best lawyer for that is David E. Stanley, APLC. Contact him today for a free consultation.

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4 Legalities of Car Searches After Traffic Stops

1. The Police Must Justify a Traffic Stop

You have the right to question why an officer pulled you over as soon as they did. If they don’t have a compelling basis for stopping you, it’s a red flag that they’ve likely infringed on your rights.

A traffic stop usually results in a citation, and the irritated motorist drives away. However, an officer may extend a traffic stop and search the driver’s vehicle.

An officer who has stopped a car may have legal grounds to search it in specific cases. However, sometimes that just isn’t available. For example, suppose an officer doesn’t see any apparent traffic violations or has any other objective reason for pulling a car over in the first place. In that case, any evidence uncovered during a car search will undoubtedly be inadmissible in court.

Police search the vehicle after traffic stops

Officers may profile you if they see you leaving a particular company or if you have a particular bumper sticker on your vehicle. In addition, a police officer may profile you and pull you over without probable cause based on the year and condition of your vehicle or your looks.

A traffic stop without probable grounds to suspect a major traffic offense is illegal, and the courts may exclude any evidence discovered during that traffic stop.

2. Car Searches Conducted Following a Simple Detention

Even if a traffic stop is legal, an officer who issues you a citation cannot search you or your vehicle unless there is a reasonable suspicion that you are armed and dangerous or involved in criminal conduct (other than the minor traffic violation).

The notion that the police can’t inspect a car just because they’ve stopped it. In the case of rental cars, the practical rule is that police may not inspect a rental car following a traffic stop solely because the driver is not listed on the rental agreement. By not being on the rental agreement, someone who has the authorization to use an automobile from the person who rented the car does not lose all of their Fourth Amendment rights.

3. A Car is Searched Following an Arrest

Despite the above rule, officers can inspect cars they’ve stopped in various situations. For example, many states have laws that allow police officers to arrest drivers for minor traffic violations like speeding or not wearing a seatbelt. The facts determine the legality of a later search in these and other arrest scenarios.

Police may check the passenger compartment of a car after detaining an occupant if it appears that the arrestee might get access to the vehicle during the search or if the vehicle contains:

  • Weapons
  • Objects illegally possessed, such as contraband or burglary tools
  • Evidence linked to a traffic stop
  • Ways of eluding detection

The following search must be limited to locations where the searching officer expects to discover the objects they are looking for.

4. Must Have Probable Reason to Search Your Vehicle

You may be arrested if a police officer discovers even tiny amounts of illegal narcotics in your vehicle. For example, a marijuana seed left by a former owner or a small amount of cocaine left by a passenger could be enough for the cops to arrest and charge you with a crime.

To search your vehicle, they usually need probable cause or a warrant. You should inspect your vehicle when you pull down the window and see drug paraphernalia or smell something. What an officer finds when they search your car without probable cause or your permission may not hold up in court. Knowing when police have the authority to stop you and search your vehicle can help you defend yourself against drug allegations.

Knowing when police have the authority to stop you and search your vehicle can help you defend yourself against drug allegations.

Frequently Asked Questions:

What is a Traffic Stop?

A traffic stop is a seizure and detention of a vehicle’s occupants violating the Fourth Amendment. A standard traffic stop is justified if a police officer rightfully suspects that the occupant is driving without a license or that the car is unregistered.

What is the Automobile Exception to the 4th Amendment?

The automobile exception to the 4th Amendment is a legal rule in the United States that reduces standard probable cause requirements and, in some circumstances, permits a police officer to search a motor vehicle without a search warrant.

When Can Police Seize a Vehicle?

Police can sequester a vehicle if they believe it is being utilized in a way that causes alarm, harassment, or distress, such as careless or inconsiderate driving. They can also take a car if they suspect someone is operating it without a valid license or insurance.

A man arrested by police

Experienced Criminal Defense Lawyer

David Stanley is a proactive defense lawyer with over 35 years of experience in criminal defense. He is the founder and principal of David E. Stanley, APLC. Mr. Stanley is a successful trial lawyer who devotes his practice to defending people accused of significant or complex federal or state felony crimes. In addition, he is determined to protect those who want to appeal their conviction or sentence to a federal or state appellate court.

Call David E. Stanley, APLC Now
at 225-926-0200
For a Consultation!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200

Drugs Paraphernalia

Two Common Healthcare Fraud Accusations You Can Learn From

Healthcare fraud cases may include doctors billing insurance companies or the government for services that were never performed or were unneeded, which may have been hazardous to patients’ health. Pharmaceutical companies that misrepresent clinical studies to get dangerous pharmaceuticals licensed for general use are examples of corporations implicated in healthcare fraud.

The United States is the world’s largest financial victim of healthcare fraud. Therefore, more money available for healthcare in the United States undoubtedly means more potential for fraud and more money lost due to these unlawful activities.

Healthcare fraud encompasses a wide range of criminal activities. It also includes significant financial, physical, and social repercussions in modern industrial countries. For cases involving this type of fraud, contact David E. Stanley, APLC, an experienced lawyer handling cases concerning healthcare fraud.

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2 Healthcare Cases Louisiana Medical Professionals Were Accused Of

Case 1: Louisiana Physician Charged with Healthcare Fraud

You may reach Metairie by driving about an hour southeast of Baton Rouge. A 37-year-old chiropractor was accused of cheating a healthcare benefit program by submitting claims for chiropractic services that were never given. According to the Department of Justice, Benjamin Tekippe has been charged with health care fraud and aggravated identity theft.

Accused of False Statements

According to US prosecutors, in July of last year, Tekippe allegedly provided a “materially false, fake, and fraudulent statement” to FBI agents and other investigators. They further say that the chiropractor utilized his clients’ insurance identification numbers to bill for services he didn’t give without their approval.

Possible Punishments

Tekippe stands up to ten years in federal prison and three years of supervised release if convicted of healthcare fraud. If convicted of aggravated ID theft, he faces a potential term of 2 years (which would run concurrently with any other sentence). If convicted of lying to investigators, he faces a maximum penalty of 5 years, with up to 3 years of supervised release. For each infraction, he may face a punishment of up to $250,000.

Drugs

Case 2: Louisiana Doctor Charged with Opioid Prescriptions

Drive a few miles north of Metairie, across the Lake Pontchartrain Causeway (the world’s longest continuous bridge over water), to Slidell, where another health care practitioner is facing severe criminal charges.

According to prosecutors, Dr. Adrian Dexter Talbot was charged with delivering more than one million doses of illegal narcotics, including oxycodone and morphine. These opioids are generally safe pain medications when used for a short period and as directed by a doctor. Still, they can be overused since they generate euphoria and pain relief. Even when prescribed by a doctor, regular use can develop into dependence, and opioid pain medications, when misused, can lead to addiction, overdose events, and deaths.

Dr. Talbot was also accused of stealing more than $5 million from Medicare, Medicaid, and Blue Cross Blue Shield of Louisiana.

Cash for prescriptions?

According to prosecutors, Talbot allegedly ran and operated a medical clinic in Slidell that collected payment in exchange for opioid prescriptions. They also claim that the scam continued when Talbot obtained a full-time job in Pineville, Louisiana, in 2015, more than 250 miles northwest of Slidell. Talbot allegedly left pre-signed prescriptions for clinic customers even though he was no longer physically in Slidell and didn’t see or examine them.

He allegedly hired another physician for the Slidell clinic in 2016, who also pre-signed prescriptions. According to prosecutors, customers then used their insurance coverage to fill the prescriptions, cheating the insurers.

What the Future Could Hold
Talbot faces a maximum term of ten years in federal prison if convicted of healthcare fraud conspiracy. On the remaining accusations, he faces a maximum sentence of 20 years in prison for each conviction: conspiracy to distribute and dispense controlled substances, keeping drug-involved premises unlawfully, and four counts of unlawfully distributing and dispensing controlled substances.

“An indictment is only an accusation, and all defendants are presumed innocent unless proven in a court of law as guilty beyond a reasonable doubt,” the Department of Justice wrote at the bottom of the arrest notices.

Yes, it is correct. The doctor and chiropractor were charged but not found guilty. They have the right to choose their attorneys to represent them in court and to negotiate terms of sentence reductions in plea bargains.

Frequently Asked Questions:

What are Health Care Crimes?

Healthcare crimes encompass a wide range of criminal activities, including doctors billing insurance companies or the government for services never performed or unneeded and, in many cases, hazardous to patients’ health.

What is the Most Common Negligence Tort in Healthcare?

One of the most common forms of negligence tort in healthcare is incorrect medicine prescriptions or drug delivery. This can happen if a patient is given the wrong medication for their ailment, obtains medication from another patient, or is given an improper medication dosage.

What Are The Three Types of Malpractice?

The three types of malpractice are failure to make the proper diagnosis, birth injuries, and drug errors.

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Defense Attorney Available

Look for a private defense attorney specializing in criminal defense and practices in the jurisdiction where the accusations are pending. Choose criminal defense attorney David E. Stanley, ALPC. He is a distinguished trial lawyer in Baton Rouge who is familiar with local judges and prosecutors, dedicated to protecting your freedom.

Accused of a Medical Criminal Offense?
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at 225-926-0200!

David E. Stanley, APLC
1055 Laurel Street Suite 2
Baton Rouge, LA 70802
225-926-0200