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Monetary Instrument Abuse in Louisiana

According to La. R.S. 14:72.2, monetary instrument abuse refers to the issuing or transfer of a counterfeit or forged instrument of the United States or even a political subdivision with the intent of deceiving another person. The law went further to explain the terms used. Monetary instruments mentioned above could be; a note, bond, debenture, stock certificate, interest coupon, certificate of deposit, bank check, United States currency, cashier’s check, traveler’s check, etc. Counterfeit here refers to a document that claims to be genuine but has been falsely created. Anyone charged and tried of the case may be made to spend a couple of years behind bars. Additionally, depending on the severity of the case, the offender may be required by the court to pay a huge fine within a specific period of time.

When charged with this case, it is important that you treat it as urgent. The first thing to do should be to hire the services of a well-trained, experienced, and professional monetary instrument abuse defense attorney who will not only present your case before a judge but will try his best to ensure that the case is overturned in your favor. Immediately hiring the services of a professional defense attorney will increase your chances of appearing before the court as soon as possible which may be beneficial to your case being discharged.

Experienced Monetary Instrument Abuse Defense Lawyer

Once you are charged with this case, the first and most important thing to do would be to hire the services of an experienced and professional defense attorney to handle your case. The duty of your defense attorney once hired would be to carefully hear your side of the story and without judging or blaming you come up with an idea that can see you walk as a free man or woman. When you hire the services of an experienced monetary instrument abuse defense attorney Baton Rouge, it is advised that you give him the necessary information. Do not withhold any information.

Once you are charged with a crime in the United States, your case could stay for weeks without being brought to the judge. This means that you may spend more time in police custody. The duty of a defense attorney would be to help you appear before a judge. This will increase your chances of walking away free. These defense attorneys have been trained and have spent a couple of years in the industry, this makes them conversant with the various statutes. With clear information and knowledge of the law as well as punishments that could be meted out to offenders, these defense attorneys would be on the lookout for tiny loopholes or mistakes in those laws that can be exploited to help increase your chances of not spending time behind bars. Also, they make use of courtroom strategies to ensure that you do not serve prison time.

While most people may feel like going to jail for a couple of years is not actually that bad, you will find it surprising to know that it could have negative effects on your life and even that of your loved ones. To explain better, once you are sentenced to prison, even for a second, your crime and personal information are recorded in the Federal or State Criminal Record. This record can be accessed by anyone if there’s a need to. This means that employers, banks, and other agencies can go through this list. If you had a plan to either start a business or search for a job, your criminal record reduces your chances of doing either. Even when you do, it would be almost impossible to gain promotion. Individuals seeking for loans to fund a business will also find it difficult to get one as these banks and financial agencies will go through the list before loans are approved.

Penalties of Monetary Instrument Abuse in Louisiana

Some of the punishments to be meted out to offenders include;

  • Offenders may either be required to pay a fine of not more than $1 million but not less than $5,000 or be imprisoned with or without hard labor for not more than ten years but not less than six months. Depending on the nature of the crime, an offender may be required to pay fine and also spend a minimum of six months behind bars.
  • Individuals that possess, sell, or issue implements that have been designed to make counterfeit monetary instrument will by law be required to pay a fine of not more than $1 million but not less than $5,000 or spend time in jail with or without hard labor. Depending on a number of factors, the offender may be asked to serve jail time and also pay fine.

 

La RS 14:72.2  Monetary instrument abuse

A.  Whoever makes, issues, possesses, sells, or otherwise transfers a counterfeit or forged monetary instrument of the United States, a state, or a political subdivision thereof, or of an organization, with intent to deceive another person, shall be fined not more than one million dollars but not less than five thousand dollars or imprisoned, with or without hard labor, for not more than ten years but not less than six months, or both.

B.  Whoever makes, issues, possesses, sells, or otherwise transfers an implement designed for or particularly suited for making a counterfeit or forged monetary instrument with the intent to deceive a person shall be fined not more than one million dollars but not less than five thousand dollars, or imprisoned, with or without hard labor, for not more than ten years but not less than six months, or both.

C.  For purposes of this Section:

(1)  “Counterfeit” means a document or writing that purports to be genuine but is not, because it has been falsely made, manufactured, or composed.

(2)  “Forged” means the false making or altering, with intent to defraud, of any signature to, or any part of, any writing purporting to have legal efficacy.

(3)  “Monetary instrument” means:

(a)  A note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, warrant, debit or credit instrument, access device or means of electronic fund transfer, United States currency, money order, bank check, teller’s check, cashier’s check, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, certificate of interest in or participation in any profit-sharing agreement, collateral-trust certificate, pre-organization certificate of subscription, transferable share, investment contract, voting trust certificate, or certificate of interest in tangible or intangible property.

(b)  An instrument evidencing ownership of goods, wares, or merchandise.

(c)  Any other written instrument commonly known as a security.

(d)  A certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase, any of the foregoing.

(e)  A blank form of any of the foregoing.

(4)  “Organization” means a legal entity, other than a government, established or organized for any purpose, and includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, society, union, or any other association of persons which operates in or the activities of which affect intrastate, interstate, or foreign commerce.

(5)  “State” includes a state of the United States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, and any other territory or possession of the United States.

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


Getting the Best Monetary Instrument Abuse Defense Attorney in Louisiana

The Barkemeyer Law Firm helps those charged with Monetary Instrument Abuse in Louisiana. Our criminal defense attorneys have over 100 years of combined experienced defending clients with criminal charges such as theft, fraud, forgery, access device fraud, bank fraud, and monetary instrument abuse. Contact us if you need help.

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DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

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