14:70.4 F.Access device fraud - restitution may be ordered
In addition to any other penalty imposed under this Section, the court shall order restitution as a part of the sentence. Restitution may include payment for any cost incurred by the victim, including attorney fees, costs associated in clearing the credit history or credit ratings of the victim, or costs incurred in connection with any civil or administrative proceedings to satisfy any debt, lien, or other obligation of the victim arising as a result of the actions of the defendant.
Effective: 07/09/1999 - Present
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14:70.4 G.Access device fraud - aggregate value shall determine the grade of offense
When there has been a misappropriation or taking by a number of distinct acts of the offender, the aggregate amount of the misappropriation or taking shall determine the grade of the offense. For purposes of this Subsection, distinctive acts of the offender do not have to involve the same victim.
Effective: 07/09/1999 - Present
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14:70.5 A.(1)Fraudulent remuneration - intentional solicitation, receipt, offer or payment in return for referral of an individual for health care services billed to the Louisiana medical assistance program
Fraudulent remuneration is the intentional solicitation, receipt, offer, or payment of any remuneration, including but not limited to bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, to or from a third party in return for the referral of an individual to a health care provider for the purpose of providing any good, service, or supply, billed to the Louisiana medical assistance program.
Effective: 08/15/1999 - Present
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14:70.5 A.(2)Fraudulent remuneration - intentional solicitation, receipt, offer or payment in return for the purchase, lease or ordering of anything billed to the Louisiana medical assistance program
Fraudulent remuneration is the intentional solicitation, receipt, offer, or payment of any remuneration, including but not limited to bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, to or from a third party in return for purchasing, leasing, or ordering, or for arranging or recommending for the purchasing, leasing, or ordering, of any good, supply, service, or facility billed to the Louisiana medical assistance program.
Effective: 08/15/1999 - Present
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14:70.5 A.(3)Fraudulent remuneration - intentional solicitation, receipt, offer or payment in return for the recruitment of new patients billed to the Louisiana medical assistance program
Fraudulent remuneration is the intentional solicitation, receipt, offer, or payment of any remuneration, including but not limited to bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, to or from a third party in return for the recruitment of new patients for the purpose of providing any good, supply, service, or facility billed to the Louisiana medical assistance program.
Effective: 08/15/1999 - Present
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14:70.5 A.(4)Fraudulent remuneration - intentional solicitation, receipt, offer or payment in to any recipient for goods, services, supplies or facilities funished to the recipient and billed to the Louisiana medical assistance program
Fraudulent remuneration is the intentional solicitation, receipt, offer, or payment of any remuneration, including but not limited to bribes, rebates, or bed hold payments, directly or indirectly, overtly or covertly, in cash or in kind, to or from a third party to any recipient or his representative, for goods, services, supplies, or facilities furnished to the recipient and billed to the Louisiana medical assistance program.
Effective: 08/15/1999 - Present
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14:70.5 B.Fraudulent remuneration - normal business practices uner exemption in 46:438.2 not an offense under this Section
Normal business practices which fall within the 'safe harbor' exemptions of R.S. 46:438.2 shall not be construed as an offense under the provisions of this Section.
Effective: 08/15/1999 - Present
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14:70.5 C.Fraudulent remuneration - penalty
Whoever commits the crime of fraudulent remuneration shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than twenty thousand dollars, or both.
Effective: 08/15/1999 - Present
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14:70.6 A.Unlawful distribution, possession, or use of theft alarm deactivation devices - definitions of theft alarm deactivation device and owner as pertaining to this Section
For the purposes of this Section, a theft alarm deactivation device is any device which is designed or intended to remove or deactivate any electronic or magnetic device which is placed on or attached to merchandise and which is intended to cause an alarm to be activated if the merchandise is moved from an authorized to an unauthorized area without either payment for the merchandise having been made or permission having been obtained from the owner of the merchandise for the movement. As used in this Section, the meaning of 'owner' shall include an agent or employee of the owner authorized by the owner.
Effective: 08/15/2001 - Present
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14:70.6 B.Unlawful distribution, possession, or use of theft alarm deactivation devices - unlawful distribution of theft alarm deactivation device charging and definition
Unlawful distribution of theft alarm deactivation devices is the sale, offer for sale, exchange, offer for exchange, donation, or offer for donation of any theft alarm deactivation device with the knowledge or intention that the device will be used to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.
Effective: 08/15/2001 - Present
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14:70.6 C.Unlawful distribution, possession, or use of theft alarm deactivation devices - unlawful possession of theft alarm deactivation device charging and definition
C. Unlawful possession of theft alarm deactivation devices is the possession of any theft alarm deactivation device with the knowledge or intention that the device will be used to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.
Effective: 08/15/2001 - Present
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14:70.6 D.Unlawful distribution, possession, or use of theft alarm deactivation devices - unlawful use of theft alarm deactivation device charging and definition
D. Unlawful use of theft alarm deactivation devices is the use of any theft alarm deactivation device to remove or deactivate any theft alarm device for the purpose of moving merchandise from an authorized area to an unauthorized area without either paying for the merchandise or obtaining the permission of the owner of the merchandise.
Effective: 08/15/2001 - Present
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14:70.6 E.Unlawful distribution, possession, or use of theft alarm deactivation devices - penalty
Whoever violates the provisions of this Section shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 08/15/2001 - Present
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14:70.7 AUnlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes - felony charging and definition
It shall be unlawful for any person to knowingly or intentionally produce, manufacture, distribute, or possess fraudulent documents for identification purposes.
Effective: 08/15/2008 - Present
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14:70.7 B.Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes - definitions
Definitions of 'distribute fraudulent documents for identification purposes', 'fraudulent documents for identification purposes', 'personal identification information', and 'produce or manufacture fraudulent documents for identification purposes' for the purpose of this Section.
Effective: 08/15/2008 - Present
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14:70.7 C.(1)Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes - penalty for possessing a fraudulent document for identification purposes
Whoever violates the provisions of this Section by possessing a fraudulent document for identification purposes shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
Effective: 08/15/2008 - Present
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14:70.7 C.(2)Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes - penalty for distributing, manufacturing or producing a fraudulent document for identification purposes
(2) Whoever violates the provisions of this Section by distributing, manufacturing, or producing a fraudulent document for identification purposes shall be fined not more than five thousand dollars, or imprisoned with or without hard labor for not more than three years, or both.
Effective: 08/15/2008 - Present
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14:70.7 D.Unlawful production, manufacturing, distribution, or possession of fraudulent documents for identification purposes - novelty item not a defense to prosecution
D. It shall not be a defense to prosecution for a violation of this Section that a fraudulent document for identification purposes contains words indicating that it is a novelty item or an indication that it is not a document for identification purposes.
Effective: 08/01/2017 - Present
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14:70.8 A.Illegal transmission of monetary funds - charging, definition and penalty
Whoever with intent to defraud either transmits, attempts to transmit, causes to be transmitted, solicits a transmission, or receives a transmission, by wire or radio signal, any stolen or fraudulently obtained monetary funds shall be imprisoned, with or without hard labor, for not more than ten years, or fined not more than one hundred thousand dollars, or both.
Effective: 06/05/2012 - Present
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14:70.8 B.Illegal transmission of monetary funds - restitution may be ordered
In addition to the penalties provided for in Subsection A of this Section, a person convicted under the provisions of this Section shall be ordered to make full restitution to the victim and to any other person who has suffered a financial loss as a result of the offense. If a person ordered to make restitution according to this Subsection is found to be indigent and therefore unable to make restitution in full at the time of conviction, then the court shall order a periodic payment plan consistent with the person's financial ability.
Effective: 06/05/2012 - Present
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14:70.8 CIllegal transmission of monetary funds - definitions of 'radio signal' and 'wire' as pertaining to this section
For purposes of this Section 'radio signal' means any text, email, or any other wireless transmission from cellular phones, portable wireless electronic tablets or computers, or any other wireless device used to transmit or receive monetary transactions and 'wire' means any wired electronic device that provides access to the Internet or to any other access point and allows monetary transactions to be transmitted or received by email, financial institution-to-financial institution transfer, or money transfer facility.
Effective: 06/05/2012 - Present
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14:70.9 A.(1)Government benefits fraud - presents any fraudulent claim to the state for furnishing services, merchandise or payments
The crime of government benefits fraud is the act of any person who, with intent to defraud the state or any person or entity through any government benefits administered by any state department, agency, or political subdivision presents for allowance or payment any false or fraudulent claim for furnishing services, merchandise, or payments.
Effective: 08/01/2018 - Present
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14:70.9 A.(2)Government benefits fraud - knowingly submitting false information for the purpose of obtaining greater compensation
The crime of government benefits fraud is the act of any person who, with intent to defraud the state or any person or entity through any government benefits administered by any state department, agency, or political subdivision knowingly submits false information for the purpose of obtaining greater compensation than that to which he is legally entitled for furnishing services, merchandise, or payments.
Effective: 08/01/2018 - Present
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14:70.9 A.(3)Government benefits fraud - knowingly submitting false information for the purpose of obtaining authorization for furnishing services, merchandise, or payments.
The crime of government benefits fraud is the act of any person who, with intent to defraud the state or any person or entity through any government benefits administered by any state department, agency, or political subdivision knowingly submits false information for the purpose of obtaining authorization for furnishing services, merchandise, or payments.
Effective: 08/01/2018 - Present
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14:70.9 A.(4)Government benefits fraud - knowingly makes a false statement of material fact on an application for the purpose of determining the person's eligibility to receive payments
The crime of government benefits fraud is the act of any person who, with intent to defraud the state or any person or entity through any government benefits administered by any state department, agency, or political subdivision knowingly makes or causes to be made a false statement or representation of material fact on an application or form for assistance, goods, services, or payments when the false statement or representation is made for the purpose of determining the person's eligibility to receive benefits or payments.
Effective: 08/01/2018 - Present
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