Criminal Defense Lawyers

Decoding Louisiana’s Sentencing Guidelines for Public Corruption Offenses

Decoding Louisiana’s Sentencing Guidelines for Public Corruption Offenses

What Constitutes Public Corruption in Louisiana?

Public corruption encompasses a wide range of criminal offenses committed by government officials, including bribery, embezzlement, fraud, and misuse of public funds. Under Louisiana law, public corruption is broadly defined as the misuse of public office for private gain. Some common examples of public corruption offenses in Louisiana include:

• A public official accepting bribes or kickbacks in exchange for favorable treatment or contracts
• Embezzling public funds for personal use
• Using one’s official position to secure unwarranted privileges or exemptions
• Engaging in self-dealing or conflicts of interest
• Falsifying public records or documents

Essentially, any time a public official uses their position for personal enrichment at the expense of the public trust, they may be guilty of corruption.

Penalties for Public Corruption Under Louisiana’s Sentencing Guidelines

Louisiana has established sentencing guidelines that provide a framework for punishing public corruption offenses based on the severity of the crime. These guidelines take into account factors such as the amount of loss involved, the defendant’s criminal history, and whether the offense was an isolated incident or part of a larger pattern of corruption.

Some of the key provisions of Louisiana’s sentencing guidelines for public corruption offenses include:

Base Offense Levels

The guidelines start by assigning a base offense level to each crime based on its severity. For public corruption offenses, the base offense levels range from 12 for simple bribery to 24 for bribery involving an elected official.

Enhancements and Adjustments

From there, the offense level can be increased or decreased based on specific offense characteristics and adjustments. For example:

• If the defendant was a high-level public official, the offense level may be increased by 4 levels
• If the loss amount exceeded $6,500, the offense level is increased based on the fraud loss table in §2B1.1
• If the offense involved a vulnerable victim, the offense level may be increased by 2 levels

On the other hand, if the defendant accepts responsibility for their actions, they may be eligible for a 2-3 level reduction in their offense level.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Criminal History Category

In addition to the offense level, the defendant’s criminal history category (I-VI) is also factored into the sentencing calculation. Defendants with more extensive criminal records will face harsher penalties than first-time offenders.

Sentencing Table

Once the offense level and criminal history category are determined, the judge consults the sentencing table to identify the applicable guideline range for imprisonment. For example, an offense level of 24 and a criminal history category of I would result in a guideline range of 51-63 months in prison. However, it’s important to note that the guideline range is just a starting point, and judges have discretion to impose a sentence above or below that range based on the specific facts of the case. Factors that may warrant an upward departure include:

• Significant disruption of a government function
• Use of a weapon or threat of force
• An unusually serious threat to public safety

Real-Life Examples of Public Corruption Sentences in Louisiana

To better understand how Louisiana’s sentencing guidelines play out in practice, let’s look at a few real-life examples of public corruption cases and their outcomes:

Former New Orleans Mayor Ray Nagin

In 2014, former New Orleans Mayor Ray Nagin was convicted on 20 counts of bribery, fraud, and money laundering in connection with kickbacks he received from city contractors. Nagin was sentenced to 10 years in federal prison and ordered to pay $585,000 in restitution. The judge in Nagin’s case applied several enhancements under the sentencing guidelines, including a 4-level increase for Nagin’s role as an elected official and a 2-level increase for obstruction of justice. Nagin’s offense level was calculated at 34, resulting in a guideline range of 151-188 months. However, the judge ultimately sentenced him below that range, citing Nagin’s age and lack of criminal history as mitigating factors.

Former St. Tammany Parish Coroner Peter Galvan

In 2013, former St. Tammany Parish Coroner Peter Galvan pleaded guilty to conspiring to steal public funds and to profit personally from a jail contract. Galvan was accused of using his position to enrich himself and his family members through a variety of schemes, including overbilling the parish for services and funneling contracts to his own private businesses.Under the sentencing guidelines, Galvan faced a potential sentence of 30-37 months in prison based on the amount of loss and his abuse of a position of trust. However, as part of his plea deal, Galvan was sentenced to just 24 months in prison and ordered to pay over $350,000 in restitution. The judge agreed to a below-guidelines sentence in light of Galvan’s cooperation with investigators and acceptance of responsibility.

Former Baton Rouge Mayor Kip Holden’s Chief of Staff Ruffin Rodrigue

In 2016, Ruffin Rodrigue, the former chief of staff to Baton Rouge Mayor Kip Holden, was sentenced to 12 months in prison for bribery and wire fraud. Rodrigue admitted to accepting over $100,000 in bribes from a city contractor in exchange for inside information and preferential treatment. Based on the amount of bribes and Rodrigue’s position as a supervisory government official, his offense level was calculated at 27, resulting in a guideline range of 70-87 months in prison. However, the judge varied downward from that range based on Rodrigue’s cooperation, health issues, and family circumstances. Rodrigue was also ordered to forfeit the bribe money and pay a $25,000 fine.

Factors That Can Impact Public Corruption Sentences

As these examples illustrate, the specific sentence a defendant receives in a public corruption case can vary widely based on a number of factors, both under the guidelines and outside them. Some key considerations include:

Nature and Scope of the Offense

The severity of the offense is one of the biggest drivers of the sentence. Crimes that involve higher dollar amounts, more victims, or more egregious abuses of power will generally result in longer prison terms.

Defendant’s Role and Position

Higher-level officials such as elected leaders or agency heads will typically face steeper penalties than lower-level employees. The guidelines provide for a 4-level enhancement for offenses involving an elected official or someone in a “high-level decision-making or sensitive position”.

Acceptance of Responsibility and Cooperation

Defendants who plead guilty and cooperate with investigators may be able to secure a lighter sentence in exchange. As seen in the Galvan and Rodrigue cases, judges may be willing to go below the guideline range for defendants who accept responsibility and assist the government.

Collateral Consequences

In some cases, judges may consider the collateral consequences of a conviction, such as loss of professional licenses or impact on family members, as grounds for a reduced sentence. However, this is not a guarantee, and defendants should not expect to avoid prison time entirely.

Criminal History

Defendants with prior criminal convictions, especially for similar offenses, will generally face harsher sentences than those with clean records. The guidelines assign each defendant a criminal history category based on their prior convictions, which can significantly increase the applicable sentencing range.

Defenses and Strategies in Public Corruption Cases

If you are facing public corruption charges in Louisiana, it’s essential to mount a strong defense with the help of an experienced criminal defense attorney. Some potential strategies your lawyer may explore include:

Challenging the Evidence

In any criminal case, the government bears the burden of proving guilt beyond a reasonable doubt. Your attorney will closely examine the evidence against you and look for holes or inconsistencies that could be used to cast doubt on the prosecution’s case. This may include challenging the credibility of witnesses, questioning the chain of custody for physical evidence, or arguing that the government’s interpretation of events is flawed.

Negotiating a Plea Deal

In many cases, it may be in your best interest to negotiate a plea bargain rather than risk a trial. A skilled defense attorney can work with prosecutors to try to secure a more favorable deal, such as reduced charges or a sentencing recommendation below the guideline range. However, it’s important to carefully weigh the pros and cons of pleading guilty and to make sure you fully understand the consequences before agreeing to any deal.

Presenting Mitigating Evidence

If you are convicted or plead guilty, your attorney can present evidence of mitigating factors that may warrant a lower sentence. This could include things like:

• Lack of criminal history
• Acceptance of responsibility and remorse
• Cooperation with investigators
• Personal or family circumstances
• Health issues
• Good deeds or community service

While these factors won’t necessarily get you out of serving time altogether, they can help persuade the judge to impose a sentence on the lower end of the guideline range or even below it.

Appealing the Sentence

If you believe your sentence is excessive or unreasonable, you may be able to file an appeal challenging it. However, the appeals process is complex and time-consuming, and courts give significant deference to the sentencing judge’s discretion. An experienced appellate attorney can help you assess whether you have grounds for an appeal and guide you through the process.

The Importance of Experienced Legal Counsel

Navigating Louisiana’s sentencing guidelines for public corruption offenses is a complex and high-stakes endeavor. If you are under investigation or facing charges, it’s crucial to seek the advice of a skilled and knowledgeable criminal defense attorney as soon as possible. A good lawyer can help you understand your options, develop a strong defense strategy, and advocate for your rights at every stage of the process. They can also work to negotiate a favorable plea deal or argue for a reduced sentence if necessary.

At the Spodek Law Group, we have extensive experience handling public corruption cases in Louisiana and across the country. Our team of dedicated attorneys is committed to providing aggressive and effective representation to each and every client. We understand the high stakes involved in these cases and work tirelessly to achieve the best possible outcome for our clients.

If you or a loved one has been charged with a public corruption offense in Louisiana, don’t wait to seek legal help. Contact the Spodek Law Group today at 212-210-1851 to schedule a free and confidential consultation with one of our experienced criminal defense attorneys. We are here to listen to your story, explain your options, and fight for your rights every step of the way.