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Thursday, March 22, 2012

Louisiana: Bill would expand racketeering crimes

Bill would expand racketeering crimes
BY MICHELLE MILLHOLLON
Capitol news bureau

Without discussion, a Louisiana House committee agreed Wednesday that racketeering should target more white collar crimes in Louisiana.

House Bill 99 by state Rep. Cameron Henry, R-New Orleans, sailed through the House Committee on the Administration of Criminal Justice. The legislation moves to the House floor for consideration.

The bill would greatly expand the definition of racketeering in state law. More crimes would apply, exposing more offenders to lengthier sentences for criminal patterns.

Henry said he is seeking uniformity.

“It was brought to my attention that our state racketeering laws don’t mirror federal racketeering laws,” he said.

Henry said he is not trying to pick on what are known as white collar criminals who commit nonviolent crimes.

In Louisiana, 11 offenders are in state prisons for racketeering activity, according to the Legislative Fiscal Office.

Federal racketeering charges helped send former Gov. Edwin Edwards to prison for 10 years in a case involving riverboat casino licenses.

State racketeering charges generally are for more violent crimes such as murder.

The charges currently included as racketeering activity under state law are solicitation for murder, first-degree murder, solicitation for murder, second-degree murder, assault by drive-by shooting, aggravated kidnapping, second-degree kidnapping, aggravated arson, carjacking, extortion, theft, certain controlled dangerous substance violations, pandering, money laundering, simple kidnapping, simple arson, aggravated criminal damage to property, simple criminal damage to property, aggravated burglary, simple burglary, simple burglary of an inhabited dwelling, simple burglary of a pharmacy, unauthorized entry of inhabited dwelling, first-degree robbery, second-degree robbery, simple robbery and unlawful securities practices.

Henry’s bill would add 14 charges to the list: public bribery; corrupt influencing; public intimidation and retaliation; threatening a public official; terrorism; aiding others in terrorism; intimidating, impeding or injuring witnesses; injuring public records, filing or maintaining false public records; abuse of office; public salary deduction; public salary extortion; public payroll fraud; public contract fraud; and prohibited splitting of profits, fees or commissions.

E. Pete Adams, executive director of the Louisiana District Attorney Association, said Henry is focusing on corruption crimes as a way to establish a chain of criminal activity.

“It ups the ante,” he said.

Adams said racketeering gives prosecutors a way to enhance penalties by showing a pattern of criminal activity.

On Henry’s behalf, Adams outlined the bill to members of the House Committee on the Administration of Criminal Justice.

“There are no questions,” state Rep. Helena Moreno, D-New Orleans, said when Adams finished.

The Legislative Fiscal Office estimated the legislation could increase the state’s expenses by convicting people under new additions to the racketeering law.

“You broke the law, you go to jail,” Henry said after the meeting.

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