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How Have Louisiana Courts Handled Computer Tampering Charges

Posted on 11/18/17 at 12:51 pm
Posted by tigersbb
Member since Oct 2012
10306 posts
Posted on 11/18/17 at 12:51 pm
My cousin's daughter was charged with computer tampering by her former employer? Not sure whether it involved any financial gain or how much money might be involved if so. It is a modest sized family owned company.

My cousin is devestated and anxious as his daughter is a divorced single mother with three kids and little support from her ex husband. How have the courts handled this type of charge? Is it usually prison time or probation and restitution?
Posted by dkreller
Laffy
Member since Jan 2009
30302 posts
Posted on 11/18/17 at 12:52 pm to
It probably heavily depends on if there's a criminal history or not.
Posted by GaryMyMan
Shreveport
Member since May 2007
13498 posts
Posted on 11/18/17 at 1:09 pm to
Louisiana is so bad at prosecuting white-collar crime. And technology crime. I wouldn’t worry about it unless it’s a federal case, but still: Hire the best lawyer in town.

I know a business owner whose bookkeeper ripped him off of $40k, the only reason she was prosecuted is because the guy was a huge donor to the DA. Still had to pester him about it. They’re expensive cases to try.
This post was edited on 11/18/17 at 1:28 pm
Posted by tigersbb
Member since Oct 2012
10306 posts
Posted on 11/18/17 at 2:28 pm to
quote:


I know a business owner whose bookkeeper ripped him off of $40k, the only reason she was prosecuted is because the guy was a huge donor to the DA. Still had to pester him about it. They’re expensive cases to try.


Cousin says if there was money involved there is nothing to show for it as they live modestly and he helps them where he can. Unless perhaps.there is a gambling issue.

Feel bad for the kids if there is anything to this.
Posted by southernelite
Dallas
Member since Sep 2009
53177 posts
Posted on 11/18/17 at 2:31 pm to
quote:

Louisiana is so bad at prosecuting white-collar crime. And technology crime. I wouldn’t worry about it unless it’s a federal case, but still: Hire the best lawyer in town. I know a business owner whose bookkeeper ripped him off of $40k, the only reason she was prosecuted is because the guy was a huge donor to the DA. Still had to pester him about it. They’re expensive cases to try.



The threshold to prove intent to defraud is pretty high and why a lot of cases don’t get convictions.
Posted by Ash Williams
South of i-10
Member since May 2009
18147 posts
Posted on 11/18/17 at 3:50 pm to
Obviously depends how good the evidence is and who the prosecutor is, but depending on the facts if I had this type of case I’d likely just plea to probation with restitution
Posted by theenemy
Member since Oct 2006
13078 posts
Posted on 11/18/17 at 5:27 pm to
quote:

Unless perhaps.there is a gambling issue.


Or drugs
Posted by tigersbb
Member since Oct 2012
10306 posts
Posted on 11/19/17 at 12:50 am to
quote:

Unless perhaps.there is a gambling issue.


Or drugs



Anything is possible, but if so she has been very discreet. You never know.
Posted by shutterspeed
MS Gulf Coast
Member since May 2007
63329 posts
Posted on 11/19/17 at 1:16 am to
Is this what used to be called good ol' fashioned embezzlin?
Posted by Twenty 49
Shreveport
Member since Jun 2014
18769 posts
Posted on 11/19/17 at 10:06 am to
quote:

My cousin's daughter was charged with computer tampering by her former employer?


Did the DA charge her with a crime?

Or did the former employer file a civil suit against her to recover damages?
Posted by tigersbb
Member since Oct 2012
10306 posts
Posted on 11/19/17 at 10:43 am to
quote:

Did the DA charge her with a crime?

Or did the former employer file a civil suit against her to recover damages?


No civil action filed. I don't believe the formal charges have been filed, but not certain. My cousin bailed her out and I believe she is awaiting further developments.
Posted by Twenty 49
Shreveport
Member since Jun 2014
18769 posts
Posted on 11/19/17 at 11:52 am to
quote:

Is it usually prison time or probation and restitution?


If no criminal history. That's just based on seeing small time embezzlers in the news.

You often see bookkeepers or the treasurer of the booster club steal a fair amount and get away with probation and restitution.

I'd like to see some of them get their asses locked up to deter others, but I don't think the DAs really want to go hard on a case that requires them to sort through financial records. Not their cup of tea.

The computer tampering you mention is pretty broad. Did she take down a network or just adjust some bank entries to cover for theft?
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