Are Ponzi Schemes Illegal?

A Ponzi scheme is formally known as a “pyramid scheme” or “pyramid promotional scheme”, and it is a felony white collar crime here in Indiana. Continue reading to learn more about these crimes, including some common history facts, probable legal penalties, and what to do if you are charged with a similar fraud offense in Indiana.

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Indiana Pyramid Schemes

A pyramid scheme is any type of operation that recruits participants who give over $100 for the opportunity to make more money by getting others to also become participants. In Indiana, the law defines pyramid scheme promotion or involvement as “persuading one or more individuals to join the scheme”, or “helping another person promote the scheme.”

Pyramid Scheme History

The meaning behind the colloquial term, “Ponzi” dates back in recent history to a man named Charles A. Ponzi, an Italian-born American swindler who was infamous for paying out returns using other investor’s money during the early 20th century. Although he was eventually caught and prosecuted, the immoral practice still occurs to this very day.

In fact, one of the most notorious pyramid scheme scams happened right here in Indiana back in 2012 when a financier named Tim Durham was convicted of conning nearly 200 million dollars from elderly investors. Another Hoosier by the name of John Marcum was charged by the Securities and Exchange Commission (SEC) for developing a $6 million Ponzi scheme in 2013.

Pyramid Scheme Laws and Penalties

According to Indiana Code 24-5-0.5: Deceptive Consumer Sales Act, “A person who founds, operates, or publicizes a pyramid scheme (a program where a participant gives over $100 for the opportunity to be compensated for getting others to join the program) commits a deceptive act under the Deceptive Consumer Sales Act.”

The state law allows a person to sue a Ponzi scammer in civil court if they suffered more than $500 in damages. The court, however, has full discretion to award 3 times the actual damages, or $1,000, as well as, lawyer fees, court costs, and even punitive damages for particularly egregious scams. Additionally, the law allows victims to join together and file a class action lawsuit against the pyramid scheme offender.

Pyramid Scheme Charges

If a person is charged with a pyramid scheme offense in Indiana, they face being convicted of one or more types of white collar crimes, including theft, money laundering, securities fraud, conspiracy, and more. It all depends on the details and scope of their offense. The common penalties that come along with such convictions include jail time, large fines, community service, probation, parole, house arrest, and restitution.

Indiana White Collar Crime Legal Defense

To best protect your rights and preserve your freedoms, you must have a seasoned and aggressive Indiana white collar criminal defense lawyer on your side, building you an impactful and strong case so that you can avoid the maximum penalties for your criminal charges. Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust.

Attorney David E. Lewis Offers Impactful Criminal Defense for Theft Crime Offenses in Indiana

Theft Criminal Defense 317-636-7514

Theft Criminal Defense 317-636-7514

There are several types of theft crimes a person can face in Indiana. Whether charged with petty shoplifting, or arrested for auto theft, theft crimes can come with lasting consequences and serious legal penalties. If you were arrested for a theft crime in Indiana, it is vital to your case to learn your rights and the penalties you face. You could be sentenced to prison, extreme fines, and more if you do not take action fast. The only way to protect yourself from receiving the maximum penalties for theft charges is to hire a tough and experienced criminal lawyer.

Attorney David E. Lewis has represented numerous theft crime cases, and can save you from unfair penalization for theft charges. He is the theft lawyer that is known for aggressive and powerful defense, using his thorough understanding of courtroom procedures and tactics from his hands-on experience to win the most favorable outcome possible for his clients. Look below at all of the different cases our law firm handles here in Indiana.

Our Theft Crimes Defense Practice Areas Include:

AUTO THEFT
CREDIT CARD THEFT
BURGLARY
FRAUD
SHOPLIFTING
ACCEPTING STOLEN GOODS
MISDEMEANOR THEFT
FELONY THEFT
ROBBERY
AND MORE

Auto Theft Charges

The act of stealing a vehicle is called auto theft. Although portrayed differently in the media, car theft is not the glamorous and exciting crime as seen on television, but rather a serious Indiana felony crime that comes with lasting consequences. If you have been charged with auto theft in Indiana, it is vital to your future and your freedom to retain competent legal services. David E. Lewis, Attorney at Law, has extensive trial and litigation experience in the criminal law field and knows how to position you in front of the courts in a way that’s most favorable to your case.

Robbery and Burglary Charges

Burglary, also referred to as “breaking and entering”, is a serious felony crime that often results in multiple criminal charges since more than one crime is usually committed. A person can be charged with the crime of burglary if they illegally enter any type of structure, not just homes. This includes businesses, schools, trailers, campers, houseboats, tents, campsites, and more. Robbery is the crime of taking another person’s money or property by either instilling fear in them, or using force, violence, or intimidation.

Depending on whether or not a weapon was used to commit the crime, robbery is generally charged as either Level 6 or Level 5 felony offenses. In Indiana, the penalties for robbery and burglary charges are at felony levels, and can affect several aspects of your life, both instantaneously and long-term. To avoid prison sentences and over-penalization, you need a theft attorney who knows burglary and robbery criminal law. David E. Lewis is the tough and driven criminal lawyer that will work around the clock to and protect your best interests and secure your freedom!

Shoplifting Charges

Taking merchandise from a commercial store or business without paying for it is a shoplifting crime. But for objects of high value, a person can potentially face grand larceny charges, an offense that comes with a much more serious conviction. Although not the most serious of misdemeanor and felony theft crimes, shoplifting is still penalized harshly in Indiana, and can subject a person to jail time and expensive fines. With competent legal counsel, however, those charged with shoplifting have a stronger chance at dropping or reducing their charges and avoiding strict penalties!

An Indianapolis Criminal Defense Attorney You Can Trust

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call Attorney David E. Lewis at 317-636-7514 to schedule a free initial consultation to discuss your theft criminal charges with a seasoned Indianapolis criminal defense attorney you can trust. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today.

Standard Indiana Penalties for Theft Convictions

Indiana Criminal Defense Attorney 317-636-7514

Indiana Criminal Defense Attorney 317-636-7514

If a person knowingly and deliberately takes control of another property with the intent to keep it away from them permanently, that person is committing the crime of theft according to Indiana legislature. If they are caught committing this criminal act, they can be arrested, detained, and charged with theft. There are several types of theft charges because there are so many different types of theft: white color crimes, fraud, grand theft auto, shoplifting, and more.

Every type of theft charge comes with a strict set of penalties, but they all differ from case to case. The severity of penalties, including jail time, also differ depending on the type of theft and the total accumulated value of the stolen items. Continue reading for a brief look at the standard penalties for common theft charges and convictions in Indiana.

Indiana Theft Charges and Penalties

Theft is considered the act of intentionally and knowledgeably exerting control over one’s property without consent or authorization. “Exerting control” can mean a variety of actions, including taking, possessing, obtaining, controlling, leading away, carrying, driving, concealing, selling, abandon, encumbering, conveying, transferring, securing, reproducing, or extending a right to another’s property.

In minor to moderate cases, theft is a Class A Misdemeanor. This is punishable by up to 1 year in jail and up to $5,000 in fines. However, certain enhancements can increase the level of punishment. In moderate to major cases of theft, the crime ranges from Level 5 to Level 6 Felonies. Look below for details of each.

IC 35-43-4-2

Theft if a Level 6 Felony if:

➝ The value of stolen property is between $750 and $50,000.
➝ The stolen property is a firearm.
➝ The offender has a prior theft conviction of similar nature.
➝ And More

A Level 6 Felony punishable by 1 to 3 years in prison, and up to $10,000 in fines.

Theft if a Level 5 Felony if:

➝ The value of stolen property is $50,000 or more.
➝ The stolen property is a valuable metal.
➝ The stolen property came from a hospital, healthcare facility, public utility, telecommunications provider, or key facility.
➝ The stolen property relates to transportation safety.
➝ The stolen property relates to public safety.
➝ The stolen property’s absent creates a risk of public safety or bodily injury to another person.
➝ And More

A Level 5 Felony punishable by 2 to 8 years in prison, and up to $10,000 in fines.

Arrested for Theft?

Theft charges, as well as the laws surrounding theft in Indiana, are complex and vary from case to case. For this reason, it is important to hire an experienced criminal defense attorney for help navigating your case, protecting your rights, and preserving your freedoms. With a reputable defense lawyer in your corner, you have the best chance at avoiding the maximum penalties for your theft charges.

Indianapolis Theft Lawyer

David E. Lewis Attorney at Law

David E. Lewis Attorney at Law 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 for aggressive criminal defense in Indianapolis, Indiana. Our law firm uses every resource in our power to protect your rights and preserve your freedoms. Schedule a free initial consultation to begin strategizing a powerful and impactful defense for your theft charges. Avoid the maximum penalties for theft charges in Indiana with the help of David E. Lewis, Attorney at Law!

A Brief Look at Indiana Shoplifting Laws

Indianapolis Criminal Defense 317-636-7514

Indianapolis Criminal Defense 317-636-7514

It is only human to make mistakes. And sometimes those mistakes come in the form of taking something that does not belong to you. This is called theft, and is a serious crime in Indiana. There are many types of theft, including carjacking, fraud, embezzlement, and more. But one of the most common forms of theft among Hoosiers is shoplifting.

If you caught shoplifting, you know just how humiliating it can be. But just because you think you are guilty, you shouldn’t have to face the maximum penalties for your crime. In fact, sometimes a person’s actions are misinterpreted, which leads to a shoplifting arrest. This is why it is so critical to your freedom and your future to retain the services of an experienced criminal defense lawyer for help avoiding jail time and more.

If you are facing shoplifting charges in Indiana, continue reading for a brief look at the laws surrounding such theft.

Indiana Theft and Shoplifting Laws

Theft is considered an act of taking something that belongs to someone else, with the intention of depriving them of that item forever. If a person takes something from someone without permission, but with the intention of returning it, it is called “criminal conversion” and is a less severe charge than theft. An example of criminal conversions would be if a person takes another person’s car without permission, but intends on returning it to the owner later on.

In Indiana, shoplifting (or theft) will get you anywhere from Class A Misdemeanor, all the way up to a Level 5 felony. The level of punishment for shoplifting depends on the total value of the items or goods stolen.

Stolen Property Less than $750 = Class A Misdemeanor
Stolen Property Between $750 – $50,000 = Level 6 Felony
Stolen Property Greater Than $50,000 or a Motor Vehicle = Level 5 Felony

With so many theft cases coursing through the Indiana courtrooms, it is important to have proficient representation. A public defender simply does not have the time to give your case, which can put you at risk of being penalized to the fullest extent. A private criminal attorney is the best source for reducing or dismissing charges against you for shoplifting.

Check out our blog next week for a closer look at some common types of shoplifting theft!

Indianapolis Criminal Attorney

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you are facing shoplifting charges in Indiana. He works around the clock and uses every resource in his power to protect your rights and preserve your freedoms. As a licensed and experienced criminal lawyer, he takes on all cases, regardless of the crimes you are charged with. He also offers free initial consultations! Call 317-636-7514 to schedule an appointment with an Indianapolis criminal attorney you can trust.