How Can I Get a Job if I Have a Felony?

Posted on December 3, 2019 by admin

People make mistakes. But this is what makes us human. Fortunately, we also have the ability to learn from our mistakes. Perhaps this is the reason why the law gives past offenders an opportunity to clean up their criminal record for the purpose of achieving a better quality of life. If you have a felony charge or conviction on your criminal record, it will certainly have an impact on your day to day life, as well as your long-term goals. Not only will your employment opportunities be affected, your personal life, such as child custody, dating, and social groups, can also be affected in some way or another.

Whether you were recently convicted, convicted years ago, or currently facing felony criminal charges, you may have some options to protect your rights and preserve your freedoms when it comes to employment and much more. Continue reading to learn what you can do to get a job with a felony looming around on your personal record.

Felony Criminal Defense Lawyer 317-636-7514 — Felony Criminal Defense and Expungement Lawyer 317-636-7514

Getting a Job as a Felon

If you have a felony conviction on your criminal record, getting a job can be tough. Unless you start your own business from the ground up (which by the way is a great idea and highly viable for past felons), or work in the fast food industry, your options for employment can be severely restricted. Fortunately, you might qualify for criminal record expungement, which can make all these job obstacles disappear.

Felony Criminal Record Expungement

Here in Indiana, a law was recently passed that gives certain relief to those with a criminal record. These laws are known as Indiana Second Chance laws, and they allow those who qualify to have their criminal records sealed or destroyed from public records. It is Indiana’s first comprehensive criminal record expungement law.

Once criminal expungement is granted to a person, the criminal record is removed from court files, police records, department of correction files, drivers’ license branch files, substance abuse counselor records, and more. Additionally, it is ILLEGAL FOR ANY INSTITUTION OR EMPLOYER to suspend, expel, refuse employment, deny permits or licenses for occupational or professional activity, or discriminate in any way.

Qualifying for Expungement

Although this is a significant opportunity that will open several doors for the previously convicted, not all applicants will qualify because there are various stipulations. Furthermore, and for obvious reasons, there are several felony convictions that cannot be expunged in Indiana. These charges include, but are not limited to, the following:

☒ Murder
☒ Sex Crimes
☒ Reckless Homicide
☒ Manslaughter
☒ Human Trafficking
☒ Assisting or Causing Suicide
☒ Registered Sex Offenders
☒ And More

Felony Criminal Defense and Expungement in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 to learn more about felony expungement in Indiana, and for Indianapolis felony criminal defense you can trust. He is eager to help you get the fresh start in life that you deserve! Best of all, his services start as low as $850, so you can afford to clean up your record just as much as the next guy. Call 317-636-7514 to schedule a free initial consultation, today.

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

The 3 Parts of the Federal Government

Posted on October 23, 2019 by admin

Whether facing criminal charges, preparing for a citizenship exam, or simply curious about our country’s governmental workings, you are wise to learn the three parts of our federal system. Continue reading to review some basic facts surrounding each part of our federal government, as well as, what you should do if facing felony charges.

Our Federal Government System

The 3 parts of our federal government are Executive, Legislative, and Judicial. The headquarters for all three branches are located in Washington D.C., our Country’s Capital. Although it borders Virginia and Maryland, Washington D.C. is inside the District of Columbia (DC), which is a federal district not a part of any one state. Here is a brief explanation of each branch, including what they do and who is in charge of their procedure.

? Executive

As you might have already deduced simply by the name, the executive branch is the highest branch in the federal government, and therefore, has the most power and influence. This branch of government includes the President of the United States, and around 5 million additional employees who are in charge of enforcing laws set forth by Congress, which makes up the next branch of government.

? Legislative

Also known as Congress, the Legislative branch of the federal government includes the Senate and the House of Representatives. There are 2 senators for each state, making 100 total in the Senate, and 495 representatives. This branch is in charge of creating laws, which are then enforced by the Executive branch, and interpreted by lower court systems and judges in civil and criminal cases.

? Judicial

The judicial branch of the federal government is in charge of interpreting the laws set forth and enforced by the upper branches of the government, and then applying their interpretations to rule on civil and criminal cases. This branch includes the Supreme Court, as well as nine U.S. Justices. A Justice is a superior, specialized judge who only interprets cases and laws that pertain to the U.S. Constitution.

Facing Felony Criminal Charges?

Call 317-636-7514 to schedule a consultation with aggressive Indiana felony crime lawyer, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges. Call 317-636-7514 to schedule a free initial consultation for Indianapolis criminal defense, today.

Will I Go to Jail for Writing a Bad Check?

Posted on October 18, 2019 by admin

When someone uses a checking account to pay for something, but they have insufficient funds in the account they are paying with, it is referred to as writing a bad check, or bouncing a check. But under state and federal law, it is called check fraud. There are various reasons why a person might write a bad check, both knowingly and unknowingly. In tough times, someone might write a bad check for something they know it won’t cover because it’s simply their only option to get by. Others might accidentally write a bad check due to innocent accounting errors.

Regardless of why a person writes a bad check, penalties can be at play if restitution is never made. Such penalties can include arrest, criminal charges, fines, probation, reimbursement, community service, and perhaps even jail.

Continue reading to learn more about check fraud laws in Indiana, and what you need to do to ensure your rights are protected following an arrest.

Indianapolis Check Fraud Lawyer 317-636-7514

Writing a Bad Check

If you write a bad check, the penalties you face will depend on the circumstances of the incident. For instance, if you write a bad check for your car payment, your leaser will contact you and ask for an alternative form of payment. If you cannot make that payment, your car might be repossessed until you can. The more time you take to satisfy this payment, the more fees will add up. If you never make the car payment, the company can sue you in civil court for recompense. Furthermore, you would be flagged as a high-risk leasee, and will have trouble leasing other cars in the future.

This same scenario is likely to apply to all retailers, vendors, and municipal companies. In most cases, the party being paid will just contact you and ask for a new payment; and if you neglect to satisfy the debt, you can face being sued by them in civil court. In some states, the law permits plaintiffs to sue for up to three times the amount of the original check.

In cases that a person crosses the line into a more serious type of fraudulent bank activity, the situation can turn into a criminal matter. In fact, such cases can render both civil and criminal repercussions.

Check Fraud

Check fraud, also referred to as debit card fraud or bank fraud, is a different type of illegal check-writing activity. Under Indiana law, it is considered an act of check fraud when a person intentionally defrauds or deceives another party by writing a check knowing there aren’t sufficient funds to cover the amount on the check, and as a result, that the check is rejected when presented to the bank.

Fraud crimes are charged as either misdemeanors or Level 6 felonies, depending on the particulars of a person’s case. In Indiana, bank fraud is generally charged as a Level 6 Felony, which comes with 6 months to two and half years in jail, up to $10,000 in fines, and several court orders, such as restitution, community service and probation.

In order for a bank fraud charge to turn into a conviction, two facts must be proven beyond a reasonable doubt:

☛ The defendant knowingly carried out a scheme to defraud a bank or other financial institution

☛ The defendant knowingly carried out a scheme to gain financial assets in the possession of a bank or other financial institution.

Are You Facing Fraud Charges in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 for to speak with a seasoned Indianapolis criminal defense lawyer about your bank fraud charges in Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

The Difference Between Car Theft and Grand Theft Auto

Posted on October 14, 2019 by admin

Last week, we cleared up the confusion regarding the difference between burglary crimes and robbery crimes. Today, we will continue the discussion of Indiana theft laws and penalties by outlining the difference between two very common types of theft that involve cars: car theft and grand theft auto. Continue reading to get started.

Car Theft

Grand theft auto is the same offense as car theft. If a person steals a vehicle with the intent of keeping it, or not returning it, it is considered the crime of grand theft auto.

Theft of a motor vehicle is a Level 5 Felony crime in Indiana, which are punishable by 2 to 8 years in prison, up to $10,000 in fines, and additional strict penalties. The type of felony and subsequent penalties can increase depending on the details and circumstances of the crime. Furthermore, auto theft does not apply to just cars and trucks; it also includes boats, motorcycles, campers, and other vehicles.

Criminal Conversion Theft

If a person commits theft of a vehicle without the intention of depriving the property forever, Indiana will charge this as “criminal conversion” instead of a felony theft charge. An example of criminal conversion would be borrowing a person’s car without their permission, but with the intent of returning it when finished. If you commit this crime, you could face Class A misdemeanor criminal charges. In some instances, Indiana will charge a person with a Class A misdemeanor if the property value is under a certain dollar amount; and amount that is generally at the prosecutor’s discretion.

Unauthorized Use (Joy-Riding)

If a person takes another person’s vehicle without permission with the intent to return it, they are violating Indiana’s Unauthorized Control of a Vehicle Statute, a crime commonly called joy-riding. Although it is a crime, it is not a car theft crime. Instead, it is charged as a less serious misdemeanor crime.

Car Rental Theft

In the case that a person rents a vehicle from a commercial business, and then fails to return it after 30 days of signing the rental car agreement (or 3 days following a written demand for the vehicle’s return), then they are guilty of an auto theft crime. If a written or mailed demand for the vehicle’s return is sent to the address on the signed agreement (in which case they would have 3 days to comply), but the person no longer lives there, they cannot use that as a defense.

Obtain an Aggressive Car Theft Lawyer in Indiana

Call David E. Lewis, Attorney at Law, at 317-636-7514 if you have been charged with grand theft auto in Indianapolis or anywhere else within Central Indiana. He offers aggressive and experienced criminal defense for anyone facing car theft charges in Indiana. Don’t settle for an attorney that doesn’t have the drive. Attorney David E. Lewis will stop at nothing to protect your rights and preserve your freedoms. We also offer criminal record expungement services to help clean up your criminal history and improve your quality of life!

The Difference Between Robbery and Burglary

Posted on October 9, 2019 by admin

Theft is an umbrella offense, meaning it is a category that encompasses a larger scope of crimes. Two of the most common types of theft crimes are burglary and robbery. In fact, you have likely watched movies depicting sneaky burglars and quick-handed bank robbers. But many assume these two terms are synonymous, when in fact, they are quite different; especially when you ask the law.

Continue reading to learn what these two crimes mean, and what you need to do if you or someone you love is facing theft charges in Indiana.

Indiana Robbery Criminal Attorney 317-636-7514

The Crime of Theft in Indiana

According to the statute decreed in Indiana Code § 35-43-4-1, “A person who knowingly or intentionally exerts unauthorized control over property of another person, with intent to deprive the other person of any part of its value or use, commits theft.” Whether the crime of theft is burglary or robbery has a big impact on the severity of punishment an offender faces if caught by the authorities.

Burglary

A burglar is someone who breaks and enters into private commercial or residential property for the purpose of committing a felony or stealing something of value that does not belong to them. Here in Indiana, all forms of burglary are felony crimes, but ones that occur in a home or dwelling, or with the use of a deadly weapon, carry even higher punishment. The type of felony one faces depends on the type of structure or property they broke into, as well as, any existing enhancements (gun possession, deadly weapon, etc.). See the Indiana Code Section 35-43-2-1 to learn the details surrounding the statutes and penalties for burglary.

➣ Basic Commercial Burglary – Level 5 Felony
➣ Residential Burglary – Level 4 Felony
➣ Burglary Resulting in Physical Injury – Level 3 Felony
➣ Burglary While Armed with Deadly Weapon: Level 2 Felony
➣ Residential Burglary Resulting in Physical Injury : Level 1 Felony

Robbery

A robber is someone who uses force, intimidation, or violence against another person to commit a crime of theft. When an offender uses a deadly weapon to commit robbery, it is considered armed robbery, and is a more serious offense. See the Indiana Code Section 35-43-5-1 to learn the details surrounding the statutes and penalties for robbery.

➣ Robbery: Level 5 felony
➣ Armed Robbery: Level 3 felony

An Example of the Difference

If a person enters a bank, holds up a gun, and demands cash from the teller, they are robbing the bank. If they were to have broken into the bank after hours and stole from the safe, it would be considered burglary.

If a person walks up to an old lady and uses a knife to steal her phone, he is robbing her. If the same person were to have taken the phone from the old lady’s pocket when she wasn’t looking, he would have committed pick-pocketing, which is not robbery.

How to Defend Your Theft Charges

Theft is a common crime here in the United States, but it comes in many different shapes and forms. Accordingly, it also comes with a wide scope of legal penalties, all of which depend on the severity of the crime itself, as well as other mitigating and aggravating factors. If you are suspected of theft crimes, your first and only priority should be to consult with a seasoned criminal defense lawyer who can build you a strong and impactful defense that will help you avoid the maximum penalties for your charges.

Indiana Theft Lawyer

Call David E. Lewis, Attorney at Law at 317-636-7514 to get help with your Indiana theft charges, today. Whether charged with robbery or burglary, our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

How to Defend Your Disorderly Conduct Charges in Indianapolis

Posted on September 6, 2019 by admin

Also referred to as “breach of peace” or “disturbing the peace”, the crime of disorderly conduct happens to be one of the most frequently-filed charges in the United States. This tells you that there must be a large portion of those charges that are falsely or inaccurately filed. If you have been arrested for disorderly conduct recently, whether in a domestic disturbance situation, public intoxication incident, or some other circumstance of being a public nuisance, it is likely that you are not even guilty.

Often times, people are just in the wrong place at the wrong time, while other times, cases of disorderly conduct are really just cases of miscommunication, misunderstanding, or even mistaken identity. Regardless of the circumstances surrounding your recent disorderly conduct arrest, it is vital that you begin building a strong and impactful defense to fight your charges, and ultimately, avoid the maximum penalties if convicted.

Continue reading to learn what the common Indiana penalties are for disorderly conduct convictions, as well as, how you can obtain a strong defense against your disorderly conduct charges, starting today!

Indianapolis Disorderly Conduct Lawyer 317-636-7514

Disorderly Conduct in Indiana

Disorderly conduct is a wide spectrum of behaviors, from minor acts of public protesting, public urination, and drunkenly passing out on a public bench, to more serious ones like, causing a fight in a bar, disobeying police orders, or public indecency. Basically, disorderly conduct can be any behavior that is likely to cause a public disruption or non-peaceful occurrence, such as any conduct that causes reasonable people alarm, fear, annoyance, anger, or an increased likelihood to engage in illegal activity.

Disorderly conduct is also referred to as a public disturbance or public nuisance offense. Here is what you can expect if you are found guilty of disorderly conduct in Indiana:

Public Nuisance (No Enhancements)
Class B Misdemeanor – Punishable by up to 180 days in jail, fines up to $1,000, and additional court-ordered penalties such as community service or probation.

Public Nuisance (With Enhancements)
Level 6 Felony – Punishable by 1 year or more in jail, up to $5,000 in fines, and additional court-ordered penalties.

How to Build a Strong Defense for Your Public Nuisance Charges

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms when facing disorderly conduct charges in Indiana. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Were You Arrested for Prescription Drug Possession in Indiana?

Posted on September 3, 2019 by admin

Prescription drug use is prevalent here in Indiana. But as a schedule II narcotic, you will be arrested if you are caught in possession of such drugs without a valid prescription, and therefore, face a long list of penalties. Continue reading to learn what you need to do to protect your rights and preserve your freedoms when facing prescription drug charges in Indiana.

Schedule II Drugs

According to Indiana Code 35-48-2-6, Schedule two drugs are considered to be any drug less dangerous than Schedule I drugs. They may have legitimate medical uses, but with a high risk of abuse. A drug can be classified as a Schedule II if it has high abuse potential, is either medically accepted or has severe medical restrictions, and causes physical and psychological dependence.

Schedule II drugs include cocaine, crack, PCP (phencyclidine), opium, raw opium, opium extracts, methamphetamines, amphetamines, methylphenidate, hydrocodone, morphine, oxycodone, hydromorphone, oxymorphone, methadone, pethidine, amobarbital, glutethimide, pentobarbital,and phenmetrazine.

Indiana Prescription Drug Penalties

Your prescription drug charges can be further enhanced as a more serious offense if certain facts are present during your arrest. Examples of possible prescription drug possession enhancements:

➨ Drug Manufacturing
➨ Priors for Dealing
➨ Possession of Firearm
➨ In Drug-Free Zones
➨ Presence of Children
➨ On School Grounds or Within 500 Feet
➨ Dealing to a Minor
➨ On or Within 500 Feet of a Park or School Bus
➨ Dealing to Someone 3 Years One’s Junior
➨ And More

Even without enhancements, the penalties for prescription drug possession can be harsh…

POSSESSION:
➥ 0 Months to 1 Year in an Indiana County Jail Facility
➥ Probation up to 1 Year
➥ Fine up to $5,000 – Not including court costs and probation fees
➥ Class A Misdemeanor

DEALING – 1 TO 5 GRAMS:
Minimum of 2 Years – Average 6 Years – Max 12 Years in Prison
Level 4 Felony

DEALING – 5 TO 10 GRAMS:
Minimum of 3 Years – Average 9 Years – Max 16 Years in Prison
Level 3 Felony

DEALING – OVER 10 GRAMS:
Minimum of 10 Years – Average 17 ½ Years – Max 30 Years in Prison
Level 2 Felony

Additional penalties may be applied to all of the above sentences, including drug and alcohol education, impact panels, community service, ankle monitors, ignition interlock devices, and more.

Unfortunately, Indiana does not view drug addiction as a health epidemic, but rather a crime, if you have been recently arrested for prescription drug possession or trafficking, you need an aggressive criminal defense attorney representing your legal best interests. Otherwise, you face the possibility of being sentenced to the maximum penalties for your crime.

If you or someone you know is struggling with addition, please refer to the National Institute on Drug Abuse for information that can help.

Prescription Drug Defense in Indiana

Call David E. Lewis, Attorney at Law at 317-636-7514 for prescription drug defense in Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

What Happens if I Do Not Show Up For My Court Date?

Posted on August 15, 2019 by admin

When it comes to facing criminal charges, you will, without a doubt, have to go to court. Although most court hearings, such as arraignments, can be handled by your lawyer without your presence, there are other court dates that do mandate your appearance. And forgetting or neglecting to show up for such court dates is not like missing a doctor’s appointment.

Continue reading to learn more about criminal court appearances, and what to expect if you do not show up for yours.

Criminal court dates are mandatory. When a person is facing criminal charges, or is involved in a criminal proceeding, they are legally obligated to show up for all court hearings. Missing a court date is referred to as a “failure to appear” or “FTA”, and it is a crime punishable by law. A person will face serious criminal charges in addition to the ones they were already charged with prior to missing their court date.

Without the help of an experienced criminal defense attorney, those charged with FTA will likely be sentenced to the maximum penalties decreed by their state. Depending on where they live and their criminal history, these penalties will vary. Continue reading to learn more about FTAs and what to expect if you are facing a similar charge in your town.

Bench Warrants

If a person misses a mandatory court hearing, they will be issued a bench warrant. This is a type of arrest warrant that demands a person’s presence on the judge’s bench. When a person has a bench warrant, they can be arrested and taken into custody at any time, whether during a routine traffic stop or at their front door. They can post bail and be released from police custody in most cases, but they will have to sit in jail for at least a few hours.

A person must face the judge once again, not only for their past matters, but for new criminal charges as a result of missing their court date. That means a separate set of penalties on top of the ones they were facing with their original charges. However, the severity of penalties for an FTA generally depends on the seriousness of the original crime a person was charged with. Penalties also vary by state. Look below for an example of misdemeanor crimes and felony crimes.

Here in Indiana…

Misdemeanor Crimes – A Failure to Appear charge will be penalized as a Class A Misdemeanor if the original crime was a misdemeanor. Class A Misdemeanors are punishable by up to 1 year in jail and $5,000 in fines.

Felony Crimes – FTAs charges are penalized as Level 6 Felonies if the original criminal charge was a felony offense. Level 6 felonies are punishable by 6 months to 3 years in jail and up to $10,000 in fines. Sometimes they can be reduced to Class A Misdemeanors for first-time offenders.

Indiana Criminal Defense Law Firm

Call 317-636-7514 to schedule a consultation with aggressive criminal defense attorney, David E. Lewis. He will stop at nothing to protect your rights and preserve your freedoms after being charged with invasion of privacy in Indianapolis. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your criminal charges.

The Difference Between Aggravating and Mitigating Factors

Posted on August 5, 2019 by admin

Sometimes, when a person is charged with a criminal offense, their charges can include aggravating factors. Generally, the inclusion of such factors increase the seriousness of the charges, and therefore, the penalties upon conviction. Many people confuse aggravating factors with mitigating factors, which are quite the opposite. If you are facing criminal charges with certain aggravating or mitigating factors, it is vital that you understand what this means for your case, your defense, and ultimately, your rights to freedom.

Continue reading to learn the difference between aggravating factors and mitigating factors, including what to do if you are facing such criminal charges in Indiana.

Aggravating Factors

Aggravating factors are not something you want as a part of your criminal charges. Such factors are specific circumstances of a crime that intensify the severity of the offense, elevate the criminal charges, and increase the maximum penalties upon conviction. Here in Indiana, there are eleven aggravating circumstances provided by statute:

➀ The use of a weapon;
➁ Significant harm, injury, loss, or damage to victim;
➂ Victim of crime is less than 12 years old;
➃ Victim of crime is a senior citizen (65 years old+)
➄ Offender has delinquent or criminal history;
➅ Crime is committed in the presence or vicinity of a minor less than 18 years old;
➆ Crime violates a protection order;
➇ Crime violates probation, parole, pretrial release, etc.;
➈ Offender knew the victim of the crime was disabled;
➉ Offender had active custody or control of the victim;
⑪ Employee of a penal facility commits inmate trafficking.

Mitigating Factors

If there are mitigating factors involved in your criminal charges, you can feel a slight sense of relief. Mitigating factors are certain circumstances of a criminal offense that might influence a court to be less strict when it comes to judgement and sentencing. There are several examples of mitigating factors, some of which might include the following:

▷ Offender was strongly provoked;
▷ Substantial cause to excuse or justify the crime exist;
▷ Offender has no delinquent or criminal history;
▷ Crime was the result of conditions that are unlikely to happen again;
▷ Victim of crime encouraged or aided the offense;
▷ No bodily harm not threat of harm resulted;
▷ Offender did not know the crime would cause nor threaten serious harm;
▷ Offender is a good candidate for probation or short term jail time;
▷ Offender’s character demonstrate they are not likely to commit the crime again;
▷ Offender makes restitution to victim;
▷ Imprisonment would cause hardship to offender and their dependents;
▷ Victim is habitually abusive to offender;

Important Note:

Although the court usually compares and considers the number of aggravating factors versus mitigating factors when reaching a sentencing decision. But keep in mind that courts are explicitly allowed to enforce any sentence that is authorized by the Indiana constitution, as well as these statutes, regardless of any of the above-mentioned factors. Always consult with a licensed and experienced Indianapolis criminal defense attorney who can educate you on your case and the best course of action for defense.

Where to Get Started on Your Criminal Defense

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation with aggressive Indiana criminal defense attorney who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.

Are Ponzi Schemes Illegal?

Posted on June 17, 2019 by admin

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.

White Collar Criminal Defense Law Firm 317-636-7514

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.