The waters recede, the winds calm, the storm passes. Finally, power returns to homes and neighborhoods, and the cleanup begins.

But as community members come together during the days following the storm to rebuild their city, clean up their parks, and feed their neighbors, scammers wait in the wings.  

The rush to provide aid to those in need following a disaster creates an ideal environment for fraudsters.  According to a report in The Washington Post, “In Baton Rouge, where the National Disaster Fraud Center is located, the number of fraud reports went from 79 the week before Hurricane Harvey to 425 in the week after the storm hit,” center director and U.S. Attorney Corey R. Amundson said.

One such fraud is the too-familiar business practice of price gouging. In fact, following Hurricane Harvey, Texas Attorney General, Ken Paxton told CNBC of “reports of $99 cases of water, doubling and tripling of hotel room prices.”

Similarly, in the recent wake of Hurricane Irma, Floridians took to social media to complain about various airlines escalating their flight prices thousands of dollars for those trying to evacuate before the storm hit. Florida Attorney General, Pam Bondi, Bondi told The New York Times that Floridians logged more than 7,000 price-gouging complaints with her office.

Most states have laws against these unscrupulous practices, resulting in stiff penalties with high fines.

Other immediate fraud practices that may impact storm survivors:

• The Better Business Bureau warns – beware of unlicensed contractors looking to rip-off homeowners.
• Be on the lookout for robocalls. According to NPR, some reports from Florida claim that callers are posing as insurance agents demanding immediate payment for continuation of policies.
• Watch out for charity scammers. Seemingly well-meaning people set up fake GoFundMe donation accounts to rake in money for themselves. Instead, if you wish donate to victims, find a reputable organization that can put your money to work.

Finally, following a declaration of a state of emergency, the Federal Emergency Management Agency (FEMA), a federal agency dedicated to helping individuals, businesses, and communities recover and rebuild following a natural disaster, may step in. Unfortunately, according to The Washington Post, this phase of recovery often “brings the largest amount of fraud.”

According to Don Cazayoux, Cazayoux Ewing Law Firm Partner and former U.S. attorney and director of the National Disaster Fraud Center, “Scammers will often steal the identities of others who were actually affected by the disaster, file a claim for relief and divert the funds to themselves instead of the person who actually needs the assistance.”  

And because of the increased cases of identity fraud, federal agencies are “more aggressive in fighting disaster fraud related to identity theft,” Cazayoux said.  These cases often bring stiffer penalties including mandatory minimum sentences.  

People should be vigilant of price gouging, identity theft, and scammers.  If you feel that you are a victim of a scam, you should contact the National Disaster Fraud Center hotline at 866-720-5721 or email disaster@leo.gov.  

For most people, the term “public corruption” probably conjures up images of pinstriped politicians in a dimly-lit, smoke-filled room, exchanging promises in exchange for money (more commonly referred to as “bribes”). But public corruption encompasses a broad array of activities, including fraud, bribery and racketeering to name a few, which ultimately pose a threat to our security or way of life. Thus, Congress has passed many statutes to punish and deter corruption of public officials.^[1]

And while understanding these statutes is essential to understanding your duties and responsibilities as a person of public trust or as a person or organization that regularly deals with public officials, because the laws are so complex, it is fundamental that you consult with knowledgeable and experienced defense attorneys to protect your rights and interests as well.

Generally, most public corruption crimes are prosecuted by U. S. attorneys’ offices and the Department of Justice’s Public Integrity Section. These offices are armed with a wide net to catch—and ultimately charge—both high-profile defendants (like members of Congress and governors) and more innocuous, career-level government or public employees. Courts have broadly construed the title of “public official” to include: an agent of the Bureau of Alcohol, Tobacco, and Firearms (ATF)^[2]; a postal employee who had the responsibility of ensuring that bulk mail had the appropriate charge^[3]; and a Private in the Army^[4]. Thus, it is critical that all public officials and employees remain cognizant of both ethical and legal “red lines.”

Closer to home, recently the Attorney General for the state of Louisiana, Jeff Landry, “has vowed to make ending public corruption a priority statewide as part of his new Administration and to work closely with the FBI and other officials on these efforts moving forward.” And true to word, most recently is the guilty plea of former Homer Mayor on charges of malfeasance, the arrest of former Angola Mayor for misuse of public funds, arrest of former manager of Lafayette non-profit apartment complex for theft of public funds, the arrest of former Pointe Coupee Parish sheriff’s deputy for payroll fraud, and the arrest of former coroner for East Feliciana Parish for conspiracy. According to Attorney General Landry’s website (https://www.ag.state.la.us/Corruption), all aforementioned arrests, charges and indictments have occurred since March 2017. Convictions would mean possible job loss, restitution, probation and/or imprisonment.

While public corruption charges carry significant legal implications, they may also cause a very serious and damaging impact to your reputation as a public servant or politician; therefore, it is imperative that you have experienced and professional advocates on your side to defend your rights.

This article is intended for information only and should not be considered legal advice.

^[1] Ashley Kircher et. al., Public Corruption, 45 Am. Crim. L. Rev. 825, 826 (2008).

^[2] United States v. Gjieli, 717 F.2d 968 (6th Cir. 1983) (holding that an ATF agent was within the statutory definition of “public official” even though he did not have the ability to carry out the target action of the bribe).

^[3] United States v. Gelb, 881 F.2d 1155 (2d Cir. 1989) (holding that a postal worker that was responsible for ensuring that bulk mail had the appropriate postage was a “public official” within the meaning of the federal bribery statute).

^[4] United States. v. Kidd, 734 F.2d 409 (9th Cir. 1984) (dismissing defendant’s argument that Army Private was not a “public official” because she was an enlisted soldier, rather than an officer).