Thursday, June 2, 2016

Louisiana Justice Denied:Injustice Instilled

In Louisiana Justice is Denied and Injustice is Instilled, from the top down


Recently, when Piyush (Bobby) Jindal left the State Governor's Office, he awarded raises to "some" state workers on his way out-of-office, leaving Louisiana in a (3) three-billion dollar deficit, shortfall or; before the government could operate, billions had to be cut.

As part, of  Louisiana's quest to "get every dime", it has in operation the Office of Debt Recovery.  As the state Office of Motor Vehicles, continues to strike its blow, for any "hours" of mandatory insurance default, you may lose your driving privileges and registration as a matter of penalty. 

Now, the legislature is set for final passage of a Bill to allow installment payments on such OMV debts, to be place on the Governor's desk for his signature.  Although, the bill will be up again for debate on the Senate floor when it reconvenes on Friday 3 June 2016, a question is begged; WHY IS THE STATE OF LOUISIANA, PREPARING TO INSTITUTE A DEBTORS PRISON?  Senate Bill 387 by Cortez

AND, WHY ISN'T BOBBY JINDAL BEING PROSECUTED?

The Installment Plan Bill  creates a method of securing debt owed by folks, who are already dying from heart, cancer and other disease, because they can't afford a decent diet.

Poor and fixed income people are made, "illegal" as a matter of fact.  

Former Governor Bobby Jindal should be tried under "Honest Services" violations. It is in the best interest of the State of Louisiana's citizens, that something be done to "clarify" that an illegal act was committed by the former governor. 

The "Honest Services" involves a "defendant's act had the intent to defraud by depriving a victim of his right of honest services" 

Injustice is being Instilled in another Generation

When the Jindal Administration, the Division of Administration, allocated "raises" as he left the Governor's Office, it was injustice against the "people of the state".  

It is in the best interest of the State of Louisiana's citizens, that something be done to "clarify" that an illegal act was committed by the former governor. 

The "Honest Services" involves a "defendant's act had the intent to defraud by depriving a victim of his right of honest services" 

A "fiduciary" duty exists whenever one [person] [entity] places special trust and confidence in another person–the fiduciary–in reliance that the fiduciary will exercise [his] [her] discretion and expertise with the utmost honesty and forthrightness in the interests of the [person] [entity], such that the [person] [entity] relaxes the care and vigilance that [he] [she] [it] would ordinarily exercise, and the fiduciary knowingly accepts that special trust and confidence and thereafter undertakes to act on behalf of the other [person] [entity] based on such reliance.

Since the Louisiana government, will not do anything, about this indiscretion. what remedy does the people have? Who will Intervene? The Attorney General? 
The Legislature? The Supreme Court?

Or, must a private citizen file suit in the proper jurisdiction, to secure such remedy in respect to such injustices being instilled in future generations?  And, furthermore; the new law concerning Office of Debt Recovery, the Attorney General's office, Department of Public Safety & Motor Vehicles, and Treasury are in this mix. 

In accordance with the, proposed procedures "the so-called office of debt recovery, will utilized 'support enforcement' will utilize 'financial institute data match' to track down monies 'owned' or accessible for this 'collaborative' to seize accounts.
Sen. Page Cortez, R-Lafayette, was not so sure and echoed critics' concerns about an unfair collection process. He suggested the OMV may improperly accuse drivers of having not paid fines when the drivers' didn't receive collection letters, had already sold the vehicles listed with expired insurance or were registered in other states where they've moved.
"My contention is that I think we're having a case of judge, jury (and) executioner with the constituents' money without them even potentially knowing that they were even being brought to trial," the committee chair said Thursday.
Cortez pushed for an improved system as he presented a proposal to require that all notices of final debt include the total amount owed and all of a driver's payment options.
Rep. Denise Marcelle, R-Baton Rouge, said her House-backed bill would provide some of those payment options by creating installment plans for drivers to pay outstanding fines. The proposal would not negate debts, but allow drivers to become licensed while they work to repay their violations. 
ACT 399-Creating Office of Debt Recovery. June 2013
The provisions of the Act relevant to banking deal with the creation of a financial institution data match system to assist the ODR and Department in collecting delinquent state tax and non-tax debt. Although LBA does not like the idea of additional requirements for banks to police their customers, we recognized early on that this legislation had widespread support, especially in light of the state’s budget woes and constant search for new revenues. It has been widely reported that this Act could result in $200 million in new state revenues over five years. 
We also were told by the Department that without a data match system to efficiently find and collect unpaid debts, other potentially more burdensome methods would be pursued. 
For instance, the Department has told us that in recent years they have significantly increased the amount of paper levies they send to banks in a geographic area where they believe a debtor may have an account. 

These are basically fishing expeditions with the hope of finding a debtor account. As a result, banks waste time responding to these levies even when they do not have that debtor as a customer. 

The Department indicated that the number of paper levies generated would likely continue to greatly increase without data match in place because the Department was looking at technology to reduce time and expense while greatly increasing the volume of levies produced. 

In addition to philosophical concerns and concerns with the alternative collection procedures being contemplated by the Department, LBA had concerns with the initial language proposed in the bill and we wanted to ensure that the data match program, if passed into law, would be conducted in the same manner as is currently being done for the collection of past due child support. 

For many years, state law (in accordance with a federal mandate) has required financial institutions to conduct data match with the Department of Children and Family Services (DCFS) to assist in the payment of child support obligations. 

 Although LBA does not like the idea of additional requirements for banks to police their customers, we recognized early on that this legislation had widespread support, especially in light of the state’s budget woes and constant search for new revenues. 

Made to be criminals. Bank accounts policed. Yet the former governor, gets away with defrauding the state.