I have a legal background and perhaps I am being just dense this morning. However I can't get the legal theory behind this tragic case in the Lake Charles area.
Former state district Judge Gregory Lyons was arrested Friday on six counts of felony theft, charges for which he could face up to 60 years in prison, if convicted. Lyons of Lake Charles turned himself in at the Calcasieu Parish Sheriff’s Office after the State Attorney General’s Office issued a warrant for his arrest. State district Judge David Ritchie set a $100,000 personal surety bond for Lyons, who was released on his own recognizance.
Lyons was booked into the Calcasieu Correctional Center on charges of felony theft over $500. The maximum prison term for each count is 10 years. Judge Ritchie set the bond at $10,000 on five of the criminal counts and $50,000 on the sixth count. The attorney general’s Gaming Division is handling the investigation, which reportedly stems from Lyons owing $192,000 in gambling debts to L’Auberge du Lac casino-resort.
This is the second time Lyons has been arrested in connection with gambling debts. In August 2007, he was arrested and jailed in Shreveport on four felony counts involving more than $20,000 in unpaid gambling debts owed to a Las Vegas casino. At that time it was learned that Lyons had actually faced arrest in 1999 for bad gambling markers when he was still on the bench. He reportedly paid them off in 2001.
Before his Shreveport arrest, Lyons had already agreed to an interim suspension of his law license. As part of his suspension agreement, Lyons was in a Shreveport facility to treat his gambling addiction when he was arrested. Lyons served on the 14th Judicial District Court bench for 18 years before retiring early at age 50 on Jan. 8, 2001. He was a private-practice attorney until March 2008, when he permanently gave up his law practice.
He was being investigated then by the state Office of Disciplinary Counsel for complaints that include neglecting legal matters; failing to communicate with clients; and engaging in dishonesty, fraud, deceit or misrepresentation. Lyons gave up his law license instead of facing disciplinary proceedings before the state Supreme Court, which barred him from seeking readmission to practice law in any jurisdiction. He has been battling a gambling addiction for years. His problem first came into the public eye in 1994 when he announced he was going to a Baltimore treatment center for gambling addiction. He was there 30 days.
What is exactly the theory here. I mean we don't have Debtor's Prisons. If I get a credit card and can't pay it back they can't put me in the Big House.
It seems with a Casino that place above all should not be given special treatment. I suppose there might be facts here I don't know. However for theft there must be a intent to permanently deprive . I am willing to bet this former Judge was going heck I will pay them back after I win. I mean has that different than credit card stuff or regular loan stuff. Where is the intent. Where is the fraud? Perhaps the Casino should be more careful who they credit too.
Answers?
Update-
I asked this on my football board and this is perhaps the answer.
So it is a sort of Bad Check theory that is mixed with a loan like ethos. It is like the ultimate float. I am not sure I buy that legal theory or it is right. But maybe that is how Louisiana law deals with this.
Monday, September 14, 2009
Why Can You Be Put In Jail For Gambling Debts?
Posted by James H at 9/14/2009 10:05:00 AM
Labels: louisiana
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