A New Orleans criminal defense attorney has pleaded guilty to bank theft in federal court, according to the U.S. Attorney Duane Evans.

Hilliard Fazande III, 50, opened a bank account at the Whitney branch at 3001 Holiday Drive in New Orleans on October 26, 2015. Five days later, he endorsed and cashed a $387,000 cashier's check into his freshly minted account, according to court documents.

On October 31, he presented a teller at another Whitney branch in Belle Chasse with a $5,000 check, despite knowing he did not have the funds to cover the transaction. He then made a $5,000 cash withdrawal from the account, the documents continue.

A Whitney employee contacted him days later with news that the $387,000 check was counterfeit and that must return the withdrawn $5,000. Fazande never returned the money, nor did he return any calls from Whitney, documents said.

Fazande was originally charged on November 22, 2017, but pleaded guilty Thursday (March 22). He now faces up to ten years in prison, followed by up to three years of supervision, and a $250,000 fine.

U.S. District Court Judge Nannette Jolivette Brown will hand down his sentence on June 28, 2018.

As of March 23, the day Fazande pleaded guilty to bank theft, he was eligible to practice law in Louisiana, according to the bar website. The Louisiana Bar Association did not immediately respond when asked if that status will be changed by the guilty plea.

Fazande has been a member of the Louisiana bar since 2000, but he was temporarily suspended from the practicing in June for failing to keep up with continuing education requirements, according the bar website.

View Comments (2)

His last name should have been Dumbass.

These things happen.

I guess the bright spot is that it was not client’s funds he was embezzling. Not a very bright spot, but what else is there? Better than an armed robbery, I guess. Jeepers!

One of my classmates embezzled ~$130,000 from a client. There are no words for that. He was married to another classmate, a darling woman who I believe is a very good lawyer.

You mean that Nigerian Cashiers check wouldn’t clear?

quote:

Originally posted by 220-9er:
You mean that Nigerian Cashiers check wouldn’t clear?

That's what I was thinking.

While not right to keep the money something else must be going on here?
If a deliberate scheme then it is obvious but if the transaction was in good faith but the money was just spent without a way to payback then seems the outcome and remedy would be different.

I think most state bars disbar upon conviction or a plea of guilty to anything much more than a traffic offense. Certainly to felonies.

quote:

Originally posted by jhe888:
I think most state bars disbar upon conviction or a plea of guilty to anything much more than a traffic offense. Certainly to felonies.

Yes, but after 5 years or so, the State Bar of California will let you back in, like it never even happened, assuming you have sinned no more, etc.

I know 3 like that. Astonishing. One was President of the County Bar for about 30 days or so until he was arrested for fencing stolen property! Aaaargggh!

quote:

Originally posted by smschulz:
While not right to keep the money something else must be going on here?
If a deliberate scheme then it is obvious but if the transaction was in good faith but the money was just spent without a way to payback then seems the outcome and remedy would be different.

In any case, he either was knowingly committing a criminal act or so incredibly dumb that he shouldn't be practicing law.
The fact that he could pass any states bar exam should mean he had enough mental capacity that he would have seen though any scam that inept.