Louisiana Legislative Auditor
Daryl G. Purpera, CPA, CFE

October 3, 2016

Improper Loans, Mishandled Funds Found During Audit of Jefferson Parish Justice of the Peace

Justice of the Peace Patrick Hale DeJean, Jefferson Parish Second Justice Court, appears to have obtained unauthorized bank loans, improperly used those loans, and misstated the court’s financial position and his salary, the Legislative Auditor said in a report released today. In addition, the state auditor said, the Justice of the Peace appears to have mishandled and misused garnishment proceeds, as well as improperly used a special deputy constable.

Investigative auditors also found that Antoine “Tony” Thomassie, former Constable for the Second Justice Court, may have improperly received benefits from an association he founded, and that he misstated his office’s expenses in sworn financial statements filed with the Legislative Auditor. The audit showed as well that the former Clerk of Court for the Second Justice Court appears to have collected more than $12,000 in improper garnishment fees for herself.

The investigative audit was conducted after the Legislative Auditor received complaints from the Metropolitan Crime Commission and others. While the audit was finished more than a year and a half ago, its release was delayed by court proceedings filed by the Justice of the Peace, who argued that the LLA had no authority to conduct the audit.

Auditors found that some of the borrowed funds were used by Justice of the Peace DeJean for non-business purposes, including ATM withdrawals at casinos. In addition, if the loans had not been deposited into the court’s operating accounts, the accounts would have been overdrawn on several occasions. State law does not allow a justice of the peace to borrow money, make a loan, or incur debt. Further, even if he had such authority, he would have been required to get State Bond Commission approval before borrowing any money, and he did not do so.

The investigation also showed that the Justice of the Peace handled garnishment payments even though the law requires that constables receive the payments and disburse them to the appropriate creditors. Auditors found that $208,196 in garnishment payments were deposited into the court’s operating accounts between January 2011 and March 2014, but only $102,608 was forwarded to creditors.

During their investigation, auditors determined that Justice of the Peace DeJean filed financial statements with the bank that had different numbers compared to the ones he filed with the Legislative Auditor’s office even though they covered the same time period. In addition, the Justice of the Peace misstated the amount of his salary to the bank, the Legislative Auditor’s office, and the Louisiana Supreme Court.

In the case of Constable Thomassie, auditors found that between January 2006 and December 2013, members of the Second Justice Court Deputy Constables Association paid at least $96,770 in initial fees and monthly dues. Constable Thomassie established the association within two years after his election in 1987. In exchange for their fees and dues, members were named deputy constables and given what appear to be official badges and credentials. Records showed that the Constable received at least $17,575 in direct benefits from the association between 2010 and 2013, including campaign contributions and donations of gifts to various organizations and individuals. Receiving such benefits is a violation of state law.

In addition, the audit found that Ms. Danita Turnage, former Clerk of Court for the Second Justice Court, who also managed the garnishment process for the Constable, added a $5 accounting fee to original garnishment judgments and collected the money for herself. Such a fee is not allowed under state law. Auditors determined that between 2009 and July 2011, the former Clerk appears to have paid herself $12,630 in excess of the allowable fees.

For more information contact:

Legislative Auditor
225.339.3800



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Office of the Louisiana Legislative Auditor | www.LLA.La.gov