FORFEITURE AND COMPENSATION AGREEMENT TO OUR GRACE

PERSONAL CARE SERVICES, LLC.

FORFEITURE AND COMPENSATION AGREEMENT TO OUR GRACE PERSONAL CARE SERVICES, LLC.

This Agreement is made on _____________ between Our Grace Personal Care Service, LLC of 11940 Bricksome Ave Ste D, Baton Rouge, LA 70816 and LaCeisha King who has acknowledged as follows;

____ I, LaCeisha King have agreed to the following terms;

____ I, LaCeisha King agree to leave Our Grace Personal Care Services LLC to operate “as is” with the change of information of the entire company to existing partners of the company.

____ I, LaCeisha King agree to Change all Information back over to the rightful owners Tyroyde Brown and Donna Brown and I forfeit over my 1% ownership in Our Grace Personal Care Services LLC, I also agree to sign an ownership disclosure agreement to that effect.

____ I, LaCeisha King agree to remove myself, give up all my rights from all accounts/medical licenses that are attached to Our Grace Personal Care Services LLC such as (established credit lines for the company to operate, the Louisiana secretary of State LLC that’s open for the company, all business bank accounts, payroll system, state medical licenses, NPI numbers, business Insurances, leases agreement, Utilities, business emails, care act plan grant, Duns and Bradstreet, SAMS, all Socials media, EIN and Etc.)

____ I, LaCeisha King take full responsibility for being the operating CEO over Jamesia Williams operating manager/ administrator over all Financials of Our Grace Personal Care Services LLC for the following years of 2020-2021.

____ I, LaCeisha King will not be able to perform any Solicitation of clients or employees in any kind of way or I would be in violation and any necessary legal actions would be taken such as charges filed against me & added to the solicitation list at the Department of Health & Hospitals.

____ I, LaCeisha King acknowledge that my Partnership Agreement between the partners Tyroyde Brown and Donna Brown has been violated, dishonored, breached due to my unlawfulness, Embezzlement of Our Grace Personal Care Services LLC Payroll system with the use of unauthorized funds, with the assistance of the operating Manager/ Administrator Jamesia Williams.

Parties agree that all financial documents & partnership agreements that have been breached by LaCeisha King will be attached to this agreement and Change of Information to all the rights to Our Grace Personal Care Services, LLC. These documents will be used as proof of all fraudulent activities committed by LaCeisha King and Jamesia Williams from the payroll system documents & all financials from 2020 to 2021 with their names, checking accounts, and all Financials amount from all unauthorized employees to defraud the payroll system. The following are the unauthorized employees that were added to the payroll system that were not active employees for the company in 2020-2021 who were used to embezzle funds from Our Grace Personal Care Services LLC:

  • 2020
  • Jacoby Nelson

Check (750.00)

Checking #0018 (5,500.00)(10,724.00)

Checking #0017 (20,699.90)

Unauthorized Amount- 37,673.90

  1. Jamesia Williams

Check (6,156.12)

Checking #2867 (45,547.04)

Checking #1719 (24,111.00)

Amount- 83,290.00

Salary – 65,000.00

Unauthorized amount : 18,290.00

  1. Brelln Cage

Checking #1719 (29,620.00)

Checking #6133 (2,400.00)

Unauthorized Amount – 32,020.00

  1. Lyndrell Varisa

Unauthorized Checking #5133 (1,100.00)

  • Jerron Henry

Unauthorized Checking #0018 (26,812.50)

  • A total of $115,605.00 USD is the total Unauthorized amount for the year 2020
  • 2021
  • Jacoby Nelson

Checking # 0017

Unauthorized Amount- 35,900.00

  1. Jerron Henry

Checking # 0018

Unauthorized Amount- 1,800

  1. LaCeisha King

Checking #0018 Amount- 111,455.00

Salary amount- 67,600

Unauthorized amount: 43,850.00

  1. Tyra Myles

Check (10,398.40 ) salary

Checking #0017 (2,800.00)

Checking #0018 (4,004.00)

Unauthorized Amount- 6,804.00

  • Lakeya Clark

Checking #5647

Unauthorized Amount- 8,008.00

  • Berlin Cage

Checking #6133 (28,850.00)

Checking #2867 (1,400.00)

Unauthorized Amount- 30,250.00

  • Jamesia Williams

Checking #2867 (4,567.20)

Checking #1719 (94,354.80)

Amount- 98,922.00

Salary – 65,000.00

Unauthorized amount: 33,922.00

  • LaKendra Lee

Checking #5212 (7,000.00)

Checking #1719 (1,500.00)

Unauthorized Amount- 8,500.00

  • A total of $169,038.60 USD is the total Unauthorized amount for 2021
  • The Total amount of Unauthorized funds was $284,643.60 USD from the payroll system.

___ I, LaCeisha King have the amount of $25,000 Audit from Elite insurance for turning fraudulent Financials saying the company made $50,000, defrauding the insurance company, willingly knowing Our Grace Personal Care service LLC made 2.2 million in 2021 which caused an audit of the financials, causing the company more harm & loss of interest.

___ I, LaCeisha King acknowledge that I owe one partner of Our Grace Personal Care Services LLC i.e., Tyroyde Brown $48,000.00 in a written agreed promissory note that established the business secured credit line account and that he must take full ownership of the established business secured credit line account for the business to run “as is”.

___ I, LaCeisha King take full responsibility for my wrongful and illegal actions on Our Grace Personal Care Services, LLC. I have agreed to pay the company back $309,643.60 USD due to all my fraudulent activities, losses, and harm that I have caused the company while under my control.

Louisiana Embezzlement Law.

When charged with embezzlement by the state of Louisiana, the actual language of your violation will read “theft by misappropriation without violence.” Revised Statute 14:67 (A) demonstrates a clear difference between embezzlement from other, more violent types of theft like armed robbery or burglary. There are three aspects to this law that the prosecution must prove to convict the defendant:

  1. The defendant took property without either victim’s consent or by way of fraudulent practices.
  2. The theft occurred without violence
  3. And the intention was to take the victim’s property permanently.

Proving all three of these conditions could result in a conviction, and the penalties are very harsh since embezzlement is usually a felony in the state of Louisiana. 

Penalties for Embezzlement in Louisiana;-

  1. A misdemeanor is possible if the total value of the stolen property is under $300. Still, the punishment is severe; one could face up to six months in prison and/or fines of up to $1,000.
  2. Theft convictions of this nature that demonstrated stolen property values of more than $300 will bring up to ten years in prison and/or a fine of up to $3,000.  

In addition to fines and jail time, punishments may also include:-

  1. Restitution
  2. Community service
  3. Job restrictions
  4. Loss of professional licensing and certifications
  5. Other sentences deemed appropriate by the court.

When a defendant faces embezzlement charges for multiple occurrences, each act will get counted separately, and the penalties added together. This could mean nearly a lifetime in prison for someone who gets convicted. If found guilty, one is also required to disclose their felony record when applying for employment or having a background check performed.  

Federal Charges for Embezzlement.

Many times this crime falls under federal jurisdiction as the theft occurred as a commercial transaction. Enforcement of national securities, trade, and exchange laws against embezzlement is a serious situation with severe consequences as well, which are similar to that of state punishments.  

Defendants often face charges from both state and federal government agencies, which means double the trouble, court case length, and attorney costs.

Misappropriation Without Violence §67. Theft;

  1. Theft is the misappropriation or taking of anything of value that belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.
  2.  
  3. Whoever commits the crime of theft when the misappropriation or taking amounts to a value of twenty-five thousand dollars or more shall be imprisoned at hard labor for not more than twenty years, or maybe fined not more than fifty thousand dollars, or both.    
  4. When the misappropriation or taking amounts to a value of five thousand dollars or more, but less than a value of twenty-five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than ten thousand dollars or both.           
  5. When the misappropriation or taking amounts to a value of one thousand dollars or more, but less than a value of five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or maybe fined not more than three thousand dollars or both.             
  6. When the misappropriation or taking amounts to less than a value of one thousand dollars, the offender shall be imprisoned for not more than six months or maybe fined not more than one thousand dollars, or both. If the offender in such cases has been convicted of theft two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars or both.

Louisiana Penalties/Laws of Solicitation of any clients or employees to cause harm to any active company by state laws:

Louisiana Expands its Non-Compete Statute in Favor of Companies By Jesse M. Coleman & Garreth DeVoe on August 19, 2020 POSTED IN LEGISLATION, NON-COMPETE ENFORCEABILITY, RESTRICTIVE COVENANTS.

In a strengthening of company contractual rights, the Louisiana Legislature recently expanded its state non-compete statute by permitting a corporation, partnership, or limited liability company to enter into agreements with their shareholders, partners, or members, respectively, that prevent them from becoming employees of a competing company under certain circumstances.

In Louisiana, an employment agreement may restrict an employee from engaging in a business similar to that of the employer so long as;-

  1. The non-compete agreement designates specific parishes, municipalities, and/or parts thereof within which the restriction applies,
  2. The employer conducts a similar business therein, and
  3. The duration of the restriction does not exceed two years.

Further, an agreement between a corporation, partnership, or limited liability company and their shareholders, partners, or members, respectively, may prevent the shareholders, partners, or members from owning a portion of a competing business so long as the agreement satisfies the same three aforementioned requirements.

Prior to the recent amendment, which took effect on August 1, 2020, Louisiana’s statute did not explicitly permit agreements restricting shareholders, partners, or members from becoming employees of competing companies. Significantly, the recent amendment now permits agreements between a corporation, partnership, or limited liability company and their shareholders, partners, or members, respectively, that prevent them from becoming employees of a competing company.

In passing the amendment, the Louisiana Legislature has provided companies with additional protection to be added into their non-compete agreements. Specifically, Louisiana Revised Statute Section 23:921 now provides as follows:

A.(1) Every contract or agreement, or provision thereof, by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, except as provided in this Section, shall be null and void. However, every contract or agreement, or provision thereof, which meets the exceptions as provided in this Section, shall be enforceable.

C. Any person, including a corporation and the individual shareholders of such corporation, who is employed as an agent, servant, or employee may agree with his employer to refrain from carrying on or engaging in a business similar to that of the employer and/or from soliciting customers of the employer within a specified parish or parishes, municipality or municipalities, or parts thereof, so long as the employer carries on a like business therein, not to exceed a period of two years from the termination of employment.

D. For the purposes of Subsections B and C of this Section, a person who becomes employed by a competing business, regardless of whether or not that person is an owner or equity interest holder of that competing business, may be deemed to be carrying on or engaging in a business similar to that of the party having a contractual right to prevent that person from competing.[J, K, and L] A corporation [, partnership, or limited liability company] and the individual shareholders[, partners, or members] of such corporation[, partnership, or limited liability company] may agree that such shareholders[, partners, or members] will refrain from carrying on or engaging in a business similar to that of the corporation[, partnership, or limited liability company] and from soliciting customers of the corporation[, partnership, or limited liability company] within a specified parish or parishes, municipality or municipalities, or parts thereof, for as long as the corporation[, partnership, or limited liability company]  carries on a similar business therein, not to exceed a period of two years from the date such shareholder[, partner, or member] ceases to be a shareholder[, partner, or member]  of the corporation[, partnership, or limited liability company] …”

Key Takeaways;

  • Beginning August 1, 2020, Louisiana’s recently revised non-compete law permits a corporation, partnership, or limited liability company to enter into agreements with their shareholders, partners, and members, respectively, that prevent them from becoming employees of a competing company under certain conditions.
  • This type of agreement is allowable in addition to agreements preventing shareholders, partners, and members from owning portions of a competing business under certain conditions.
Signed by: Owners of Our Grace Personal Care Service, LLC.____________________  _____________________Tyroyde Brown                Donna BrownDate: __________________________________Email Address: _________________________Tel No.: ________________________________ Signed By: ______________________                         Laceisha King Date: ___________________________Email Address: __________________Tel No.: _________________________

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