Liberty Fence’s James Saizan (foreground) with attorney Kim Landry.
Whether or not to charge James Saizan of Liberty Fence & Supply criminally…it is an ongoing discussion. Louisiana’s Licensing Board for Contractors investigators insist that Saizan violated Revised Statute 37:2163, Engaging in business of contracting without authority prohibited; penalty (see below) and should be charged. Those investigators referred the matter to local authorities tasked with making the ultimate decision since the “district attorney in whose jurisdiction the violation occurs shall have sole authority to prosecute.”
In November the Board fined Saizan for six separate violations of its licensing requirements, all related to work done for the City of Gonzales. During Saizan’s hearing it was determined that he acquired a “specialty fence” license on October 22, 2009 which lapsed on October 22, 2012. Saizan worked without a license of any kind until March of 2025.
A. (1) It shall be unlawful for any person to engage or to continue in this state in the business of contracting, or to act as a contractor as defined in this Chapter, unless he holds an active license as a contractor in accordance with the provisions of this Chapter.
B. It shall be sufficient for the indictment, affidavit, or complaint to allege that the accused unlawfully engaged in business as a contractor without authority from the board.
C. (1) Anyone found to be in violation of this Section shall be guilty of a misdemeanor and, upon conviction, shall be fined a sum not to exceed five hundred dollars per day of violation, or three months in prison, or both.
(2) Notwithstanding any action taken by the board, any person who does not possess a license from the board and violates any of the provisions of this Section, and causes harm or damage to another in excess of three hundred dollars, upon conviction, shall be fined not less than five hundred dollars nor more than five thousand dollars, or imprisoned, with or without hard labor, for not less than six months nor more than five years, or both.
D. The district attorney in whose jurisdiction the violation occurs shall have sole authority to prosecute criminal actions pursuant to this Section.
The Board already determined that Saizan “engaged in business as a contractor without authority from the board.”
Licensing Board for Contractors dings Liberty Fence on six charges | Pelican Post – Online Newspaper
The City of Gonzales paid more than 230 Liberty Fence invoices from the beginning of 2023 through January 7, 2025, Mayor Tim Riley’s first day on the job. Riley killed the relationship, which dates back to 2010, within a few weeks.
Louisiana’s Code of Criminal Procedure establishes time limitations for instituting charges. C.Cr. P. Article 572. “No person shall be prosecuted, tried, or punished for an offense not punishable by death or life imprisonment, unless the prosecution is instituted within the following periods of time after the offense has been committed:
(1) Six years, for a felony necessarily punishable by imprisonment at hard labor.
(2) Four years, for a felony not necessarily punishable by imprisonment at hard labor.
(3) Two years, for a misdemeanor punishable by a fine, or imprisonment, or both.
(4) Six months, for a misdemeanor punishable only by a fine or forfeiture
Number (3) is the best that Saizan can hope for if the Board investigators convince the local authorities to pursue charges. Application of R.S. 37:2163(C)(1)’s misdemeanor language would expose Saizan to over 150 counts going back to June of 2024, within the two-year time limit.
“The administration certainly wants to see Mr. Saizan held accountable for every violation of the law he committed, be it in civil or criminal court,” said Wade Petite, Mayor Riley’s Chief of Staff. “We wanted to sue Liberty Fence over a year ago, but the City Council would not authorize it. You’d have to ask Kirk Boudreaux, Tyler Turner and Terri Lambert why they refused.”
Coincidentally, Petite is the topic of a Special Council meeting scheduled for 7:00 a.m. this morning to “discuss” the “MVA” (motor vehicle accident) he was involved in last week. The incident occurred in the City Hall parking lot when his vehicle backed into a large truck employed by Entergy to replace power poles. Petite was issued a citation for Hit and Run Driving, a charge he intends “to vigorously contest at my July 8 court date.”
“Like Mr. Saizan, I am entitled to that day in court. I like my chances a lot better,” the former criminal defense attorney quipped. “Saizan caused harm or damage to the City of Gonzales well in excess of $300 and I cannot conceive of any reason that he is not charged under the felony provisions of the pertinent statute.”
Petite provided invoices evidencing “payments for repairs to Liberty Fence’s shoddy workmanship.” Two invoices totaled approximately “$10,000 to fix items for which Mr. Saizan invoiced the city over $25,000. It demonstrates beyond any reasonable doubt that Mr. Saizan egregiously overcharged the city.”
“Saizan admitted as much in his March 10 deposition. He claimed that the city engaged him for seven separate jobs, each one to pour 200 feet of sidewalk at Municipal Park for $41,000 apiece. He explained four pairs of sequential invoices in the amount of $20,500…
- Nos. 1505/1506 dated July 15, 2024
- Nos. 1519/1521 dated August 5, 2024
- Nos. 1526/1527 dated August 19, 2024
- Nos. 1565/1566 dated September 17, 2024.
because he couldn’t pour the entire 200′ at one time. It just so happened that all those spilt jobs were 100′ long. “
New sidewalk at Gonzales Municipal Park, since replaced.
“We’d have gotten much more from Saizan’s barely coherent deposition if the City Attorney had pressed him even a little bit,” Petite opined.
The city engaged a separate company to redo over 100 feet of Liberty Fence sidewalk that “was crumbling and posed a dangerous condition. We paid that company less than $10,000 which means that Saizan marked up the actual cost by approximately 250%.” Petite added that the pour was less than the standard 4 inches thick, without mesh or wire installed for stability.
What’s the going rate for sidewalk if you’re not Jimmy Saizan (we googled it)? “Installing a standard 200-square-foot concrete walkway costs between $1,200 and $2,400, with an average of $1,800. (Forbes Magazine article entitled, How Much Does It Cost to Install a Concrete Sidewalk or Walkway? (dated September 4, 2024). 200′ of sidewalk comes to 800 square feet ($4,800-9,600).
Other sources put the cost range at $6-12 per square foot. ($4,800-9,600 for 800 square feet).
“The City of Gonzales paid Liberty Fence $41,000 which comes to approximately $51.25 per square foot. City personnel who allowed it to happen in 2024 should not be absolved,” the Chief of Staff asserted. “That includes to multi-term council members tasked with co-signing every check issued to Liberty Fence.”
Certain employees positioned to curtail Liberty Fence excesses left the city’s employee at the end of 2024. Mayor Riley took away check-signing authority from Kirk Boudreaux and Tyler Turner in July. Why Councilman Turner possessed it in the first place is mystifying considering alleged past financial indiscretions.
Any further corrective action appears to be in the hands of local legal authorities who have declined to comment.
James Saizan did comment, suggesting that your writer perform an act to himself which would be very difficult anatomically if not impossible. then threatening a beating if our paths ever cross.
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