Kendall Federal Defense Attorney

Federal crimes in South Florida

South Florida is fertile ground for many illegal industries. From drug trafficking to real estate fraud and human trafficking, the region’s diverse population, attractive lifestyle, and affluent communities attract people who are looking to run their next scheme. Some of the most common white collar offenses we handle in Kendall FL and throughout Miami-Dade County are:

• white collar crimes
• drug offenses
• human trafficking
• sex crimes

We represent people who are under investigation as well as defendants who are at various steps in the federal criminal court process. Contact us if you have legal trouble that may lead to a federal charge.

White collar crimes in Kendall FL

Back in the 1930s, when a criminologist coined the term “white collar crime,” people who worked in a business professional capacity were mainly the culprits of white collar offenses. The term “white collar” refers to the office-appropriate wardrobe most perpetrators of white collar crimes wore. Today, white collar criminals can come from virtually any occupational background. Most white collar offenses are motivated by finance, and they are usually non-violent offenses. Examples of white collar crimes are:

• fraud
• embezzlement
• racketeering
• money laundering

Most white collar charges follow an extensive investigation If you suspect you may be under investigation for a white collar offense, retain a capable Kendall FL federal defense lawyer. You don’t have to wait until you have been charged criminally to retain a lawyer.

KENDALL FL FRAUD CHARGES

Fraud is a catchall term that refers to any deceptive scheme that is motivated by the objective to receive money or anything else that is of value through the scheme. Strategies fraudsters use to operate their deceptive schemes continues to evolve with technology though some traditional strategies are still used today. Common examples of fraud are:

• bank fraud
• mortgage fraud
• insurance fraud
• PPP loan fraud

Bank fraud encompasses any fraudulent scheme against a financial institution. Prior to the widespread availability of digital technology, fraudsters used more tangible strategies to defraud banks, businesses, and their customers. Similar to today, criminals who wanted to gain access to a potential victim’s financial accounts had to find a way to get the victim’s account information. Robbing, pickpocketing, burglary, and mail theft were common means of getting access to bank and credit card customers’ information that can be used to access the customers’ accounts, conduct transactions, and open new accounts in the victims’ names.

Mortgage fraud refers to any intentional misrepresentation an individual makes during the mortgage loan process. There are two types of mortgage fraud: fraud for profit and fraud for housing. Fraud for profit schemes most often involve real estate insiders who use their professional knowledge and position to receive an illegal profit. For example, real estate professionals engage in mortgage fraud when they work together to illegally inflate the value of a property for the purpose of selling the property at a higher price. Fraud for housing occurs when someone intentionally provides false information on a mortgage loan application. The objective in fraud for housing schemes is to obtain a better rate on a mortgage loan, receive loan approval, or qualify for a larger mortgage loan. Investors engage in fraud for housing when they use straw buyers to pretend they are interested in purchasing a property to use as a personal residence. The bank extends a more favorable rate to the applicant based on the stated purpose. After the straw applicant closes on the property purchase, the applicant transfers the property to the investor, who takes advantage of the better rate the false applicant received.

Insurance fraud occurs in many different forms. Insurance agents engage in fraud by collecting premium payments from their customers and diverting the customers’ payments to a personal account. Customers defraud insurance companies when they file false claims for events that never happened or by overstating the value of the damage a real event caused. Fraudulent salespeople engage in insurance fraud when they induce customers to purchase fake insurance products from what appears to be real, reputable insurance companies or what appears to be a real, legitimate type of policy from a fictitious insurance company.

During the global COVID-19 pandemic, the federal government rolled out a fast-tracked system through which businesses could apply to receive emergency loans to cover payroll expenses. To help process the loan applications and disbursements faster, the federal government authorized private companies to accept loan applications. The hurried process and the various third party loan processors left the federal government vulnerable to fraud. It is estimated that the federal government lost approximately $60 billion to PPP loan fraud. With the pandemic now behind us, the federal government is now prioritizing prosecuting individuals and organizations that defrauded the PPP loan program by falsifying documents, providing false information, and claiming fictitious businesses.

We represent defendants in a variety of federal white collar cases. Contact our talented team to learn more about the types of white collar criminal cases we handle.

KENDALL FL EMBEZZLEMENT CASES

Embezzlement is a type of theft that occurs when a person who is in a position of trust uses the position to defraud the individual or business relies on the trusted person. For example, a cashier engages in embezzlement if she takes cash for personal use from her employer’s cash register without authorization. Other examples of trusted positions are:

• corporate and nonprofit executives
• club officers
• parking attendants
• estate managers

To establish a charge of embezzlement, the prosecutor must prove the defendant held a trusted position and the defendant intentionally deprived or tried to deprive the victim of the enjoyment of his or her own property. A defense attorney may challenge an embezzlement case by providing evidence of the defendant’s intent to return the property or the defendant’s belief that he or she had authorization to take the money or property.

SOUTH FLORIDA RACKETEERING CHARGE

Racketeering is a white collar crime that tends to dominate media headlines when the police announce a major federal investigation. Under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act of 1970, members of criminal enterprises may be charged with a criminal offense if they engage in a pattern of racketeering activity. Some examples of criminal enterprises include:

• illegal casinos/gambling rings
• loan sharking
• money laundering operations
• prostitution rings
• extortion rings

The federal RICO law includes a lengthy list of offenses that may establish a pattern of racketeering if they occurred in relation to the criminal enterprise. In addition to being related to the criminal enterprise with which the defendant is accused of being involved, the racketeering activity is required to have taken place on at least two occasions within the federal statute of limitations.

SOUTH FLORIDA MONEY LAUNDERING CASES

Money laundering is the process criminals use to conceal the illegal activity through which they receive monetary proceeds. The money laundering process often involves large networks of people, some of which work closely together within the same criminal enterprise and others who have a loose affiliation with the crime ring.

The money laundering process occurs in multiple stages. Each stage is intended to make it more confusing for anyone who tries to follow the money trail to trace the illegal proceeds back to their origins. When a law enforcement agency investigates a money laundering case, the investigation may include people who are in close proximity to the business enterprise. Having a seasoned Florida defense lawyer can protect you from wrongful criminal charges.

Drug crimes in South Florida

South Florida is a major international hub for drug trafficking. Florida also has a high rate of illegal prescription drug activity. As a result, federal law enforcement agencies focus intensely on Florida when it comes to monitoring, investigating, and prosecuting drug crimes. Defendants who are facing a federal drug charge require the legal advocacy and representation by a skilled federal drug crimes lawyer. We represent people in Kendall FL who have been charged with:

• drug trafficking
• drug possession
• drug distribution
• maintaining a property for a drug-related purpose

Drug crimes are often prosecuted in state and federal court. Therefore, defendants who are charged in a federal and state court can potentially be sentenced twice for violating laws in both criminal court systems. Because the federal and state court systems operate independently at the trial stage, a defendant can be convicted on state and federal charges for the same incident without the convictions violating the double jeopardy clause.

Florida human trafficking investigations

There are two types of human trafficking: labor trafficking and sex trafficking. Both types of human trafficking occur in Florida. Labor trafficking victims are most often brought into Florida from another country. They are forced to work for minimal to no wages in industries like manufacturing, agriculture, and hospitality. Labor traffickers commonly lure victims to Florida by promising legitimate employment opportunities, immigration sponsorship, and other benefits that would allow the victims to provide for their families and get on their feet in a new country. When the victims arrive, traffickers transport the victims to a location at which the traffickers may implement violence, threats to the victims and their family members, and confiscating the victims’ travel documents to discourage the victims from leaving. Traffickers also often use fictitious financial debts to make victims believe they must first work off the debt before they can leave the trafficking situation.

Sex trafficking victims often work in massage parlors, adult entertainment videos, and even in hotels and motels. Similar to labor traffickers, sex traffickers use violence, deception, psychological abuse, and threats to prevent victims from leaving.

Kendall FL sex crimes

Sex crimes can happen in any environment. Because sex offenses often happen secretively, determining the identity of the perpetrator is often challenging. An individual may be wrongfully accused of a sex crime for several reasons, some of which are:

• someone falsely identified the defendant
• someone is blackmailing the defendant
• the defendant is involved in a contentious legal case such as a divorce or custody battle
• the accuser has a mental condition that led to his or her accusation of the defendant

We represent defendants who are facing a sex crime allegation in Kendall FL and surrounding areas. Our sex crimes defense lawyer can help you protect your reputation and clear your name if you have been wrongfully accused of a sex offense in Florida.

Kendal FL federal crimes defense attorney

Whether you are under investigation or if you have been charged with a federal crime, it is never too early to consult a Florida defense attorney who specializes in federal cases. Call Joffe Law today to receive a case evaluation.