Pinecrest Federal Defense Lawyer

Fraud cases in Pinecrest FL

In legal terms, the term “fraud” generally refers to the act of deceiving someone with the goal of illegally obtaining something of value.  There are several different types of fraud. Some examples include:

• bank fraud
• mortgage fraud
• insurance fraud
• healthcare fraud
• mortgage fraud
• Paycheck Protection Program (PPP) Loan fraud

PINECREST PPP LOAN FRAUD CASES

Defendants who are facing a fraud charge may be sentenced to multiple years in federal or state prison and ordered to pay hefty fines. In recent years, the federal government has cracked down on investigating and prosecuting individuals who may have engaged in PPP loan fraud. Because the Small Business Administration, a federal government agency, operated the PPP loan program, PPP loan fraud is a federal crime. Individuals who have been contacted regarding PPP loan fraud in Pinecrest should immediately retain a Florida defense lawyer who also handles federal crimes.

FRAUD CHARGES UNDER FLORIDA LAW

Florida’s statutes formally refer to fraud offenses as Scheme to Defraud. A scheme to defraud is a systematic, ongoing course of conduct with the intent to defraud or with the intent to obtain property from someone by false pretenses, promises, representations, or a willful misrepresentation of a future act. State law classifies fraud cases into two categories: organized fraud and communications fraud.

A scheme to defraud is a misdemeanor offense if the scheme involves less than money or goods valued at less than $300. However, Florida courts may calculate the aggregate amount of the money or goods the fraudster illegally received from multiple victims. Therefore, several small schemes to defraud may be charged under the organized fraud statute and lead to a felony charge if the aggregate value exceeds $300.

THE COMMUNICATIONS FRAUD ACT PASSED BY FLORIDA’S LEGISLATURE

An individual may be charged with fraud whether or not the individual actually receives money or property through the scheme. Florida’s Communications Fraud Act allows prosecutors to charge individuals with fraud if they use specific methods of communication to further a scheme. An individual may be charged with communications fraud if he or she uses any of the following in an effort to defraud someone:

• phone
• internet
• email
• Fax
• social media
• radio
• mail

Prosecutors are not required to prove the defendant actually received money or property as a result of advancing the fraudulent scheme. The act of communicating with potential victims with the intent to defraud is sufficient to convict a defendant on a communications fraud charge.

Ponzi Schemes in Pinecrest

Ponzi schemes make for sensational headlines. Unfortunately, they also victimize everyday people who are looking for ways to invest their money. The telltale sign of a Ponzi scheme is an investment that is often presented as the financial industry’s best-kept secret. Fraudsters present charts and diagrams to convince potential victims that investing will all but guarantee an unusually high rate of return on the money the victims invest. Instead of actually investing the money the scheme’s victims have entrusted to the fraudulent investor, the fraudster uses the money to attract more victims, continue the scam, and fund his or her typically extravagant lifestyle. Ponzi schemes are sometimes more difficult to identify because some people may have difficulty distinguishing the scheme from a multi-level marketing program.

Early investors are generally able to withdraw what appears to be returns on their investment. Ponzi schemers deliberately pay fake returns to the first victims to create the impression that the investment opportunity is real. Paying some of the victims also encourages early investors to recruit other people they know to become potential victims themselves and unknowingly keep the scheme going. Eventually, the fraudster will stop paying returns to the investors, and no longer respond to communication from the victims. By the time the victims realize they can no longer reach the fraudulent investor, the scammer has typically left town and canceled his or her related phone numbers and email accounts.

INVESTIGATED FOR PONZI SCHEME ALLEGATIONS

It is not uncommon for a criminal investigation to expand beyond the main actor who advances a Ponzi scheme. Fraudsters will often have an office with administrative assistants and other people who work for the fraudster and create a sense of legitimacy in the illegal operation. Employees who work for illegal businesses are not always aware of the criminal nature of their employer’s conduct. Nevertheless, investigators may still want to interview the employees to determine how much they knew about the scheme. In some instances, an employee may be wrongfully charged. Individuals who have been requested to have a conversation with law enforcement about a criminal investigation should first consult a Pinecrest defense lawyer.

Embezzlement in Florida

Embezzlement is a type of theft. The main element of embezzlement that differentiates it from other types of theft is the existence of a fiduciary relationship. For example, a grocery store entrusts the cashiers who work at the store with the store’s customer transactions. If a cashier pockets some of the cash from the cash register for personal use, the cashier may be accused of embezzlement. Large-scale embezzlement involves government officials who divert public funds to their own personal or business accounts, investors who keep their clients’ money for themselves, and corporate leaders who take unauthorized withdrawals from the company’s financial accounts.

Although Florida’s statutes do not specifically have an embezzlement law, the state prosecutes embezzlement cases under Florida’s general theft law. Moreover, embezzlement cases that involve criminal activity in multiple states, a government agency or official, or government property may also be adjudicated in federal court.

Pinecrest racketeering charges

The topic of racketeering has recently experienced a resurgence in media headlines. From government officials to celebrities in the entertainment industry, virtually anyone can be charged for racketeering if he or she is in close enough proximity to a criminal enterprise. Florida’s racketeering act is in many ways similar to the federal Racketeering Influenced and Corrupt Organizations (RICO) Act of 1970. However, Florida’s statute has a few key differences. Under the state RICO Act, prosecutors may charge the members of a criminal enterprise all at once. Florida’s RICO Act also specifically addresses racketeering activity that exploits the elderly.

Like the federal statute, Florida’s racketeering law, the state must prove the defendant engaged in at least two examples of “racketeering activity.” The state RICO statute includes an extensive section that specifies crimes that qualify as racketeering activity. Some examples of racketeering activity include:

• illegal gambling-related offenses
• drug-related offenses, including drug counterfeiting
• tax evasion
• public assistance fraud
• crimes committed by accessories after the fact
• homicides
• assault and battery
• kidnapping
• human trafficking
• activities related to gangs
• arson and criminal mischief

Unlike most other white collar crimes, some racketeering cases do involve violent offenses. Florida’s racketeering law is written so comprehensively that most crimes a member of a criminal enterprise may commit is likely to meet the definition of racketeering activity.

White collar crimes defense lawyer in Pinecrest FL

If you or someone you know is facing a white collar criminal charge in Pinecrest FL, Joffe Law can help. Our Florida criminal defense attorney has represented defendants in complex white collar cases in both state and federal court. We understand the importance of protecting the rights of people who have been accused of a serious crime. We stand by the phrase “innocent until proven guilty,” and we protect our clients at every turn.

Contact Joffe Law to learn more about our track record in Pinecrest FL white collar criminal cases. A member of our team will schedule a time for us to conduct a confidential case evaluation.

Frequently Asked Questions

Are the penalties for white collar crimes less severe than the sentences for other crimes?

White collar offenses are often glamorized. However, people who are convicted for white collar offenses receive prison sentences that are as long as the sentences for drug crimes and other offenses. There is nothing glamorous about going to prison and having a criminal record.

How can defendants be charged in federal and state court for the same crime?

The Constitution’s double jeopardy clause prohibits prosecutors from charging someone for the same suspected crime twice. However, the state and federal court systems are completely separate. Therefore, if both the federal and the state government have jurisdiction over a crime, the defendant may face state and federal charges that arise from a single incident.

Can the people who unknowingly work for a criminal enterprise be arrested and charged?

Yes. Criminal enterprises often use the services of friends, family members, associates, and employees to advance their schemes. Oftentimes, the people who are involved may legitimately believe they are helping someone they know with a favor or working for a legitimate business. If a law enforcement agency conducts an investigation, the police will likely want to speak to the people who work with the members of the enterprise. If the investigation involves a raid, the police may arrest everyone who appears to have some level of involvement and sort out the details later. We recommend contacting a Pinecrest criminal defense lawyer who specializes in white collar crimes if you suspect you may have unknowingly participated in a criminal enterprise.