Hollywood Federal Defense Attorney

Federal white collar crimes in Hollywood FL

White collar offenses are generally motivated by the desire for illegal financial gain or to illegally receive goods or services. In some cases, a white collar crime may be motivated by the desire to illegally influence a person who is in a position of authority. Some examples of white collar offenses are:

• fraud
• Ponzi schemes
• embezzlement
• racketeering

We represent Hollywood FL residents in an array of white collar criminal cases. Call us to learn more about our track record in federal white collar criminal defense.

FRAUD CHARGES IN HOLLYWOOD FL

There are several different types of fraud. Within the legal context, the term “fraud” refers to an intentional deception the offender makes with the intent to illegally receive something of value. Common types of white collar offenses we see in South Florida include:

• bank fraud
• PPP loan fraud
• mortgage fraud
• Medicare fraud

Bank fraud refers to any type of fraud that involves any financial institution, even if the financial institution does not meet the traditional definition of a bank. Victims of bank fraud can be the financial institution, banking customers, or a business. Examples of bank fraud include:

• credit card fraud
• account takeover
• phishing
• ATM card skimming

PPP loan fraud describes various deceptive schemes that came about during the COVID-19 pandemic when the federal government rolled out the Payment Protection Program. The program fast-tracked the process of extending loans to businesses in the U.S. that were impacted by shelter-in-place orders and other disruptions caused by the global pandemic. PPP loans were primarily intended to help businesses cover payroll expenses and prevent disruptions from impacting business employees. Fraudsters applied for funding for fictitious businesses, falsified financial documents, and engaged in other deceptive acts, whether working with the federal government as vendors to facilitate the program or applying for a loan as a business entity. Now that the pandemic is behind us, the federal government has increased its investigations and prosecution of suspected PPP loan fraud cases.

Mortgage is an intentional deception that occurs during the mortgage loan process. There are two types of mortgage fraud: fraud for housing and fraud for profit. Both types of mortgage fraud occur in Hollywood and communities across Florida. Fraud for housing happens when a mortgage loan applicant provides false information on a mortgage application. Applicants who falsify information typically do so with the intent to get approved for a mortgage loan for which the applicant may not have otherwise qualified, getting better financing terms on a mortgage loan, or qualifying for a larger mortgage loan amount. In some cases, real estate investors use straw buyers, who misstate their purpose for applying for the mortgage loan with the intent to get more favorable financing terms. Fraud for profit occurs when mortgage industry insiders, such as real estate agents, appraisers, and mortgage loan officers, collude together to obtain an illegal profit in a real estate transaction.

Medicare fraud is a specific type of mortgage fraud that targets the government-funded Medicare program. The Medicare program provides health insurance to seniors and people who have certain disabilities. Perpetrators of Medicare fraud are most often medical service providers and companies that manufacture and sell medical supplies and devices. Some common Medicare fraud strategies include:

• double billing
• phantom billing
• unbundling
• upcoding

An investigation into Medicare fraud typically begins with an audit notice. If a federal agency has contacted you regarding a pending Medicare audit, contact us. A Hollywood federal defense lawyer who understands the Medicare audit process can help you prepare and potentially avoid criminal liability.

HOLLYWOOD FL PONZI SCHEMES

Ponzi schemes often appear to be legitimate financial investments. In reality, the schemer takes the money victims intend to invest and uses the money to fund the schemer’s lavish lifestyle. Others who see the victim’s fabricated illusion of wealth are more inclined to believe the scheme is a legitimate investment opportunity.

Telltale signs of a Ponzi scheme are the promise of an unusually high rate of return with minimal risk to the investor. In the beginning, the scammer may even allow victims to make withdrawals, and victims may receive what appears to be legitimate statements that show the returns as promised. Eventually, the scammer typically ceases contact with the victims, and the victims discover they have been scammed when they are no longer able to get in touch with the person who operates the Ponzi scheme.

Ponzi scheme operators often have legitimate finance industry credentials. They may go to such great lengths as to hire a staff and rent office space to create the impression that the operation is legitimate. When a federal law enforcement agency investigates a Ponzi scheme, employees may also be investigated and potentially charged with a federal white collar crime. If you believe you may have unintentionally been involved in a Ponzi scheme or other criminal activity, protect yourself by retaining your own Hollywood federal defense lawyer.

EMBEZZLEMENT UNDER FEDERAL LAW

Embezzlement is a type of theft in which the offender owes a fiduciary duty to the victim. The offender uses his or her position of trust to convert the victim’s property and deprive the victim of the enjoyment of his or her own property. Federal prosecutors use 18 U.S. Code Chapter 31 to prosecute embezzlement cases. Chapter 31 references different types of embezzlement cases, including:

• Section 641, which prohibits stealing, gambling, or knowingly converting anything that is of value to the federal government for the offender’s use or to the use of someone else
• Section 656, which addresses theft, embezzlement, or misappropriation by officers, directors, agents, or employees of banks
• Section 669, which prohibits theft or embezzlement in relation to healthcare

Penalties for federal embezzlement charges depend on the value of the property the defendant embezzled and the applicable section of the law the defendant violated. Under Section 641, if the value of the property exceeds $1,000, the maximum sentence for embezzlement is 10 years in prison. The maximum sentence in embezzlement cases that are prosecuted under Section 669 is also 10 years in federal prison. The maximum penalty under Section 656 is 30 years in prison and up to $1,000,000 in fines. Defendants who are convicted for embezzling money from a bank may also be ordered to pay restitution on top of paying the maximum in fines.

Federal racketeering cases in Hollywood FL

Federal racketeering cases are prosecuted under the federal Racketeering Influenced and Corrupt Organizations (RICO) Act of 1970. Racketeering is the act of operating or participating in a criminal enterprise. Examples of criminal enterprises include:

• Gambling rings
• Prostitution rings
• Human trafficking organizations
• Drug trafficking organizations

To establish a racketeering charge, a prosecutor must prove the defendant was involved in a criminal enterprise and committed at least two related criminal acts that establish a pattern of racketeering. If you have been accused of having involvement with racketeering, contact a federal defense lawyer in Hollywood FL.

Federal drug trafficking charges

Drug trafficking is one of the most aggressively prosecuted crimes in the federal court system. An individual may be charged for trafficking a controlled substance under federal law if he or she:

• sells
• provides
• distributes
• delivers
• otherwise distributes an illegal controlled substance
• possesses an illegal controlled substance in the minimum threshold quantity

Federal drug trafficking charges often have mandatory minimum sentences. Mandatory minimum sentencing guidelines require judges to automatically sentence convicted defendants to a specified minimum sentence in prison. The judge may also sentence the defendant up to the maximum penalty.

Federal child pornography laws

Child pornography cases very often implicate federal jurisdiction. Whether the offender stored child pornography on a laptop that was manufactured in another state or if the offender uploaded child pornography to a server that is located in another country, federal courts would likely rule that both cases involve federal matters. Similar to federal drug charges, federal child pornography charges also have mandatory minimum sentences in many cases. If you have been falsely accused of a federal child pornography offense in Hollywood FL, you need a Florida child pornography defense attorney.

Federal sex crimes

A sex crimes accusation can directly affect your personal reputation and your career. Even if you are proven not to have any involvement with a sex offense, being accused can have a lingering effect. Retaining your own federal sex crimes defense lawyer immediately upon learning that you may be a person of interest in a sex crimes case can mitigate the damage a wrongful accusation may cause. Our Hollywood federal sex crimes defense lawyer represents people who have been named in federal and state sex crimes cases in Florida. Contact us if a law enforcement agency has requested an interview with you regarding a sex crime.

Federal defense lawyer in Hollywood FL

Joffe Law is a leading federal defense law firm in Hollywood FL. If you have been accused of a federal offense, contact our talented team to request a case evaluation.