Homestead White Collar Crime Lawyer
Powerful defense against state & federal criminal charges
White collar crime often receives a glamorous portrayal that appeals to people from all walks of life, including some military service members. Behind the lucrative schemes and lavish spending sprees that are often associated with the biggest criminal enterprises lurks the looming possibility of going to prison. Not only do members of the military who engage in white collar crime have to answer to the military court system, but they can also be prosecuted in state and federal civilian courts. Moreover, the people who are in close proximity to white collar schemes may also be investigated and charged. If you are accused of a white collar crime in Homestead FL and you fear your military career may be in question, contact Joffe Law. We represent civilians and military personnel in Homestead FL and surrounding areas in white collar cases.
South Florida and white collar crime
White collar crime is big business in South Florida. Red-hot real estate markets, a large population of seniors, and high rates of drug trafficking are some of the drivers behind white collar crime in Florida. Some of the most common types of white collar crime cases we handle locally involve:
- Fraud
- Ponzi schemes
- Embezzlement
- Money laundering
We represent defendants in a variety of different white collar criminal cases. Contact Joffe Law to learn more about the types of cases we handle.
Fraud charges in Homestead FL
Fraud is the general legal term for an intentional deception that is made with the objective of receiving something of value. There are federal and state laws against fraud. The offense of fraud is also covered in multiple articles in the Uniform Code of Military Justice (UCMJ), the legal code members of the military are required to follow. Some examples of fraud include:
- bank fraud
- mortgage fraud
- PPP loan fraud
- Medicare fraud
BANK FRAUD CHARGES IN HOMESTEAD FL
Bank fraud refers to any intentional deception that involves a financial institution. The victims of a bank fraud scheme may be financial institution customers, businesses, or the financial institutions themselves. Some examples of bank fraud are:
- account takeover
- ATM skimming
- check fraud
- New account fraud
The deposits at most banking institutions are insured by the Federal Deposit Insurance Corporation. Therefore, most instances of bank fraud are federal crimes.
FLORIDA MORTGAGE FRAUD CASES
Fraudsters view South Florida’s as a land of opportunity because of the area’s hot real estate markets. Mortgage fraud refers to any intentionally deceptive act that takes place during the mortgage loan process. There are two main types of mortgage fraud: fraud for profit and fraud for housing. Both varieties of the offense occur in Florida.
In fraud for profit schemes, the culprits are always people who work in the real estate industry or who are otherwise real estate insiders. Real estate agents, brokers, appraisers, and loan officers sometimes collude to artificially inflate the value of a property. When an interested buyer makes a purchase based on the artificially inflated price, the insiders who are colluding on the transaction divide the profit among themselves.
Fraud for housing involves a mortgage applicant who provides false information when applying for a mortgage loan. Mortgage loan applicants commonly falsify:
- the applicant’s name
- the applicant’s other personal data
- the applicant’s employment information
- the applicant’s assets
Applicants who falsify information on their mortgage applications do so for the purpose of getting qualified for a loan for which they may not otherwise qualify, getting qualified for a larger loan, or getting a better interest rate on the loan.
Do not say anything that might incriminate you. Speak with an attorney first.
Investors also engage in fraud for housing by using a straw buyer. Because banks are more inclined to extend more favorable financial terms to buyers who plan to use a property as a personal residence, investors will send a straw buyer to apply for the loan. The straw buyer falsely claims that he or she will use the loan to purchase a property as a personal residence. When the straw buyer closes on the purchase, the straw buyer immediately transfers the property to the investor. People who agree to act as a straw buyer may not be aware that the practice is an act of fraud. If you have been implicated in mortgage fraud, immediately retain a Florida white collar crimes defense lawyer.
HOMESTEAD PPP LOAN FRAUD CASES
During the global COVID-19 pandemic, the federal government launched the Paycheck Protection Program (PPP) to provide fast financing to businesses for the purpose of covering payroll expenses. To expedite the process, the federal government quickly authorized private companies to assist with the verification process. Fraudsters took advantage of the urgent situation and collectively defrauded the federal government for several billions of dollars.
Now that the pandemic is behind us, the federal government has stepped up its efforts to pursue PPP loan fraudsters. Contact us if you have been accused of PPP loan fraud.
MEDICARE FRAUD CASES IN FLORIDA
Medicare fraud is a variety of healthcare fraud that targets the federal government’s Medicare program. The Medicare program connects seniors to healthcare services, medical supplies, and prescription medications. Medicare fraud is an intentionally deceptive act that is mostly committed by medical suppliers with the objective of receiving an unlawful payment from the federal government. Some tactics fraudsters use to defraud the Medicare program include:
- double billing
- phantom billing
- unbundling
- upcoding
Medicare fraud is most often investigated when an employee informs the federal government of fraud or when a federal regulatory agency notices financial irregularities. Before the federal government prosecutes a company or service provider for Medicare fraud, a federal agency will typically conduct an audit. If you or your business has been contacted regarding a Medicare audit, a Homestead fraud defense attorney can help you prepare and potentially avoid criminal liability.
South Florida Ponzi schemes
Most people are looking for ways to grow their money. Ponzi schemes target interested investors who are looking for the best-kept secret in finance. The telltale signs of an investment-based Ponzi scheme are promises of a high rate of returns with minimal risk. Making matters even more convincing for victims, the people who operate Ponzi schemes are often credentialed finance professionals. They typically appear to be wealthy and live luxurious lifestyles, which serve as a marketing tool for their scheme.
Early victims of Ponzi schemes are often able to make withdrawals and receive statements that show what appears to be profits that align with the scammer’s promises. These people are more likely to recruit other people they know to also invest in the scheme. Ponzi schemes are dependent on the scammer’s ability to continue to recruit people to pay into the scam. Eventually, the scammer will disconnect his or her phone numbers and email addresses to prevent victims from being able to reach the scammer. People who operate Ponzi schemes also commonly leave town as a means of hiding from prosecution and cutting off contact with the victims. By the time the victims discover they are no longer able to reach the scammer, the victims begin to realize they have been scammed and their deposits have been stolen.
To create the appearance of legitimacy, Ponzi scam operators often rent office space and hire employees. Although the employees may also be completely unaware of the illegal activity, the employees may find themselves under investigation. If you believe you have been unintentionally employed by someone who operates a Ponzi scheme, protect yourself by contacting a Florida white collar crimes defense lawyer.
Embezzlement charges in Homestead
Embezzlement cases are theft cases in which the theft is based on a fiduciary duty. The embezzler typically has a trusted position in relation to the victim that is most often based on an employment or business relationship. The offender uses the relationship to deprive the victim of his or her property and unlawfully convert the victim’s property for the offender’s own purposes. Some examples of embezzlement include:
- a club treasurer who secretly us0es the organization’s money to build a new deck on his private home
- a corporate executive who uses the company’s money to start his or her own business on the side
- a valet worker who reports the customers’ cars stolen and sells the vehicles across state lines
- a government official who uses public funds to pay for an unauthorized golf trip
Florida does not have a separate embezzlement law. Instead, embezzlement cases are prosecuted under the state’s general theft statute. However, cases over which the federal government has jurisdiction may be prosecuted on the federal government’s embezzlement statute. The penalty for an embezzlement case depends on the value of the property the defendant converted or attempted to convert.
A Florida white collar crimes defense attorney may challenge an embezzlement charge by providing proof that the defendant believed in good faith that he or she was authorized to take the property. A court also cannot convict a defendant for embezzlement if the defense attorney can prove the defendant did not intend to deprive the property’s owner of enjoyment of the property.
Money laundering charge in Florida
Money laundering is an offense that often accompanies other crimes that involve an illegal enterprise. Criminal organizations are all faced with the question of how they will conceal the illegal activity through which they receive their criminal proceeds. Money laundering is the process criminals use to legitimize or “wash” what is known as dirty money. The money laundering process takes place in three steps: placement, layering, and integration.
During the placement phase, criminals are tasked with placing large sums of money into the money supply without attracting the attention of law enforcement or triggering a red flag in the banking system. Leaving the money in cash form is risking because large cash transactions draw the attention of law enforcement agencies and other criminals. Depositing all of the money into the bank at once leads to more questions as banks are required to collect information from parties that make deposits that exceed certain amounts. Some strategies money launderers use during the placement stage include:
- placing money directly into a cash-based business
- bulk cash smuggling
- smurfing or dividing the money into smaller sums and depositing into different banks
- using international wire transfer services
The second phase in the money laundering process is layering. Money launderers conduct a complex series of transactions to make it virtually impossible for anyone who may search for a paper trail to connect the money to illegal activity. Examples of transactions money launderers use during the layering stage include:
- buying real estate
- buying high-end recreational vehicles
- buying high-end artwork
- trading stocks
- purchasing cryptocurrency
- gambling
- conducting transactions through shell companies
The final step in the money laundering process is integration. By the time dirty money reaches the integration stage, it is practically impossible for anyone to distinguish the money from other money that is not linked to criminal activity. At this point, criminal organizations can use the money however they choose with minimal risk of the proceeds being linked to illegal activity.
Anyone who participates in any step in the money laundering process may be charged with a state or federal crime. Numerous businesses and individuals who are close to people who are in criminal organizations may potentially be at risk of being criminally investigated based on transactions they have conducted with members of criminal enterprises who were looking to launder money.
Homestead white collar crimes defense lawyer
If an accusation of a white collar crime may be jeopardizing your military career, exercise your right to retain a civilian defense attorney who can defend you in military court and against potential charges in the civilian court systems. Joffe Law is a leading white collar crimes defense law firm in Florida. We are committed to providing highly effective legal representation to civilians and to military servicemen and women who are facing a potential white collar criminal charge. Contact us to learn more about the types of cases our respected Homestead FL criminal defense firm handles or to receive a case evaluation.