White Collar Crime Lawyer Miami Lakes

Scammers target outdoor machines because outdoor terminals are generally monitored less closely. They install their own card reader over the standard card reader that is on the ATM or payment terminal. When a customer swipes his or her card at the compromised terminal, the fake card reader captures the customer’s data and stores it for the scammers to later retrieve and use for illegal purposes. Once the criminals have the data, they either sell it for use in identity fraud and account takeover schemes, or they use their data to operate their own schemes.

Any type of fraud that involves a payment card is generally referred to as credit card fraud. Credit card fraud rings access customers’ accounts by using customer data they purchase from identity theft rings or by using their own methods of accessing customer data. Before internet technology, credit card thieves stole checks, banking information, and credit card statements from victims’ mailboxes. Burglarizing homes and businesses, pickpocketing, and robbery were also tactics thieves used to steal personal information and account data from potential victims.

Wire transfer scams begin with a fraudulent phone call, text message, social media message, or email from someone who is pretending to be someone who would have a legitimate reason to request money. Fraudsters who operate wire transfer scams often pretend to be:

• a representative from the IRS
• a family member
• a friend
• a shipping company
• an internet service provider
• a utility company

Schemes that involve wire transfers often use fictitious urgent situations that discourage the victim from verifying the identity of the requester. For example, the fraudster may pretend to be a family member who needs money to get home after getting a flat tire. In another example, the fraudsters pose as the billing department of a utilities company, and they threaten to cancel the potential victim’s utility service if they do not receive payment. No matter what the fake emergency situation is, the fraudster requests money through a wire transfer.

MORTGAGE FRAUD

Any intentional misrepresentation that occurs during the process of obtaining a mortgage loan is mortgage fraud. There are two types of fraud: fraud for profit and fraud for housing. Fraud for profit is usually committed by real estate industry insiders who engage in collusion. A real estate agent and property appraiser may work together to illegally inflate the appraised value of a property. The higher appraisal fraudulently increases the listing price. When a buyer expresses interest in the property, the agent and appraiser may work with the mortgage loan officer to get the mortgage approved for the higher price. When the buyer closes on the contract at the inflated price, the agent, appraiser, and mortgage loan officer split the illegal profit.

Fraud for housing occurs when a mortgage applicant provides false information on a mortgage loan application. Some common details applicants intentionally falsify include:

• using a fictitious name
• using a fictitious Social Security Number
• overstating income
• misrepresenting assets
• misrepresenting employment

The objective of fraud for housing is to get approved for a mortgage loan, to get a better rate on a mortgage loan, or to get approved for a higher mortgage loan amount. In some cases, investors use straw buyers to get better rates on mortgages. Banks often extend more favorable financing terms to mortgage applicants who indicate that they intend to use the property as a personal residence. Investors fraudulently enlist the help of someone else to apply for the mortgage and falsely indicate that the property will be used as a personal residence. When the straw buyer closes on the contract, he or she immediately transfers the property to the investor, who takes advantage of the more favorable loan terms the buyer received under false pretenses.

IDENTITY THEFT CASES

Identity theft is most often committed to access someone else’s financial accounts without authorization or to create new financial accounts. In some cases, criminals use identity theft to infiltrate corporations and impersonate employees who are authorized to access protected information. Today, criminals use technology-driven means of stealing consumer data. Phishing is one of the most common strategies identity theft rings use to capture victims’ banking log-in credentials and account information.

PPP LOAN FRAUD

During the COVID-19 pandemic, the federal government rolled out a fast-tracked process through which businesses could apply for loans to cover their payroll expenses. As part of the fast-tracked process, the federal government authorized private companies to assist with the application and verification process. The urgency created by the pandemic and the various private actors that were authorized to facilitate the process inadvertently created opportunity for fraudsters. By the end of the global pandemic, the federal government reported a loss of billions of dollars to PPP loan fraud. Now that the pandemic is behind us, the federal government has stepped up its efforts to investigate and prosecute PPP loan fraud.

If you or your business has been implicated in PPP loan fraud, contact us. We can potentially help you avoid federal conviction.

HEALTHCARE FRAUD

Healthcare fraud is any type of scheme that is intended to receive an illegal payout from a patient, insurance company, or the federal government. Fraudsters in Miami Lakes and throughout South Florida commonly target the Medicare program, which is operated by the federal government to provide healthcare benefits to seniors. Medical service providers like hospitals, clinics, and diagnostic labs engage in practices that defraud the government into paying larger sums for service reimbursement. Some common Florida Medicare fraud practices include:

• double billing
• phantom billing
• upcoding
• unbundling

We represent individual medical service providers and medical businesses against criminal charges for Medicare fraud. Contact us if you are under investigation or if your business has received notice of an audit.

MONEY LAUNDERING

Every criminal organization that receives an illegal profit from its activities must find a way to evade detection when using the money. The money laundering process involves multiple steps, each of which further obscures the criminal origins of “dirty” or illegally obtained money. Throughout the money laundering process, criminal organizations make use of businesses and individuals who make deposits, transfer funds, and buy and sell real estate and high-end items. In some cases, an individual or business may not be aware that the transactions are taking place for an illegal purpose. Regardless, individuals and businesses that appear to have had involvement with money laundering for a criminal organizations may be intensely investigated and charged with a crime. If you believe you may have been in close proximity to a money laundering operation, the best way to protect yourself is to immediately retain legal counsel.

RACKETEERING

When most people hear the term “racketeering,” they think of mafia movies. In reality, the term refers to the criminal activities of any illegal business enterprise. Racketeering is prosecuted under the federal or state RICO statute. While some states do not have a RICO statute, Florida was among the first states to enact its own after the enactment of the federal Racketeering Influenced and Corrupt Organizations Act of 1970. To prove a charge of racketeering, a prosecutor must establish that the defendant is affiliated with a criminal enterprise and has engaged in at least two examples of racketeering activity within a specified amount of time. The prosecutor must also prove the racketeering activity was related to the criminal enterprise.

PONZI SCHEMES

To the average investor, a Ponzi scheme may sound like the investment opportunity of a lifetime. Fraudsters may legitimately have a background in finance or other achievements that may make the person appear to be legitimate to potential victims. Ponzi scheme fraudsters introduce the scheme as a best-kept secret in the investment community. The fictitious investment product will generally be pitched as offering an unusually high, guaranteed rate of return. Instead of investing the victims’ money, the fraudster diverts the funds and uses them to support his or her own lavish lifestyle, which is used to attract more victims.

Sometimes, people who operate Ponzi schemes hire employees, rent offices, or enlist other people to help them sell the scheme or create the appearance of legitimacy. People who unknowingly work with fraudsters who operate Ponzi schemes may also be prosecuted. Having a seasoned Miami Lakes white collar crimes defense lawyer may protect you against criminal liability.

Miami Lakes white collar crimes defense lawyer

There is nothing glamorous about being investigated for a white collar offense. Don’t give law enforcement agencies the opportunity to overstep your rights and turn your life upside down. Call Joffe Law to receive a case evaluation. If you believe you may be facing a white collar charge, it is never too early to consult a Florida defense attorney.

Related services we offer

Federal crime lawyer Miami Lakes
Miami Lakes federal appeals attorney