Hammocks Federal Defense Lawyer

Defense Lawyer for White Collar Cases in The Hammocks

Although Florida is not the major center for corporate finance in the U.S., the area sees its share of white collar crime. In decades past, white collar criminals were mostly thought of as corporate employees and government workers who misappropriated money or operated elaborate financial schemes. Today, a white collar criminal can come from any vocational background. Some of the most common white collar crimes in The Hammocks and nearby communities are:

• fraud
• Ponzi schemes
• embezzlement
• racketeering

We handle a variety of white collar criminal cases in Florida. Our professional team can tell you more about our track record in federal white collar cases.

SOUTH FLORIDA FRAUD CASES

Fraud occurs in many different forms. Generally, fraud is defined as an intentional misrepresentation someone makes for the purpose of illegally receiving something of value. Examples of specific types of fraud include:

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

Bank fraud is any type of intentionally deceptive act that involves any financial institution, without regard to whether the financial institution is technically classified as a bank. Depending on how the scheme is orchestrated, the victim in a bank fraud case may be a banking customer, a business of any size, or the financial institution itself. Some of the most common types of bank fraud in South Florida are:

• wire transfer fraud
• ATM skimming
• new account fraud
• phishing
• account takeover

Mortgage fraud occurs when someone who is involved in a real estate transaction intentionally makes a false representation during the mortgage loan process. There are two types of mortgage fraud: fraud for profit and fraud for housing. Fraud for profit occurs when real estate industry professionals collude for the purpose of receiving an illegal profit. For example, real estate agents, property appraisers, and mortgage loan officers sometimes collude to artificially inflate the value of a property. When an interested buyer closes on a loan and pays the inflated price, the colluding parties divide the excess profit among themselves.

In contrast, fraud for housing occurs when an applicant provides false information on a mortgage loan application. For example, an applicant may provide false employment information or intentionally misstate his or her assets. The motive behind fraud for housing is usually for the applicant to be approved for a mortgage loan, to get approved for a larger amount, or to receive a better interest rate when purchasing a property. Some investors fraudulently use a straw buyer to receive more favorable terms on an investment property. Because banks are generally more inclined to offer better rates to a buyer who will use the property as a personal residence, the straw buyer misstates his or her purpose in applying for the loan. When applying for the loan, the straw buyer fraudulently tells the bank that the property will be used as a personal residence. When the straw buyer closes on the transaction, he or she immediately transfers the property to the investor.

FLORIDA PPP LOAN FRAUD CASES

During the global COVID-19 pandemic, the federal government launched the Paycheck Protection Program (PPP) to fast-track the lending process and extend loans to businesses. The loans were intended to help businesses cover payroll costs when shelter-in-place orders were in effect in most of the country. Fraudsters seized the urgent nature of the situation and collectively defrauded the federal government out of billions of dollars. Now that the pandemic has ended, the federal government has increased its prosecution of PPP loan fraud cases. We represent individuals and businesses that have been accused of PPP loan fraud.

ACCUSED OF MEDICARE FRAUD IN FLORIDA

Medicare fraud is a type of healthcare fraud that targets the federal government’s Medicare program. Medicare is a joint federal and state health insurance program for people who are age 65 and older and for people who have certain health conditions without regard to their age. Healthcare service providers and companies that produce and sell medical supplies are most often the perpetrators of Medicare fraud. Generally, Medicare fraud is an act that is intended to cause the offender to fraudulently receive an extra payment from the government. Some common Medicare fraud strategies include:

• upcoding services by invoicing them as more expensive services
• unbundling and charging separately for parts of a service that should be billed as one procedure
• phantom billing for products or services the patient never received
• double billing for a service that was only performed once

Medicare fraud investigations most often begin with an audit. If a federal agency has contacted you regarding a Medicare audit, we can help you prepare. Consulting a Florida federal defense attorney before a Medicare audit can help you protect your business and potentially avoid criminal culpability.

PONZI SCHEMES

Ponzi schemes may sound like the best kept secret in the finance industry at first. But victims eventually realize they have been scammed by someone who pockets investors’ money and uses his or her lavish lifestyle to continue luring victims into the scheme. In some cases, the scammers who operate Ponzi schemes are credentialed finance professionals. The scammers may also maintain an office space and employ a staff to make the scheme appear legitimate. People who work for Ponzi scammers are not always knowing participants in the criminal activity. Nevertheless, people who appear to work with the scammer or help promote the scheme may be investigated and charged with a serious white collar crime. If you believe you may have unknowingly helped promote a Ponzi scheme or otherwise been involved with a Ponzi scheme operator, consult a federal white collar crimes defense attorney in The Hammocks FL.

EMBEZZLEMENT

Embezzlement is a specific type of theft that is based on the existence of a fiduciary duty between the offender and the victim. The offender uses his or her trusted position to deprive the victim of his or her property and convert the property for his or her own purposes. In most cases, the fiduciary duty comes from a relationship that is based on employment. Some examples of embezzlement are:

• a valet worker who steals customers’ cars and sells them across state lines
• a bank employee who diverts customer deposits into his or her own account
• a federal government official who unlawfully uses public funds to build an inground pool at his house
• a corporate leader who uses the company’s money to purchase a vacation home overseas

The defendant may not be convicted for embezzlement if he or she legitimately believed in good faith that he or she was authorized to use the money or property for his or her own purposes. A federal defense attorney can evaluate your case and determine the best approach to challenging a federal embezzlement charge.

RACKETEERING

The federal government prosecutes racketeering cases under the Racketeer Influenced and Corrupt Organizations (RICO) Act of 1970. A federal prosecutor may charge members of criminal organizations for participating in illegal enterprises. Some examples of criminal enterprises include:

• human trafficking
• bootlegging
• illegal gambling ring
• money laundering

To establish a racketeering charge, a federal prosecutor must prove the defendant is involved in a criminal enterprise and has engaged in a pattern of racketeering. A pattern of racketeering is based on the defendant’s participation in two or more criminal acts that meet the federal definition of “racketeering activity.” The prosecution must prove the two acts were related in some way and took place within the statute of limitations.

Florida federal sex crimes defense

A sex crime accusation can have a lasting effect on the accused party’s reputation even if it is eventually proven that the accused party had nothing to do with the crime. If you are accused of rape, sexual assault, indecent exposure, or any other sex offense, you need a qualified sex crimes defense lawyer on your case from day one. Retaining a defense attorney as early as possible may enable your attorney to take proactive steps to protect your reputation and mitigate the damage that commonly goes along with a sex crime accusation.

Child pornography defense attorney

Child pornography cases very easily implicate federal jurisdiction. A false child pornography accusation can occur if someone accidentally downloads a virus, clicks on a link that directs the viewer to child pornography, or if someone allows someone else to use his or her computer or other digital device. People don’t often imagine that sexting may be a criminal offense, but if at least one party is younger than 18 years of age, criminal charges may be filed under the child pornography statute. We specialize in providing legal defense to people who have been falsely accused of a federal child pornography defense offense in Florida.

Federal defense lawyer in The Hammocks FL

Don’t entrust your federal case to an unqualified attorney. You need a seasoned federal defense lawyer on your side. If you are facing one or more federal charges in the Hammocks FL, contact Joffe Law. A member of our team will review your case.