Hollywood White Collar Crime Lawyer
Potent representation when your freedom’s at stake
Although white collar crime often receives a glamorous portrayal, the truth is always less appealing. Along with the lavish spending and a fast lifestyle comes the ever-looming risk of going to prison and paying it all back in fines and restitution. People are also often surprised to learn that investigations into white collar crimes often lead law enforcement agents to the people who are closest to the suspected white collar criminal. Friends, family members, employees, and coworkers may even be questioned. What may appear to be a request for a simple police interview may end with the person who is being interviewed facing criminal charges. Whether you are at the center of a white collar scheme or if you are in close proximity to someone who is involved in a crime in Hollywood FL, a Florida white collar crimes defense lawyer can help. For more than 35 years, Joffe Law has represented people who have been implicated in white collar criminal cases across Florida. Contact David Joffe if you need a seasoned Hollywood FL white collar crimes defense attorney on your case.
White collar crime in South Florida
South Florida is a land of opportunity for white collar criminals. Fraudsters operate schemes in the region’s booming real estate markets. The state’s large concentration of elderly residents who have large disposable incomes are often the targets of fraudulent activity. Florida’s notoriously high volume of illegal drug trafficking leads to other offenses like money laundering and racketeering. For a variety of reasons, criminal organizations zero in on South Florida when they are looking to make money through illegal means. Some common types of white collar crime we see in South Florida include:
- money laundering
- various types of fraud
- racketeering
- embezzlement
Sometimes, people may appear to be involved in a white collar criminal case without their knowledge. Contact a Florida white collar crimes defense lawyer if you believe you may have unknowingly assisted with white collar criminal activity.
Money laundering activity in Hollywood, Florida
Every criminal organization that receives illegal proceeds through its activities is tasked with finding a way to hide the connection between the criminal activity and the “dirty” money. Money laundering is the process people who are involved in illegal activity use to cover up the origins of the money they receive through criminal conduct. There are three steps in the money laundering process: placement, layering, and integration.
Money launderers are the most vulnerable during the placement stage as the criminal organization must find a way to inject a large sum of unexplained cash into the mainstream money supply. The traditional banking system has mandatory reporting requirements that are designed to help the federal government catch criminal organizations. Conducting large cash transactions attracts unwanted attention from law enforcement and other criminals. Therefore, money launderers must find more subtle means of placing their criminal proceeds into circulation. Common strategies criminal enterprises use to place dirty money into circulation include:
- placing the money directly into a cash-based business
- smurfing or dividing the money into smaller sums and having multiple people deposition each portion into different bank accounts
- bulk cash smuggling or having people smuggle cash into foreign countries that have less strict banking regulations
- using international cash transfer services
During the layering step in the money laundering process, the money launderers conduct a confusing series of transactions to throw potential investigators off of the money trail. Some common layering transactions include:
- gambling
- trading stocks
- purchasing cryptocurrency
- investing in businesses
- purchasing real estate
- purchasing recreational vehicles
- conducting transactions through shell companies
By the time money launderers have completed the layering phase, it is virtually impossible to tell the difference between the dirty money and money that did not come through criminal activity. At this point, the criminal organization can use the money however it wants with a minimized risk of detection by law enforcement.
Money launderers depend on many different people and businesses to help them conduct transactions for the purpose of concealing criminal activity. While some of the people who are involved in the transactions may be fully aware of the crime that is taking place, others may not. Law enforcement agencies sometimes make arrests first and ask questions later to determine the extent of how much someone who appears to be involved with a criminal enterprise actually knows.
Do not say anything that might incriminate you. Speak with an attorney first.
Hollywood FL fraud cases
Fraud generally refers to an intentionally deceptive act that is intended to allow the offender to illegally receive something of value. Florida law refers to fraud more formally as a Scheme to Defraud. The state Scheme to Defraud statutes classify all varieties of fraud into two categories: communications fraud and organized fraud. Communications fraud is any type of fraudulent scheme that makes use of a wired form of communication. Organized fraud is a systemic, ongoing course of conduct in which the offender engages with the intent to defraud.
Federal law includes multiple statutes that specifically address different types of fraud. Some of examples of different types of fraud include:
- bank fraud
- PPP loan fraud
- Medicare fraud
- mortgage fraud
BANK FRAUD CHARGES IN SOUTH FLORIDA
Bank fraud is any type of intentionally deceptive act that involves any financial institution, whether or not the institution is technically classified as a bank. Victims of bank fraud may be the financial institution, banking customers, and businesses of all sizes. Some common types of bank fraud include:
- credit card fraud
- account takeover fraud
- wire transfer fraud
- ATM card skimming
PPP LOAN FRAUD
During the COVID-19 global pandemic, the federal government rolled out the Payment Protection Program (PPP) to provide emergency funding to businesses. The program fast-tracked the process of applying for and receiving loans that were intended to cover businesses’ payroll expenses. To expedite the process, the federal government authorized private parties to assist with loan application and verification processes. Fraudsters took advantage of the urgent environment and defrauded the federal government for an estimated collective total of $64 billion.
Since the end of the global pandemic, the federal government has investigated and prosecuted PPP loan fraud offenders. If you are suspected of PPP loan fraud in Hollywood Fl, a Florida white collar crimes defense lawyer may be able to help you avoid severe penalties that may include a prison sentence and hefty fines.
HOLLYWOOD FL MEDICARE FRAUD CASES
Medicare fraud is a specific type of healthcare fraud that targets the Medicare program. Medicare is a joint state and federal government program that provides health insurance to seniors and people who have certain health conditions. Medicare fraud schemes generally involve using deceptive practices with the objective of obtaining a payment from the Medicare program. Healthcare service providers and companies that sell medical equipment and devices are most often the offenders in Medicare fraud cases. Individuals may also be involved in Medicare fraud. Some of the most common strategies medical facilities and companies use to defraud Medicare include:
- double billing
- phantom billing
- upcoding
- unbundling
Criminal investigations into Medicare fraud usually begin with an audit. If you have received notice of a Medicare audit, a Hollywood white collar crimes defense lawyer can help you prepare for the audit.
MORTGAGE FRAUD IN SOUTH FLORIDA REAL ESTATE MARKETS
Mortgage fraud is any deceptive act that occurs during the mortgage loan process. There are two types of mortgage fraud: fraud for profit and fraud for housing. Both varieties of mortgage fraud happen in Hollywood FL and other communities across South Florida.
Fraud for profit occurs when real estate industry insiders, such as real estate agents, mortgage loan officers, and appraisers, work together for an illegal profit. For example, a real estate appraiser and real estate agent may work together to artificially inflate the value of a property. When a buyer expresses interest in the property, the two colluding professionals may bring the mortgage loan officer into the scheme. The loan officer may approve the mortgage loan to cover the artificially inflated amount. When the buyer closes on the sales transaction, the three professionals divide the illegal profit among themselves.
Fraud for housing happens when someone who is applying for a mortgage loan provides false information on the loan application. Some examples of information loan applicants falsify include:
- the applicant’s name
- employment information
- assets
- other personal data
Mortgage loan applicants who provide false information usually do so with the objective of qualifying for a loan for which the applicant may not otherwise qualify, getting a larger loan amount, or getting better financing terms on a mortgage loan. Real estate investors sometimes use a straw buyer when purchasing an investment property. Banks sometimes give more favorable financing terms to mortgage applicants who indicate that they will use the property as a personal residence. When applying for the mortgage loan, the straw buyer fraudulently claims to have the intent to use the property as a personal residence. After the straw buyer closes on the transaction and purchases the property, the straw buyer transfers the property to the real estate investor.
Hollywood FL racketeering cases
The enactment of the federal Racketeer Influenced and Corrupt Organizations (RICO) Act of 1970 made it easier for the federal government to prosecute members of organized criminal enterprises. Florida became one of the first few states to enact its own version of the federal RICO statute.
To establish a RICO case, a prosecutor must prove a defendant is involved in a criminal enterprise. Examples of criminal enterprises are:
- gambling rings
- prostitution rings
- human trafficking operations
- extortion rings
- drug trafficking operations
In addition to proving the defendant’s involvement with a criminal enterprise, the prosecution must also prove the defendant engaged in a pattern of racketeering. To establish a pattern of racketeering activity, the prosecutor must prove the defendant committed at least two crimes that are identified by the applicable RICO statute as racketeering activities. The crimes must be related and must have both occurred within the applicable statute of limitations.
State and federal embezzlement cases
Embezzlement is a type of theft case in which there exists a fiduciary relationship between the offender and the victim. A fiduciary duty is a legal or ethical responsibility that creates a relationship of trust. In most cases, the offender’s fiduciary duty arises out of an employment relationship between the offender and the victim. Embezzlement occurs when the offender owes a fiduciary duty to the victim, but the offender uses his or her trusted position to deprive the victim of the enjoyment of his or her property.
Florida does not have a specific embezzlement statute. State level theft cases that involve a fiduciary duty are prosecuted under Florida’s general theft statute. Some examples of embezzlement are:
- a corporate director who diverts money from the company into his or her personal account
- a director of a nonprofit organization using the organization’s donations without authorization to build a deck on his or her home
- a federal employee making secret withdrawals from the federal agency’s public funds
- a parking lot owner hiding customers’ vehicles and selling them in other states
A defense attorney may challenge an embezzlement charge by offering proof that the defendant acted in good faith because he or she was under the belief that he or she had authorization to take the property for personal use. A defendant who voluntarily returned the property may also be less likely to be convicted for embezzlement. The penalties for an embezzlement charge typically depends on the value of the property of which the defendant is accused of embezzling.
Hollywood white collar defense lawyer
Joffe Law represents Florida residents in a variety of different types of white collar criminal cases. Our Hollywood FL white collar crimes defense attorney has more than 35 years of experience defending Florida residents in white collar criminal cases. If you have been accused of a white collar crime in Hollywood FL, contact our talented team of legal professionals. A member of our team will evaluate your case and determine the best approach to helping you.