Fontainebleau White Collar Crime Defense Lawyer

Today, fraudsters use more high-tech means of illegally gaining access to credit card fraud victims’ accounts. Scammers operate phishing schemes to trick potential victims into logging into a fake website that resembles the website for a reputable banking institution. When the victim logs in, the fake website captures the victim’s credentials. Fraudsters also sometimes install fake card readers onto unattended ATMs and payment terminals. When an unsuspecting customer swipes his or her credit or debit card, the fake card reader captures the victim’s card information. Later, the fraudsters retrieve the information and either sell it to other scammers or use the information for their own schemes.

Modern-day methods of stealing credit card information can be used for account takeover. When fraudsters are able to access a victim’s account, whether through hacking or by stealing the victim’s log-in credentials, the objective is typically to conduct monetary transactions or open additional financial and merchant accounts in the victim’s name. Account takeover also happens in corporate settings when fraudsters want to access confidential business information or impersonate corporate decision-maker for other purposes.

Automatic clearing house fraud, more commonly known as ACH fraud, is an older variety of bank fraud. However, scammers still use the strategy today. ACH fraud occurs when a fraudster uses someone else’s bank account and routing numbers to make an electronic payment without the account owner’s authorization. Because the bank account and routing numbers are printed at the bottom of every check, ACH fraud is an alarmingly easy crime to commit. Although private consumers can be the victims of ACH fraud, the crime typically targets businesses and other large organizations.

REPRESENTATION FOR PPP LOAN FRAUD CASES

During the global COVID-19 pandemic, the U.S. government launched the Paycheck Protection Program to extend loans to cover small businesses’ payroll expenses. Due to the urgent nature of the pandemic, the federal government rolled out the program very quickly and authorized third party private sector businesses to assist with processing the loans. The quick rollout and widespread emergency left the program vulnerable to fraud. By the end of the pandemic, the federal government estimated that it lost an estimated $64 billion to PPP loan fraud.

With the pandemic behind us, the federal government has increased its focus on investigating and prosecuting people who are suspected of PPP loan fraud. If a federal government agency has contacted you regarding PPP loan fraud, we recommend immediately retaining a white collar crimes defense lawyer.

MORTGAGE FRAUD IN SOUTH FLORIDA

Any intentional misrepresentation that occurs during the process of applying for a mortgage is classified as mortgage fraud. There are two main types of mortgage fraud: fraud for housing and fraud for profit.

Fraud for housing involves misrepresentations that are made with the objective of getting better financing rates, qualifying for a larger loan, or obtaining approval for a loan. Investors sometimes use straw buyers to apply for mortgages on homes with the intent to transfer the home to the investor. Applicants who intend to use the property as their own residence often qualify for better financing rates that banks do not make available to investors. When the straw buyer gets approved for the home, he or she transfers the property to the investor through a quit claim deed, and the investor takes advantage of the more favorable terms.

Fraud for profit most often involves collusion between real estate professionals. For example, an appraiser, a real estate agent, and a mortgage loan officer may illegally work together to inflate the asking price of a property. When the buyer pays the inflated asking price and closes on the property, the three real estate professionals divide the illegal profit among themselves.

MAIL AND WIRE FRAUD

Mail and wire fraud are separate offenses although they are often mentioned in relation to each other. An individual may be charged with mail fraud if he or she uses a postal service in the course of operating a fraudulent scheme. When telephonic and wired communications technology became more widespread, Congress enacted the wire fraud statute, which is viewed as the next generation of the federal mail fraud statute. An individual may be charged with wire fraud if he or she uses any of the following types of communication while engaging in a fraudulent scheme:

• telephone
• Fax
• email
• instant messaging
• social media

Fontainebleau embezzlement defense

Embezzlement is a specific type of theft. The difference between embezzlement and other varieties of theft is that in an embezzlement case, there is a fiduciary duty. A defendant may be convicted for embezzlement if he or she holds a trusted position in relation to the victim and uses the position of trust to steal the victim’s property. Examples of embezzlement include:

• a cashier who takes money from the cash register at her place of employment without authorization
• an organization’s treasurer who diverts the organization’s funds into his or her bank account
• an insurance agent who collects customers’ premiums but keeps the money for himself
• a parking lot owner who works with a theft ring to steal and resell customers’ vehicles

A Fontainebleau defense lawyer can challenge an embezzlement charge by showing proof that the defendant believed he or she was authorized to take the property. If the defendant voluntarily returned the property, he or she may be less likely to be convicted for embezzlement.

Racketeering defenses

In 1970, Congress enacted the Racketeer Influenced and Corrupt Organizations (RICO) Act to make it easier for federal prosecutors to charge members of criminal enterprises. Several states, including Florida, followed suit and enacted their own RICO statutes. Florida’s racketeering statute mostly mirrors the federal statute. However, Florida’s statute allows prosecutors to charge entire criminal organizations at once.

Both the state and federal racketeering statutes require prosecutors to prove the defendant was involved with a criminal enterprise. Prosecutors must also show a pattern of racketeering activity. The federal and state statutes list offenses prosecutors may use to establish a pattern of racketeering if the defendant has been convicted of at least two of the listed offenses in relation to the criminal enterprise.

Accused of money laundering in Florida?

Every criminal organization is faced with the challenge of concealing the origins of its illegal proceeds. Money laundering is the process by which criminals make the proceeds they receive through illegal activity appear to come from a legitimate source. The money laundering process takes place in three steps, initial placement, layering, and integration. Each step in the process is designed to further circulate the “dirty” money into the mainstream money supply while making the path the money follows more and more confusing to anyone who might try to trance the proceeds back to the point of origin.

White collar crimes defense lawyer in Fontainebleau

Whether a law enforcement agency has contacted you for an interview or if you have been formally charged with a white collar offense, it’s never too early to consult a Florida defense lawyer. Call the team at Joffe Law to learn more about the advantages of retaining legal counsel as early as possible if you are facing criminal allegations. A member of our team will conduct a case evaluation to determine the best approach to handling your case.