White Collar Crime Defense Attorney Aventura

Aventura racketeering charges

After Congress enacted the federal Racketeering Influenced and Corrupt Organizations (RICO) Act of 1970, 33 states have since codified their own RICO statutes. Florida’s RICO statute targets businesses that conduct illegal operations including:

• money laundering
• counterfeiting
• gambling
• hitman operations
• fraud
• dogfighting

ELEMENTS OF A RACKETEERING CHARGE IN FLORIDA

The term “racketeering” refers to illegal rackets or individual crimes that make up a criminal enterprise. In proving a racketeering charge in state court, the prosecutor must establish the following:

• at least two crimes occurred
• two or more of the crimes that occurred were similar in intent, results, accomplices, victims, methods of commission or were related by other characteristics
• a criminal enterprise existed

The two or more criminal acts that constitute a RICO charge cannot be isolated instances. They must also be listed among the crimes the state RICO statute references as “racketeering activity.” Florida’s statute lists numerous crimes that constitute racketeering activity. Some examples are:

• assault
• battery
• homicide
• arson
• kidnapping
• commercial sexual exploitation of children
• human trafficking
• weapons and firearms offenses
• computer-related crimes
• fraud
• abuse or neglect of the elderly
• obstruction of justice
• extortion
• bribery and misuse of public office

Money laundering cases in Florida

Criminal organizations use money laundering to “clean” the illegal proceeds from their criminal activity. The money laundering process occurs in multiple stages with each step further obscuring the illegal origins of the money. The Florida Money Laundering act specifically prohibits:

• conducting financial transactions that promote racketeering
• transporting monetary instruments or funds to promote racketeering
• conducting financial transactions that involve the proceeds of unlawful activity

There are numerous crimes that generate proceeds criminals ultimately seek to launder. Some of the most common money-generating crimes in Florida are:

• fraud
• theft
• embezzlement
• drug-related crimes
• Cybercrimes
• human trafficking
• RICO
• crimes that exploit elderly people
• crimes that exploit disabled adults

Florida’s Money Laundering Act requires proof that the property involved in a suspected money laundering transaction represents the proceeds from a state or federal felony offense. The crime does not have to be an offense that qualifies as racketeering.

STAGES OF MONEY LAUNDERING

Criminal organizations are reluctant to simply deposit their proceeds in a bank account because financial institutions are required to monitor and report unusual activity. When a bank customer makes large, unexplained cash deposits with no known source of legitimate high income-generating employment, the bank will likely flag the account. Keeping large quantities of cash on hand increases the criminals’ exposure to burglary and robbery. Conducting large cash transactions also attracts unwanted attention. The money laundering process allows criminals to slowly introduce their illegal proceeds into the mainstream money supply and use the money as they please once integrated.

The first step in the money laundering process is the placement stage. During this stage criminals take the proceeds from illegal activity and place it directly into the money supply. Criminals are most vulnerable during the placement stage because if they are caught, it is most evidence that the money does not come from a legal resource such as a job, business, investment, sale of an asset, or inheritance.

Criminal organizations place their illegal proceeds into the money supply in a variety of ways. Some groups recruit people to smuggle cash across international borders and deposit the cash into foreign bank accounts that are less regulated than U.S. bank accounts. If a criminal organization has access to a small business, the group may use fraudulent invoices to transfer money. Another placement strategy is smurfing, which involves breaking large sums of money into smaller amounts and depositing the small amounts into several different bank accounts.

In many instances, money launderers target immigrant communities to recruit people to smuggle money out of the country. They also often enlist the help of family members and friends to help conduct bank transactions or create fraudulent business transactions to hide the transfer of money and valuable property.

Once the illegal proceeds have been placed in the money supply, the next step in the money laundering process is the layering stage. Throughout the layering stage, criminals conduct a complex series of transactions to obscure the link between the illegal proceeds and criminal activity. Common transaction that take place during the layering stage include:

• transferring money into an offshore bank account
• purchasing stocks
• investing in real estate
• buying big-ticket items like cars, artwork, boats, and other recreational vehicles
• investing in legitimate businesses

The ultimate goal in the layering stage is to conduct so many transactions that it is too difficult to trace the money back to its original owners. Criminals will also often use fraudulent bookkeeping practices to make tracing the money back to its origin even more difficult.

Integration is the final step in the money laundering process. When the money has been integrated through layers of transactions, the proceeds are returned to the criminals through a transaction that has a credible explanation. For example, it may appear the criminal has received the money after selling stock or real estate or through a business investment. After the money has been fully integrated and returned, the proceeds are virtually indistinguishable from legal proceeds. At this point, the criminal may use the money however he or she likes with a significantly reduced chance of drawing suspicion.

Criminal organizations must engage in the money laundering process as often as they receive proceeds from illegal activity. If you believe you may have been involved in a money laundering scheme, you may be able to avoid criminal prosecution by calling an Aventura white collar crimes defense lawyer.

Florida embezzlement laws

Embezzlement is the legal term for taking money or property that has been entrusted to you by someone and using it for personal purposes. Simple examples of embezzlement include:

• a cashier pocketing money from the cash register at work
• a valet attendant taking a customer’s car for himself
• a non-profit organization’s director diverting donations to a personal account
• an insurance agent failing to send the customers’ premium payments to the insurer

Because Florida does not have a specific statute against embezzlement, most cases are prosecuted under the state’s property theft statute. The penalty for property theft in Florida is mostly based on the value of the property stolen or embezzled. For property valued at $100 or less, the charge is most often a misdemeanor offense with a maximum fine of up to 60 days in jail and a fine of up to $500. If the value of the property is more than $100 but less than $300, the charge is still a misdemeanor, but the maximum sentence increases to 11 months and 29 days in county jail and a fine of up to $1,000.

FELONY EMBEZZLEMENT CASES IN AVENTURA

Under Florida law, embezzlement cases that involve stolen property that is valued at $300 or more are felony cases. If an individual is accused of embezzling between $300 to $20,000, the offense is a third-degree felony punishable by five years in state prison and a fine of up to $5,000. Embezzling property worth at least $20,000 but less than $100,000 is a second-degree felony with a maximum penalty of 15 years in prison and a fine of up to $10,000. If the embezzled property is valued at $100,000 or more, the offense is a first-degree felony with a maximum sentence of 30 years in prison and a fine of up to $10,000.

Charged with a federal white collar crime? Call an attorney now.

Under certain circumstances, white collar offenses can be prosecuted in state and federal court. For example, if an Aventura-based fraudster contacts victims in another state, the federal government will automatically have jurisdiction. Federal law will also apply if white collar criminals use the mail service to advance their criminal activity or if the crime occurs on federal land or involves a federal government official.

Federal white collar criminal cases call for specialized legal counsel. Because federal cases are prosecuted by highly accomplished U.S. Attorneys in federal courts with the nation’s top-ranking judges, federal court defendants require the help of an experienced Aventura federal criminal defense attorney with decades of experience.

Whether you have been charged with a state or federal white collar offense, David Joffe is qualified to help. We defend the rights of the accused, and we will always fight on your behalf for a favorable outcome. We are able to devote the time, resources, and attention that public defenders are often unable to give to each case. Contact the experienced team at Joffe Law, P.A. to learn more about the types of cases we handle. We will evaluate your needs and discuss the potential next steps. Call us today to receive a case evaluation.