Pembroke Pines White Collar Crime Lawyer

FEDERAL AND STATE FRAUD CHARGES IN PEMBROKE PINES

Fraud is a general legal term that refers to any intentionally deceptive act an offender commits with the intent to illegally receive something of value. Federal law includes statutes that specifically address a variety of specific fraud offenses. In contrast, Florida courts prosecute all fraud cases under two main offenses: organized fraud and communications fraud. There are several different types of fraud. Some common types of fraud are:

• bank fraud
• PPP loan fraud
• Medicare fraud
• accounting fraud

Bank fraud encompasses all deceptive schemes that involve a financial institution whether or not the financial institution is technically a bank. Therefore, state and federal bank fraud cases may include trust companies and credit unions. Depending on the facts of an individual case, the victim of bank fraud can be a financial institution, the government, a business of any size, or an everyday consumer. Examples of bank fraud include:

• ATM card skimming
• account takeover
• check fraud
• phishing

PPP loan fraud cases began after the federal government launched the Paycheck Protection Program (PPP) during the COVID-19 pandemic. The federal government rolled out the PPP program to give businesses access to emergency funding when shelter in place orders were in effect. Due to the urgency of the pandemic, the Small Business Administration authorized private entities to assist with the application and verification processes. By the time the federal government stopped offering PPP loans, the government lost an estimated $64 billion to PPP loan fraud. Since the end of the pandemic, the federal government has stepped up its efforts to prosecute PPP loan fraud cases. We represent individuals who have been accused of PPP loan fraud. Contact us today to learn more about your legal options.

Medicare fraud cases are on the rise in Florida. The federal government operates the Medicare program in cooperation with state governments to provide health insurance for seniors and people who have certain disabilities. Medical care providers and companies that supply medical products and supplies are most often the offenders in Medicare fraud cases. Some common types of Medicare fraud include:

• double billing
• phantom billing
• unbundling
• upcoding

In most Medicare fraud investigations, a federal agency will send the suspected offender a notice of an audit. A white collar crimes defense attorney can help companies prepare for a Medicare audit and protect themselves during the process.

Accounting fraud is a crime that makes headlines from time to time when a corporation is accused of intentionally providing false information in one or more of their financial reports. When a major corporation is accused of accounting fraud, the case often makes national headlines. However, cases that involve smaller companies are more likely to make local news or fly under the publicity radar. Nevertheless, the potential fines and prison time defendants face in any accounting fraud cases is often substantial.

PEMBROKE PINES RACKETEERING CHARGES

Congress passed the Racketeer Inspired and Corrupt Organizations Act of 1970 to make it easier for the federal government to prosecute members of criminal enterprises. A few years later, Florida became one of the first few states to enact their own racketeering statutes. Racketeering is an offense in which perpetrators set up a coordinated illegal scheme for profit. Examples of criminal rackets include:

• illegal gambling rings
• extortion rings
• drug trafficking rings
• prostitution rings
• human trafficking

To prove racketeering, a prosecutor must prove the defendant had an affiliation with a criminal organization and that the defendant engaged in a pattern of racketeering activity. To establish a pattern of racketeering activity, the prosecutor must establish that the defendant committed at least two criminal acts that are listed in the respective racketeering statute. The federal RICO Act and Florida’s racketeering statute both include an extensive list of crimes that meet the definition of racketeering activity. Both lists include violent crimes and white collar offenses.

Federal and state law require the two examples of racketeering activity to have both occurred within the respective statute of limitations. The two acts must also be related to each other and to the alleged criminal enterprise.

FLORIDA PONZI SCHEMES

In some cases, a Ponzi scheme may resemble multi-level marketing. However, in many instances Ponzi schemes are presented to potential victims as the best-kept secret in the investment world. People who operate Ponzi schemes attract victims by advertising an investment opportunity that is really a scam to steal investors’ money. A telltale sign of a Ponzi scheme is the promise of an unusually high rate of return with minimal risk. Victims are often made to feel like the schemer is sharing a tip that most financial professionals would only share with each other, close family members, and friends.

Early victims of investment Ponzi schemes may receive documents that appear to be legitimate statements. The fake statements are made to seem as if the victim is earning a profit. Victims may even be able to withdraw money from what appears to be a real investment account in the beginning. Because Ponzi schemes require the fraudster to be able to continue to attract more victims, many schemers allow victims to withdraw some of their profits to create a sense of legitimacy. Victims who are able to make withdrawals are more likely to tell others about the fake investment opportunity because they believe they do not believe they are being scammed.

Eventually, the schemer disappears and changes all of his or her contact information. As the victims realize they are no longer receiving statements and haven’t heard from the schemer, they usually try to contact the person. By the time the victims discover they can no longer reach the fraudster, the scammer has often left town and gone off the radar.

Ponzi schemers go to great lengths to make themselves appear credible and trustworthy. They may have certain finance industry credentials or even maintain an office space with staff. When law enforcement agencies investigate Ponzi schemes, they don’t always limit the investigation to the person who is in charge of the scheme. They may also investigate and charge the people who work in the office or otherwise appear to have been assisting the perpetrator.

Employees do not always know about all of their employers’ activities. Therefore, it’s possible for people who work for criminals without ever knowing of the criminal activity until law enforcement investigates the individual. If a law enforcement agency has contacted you regarding a Ponzi scheme, consult a white collar crimes defense lawyer before communicating with law enforcement.

MONEY LAUNDERING CHARGES IN PEMBROKE PINES

Money laundering is a common white collar crime in Florida. Every criminal organization is tasked with finding a way to conceal the illegal activity throughout which they receive money. The money laundering process takes place in three steps. Each step is intended to make it increasingly difficult for investigators to trace dirty money back to illicit activity.

The first step in the money laundering process is the placement stage. During the placement stage, money launderers are most vulnerable to getting caught. Criminal organizations cannot place large sums of money directly into a bank account because federal banking regulations would require the financial institution to report the transaction and ask questions. Conducting transactions with large sums of cash attracts unwanted attention from law enforcement and other criminals who may target members of the criminal organization. Some common strategies money launderers use to avoid detection during the placement stage include:

• smurfing, or dividing money into smaller amounts before depositing into multiple accounts
• placing the money directly into one or more cash businesses
• smuggling cash across an international border, where banking regulation are less strict
• using international money transfer services

After the criminal organization places the illegal proceeds into circulation, the next step in the process is the layering phase. During the layering stage, the money launderer conducts a confusing series of transactions to create distance between the illegal proceeds and the illegal activity. Examples of transactions criminal organizations conduct during when layering include:

• gambling
• buying real estate
• buying cryptocurrency
• trading stocks
• buying high-end recreational vehicles
• conducting transactions with shell companies

The final stage in the money laundering process is integration. By the time laundered money reaches the integration stage, the money is ready to be placed back into the mainstream money supply. Members of the criminal organization can use the money in whatever manner they please with minimal fear of detection. Even an experienced investigator may have difficulty proving someone is using laundered money by the time the proceeds reach the integration stage.

Anyone who conducts a transaction with or receives money or property from someone who is involved with money laundering may be investigated and charged with a white collar crime. A law enforcement agency may investigate small business owners who receive an investment or help wire money to foreign countries. Even family members and private parties who sell high-end items to money launderers may be questioned by the police and potentially charged.

Money launderers often target members of immigrant communities when looking for people to help with tasks like smuggling cash into other countries. Immigrants who become involved in money laundering in any capacity may be prosecuted criminally and jeopardize their immigration status. Contact a Pembroke Pines white collar criminal defense lawyer if you have been accused of participating in the money laundering process.

White collar criminal defense in Pembroke Pines FL

Whether you were directly involved in a white collar crime or if you have been contacted by police for an interview, you need the guidance and legal representation of a qualified white collar criminal defense attorney. David Joffe has more than 35 years of experience representing Florida residents in white collar crimes cases. Having Joffe Law on the case means avoiding the potential pitfalls of self-incrimination and having your rights violated in the course of a criminal investigation. Contact Joffe Law to learn more about how a criminal defense lawyer who specializes in white collar cases can protect you. A member of our team will review your case and conduct an evaluation.