Miami Federal White-Collar Crime Lawyer

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Miami Federal White-Collar Crime Attorney

Federal offenses that are motivated by financial gain and involve some sort of deceit are collectively known as white-collar crimes. White-collar crimes are not violent cases, but neither are they victimless. Regardless of the type of white-collar criminal charge being brought against you, it is imperative that you secure a qualified and skilled Miami federal white-collar crime lawyer to represent you in your case.

Federal White-Collar Crime Representation in Miami, FL

Michael J. Rosen, P.A., has been handling federal criminal defense cases for nearly 50 years, with a strong emphasis on handling white-collar investigations and trials. He and his team believe that the truest mark of a good criminal defense lawyer lies in winning the case before the trial ever occurs. By dedicating undivided attention and focus to a small number of cases, Michael J. Rosen, P.A., has maintained an extremely high success rate over the last nearly 50 years of practice.

Focusing on pre-indictment investigations, trial preparation, and a strong defense strategy at trial, we continue to provide personalized legal services for those accused of fraud or other white-collar crimes in Miami and its surrounding areas.

Misrepresentation, theft, and cheating others out of their hard-earned assets represent serious offenses that carry severe penalties if convicted. If you have been accused of a federal white-collar crime, it is imperative that you partner with an attorney willing to challenge the government’s allegations in your case. Reach out for a consultation, and let the team at Michael J. Rosen, P.A., represent you in your case.

What Are White-Collar Crimes?

The term “white collar” refers to the type of clothing typically worn by business professionals in the economic market space at the time the phrase was coined in the 1930s. It encompasses a wide range of criminal offenses that intentionally utilize some form of deceit or misrepresentation for the purpose of financial gain.

Given the nature of the offenses being committed, white-collar cases often involve multiple defendants and other complicating factors, which can make them difficult to bring to prosecution. These cases are often multi-faceted, spanning several years – if not decades – of continued federal violations. Despite being non-violent crimes in most cases, federal courts will generally impose severe penalties on those who are convicted of white-collar crimes.

The following are the most common types of white-collar crimes: 

• Fraud. This encompasses many crimes for which deception or misrepresentation is intentionally used to obtain material financial gain.
• Embezzlement. This involves misappropriating entrusted funds, typically by an individual who is an official or employee of the organization.
• Money laundering. This refers to the process of concealing the origins of money that was illegally obtained, usually through complicated transfers between other, seemingly legitimate transactions.
• Identity theft. This involves using someone else’s personal information without permission to obtain benefits or other financial gain.
• Forgery. This involves creating or altering documents, signatures, or other legal items for the purpose of deception.
• Bribery. This refers to soliciting, offering, giving, or receiving something of value to influence the decisions or actions of a person in authority, such as an officer or judge. These charges can apply to both those who attempt to bribe and those who accept one.
• Insider trading. This involves illegally buying or selling securities based on material information about a company that has not been made public.
• Environmental crimes. This includes any violation of environmental regulations or laws, such as those related to hazardous waste disposal, pollution, or animal and environmental protections.
• Racketeering. This involves engaging in crime on an organized level, usually by maintaining a pattern of illegal activity to generate income.
• Antitrust violations. This refers to business practices or activities that unfairly manipulate markets and restrict competition, such as monopolizing a market or engaging in price-fixing.

All white-collar crimes involve violating the trust of others to achieve ill-gotten financial gain. These crimes are taken seriously by the government and tend to be prosecuted at the federal level. No matter what particular kind of white-collar crime allegations you may be facing, it is wise to seek the knowledge and experience of a skilled and qualified criminal defense attorney.

Who Is Responsible for Prosecuting White-Collar Crimes?

The Federal Bureau of Investigation (FBI) is primarily responsible for enforcing legislation related to white-collar offenses. It regularly performs investigations into alleged fraud and other related crimes. Because the nature of these crimes is financial, either the Securities and Exchange Commission (SEC) or the Internal Revenue Service (IRS) will often get involved in the investigations as well, ensuring that no economic violations are committed by individuals, organizations, or groups.

Depending on the severity of the offense and the details of the case, either state officials, federal officials, or both state and federal officials will be responsible for prosecuting it. The burden of demonstrating proof of wrongdoing lies in the prosecuting attorney, usually with the Department of Justice, who must prove that you committed the given crime beyond any reasonable doubt.

How Can I Defend Against White-Collar Crime Allegations?

The Department of Justice, who will likely be responsible for prosecution in your case, will be diligent in attempting to bring a strong case against you. It is imperative that you partner with a criminal defense attorney who is more than equally strong to defend your case. Your attorney is responsible for preparing and implementing a defense strategy tailored to the specific needs of your case.

With the right attorney, you may be able to avoid ever going to trial. The following represent some of the key strategies used to challenge the claims made against you: 

• Insufficient evidence. Your attorney may be able to argue that the prosecution does not have enough evidence to support the claims made in your case. Often, the evidence being presented is merely circumstantial. Ultimately, your defense attorney simply needs to establish a reasonable doubt.
• Lack of intent. One of the primary foundations required in a white-collar crime is the presence of intent. Merely misappropriating funds, for example, is not a crime and could reasonably fall under human error in performing a job. What makes the act a crime is if the act was done knowingly with the intent to seek illicit gain. Your lawyer can seek to demonstrate that you were unaware that you had committed a violation or prove that you had no intent to commit a crime.
• Duress. Many white-collar crimes feature multiple defendants. You may be able to have charges against you dropped if your attorney can prove that you were forced by another party to commit the crime in question through fear tactics, intimidation, threat, or blackmail. This is a common defense when a superior, such as a boss or executive above you, is also a defendant facing the same charges.
• Entrapment. When attempting to investigate a crime, law enforcement may attempt to induce you to commit a crime that you would otherwise have been unlikely to commit. Doing so is an overstep of authority and could be grounds for a defense in your case.

When prosecuting white-collar crimes, prosecutors are often working from an advantage, using a plethora of resources available to make a case against you. It is equally important, therefore, that you work with an attorney with significant experience and a strong background in successful cases. They can develop a strategy to defend your case and secure the most favorable outcome.

What Are the Most Common Types of Fraud?

Fraud, which accounts for more than 60% of all white-collar crimes, has many different applications across various markets. However, all cases of fraud involve presenting false or misleading information for the purpose of obtaining illicit financial gain. The following represent some of the most common forms in which fraud takes:

• Healthcare fraud. Healthcare fraud can be committed by individuals on either side of the healthcare system, whether they are the patient or the medical professional. Medical professionals could be charged with billing for services not rendered, intentionally overcharging for services provided, or intentionally pushing questionable products as remedies. Beneficiaries could be charged with fraud if they provide false information on Medicare or Medicaid applications, resell medication obtained through the program, or file claims for services that they never received.

• Tax fraud. Failing to file tax returns, evading tax responsibility, or providing falsified information in a tax return are all examples of tax fraud. It is imperative that all individuals provide accurate information on their tax returns, as the information provided will determine various benefit eligibility. Intentionally providing false information to manipulate returns, or otherwise avoiding tax responsibility, is a federal crime.
• Securities fraud. As with other forms of fraud, providing false or misleading information for the purpose of financial gain is an act of fraud. In the securities market, it is also an act of fraud to attempt to manipulate the market with false information. Additionally, it is illegal if one attempts to seek financial gain through insider knowledge or advises others to do the same. Ponzi schemes, pyramid schemes, and pump-and-dump schemes are also all classic examples of securities fraud.
• Mail and wire fraud. When an individual uses the United States mailing service to further a criminal act, this constitutes mail fraud. A prosecutor must prove that the defendant engaged in a scheme to defraud using misstatements or omissions of the truth which resulted in, or would have resulted in, the material loss of property, money, or services.

The complex nature of these types of crimes requires that you speak with a skilled attorney who can walk you through your charges. Michael J. Rosen, P.A., has been representing clients accused of fraud and other white-collar crimes for nearly five decades. We understand what it takes to pursue the most favorable outcome for clients facing any charge.

FAQs

Q: What Is Considered a White-Collar Crime?

A: A crime is classified as “white-collar” when it is financially motivated and is not directly violent. White-collar crimes can be committed by individuals, businesses, or government professionals and include various forms of fraud, corruption, and extortion.

These types of crimes generally include some form of deceit or concealment for the purpose of obtaining money, gaining a material advantage, or avoiding loss. The term “white collar” refers to the type of dress worn by those in the financial sector.

Q: Are White-Collar Crimes Difficult to Prove?

A: White-collar crimes are some of the most difficult crimes to detect, prosecute, or prove. The nature of the crimes tends to add confusion and complexity to each case, typically because those who commit them will typically go out of their way to conceal their activities. Much of the evidence presented in these cases is circumstantial and is at risk of being thrown out. White-collar crimes involve high sums of value, multiple defendants, and actions spanning long periods of time.

Q: How Are White-Collar Crimes Handled?

A: White-collar crimes are investigated by state authorities and federal agencies, such as the SEC, IRS, and the FBI. Agencies will commonly work together to investigate alleged white-collar crimes, which are most often prosecuted at a federal level.

White-collar crimes that reach a conviction are generally penalized with prison time, heavy fines, and restitution for any economic gains obtained through the illegal actions. One of the more difficult facts for the prosecution to establish is whether the defendant had intent.

Q: What Is the Most Common White-Collar Crime?

A: The most common type of white-collar crime committed is fraud, which encompasses many specific crimes, such as:

• Insurance fraud
• Healthcare fraud
• Tax fraud
• Identity fraud

All white-collar crimes tend to include some kind of deception, but fraud involves obtaining financial gain through false representation. The key legal point is that the misrepresentation or false promise was made intentionally and knowingly to purposely mislead others. The next most common white-collar crimes are embezzlement and extortion.

Your Miami Federal White-Collar Crime Lawyer

If you have been accused of committing a white-collar crime in Miami, the most important move you can make is to secure a reliable and trustworthy attorney to represent you in your case. The right attorney can make a profound difference to your case, affecting the rest of your life.

Michael J. Rosen, P.A., offers comprehensive legal knowledge, decades of experience in successfully handling difficult cases, and undivided focus and attention. Contact our office today to begin establishing a full and fair defense in your federal case.

“Ultimately, trial preparation and defense is what we do.” – Michael J. Rosen.
We invite you to call the firm to set up an appointment. (305) 446-6116.