White-collar crime defense in South Florida

If your business, your billing or your finances are under federal scrutiny, the case may already be well underway before you hear about it. Talk to a trial lawyer before you respond to agents, auditors or a subpoena.

Free, confidential consultation.

Where are you in the process?

What to do now

  1. Be polite, but do not answer questions until you have spoken with a lawyer.
  2. Ask for each agent’s name, agency and contact details.
  3. Do not delete, change or move records, emails or files.

Who faces these allegations

White-collar cases reach business owners, executives, physicians, bookkeepers, loan officers, public employees and the people who work for them. Many have no criminal record and have never dealt with federal agents.

The allegations usually involve money, paperwork and intent. The government often has bank records, emails and billing data before it contacts anyone.

Common federal charges

ChargeWhat it coversMaximum prison term
Wire fraud, 18 U.S.C. § 1343A scheme to defraud carried out using interstate or foreign wire communications20 years; 30 if it affects a financial institution
Mail fraud, 18 U.S.C. § 1341A scheme to defraud that uses the Postal Service or a private interstate carrier20 years; 30 if it affects a financial institution
Bank fraud, 18 U.S.C. § 1344A scheme to defraud a financial institution or obtain its money by false pretenses30 years
Money laundering, 18 U.S.C. § 1956Financial transactions with proceeds of specified unlawful activity20 years
Tax evasion, 26 U.S.C. § 7201A willful attempt to evade or defeat a tax or its payment5 years
Federal program bribery, 18 U.S.C. § 666Theft or bribery involving organizations that receive federal funds10 years

These are statutory maximums. Actual sentences depend on the federal sentencing guidelines, the alleged loss and many other factors.

Witness, subject or target

Justice Department policy describes a target as someone the prosecutor has substantial evidence linking to a crime and considers a likely defendant. A subject is someone whose conduct falls within the scope of the grand jury’s investigation.

Your status can change as an investigation develops. Knowing where you stand, and what you should and should not say, is one of the first things a lawyer can help with.

Your status in an investigation can change, which is why the first response matters.

How these cases usually unfold

  1. Records and referralsBank reports, audits, complaints or a cooperating witness bring the matter to agents.
  2. Subpoenas and interviewsRecords are subpoenaed and employees or customers are interviewed.
  3. Target noticeIn appropriate cases prosecutors notify a target before seeking an indictment.
  4. ChargesAn indictment or information is filed, often with several counts.
  5. Plea, trial and sentencingThe case resolves by agreement or trial, followed by sentencing if there is a conviction.

How Kaufman Legal Group can help

Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He also works as a jury consultant. He works with Phil Horowitz, who has practiced criminal defense since 1985 and spent decades on the CJA panel in the Southern and Middle Districts of Florida, and Victor E. Rocha, admitted to The Florida Bar in 1983, who practices in federal courts including the Eleventh Circuit and the Southern District of Florida and speaks Spanish. Together they bring more than 100 years of combined experience.

In white-collar matters, that means reviewing the documents the government is likely to rely on, responding to subpoenas, speaking with prosecutors before charges when it helps, and preparing a case that can be tried. The first consultation is free and confidential.

Questions

Common questions

Can I be investigated even if I did not personally take any money?

Yes. Federal fraud and conspiracy statutes can reach people who took part in a scheme or agreed with others, even if they did not receive the money themselves. Intent is usually central to the defense.

Should my company’s lawyer handle this?

A lawyer hired by the company works for the company, and its interests may not always match yours. If you are personally exposed, talk to a defense lawyer of your own.

Will I get a target letter before I am charged?

Not always. Justice Department policy encourages notice in appropriate cases, but not where it might risk flight, destruction of evidence or harm to the investigation.

Contact

Request a free, confidential consultation

Leave a name and number and a lawyer will call you back. If someone has been arrested or is a target of an investigation, call the firm now.

(954) 648-8965
Kaufman Legal Group, PA
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
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