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
| Charge | What it covers | Maximum prison term |
|---|---|---|
| Wire fraud, 18 U.S.C. § 1343 | A scheme to defraud carried out using interstate or foreign wire communications | 20 years; 30 if it affects a financial institution |
| Mail fraud, 18 U.S.C. § 1341 | A scheme to defraud that uses the Postal Service or a private interstate carrier | 20 years; 30 if it affects a financial institution |
| Bank fraud, 18 U.S.C. § 1344 | A scheme to defraud a financial institution or obtain its money by false pretenses | 30 years |
| Money laundering, 18 U.S.C. § 1956 | Financial transactions with proceeds of specified unlawful activity | 20 years |
| Tax evasion, 26 U.S.C. § 7201 | A willful attempt to evade or defeat a tax or its payment | 5 years |
| Federal program bribery, 18 U.S.C. § 666 | Theft or bribery involving organizations that receive federal funds | 10 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
- Records and referralsBank reports, audits, complaints or a cooperating witness bring the matter to agents.
- Subpoenas and interviewsRecords are subpoenaed and employees or customers are interviewed.
- Target noticeIn appropriate cases prosecutors notify a target before seeking an indictment.
- ChargesAn indictment or information is filed, often with several counts.
- 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.