Florida Criminal Lawyer Blog

Miami tax fraud attorneys have seen their case loads increase as technology has made it easier for individuals to perpetuate Miami tax fraud.

It wasn't that these crimes never happened before. But e-filing and other electronic methods have made it easier than ever to commit. However, even though there is an increasing ease, people sometimes forget that the penalties are gravely serious. In fact, Miami tax fraud is a federal crime, which falls under the purview of USC 7206(1) and USC 7206(2).

Essentially, here's what those laws say:

Anybody who provides the government with false information that they know to be untrue and which they have sworn to be true can be found guilty of a felony. Government tax forms will ask you if the information you have submitted is true to the best of your knowledge. So if you sign that (and you won't get the tax return if you don't), and you know the information is false, that's tax fraud. For breaking this law, you may be ordered to serve up to 3 years in federal prison (per charge) and can face fines of up to $250,000 (more if you're a business). The second part of that law indicates that if you help or aid anyone in committing tax fraud, you can face the exact same punishments.

So what's happening here in Florida?

Well, it has to do with our electronic filing system and the loopholes that are being exploited.

The number of tax fraud cases has tripled between 2009 and 2011, with operators of these schemes becoming increasingly sophisticated. They are able to obtain information such as bank account numbers, Social Security numbers and driver's licenses. Using this information, the individuals are able to file false tax returns, and the government, not yet detecting a problem, send them the refund checks intended for someone else.

The alleged victims don't actually find out about it until much later, when they go to file their tax returns and find it's already been done. Plus, the IRS isn't matching up W2's to tax returns until some time in June - months after many of these individuals have already received the tax return.

Florida has a particularly high rate of this because of the large concentration of seniors who live here. They are generally a prime target for these types of operations. And what's more, the IRS is generally slow to respond to complaints, which are filed in the form of an, "identity theft affidavit."

As one detective in The News-Press of Fort Myers put it, people no longer have to dodge bullets and sling crack to make $1,000. Now, with a few clicks of a mouse, they can steal $9,000.

But again, the apparent safety and ease of it all provides individuals with a false sense of security regarding the consequences.

Continue reading "Miami Tax Fraud: Big Business in South Florida" »

Federal tax evasion in Miami has landed three former National Football League players in trouble, following an FBI investigation aimed at nabbing individuals who were allegedly behind an identity theft fraud ring in which the goal was to file phony tax returns.

Miami tax evasion attorneys understand that according to The Miami Herald, the players are Michael Bennett, Louis Gachelin and William Joseph. The latter two are from Miami, while Bennett is a native of Milwaukee. Gachelin played for the New England Patriots, while Bennett played for the Minnesota Vikings and Joseph for the New York Giants.

The exact details of their alleged crimes aren't being released yet, but investigators say that while the fact that the fact that these were pro-athletes is what makes the case unique - not the crime itself.

In fact, they say it is just the most recent in a string of similar cases of identity theft that is cropping up across the state's southern half.

Another recent case included a Coral Springs woman, who in April pleaded guilty to heisting the identities of U.S. Marines and others in a tax refund scam. Authorities say her efforts were essentially to fool the IRS into sending tens of thousands of dollars in refund checks to her. The 29-year-old pleaded guilty in federal court to aggravated identity theft and fraud. In her case, she faces more than 20 years in prison. However, her Miami criminal defense attorneys were able to secure her a deal, whereby she was able to agree to work for the FBI as an undercover informant. In doing so, she is likely to significantly reduce her sentence.

Her scheme (which was likely similar to that of the NFL players'), worked like this: She used an electronic IRS number, which is issued to tax preparers to file phony returns of nearly 15 people. Several of those included soldiers who were serving overseas. She was able to garner more than $50,000 in false refunds.

The method by which she obtained the electronic number was not released. However, federal watchdog agencies have discovered that there is a loophole in the way the IRS allows electronic filings of tax returns. Basically, the IRS doesn't match the individual tax returns submitted to W-2 forms that employers file until after April 15 (in fact, it's usually sometime in June). By then, the identity theft has already occurred, and the refund money has likely already been sent out and spent.

Federal tax evasion is spelled out in 26 USC 7201. Basically what that says is that if you try to avoid paying your taxes, you are guilty of a felony, and you face up to five years in prison and a fine not to exceed $100,000 (or $500,000, if you're a business).

As for tax fraud, that law covers a variety of activity. The IRS on its website outlines a host of recent tax fraud cases across the country, which can give you a somewhat better sense of how the government defines tax fraud.

And of course, if you are facing criminal charges related to tax fraud or tax evasion in Miami, contact an attorney with experience.

Continue reading "Miami Tax Fraud and Evasion Charges Tackle Former NFL Players" »

A former state legislator has pleaded guilty to Miami tax evasion and failure to file a tax return, and is facing up to six years in prison.

Miami tax evasion attorneys know that situations like this can and do happen to smart, capable people - even when they are trying to abide by the law. Tax law is overall complex and mistakes are simple enough to make. The consequences, however, can be anything but simple - which is why you need an experienced Miami tax defense attorney to handle your case if you're accused.

In this case, Mandy Dawson, who served as a legislator in Fort Lauderdale for 16 years, told reporters that she was "no different than any other person walking the streets of America" with regard to her tax problems.

Federal prosecutors allege that Dawson did not pay income taxes of about $12,000 on a $92,000 income in 2004 and $13,000 on an income of $103,000 the following year. She was also formally accused of not filing a tax return from 2006 to 2008, though authorities said she hadn't actually filed returns for most of the past decade.

In accepting a plea deal from prosecutors, Dawson has agreed to file completed tax returns for those years, and pay any back taxes, fines and penalties.

As a state senator, her annual salary was about $31,000. The additional income, which she allegedly did not report, supposedly came from third-party checks that were given to her by political action committees and lobbyists.

Dawson was at the center of a five-year criminal investigation by the U.S. Justice Department into government corruption, known as "pay-to-play" politics. In that case, Dawson - a Democrat - is accused of accepting more than $80,000 through a former aid from Republican lobbyists and PAC's. That money was reportedly hand-delivered to her in cash, so as to reportedly conceal it from the government.

In exchange, Dawson reportedly agreed not to oppose certain measures that Republicans were trying to pass, specifically with regard to the medical profession.

One lobbyist has already pleaded guilty and is serving four years in prison for fraud conspiracy. He told the judge at his sentencing that such actions were the norm in Florida politics. Dawson, when questioned on that, said she disagreed, though she said she could not speak on behalf of that lobbyist.

Prosecutors said Dawson also received income from a local housing authority, a security firm and a charity for children.

Each count of federal tax evasion can be punishable by up to five years in prison and a fine not to exceed $100,000. Failing to file a tax return can garner up to one year in prison - for each count.

It appears Dawson will avoid an extremely severe sentence, as her guilty plea was part of a deal, but it's still not clear how much time she will serve. She's scheduled for sentencing in July.

Continue reading "Miami Tax Evasion Guilty Plea for Former State Senator" »

If you have been involved in a Miami criminal case, you may wonder what rights you have in plea discussions and sentencing.

It is important to have an experienced Miami criminal defense attorney to guide you in receiving the lowest sentence possible.

The Florida Supreme Court makes a decisive decision, clearing up Florida law surrounding plea dialogue procedures. The issue in this case is whether the State of Florida (State) can appeal a legal sentence on the ground that the trial court did not properly initiate a plea dialogue with the defendant.

State v. McMahon is a criminal case that arose out of defendant being charged for possession of cocaine, possession of drug paraphernalia, and grand theft. Defense counsel indicated at the hearing that it was his intent to try to resolve the case. The court agreed with that sentiment and told the defendant that if he entered a plea at that hearing and agreed to serve eighteen months, the state would not classify him as a habitual offender. However, the state objected to this court offer because it had already filed a notice of intent to seek a habitual felony offender sentence. Overruling the state objection, the court allowed defendant to enter a guilty plea for the above listed charges and he was sentenced to eighteen months in prison.

The state appealed the decision from the lower court, claiming that the court failed to conduct a hearing to determine whether the defendant was a habitual felony offender and the court improperly initiated plea negotiations with the defendant.

The court looks to statute to determine the appeal at hand. Everything hinged on judicial involvement in the plea bargaining process. It is noted that this case centers on separation of powers. Our government has three branches: the executive, the judicial and the legislative. It was the intent of the American founders to have judges act as impartial dispensers of justice and neutral arbitrator.

This court found that judges have been allowed to actively discuss possible criminal sentences and provide commentary on the proposed plea agreements in the cases they hear. Judges can also state the length of sentence they suggest to be appropriate for the charges against the defendant. Although a judge has the discretion of whether to participate in plea discussions, a judge is prohibited from initiating a plea discussion.
Through a thorough analysis of the record of the hearing, the court found that the defense counsel actually initialed the plea dialogue, allowing the judge to discuss sentencing.

When a defendant is a habitual offender, the court "shall" make the determination as to whether a separate proceeding should be held before the sentencing of the defendant. This hearing is referred to as a habitual felony offender (HFO) hearing. The purpose of this hearing is to provide a sentence according to the public risk created by the defendant's presence at large.

By statute, a state has the right to appeal a criminal case, with some limitations. However, the eighteen month sentence was legal as it was the minimum sentence stipulated in the sentencing guidelines of the Criminal Punishment Code. Therefore, because the judge did not initiate the negotiations the sentence was legal and therefore, not reversible.

Continue reading "Florida Plea Agreements: Judge's Role Debated in State of Florida v. McMahon" »

A federal crackdown on Miami tax evasion - namely efforts targeting offshore accounts that hide income and wealth - have been thwarted by a lack of tax prosecutors.

In fact, Miami tax defense attorneys and others close to the situation know that the U.S. Justice Department's tax division is down about 30 percent of its prosecutors in March alone.

Bloomberg News reports that of the 95 prosecutors that specialize in tax law, 25 were re-assigned to other areas across the country, for at least a period of six months. In fact, at least 11 major criminal cases were reportedly underway when the prosecutors were transferred to areas such as organized crime, child trafficking, narcotics and immigration. The cases involved financial advisers and foreign banks that were reportedly helping wealthy U.S. clients to circumvent their tax obligations.

It's a fact that these prosecutors have a great deal of knowledge and experience when it comes to matters of tax law. That's why having a skilled tax law defense attorney is so crucially important in these cases.

An official with the justice department was quoted as saying that tax evasion, particularly in the form of offshore accounts, continues to be a high priority for the agency. That means that regardless of these transfers, if you are charged with such a crime, you are going to need an attorney who is well-versed in the law and has experience in handling cases of such caliber and complexity.

These prosecutors were also working within a division that investigates and goes after individuals accused of illegal tax shelters and identity theft.

The crackdown on offshore accounts really gained momentum in 2007. That's when the justice department and the IRS started honing in on UBS AG (also known as UBSN), which is the biggest bank in Switzerland. This is a bank that ducked prosecution in 2009 by admitting to helping individuals commit tax evasion, paying nearly $800 million and giving the government information on some 4,600 accounts.

Federal prosecutors then dug through those records, and have since filed criminal charges on approximately 20 foreign bankers and at least 40 taxpayers in the U.S.

The IRS reports that about 30,000 taxpayers in the U.S. have circumvented prosecution with regard to their offshore accounts by entering a program of limited amnesty. If they paid back taxes and disclosed who had helped them hide their accounts, they wouldn't face jail time. Many of those cases are still ongoing, and it's obvious that transferring those prosecutors has slowed the entire process.

This would be true in any arena of law, but it's especially the case in white collar and tax-related crimes because they are so complex.

Still, the justice department continues to maintain that it will be as vigilant. Part of the six-month re-assignment program, according to department officials, involves tax fraud prosecutors educating others in different jurisdictions about how tax evasion and other scams are carried out.

Continue reading "Miami Tax Fraud Crackdown Slowed by Prosecutors' Transfer" »

A Florida tax fraud case out of Tampa illustrates how cases of fraud in Miami and across the state can be complex.

Miami tax fraud attorneys know that such cases require a defense team with a great deal of experience in U.S. and Florida tax laws. Sometimes, these situations arise when business owners don't quite understand all of their legal tax obligations. Other times, there may be a clear disregard for the law. But even in cases where there is mounting evidence against you, a skilled criminal defense attorney can work to have some of that evidence tossed out, or to have a number of the charges reduced.

In this situation, two brothers who owned Empire Street Wear, an apparel store and check cashing business, are accused of purchasing stolen tax refund checks from individuals who had allegedly engaged in identity theft to file phony tax returns.

The U.S. Treasury Department estimates the total dollar amount of the checks and preloaded debit cards surpassed $100,000 between the beginning of 2011 and just recently.

One of the brothers, age 35, is additionally accused of using some of that money to buy counterfeit designer clothes to turn around and sell at the store, according to prosecutors. The rest of the money was reportedly distributed among more than 180 bank accounts, which had been set up in the names of some 150 alleged victims of identity theft.

Also involved in the alleged scheme was a Regions Bank employee, who apparently helped to set up the accounts. He has been arrested, though is reportedly assisting authorities. Additionally, there is said to be a police officer from Ocala who also helped to set up the accounts, by providing information from driver's licenses contained in law enforcement databases. The officer has pleaded guilty to federal charges of aggravated identity theft and conspiracy.

The 35-year-old clothing store owner is facing charges of money laundering, mail fraud and tax fraud.

His 38-year-old brother was recently convicted in Fort Lauderdale on a related tax fraud case, and faces a five-year federal prison sentence.

The raid on Empire Street Wear in September was part of a bigger law enforcement crackdown called "Operation Rainmaker," which was a response to numerous allegations of tax fraud across the state. The operation has ultimately resulted in proposed legislation and congressional hearings.

This location was reportedly just one of several in which individuals used heisted Social Security numbers and false income information to file tax returns, with the refunds then being sent to addresses they had submitted.

At Empire, authorities reportedly found about $20,000 in cash, $60,000 in money orders and $120,000 in phony Treasury checks.

Bail for the clothing store owner was set at $20,000, though authorities have stipulated that in order for any bond to be accepted, he must prove the money was made legitimately.

Continue reading "Florida Tax Fraud Case Illustrates Complexities " »

An ousted Haitian president is facing accusations from the U.S. government that he profited millions of dollars by engaging in numerous white collar crimes in Miami.

It's not clear to Miami white collar criminal defense attorneys exactly what the outcome of the allegations will be, though developments are certain to be closely followed.

According to The Sun Sentinel, a federal indictment that charges four business owners from South Florida with corruption and money laundering doesn't explicitly name former Haitian president Jean-Bertrand Aristide. But officials have said it is him.

The indictment outlines a complex scheme that worked like this: Officials working for Haiti Teleco, which is a telecommunications company owned by the country's central bank, reportedly received more than $2.3 million from Uniplex Telecom Technologies and Cinergy Telecommunications, two Miami businesses. This might not be an issue, except that federal authorities say that the companies were essentially shells to allow for kick-backs to Haitian officials.

Aristide's attorney was quoted as saying any insinuation that the ex-president was involved in such fraud is part of a smear campaign led by the U.S. government.

The indictment says that there were bribes that were sent to Aristide through Digitek, which is owned by his brother-in-law. Authorities suspect that company, too, is simply a shell set up to provide money to high-level Haitian authorities.

This recent indictment is one of nearly a dozen similar cases over the past three years. One of those cases had involved kickbacks for lowered long-distance phone call rates, which were allegedly pocketed by powerful Haitians. As it stands now, seven have been convicted of corruption and money laundering. Some of those convicted are now reportedly cooperating with federal officials in an effort to have their own sentences reduced. One of those was Aristide's director general at Haiti Teleco from 2001 to 2003. He has reportedly told officials that he and Aristide shared those kickbacks.

It's not the first time Aristide has found himself embroiled in a Miami criminal case. Years ago, a U.S. grand jury declined to indict him on charges of money laundering and drug trafficking.

Meanwhile, Haiti's current president has moved forward in its indictment of Aristide, alleging he participated in widespread corruption and drug trafficking while he held office.

Currently, the old director of international relations for Haiti Teleco is on trial in a Miami federal court, also accused of money laundering.

Some experts on Haiti have been quoted as saying that it boils down to political motivation - the U.S. wants to discourage Aristide from trying to regain power again in his native country at such a volatile time, following the January 2010 earthquake.

But what it comes down to is that in sending that message, many Miami businesses are getting swept up in the process. A skilled Miami white-collar crimes defense attorney is going to be critical in facing down the allegations.

Continue reading "Ex-Haitian President Accused of White Collar Crimes in Miami" »

A guilty plea on charges of Miami tax evasion and conspiring to commit mail and wire fraud was entered by a Miami man accused of taking in nearly $5 million in a racetrack billing scheme.

Miami tax evasion defense attorneys have been closely following the case, in large part due to the large sums of money involved. In a lot of these cases, individuals think they may be able to game the system to their advantage. Other times, they are prosecuted despite the fact that the entire ordeal amounts to a misunderstanding of complex tax codes that are ever-changing. In either case, having an experienced Miami tax evasion defense attorney on your side is critical. No attorney can promise you won't serve jail time, but hiring someone well-versed in tax law is certainly going to improve your chances.

In this case, the individual was facing a federal trial, and instead opted to plead guilty.

According to numerous media reports, the 53-year-old is the former superintendent of the Calder Race Course in Miami Gardens - a casino and horse track. He has reportedly admitted to participating in an illegal scheme with two others to get kickbacks from the company, which cost owners an estimated $5 million over the course of a decade. When a judge asked him what his motivation was, he answered simply, "The money."

While employed at the track, he had been given the job of keeping up maintenance on the grounds, particularly the track and the barn area. The scheme was reportedly implemented by this individual and two others who submitted phony invoices and delivery tickets for supplies - namely chemicals - that were never actually purchased or delivered. In fact, about 80 percent of the tickets submitted to the track were for items that didn't exist. He split about $1.5 million with one of his co-conspirators and $2 million with another.

Additionally, he admitted to getting another $1 million from contractors in the fields of welding, plumbing and painting. Prosecutors say he helped them secure the bids for the track's services. They, in turn, would give him a portion of the cash.

Plus, while he was reporting to the federal government that he was making little more than $70,000 annually throughout that time, he was actually bringing in more than $550,000. That means he should have been paying almost $160,000 a year in taxes.

He's going to have to pay that back, in addition to the hefty restitution he is expected to be ordered to fork over.

Criminal tax evasion charges in Miami are serious. In this case, the defendant could have received up to 25 years behind bars. However, because he has cooperated, prosecutors are likely to recommend a sentence much lighter. Here again, having a skilled Miami tax evasion defense attorney can assist you in negotiating for the best possible option, depending on the unique circumstances of your case.

Continue reading "Miami Tax Evasion Likely to Net Prison for Former Race Track Employee" »

The South Florida Business Journal is reporting that four people have been arrested in connection with a foreclosure scam that netted $2.4 million.

White collar crime in Miami, such as real estate fraud, has garnered more and more attention in recent years as the number of foreclosures has increased and the market has stagnated.

Miami criminal defense lawyers have seen many people arrested in connection with these schemes who had nothing to do with a crime. They may have worked for a peripheral company that may have had questionable dealings, but they didn't personally know anything criminal was going on.

In this situation, four people are charged with grand theft, criminal use of personal information and uttering a forged instrument. According to court documents, the defendants claimed that had connections with Miami government officials that allowed them to offer advance deals on foreclosed homes that were available for auction on the government's website.

Alleged victims were called over the phone or approached in public places, such as at local resorts or casinos. The victims allegedly produced checks ranging from $1,000 to $195,000 to the county, but the defendants took checks to check-cashing stores claiming they had put the wrong name in the "to" field.

Some of the victims were provided fake notarized documents to back up their claim.

Miami continues to rank among the worst cities for mortgage fraud. This is due, in part, to the speculative nature of many of these house and condo purchases. Many buyers are from other parts of the country or world and bought in Miami because they hoped to turn a profit.

Since the market has taken a tumble, many people who don't live anywhere near Miami could be subjected to scams. As with houses that were involved in schemes as people were trying to flip properties for profit, now there have been many instances of alleged short sale and foreclosure fraud schemes.

These charges can either be brought in state or federal court. According to the news article, this particular case was investigated by state officials, making the charges slightly different. Whether charged in state or federal court, the allegations are serious and can lead to major penalties.

Any white collar crime requires an attorney who has years of experience handling these types of cases. Unlike violent or theft-based crimes, white collar crimes can be complex and deal with more than meets the eye. This is why properly vetting all prosecution witnesses and examining all the evidence is so important.

In many cases, law enforcement officials jump to conclusions about who is guilty and who simply was victimized themselves. And because the real estate market, foreclosures and other house-related topics are still in the news, authorities often try to make as many arrests as possible in order to try to show they are battling the problem. But not everyone arrested is guilty and not everyone deserves the bad rap.

Continue reading "Miami Foreclosure Fraud Charges Faced by 4 Involved in New Scheme" »

A man who posed as a florist and pulled off an armed robbery in Miami is on the loose and police are trying to find him, CBS Miami is reporting.

Stories like these can be daunting for citizens. Their home is seen as their castle and they should feel safe. But imposters who commit home invasion robberies or the odd stories of hearing people being pulled over by fake police officers can be frightening.

At the same time, the police often have a difficult time finding the suspects in these cases. That's because there are often few credible witnesses or the crime happens so suddenly and surprisingly that the victim can't get a good look at the suspect.

Many times in situations like these, police will rely on shaky witnesses or grainy video surveillance to try to find a person days, weeks or months after the fact. Miami criminal defense lawyers recognize that after so much time has gone by, the amount of evidence police have may vanish.

Witnesses typically have a better memory closer to the date of the incident, so if police aren't able to find people right away who saw something, they may run out of leads quickly. Also, in theft cases, if detectives aren't able to find evidence of what was stolen or link a person to the goods, it could be tough for them to put together a strong case.

According to the news report, the suspect posed as a delivery man and knocked on the door of the home. He brought flowers and chocolates to the door and when the woman opened the door, the man forced his way inside.

Police say he was armed with a gun and in less than a minute was able to get away with cash and jewelry. The woman was home alone with her child, though neither were injured.

Police were thankful that the woman and her child were not harmed, but warn people to make sure that a home delivery person is actually an employee of the company. They urge citizens to try to confirm that before opening the door to a stranger.

In this case, police haven't yet said whether the victim may have known the suspect. It would take a lot of work for a person to get a fake uniform, buy flowers and chocolates and go to a house to commit a single robbery. It's possible that there may be other similar crimes in the future.

If police don't have any evidence at the scene that links a person to the crime and there are no solid witnesses who were able to positively identify a suspect, police may not get their man. Minor circumstantial evidence typically isn't enough to get a conviction, especially on a major felony case.

If an arrest is made, the suspect should make sure to employ a skilled Miami criminal defense lawyer, who will scrutinize witnesses, question the state's evidence and ensure all the facts come out.

Continue reading "Fake Florist Committed Robbery in Miami" »

An 18-year-old student was recently arrested and charged with aggravated battery in Miami after allegedly stabbing a classmate, The Miami Herald is reporting.

The juvenile also now faces a charge of carrying a weapon on school grounds after reportedly being bullied. Fights break out at schools all the time, but sometimes police take an aggressive approach with charges that can lead to big problems.

A juvenile facing a felony charge can see their future disappear. A conviction can be even more devastating. Teenagers must know that being involved in the criminal justice system can make earning scholarships, getting into college or even getting a job very difficult.

If they are convicted, they may see any dreams they have at a better life disappear. That's why it's important to entrust their case to an experienced Miami criminal defense attorney. Every case has a defense and questions that can be raised in the state's case to raise doubt. For teenagers facing a major charge, especially, it's critical to make sure care and attention are paid to their case.

According to police, two students got into an argument in the school cafeteria and when the suspect went to go to class, the alleged victim took off his shirt, motioning that he wanted to fight.

Students blocked the suspect from leaving and a fight started, with the alleged victim hitting the 18-year-old several times in the head and face. The teen then took out a small utility knife and stabbed the other teen several times.

The teen said he didn't know the knife was a weapon, as he typically used it to clean his fingernails. The knife was later found near some portable classrooms after the 2,000-student school went on lock down.

Seeing an increase in fights at the school recently, police set up a random metal detector search for weapons. They also went door-to-door in the neighborhood as an outreach effort to connect with community members.

This case seems to be a classic situation of self-defense. While the student may not be able to avoid the carrying a weapon on school property charge -- as the fight was caught on video surveillance -- on the aggravated battery charge, he may have a strong defense.

According to Florida Statutes 784.045, aggravated battery is a second-degree felony, which can be punishable by up to 15 years in prison.

The definition of the crime is committing a battery while intentionally or knowingly causing another person great bodily harm, disability or disfigurement or committing a battery while armed.

But this charge can be beaten if self-defense can be proven by the teen's Miami criminal defense attorney. The teen allegedly told police he didn't start the fight and that he was trying to leave when others forced him into a fight with the alleged victim.

If witnesses or video surveillance can back that up, that's a strong start. And if the alleged victim was the aggressor in the actual fight, that would only bolster the case that this teenager wasn't trying to fight and simply was protecting himself.

Continue reading "Juvenile Charged in Miami High School Stabbing" »

The South Florida Business Journal is reporting that a Miami woman recently pleaded guilty to her role in connection with a $200 million Medicare fraud scheme.

Miami white collar defense lawyers recognize that federal prosecutors are constantly monitoring big business deals and attempting to bring charges of fraud or other white collar crimes in Miami.

Medicare, Medicaid and other medical-related fields are also hot-button issues in Miami and throughout South Florida because of the number of older residents in this part of the country. Florida, and Miami in particular, has been called one of the most frequent places where medical fraud is committed.

There are certainly skeptics who believe that every older resident in South Florida is overcharged for medical procedures in some type of scam to rip off the federal government. That simply isn't true. There are many hard-working and fair-minded doctors, pharmacists, nurses and other workers who have never committed a crime.

Sadly, the area sometimes gets painted with a broad brush, and many people in this industry are viewed suspiciously. And while that may not be ideal, it can become dangerous if federal and state prosecutors start snooping around.

That's when an experienced Miami criminal defense lawyer is really needed. The sooner an attorney can get on the case and begin investigating, the better for the suspect. Waiting until an arrest is made is foolish because by then, investigators have done months or years of research, building their case.

In this case, according to the South Florida Business Journal, a 38-year-old Miami woman admitted that she took part in a $200 million Medicare fraud scheme. She admitted to prosecutors in pleading guilty that she solicited beneficiaries while working as a marketer for a medical facility and paid kickbacks to assisted living facilities, patient brokers and halfway houses in exchange for business.

In other cases, the patients themselves received kickbacks in order to go to the office. The center then billed Medicare for medically unnecessary services, the news report states. The woman also said she took part in a separate scheme at a home health agency where she submitted fraudulent claims to Medicare to the tune of $46 million.

The woman faces up to 15 years in prison and a $250,000 fine when she is sentenced later this year. The penalties alone show just how serious these allegations are and that a defendant or suspect requires a lawyer with vast experience handling white collar crimes in federal court.

While there are similarities between the state and federal courts, federal court is generally a tougher place to defend cases. There are different procedures and rules regarding evidence that is collected. Unlike state cases, which are typically brought in on a daily basis based on police arrests, federal authorities can research and investigate a case for months or years before bringing charges. That gives the prosecutor an advantage.

Trust in experience if you or a loved one is faced with a serious white collar crime charge. Any time a person's liberty is on the line, they must have strong legal representation.

Continue reading "Miami White-Collar Medicare Fraud Case Leads to Additional Conviction" »

Detroit Tigers' All-Star first baseman Miguel Cabrera, arrested last spring in St. Lucie County and charged with DUI, avoided jail time recently when he entered a no-contest plea to the charges, the Detroit Free Press reports.

Our Miami DUI defense lawyers recognize that facing a DUI charge is the last thing someone wants to face just as the new year begins, but it happens.

As our Miami DUI defense lawyers pointed out on our Florida Criminal Lawyer Blog in December, local and state law enforcement officers were out in full force throughout the middle of December and January 1 looking for drunk drivers in Miami.

While official statistics haven't yet been released, it's likely that several hundred people were arrested by authorities and now must face the process of trying to figure out how to deal with the criminal justice system. It is a very complex and daunting proposition for anyone to go through.

An experienced criminal defense lawyer would typically advise most clients that while this charge is filed most often as a misdemeanor, it is treated more severely than most other misdemeanors.

Lawmakers have used a DUI charge in Florida as a political platform by increasing penalties year after year in an attempt to show they are tough on crime. A first-time offender in Florida can be looking at possible jail time, probation, an alcohol education program, possible ignition interlock device, fines and fees and potential other sanctions.

A defendant must also keep in mind that his or her driver's license is at risk the minute they are arrested. It will be taken away and they must request, within 10 days of arrest, a DMV administrative hearing. This is a separate issue from the DUI criminal charge and it is a largely technical hearing that can result in a person keeping his or her driver's license.

If a person doesn't ask for this hearing, they could be stuck without driving privileges, which can be a major burden for someone who needs a vehicle to work or go to school.

In Cabrera's case, he actually got his driver's license back, despite being arrested in February in Fort Pierce. He was on the side of the road in a Range Rover when officers responded. The Free Press reports that his vehicle was disabled and he was holding a bottle of Scotch, taking sips.

He refused a breath alcohol test that could have determined his blood-alcohol level and he was arrested by officers. He was scheduled to go to trial this month and the plea came at the last minute before jury selection was expected to start.

The newspaper reports that he pleaded no contest to driving under the influence. The charge of resisting an officer without violence, a misdemeanor, was dropped. He will not face jail time, but the newspaper didn't report what other sanctions he would face as part of the plea agreement.

Continue reading "Detroit Tigers' First Baseman Miguel Cabrera Pleads No Contest to Spring DUI" »

NBC Miami is reporting that 21 people were arrested as part of "Operation Cardiac Arrest" after authorities looked into an alleged scheme that allegedly put assisted-living residents at risk.

White collar crime in Miami is generally considered to be crimes that are designed to net the suspect money through non-violent means. This typically includes some type of fraud, racketeering if a business is involved, computer hacking or perhaps identify theft.

All of these elements can make for serious charges. The penalties for white-collar crimes tend to be more extensive than their blue-collar counterparts. With the exception of violent crimes, charges of theft and burglary tend to be punished with less vigor by prosecutors than white-collar charges.

That's where an experienced Miami white collar defense lawyer comes into play. Fighting these charges not only means fighting to ensure a person's freedom, but also their finances.

In these types of cases, prosecutors will often go after what's called restitution, which is money paid back to the victims after a conviction. In cases where money was made off the scheme, a defendant may be forced by a judge to pay back a certain amount of the money.

This is difficult because after a person has been sentenced, they will likely have prison time to serve or possibly probation. It's likely they will be unemployed, so making money to pay back can be a hardship.

In a separate civil hearing, law enforcement will often attempt to seek cars, a house and other assets they believe were purchased as a result of the illegal activity through a forfeiture proceeding. So, there are major consequences to these types of charges.

According to the news article, prosecutors recently announced the arrests of nearly two dozen people. They believe that a Little Havana woman created fake credentials in her apartment.

People would come to her and pay for a fake health-related certification so they could get a job with assisted-living facilities in South Florida. According to investigators, an undercover detective posed as a person who needed a job and contacted the woman. She told him she could get him a job working with children with Down syndrome for only $200.

One facility was shut down after authorities realized there was no one working there who properly could care for people. All had phony credentials. Healthcare workers require specialized training to deal with the elderly or those with disabilities.

The woman considered the ringleader who is charged with making the phony credentials faces charges of racketeering, forging and counterfeiting credentials. The fake healthcare workers, private bus operators and others were arrested, but it's unclear what charges they face.

The story also doesn't address who was doing the hiring at these facilities. If alleged phony credentials were presented, how come there wasn't a screening process in place? There should be accountability for those who did the hiring and firing at these places of business as well.

Ultimately, the state has a huge burden to prove beyond all reasonable doubt that these people knew they were getting fake credentials and that they indeed attempted to use them to gain employment.

Continue reading "Alleged Assisted-Living Scam Leads to 21 Arrests in Miami White-Collar Crime" »

As the winter holiday season approaches, law enforcement officers in Miami and throughout South Florida are making plans to combat drunken driving.

The week of Christmas is among the most congested traffic times in our area, and for law enforcement it is one of the biggest periods for DUI in Miami offenses.

As they did around Thanksgiving, law enforcement will be increasing patrols and attempting to make as many DUI arrests as possible.

This is why consulting with an experienced Miami DUI defense lawyer as soon as possible after arrest is critical. Ensuring that you are well represented is important so that you get a fair shot at defending against the charges.

According to Florida Highway Patrol, troopers arrested 136 people for DUI during the Thanksgiving holiday and they filed a total of 12,300 citations against motorists in that time period.

That compares well to 2010, when troopers made 121 DUI arrests during the four-day holiday period and filed 12,770 citations.

But compare those numbers to the December holiday season enforcement numbers. While the period was longer -- Dec. 16 to Jan. 3 -- troopers made an overwhelming 474 DUI arrests in Florida. They filed nearly 41,000 total citations in that time period.

Expect similar numbers this year. Police make DUI a priority because it's the most commonly filed charge in the country. And, yet, it's the charge that is least likely to be planned out by a "criminal." Every day people can simply have one drink too many, take a sharp turn, get pulled over and their life has changed forever.

They may not even feel intoxicated based on their weight and the time span of how many drinks they consumed and the food they ate, but according to the law, it's possible they were driving under the influence.

In Florida, the legal blood-alcohol level is 0.08, although a person can be charged with DUI even without officers taking a breath test. It's possible their observations or a field sobriety test can be used as a substitute for a breath test, but that still presents challenges for the state.

News stories like these will keep law enforcement vigilant during the holiday season. BC Miami reported recently that a Pompano Beach accident was caused by a man who was allegedly drinking and driving.

The report states that a Jeep Cherokee trying to make a left turn lost control and rolled down the highway, coming to rest on top of a police cruiser. Two Lighthouse Point police officers had just finished a traffic stop and were preparing to make a u-turn when the Jeep came barreling toward them, NBC reports.

The passenger in the Jeep died. An officer was injured. The 43-year-old driver was also hospitalized and has been charged with DUI, failure to use due care and possession of a controlled substance. It's unclear if those charges will be upgraded to reflect his passenger's death.

Continue reading "Law Enforcement Will Step Up Efforts to Make DUI Arrests in Miami This Holiday Season" »