Financial crimes are frequently considered less serious because they are non-violent, but these offenses are frequently felonies and can even be charged federally. These offenses include types of fraud, theft, and other illegal uses of property and funds. Investigations for these offenses can be very serious, impacting your personal and business life, and a conviction can affect your whole future. A Miami financial crimes lawyer can help protect your rights and interests.
Investigations and charges for financial crimes could happen due to potential suspicious activity reported by financial agencies or other issues with your finances or your identifying information.
You need effective legal support as soon as you are aware of an investigation, regardless of your guilt or innocence. An attorney can defend your interests and ensure that investigative agencies do not violate your rights. These cases are complicated, and working with an attorney can help you understand your situation and potentially help you avoid charges or a conviction.
Dedicated Defense Attorneys for Financial Offenses in Miami
At the Law Office of Ramon de la Cabada, our leading attorney has more than 34 years of legal experience in criminal defense as well as business and financial law. His experience also includes work as a criminal prosecutor, providing our firm with exceptional insight into how prosecutors investigate and charge cases. We have a deep understanding of both sides of the criminal justice system and leverage that knowledge to your benefit.
We can help support you from the instant you are aware of an investigation into you or your business. We help you protect your rights and begin building a defense. If you are arrested and charged, we will continue to protect your rights and help you navigate the process. Our goal is to limit the penalties you face and potentially prevent conviction altogether.
We want to help you secure the most beneficial outcome for your case. The earlier you begin working with us, the sooner we can provide you with legal advice and support your interests. We take the time needed to understand your story, the cause of the investigation, and the financial crime charges you might face.
What Are Common Financial Crimes We Help Defend?
There are many types of financial crimes, and they affect individuals throughout the state every year. Losses from financial crimes by state residents older than 60 were more than $3.4 billion in 2023, most commonly from tech support fraud.
Cyber Crimes have also continued to grow, making many financial crimes easier to commit. The Internet Crime Complaint Center received 41,061 complaints from Florida in 2023 regarding cybercrimes, including investment fraud, e-mail compromise, tech support scams, and ransomware incidents. Florida had the third-highest number of reports in all 50 states.
Financial crimes can have devastating consequences for victims, resulting in substantial financial harm to many people. Because of this, the offenses are harshly prosecuted by the state and federal governments. Financial crimes can be complex to understand and defend against, so it is essential that your attorney has the relevant experience.
Crimes We Can Help With
At the Law Office of Ramon de la Cabada, we can help in some of the following areas of financial offenses:
- Embezzlement is the crime of taking money or property, specifically by a professional who was entrusted with the safekeeping of the property. This could include an employee with control over client finances taking those funds or the trustee of a trust stealing the trust’s funds. While the person initially has legal control of the property, they misappropriate the funds.
In Florida in 2019, there were 1,047 arrests for embezzlement reported to the Federal Bureau of Investigation (FBI). The crime of embezzlement in Florida is charged as a theft offense, and so the penalties associated depend on the amount stolen.
The fact that the individual was trusted with the property and breached that trust can also be an aggravating factor. Theft charges can range from a second-degree misdemeanor to a first-degree felony.
- Fraud. There are numerous different types of fraud that can be criminally charged, with the basic definition of fraud being the misrepresentation or concealment of a fact through deception or lies. According to the FBI, there were 11,226 arrests for fraud in Florida in 2019.
Some of the most common types of fraud include tax fraud, credit card fraud, bank fraud, wire and mail fraud, securities fraud, insurance fraud, healthcare fraud, Payment Protection Program fraud (typically knows as PPP Fraud), and mortgage fraud.
Bank fraud is the defrauding of a financial institution to gain money, and it can become a federal offense, depending on the bank’s insurer. Healthcare fraud can include many different offenses, such as filing false healthcare claims, lying on an application for healthcare coverage, or forging prescriptions.
- Forgery and counterfeiting. There were 1,808 reported arrests of forgery and counterfeiting in the state in 2019.
Forgery is the crime of falsely making, changing, or creating a public record or other document that can be used as legal proof. This includes forgery of a will, testament, letter of attorney, policy of insurance, money, or a common carrier ticket. This is a third-degree felony.
Counterfeiting is the known and intentional manufacture, forging, distributing, or possession of false documentation or other goods with trademarks or service marks. These offenses can be charged anywhere from a first-degree misdemeanor to a first-degree felony, depending on the amount of counterfeited items, the value of the items, and whether anyone was injured.
- Cybercrimes. Many fraud crimes and other financial offenses are committed online, including identity theft and credit card fraud. Other offenses, such as computer hacking, can also be involved in financial cybercrimes. Certain offenses against computer users can result in felony charges. Many cybercrimes are handled at the federal level instead of the state level because the victims of the offenses may be across borders.
- Identity theft. This occurs when someone obtains information about another person, typically through fraud, to secure financial gain. This is charged as a felony in Florida, with the possession and intent to use personal identifying information being a third-degree felony, and the charge increases to either a second or first-degree felony depending on the amount actually stolen or the number of victims of the offense.
- Money laundering. This is the offense of turning illegally obtained money into legitimate money through business or other financial transactions, making the funds appear legal. This offense may be charged federally or at the state level. These offenses are felonies, with the severity of the felony dependent on the amount of money laundered over a specified period of time.
- Bribery and public corruption. Bribery is the offense of knowingly and purposely giving or offering a public servant something of value in exchange for having sway over the public servant’s influence. It is also an offense for a public servant to request or accept a bribe. Public servants include any officer or employee in a governmental position or a candidate for an elected position. This is a second-degree felony.
Public corruption is similar to bribery, making it unlawful to give a public servant a gift or benefit for any past, present, or future action or inaction. There are limited exceptions, such as a reward for apprehending a criminal. Public corruption is also a second-degree felony.
A first-degree felony could lead to 30 years imprisonment, or even up to life in some cases with additional punishments like fines, forfeiture and restitution.. Misdemeanors are charged less harshly than felonies, but a first degree misdemeanor can result in a sentence up to 364 days and a second degree misdemeanor can result up to a 60 day imprisonment.
It’s important that you work with legal representation that has experience in the type of offenses you are facing. This means the attorney is likely to have the knowledge and resources needed to address your case properly and give you the greatest chance of a successful outcome.
Where Are Criminal Financial Claims Prosecuted in Miami?
Criminal cases that are handled in Miami could be handled in the following courts:
- The Miami-Dade County Courthouse at 73 West Flagler Street
- The Richard E. Gerstein Justice Building at 1351 NW 12th Street
However, this is only if the offense is charged at the state level. Many financial crimes may be charged federally due to significant amounts of money, the offense affecting a federal agency, the crime being committed online and over state lines, or the victims of the crime being from different states.
If the offense is handled at the federal level, it will be managed by the U.S. District Court for the Southern District of Florida. There are three courthouses located in Miami that are in this courthouse complex, including the Wilkie D. Ferguson, Jr. U.S. Courthouse.
How Does an Attorney Help Me?
An attorney understands the legal process of a criminal case and better understands the challenges you face and the potential defenses that may apply. They can review the specifics of your situation and determine what is the most effective way to protect your future. Your attorney keeps you informed throughout an investigation or criminal case.
Protecting Your Future Against Criminal Charges in Miami
At the Law Office of Ramon de la Cabada, we believe in providing compassionate and respectful criminal defense for our clients. When you work with our team, we fight for you. The sooner you get in contact with our firm, the sooner we can begin working to protect your interests against charges or investigations for financial crimes.
