Miami White Collar Criminal Defense
Our white collar defense attorneys represent business owners, executives, professionals, politicians, and other clients in white-collar criminal cases. If you are under investigation or facing charges in Miami, we can use our experience to protect you.
Facing white-collar criminal allegations is a serious matter. Regardless of the specific nature of the allegations, a conviction could mean substantial fines and long-term imprisonment. If you own or run a business in Miami, if you are a professional, if you are a public figure, or if you work in any of a number of different occupations, even facing publicized charges could cause permanent damage to your reputation.
At Oberheiden P.C., we defend clients in federal white-collar investigations, grand jury proceedings, and trials. Unlike other firms, our practice focuses predominantly on federal defense, and this matters tremendously if federal agents are knocking at your door or federal prosecutors are fervently preparing your case for trial. We have extensive experience in matters involving the Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), U.S. Department of Justice (DOJ), U.S. Securities and Exchange Commission (SEC), and multiple other federal agencies—including prior experience as U.S. Attorneys and senior law enforcement agents.
We Have a Proven Record of Success Defending Clients Against Serious White-Collar Criminal Allegations
If you are facing federal white-collar criminal allegations in Miami, this is the type of experience you need. Think about it: Would you rather trust your case to an attorney who spends the majority of his or her time in state court? Or, would you prefer a team of affiliated federal attorneys and former federal agents who have had significant success on both sides of federal white-collar cases? We know what it takes to secure favorable results in complex white-collar cases as quickly and quietly as possible, and we rely on all of our attorneys’ and former agents’ collective experience to represent our clients effectively.
Are You at Risk for Federal Criminal Prosecution?
When facing a federal white-collar investigation, one of the first critical steps toward executing an effective defense strategy is to determine what charges are on the table. White-collar investigations can target a multitude of federal offenses, and federal agents and prosecutors will frequently work to establish multiple charges simultaneously. Regardless of the circumstances involved, no potential charges can be overlooked, as even a single charge for a single federal offense can carry the potential for substantial fines, federal imprisonment, and other penalties.
While this list is not exhaustive, in our experience, the majority of federal white-collar criminal investigations target the following types of allegations:
- Antitrust Violations
- Tax Fraud
- Bank Fraud
- Computer Fraud
- Credit Card Fraud
- Currency Schemes and Cryptocurrency Fraud
- Healthcare Fraud
- Mail Fraud
- Money Laundering
- Mortgage Fraud
- Insider Trading
- Insurance Fraud
- Intellectual Property Crimes
- Investment Fraud
- Securities Fraud
- Tax Fraud
- Wire Fraud
However, even within these categories, specific allegations can vary widely. For example, in federal securities fraud cases, charges can range from corporate accounting violations to stock broker fraud. Bribery cases can focus on payments (or in-kind benefits) offered to local and state officials in Miami or attempts to unlawfully obtain government approvals in foreign countries.
Once again, understanding the nature of your specific investigation is critical. With our former federal prosecutors and former federal agents advising you, you can feel confident knowing that your defense is targeting the right allegations and not unnecessarily creating exposure to additional federal charges.
Practice Spotlight: Financial Fraud
Many of the white-collar offenses listed above fall under the broader umbrella of financial fraud. Investigating and prosecuting financial fraud crimes has long been a top federal law enforcement priority, and several recent developments have brought financial fraud to the forefront of the SEC’s and other agencies’ enforcement efforts.
In particular, with many new companies going public in highly-publicized IPOs, federal authorities are meticulously scrutinizing these companies’ public disclosures—not just initially, but on an ongoing basis. Additionally, while the SEC has relaxed some of its standards for corporate meetings in response to the novel coronavirus (COVID-19) pandemic, top agency officials have also made clear that they intend to continue to prosecute all companies that make delayed filings and mislead investors.
In this same vein, bank fraud and mortgage fraud are gaining renewed attention as well. The same is true of investment fraud and other financial fraud scams targeting consumers.
Cryptocurrency fraud is another area that is currently seeing a high level of federal enforcement activity. The SEC, IRS, and other agencies are finding new ways to gain insight into fraudulent practices involving Bitcoin and other virtual currencies and blockchain technologies, and they are increasingly targeting both individuals and corporate organizations in the U.S. and abroad.
Practice Spotlight: Healthcare Fraud
Healthcare fraud is another umbrella term that encompasses a variety of different fraud-related offenses. Hospitals, physician groups, clinics, laboratories, pharmacies, durable medical equipment (DME) companies, and other entities and individuals in Miami are all at high risk for federal prosecution. In addition to the DOJ, various other agencies and task forces are actively involved in the federal government’s fight against healthcare fraud. This includes, but is not limited to, the Centers for Medicare and Medicaid Services (CMS), the U.S. Department of Health and Human Services Office of Inspector General (DHHS OIG), the Medicare Fraud Strike Force, and the Prescription Interdiction & Litigation (PIL) Task Force.
In federal healthcare fraud cases, allegations can range from Medicare and Medicaid billing violations to the payment and receipt of unlawful rebates and referral fees. The False Claims Act, Anti-Kickback Statute, and other laws include provisions for both civil and criminal enforcement, and healthcare providers can face penalties including fines, program exclusion, and federal imprisonment.
When we represent clients accused of healthcare fraud offenses, we work closely with our clients to review their billing records and compliance practices, and we seek to proactively uncover potential issues before they are discovered by federal authorities. By uncovering issues before they lead to allegations, we are frequently able to resolve our clients’ cases discretely and without any civil or criminal liability.
Practice Spotlight: Securities Fraud
The SEC investigates public companies, private companies, and individuals for many different types of securities fraud. As discussed above, IPOs, investor fraud, and cryptocurrency fraud are currently hot-button issues, but more-traditional issues continue to lead to aggressive enforcement and steep penalties as well.
For example, while insider trading allegations have not received a significant amount of publicity since the Enron and Martha Stewart era, we have recently seen a significant number of insider trading investigations. Brokerage firms and individual stock brokers are also routinely targeted in federal securities fraud investigations, often as a result of whistleblower allegations.
Violations of the Employee Retirement Income Security Act (ERISA) are at the center of many securities fraud investigations as well, and we have significant experience in federal investigations under ERISA. These and other cases can also involve inquiries focused on tax evasion, money laundering, and other white-collar crimes; and, as we discussed above, it is imperative to defend against all pertinent allegations in order to avoid prosecution and sentencing.
Practice Spotlight: Conspiracy to Commit Fraud
In federal white-collar criminal investigations, another critical issue is the federal government’s ability to pursue charges for conspiracy. Under the federal conspiracy statute, 18 U.S.C. Section 371, individuals can face criminal sentencing even in circumstances in which they have not “successfully” committed a substantive federal offense. Examples of common conspiracy charges in federal white-collar cases include:
- Conspiracy to Accept or Receive Illegal Kickbacks (42 U.S.C. § 1320a-7(b)(b); 18 U.S.C. § 371)
- Conspiracy to Commit Bank Fraud (18 U.S.C. § 1344; 18 U.S.C. § 371)
- Conspiracy to Commit Bribery (18 U.S.C. § 201; 18 U.S.C. § 371)
- Conspiracy to Commit Healthcare Fraud (18 U.S.C. § 1347; 18 U.S.C. § 371)
- Conspiracy to Commit Mail Fraud or Wire Fraud (18 U.S.C. § 1341; 18 U.S.C. § 1343; 18 U.S.C. § 371)
- Conspiracy to Commit Money Laundering (18 U.S.C. § 1357; 18 U.S.C. § 371)
- Conspiracy to Commit Securities Fraud (18 U.S.C. § 1348; 18 U.S.C. § 371)
- Conspiracy to Commit Tax Fraud (26 U.S.C. § 7206; 18 U.S.C. § 371)
- Conspiracy to Unlawfully Use Health Information (42 U.S.C. § 1320d-6; 18 U.S.C. § 371)
- Conspiracy to Use Identification Information (18 U.S.C. § 1028(a)(7); 18 U.S.C. § 371)
A single conspiracy charge can carry statutory fines and up to five years of federal imprisonment. As a result, during white-collar investigations, suspects and targets must be extremely careful to avoid utilizing defense “strategies” that avoid culpability for the substantive offense at issue but create exposure to conspiracy charges under 18 U.S.C. Section 371.
FAQs: Defending Against Federal White-Collar Charges in Miami, FL
Q: What can trigger a white-collar criminal investigation, and why is my company or practice being targeted?
Q: Can I be prosecuted personally if my company or practice is being targeted in a federal white-collar investigation?
Q: What are the penalties for federal white-collar crimes?
Q: What happens if DOJ, FBI, IRS, or SEC investigators find evidence of a crime during their investigation?
Q: What are potential defense strategies in federal white-collar cases?
Q: What should I do if I think federal authorities may be looking into my business or practice?
Speak with a Miami White Collar Criminal Defense Lawyer at Oberheiden P.C.
If you or your company is under investigation by the DOJ, FBI, IRS, SEC, or any other federal agency, it is imperative that you engage experienced defense counsel right away. Our firm represents clients in Miami and nationwide, and we are prepared to take action immediately. To discuss your case with one of our highly-experienced federal white-collar defense lawyers in confidence, call 888-680-1745 or tell us how we can reach you online now.