Miami Fraud Attorney
Defense for Federal Fraud Charges in Florida
The basic definition of fraud is the crime of obtaining money or property
from another person by way of deliberate deception. The primary purpose
of fraud is for financial gain, although the offender may have another
purpose or purposes as well. There are many forms of fraud, all covered
Credit Card Fraud
Credit card fraud is a federal crime that relates to attempting or carrying
out a scheme to defraud others and involves credit or debit cards. Simple
theft may be involved, as in a case where an alleged perpetrator physically
steals another's credit card and uses it. Credit card fraud may also
be carried out via the internet, hacking, or other
computer crimes. Essentially, the offense would involve misrepresenting information, counterfeiting,
forgery or any other form of fraud or deceit to possibly obtain another's
credit card information or to defraud vendors by using a counterfeit card.
Health Care Fraud
Health care fraud cases may involve complex financial matters and an extensive
amount of investigation to get to the bottom of the matter. In these situations,
it is important that your attorney be experienced with handling health
care fraud charges from a legal standpoint. It is also important for your
attorney to have the resources and connections to experts in medicine,
economics, forensics, computers and any other fields that may be relevant
to the case.
Mr. Mirer is skilled in handling all types of health care fraud cases throughout
South Florida, including those involving:
- Billing for medical services not provided
- Prescribing or billing medical equipment that is unnecessary, or that is
never actually provided
- Kickbacks or self-referrals
- Medicare fraud
- Medicaid fraud
- Medical billing fraud
- Filing false cost reports
Mail fraud is a serious federal crime. If you are convicted, you may face
20 or even 30 years in prison, along with extremely high fines. If a financial
institution was targeted or affected by the scheme you allegedly planned
and carried out, you may face imprisonment for 30 years and a fine of
up to $1,000,000. Even if the attempt is not successful, you may still
face mail fraud charges.
Mail fraud is a criminal offense that involves using the postal system
to send information with the purpose of committing fraud. Mail fraud may
therefore include other federal crimes, such as mortgage fraud,
identity theft, organized fraud, health care fraud, and more - as long as the postal
system was used in the commission of the crime.
Mortgage fraud is a federal crime that involves the lending industry, home
loans and loans for all types of real estate. Buyers, sellers, lenders,
investors and brokers may all be at risk of facing mortgage fraud charges
some point, particularly in today's struggling housing market. Law
enforcement throughout Florida and the rest of the U.S. are cracking down
hard upon those suspected of mortgage fraud, possibly looking for someone
to blame given the current situation.
Mortgage fraud may involve any of the following actions:
- Falsification of financial information, such as the buyer's assets
- False employment verification letters
- Fraudulent W-2 forms
- False information on the mortgage loan application
The terms "tax fraud" and "tax evasion" are used interchangeably,
they both refer to when
an individual or business willfully and intentionally falsifies information
on a tax return in order to reduce their tax liability. The crime of tax fraud or tax evasion essentially involves cheating on
one's tax return in an attempt to pay less than the entire tax obligation.
In the United States, tax fraud and tax evasion are covered under 26 USC
§ 7201 – Attempt to Evade or Defeat Tax which states that:
any person who willfully attempts in any manner to evade or defeat any
tax imposed or the payment thereof shall, in addition to other penalties
imposed by the law, shall be guilty of a felony offense, and upon conviction,
the person shall be fined a maximum of $100,000 ($500,000 for a corporation),
or imprisoned for a maximum of 5 years, or both, along with covering the
costs of prosecution.
Common examples of tax fraud and tax evasion include:
- Keeping a double set of books;
- Creating false invoices;
- Claiming false deductions;
- Claiming personal expenses as business deductions (e.g. dining out, flowers,
gifts to clients, personal computers, hotels etc.)
- Failure to report income;
- Placing assets in someone else's name;
- Dealing in cash; and
- Paying debts in someone else's name.
Spies v. United States, 317 U.S. 492, 63 S. Ct. 364, 87 L. Ed. 418 (1943), the U.S. Supreme Court
ruled that an Over Act is necessary in order for a crime to be considered
income tax evasion. This means the government must demonstrate that the
taxpayer attempted to evade the tax as opposed to passively neglecting
to file their return, which can be prosecuted as a misdemeanor offense
under § 7203.
If you have been arrested or are currently under investigation for wire
fraud, much is at stake. You may be in danger of facing federal charges
and severe penalties if you are convicted, including up to 20 or 30 years
in prison and fines of up to $1,000,000. Involving an attorney as early
in the process as possible is important if you are to have the best opportunity
of successfully fighting your charges and avoiding a conviction.
Enlist a skilled Miami federal attorney for your case!
Are you under investigation for fraud, or have you been arrested for any
type of federal crime relating to fraud?
Miami criminal defense lawyer Michael Mirer can offer you valuable legal support and guidance during
this difficult time. With his experience as a trial attorney and as a
former prosecutor, Attorney Mirer can work to aggressively defend your
rights and interests in every step of the legal process associated with
Attorney Mirer is dedicated not only to aggressive representation but also
to providing his clients with the personal attention they deserve.
Contact a Miami fraud defense lawyer from the Law Office of Michael Mirer, P.A. today for a free consultation
to discuss your case.