If you are facing a federal white-collar criminal investigation in Miami, you need experienced legal representation. Our former federal prosecutors and former federal agents have substantial success records on both sides of these high-stakes cases.
From the U.S. Department of Justice (DOJ) to the Internal Revenue Service (IRS), multiple federal agencies investigate individuals and companies for white-collar crimes. During these investigations, federal agents and prosecutors deploy numerous tools and strategies to collect evidence covertly, and they work strategically in order to ensure that the targets of their investigations have as little information as possible.
If you are under investigation in Miami, you need an experienced white-collar criminal defense team. You cannot afford to take chances, and you cannot allow federal authorities to pursue their investigation unchecked. If you do, you will be at risk for severe consequences, from fines and imprisonment to permanent reputational harm.
Federal Defense Lawyers Handling All Types of White-Collar Cases in Miami
At Oberheiden P.C., we have a proven record of success in federal white-collar cases. If you live or work in the Miami area and you are being targeted by the DOJ, IRS, Federal Bureau of Investigation (FBI), U.S. Department of Health and Human Services Office of Inspector General (DHHS OIG), U.S. Securities and Exchange Commission (SEC), or any other federal agency or task force, we can represent you during the investigation. While all of our attorneys have extensive trial experience, we have resolved the substantial majority of our clients’ white-collar investigations without charges being filed.
We represent individuals and companies in Miami that are facing all types of white-collar criminal investigations. This includes (but is not limited to) investigations targeting the following offenses:
Under federal antitrust laws, companies of all sizes are subject to a broad range of restrictions. While many investigations targeting alleged antitrust violations are civil in nature, these investigations have the potential to lead to criminal charges as well. Intentional price-fixing schemes, tying arrangements, efforts to prevent competition in the marketplace, and other statutory violations can trigger multiple charges carrying steep penalties, and company owners, executives, and other individuals can be at risk for significant long-term consequences.
In federal antitrust cases, complex fact patterns can often raise questions about the legality of companies’ commercial practices, but a thorough and careful examination will reveal that there is nothing improper about the business that is being conducted. We have lawyers who are intimately familiar with the Sherman Act and other federal antitrust statutes and who previously prosecuted antitrust cases at the DOJ and we can use our extensive knowledge of the law to effectively challenge any questions about the legitimacy of the practices in question.
The federal computer fraud statute, 18 U.S.C. Section 1030, is extraordinarily broad, and its breadth allows for prosecution of charges under many different scenarios. Federal prosecutors will pursue charges under 18 U.S.C. Section 1030 in investigations targeting both computer-specific offenses (such as hacking) and other offenses that are perpetrated through the use of computers (such as financial fraud or intellectual property theft). Computer fraud charges carry fines and federal prison terms ranging from one year to 20 years.
The federal conspiracy statute, 18 U.S.C. Section 371, is another law that federal prosecutors utilize to pursue charges in a wide range of cases. This is because the conspiracy statute allows prosecutors to bring charges in cases in which the targets of federal investigations have not actually committed substantive criminal offenses. If two or more persons conspire to commit a white-collar offense, they can face statutory fines and up to five years of federal imprisonment even if they never took the steps necessary to go through with the crime they conspired to commit.
Due to the nature of 18 U.S.C. 371, individuals and companies targeted in federal white-collar investigations in Miami must be extremely cautious with regard to the defense strategies they choose to pursue. Defending against a charge by asserting that you did not go through with the alleged offense might protect you against that charge specifically, but it could expose you to prosecution for conspiracy.
Many federal white-collar investigations target crimes that are financial in nature. Several different types of offenses fall under the umbrella of financial crimes; and, as with all types of federal investigations, knowing the specific allegations at issue is crucial to asserting an effective defense. We represent individuals, financial institutions, and other businesses in federal matters involving all types of financial crimes, including:
- Tax Fraud
- Bank Fraud
- Credit Card Fraud
- Currency Schemes and Cryptocurrency Fraud
- Identity Theft
- Money Laundering
- Mortgage Fraud
While all of these offenses carry substantial penalties, the statutes under which they are prosecuted are complex, and federal prosecutors must prove multiple elements in order to secure a conviction. Our attorneys have had significant success defending clients against allegations of financial crimes by demonstrating that the government does not have the evidence it needs to secure an indictment or conviction.
Health Care Fraud
Doctors, pharmacists, hospitals, clinics, laboratories, durable medical equipment (DME) companies, and various other entities are under constant scrutiny for possible health care fraud allegations. The DHHS OIG, the Centers for Medicare and Medicaid Services (CMS), and other agencies regularly monitor and audit providers’ billing practices for signs of fraud. Upcoding, double-billing, falsifying test results, and a multitude of other practices can trigger invasive investigations, and evidence of intentional health care fraud can lead to criminal charges.
Our firm has significant experience in the health care fraud arena. We have successfully defended providers in Miami and across the country, and several of our attorneys previously prosecuted health care fraud cases at the DOJ. We also have consultants who previously served as agents with the DHHS OIG, the Drug Enforcement Administration (DEA), the U.S. Department of Labor (DOL), and other agencies and who are experts in federal health care compliance.
Under federal law, insurance fraud committed by patients, property owners, companies, and contractors can lead to substantial fines and long-term imprisonment. The DOJ routinely pursues charges against individuals and corporate entities for offenses such as submitting fraudulent claims, falsifying documentation, intentionally damaging insured property, and rigging bids for covered repairs.
Insurance companies, and their owners and executives, can face charges as well. We handle cases involving allegations including premium diversion, asset diversion, fee churning, and bad-faith claim denials.
Intellectual Property Crimes
Theft of intellection property through hacking, corporate espionage, and other means can lead to both civil litigation and criminal prosecution. Intentional infringement of trademarks, trade dress, copyrights, and patents can have similar outcomes. We defend individuals and companies accused of intellectual property crimes in federal investigations and criminal proceedings, and we have civil litigators who are able to handle misappropriation and infringement defense in federal district court as well.
Mail Fraud and Wire Fraud
The federal mail fraud and wire fraud statutes, 18 U.S.C. Sections 1341 and 1343, are similar to the computer fraud and conspiracy statutes in that they allow for criminal prosecution in cases where there is not sufficient evidence to support more-substantive white-collar criminal allegations. Moreover, since both statutes include provisions for fines and up to 20 years of federal imprisonment, federal prosecutors will often use mail fraud and wire fraud allegations to establish leverage in plea deal negotiations.
Our attorneys have extensive experience defending clients against allegations of mail fraud and wire fraud within the context of broader white-collar criminal investigations. We utilize proven defense strategies, and we comprehensively address all possible allegations in order to fully protect our clients.
We represent public companies, private companies, brokerage firms, financial institutions, and individuals in federal securities fraud investigations. We regularly represent clients in SEC matters, and several of our attorneys and consultants have a decade or more of prior experience working for the agency. Our white-collar criminal defense practice encompasses all types of federal securities fraud allegations, including (but not limited to):
- Broker and Investment Advisor Fraud
- Cannabis and CBD Investment Fraud
- Corporate Accounting Fraud
- Cryptocurrency Fraud
- Fraudulent Investment Solicitations
- Fraudulent Misrepresentations and Omissions
- High-Tech and Biomedical Investment Scams
- Insider Trading
- Mobile Trading App Fraud
- Reporting and Disclosure Violations
Tax Evasion and Tax Fraud
Finally, we have also had significant success representing clients facing allegation of federal tax evasion and tax fraud. We have successfully defended clients in tax evasion and tax fraud cases involving IRS Criminal Investigations (IRS-CI), the FBI, and the DOJ. In many cases, IRS-CI will pursue a tax fraud or tax evasion investigation in parallel with other agencies’ investigations into other alleged white-collar criminal offenses, and avoiding prosecution will require a coordinated defense strategy that takes all pending allegations into account.
FAQs: What Do You Need to Know During a Federal White-Collar Criminal Investigation?
Q: How common is it for the DOJ to pursue criminal charges as the result of a white-collar investigation?
The DOJ regularly pursues criminal cases involving all of the white-collar offenses discussed above. The risk of facing prosecution is very real, and targets of federal investigations cannot assume that the process will be resolved in their favor. This is true regardless of the factual circumstances involved.
However, it is also important to understand that criminal charges can be avoided with the execution of an effective defense strategy during the investigative process. With this in mind, the importance of seeking legal counsel as early as possible cannot be overstated. By engaging legal counsel to intervene in the government’s investigation promptly, you can greatly reduce your risk of facing criminal prosecution.
Q: What are the consequences of being prosecuted for financial crimes, health care fraud, securities fraud, or other white-collar offenses?
In federal criminal cases, the penalties for white-collar offenses include statutory fines and prison time. While even a single charge can result in significant financial liability and long-term imprisonment, federal prosecutors will often pursue multiple counts of multiple crimes. In a large-scale fraud case involving significant harm to consumers or the federal government, millions of dollars in financial penalties and decades of imprisonment could easily be on the table.
Q: What defense strategies can be used to defend against white-collar criminal allegations?
Defense strategies in white-collar criminal cases can take many different forms and rely on many different legal theories. Oftentimes, avoiding prosecution will be a matter of convincing federal prosecutors that they do not have the evidence they need in order to meet their burden of proof. In other cases, the assertion of affirmative defenses or constitutional defenses may be necessary. Ultimately, the choice of defense strategies in any one case will depend on the specific facts and alleged crimes involved.
Q: What does it mean if I am being investigated by multiple federal agencies simultaneously?
If you, your company, your firm, or your financial institution is being investigated by multiple federal agencies simultaneously, this could mean a couple of different things. First, it could mean that the agencies are coordinating their efforts in order to pursue charges for a specific charge or set of charges. Federal agencies often form joint task forces focused on targeting specific types of criminal activity, and these task forces work to build cases for prosecution by the DOJ.
Second, it could mean that the agencies are pursuing parallel independent investigations. For example, the SEC may be investigating securities fraud allegations while the IRS-CI is looking for evidence of tax evasion. In these scenarios, it is necessary to separately defend against each separate investigation in order to fully avoid prosecution.
Q: Is it important that I choose a law firm that is located in Miami?
Yes and no. While it will be important to have a local presence, you will not necessarily be best-served by choosing a Miami-based firm. What matters most is that you choose a firm whose attorneys have extensive experience in federal white-collar matters. These cases are unique in multiple ways, and you do not want to choose a local Miami firm that predominantly represents clients in state court (as most criminal defense law firms do).
At Oberheiden P.C., we have local counsel around the country, and this allows us to effectively represent clients on a nation-wide scale. Our practice is devoted almost exclusively to federal cases, and our former federal prosecutors and former federal agents have the insights you need to avoid unnecessary consequences.
Discuss Your Case in Miami with a Federal Defense Lawyer at Oberheiden P.C.
If you need legal representation for a federal white-collar criminal investigation in Miami, contact Oberheiden P.C. to learn more about how we protect our clients in high-stakes federal cases. For a free and confidential case assessment, call 786-751-3247 or inquire online now.