Miami, Florida Fraud Defense Attorney

Lawyer for Charges of Credit Card Fraud, Wire Fraud, Insurance Fraud, and More in Miami

Accusations that you have committed fraud can lead to serious penalties, including long prison sentences, massive fines, restitution orders, and a criminal record that can destroy your reputation and career prospects. Fraud cases will often involve complex financial transactions and business dealings. Prosecutors may claim that certain business practices are criminal schemes, even if you believed that you engaged in legitimate commercial activities or made honest mistakes. When your business practices, financial decisions, or transactions are being scrutinized by law enforcement, you need an attorney who can help you defend against fraud charges.

At Stroleny Law: Criminal Defense Attorney, we can provide the representation needed to address accusations of fraud and other white collar crimes. Our lawyer understands the complexity of these cases. He can perform a detailed analysis of financial records and communications and develop sophisticated defense strategies. He works with forensic accountants, financial analysts, and industry professionals to understand transactions and other financial issues, and he will fight to ensure that you will not be convicted for conduct that falls within acceptable business practices.

Understanding Fraud Offenses

Fraud charges may address a wide range of alleged offenses that involve deception or misrepresentation for financial gain. They may include:

• Credit Card Fraud: The unauthorized use of credit cards, debit cards, or account numbers to obtain goods, services, or money can lead to criminal charges. These cases may address allegations involving stolen cards, counterfeit cards, or cards that were obtained fraudulently. The severity of the charges will often depend on the value of goods or services that were obtained. Felony charges may apply in cases involving large amounts of money or valuable goods.
• Wire Fraud: This federal offense addresses schemes to defraud using interstate communications, including telephone calls, emails, text messages, or internet transactions. Virtually all modern commercial activity involves electronic communications, so people who are accused of using the internet to commit fraud could be prosecuted in federal court.
• Securities Fraud: Allegations of deception related to the purchase or sale of stocks, bonds, or other investments can lead to charges of securities fraud. These cases may involve issues such as insider trading, market manipulation, fraudulent investment schemes, and misrepresentations to investors.
• Insurance Fraud: A person may face criminal charges if they are accused of making false or misleading statements to insurance companies to obtain benefits or payments. Insurance fraud cases may involve charges related to staging accidents, inflating claims for property damage or medical treatment, submitting claims for injuries or losses that never occurred, or providing false information on insurance applications. Healthcare providers may also face insurance fraud charges related to billing for services that were not provided, upcoding procedures to obtain higher reimbursements, or engaging in kickback schemes.
• Telemarketing Fraud: This form of fraud may involve deceptive sales practices, false representations about products or services, failure to deliver promised goods, or high-pressure tactics designed to extract money from victims. These schemes often involve promises of prizes, sweepstakes winnings, investment opportunities, or charitable causes that turn out to be fabricated.
• Identity Theft: The unauthorized use of another person's identifying information to obtain credit, goods, services, or financial accounts can lead to criminal charges. This offense has become increasingly common in the digital age, and charges may be related to data breaches, phishing schemes, or the theft of financial documents. Identity theft charges may arise when people use stolen information to open credit card accounts, apply for loans, file fraudulent tax returns, or impersonate others for financial gain.
• Mortgage Fraud: These charges may be related to misrepresentations or omissions of facts on mortgage loan applications or during real estate transactions. Mortgage fraud may involve inflating property values through fraudulent appraisals, misrepresenting income or assets on loan applications, or using "straw buyers" to conceal the true purchaser of a property. These cases may involve multiple participants, including borrowers, mortgage brokers, appraisers, and real estate agents.

Elements Prosecutors Must Prove in Fraud Cases

Fraud prosecutions will usually involve several elements that must be proven beyond a reasonable doubt. Each of these elements may provide an opportunity for defense, and failure to prove a single element could result in an acquittal.

The element of misrepresentation or concealment of facts serves as the foundation for most fraud charges. Prosecutors must prove that a defendant made false statements, omitted important information, or engaged in deceptive conduct. Minor inaccuracies or statements about matters may not qualify. Our attorney can challenge fraud charges by demonstrating that statements were true, that any inaccuracies were inadvertent, or that the information at issue was not material to a transaction.

The intent to defraud is one of the most critical elements in fraud cases. Prosecutors must prove that a defendant acted with the intent to deceive and to deprive victims of money or property. Honest mistakes, negligent conduct, or business decisions that turn out poorly do not constitute fraud. The government must prove that a defendant knew that their representations were false or that they acted with reckless disregard for the truth. Our lawyer can present alternative explanations for a person's actions and argue that they engaged in legitimate business practices without criminal intent.

Prosecutors will also need to show that victims relied on false representations. If victims did not make decisions based on the alleged misrepresentations, or if they relied on other information when making their decisions, fraud charges may not be supported. Our attorney can present evidence that alleged victims had access to accurate information, that they conducted their own investigations, or that other factors motivated their decisions.

Damages or losses experienced by victims must be proven in most fraud cases. Prosecutors must establish that victims suffered financial harm as a result of the alleged fraud. Our lawyer can challenge the calculation of alleged losses by presenting evidence that victims did not suffer the losses claimed, that market factors or other circumstances caused losses, or that the value of losses has been overstated.

Contact Our Miami, FL Fraud Charges Lawyer

Accusations of fraud can threaten your freedom, your career, your financial security, and your reputation. The consequences of a conviction can affect every aspect of your life, affecting your ability to work in your profession, to obtain credit and financial services, and to maintain business relationships. You need a lawyer who understands the legal elements of fraud offenses and the defense strategies that can help you minimize the consequences you may face.

At Stroleny Law: Criminal Defense Attorney, we understand that fraud charges may be based on business disputes or misinterpretations of commercial practices, and we will fight to protect your rights and show that your conduct was legitimate. Contact our Miami fraud attorney at 305-615-1285 to set up a free consultation. We will review the allegations against you, evaluate the evidence, and explain how we can help you defend against these serious charges.