FRAUD

Fraud is generally defined as a knowing misrepresentation of fact. Under this general definition, there are many specific forms of fraud including:

–Mail and Wire Fraud                           –Healthcare Fraud
–Broker Fraud                                        –Identity Fraud
–Mortgage Fraud                                   –Internet Fraud
–Securities Fraud                                  –Bankruptcy Fraud

Fraud typically involves obtaining money or property by use of deceptive means. For example, credit card fraud is the use of a credit card to obtain goods or property through the use of a credit card that does not belong to the defendant. Bankruptcy fraud is committed when one misstates or conceals assets for the purpose of misleading creditors. The elements of knowingly concealing, misstating or misrepresenting for the purpose of pecuniary gain is the essence of fraud.

Under Federal law, fraud charges cannot be brought in Federal Court unless the prosecution can satisfy the requirement of proving Federal jurisdiction. A “scheme or artifice to defraud” becomes a Federal crime when the defendant utilizes the U.S. Mail or other common carriers such as U.P.S. or Federal Express, or a communications device such as a telephone or cellular telephone. In that case, the defendant could be prosecuted for mail or wire fraud. Other examples of Federal jurisdiction would be a bank insured by the FDIC, or a federally administered healthcare program such as Medicare.
The penalties for fraud in the Federal system are governed by the Federal Sentencing Guidelines. Frequently, Federal prosecutors are able to add money laundering counts to fraud indictments, which increase the applicable Advisory Sentencing Range. Everybody who has the misfortune to be prosecuted for fraud in Federal Court is facing prison time if convicted. The Federal Sentencing Guidelines are severe, and rarely permit house arrest or probation. In addition, assets linked to money laundering can be forfeited, which is imposed in addition to imprisonment, fines and restitution. Knowledge of the Federal Sentencing Guidelines and how they relate to fraud prosecutions is essential for an attorney to have when representing anybody accused of fraud in Federal Court.

One of the factors driving draconian sentences for fraud in Federal Court is the prosecution’s interpretation of “Relevant Conduct” or “amount of loss or intended loss”. The “amount of loss or intended loss” can frequently be determined by the Federal Court to be far in excess to what was allegedly obtained by fraud. For instance, in a Medicare or healthcare fraud case, the “amount of loss or intended loss” would be the amount billed, not the amount of money actually received. Without knowledgeable counsel, a defendant convicted of fraud in Federal Court, may end up being sentenced to a higher term of incarceration than he or she deserved.

Charles G. White has the knowledge and experience to effectively represent a person accused of fraud, and identity theft cases in Federal Court. He has handled dozens of Medicare, equipment leasing, mortgage and securities fraud cases. In the Ernesto Montaner case, Mr. White successfully represented a man who owned three home healthcare clinics that the Federal prosecutors alleged had fraudulently billed Medicare for $15,000,000.00. Mr. Montaner was acquitted by a jury on all 15 counts he was facing after a four-month trial in Federal Court in Miami. Mr. White’s knowledge and expertise in handling fraud cases havae, in addition to the cases he has taken to trial, resulted in extremely favorable negotiated settlements.

Obtain Legal Assistance
If you or someone you know is charged with fraud in Federal Court, it is imperative that you work with an attorney who has experience and knowledge in this field. Charles G. White. He has over 33 years of experience with these types of cases and will defend you and your rights.