Tampa Fraud Defense Lawyers

Accounting Fraud

Accounting fraud refers to the falsifying of accounting records. Individuals commit this crime to boost their net income, adjust sales figures, or hide income, intentionally manipulating records for financial gain, often misleading shareholders, investors, and others. Companies may be accused of this crime if they're thought to have committed unlawful acts to try to meet the Security and Exchange Commission's earning standards.

Accounting fraud can result from channel stuffing, which is selling at the end of the quarter what is necessary to meet the company's forecast. Revenue recognition occurs when a company recognizes revenue before its actual existence. Another common type is when the accountant omits data to create false statements. If books are kept open after the completion of a quarter in hopes of making up the difference, this may be fraud.

Bank Fraud

One of two conditions must be proven beyond a reasonable doubt for the charge to turn into a conviction of bank fraud. The first is the defendant knowingly executed a scheme to defraud a bank or a different financial institution. The second is that the defendant knowingly executed a scheme to obtain assets in the possession of a financial institution.

A wide range of criminal conduct that can be prosecuted as bank fraud:

• Altered checks
• Credit card fraud
• Debit card fraud
• Identity theft
• Stolen check fraud
• Gift card fraud

Each count of bank fraud can be prosecuted as a separate crime in Florida, with its own penalties. This can increase a resulting sentence.

Bankruptcy Fraud

An individual filing for bankruptcy can be charged with fraud if they provide false information, misrepresent debt or property, file multiple times, or otherwise try to misuse the bankruptcy process. Not only may the bankruptcy petition be declined, but the debtor can face severe penalties. Most cases involve debtors who attempt to hide assets.

An attorney can also be responsible for filing incorrect paperwork on behalf of a client. If discrepancies are found on a bankruptcy petition, anyone involved can be charged for fraud. After a trustee believes the debtor hid assets, funds, or property, an investigation can take place. There are various fraudulent practices that can occur, including the transferring of real property or sums of money to children or other family members, filing multiple cases in different states, and using stolen Social Security identification.

Credit Card Fraud

Credit card fraud is a serious felony charge that is aggressively handled by Tampa law enforcement officers and prosecuting attorneys.

In Florida, a person may face credit card fraud charges for:

• Physically taking another's credit card
• Counterfeiting or altering a credit card
• Accessing another's electronic data
• Making false statements as to the ownership of the card
• Using a lost or mislaid credit card
• Receiving anything as the result of credit card fraud

Credit card fraud also often includes the charge of identity theft. There are a few ways that this can occur, including using forged credit cards, opening a new credit card account using another's information, stealing another's credit card data, and using credit card data without authorization while making online purchases.

Embezzlement

Embezzlement charges typically accuse an accountant, manager, or another person in a position of trust of purposefully redirecting or taking money for personal gain. This can also be committed by any employee of a company.

In Florida, embezzlement may be charged as a misdemeanor or a felony:

• First-degree felony if $100,000 or more was stolen. This sentence could mean 30 years in prison and a $10,000 fine.
• Second-degree felony if anywhere between $20,000 to less than $100,000 went missing. This sentence could entail 15 years of incarceration plus a $10,000 fine.
• Third-degree felony if $300 to less than $20,000 of property was stolen. This sentence could lead to 5 years imprisonment and a $5,000 fine.
• First-degree misdemeanor if somewhere between $100 to less than $300 was taken. This could entail a sentence of 1 year in jail and a $1,000 fine.
• Second-degree misdemeanor if less than $100 or certain types of property were embezzled. This could mean 60 days in jail and a $500 fine

Government Fraud

Government fraud refers to the intentional act of taking government funds through scams or deceit. In some cases, both criminal and civil charges will be brought against the alleged offender. The individuals that are the first to report government fraud are called whistleblowers. They often share in the awards from the cases. There are many different ways that fraud against the government can take place. Some of the most common are procurement fraud, false claims, and Medicaid/Medicare fraud.

Our team is prepared to help with charges of government fraud involving:

• Failure to obtain licensing
• Failure to obtain data rights
• Fraudulent accounting
• Corruption in scandals
• Defective pricing
• Filing false claims

There are many costly types of fraud actions that lead to the government getting swindled. When this takes place, taxpayers end up paying the price. The Federal False Claims Act makes it against the law to present a false claim to defraud the government. This Act imposes liability on those who knowingly present the claim. However, they can still be charged if they act recklessly toward ensuring that the information submitted is accurate.

Healthcare Fraud

Healthcare providers have recently become a primary target of government scrutiny. Healthcare fraud is becoming a significant issue. Those who are convicted face heavy fines and possible jail time. With the increase in healthcare legislation, our Tampa fraud attorneys work to get criminal investigations to cease to prevent criminal charges from being filed. Penalties may include prison time, fines, and the loss of your medical license. If you do not secure a qualified attorney, you risk facing prosecution and severe penalties.

Some examples of healthcare fraud include:

• Overbilling for medical services
• Charging for services that were not provided
• Falsifying a patient's records
• Performing an unnecessary surgery/procedure

These types of healthcare fraud are typically charged concerning dentists, doctors, pharmacists, and other individuals who offer healthcare services. It also involves prescription fraud, when pharmacists bill for prescriptions that were not actually given.

Investment Fraud

The government views investment fraud as a scheme that induces a victim to invest money in an asset that does not exist or is not what it was proposed. Stockbrokers and other professionals face the risk of being accused of investment fraud.

Acts of investment fraud involve a wide range of conduct, such as:

• Accounting fraud
• Misrepresentation
• Mutual fund fraud
• Timeshare fraud
• Estate financing fraud
• Real estate fraud
• Prime bank fraud
• Share/shareholder fraud

Many laws govern fraudulent investment. Penalties are outlined in:

• Securities Act of 1933
• Securities Act of 1934
• Investment Company Act of 1940
• Sarbanes-Oxley Act of 2002

Mail Fraud

Mail fraud uses U.S. mail or wire services as part of a scheme to defraud other individuals. Those under investigation for the federal criminal offense of mail fraud are suspected of defrauding others by way of the U.S. mail, Federal Express, United Postal Service (UPS), or other private and public carriers.

Mortgage Fraud

Mortgage fraud is a type of fraud done to obtain favorable monetary results through deception. It constitutes the omission of information on mortgage loan applications and the misrepresentation of facts about a loan. Many of these cases involve a suspicion that the defendant provided them false information that would help them obtain a larger loan than they are qualified for, based on their current economic status. In general, mortgage fraud pertains to providing false information on loan or mortgage documents. 

There are a variety of fraudulent activities that constitute mortgage fraud, including:

• Employment fraud
• Occupancy fraud
• Appraisal fraud
• Cash-back schemes

Organized Fraud

Organized fraud is fraudulent activity committed by an organized group; it is charged under § 817.034, the Florida Communications Fraud Act. Two common examples include phishing and spoofing. If the sender impersonates an actual company to obtain personal or financial information, this can also be charged as identity theft. If you are found guilty, you may be facing elevated penalties for additional charges, such as wire fraud. 

The penalty will depend on the value of money, services, or goods. You could face up to 30 years in prison and fines of up to $1 million. The victim of the fraud may also be able to seek financial restitution. 

Prescription Fraud

For years, Florida was the top destination in the U.S. for "prescription tourists," drug dealers and addicts who would come to the then-unregulated pain clinics to obtain a prescription for powerful painkillers such as oxycodone and Vicodin. The problem included the easy flow of prescription medications into other states and widespread drug abuse.

The laws to combat prescription drug abuse have resulted in measures such as the prescription drug abuse monitoring program, a system that provides law enforcement with access to information concerning the prescription, dispensing, and consumption of drugs. The goal is to catch doctors and patients alike who exceed the boundaries of medical necessity and sell or purchase prescription drugs for non-medical and recreational use.

There are two primary targets: pill mills and doctor shoppers. The first term describes physicians, pain clinics, and pharmacies that unscrupulously dispense large quantities of pain meds and other pharmaceutical drugs, usually with money being the primary concern rather than the patient's health. Doctor shopping, in comparison, describes the activity of visiting several doctors with the same physical complaints to obtain multiple prescriptions.

Tax Evasion, or Tax Fraud

Getting charged with tax evasion means a person is accused of purposefully withholding the payment of federal, income, state, sales, or employment taxes. 

Tax evasion includes:

• Failing to report income of any kind/underreporting income
• Reporting illegal income as coming from a legal source
• Inflating or falsifying a tax deduction
• Overvaluing property intentionally
• Omitting property when filing
• Not filing taxes at all

Under federal law, a defendant may face felony charges for attempting to evade the payment of taxes. This can be punished with imprisonment for up to 5 years and a fine of up to $100,000 ($500,000 if a corporation). Failing to file a tax return is a misdemeanor, punishable by up to 12 months imprisonment and a fine of up to $25,000.

Wire Fraud

Wire fraud is a federal crime when an individual intentionally schemes a plan to defraud individuals of property or finances. It is done using wires such as the Internet, phone lines, and financial wire transfers. Wire fraud is a serious federal crime that will be brought forward by the Department of Justice. A federal wire fraud conviction can include a maximum prison sentence of 20 years and up to a $ 1 million fine.

An individual can be found guilty of wire fraud if a few factors are proven true beyond a reasonable doubt. The first is that the individual willingly devised a scheme to defraud or obtain money through false pretense. The second the individual knowingly transmitted data by wire in interstate commerce, which had the direct purpose of defrauding. Finally, the government must prove that the individual knowingly devised the scheme. Every use of the interstate wire to further the scheme will constitute its own offense.

Insurance Fraud

If you aren't careful, you could be charged with committing insurance fraud, even if what happened was unintentional and unplanned. 

Insurance fraud occurs is when an individual/group deceives an insurer for profit. One cause of insurance fraud charges is when an insurance holder holds an asset that they are over-insured for something, meaning the insurance payoff would be greater than the property's value. Individuals in this situation who file a claim may be accused of causing an incident that would allow them to collect on the insurance policy and make a profit. 

According to the National Insurance Crime Bureau statistics, fraudulent insurance claims throughout Florida increased 119% from 2008 through 2010. They rose an astonishing 491% in Tampa, making the city the nation's epicenter for staged auto accidents. This investigation may signify the first of many efforts by law enforcement and prosecutors alike to crack down on alleged insurance fraud in Florida.