Fraud Cases And Investigations
Our law firm is experienced in handling all types of fraud and economic crime cases. These type of cases include health care fraud, tax fraud, business fraud, bank fraud, security fraud, and frauds against the Government or against private individuals.
Cases involving fraud can be challenging and complex due to the wide range of offenses and types of fraud that exist. Though the underlying definition of fraud blankets numerous offenses and crimes, no two fraud cases are exactly the same, and these types of cases can differ significantly. Some fraud cases can be less severe than others depending on the nature of the act and intent. However, fraud cases are a serious matter, and many individuals accused of fraud can be subject to criminal charges and harsh penalties. It is crucial to seek the legal assistance of an experienced fraud attorney in Miami, Florida if you are being charged or accused of fraud.
Fraud is committed when deception, falsehood, or dishonesty is intentionally employed to gain a benefit. The benefit sought does not have to be monetary for it to be considered fraud. Some types of fraud or acts of fraud are criminal, while others are civil. Civil lawsuits resulting from fraud do not usually carry the possibility of jail time, but they do seek restitution in the form of monetary damages. Though a civil fraud offense does not result in jail time, criminal fraud does. A person charged with criminal fraud can face years in jail, fines, and restitution.
Depending on the type of fraud, a fraudulent offense can be prosecuted at the state or federal level, and sometimes even both. The state and federal governments, both have various laws that cover many types of fraudulent offenses. As a result, a person can simultaneously be in violation of both a state and federal law when it comes to fraud. Whether the nature of the offense is seen as a state crime, federal crime, or both, if you are being accused of fraud, it is expedient to enlist the help of a skilled fraud attorney in Miami, Florida. At the Forman Law Group, we are dedicated to our clients and will fight to protect your rights.
In order to determine whether a fraudulent act has occurred, an investigation is completed. A fraud investigation is used to determine whether a falsehood with the intent to deceive has happened by gathering evidence and information that can demonstrate any form of misrepresentation, dishonesty, or deceit. A Fraud investigation in Miami, Florida is a serious step towards finding evidence that someone has committed a fraudulent act. Fraud investigators are usually hired to execute the investigation, and some are very thorough and skilled. They will use any form of information, documents, and technology to provide evidence against the person being accused of fraud. Surveillance cameras, surveillance equipment, background searches, asset searches, and other methods are used to gather all necessary evidence and information. If you are concerned about a fraud investigation or if a fraud investigation in Miami, Florida is already underway, it is vital to seek the counsel of a fraud attorney in Miami, Florida right away.
When facing criminal fraud charges, it is imperative to seek the legal expertise of professional fraud attorneys in Miami, FL. Not only can a fraud attorney in Miami, FL help throughout the investigation process, but they can also build a strong defense that could result in reduced or dismissed charges. Keep in mind that not any attorney will do. Not all fraud case attorneys are equipped with the experience and knowledge necessary to produce exceptional and reliable results. Therefore, it is essential to thoroughly research prospective fraud attorneys to ensure a successful defense.
In Florida, criminal fraud charges are almost always felonies. It is not common to see misdemeanor fraud charges. However, if you were charged with a misdemeanor due to fraud, the consequences and punishment are still pretty harsh. And, it goes without saying that felony fraud charges are much more stringent and serious. An individual facing a fraud conviction can be certain that he or she will live with the ramifications for years to come, if not for a lifetime. In order to combat a conviction for fraud, it is crucial for the accused to find an attorney who has the resources, experience, and knowledge to fight on their behalf, and who is also skilled with investigations. A proficient investigations attorney in Miami, FL can design an aggressive defense by adopting proven defense strategies.
Some common defense strategies that fraud case attorneys can employ include the following:
- Insufficient Evidence: Insufficient evidence indicates that there is not enough evidence to charge or convict an individual with fraud. In order for inadequate evidence to work as a defense, there cannot be proof beyond a reasonable doubt. In other words, the defense has to show that the defendant is not responsible for fraud or that their actions did not constitute a fraudulent act. If the defense presents doubt in the case, the judge and jury will not be able to convict the person for fraud. The job of investigations attorney in Miami, FL is to make sure that the burden of proof, which falls on the prosecution’s shoulders, is sufficiently challenging if this is the defense strategy a fraud attorney wants to use.
- Nonexistent Intent to Commit Fraud: If a person commits fraud, they do not have to do so intentionally. Just because a person committed an act of fraud, it does not mean that they intended the fraud to occur. As a result, fraud case attorneys will use the absence of intent to commit fraud as an argument in their defense strategy. It is important to remember, that for a person to be charged and convicted of criminal fraud, the intent to deceive must be proven by the prosecution. For instance, if a person uses their Social Security Number to gain access to government benefits they believed they were legally entitled too, but later find out that they were innocently mistaken, the act does not constitute fraud.
- Non-fraudulent Statements: Everyone is entitled to their opinion. As such, opinions are considered to be in the same realm as fraudulent or deceitful statements. Even if someone’s opinion seems to be unfounded, it does not make it an act of criminal fraud. In order to be considered fraudulent, a statement must be misleading in nature and tied to an existing fact. Again, it cannot be based on opinion. If a fraud attorney in Miami, FL can prove that there were no fraudulent statements made, they can use the non-fraudulent statement tactic to prove no wrongdoing.
- Entrapment: Entrapment happens when law enforcement or a government entity prompts an individual to commit a crime he or she would not have otherwise committed. This is an especially tough defense to work with. Going up against the government with this kind of defense is quite challenging. Not only will they fight tooth and nail against it, they will most likely find a way to demonstrate that the defendant would have still committed the crime without any influence. However, if you are being charged with criminal fraud, and it is due to entrapment, an expert investigations attorney in Miami, FL will be able to advise you the best course of action.
Burden of Proof
Just like any other criminal court proceeding, the burden of proof for criminal fraud cases lies with the prosecution. It is their goal to prosecute and convict individuals they find to be liable in fraudulent actions. The truth is that a person is innocent until proven guilty. Unfortunately, many defendants forget that fact, and lose hope. However, there is hope. Every defendant is entitled to retain a defense attorney, and it is their job to find flaws in the prosecution’s accusations and complaint. Therefore, if you are going through the process of being charged for fraud, it is vital that you hire a fraud attorney in Miami, FL to represent you during this challenging time.
Whether you are facing a state crime, federal crime, or both, a knowledgeable fraud attorney in Miami, Florida can help determine the best course of action. Contact the Forman Law Group to consult with our team today.
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