Florida Criminal Lawyer Blog

Nearly two dozen people were charged with fraud in West Palm Beach recently after authorities alleged they participated in an assisted living facility scam.

Theft charges in West Palm Beach can range from simple petty theft of a candy bar from a convenience store to an orchestrated burglary of a house. It can turn into a white collar crime if there is a concerted plan to steal money from an organization, insurer or business.

All of these charges require the skills and experience of a West Palm Beach criminal defense lawyer. No defendant, regardless of the charges they face, deserve substandard legal counsel. In fact, the U.S. Constitution requires a defendant have a solid attorney representing them throughout the case.

In this situation, authorities allege that a Little Havana woman was creating fake credentials so that people could get jobs in assisted living facilities throughout South Florida. According to officials, the woman would charge several hundred dollars to people who were interested in getting one of these jobs.

Medical personnel are required to have specific skills in order to work at these facilities and in order to care for the disabled or elderly.

Officials said that an undercover agent approached the woman recently and asked for a health-based credential in order to get a job. The woman charged $200 and said she would be able to get a credential and a job for the agent working with children who had Down Syndrome.

The article by NBC Miami goes on to state that authorities recently shut down an assisted living facility because it was discovered that a majority of the workers had fraudulent and fake work credentials. Along with assisted living facility workers, private bus operators and three people classified as "ringleaders" have been arrested.

While many people have been charged and the general public may believe that these people are guilty, they are innocent until the state proves the charges beyond all reasonable doubt. In this case, that means that the state must have evidence to show that these people aren't entitled to the credentials they have and that the woman created all of them.

In cases where multiple defendants are arrested, it's likely the state will attempt to flip some of them to become state's witnesses. This brings up credibility issues because the state is essentially asking for a person's word in exchange for their freedom.

In these cases, what they say to police at the time of the crime, during a deposition before trial and on the witness stand must all be compared. Inconsistencies that show they are changing their story to favor the state's case must be pointed out to the jury. In extreme cases, it's possible to get those witnesses excluded for their bias.

This is at the heart of the fairness issue of a trial. A defendant must have the right to confront their witnesses, even if those witnesses were previously co-defendants. All aspects of the case must be challenged.

Continue reading "21 Charged In Connection With Assisted Living Scam in West Palm Beach" »

A federal judge recently set bond for several members of a Fort Lauderdale family accused of ripping off clients to the tune of more than $40 million over 20 years, the Sun Sentinel reports.

Charges of fraud in Fort Lauderdale are serious, especially in our current economy. Anyone accused of stealing money from someone, whether through a simple theft or an advanced scheme orchestrated over a period of years, should expect to see a big effort on the part of the government.

Because money is so tight for everyone -- states, counties, cities and even individuals -- police and prosecutors have been taking a hard-line stance against the crimes that may have gotten a little softer treatment in years past. For this reason, hiring an experienced Fort Lauderdale Criminal Defense Attorney who can handle the prosecutor and the media is important.

This case has the media in a frenzy because of the odd facts. A woman and eight family members were arrested this summer and charged with wire and mail fraud as well as money laundering and conspiracy charges in federal court. Prosecutors allege that the family preyed on vulnerable victims with promises that curses could be cleared, money cleansed and other promises. But the money went to their lifestyle, which included a large home, cars and jewelry.

Because of the media attention, which has been pervasive even overseas, new alleged victims have come forward, the newspaper states, saying they gave millions more in cash and jewelry to the family.

It's unclear how prosecutors intend to show that the family, who were said to be fortune tellers, somehow coaxed money from patrons. Consumers have a right to spend their money as they wish.

But what may be more interesting is whether the defendants will get a fair trial. They must be allowed to get a panel of jurors who are fair and impartial and haven't been saturated with the facts of the case. And given the intense media attention so far, that may be difficult.

One strategy by an experienced Fort Lauderdale Criminal Defense Attorney is to seek a gag order. A gag order comes from a motion filed with the court where a judge orders that attorneys and others involved in a case aren't allowed to speak to the media. While reporters and some members of the public may be upset by such an action, sometimes it is necessary to slow down the flow of information.

If a person is to get a fair trial, their jury can't know all the facts reported in the media ahead of time. Their decision of guilt or innocence must be made based on what they hear and see in court and from no place else. An experienced lawyer will help ensure that happens.

Sometimes that includes providing the media with information that helps the defendant. The media can be helpful to a client as well as hurtful. There is a delicate balance there that must be met, with the client's interests always influencing the decision to address the media.

Continue reading "Fort Lauderdale Fortune Tellers Get Bond, But Can They Get a Fair Trial?" »

Fraud charges in Florida are serious and require an experienced Fort Lauderdale criminal defense lawyer who will stand by your side every step of the way.

Fraud charges can range in penalties and can even lead to you being charged federally, depending on the circumstances. In most cases, fraud charges are felonies in Florida punishable by prison time, along with fines, fees, possibly probation and other conditions.

Recently, South Florida has experienced two highly publicized cases involving alleged fraud. In one case, a man is accused of buying salvaged vehicles and selling them without revealing the vehicles' true histories, the Sun Sentinel reports. According to The Miami Herald, a Dania Beach woman and two others from Texas are accused of fraud for allegedly telling people they would clean their cash of evil spirits but instead kept the money.

In both the cases, law enforcement has accused the defendants of deception through business. Often, these types of cases can simply be a misunderstanding by the parties and paperwork or contracts can sometimes be a strong defense to fraud charges.

But consult with a Broward County criminal defense team quickly and don't speak to law enforcement. Police typically rely on witnesses who are said to be victims and the credibility of these witnesses can be your best defense. Giving a statement to police can come back to haunt you at trial. It's best to let your Palm Beach County defense team do the work.

A Dania Beach woman and two women from Texas are charged with wire fraud in federal court after authorities charged them with taking nearly $60,000 from people after guaranteeing they would "determine if evil spirits were present in their lives or the lives of their loved ones and if those spirits were causing illnesses or other problems," according to news reports. The women told victims they needed to "cleanse" their money to make evil spirits disappear.

Because the money was sent via wire between 2007 and 2008, they are charged with federal wire fraud. And they are charged in federal court instead of state circuit court because the victims lived in other states.

In the Pompano Beach case, a man accused of buying salvaged vehicles at auction and rebuilding them, but not telling the buyers they had been rebuilt. In one case, two men bought a car from the defendant for more than $13,000 only to be told the vehicle wasn't under warranty and that it had been in a bad accident. The defendant's attorney hinted at a recent hearing that someone else may have been responsible for the sales.

The bottom line here is that if you are facing fraud charges, don't put your faith in a less-experienced law firm. Hire former prosecutors who know the system and know how to best defend you against the power of the state. The best offense is a good defense, so don't waste time.

Continue reading "Police Focus on Fort Lauderdale Fraud Scams" »

Six current and former law enforcement officers are on trial for mortgage fraud in Fort Lauderdale, the Sun-Sentinel reported.

Our Fort Lauderdale criminal defense attorneys continue to see a large number of state and federal fraud cases connected to the economic downturn and the collapse of the real estate market. In many cases, mortgage professionals, real estate agents and even attorneys are accused of fraud in connection with real estate investments during the boom years. Having given money to anyone with a pulse during the boom, these same banks are now crying foul and seeking all means of restitution. In many cases, defendants are guilty of nothing more than making bad investments. Or they were caught up in the downturn and financially ruined like so many other struggling South Florida homeowners.

During the two-month trial, prosecutors argued the defendants lied about their incomes and places of residents in order to obtain loans that would have been out of reach of their salaries. The defendants, including four police officers, a former police officer, and an FBI agent, argue they were betrayed by dishonest mortgage brokers who forged signatures and inserted false information into the lending documents.

Charges are pending against two other Plantation police officers as part of a mortgage fraud investigation that alleges one of the defendants coordinated more than $16 million in fraudulent loans on properties in Broward and Palm Beach counties.

Federal prosecutors argue the documents were so blatantly fraudulent that there is no way the officers could not have realized something was wrong. They accuse defendants of inflating their income, exaggerating their job titles and of promising to live in homes where they had no intentions of residing.

One of the officers obtained $2.5 million in loans on seven different properties, despite living on a salary of about $55,000 a year.

But the fact remains, many, many people could be charged with inflating or overstating earnings in the age of no-doc or so-called "liar" loans. Had the market not crashed, the officers would have likely turned the real estate, repaid the loans and made a profit. Yet state and federal officials have become increasingly aggressive in filing charges in such cases ... as if the banks need the help as the middle-class continues to struggle with the consequences of the recession.

Continue reading "Authorities Continue to Press Mortgage Fraud Charges in Broward, Palm Beach Counties " »

The owner of an assisted-living facility has been charged with Medicaid fraud in Broward County, the South Florida Business Journal reported.

As our Fort Lauderdale criminal defense lawyers reported recently on our Florida Criminal Lawyer Blog, authorities are also looking to crack down on pain clinics and so called pill mills in Broward and elsewhere in South Florida.

In this case, the owner of a Fort Lauderdale assisted living facility was arrested by the Plantation Police Department. She is accused of defrauding the Medicaid program out of more than $100,000 by billing the program for individuals who did not reside at the facility. The facility had been licensed to provide for the care of up to six elderly people or disabled adults.

She is charged with one count of grand theft and one count of Medicaid fraud and faces up to 60 years in prison if convicted.

National reports show South Florida is the epicenter of heath care fraud and pain clinics or so-called pill mills. Gov. Scott recently announced a statewide crackdown on providers, however the governor has refused to back a database that would flag patients who are doctor shopping or otherwise abusing the system. As a result, medical professionals can find themselves facing criminal charges -- which can be devastating and even result in the revocation or your professional license.

“The numbers plainly show that Florida has a serious problem that demands a serious, coordinated law enforcement response,” Governor Scott stated. “Florida’s future is threatened by crimes involving drugs, and our local sheriffs and chiefs simply cannot continue to tackle this mounting issue alone.”

Ninety-eight of the top 100 doctors dispensing oxycodone are in Florida, particularly in the Miami, Tampa and Orlando regions. More than 125 million oxycodone pills pass through Florida pharmacies. Florida dispenses more oxycodone than all other states combined.

Continue reading "Medicaid Fraud, Pill Mill Crackdown calls for Aggressive Defense in Broward County" »