Cases described as white-collar matters may involve theft, fraud, identity theft, money laundering, public-assistance fraud, health-care fraud, computer offenses, or racketeering. The same investigation can implicate Florida and federal law, and agencies may use financial records, emails, messages, contracts, and witness testimony.

Penalties depend on the actual statute

There is no single penalty table for all white-collar allegations. Exposure can depend on the offense charged, alleged loss or value, number of transactions or victims, role in the conduct, prior record, and whether state or federal sentencing rules apply. Restitution, forfeiture, professional licensing, immigration consequences, and restrictions on employment may also matter.

Issues counsel may review

A defense review may examine intent, knowledge, authorization, identity, the accuracy of accounting or loss calculations, witness credibility, search warrants, subpoenas, and the admissibility of digital or business records. Lack of criminal intent can be important where a dispute arose from bookkeeping errors, unclear duties, or a failed business transaction, but the facts and statutory elements control.

Do not alter or delete records after learning of an investigation. Preserve documents and communications, avoid discussing facts with investigators or third parties before obtaining advice, and comply with lawful court orders. A subpoena, target letter, search warrant, or request for an interview should be reviewed promptly because deadlines and strategy differ.

This is general information, not legal advice. No outcome is guaranteed.

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Florida Statutes § 817.545 covers conduct involving material misstatements, omissions, proceeds, and documents when the statutory mental state is present. A mistake or inaccurate figure alone does not establish every element of the offense. The charging document and underlying records matter.

Loan value and penalties

The statute generally treats a violation as a third-degree felony, but a violation involving a loan value stated on documents exceeding $100,000 is a second-degree felony. The threshold concerns the stated loan value under the statute, rather than simply the amount of an alleged loss or proceeds. Sentencing depends on the charge, criminal history, applicable guidelines, and case facts. Mortgage fraud does not by itself create sex-offender registration.

What to preserve

Keep the application, closing disclosure, communications with brokers and lenders, appraisals, underwriting requests, and versions of disputed documents. Do not alter records. If investigators contact you, discuss your rights with counsel before making a statement. State and federal authorities may examine related conduct under different laws. Counsel can analyze who made a statement, whether it was material, the person’s knowledge, and any available defenses.

Roy J. Kahn, P.A. represents people facing criminal allegations in the Miami area. No outcome can be guaranteed.

This is general information, not legal advice.

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Borrowers, brokers, lender employees, and other participants may be investigated. The word “mortgagee” generally refers to the lender or holder of a mortgage interest; it does not itself identify who committed a crime.

What the state must establish

Florida Statutes § 817.545 describes specific prohibited conduct in the mortgage lending process. It includes material misstatements or omissions and other conduct when the required knowledge and intent are present. A failure to catch another person’s false document is not automatically criminal fraud. Identify who made or used the disputed statement, what they knew, and whether the information was material.

Charges and records

The statute generally provides third-degree felony treatment, with second-degree treatment when the loan value stated on documents exceeds $100,000. Sentencing and financial consequences depend on the charge, other applicable laws, and the facts. Preserve application versions, underwriting and closing records, communications, and internal policies. A lawyer can evaluate the allegations and available defenses without promising an outcome.

Roy J. Kahn, P.A. represents people facing criminal allegations in the Miami area.

This is general information, not legal advice.

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How Florida theft law applies

Florida Statutes section 812.014 defines theft as knowingly obtaining or using another person’s property with intent to deprive the owner of a right or benefit, or to appropriate it to someone not entitled to it. A person may initially have lawful access to an employer’s funds and later face allegations that they used them without authority. Florida’s chapter 812 expressly includes conduct historically described as embezzlement within “obtains or uses.” It is inaccurate to say embezzlement is not theft or fraud as a categorical matter.

Examples and evidence

Allegations may involve unauthorized transfers, diverted payments, false invoices, altered records, or misuse of entrusted equipment. A discrepancy is not by itself proof of a crime. Investigators may review account access, authorization, accounting records, communications, and intent. The value and type of property, victim, prior convictions, and other statutory circumstances affect whether a theft is classified as petit or grand theft and its penalties. The old article’s $300 blanket felony threshold is outdated.

If you discover irregularities or are accused, preserve records and seek counsel before changing files or responding to investigators. Civil recovery, employment issues, and criminal charges may overlap. Roy J. Kahn, P.A. represents people in Miami white collar criminal matters. No result is guaranteed. This is general information, not legal advice.

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Possible conduct

Examples under investigation may include knowingly false financial statements to obtain money, diversion of company assets, false invoices, or misleading communications to investors or customers. A poor business result, accounting error, or delayed revenue alone does not prove fraud. Regulators may address reporting violations through civil enforcement, while prosecutors must prove the elements of a particular criminal offense.

Florida and federal laws

Florida’s Communications Fraud Act, section 817.034, covers defined schemes to defraud and specified communications in furtherance of them. Other state theft, false-entry, or securities provisions may apply. Federal wire fraud or securities laws may apply when their separate jurisdictional and factual elements are met. Neither an employee’s title nor a company’s loss automatically establishes an individual’s criminal liability.

Responding to an allegation

Preserve financial records, approval trails, communications, and audit findings. Do not alter records or assume internal explanations resolve legal questions. A lawyer can examine what the person knew, authorized, and communicated, as well as whether civil, regulatory, or criminal exposure exists. Roy J. Kahn, P.A. handles Miami white collar defense matters. No outcome is guaranteed.

This is general information, not legal advice.

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Examples

The FBI includes public corruption, health care fraud, mortgage fraud, securities fraud, and money laundering among white collar matters. Depending on the facts, investigations may also concern embezzlement, bribery, identity theft, forgery, or tax offenses. Each has its own legal elements. A contract dispute, accounting mistake, or business loss is not automatically criminal fraud.

State and federal proceedings

Florida and federal agencies may investigate different statutes and may pursue criminal charges, civil actions, or regulatory remedies. The SEC’s enforcement division conducts civil investigations and actions concerning possible securities violations; criminal prosecution is a separate process. Penalties can include fines, restitution, supervision, or imprisonment if the applicable law and facts support them.

Asset forfeiture can be sought through specific civil, criminal, or administrative processes; property is not automatically forfeited simply because a person is accused. Preserve relevant records and seek advice before responding to an investigation. Roy J. Kahn, P.A. handles Miami white collar criminal defense matters. No result is guaranteed.

This is general information, not legal advice.

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Different statutes, different elements

The Florida Money Laundering Act, section 896.101, defines several prohibited transactions and related terms. Some provisions require knowledge that property represents proceeds of some felony activity and a further purpose such as promotion or concealment; other provisions and thresholds differ. Florida’s definition of “knowing” has additional wording for certain currency transactions over $10,000. The exact subsection charged matters.

Federal 18 U.S.C. § 1956 includes distinct theories involving financial transactions or transportation of proceeds with specified intent or knowledge. 18 U.S.C. § 1957 addresses certain monetary transactions in criminally derived property of a value greater than $10,000; it does not require a concealment purpose, but its other elements and jurisdictional conditions must be proved. The old article’s “at least $10,000” wording was inaccurate.

What evidence matters?

Investigators may examine the source of funds, account records, transfers, communications, business purpose, and the person’s knowledge. A domestic bank account can be involved, while a lawful foreign account is not by itself money laundering. A lawyer can test the alleged predicate activity and each charged element. Roy J. Kahn, P.A. handles Miami white collar defense matters. No outcome is guaranteed.

This is general information, not legal advice.

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Examples under investigation

Allegations can concern billing for services not performed, false diagnoses, medically unnecessary services, or knowingly inaccurate coding. “Unbundling” may be improper under a payer’s billing rules, but its criminal significance depends on knowledge, intent, and the charged law. A patient can also face allegations involving false claims or misuse of another person’s coverage.

Which laws apply?

Federal 18 U.S.C. § 1347 addresses a knowing and willful scheme to defraud a health care benefit program or obtain its money through false pretenses. The federal Anti-Kickback Statute governs certain knowing and willful remuneration connected to federal health program referrals. Florida’s patient brokering law has its own prohibitions, exceptions, and tiered penalties. The old claim that any referral kickback is usually a first degree felony with a $500,000 fine was inaccurate.

Administrative audits, civil claims, exclusion from programs, and criminal charges are different paths. CMS explains that improper payment estimates are not fraud rates. Preserve claims, medical records, contracts, and communications, and obtain legal advice before responding to investigators. Roy J. Kahn, P.A. handles Miami white collar criminal matters. No outcome is guaranteed.

This is general information, not legal or billing advice.

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What is the federal offense?

18 U.S.C. § 1347 prohibits knowingly and willfully executing or attempting a scheme to defraud a health care benefit program, or obtaining its money or property through false pretenses in connection with health care. The statute provides up to 10 years of imprisonment for the base offense, up to 20 years if the violation results in serious bodily injury, and any term of years or life if it results in death. These are statutory maxima, not an expected sentence per claim. Other statutes may have different elements and penalties.

Error, overpayment, or fraud?

A claim with missing documentation, coding error, or other improper payment may require correction or repayment without proving criminal intent. CMS states that its improper payment rate is not a fraud rate. The old article’s claim that about 10 percent of health care payments are fraudulent was unsupported. Deliberate false billing, fabricated services, and related communications raise different issues.

If audited or investigated, preserve claims and records, do not alter files, and seek legal advice about overpayment duties and potential civil or criminal exposure before responding. Roy J. Kahn, P.A. handles Miami white collar criminal matters. No outcome is guaranteed.

This is general information, not legal or billing advice.

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Common allegations

• Fraud: Alleged deceptive representations or concealment in a transaction, such as a loan, insurance claim, or investment.
• Securities violations: False statements to investors or certain trading involving material nonpublic information. Insider trading law has specific requirements; merely knowing information or speaking with someone does not necessarily establish a violation.
• Embezzlement: Alleged misuse of money or property entrusted to a person, often examined through access records, authority, and transactions.
• Tax crimes: Alleged willful evasion or other violations. A late return or tax dispute does not alone prove criminal evasion.
• Money laundering: Transactions alleged to involve proceeds of unlawful activity, with statutory knowledge and purpose requirements.

Responding to an investigation

Preserve records, communications, and financial data. Avoid altering documents or contacting potential witnesses to coordinate accounts. Consult counsel before an investigative interview or responding to a subpoena. The appropriate analysis depends on the federal or state statute, records, and role of each person.

Roy J. Kahn, P.A. handles white collar defense matters in Miami. No outcome is guaranteed. This article is general information, not legal advice.

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