White Collar Crimes - Terms
Accounting fraud typically refers to fraud that is committed by a company, whose intent is to artificially inflate the value of the company's profits and/or assets by creating false information about the company's sales and income. In almost all cases, the company is actually showing a loss. It's also known as "cooking the books." The motivation is often to make sure that the company's earnings meets the expectation of both shareholders and the Security and Exchange Commission (SEC).
The most common ways that people commit Accounting Fraud includes: Barter transactions, incomplete transactions, revenue recognition, round tripping, channel stuffing, false statements to regulators, keeping books open, and money laundering.
Many arrested for this offense have no knowledge of any criminal activity. Often, they are faced with the difficult, if not impossible task, of having to prove to law enforcement officers that they didn't knowingly commit any wrongdoing. Worse, they may also eventually have to persuade a jury, often with extensive prison sentences hanging over their heads. While knowledge of the wrongdoing is an essential prerequisite before conviction, prosecutors will often proceed under the theory that the accused knew, or should have known that a crime/crimes were being committed.
If you have been accused of or charged with Accounting Fraud, then you need to contact the Law Offices of Mark Eiglarsh to have a reliable and skilled Miami fraud defense attorney with over 20 years of litigation experience on your side.- Back to Areas of Practice
Bank Fraud typically involves using fraudulent actions to secure a bank's financial resources. It can include criminal conduct such as writing bad checks as well as lying on a loan application. Most often, Bank Fraud charges accompany other criminal charges like mail fraud, mortgage fraud and/or wire fraud. In some instances, the government will additionally charge money laundering and/or tax evasion and look to recover assets from the accused.
Our experience and passion for these types of cases are necessary so that you can obtain the best possible outcome. We have extraordinary knowledge of the numerous defenses available to Bank Fraud and related charges. Call us immediately for a free, confidential consultation.- Back to Areas of Practice
When filing for bankruptcy, a person must file a significant amount of paperwork. Often times in doing so, mistakes are made. Some of those mistakes are innocent ones. Others, are not so innocent. Regardless of what the individual was thinking, when mistakes are made, criminal charges for Bankruptcy Fraud may result.
Bankruptcy Fraud is described under Federal Statute 18 USCA § 157 as having the intention of designing a plan to commit fraud. Common types of Bankruptcy Fraud include: Concealment of Assets, Petition Mills, and Multiple Filings.
If convicted, you may face life-altering consequences. If you are under investigation for, or have been charged with bankruptcy fraud, you should immediately call the Law Offices of Mark Eiglarsh for a free consultation.- Back to Areas of Practice
Bribery is a serious offense and is considered a crime involving moral turpitude. The definition under the law in Florida is attempting to influence the performance of a public official by offering, promising or agreeing to the exchange of goods, services and/or money. An example would be if an individual offered a judge some money to dismiss his case. Also, if a person offered "Officer Friendly" $100 to forget about the improper change of lane ticket, that would be bribery.
The penalty for bribery could be devastating and life altering. In Florida, it's a second degree felony, punishable by up to fifteen years in prison and/or up to a $10,000 fine.
If you or a loved one have been charged with bribery, it’s imperative that you speak with an experienced South Florida criminal defense attorney immediately. There are numerous defenses available for Bribery charges. Call the Law Offices of Mark Eiglarsh for a free consultation.- Back to Areas of Practice
Few criminal charges are as complex as ones involving computers. There are many charges that could involve the unlawful use of the computer. One popular type of crime involves someone who hacks another's computer and is able to unlawfully obtain personal information, to be used for identity theft. There are many other kinds of computer crimes. For example, our firm has represented many clients charged with using the computer to stalk others, procure sex, and/or create, possess and/or send unlawful pornography. Other crimes include those who unlawfully spam, create computer viruses and/or unlawfully download property like music, books and/or movies.
The Florida Computer Crimes Act was created, in part, to ensure that serious penalties are available to those who commit computer crimes. Some offenses carry up to fifteen years of prison time and up to $10,000 in fines. Prosecutors, in recent times have made these types of offenses a priority. As a result they utilize tremendous resources to investigate and prosecute these cases. Often, they seek stiff penalties for the unlawful conduct.
As a result, it's imperative to secure an experienced and zealous attorney to handle these types of cases. If you or someone you love is charged with a computer crime, we encourage you to contact, the Law Offices of Mark Eiglarsh and see how we can assist you immediately.- Back to Areas of Practice
Counterfeiting typically consists of creating currency, identification cards, checks etc. without permission, with the intent to defraud and/or deceive another. If you or someone you know is under investigation for this offense, don't wait until the F.B.I. and/or Secret Service come a knocking. Contact the Law Offices of Mark Eiglarsh immediately and let us protect your rights.
If you or a loved one is charged with counterfeiting, which could result in significant penalties, call the Law Offices of Mark Eiglarsh immediately. Our firm is committed to providing our clients with excellent representation throughout the criminal process. Please contact us day or night for a free and confidential consultation.- Back to Areas of Practice
Credit Card Fraud
Our firm routinely handles Credit Card Fraud cases, typically involving clients who unlawfully use a credit card. There are many ways for these types of crimes to be committed. The penalties can be significant. One count, considered a third degree felony, can subject the offender to up to five years in prison. Often, law enforcement and prosecutors will charge a defendant with separate felonies for each time fraud was committed. It's not uncommon then to see a defendant charged with numerous felony counts, resulting in significantly high bonds. Additionally, if the conduct is deemed a routine course of action, prosecutors and law enforcement will charge defendants with Organized Schemes to Defraud. The penalty for that offense is up to thirty years in prison.
If you or a loved one is charged with Credit Card Fraud, call the Law Offices of Mark Eiglarsh at your earliest convenience to learn about your rights and the defenses that may be available to you. A skilled South Florida criminal defense attorney from the Law Offices of Mark Eiglarsh can provide you with the representation that you need to effectively defend your legal rights!- Back to Areas of Practice
Embezzlement typically occurs when a person steals assets and/or property from another who trusted them. This differs from simple stealing in that the offender was originally in a position of trust. For example, let's say a book keeper at a company chooses to take money for herself without being authorized to do so. She does this by writing checks to cover her personal expenses and having her boss sign off of those expenses without knowing that they weren't for the benefit of his company.
Florida Statute § 812.014 spells out the penalties that can be imposed for these types of crimes. How severe the penalty one faces hinges upon a myriad of factors including how much was stolen. For some offenses, defendants can face a first degree felony, punishable by up to thirty years in prison and up to a $10,000 fine.
If you or someone you know have been charged with embezzlement, do not hesitate to get an experienced South Florida crime attorney involved. Contact the Law Offices of Mark Eiglarsh immediately to begin your defense.- Back to Areas of Practice
There are a number of different types of Environmental Crimes. Typically, they include a violation of one of the many state and/or federal environmental laws. Examples include a violation of the Resource Conservation and Recovery Act, Clean Air Act, and/or Clean Water Act. The penalties for these offenses can be extraordinary.
If you have been charged with an environmental crime, it’s imperative that you speak with an experienced South Florida criminal defense attorney immediately. Having a highly skilled criminal defense attorney, who is well versed in environmental crimes, from the Law offices of Mark Eiglarsh working on your behalf will ensure you have the protection you need against the prosecution.- Back to Areas of Practice
Extortion typically involves a person who in order to obtain financial gain and/or force someone to do something or not do something, maliciously threatens to either accuse another person of a crime; injure them physically, their reputation, and/or property; expose a secret that affects another; and/or exposes another person to disgrace. To prove Extortion, prosecutors must prove that the offender committed the offense with "actual malice." Actual malice is defined as "ill will, hatred, spite, an evil intent."
Upon conviction, the penalties for Extortion can be extraordinarily severe. It's a second degree felony, which subjects the offender to up to fifteen years in prison and up to $10,000 in fines. There are several defenses available for Extortion.
If you or someone you know have been accused of this offense, you need to contact a skilled South Florida criminal defense attorney to be by your side. Call the Law Offices of Mark Eiglarsh and see how we can assist you immediately.- Back to Areas of Practice
In Florida, Forgery is a third degree felony, punishable by up to five years in prison and a $5,000 fine. To prove Forgery, prosecutors must have sufficient proof that a person falsely makes, alters, counterfeits, or forges a document that has legal significance and had the intent to defraud and/or injure someone. A document that has legal significance, for example, includes a will, a check, a deed, a bill of lading etc. What is not considered a document of legal significance is a random letter to someone.
If you or a loved one is charged with forgery, call the Law Offices of Mark Eiglarsh at your earliest convenience to learn about your rights and the defenses that may be available to you. A skilled South Florida criminal defense attorney from the Law Offices of Mark Eiglarsh can provide you with the representation that you need to assist you.- Back to Areas of Practice
There are a number of legal definitions to fraud. Generally, someone commits a fraud when they deceive another to either cause them damage and/or for personal gain. The most common frauds involve money. Other types of criminal fraud cases includes: Mortgage Fraud; Bank Fraud; Marriage Fraud, Bankruptcy Fraud; Check Fraud; Credit Card Fraud, Insurance Fraud; Medicare Fraud and Internet Fraud. Typically, prosecutors will charge those accused of fraud with Mail Fraud and/or Wire Fraud because most often, defendants use the U.S. Postal Service and/or telephone and/or internet in order to facility their offenses.
Our firm has extensive experience handling all types of fraud matters in both state and federal courts. Contact the Law Offices of Mark Eiglarsh for a free confidential consultation. Let us assist you.- Back to Areas of Practice
Government fraud typically involves fraud concerning federal funded entitlement programs, like public housing. It may also include fraud concerning agricultural programs, defense procurement fraud, educational programs, and corporate frauds.
If you or a loved one has been charged with fraud against the government, the Law Offices of Mark Eiglarsh may be able to help you. The Law Offices of Mark Eiglarsh is well versed in this subject matter. Give us a call for a free consultation today.- Back to Areas of Practice
Grand Larceny, also known in Florida as Grand Theft is defined by taking another's property, worth more than $300, without their permission. Prosecutors must prove that when the property was taken the perpetrator intended to either temporarily or permanently deprive the owner of their rightful use of the property.
Penalties for Grand Theft (Larceny) hinge upon the value of the property taken. If the value of the stolen property was worth more than $100,000, the charge will be Grand Theft First Degree, subjecting the offender to a maximum penalty of up to 30 years in prison and a fine of $10,000. Under the Florida Sentencing Guidelines, the minimum penalty that can be imposed without prosecutor agreement is 21 months in prison. If the value of the stolen property is less than $100,000 but more than $20,000, the offense is Grand Theft Second Degree. The maximum penalty would be up to 15 years in prison and a fine of up to $10,000. If the property stolen was less than $20,000 but more than $300, the charge is Grand Theft Third Degree, punishable by up to five years in prison and a $5,000 fine.
There are a number of defenses available to Grand Theft. They include, but are not limited to: Voluntary Abandonment; Equal Ownership; Valueless Property; and Good Faith Possession. Our firm has had tremendous success representing numerous clients accused of this offense. We have also been successful in securing extraordinary outcomes for our cherished clients. If you or a loved one is charged with the crime of Grand Theft/Grand Larceny, call the Law Offices of Mark Eiglarsh to speak with an experienced South Florida attorney, who has over two decades of experience, about your situation. At the law offices of Mark Eiglarsh, our firm is fully committed to providing each and every client with an aggressive defense at all phases of the criminal process.- Back to Areas of Practice
Health Care Fraud
Some of the health care crimes that we handle includes, but are not limited to, when our clients are accused of: Excessively billing Medicare and/or Medicaid; Over billing Medicare and/or Medicaid; Filing fraudulent claims to Medicare and/or Medicaid; Filing excessive claims to Medicare and/or Medicaid etc. Those accused of these types of offenses include: doctors, nurses, nursing homes, clinics, home health care professionals, surgeons, etc.
It's imperative to contact us immediately upon learning that an investigation has commenced. The right attorney can make a difference in how or if the investigation proceeds. Our firm has successfully represented and defended clients involved in criminal Health Care Fraud investigations and subsequent prosecutions. The Law Offices of Mark Eiglarsh can assist you with your charges and point you in the right direction. If you or someone you know has been charged with Health Care Fraud, do not hesitate to call our office to obtain a reliable and skilled attorney on your side.- Back to Areas of Practice
If you or someone you know has been charged with criminal Import and Export violations, it's imperative that you contact us immediately. These federal charges can carry significant prison terms and enormous financial penalties. Additionally, these types of offenses are typically charged along with other criminal offenses. The Law Offices of Mark Eiglarsh is your best defense if you are charged with these violations. Call our office for a free and confidential consultation.- Back to Areas of Practice
The penalties for Insider Trading in Florida can be as severe as up to 20 years in prison along with up to a $5,000,000 fine. If charged with Insider Trading, it's imperative that you contact our office immediately. The Law Offices of Mark Eiglarsh can assist you under these challenging circumstances.
Whether you're even ultimately arrested for the crime, you could suffer significant hardship, both personally and professionally from an investigation for Insider Trading. Law enforcement may zealously investigate: Your bank records; all your phone records; records of all of your trades; your personal calendars; all electronic communications, including text messages and emails etc. Call us immediately for a free confidential consultation and allow us to assist you.- Back to Areas of Practice
Internet Theft and Fraud
Internet theft and fraud prosecutions have become a major priority of prosecutors both in South Florida state and federal courts as well as throughout the nation. As technology grows and societies' use of it increases, crimes committed in this arena also rise. These types of crimes are prosecuted so significantly, in part, because these offenses undermine consumer confidence in utilizing computers and/or e-commerce to make their purchases. Typically, internet fraud encompasses any kind fraud that utilizes web sites, chat rooms, email etc. to reach out to potential victims and enduce them to engage in fraudulent transactions and/or to transmit proceeds derived from a scheme to defraud. Internet theft typically involves stealing someone's identity. This stealing of another's personal information in order to commit offenses as that individual can create havoc in the lives of the victims. That's one of the reasons why the public has demanded that prosecutors make these types of cases a priority. It's also why the penalties for these offenses have increased drastically. Some of these offenses carrying with it a minimum mandatory prison term.
A conviction and/or a lengthy prison term are not guaranteed. An experienced attorney who has handled countless Internet Theft and Fraud cases is what is recommended to assist you. If you or someone you know have been accused of or charged with either internet theft or fraud, then you need to contact the Offices of Mark Eiglarsh immediately.- Back to Areas of Practice
One area where many problems involving abuse and fraud concerns laboratory services. While more closely regulated these days, there still are instances when the laboratory arena is not sufficiently supervised. This occurs both in Florida and in many labs throughout the United States. Self-referrals, bribes and kickbacks are significant concerns in this arena as well.
If you or someone you know has been accused of Laboratory Fraud you need to contact a skilled Miami criminal defense attorney to assist you. Call the Law Offices of Mark Eiglarsh for a free confidential consultation.- Back to Areas of Practice
Mail Fraud charges can subject you to up to 30 years in prison and up to $1,000,000 in fines. The offense is spelled out in the federal law under 18 U.S.C § 1341. What is required for a conviction under the statute is a scheme to defraud either an entity of property or money or an individual and also, that the U.S. Postal Service was used in the crime. Additionally, every time the mail is used to commit fraud, a separate offense for mail fraud can be charged.
If charged with Mail Fraud, it’s imperative to hire an experienced South Florida criminal defense attorney who is well versed in white collar crimes. The Law Offices of Mark Eiglarsh provide clients with top notch service. Call our firm today for a free confidential consultation.- Back to Areas of Practice
Medicare fraud has been a priority for South Florida prosecutors for several years now. The Government has been extremely aggressive in combating this type of fraud. This zealous prosecution has not been without numerous mistakes. Many of our clients have been forced to undergo investigations and even arrests for minor, inadvertent billing errors or discrepancies.
If you or someone you know is under investigation and/or has been arrested for Medicare Fraud, contact The Law Offices of Mark Eiglarsh immediately. We have always worked zealously to assist healthcare providers and others accused of Medicare Fraud. If you have been accused or charged with Medicare Fraud, call our firm today for a free consultation.- Back to Areas of Practice
Much like Medicare fraud, Medicaid fraud continues to be a top priority for South Florida state and federal prosecutors. The Government continues to devote extraordinary resources to combating this this type of fraud. Many mistakes are made by law enforcement in their zealous prosecution of these offenses. A number of our clients have been have been stripped of their liberty for minor infractions. Some, unfortunately have been arrested even though they have done nothing wrong.
If you or someone you know is under investigation and/or has been arrested for Medicaid Fraud, contact The Law Offices of Mark Eiglarsh immediately. We continue to zealously assist healthcare providers and others accused of Medicaid Fraud. Call our law firm immediately for an initial free evaluation of your case.- Back to Areas of Practice
Multi-level Marketing Crimes
The Ponzi scheme orchestrated by Bernie Madoff serves as a reminder that "White Collar Crimes" are not without its victims. Bernie's scheme caused the loss of approximately $18,000,000,000 (that's billions!). Additionally, in our own backyard, Nevin Shapiro took victims for millions. It's because of these high profile cases and others like them that the Government is devoting unlimited resources to investigate and prosecute Multi-level Marketing Crimes.
If you or someone you know has been charged or are under investigation for involvement in a Multi-level Marketing crime such as a Ponzi Scheme, call the Law Offices of Mark Eiglarsh at your earliest convenience to learn about your rights and the defenses that may be available to you. A skilled South Florida criminal defense attorney from the Law Offices of Mark Eiglarsh can provide you with zealous representation that you need to effectively assist you.- Back to Areas of Practice
The crime of Money Laundering occurs when money made from illegal activities are made to appear as legitimately earned in order to avoid prosecution and/or seizure by the government. The crimes committed to earn unlawful proceeds includes, but are not limited to: Drug Trafficking; Human Trafficking; Fraud; Extortion etc.
The penalties for Money Laundering can be extremely severe. Typically the sentence one faces hinges upon the amount of money alleged to have been laundered. For example, if the amount involves $100,000 or more, the crime would be deemed a first degree felony, punishable by up to thirty years in prison. If the amount is under $100,000, but more than $20,000, the crime is a second degree felony, with a maximum of 15 years of incarceration. Finally, if the amount laundered is under $20,000 but more than $300, it's a third degree felony with a statutory maximum sentence of five years in prison.
After the Bank Secrecy Act of 1970 was enacted by lawmakers, a mandatory reporting requirement was imposed for anyone engaged in cash transitions involving $10,000 or more. Also as a requirement of the act, folks with foreign bank accounts are required to report to the U.S. Government the existence of such accounts.
If you or someone you know is either under investigation for Money Laundering or have been arrested for the offense, don't hesitate to contact the Law Offices of Mark Eiglarsh immediately. We have extensive experience zealously defending these matters. Call for a free confidential consultation.- Back to Areas of Practice
After the economy's recent crash, caused in part by rampant subprime lending fraud in both South Florida and throughout the U.S., law enforcement from State and Federal offices have spared no expense in investigating Mortgage Fraud offenses. We have handled numerous cases where clients are alleged to have lied on loan applications. Typically the allegation includes lying/inflating one's income, fraudulent appraisals, fake proof of employment etc. We've represented many investors, bank employees, brokers etc. who have either been investigated and/or prosecuted for Mortgage Fraud.
The Law Offices of Mark Eiglarsh has extensive experience handling criminal matters of all kinds both in State and/or Federal Courts. Having handled numerous cases, including Mortgage Fraud, our firm will zealously provide you with the representation that you need to effectively defend your legal rights.- Back to Areas of Practice
Organized Fraud is a serious offense in Florida and is prosecuted zealously. It's defined as intentionally concealing and/or misrepresenting information with the intent to mislead and/or deceive another. The penalties for Organized Fraud can be extremely significant. If the U.S. mail was utilized to carry out the Organized Fraud, the crime can be charged in federal court and additional charges like Mail Fraud may be sought. Additionally, if telephones and/or faxes were used for example, that would constitute Wire Fraud, also a federal charge. Penalties for Organized Fraud in federal court can be as high as thirty years in prison and up to a million dollar fine.
These types of cases also get prosecuted in state court as well. The penalties in that venue can be just as signifiant. The statutory penalty for Organized Fraud in the state system is thirty years to life in prison and up to $15,000 in fines. There are numerous defenses available for these offenses.
If you or someone you know has been charged with Organized Fraud and/or related offenses, the Law Offices of Mark Eiglarsh will zealously defend you. Our firm has extensive experience and knowledge in defending clients charged with these types of fraud offenses. Call our firm today to speak with an experienced South Florida criminal defense attorney, who has over two decades of experience.- Back to Areas of Practice
Prescription Fraud It is unlawful for anyone to obtain a controlled substance by lying, misrepresenting, forgery, fraud and/or deception. Pursuant to the Florida Comprehensive Drug Abuse Prevention and Control Act, doing so is a third degree felony punishable by up to five years in prison. This crime differs from Possession of a Controlled Substance. Prescription Fraud is all about the action taken, couple with the intent, to secure the substance.
Especially in South Florida, there has been a rash of these types of offenses committed, particularly after law enforcement's crackdown on alleged "Pill Mills." Our firm has assisted many charged with Prescription Fraud and related drug offenses. If you or a loved one is charged with Prescription Fraud, call the Law Offices of Mark Eiglarsh at your earliest convenience to learn about your rights and the defenses that may be available to you. A skilled Miami criminal defense attorney from the Law Offices of Mark Eiglarsh can provide you with the representation that you need to effectively and zealously defend you.- Back to Areas of Practice
Whether it's the misappropriation of funds, fraud, bribery, extortion, embezzlement etc., our firm represents clients charged with a wide array of Public Corruption charges. Prosecutors take these matters very seriously, often devoting significant resources towards them. Often, these matters are deemed "high profile," and can garner significant media attention. Our firm knows how to handle these unique matters.
The Law Offices of Mark Eiglarsh is fully committed to providing each and every one of our valued clients with an aggressive defense throughout all phases of the criminal process. The most prudent thing to do is call the Law Offices of Mark Eiglarsh to speak with an experienced South Florida criminal defense attorney.- Back to Areas of Practice
At the Law Offices of Mark Eiglarsh, we zealously defend clients accused of Securities Fraud offenses. If you or someone you know has been charged with Securities Fraud, it's imperative that you hire an experienced criminal defense lawyer to assist.
These offenses are typically prosecuted in the federal system and the laws pertaining to Securities Fraud can be found at 15 U.S.C. § 77 & 78. Some of the typical offenses for which we represent clients in this arena includes lying or misrepresenting things to the Securities and Exchange Commission (SEC); insider trading; selling or buying unregistered securities; and selling securities by committing fraud.
We've been successful arguing a number of defenses that apply to Securities Fraud allegations. If you or someone you know is under investigation, do not hesitate to contact us. Call the Law Offices of Mark Eiglarsh to speak with an experienced South Florida Securities Fraud criminal defense lawyer about your situation.- Back to Areas of Practice
If you or someone you know is facing any criminal charges relating to the commission of Tax Fraud, do not hesitate to contact our firm. It's imperative that you not try to handle the investigation yourself. If you're accused of failing to report all income and assets; failing to report any foreign bank accounts; failing to file tax returns and/or overstating or understating deductions, we can assist you. We have been successful in helping prior clients avoid indictments all together or getting the charges reduced. Call the Law Offices of Mark Eiglarsh as soon as possible. The Law Offices of Mark Eiglarsh can provide you with zealous and aggressive representation that you need to effectively defend your tax fraud case.- Back to Areas of Practice
Wire Fraud charges are extremely significant and may result in up to 30 years in prison and a million dollar fine. Typically, Wire Fraud is defined as acts that involve fraud carried out through the use of electronic communications. The Government must prove that there was a scheme to defraud. Additionally, they must show that the defendant was a willing and knowing participant. Finally, they must prove that the scheme involved the use of an interstate wire communications. The Government does not have to prove that money and/or property was actually taken from the victim. Rather, prosecutors may still secure a conviction by simply proving that the offender had an intention of depriving an individual of his assets. Each act of fraud where electronic communications were used can be charged separately.
If charged with Wire Fraud, it’s imperative to hire an experienced South Florida criminal defense attorney who is extremely skilled in handling white collar crimes. The Law Offices of Mark Eiglarsh provide clients with top notch service. Call our firm today for a free confidential consultation.- Back to Areas of Practice
Witness Tampering Witness Tampering occurs when a person offers a benefit of any kind to a witness in an judicial hearing. The intent of the person engaged in this offense is typically to influence the potential witness into providing false testimony.
There are a number of defenses available for Witness Tampering. If you or someone you know has been charged with Witness Tampering, we encourage you to contact the Law Offices of Mark Eiglarsh immediately. By choosing our firm, you will be zealously represented and your rights will be protected.- Back to Areas of Practice