| Read Time: 2 minutes | Criminal Defense

Tavares Mayor Accused of Fraud

Fraud is serious. Just ask recently arrested Tavares Mayor, Robert Wolfe. Mayor Wolfe is accused of committing fraud by submitting a false claim to his insurance company for $9,300 worth of damage to his home. It is alleged that Mayor Wolfe submitted a claim to his insurance company that he was forced to move out of his home due to damage from a leaky sink, but the insurance company claims that this never happened. Now, not only has Mayor Wolfe been accused of a serious felony but Governor Scott has removed him from office. Currently, Mayor Wolfe is standing accused of one count of insurance fraud. However, the State Attorney’s Office could add charges depending upon the evidence. Depending upon how the claim was made these additional charges could include perjury and grand theft. Our firm has seen a significant increase in the prosecution of these cases. Not only are local law enforcement agencies investigating these cases, but so are statewide agencies including FDLE and the Department of Financial Services. These statewide agencies are typically investigating fraudulent acts where the government is the victim. Insurance fraud, credit card fraud, tax fraud, and other “white collar” crimes are frequently prosecuted and must be handled by defense attorneys that have knowledge of how these types of cases are handled. The attorney must be prepared to examine the financial documents that are being used as evidence and have the required understanding to determine if the documents can prove the alleged crime. If you are being investigated for fraud do not speak with the investigator. Do not try to clear this up yourself. Do not try to explain the situation. Remember these investigators have a job and that job is to provide evidence of the alleged fraud. If you are contacted by an investigator contact an attorney. Allow the criminal lawyer to contact the detective. Allow the attorney to speak with the Assistant State Attorney or Assistant US Attorney. Trying to this yourself will only lead to problems. Too often I have had clients who try to tell “there side of the story”. If you have been contacted by law enforcement, or have been arrested for fraudulent activity contact a criminal attorney who handles these types of cases. The criminal defense attorneys at Moses and Rooth Attorney at Law are experienced in defending those accused of fraudulent activity. Contact us at 407-377-0150 and set up a free consultation. Let us assist you in making sure that your rights are protected.

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| Read Time: 2 minutes | White Collar Crimes

The Seriousness of White Collar Crimes

White collar crimes are referring to criminal conduct committed for financial gain but without the use of force or violence. This can be referring to crimes as simple as illegal gambling and more complicated crimes such as money laundering or RICO violations. In the United States, 62.5% of people have experienced at least one form of white collar crime with that number steadily increasing as technology improves. In Florida, these crimes are taken seriously because the people who are often victimized are the elderly, young, and uneducated. Because of this, Florida has an interest in protecting the public’s property and assisting in prosecuting white collar crimes. White collar crimes have become so prevalent that Florida has devoted specific statutes to white collar crime and is governed by the White Collar Crime Victim Protection Act, Section 775.0844 and Section 825.101. These statutes define white collar crime and differentiate between the type of crime, how many people are affected, and the potential consequences of committing a white collar crime. The consequences of white collar cases can be career ending if not handled properly. As with any crime there is always a possibility of imprisonment, probation, and fines. A professional who has been accused of these crimes face additional consequences such as license revocation and therefore the inability to continue working. White collar crimes are generally more complicated and sophisticated. They are often times investigated over long periods of time and require a defense attorney who has the sophistication and experience to understand the intricacies of these statutes. It is important that if you believe that you are being investigated for a white collar offense, you contact an attorney immediately. The ability to advocate on your behalf even before an arrest is made can be the difference between being arrested or not. Do You Need Legal Advice? We Can Help Being charged with a white collar crime is serious. In this instance you are not only hurting yourself but also vulnerable individuals. In Florida, this crime is not taken lightly and carries steep penalties. If you or a loved one have been charged with a white collar crime, it is in your best interest to seek legal representation. Contact Moses & Rooth Attorneys at Law so that we can help you figure out the best strategies for your case. Contact our office today.

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| Read Time: 2 minutes | White Collar Crimes

Florida’s Pill Mill

A doctor in Florida has been charged with allegedly distributing oxycodone, diazepam, and methadone to thousands of patients in Florida who visited one of her Dollar Medic Clinics. The doctor allegedly handed out the prescriptions for these controlled substances over Skype and even without meeting the patient. When she did meet with patients, she met with numerous patients a day suggesting that she was not necessarily providing the necessary care. She has been charged with money laundering, racketeering, conspiracy to commit racketeering, and conspiracy to traffic controlled substances. At this point in her trial she is representing herself.  If convicted, she will face at least 25 years in jail. Racketeering in Florida In Florida, racketeering is an unlawful business activity that is prohibited. In this case the woman allegedly participated in racketeering when she handed out controlled substances to almost all of her patients. A person charged with racketeering could be subjected to a first-degree felony. If it is determined that the person derived value from the racketeering, then the person may be sentenced to pay three times the amount of gross value that was gained. If a person is convicted, then the person could be forced to pay the court costs, investigation costs, and prosecution costs. It is suggested that this doctor made over a million dollars a year. Should You Represent Yourself or Hire an Attorney? Ultimately, whether you hire a criminal attorney is a decision that you must make on your own. However, this case is a perfect example of what can happen when a person does not work with a trained legal professional. The doctor who allegedly committed numerous offenses decided to prepare her own defense. The prosecution continuously had to object to the opening statements made by the doctor because she continuously tried to speak about the effects that the case has had on her family. She insisted that her “life depended on it.” A criminal defense professional is able to prepare an opening statement that would not continuously be dismissed by the prosecution. In addition, a lawyer is able to explain the relevant facts of the case without hurting a person’s case. Although a person may think that an attorney is expensive, under the sixth amendment to the US Constitution, a person is entitled to legal representation. This is why if a person cannot afford an attorney, then the person will be appointed a public defender. You Cannot Do it Alone In this case, the doctor decided to represent herself, but you do not need to face criminal charges alone. The attorneys at Moses and Rooth will work with you to prepare a strong defense. We are a criminal law firm in Florida that can to help you prepare for your trial. Contact 407-377-0150 to schedule your free consultations at a time that works for you whether it be during the week, in the evening, or on the weekend.

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| Read Time: 2 minutes | Criminal Defense

What are White Collar Crimes?

There is no agreed upon definition of a white collar crime. According to Wex Law Dictionary, sociologist Edwin Sutherland coined the term in 1939 as “a crime committed by a person of respectability and high social status in the course of his occupation.” Wex also states that a white collar crime is generally a nonviolent crime committed in a commercial situation for financial gain. White collar crimes span a wide range of illegal activities, however, the vast majority committed are a type of fraud. Many different federal and state agencies prosecute white collar crimes. If you are being investigated or have been charged by the Federal Bureau of Investigations (FBI), Securities and Exchange Commission (SEC), Department of Justice (DOJ), Internal Revenue Service (IRS), local officials, or another agency, an experienced criminal defense attorney at Moses & Rooth can ensure that you receive the best possible defense. Fraud According to Wex Law Dictionary, fraud is the deliberate deceiving of someone with the intent of causing damage. Generally, the damage involved is financial damage. Fraud takes many different forms and the qualifications for the different types of fraud differ by federal, state and local statutes and may carry a range of consequences if convicted. According to TRAC Reports, in the first ten months of 2013 the Southern District of Florida was fourth in the nation for the greatest number of white collar crime prosecutions per capita. Most Common Types of White Collar Fraud in Florida According to TRAC Reports, in October of 2014, the DOJ reported the ten leading fraud convictions as: Fraud by wire, radio, or television; Attempt and conspiracy to commit mail fraud; Public money, property, records fraud; Mail fraud categorized to be frauds and swindles; Bank fraud; Fraud and false statements; Conspiracy to defraud the government; Conspiracy to commit an offense or to defraud the United States; ID fraud; and Fraud related to access devices. Other Types of Fraud Other types of fraud include: Florida Tax fraud; Florida Insurance fraud; Florida Mortgage fraud; and Many others. Other Types of White Collar Crimes Without an exact definition of white collar crimes it is difficult for agencies to categorize exactly what falls within. There are, however, other offenses than fraud that are generally labeled as a white collar crime. Some other white collar crimes are: Antitrust violations; Environmental violations; Insider trading; Bribery; Kickbacks; Blackmail; Money laundering; and Many others. A wide range of laws exist for the federal government, the state, and local authorities to charge a person with under the category of white collar crimes. Consult a Moses & Rooth attorney today if you are concerned that an activity you are involved with may be an illegal white collar crime. If you are being investigated or have been charged with a crime by the FBI, IRS, SEC, DOJ, the state, or local police, or another agency for a possible white collar crime, contact an experienced criminal defense attorney at Moses & Rooth for an explanation of the charges and the best possible defense. Come see us at our Orlando office: Moses and Rooth Attorneys at Law   115 Granada Court Orlando, FL 32803 Phone: (407) 377-0150  

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