Miami Criminal Attorney Blog

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08/10/11--10:45: 27 Accused of Mortgage Fraud in Miami, South Florida (chan 2538802)

In four separate indictments unsealed recently, the U.S. Attorney's Office in Miami is accusing 27 people in mortgage schemes against banks and South Florida homeowners, The Miami Herald reports. The charges range from mail fraud to insurance fraud to arson.

Mortgage fraud in Miami is a hot-button topic these days, with the media constantly reporting on the struggles of the real estate market in Miami and throughout the state. And seeing that coverage, law enforcement sometimes ramps up its efforts in order to make headlines of their own.

It's possible in these allegations of mortgage fraud that prosecutors and agents misinterpret legitimate business transactions and strategies. And that's why hiring an experienced Miami Mortgage Fraud Defense Attorney is a critical first step. Reviewing pages of records and transactions as well as examining the government's case can take time, so the sooner a defendant gets sound legal advise, the better.

In these cases, the defendants are accused of offering more than $30 million in bad loans. Two of the cases, the newspaper reports, are common mortgage fraud schemes, with straw buyers using falsified applications for loans to buy houses at inflated prices. Truth of the matter is that virtually every banker in America approved questionable loans during the boom years -- it's what caused the bust. Defending yourself is vital if you have been singled out for prosecution.

In another case, a real estate agent is accused of falling behind on payments for a Doral townhouse and conspiring with two others to burn down the house and collect insurance money. He is accused of a fraudulent short sale of the property, wherein a friend bought it for about a quarter of its value and then transferred the property to a company controlled by the agent.

In a fourth case, an attorney is accused of misappropriating more than $1 million in client funds while closing on real estate transactions. Instead of using refinance proceeds to pay off a mortgage, the attorney is accused of keeping the money for himself.

If convicted, the 27 defendants could face 20 years in prison. Florida leads the nation in mortgage fraud in the last five years, the newspaper reports. South Florida ranks as the most active metropolitan area in the state. The Mortgage Fraud Task Force, launched in 2007, has prosecuted more than 600 defendants in the last four years, the newspaper reports.

That is an awful lot of prosecutions, though it's unclear how many of those prosecutions ended in convictions. While the public loves to hear about people being arrested or indicted, these court events are not proof of a crime, but simply the initial step in a long and complex proceeding.

White collar crime in Miami is notoriously grueling because of all the paperwork involved, the typical inclusion of business affairs and multiple bank accounts. In real estate fraud cases, there are loan applications, title companies, real estate agents and appraisers and all facts must be taken into consideration.

Because these cases are so complex, hiring an experienced lawyer, one with years handling white collar crimes, is crucial. Mortgage fraud is typically charged in the federal court system rather than in the state system, which is even more of a challenge for the defendant. The feds have many officers at their disposal and the time to investigate. That's why an aggressive defense is needed.






08/22/11--13:11: Alleged Margate Ponzi Schemer Wanted for Extradition (chan 2538802)

A Margate man accused of conducting a Ponzi scheme that allegedly bilked investors out of millions may soon be extradited from Thailand to Broward County, The Sun-Sentinel reports.

Allegations of Ponzi Schemes in Miami have been blown out of proportion by the media. Too often, when an investment sours -- as many have done in the wake of the economic downturn -- criminal allegations are made. An experienced Miami Criminal Defense Attorney should be consulted if you are facing criminal charges involving fraud or other financial crimes.

The 58-year-old man has a federal arrest warrant out for his arrest for unlawful flight to avoid being prosecuted, the newspaper reports. According to the newspaper's account, the man is accused of bilking investors out of $5 million after he allegedly promised returns on an investment of between 16 and 30 percent. Many investors were members from Oriole Golf Club.

The man told the newspaper he was surprised to learn he was an international fugitive, telling reporters he was scammed out of money himself in Thailand and he's stayed there in order to develop land. According to court documents, court documents, the man faces at least one count of first-degree grand theft, a charge that could put him in prison for up to 30 years.

Ponzi schemes are typically designed in a way where investors are needed on top of over investors to make money to keep the scheme going. Every new investor provides money to pay old investors and fund the perpetrators. The scheme must stay at a faster pace than the financial market and a crash is inevitable during a market downturn.

But many of these investment opportunities are simply plans that go bad because of the poor economy. The Great Recession has caused many investors to lose money and some have lost their entire retirement funds.

And while people may have lost money on investments in the past, they would take the loss and move on with life. But it seems that today, people are more likely to point the finger and seek a criminal prosecution, along with a likely series of civil lawsuits.

With Ponzi schemes in the news more and more, the news media is hard on the case of the next "investment scheme." An investment is always a gamble and while investment leaders can say they expect a certain return on the money that goes in, a promised rate is never official.

An experienced Miami White Collar Defense Attorney will review a business' records, look at contracts with investors and be able to properly defend a client. When the federal government is involved, significant resources and pressure can be put on a defendant.

Therefore, an experienced lawyer should be hired to uphold a client's rights and make sure all aspects of the case are reviewed and evidence is disputed. Consulting as soon as possible with a lawyer is key in order to allow the attorney to review the records on pace with investigators.






08/29/11--12:32: Suspected Mortgage Fraud in Miami, Florida, Highest Nationwide (chan 2538802)

A new recently released report by the FBI, called the 2010 Mortgage Fraud Report, revealed that Florida, and specifically the Miami and Tampa areas, are the number one places in the country for mortgage fraud.

The recent Federal Bureau of Investigation report will no doubt cause this agency and local law enforcement to take an even closer look at any mortgage transaction when a person loses money. There have been many instances of investment transactions that went south after the economy crashed and led state or federal prosecutors to file baseless charges of mortgage fraud in Miami.

Because there has been so much media and law enforcement attention and the buzzword "mortgage fraud" is so heavily used right now, these prosecutions seem like they take place every day. And that's too bad because, as Miami Criminal Defense Attorneys have noted, many people who face charges or investigations have done nothing wrong. In fact, they may have been left holding the bag when the real estate market collapsed. And as many experts have seen, Florida was one of the heaviest hit for foreclosures and upside down mortgages in the country.

According to the FBI report, the agency used data from law enforcement and industry sources to compare and map areas most affected by mortgage fraud in 2010. After compiling the data, the agency determined that Florida leads the nation in mortgage fraud activity, followed by California, Arizona and Nevada.

The agency's figures found that Miami has 92 pending mortgage fraud cases, seventh highest in the nation. Tampa's FBI office has 177 cases. Las Vegas leads the nation in pending mortgage fraud cases with 292.

The majority of FBI-investigated cases -- about 55 percent -- result from activity occurring between 2009 and 2010, while about 36 percent of the cases regard alleged fraud in 2007 and 2008. The remaining 9 percent of cases are from 2001 to 2006 activity. The agency estimates that in 2010, there were $3.2 million in losses from suspicious activity reports, up from $2.8 million in 2009 and $1.5 million in 2008.

Certainly, many people have lost money in the real estate crash during the Great Recession. Few Americans, as well as those abroad, were completely sheltered from the violent downswing in the economy. But while there were losses, that doesn't mean every real estate transaction or investment opportunity that went south was a matter of fraud.

Charges of mortgage fraud in Miami can be prosecuted either in state or federal court. And hiring an attorney early in the process is important.

Being charged in state court can bring lesser penalties, whereas the federal court system has more structured penalties that are tougher to get reduced. Federal criminal penalties are calculated by guidelines that judges must follow, whereas circuit judges at the state level have more discretion in their sentences. That can make a big difference for a client.






09/14/11--07:43: Alleged Cash-Checking Scam Lands Three in Boca Raton Jail (chan 2538802)

Two Miami-Dade residents and a Miramar man are in jail, accused of depositing and cashing fraudulent checks, The Palm Beach Post is reporting.

Check theft charges in Miami can sometimes be difficult to prove for the state because knowledge that a theft is taking place is a required element to prove the charges.

However, it's not uncommon for prosecutors to file numerous charges -- making each check or incident a separate offense. Charges can really add up. These white collar crimes must be defended because the penalties can be severe. Consulting with and hiring an experienced Miami white-collar crimes attorney should be the suspect's first priority. By seeing all the evidence the state plans to present, along with creating a solid defense strategy, charges can be beaten or reduced.

In this case, the suspects are 23, 26 and 41 and are accused by Boca Raton police of using fraudulent checks to open accounts at banks throughout Palm Beach County. Police say the three wrote bad checks to open accounts and then cashed checks against the accounts, according to police documentation. They allegedly took money from Chase, TD Bank and Wells Fargo branch banks.

After an officer spotted a vehicle carrying the three in an empty lot, the officer followed them to a second-floor bank parking lot. After pulling them over, he began talking with the suspects and asked for permission to search their vehicle. They granted it and the officer found checks, deposit slips, debit cards and hand-written business names and account numbers. The suspects are charged with organized fraud and grand theft.

What must be looked at in this case is the initial stop or confrontation between the law enforcement officer and the suspects. Simply being in a vehicle in an empty parking lot isn't grounds for being a suspect for any type of crime.

The officer must have a real reason for following the vehicle and approaching the three to begin an investigation. According to the newspaper report, the officer didn't even know there were several people in the vehicle. The officer thought only the driver was inside, the newspaper reports.

Whether the search was legal will be questioned; as should the notion that the suspects permitted such a search to occur.

No one should have to fear being investigating by police without them having any reason to suspect criminal activity. It's against every American's Fourth Amendment rights. If you are arrested and believe the police had no reason to suspect you were involved with a crime, consult with an experienced Miami criminal defense firm today.






09/19/11--08:33: Four From South Florida Accused of Home Loan Modification Scam (chan 2538802)

The U.S. Department of Justice has charged four men the government alleges were involved in a loan modification scam.

Since the collapse of the real estate market, state and federal prosecutors have spent a good amount of their time trying to find anyone they can prosecute for mortgage fraud in Miami.

Sadly, this strategy has ensnared innocent people. And this requires an aggressive Miami Mortgage Fraud Defense Lawyer who spent years as a white collar crimes prosecutor and knows how the state and law enforcement approach these cases.

A 20-count indictment recently unsealed in Boston federal court charges four men from Florida -- Delray Beach, Highland Beach, Boynton Beach and Boca Raton -- with conspiracy, wire fraud, mail fraud and misuse of a government seal, according to a Department of Justice press release.

According to government documents, the four men ran a Florida company called Home Owners Protection Economics Inc. They were the president, vice president, manager and telemarketer/trainer.

The indictment alleges that the company -- from 2009 through May -- reached out to distressed homeowners and asked them for an up-front fee of $400 to $900 in order to get loan modification services and "software licenses."

HOPE workers allegedly told homeowners they would be able to get a loan modification under the federally backed Home Affordable Modification Program. But the government says HOPE workers told homeowners that the company was affiliated with the homeowner's mortgage lender, that the homeowner had been approved for a modification and that they could stop making house payments while they waited for the modification to go through. They also allegedly told homeowners they would refund the up-front fee if the modification wasn't successful.

The government alleges that HOPE sent homeowners a do-it-yourself application package that is similar to the free form provided by the government. Most of the homeowners who sent in the forms had their loan modification denied, yet the company allegedly collected more than $3 million in fees.

The president and vice president face charges of conspiracy, nine counts of wire fraud, nine counts of mail fraud and one count of misuse of a government seal. The manager and telemarketer/trainer are charged with conspiracy, nine counts of wire fraud and nine counts of mail fraud. Each conspiracy count and the misuse of a government seal count carries a maximum five-year prison sentence. The mail and wire fraud charges are punishable by up to 20 years in prison.

As you can see, the severity of the charges filed in federal court are cause for concern. And on top of the possible prison time, the suspects, if convicted, could be forced to pay back money to the alleged victims.

An experienced Miami mortgage fraud defense attorney can be utilized to stick up for the defendant and research all of the facts of the case in defense of the suspect. In these complex business-related allegations, an attorney must be able to access years of records as well as question alleged victims in order to find out the truth, not just the police version of it.






09/26/11--06:53: Cybercrime in Miami, Nationwide Claims 1 Million Victims Daily (chan 2538802)

The website MainStreet.com is reporting that new research shows that 1 million people fall prey to cybercrime in Miami and elsewhere throughout the United States every day.

It's a staggering number, and a situation that has far-reaching consequences. Everything from a person's identification to credit card and bank account information are being stolen and used by fraudsters as a way to steal money. Meanwhile, the victim's credit could suffer and their security is threatened. These victims require representation from a Miami cybercrime attorney who has spent years prosecuting, defending and bringing lawsuits related to cybercrime.

On the flip side, because cybercrime is such a hot-button topic for law enforcement and the news media, many people are falsely accused of committing this crime. This is an extremely complex world of computers, networks, spy programs and other tactics that sometimes law enforcement has a difficult time tracking down. Therefore, a defendant should be well-represented when facing these serious allegations.

According to the news story, Americans may be familiar with the large-scale breaches at Sony, Citibank and Epsilon, but what they may not understand is that these attacks happen on real people, every day, as well.

Norton, the anti-virus software manufacturer, recently released a report that states 431 million adults have been victimized by cybercrime, costing countries more than $114 billion in financial losses. When you add in the amount of time spent to retrieve the money that was lost, the number spikes to nearly $388 billion.

Think about that -- $388 billion per year is spent trying to recoup money that was stolen through computer-related attacks. That can be anything from setting up a virus to hack into a computer and steal passwords, to sending phishing e-mails designed to steal credit card information, allowing the thief to go on extravagant spending sprees. If these forms of theft could be curtailed, there's a lot of money that could be saved and used on more needed causes.

According to the report, in 2010 more than 74 million people were victims of some form of cybercrime in the United States, totaling $32 billion in direct financial losses. Norton found that 14 adults worldwide are victimized by online fraudsters every second, meaning more than 1 million people a day are hacked.

Cybercrime comes in many forms. These are the most popular:




• e-mailed viruses and malware


• online scams


• phishing messages




As our technology expands, so do the avenues for cybercrime artists to victimize unsuspecting consumers. With smartphones expanding their possibilities, home-based Internet available on television, and more and more people's credit card and bank information being online, the stakes are high.

In fact, Norton reports that cybercrime costs governments more than the black market for marijuana, cocaine and heroin combined. Those illegal trades cost $288 billion compared to the $388 billion from cybercrimes.

This is a complex world that requires an experienced and dedicated Miami cybercrimes lawyer who knows how this world works. Whether seeking criminal defense representation or help after you've been victimized, we can help.






09/30/11--07:38: Six-Year, 100-Percent Spike in Cyber Crime in Miami Requires Legal Action (chan 2538802)

CNNMoney reports some interesting numbers regarding the increasing popularity of thieves taking to the Internet to steal from consumers.

With Florida's older population, those who use the Internet for banking or other transactions may be more susceptible to victimization. This is yet another reason why cyber crime in Miami has spiked in recent years. But it's not just older Floridians who are put at risk. Younger, more tech-savvy consumers who use computers and phones for online banking, buying on eBay and shopping online are also at risk. No one is immune.

And for that reason, cyber crime has become more and more of a problem in recent years. Law enforcement has tried to get a handle on it, but by and large they fail. Sometimes they charge people who are innocent, who require an experienced Miami cyber crimes defense attorney. Victims also require an attorney who can help them recover money lost or deal with the company that doesn't do enough to protect them.

According to CNNMoney, the cost to U.S. companies for data breaches has had a tremendous increase in the last six years.

• 2006: $61 billion
• 2007: $78 billion
• 2008: $85 billion
• 2009: $90 billion
• 2010: $105 billion
• 2011: $130 billion

That's a staggering amount of money that companies are spending when hackers breach their security systems, and includes in some cases having to repay customers who have been victimized. High-profile hackings at Sony and Citigroup highlight the need for companies to take these potential breaches more seriously in order to protect customers.

The article also reports that cyber-thieves aren't just taking people's credit card information in order to steal their identities. They are also going after the company's trade secrets. Statistics show that stolen data translates to companies losing 3.7 percent of their customers on average.

The companies are also paying more than $150 million to clean up after the attack, which includes stolen information, and repairing the breached areas and the stolen documents. Companies are now spending upwards of $80 billion a year on cyber-security. That, too, has doubled since 2006.

The data shows that negligence and computer errors, however, still make up the majority of unprotected information that gets out into the public realm.

While companies are spending billions on security, the hackers and cyber-thieves are simply doing a better job. Many people have used their training in security to do just the opposite, causing the problems that have plagued our society since the Internet has become so widely available across the globe.

Many people who are arrested are falsely accused, and also, many victims aren't properly represented in the criminal process. While prosecutors will attempt to get back money that was lost, it may not be enough to cover the damage caused by a well-plotted cyber attack.

A Miami cyber crimes attorney with years of experience handling these types of cases must be brought in to ensure a defendant's rights are upheld and a victim's interests are kept in the forefront.






10/07/11--04:41: 20 From South Florida Charged in $40 Million Mortgage Fraud Scam (chan 2538802)

Twenty people from the Miami area have been charged in an alleged mortgage fraud scam that includes real estate and banking professionals, The Miami Herald reports.

Prosecutors are at it again. They keep bringing these mortgage fraud cases in Miami that have little evidence to prove fraud. In many cases, the suspects are simply bankers or real estate professionals -- agents, title companies and others who are part of the real estate process -- who were doing their jobs. Someone lost money, however, and all of a sudden it's "fraud."

Federal prosecutors go out of their way to promote the fact that they secured an indictment -- a one-sided hearing where prosecutors bring evidence and testimony to a panel of grand jurors who rarely decline the government's request for an indictment. And they blast press releases and hold news conferences to show the public how much they're doing to combat the so-called problem.

In many cases, an experienced Miami criminal defense attorney steps in and helps a defendant beat the charges, which gets much less fanfare. It's the nature of the beast and may seem unfair. But justice doesn't always get the media's attention as does the announcement of the initial hyped-up charges.

In this case, 20 people are accused of participating in a scheme from 2006 to 2008 in which real estate professionals allegedly falsified loan documents and obtained 200 home equity lines of credit loans.

Prosecutors allege that a brother and sister team from Miami obtained loans for homes and condos with the help of a bank manager. They and others allegedly falsified borrowers' income levels, assets, employment and other information needed to get the loans approved.

A title agent allegedly helped in the scam by disbursing millions in loan proceeds to co-conspirators. All 20 are charged with conspiracy to commit bank fraud and mortgage fraud charges. Each defendant faces up to 30 years in prison on each count.

What the article doesn't lay out is the proof prosecutors intend to use to try to turn a simple indictment into a conviction. These real estate cases are very complex and while all the terms used -- falsifying loan applications, sending out millions of dollars, etc. -- seems very impressive and criminally minded, the facts sometimes aren't as they seem.

What may end up coming out once the case goes to trial is that the government really doesn't have solid proof that all of these people knowingly committed any crime. Proving that all these people all worked together on a large-scale plan to rip off banks is quite an undertaking.

What may end up happening is a few of the lower-level offenders making plea agreements -- the government likely desperately needs this to happen -- to testify against the others. Still, it would be uncommon for all these people to know each other or have knowledge about what they allegedly did as part of this crime. Even flipping co-defendants into witnesses has its limitations.

An experienced Miami white-collar crimes attorney must be brought in to assess all the facts and question the government's evidence and witnesses. These cases must be clearly explained to jurors, which can be challenging. And often, the government's facts are so convoluted a jury can't convict.






10/14/11--09:28: Cybercrime, Telephone Scams are Lessons to be Learned by Miami Consumers (chan 2538802)

Cybercrime has been highly documented as it claims 1 million victims each day. These online and electronic scams cost consumers -- and the corporations that are seeking to stop or prevent crimes -- tens of billions of dollars each year.

People are constantly at risk, whether on their computers, cell phones or with the companies they use to store their personal information. But many people are falsely accused of committing these cybercrimes in Miami.

With the complex nature of these charges, many police officers simply aren't trained enough to understand how computer networks operate and how they can be used to defraud consumers, especially among Florida's older population. But Miami cyber crimes attorneys have spent years working on these cases, some as prosecutors at the Miami-Dade State Attorney's Office.

A recent story by Daily Finance illustrates the problem that people in South Florida could also face. An 84-year-old Illinois woman got a phone call from a man saying he was her grandson. He needed money, and he needed it fast.

That should be the first hint that it is a scam. But the woman said the scenario seemed plausible -- the man said he and some friends had gone to Canada and gotten into an accident and he needed $5,000 to make repairs.

The woman said she didn't know how to wire so much money. So he directed her to Wal-Mart, which uses MoneyGram's services to allow people to move money and make payments. She said the real person who is her grandson had recently toured in Iraq, so she didn't have his phone number to call him to check if that was really him. So she dutifully went off to her nearest Wal-Mart and made the transfer.

But she became nervous when she got a second call, asking for more money when the man said the accident damaged a building and he needed another $5,000. As an identity check, she asked him to tell her his grandfather's name. The man didn't know, of course. That's when the women knew it was a scam.

MoneyGram was recently fined $18 million by the Federal Trade Commission for allowing it to be a haven for telemarketing fraudsters. It also had to undergo anti-fraud improvements to prevent consumers from getting ripped off.

While this story is by no means uncommon, fraudsters are getting craftier than simply asking for wire transfers over the phone. Hackers are able to get into company networks and add charges to cell phone bills and direct the money to them instead of the company, with no one noticing. They can also steal a person's credit card information through the use of virus-laden mobile phone applications to make fraudulent charges.

But thieves like this don't user their real name or mailing address when stealing. And for online thievery, scammers hide their computer's IP address, which is a unique location in the cyber world that could identify exactly where the person was operating from. But police often are fooled as to who is really committing the crime and sometimes they end up being wrong. A false arrest can be costly.






10/20/11--09:55: Miami Accounting Firm Sued For $7.6 Billion For Not Detecting Mortgage Fraud (chan 2538802)

Two giant lawsuits against nationally recognized accounting firm Deloitte & Touche LLP allege the company should pay $7.6 billion for not detective massive fraud at a Florida mortgage company despite looking through years of audits, the Associated Press reports.

The lawsuits were filed by a bankruptcy trustee for the mortgage firm Taylor Bean & Whitaker and by Ocala Funding LLC, a company that bought hundreds of millions of dollars' worth of mortgages from that company. The trustee is seeking money to recover on behalf of creditors of Taylor Bean & Whitaker, the article states.

With the economy still slow to recover after the massive real estate bust both in Miami and nationwide, many investors and companies are turning to the court system to try to recover lost money. In many cases, they are alleging mortgage fraud in Miami and elsewhere in order to recoup money lost in investments.

Because South Florida is such a hotbed for mortgage fraud allegations, everyone is under suspicion. Whether a person ran a legitimate investment opportunity or not, if people lost money, they are automatically under suspicion.

And make no mistake, police and prosecutors are watching the court system as well. They often get tips from civil lawsuits that lead to criminal investigations. We have all heard the term "frivolous" when it comes to lawsuits. It also can apply to criminal investigations. If a bogus lawsuit tips off investigators to begin looking at a person for criminal charges, an aggressive Miami criminal defense lawyer with experience handling white collar and mortgage fraud cases must be called in to look at the situation. Not everyone accused is guilty.

According to this article, the plaintiffs in the two lawsuits allege the accounting firm looked over major issues of mortgage fraud in auditing the now-defunct Taylor Bean & Whitaker mortgage firm. The company calls the allegations "utterly without merit."

Taylor Bean collapsed two years ago after allegedly conducting fraud going back to 2002, the Associated Press reports. The company shut down in 2009 after federal agents raided its Ocala office. It's failure led to the failure of Colonial Bank -- the sixth largest bank failure in U.S. history.

In 2009, Taylor Bean had 2,500 employees and $30 billion in loans. Seven executives were convicted of federal criminal charges. The former chairman is serving a 30-year prison term.

The lawsuits allege that the accounting company's certification of Taylor Bean's books were an important cog in the mortgage company's appearance as a legitimate mortgage business. Taylor Bean was allegedly selling fake or overvalued mortgages, misstating liabilities and hiding bank accounts that were overdrawn, the story states.

The lawsuits allege that the accounting firm, which quit as its auditor in 2009 as the federal investigations were increasing, failed to do its job in auditing Taylor Bean and therefore is liable for losses.

It's odd that an auditing company would be sued by investors who lost money from the misdeeds of a mortgage company, but that's exactly what's happened here. As stated above, investors who lost money are looking for anyone to blame and that includes anyone connected to a person who may have been charged criminally and convicted of mortgage fraud-related charges.

Sadly, sometimes outrageous lawsuits turn into criminal investigations, which can damage a person's reputation and all they have worked for. They must be well-represented if criminal charges do crop up from baseless civil lawsuits.






10/27/11--04:54: "Pill Mill" Investigations in Miami Are On The Rise For Prosecutors (chan 2538802)

For the last few years, mortgage fraud investigations were the big thing that prosecutors nationwide were focusing on. Anyone tied to the real estate market -- title companies, real estate agents, mortgage brokers and appraisers -- were on the line for possible criminal charges if instances of fraud showed up on houses they worked on.

Now, it appears, the feds are focusing their attention at a new headline grabber -- pill mill investigations. The deal here is doctors, pharmacists, even patients, are being rounded up in large-scale drug, money laundering and racketeering investigations that can land people in prison for years to decades.

Pill mills in Miami have been the topic of much discussion in recent months. But these drug cases aren't like drug cases of old. In the past, a person would get arrested for buying or selling drugs and they would simply face charges based on those facts.

With pill mills, it's different. Investigators are alleging that these operations are large-scale business models that go far beyond simply buying and selling drugs. These are serious allegations that require the skills of an experienced Miami criminal defense lawyer.

The Miami Herald has reported two major pill mill investigations in recent months. Earlier this month, federal authorities alleged 40 people were involved in a scam where doctors would prescribe painkillers, and pharmacists were allegedly in on the deal, too. Patients are also accused of defrauding Medicare in connection with this alleged operation.

Medicare beneficiaries were targeted and recruited to fill prescriptions at certain pharmacies, run by those named in the indictments. A doctor was also alleged to have worked with pharmacists to endorse prescriptions that weren't medically needed. After billing Medicare for the drugs, the medical professionals profited and the beneficiaries sold the drugs on the secondary market.

Back in August, The Herald reported, authorities alleged 32 people were involved in a $40 million scheme where Oxycontin was bought and sold through pain clinics and doctors. In that case, the feds even alleged that a man who died after taking painkillers was killed by those involved in the plot.

In this investigation, authorities allege that pain clinic owners offered prescriptions to customers without a documented medical need. This attracted people from all over the country and world, The Herald reported. Authorities believe the pain clinic owners were making millions per year to dole out the drugs after performing cursory exams.

The problem with some of these investigations -- including the mortgage fraud investigations -- is that to charge people in connection with a greater scam, the government must prove that everyone involved knew it was, indeed, a scam.

The low-level workers just following bosses' orders weren't necessarily on board with this great plan to rip off insurance companies and bring in millions of illegal dollars. Yet, their names are dragged through the mud because they work for shady bosses. In most situations, all of the alleged co-conspirators don't even know each other and never have met. They might not even recognize the names.

These investigations are complex and take years to complete. They are also difficult to prove. The government must be held accountable when it makes such accusations and that comes with scrutinizing all evidence and witnesses it intends to bring at trial.






11/10/11--09:55: Miami Workers' Compensation Injuries, Death Cause Major Fines For Companies (chan 2538802)

The Occupational Safety & Health Administration recently cited two Florida companies for major work-related violations and in one case levied major fines for not providing a safe work environment.

Our Miami workers' compensation lawyers understand companies have a duty to provide a safe work environment.

Whether you work with heavy machinery on a construction site where falling equipment or big tools are obvious risks, or you work in a common office building where slip and fall accidents or clutter can cause you to be injured on the job, the situation is the same. Your employer is responsible for making sure you aren't put at risk.

In a Fort Lauderdale work incident, an inspection of Sen-Dure Products Inc. found 24 safety and health violations.

OSHA proposed a fine of $68,600 because of a forklift that was defective, hazards with the electrical system, workers without the training to operate a forklift, fall hazards, and not enough safe guards on the machinery to prevent amputations.

The agency also proposed fines because there is no noise monitoring program, no training for use of respirators, no provisions to keep food areas free from lead contamination and other issues.

The company produces industrial strength radiators and heat exchangers.

In a case out of Jacksonville, Callaway Contracting Inc. was sited by the agency for 13 safety violations after a worker died.

In May, a worker was electrocuted while unloading steel from a tractor trailer during a roadway rehabilitation project. An inspection of the company's main office also took place and revealed problems.

The underground utility contractor was cited for the fatality, according to OSHA, while the other violations dealt with not inspecting equipment, poor training of employees and exposing employees to dangers, such as objects that could fall from above. The agency found eight serious violations and four willful violations. Willful violations mean the company knew the law but intentionally ignored its duties. Those are typically the more serious violations if the agency finds that the bosses knew what they should be doing but didn't comply.

In this case, OSHA proposed penalties of $208,670 on Callaway, which has two weeks to comply, fight or meet with an area director.

These are major violations, but companies every day are cited for not ensuring the work environment in their buildings are up to snuff. It doesn't have to be a construction site or a company that builds major products for a violation to occur.

Any injury at work can have long-lasting effects. Whether muscular issues or broken bones, a worker whose company doesn't keep them safe should seek legal representation in the wake of an accident.






11/21/11--05:59: Remington Faces Massive Fines for Unsafe Work Environment (chan 2538802)

Every employee is entitled to work in a safe environment. This means that there shouldn't be hazards that can cause life-threatening accidents or even slip-and-fall accidents in Miami.

Construction sites, for instance, are constantly being cited for violations of federal law. These workplaces have obvious inherent dangers, including those associated with operating or working around cranes and other heavy machinery. Workers are also asked to perform at a quick rate, as construction projects that are completed quicker, ahead of schedule, can be rewarded with bonuses.

But despite this environment, management isn't allowed to forgo federal laws in order to make the company more profitable. When this happens, people's health and safety could be at risk. In a recent case out of New York for example, famous gun company Remington faces major fines for alleged major violations.

In cases where people are injured at work, workers' compensation laws are designed to help them. But they are complex and businesses often fight claims in order to save money. Hiring an experienced Miami workers' compensation lawyer to investigate these claims is critical.

According to an article by The Post-Standard in Syracuse, New York, the famous arms company was recently fined by federal investigators for 35 "serious violations of workplace safety and health standards" alleged by OSHA.

OSHA is the Occupational Safety and Health Administration, a federal organization designed to inspect work sites and companies to ensure they are up to code on heath and safety standards.

According to the news article, the gun company's manufacturing site had several violations that could cause the following:




• Electrocution


• Burns


• Falls


• Lacerations


• Amputation


• Crushing


• Stuck-by Injuries


• Exposure to Hazardous Substances




The federal organization's inspectors said they found lead and cadmium on surfaces throughout the plant; food and beverages were stored at cadmium-contaminated work stations; training about those substances is lacking; and substances and chemicals that are required to be labeled were not.

These types of violations can occur at any workplace, as poor training and a lack of priority from management can lead to conditions that can be hazardous. These violations can range from problems that can cause falls as well as health issues when chemicals are involved.

Since Remington creates guns for consumer use, the military and police, as well as hunting gear, its workers must be well-trained to handle adverse situations. And bosses must do their best to ensure they lead by example.

According to the news article, the inspection was a regularly scheduled visit and not because any worker had been injured on the job. Every business is subjected to regular visits, but higher-risk workplaces are more prone to inspections. These violations can happen in any office, factory or work site. Employees should be able to work at a safe place, free from hazards that could get them sick or injured.






12/01/11--05:56: SeaWorld Hearing Ends, But Decision in Miami Workers' Compensation Case Won't Be Settled For Months (chan 2538802)

Many remember the horrible incident last February when a SeaWorld trainer was killed when a killer whale attacked her inside the six-ton mammal's pool.

The Orlando Sentinel reports that a recent hearing involving the federal Occupational Safety and Health Administration (OSHA), SeaWorld and a judge ended, but officials still haven't come to a decision about whether the amusement park's killer whale program is safe.

The judge will be in charge of deciding if a citation issued by OSHA should stand. The meeting included two weeks of testimony from officials and witnesses about the program. A ruling against the amusement park could severely change the industry.

Whether working with dangerous animals, dangerous equipment or just in a normal office setting, people can get injured. And this can result in workers' compensation claims in Miami. A skilled Miami workers' compensation lawyer can help if you are injured on the job.

This can include not only in-office issues, but also if a person gets into a vehicle accident while traveling for work. There are many instances in which a person can be eligible for workers' compensation based on an injury at work.

The Orlando Sentinel reports that OSHA officials have recommended that trainers never be allowed to be in close contact with killer whales unless they are shielded or have some type of mechanism for keeping them separated.

Once written transcripts are prepared and delivered to the organizations, the judge expects to give each side 45 days so they can make final arguments regarding the situation.

The federal agency has said SeaWorld committed a "willful" violation of safety, its most severe classification of violations, for not protecting trainers who work with the massive killer whales. These mammals by their very name and nature are predatory. The amusement park's world-famous killer whale shows could be changed forever if the trainers are no longer permitted to be close to the whales.

SeaWorld officials argued that preventing trainers from having close contact with killer whales would not only hamper the animal's ability to perform, but also wouldn't allow trainers to detect illnesses as early if they aren't working closely with them.
Trainers obtain urine samples, artificially inseminate females, take blood samples and do other health-related tasks. Officials testified that not allowing close contact would also harm the whales. Additionally, not having close contact with the whales could harm trainers if the animals lose familiarity, an expert testified.

OSHA countered that trainers haven't spent time in the water with killer whales since the trainer's death in February, nearly a year ago.

While this is a specialized situation, health hazards are present in every work field. People can be injured or killed in any setting and they must be protected by their employers. Workers' compensation in Miami is designed to ensure workers get the care they need if there is a problem caused by their company.

If you are injured on the job, don't suffer. You have rights. Call an aggressive Miami workers' compensation lawyer to help you today.






12/08/11--07:16: Miami Construction Scene Shooting Could Lead to Workers' Compensation Claim (chan 2538802)

When most people think about workers' compensation in Miami, they probably think of a person having to be rushed to the hospital after a bad accident.

For example, perhaps it's because of large machinery and poor training by employees and workers that lead to a disaster, or maybe they are not paying careful attention to dangerous and flammable liquids that can cause disaster.

But our Miami workers' compensation lawyers understand that workers' compensation claims can also apply to workplace violence outbreaks. If a co-worker comes in and starts firing shots or workers get into a fight, it's possible to be compensated for injuries if the work environment wasn't kept safe.

In situations where there is a death, it may be possible for survivors to be compensated for the loss of their loved one. This situation was brought to light recently after a man was allegedly shot by his co-worker, The Miami Herald reports.

A 48-year-old man is charged with manslaughter after police said he shot his 58-year-old co-worker in the chest at a construction site in Miami. According to the newspaper, both men worked for Horizon Contractors Inc.

According to court records, the two men were horsing around when the victim allegedly started swinging a knife at the man. The suspect then grabbed a gun and shot the knife-wielding co-worker, killing him.

Police said the man "removed the magazine from the gun," but told them he believed the gun was empty. The shooting happened one recent Monday around 9:15 a.m. The two men were in an empty lot that was undergoing construction.

The victim was taken to a local hospital, where he was later pronounced dead. The suspect was charged and released on bond the following day, according to the newspaper.

It's unclear if there were any security procedures put in place to prevent such an example of workplace violence from occurring. The news report also doesn't give the public many details about whether anyone else saw the incident or if there were others around at the time.

It also doesn't bode well for the company that two grown men were allowed to "horse around" while at work. Since the company hasn't commented publicly, it's unknown what type of supervision was on-site at the time.

When people are injured at work, it throws their whole world upside down. If the injury is so severe they are unable to continue working, they have a sense of panic and wonder what may happen to them.

In ultra-competitive fields, such as construction where many people are able and willing to work, sustaining a major injury can be career-changing. But Miami workers' compensation lawyers are available to give you sound legal advice about your options and help you get reimbursed if the injury happened while you were working. This protection often extends to duties that require travel, slips and falls in the office or other injuries that require care from a physician or medical professional.