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White Collar Crime Defense

Miami White Collar CrimeDefense Attorney

Federal white collar investigations move through three distinct phases: subpoena, target letter, and indictment. The defense window is widest at the start, and narrowest after charges are filed.

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Pre-indictment representation is the high-leverage moment. A subpoena duces tecum, target letter from the U.S. Attorney's Office, or grand jury notice means the investigation is real and the response window is narrow.
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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
White Collar Investigation Structure

Three Layers of Economic-Crime Exposure

White collar cases rarely involve a single charge or a single agency. They typically combine federal investigation, parallel civil exposure, and substantial collateral consequences. The defense work has to address all three layers from day one.

01

Federal Criminal Investigation

Wire fraud, mail fraud, securities fraud, healthcare fraud, money laundering, tax evasion, conspiracy. Often investigated by FBI, IRS-CI, SEC, HHS-OIG, or other federal agencies before charges.

02

Parallel Civil Proceedings

SEC enforcement actions, civil forfeiture, qui tam suits, regulatory penalties, and civil recovery actions can run alongside the criminal case. Statements in one can affect the other.

03

Professional and Licensing Exposure

Bar admissions, medical licenses, FINRA registrations, accounting credentials, and federal contracting status can be affected even before a conviction. Each carries its own reporting and defense process.

Federal Investigation Timeline

The Three Phases of a White Collar Investigation

Federal white collar investigations move through three identifiable phases. The defense window is widest at the start, and narrowest once an indictment is returned. Knowing where you are in the process determines what defense work is possible.

01
Investigation Begins

Subpoena

Grand jury subpoena duces tecum for records, or subpoena to testify. The investigation is active. Document review and privilege analysis start immediately.

02
Target Identified

Target Letter

The U.S. Attorney's Office identifies the recipient as a target of the grand jury investigation. This is the highest-leverage defense window.

03
Charges Filed

Indictment

Grand jury returns an indictment. The case moves to U.S. District Court. The defense pivots from investigation strategy to litigation strategy.

Federal White Collar Penalty Framework

Penalties Under Federal White Collar Statutes

Federal white collar charges carry exposure that scales with loss amount, role, and number of victims under the U.S. Sentencing Guidelines. State charges may run alongside.

Charge
Classification
Prison Exposure
Statute
Wire FraudInterstate wire communications
Federal felony
Up to 20 years Per Count
18 U.S.C. § 1343
Mail FraudUse of U.S. mail or commercial carrier
Federal felony
Up to 20 years Per Count
18 U.S.C. § 1341
Bank FraudScheme to defraud financial institution
Federal felony
Up to 30 years
18 U.S.C. § 1344
Securities FraudMaterial misrepresentation in securities
Federal felony
Up to 25 years
18 U.S.C. § 1348
Healthcare FraudFederal healthcare program fraud
Federal felony
Up to 10 years Death: Life
18 U.S.C. § 1347
Money LaunderingConcealing proceeds of crime
Federal felony
Up to 20 years
18 U.S.C. § 1956
Tax EvasionWillful evasion of federal tax
Federal felony
Up to 5 years
26 U.S.C. § 7201
ConspiracyFederal conspiracy to defraud
Federal felony
Up to 5 years
18 U.S.C. § 371

Summary of select federal white collar statutes. Not legal advice. Federal sentencing under the U.S. Sentencing Guidelines is calculated by loss amount, role, victims, and other factors. Federal sentences run at 85% time served with no parole. Specific exposure varies by count, conduct, and offense level calculation.

Defense Approach

How a White Collar Case Gets Defended

Most white collar cases are not won at trial. They are resolved earlier, through pre-indictment negotiation, declination by the U.S. Attorney's Office, deferred prosecution agreements, charge reductions, or favorable plea positioning. The defense work that gets to those outcomes happens in four areas.

Records and document review. White collar prosecutions are built on documents: emails, contracts, ledgers, tax returns, banking records, audit reports, regulatory filings. The volume can be substantial. Privilege review, work-product protection, and a careful understanding of what the records actually show, in context, is foundational. The narrative the prosecution proposes from selected documents is rarely the only narrative those documents support.

Intent and the elements of the offense. Federal white collar statutes require specific intent. Wire and mail fraud require intent to defraud plus a material misrepresentation. Tax evasion requires willfulness. Money laundering requires knowledge that funds were proceeds of unlawful activity. Honest mistake, good-faith reliance on counsel or accountants, ambiguity in the underlying conduct, and lack of mens rea are all viable defenses on the right facts.

Sentencing Guidelines and loss calculation. Federal sentencing is driven by the U.S. Sentencing Guidelines, and in white collar cases the offense level is largely controlled by loss amount under USSG § 2B1.1. Disputing how loss is calculated, contesting attributable conduct, challenging victim count enhancements, and arguing for downward departures or variances can move sentencing exposure substantially. The same conduct can produce a 24-month or a 96-month guideline depending on the loss calculation.

What to do when an investigation surfaces. Do not respond to a subpoena, target letter, or agent contact alone. Do not destroy or delete records, including drafts and old emails; obstruction and spoliation expand exposure. Preserve communications, including with lawyers and accountants. Stay off social media and stop discussing the matter informally. Engage federal-experienced counsel before responding to anything. Pre-indictment representation is when the case can be reshaped or even prevented from being charged.

Common Questions

Frequently Asked Questions

What is a target letter?+
A target letter is a written notice from the U.S. Attorney's Office identifying the recipient as a target of a federal grand jury investigation. It typically states that the prosecutor's office has substantial evidence linking the recipient to a federal crime. Receiving a target letter is a serious development and represents the highest-leverage moment for pre-indictment defense work. Engaging counsel before responding is critical.
Are white collar cases always federal?+
No. Some white collar matters are charged in Florida state court under state fraud, theft, or communications fraud statutes. Most significant economic-crime cases involving interstate elements, federal agencies, banks, federal healthcare programs, or securities are charged federally. The choice of forum substantially affects exposure, sentencing, and defense strategy.
Can a federal investigation be resolved before charges are filed?+
Sometimes, yes. Pre-indictment representation can lead to declination by the U.S. Attorney's Office, deferred prosecution agreements, non-prosecution agreements, or significant narrowing of charges. The opportunity is highest before indictment and shrinks after charges are returned. The earlier counsel is engaged, the more this avenue remains viable.
What is loss calculation under the Sentencing Guidelines?+
Federal sentencing for white collar offenses under USSG § 2B1.1 is largely driven by the dollar amount of loss attributable to the defendant. Loss includes actual loss and intended loss, and the offense level rises as loss climbs. Disputing loss attribution, challenging intended loss, and arguing for credits and offsets can substantially reduce the guideline range. Two cases with identical conduct can produce very different sentences depending on loss calculation.
Should I respond to a federal subpoena on my own?+
No. A federal subpoena, especially a grand jury subpoena duces tecum, requires careful handling: privilege review, scope objections, document preservation, and legal hold protocols. Producing documents without counsel can waive privilege, expand exposure, and create new charges (obstruction, false statements). Counsel should be engaged before any response is made.
What is parallel civil and criminal exposure?+
Many white collar cases involve simultaneous civil and criminal proceedings. The SEC may bring an enforcement action while DOJ brings criminal charges. Civil forfeiture may run parallel. Qui tam (whistleblower) suits can trigger criminal investigations. Statements made in one proceeding can be used in the other. Coordinated defense across both tracks is essential.
What is a deferred prosecution agreement?+
A deferred prosecution agreement (DPA) is a negotiated resolution where the U.S. Attorney's Office agrees to defer prosecution in exchange for the target's compliance with specified conditions: cooperation, restitution, compliance reforms, monitorship. If conditions are met, charges are dismissed. DPAs are more common with corporate defendants but can be available to individuals on the right facts.
Will a white collar conviction affect professional licenses?+
Often, yes. Bar admissions, medical licenses, FINRA registrations, CPA credentials, real estate licenses, and federal contracting status all have reporting requirements and disciplinary processes triggered by criminal conduct, sometimes even at the investigation stage. Coordinated defense should account for licensing exposure from the start.
Can a white collar conviction be sealed or expunged?+
Federal convictions generally cannot be sealed or expunged under federal law, with very limited exceptions. State white collar convictions may be eligible for sealing or expungement under Florida law depending on the specific charge and how the case resolved. Avoiding a conviction in the first place, through pre-indictment work or favorable disposition, is the most reliable path to record protection.
Do you handle white collar cases outside Miami?+
Yes. The firm represents clients across Miami-Dade County and throughout South Florida. Federal white collar cases are handled in the Southern and Middle Districts of Florida.
Related Defense Areas

Related Criminal Matters

White collar matters frequently overlap with other charges and post-resolution concerns. Each related area carries its own defense framework.

Federal Crimes

White collar cases are most often federal. Federal practice rules, U.S. Sentencing Guidelines, and the U.S. Attorney's Office process all differ from state.

Learn More →

Theft & Fraud

State theft and fraud cases share substantial overlap with white collar work. Embezzlement, communications fraud, and financial crime cases often combine both.

Learn More →

General Criminal Defense

For cases that mix economic-crime allegations with other charges, or are still developing across multiple investigation tracks.

Learn More →

Expungement & Record Sealing

Post-resolution record protection is critical for white collar clients facing professional licensing, FINRA reporting, and federal contracting consequences.

Learn More →
Speak With Andre

Direct attorney access at (305) 774-7000

Federal white collar investigations are widest at the start. Pre-indictment representation can shape charging decisions, declination, and the trajectory of the entire case.

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