White Collar Crime

Published on: July 21, 2015

Illinois Man Accused of Using Fake Credit Cards in Boca Raton

by Whittel & Melton, LLC

An Illinois man is accused of trying to use a fake debit card at a SunTrust bank, according to Boca Raton police.

An email was apparently sent to bank employees warning them of the 23-year-old man after he allegedly attempted to use the card at other branches, according to a Boca Raton police arrest report.

Reports indicate that a card scanner was placed at the back of the bank, so when the man tried to add more than $1,000 on one of his fake debit cards, an employee could easily call police.

The alleged attempted transaction happened at 11:46 a.m. on Thursday when a teller at a SunTrust Bank reported that the man was in the lobby of the bank trying to use one of the fake debit cards.

The teller had already received several emails from other SunTrust banks, warning her that a man was trying to use fake debit cards at other banks.

The teller told the man there was insufficient funds and they couldn’t give him the money, according to reports. When an officer arrived, she claims the man was walking through the bank’s parking lot and she stopped him for questioning.

The teller told the officer that the man came to her window and handed her a NetSpend Visa debit card and asked for a cash advance on the card of more than $1,000.

A detective apparently called a NetSpend representative who said the numbers didn’t match any of their cards.

The officer who questioned the man said he told her he got the card in Chicago.

Police allege that the NetSpend card had information stolen from a woman in Utah. Police also claim they also uncovered a Visa NASCAR debit card in the man’s car with information belonging to a person in Texas, according to the report.

The man faces charges of fraud, grand theft, possession of counterfeit credit cards, and forgery of credit cards. He is being held in the Palm Beach County Jail on $30,000 bail.

A Counterfeit is a copy or replica of an item, usually legal tender or currency, but can also be associated with clothing, software or other tangible goods. Additionally, counterfeiting may be used in the commission of credit card fraud. This occurs when credit cards are recreated or copied in order to make fraudulent or unauthorized charges. Counterfeiting is considered a white collar crime in which an individual or organization will create counterfeit items, usually with the intention of selling these or passing them off as originals. When it comes to money, a conviction for counterfeiting can result in a prison sentence of up to 15 years, along with hefty fines. Counterfeiting charges are aggressively prosecuted by federal prosecutors.

Published on: July 15, 2015

Pasco County Doctor, Office Manager Accused of Medicaid Fraud

by Whittel & Melton, LLC

A Wesley Chapel doctor and his office manager are accused of defrauding the Florida Medicaid program out of more than $100,000.

The male doctor and his office manager, who is also his ex-wife, were arrested Wednesday. Investigators allege the pair billed the Florida Medicaid program for services that were never performed.

The man is an ear, nose and throat specialist. The officer manager’s arrest report lists her as a registered nurse at Moffitt Cancer Center.

Both are facing one count each of Medicaid provider fraud, one count of first-degree scheming to defraud and one count of second-degree criminal use of personal identification information.

If they are convicted, they face up to 30 years in prison. They could also be ordered to pay more than $100,000 in restitution.

The case will be prosecuted by Attorney General Pam Bondi’s Office of Statewide Prosecution.

Medicaid is a federal and state cost-sharing program that provides healthcare to people who are unable to pay for such care. Medicaid Fraud usually targets the providers of services who accept Medicaid and can be prosecuted on the State or Federal jurisdictions.

Common examples of Medicaid fraud can include:

Phantom Billing: Billing for medical services not actually performed
Upcoding: Billing for a more costly service than was actually rendered or Billing for sessions that are longer than what was actually performed
Unbundling: Billing for multiple services that should be combined into one billing
Billing twice for the same medical service
Dispensing generic drugs and billing for brand-name drugs
Kickback: Accepting something in return for medical services
Bribery
Providing unnecessary services
False cost reports
Embezzlement of recipient funds

Published on: May 27, 2015

FBI Arrests Miami Springs Police Sergeant Over Alleged Involvement in Drug Deal

by Whittel & Melton, LLC

On Tuesday the FBI arrested Miami Springs Police Sgt. Andres Quintanilla, a 16-year veteran of the force, on a federal corruption charge.

The 33-year-old was charged with “attempting to affect commerce by extortion under color of official right,’’ according to the U.S. Attorney’s Office for the Southern District of Florida.

According to the federal complaint, a confidential FBI source claims he told Quintanilla in September 2014 that he was a drug trafficker. The complaint goes on to allege that instead of arresting the source, Quintanilla “offered to help the [informant’s] drug trafficking business.’’

Quintanilla allegedly provided the location of an undercover police narcotics office, gave the source the names of three Miami-Dade police officers and ran the name of a purported drug dealer in a law enforcement database when asked to do so by the source, according to the complaint.

The complaint states that by December 2014, Quintanilla had agreed to act as an escort during a purported 10 kilogram cocaine deal. Quintanilla is also accused of choosing a safe location in Miami Springs where the source could exchange 10 kilograms of cocaine for $250,000.

After the alleged deal took place, Quintanilla then apparently followed the source while wearing his uniform and driving his MSPD marked vehicle to an express package service center, where Quintanilla was under the impression that the source would ship the $250,000 of drug proceeds to New York, according to the complaint.

In exchange for his assistance, Quintanilla allegedly accepted $3,500 in bribe payments from the source.

In a press release issued Tuesday night, the Miami Springs Police Chief stated, “As a result of the charges filed against Quintanilla, he has now been relieved of duty without pay pending the results of the criminal case in the U.S. federal court.”

If convicted, Quintanilla, who started with the Springs police department as a public service aide in 1999 when he was 17, faces up to 20 years in federal prison.

Federal corruption charges usually refer to any illegal activity conducted by public officials. Public officials, politicians, as well as the business executives who regularly deal with them are all at risk of being investigated for or charged with violations of federal corruption. Taking bribes, facilitating a crime by another and threatening punishment if certain services are not provided are all examples of actions that could result in a charge of corruption. Extortion and bribery are common charges that fall under the category of federal corruption.

Published on: April 27, 2015

Loretta Lynch Announced by Senate as Attorney General

by Whittel & Melton, LLC

Loretta E. Lynch was announced as the new U.S. attorney general Thursday, with the Senate voting 56 to 43 to confirm the veteran New York prosecutor five months after President Obama submitted her nomination to Congress.

According to the Justice Department, Lynch is expected to be sworn in as the nation’s 83rd attorney general Monday.

Obama released a statement saying that “America will be better off” with Lynch in charge of the Justice Department. “She will bring to bear her experience as a tough, independent, and well-respected prosecutor on key, bipartisan priorities like criminal justice reform,” he said.

Lynch is the first African American woman to be nominated for the post, which has taken on a much higher profile than in the past due to the leading role the Justice Department has recently played in the debate over race and policing across the country.

The time Lynch had to wait between nomination and confirmation was the longest for an attorney general nominee in 31 years. With it all said and done, the confirmation vote margin was wider than expected: Ten Republicans joined the Senate’s 44 Democrats and two independents in supporting Lynch. Forty-three senators, all Republicans, were opposed.

Attorney General Eric H. Holder Jr., stepping down after more than six years, said Lynch would be “an outstanding attorney general, a dedicated guardian of the Constitution, and a devoted champion of all those whom the law protects and empowers.”

Obama called the slow and final vote to confirm Lynch as “embarrassing” last week.

Obama nominated Lynch, 55, in November to replace Holder. The Senate, then under Democratic control, did not act on the nomination. Rather, they chose to spend time in the lame-duck session on judicial appointments that party leaders believed would stall in a Republican-controlled Senate.

The thinking was that a Republican Senate would not take its time in confirming a replacement for Holder, a frequent target of Republican enmity. However, that was not the case, especially after Lynch became involved in a deep partisan rift over Obama’s immigration policy.

During questioning before the Senate Judiciary Committee in late January, Lynch said she believed Obama’s executive actions on immigration last year passed legal and constitutional muster, angering Republicans who considered them an overreach.

Republicans reactions to this was that Lynch was publicly committed to denigrating Congress, and that they could expect to see a great abuse of power by her.

After the January hearing, it took nearly a month for the panel to advance Lynch’s nomination, and then the nomination became caught up in an unrelated political dispute over a bill to combat sex trafficking.

Last week President Obama released this statement: “It’s gone too far. Enough. Enough. Call Loretta Lynch for a vote. Get her confirmed. Put her in place. Let her do her job.”

On Thursday, senators voted on final confirmation around 2 p.m.

The Senate voted 56–43 in favor of Lynch, approving her with help of 10 Republican senators, including Sens. Kelly Ayotte (N.H.), Thad Cochran (Miss.), Susan Collins (Maine), Jeff Flake (Ariz.), Lindsey Graham (S.C.), Orrin Hatch (Utah), Ron Johnson (Wis.), Mark Kirk (Ill.), Rob Portman (R-Ohio) and Senate Majority Leader Mitch McConnell (R-Ky.).

Published on: October 29, 2014

South Florida Man Receives 2 Years in Prison for Unemployment Fraud

by Whittel & Melton, LLC

A South Florida man has been sentenced to nearly two years in federal prison for stealing thousands of dollars in state unemployment insurance.

A federal judge also ordered the 24-year-old Miami man to pay more than $60,000 in restitution last week.

Earlier this year, the man pleaded guilty to aggravated identity theft and other charges.

According to court records, the man used computers at his home to access 188 fraudulent unemployment claims. He apparently was able to obtain payments on 23 of those claims for a total of $60,400.

The money was deposited into various bank accounts controlled by the man.

Bank cameras apparently recorded the man taking money out of those accounts.

Florida state law provides for strict rules and procedures when it comes to an individual’s ability to obtain unemployment benefits. What this also means is that state prosecutors are quick to jump the gun when they suspect someone is taking advantage of the system. Because prosecutors are prompt when it come to pressing criminal charges the outcomes can often result in false allegations, improper charges and poorly run investigations.

If you are accused of unemployment fraud, a Miami-Dade County White Collar Criminal Defense Lawyer at Whittel & Melton can help mitigate the damage. If convicted of unemployment fraud, you may be subject to jail time and be required to repay benefits obtained under false pretenses. Our criminal lawyers can put our skills to work for you and aggressively fight to keep you out of jail or possibly keep you free of a criminal record at all.

Published on: July 11, 2014

Former Prison Guard Pleads Guilty to Tax Fraud & Stealing Inmates’ Identities

by Whittel & Melton, LLC

A former correctional officer has pleaded guilty to committing tax fraud and using inmates’ identities.

According to investigators, the 26-year-old was working at the Zephyrhills Correctional Facility when he used Florida Department of Corrections databases to access the personal identifying information of inmates between January 2011 and May 2014.

The man allegedly used the information to file 182 fraudulent tax returns. Investigators claim the total amount of fraudulent funds requested in those returns is estimated to be more than $500,000.

Published on: April 29, 2014

Broward County Federal Criminal Defense Lawyer :: Fired BSO Cops Arrested, Facing Federal Charges for Alleged Involvement with Ponzi Schemer Scott Rothstein

by Whittel & Melton, LLC

Two fired Broward Sheriff’s deputies surrendered at the federal courthouse Monday where they faced charges alleging they abused their power as law enforcement agents in order to assist Ponzi schemer Scott Rothstein and his allies.

Prosecutors filed federal conspiracy charges against a former 48-year-old lieutenant from Boca Raton and a former 47-year-old detective from Weston on Friday. They were fired from their positions shortly after their arrests.

Prosecutors claim the former lieutenant accepted $185,000 worth of cash, gifts and other perks from Rothstein. They claim the man sent the former detective “to do his dirty work on the street.”

Published on: April 28, 2014

Gainesville Doctor Charged with 210 Federal Charges

by Whittel & Melton, LLC

A Gainesville doctor who was under federal investigation for years has been charged with 210 counts of health care fraud and money laundering.

The 57-year-old is accused of submitting fraudulent claims for needless tests, buying drugs from outside the U.S. that are not permitted for use here and providing those drugs to patients without their knowledge or consent, according to a news release from the U.S. Department of Justice.

The incidents allegedly occurred at a clinic she owned in Hawthorne from 1998 to 2009 and at a clinic on Northwest 16th Avenue in Gainesville from 2010 to 2013.

The woman surrendered on Tuesday and entered a plea of not guilty, according to reports. Her trial is scheduled for June 14.

The woman faces up to 10 years in prison for each of the health care fraud counts, up to three years for each of the Federal Drug Administration counts and up to 10 years on each of the money laundering counts.

Prosecutors allege that the woman submitted fraudulent claims to insurance companies for unnecessary medical procedures and services that were not actually performed or provided. According to reports, the claims were submitted to Medicare, Medicaid and Blue Cross Blue Shield of Florida.

The woman is accused of using some of the money from fraudulent claims to buy non-FDA-approved drugs and devices from outside the U.S., and submitted fraudulent claims for the dispensation of the drugs. Prosecutors also allege that she gave these drugs to patients without their knowledge.

Several state and federal agencies were involved in the investigation that led to the woman’s indictment.

The woman apparently closed her clinic in January 2013 because the investigation tarnished her reputation and wrecked her financially.

Reports indicate that the woman donated all of her medical equipment to a children’s hospital in Guatemala and has been volunteering for various local programs since her officer closed its doors.

If you are under investigation for federal health care fraud charges, you must take swift action and protect yourself by consulting with a federal criminal defense attorney as soon as possible. The sooner you enlist legal help, the more likely your lawyer can put a stop to further investigations and possibly prevent charges from ever being filed.

Health care fraud charges often arise from the following:

Medicaid and Medicare Fraud
Insurance Fraud
Kickbacks
Fraudulent Billing for Medical Services
Up-coding Medical Treatments or Services
Fraudulent Billing for Medications or Medical Equipment

A conviction for health care fraud carries extremely serious consequences. Not only do you face prison time and substantial fines, but you also risk losing everything you have worked so hard for, including any professional licenses or certifications that you hold as a medical provider.

Published on: April 23, 2014

Florida Shows Alleged Decrease in Crime in Broward and Palm Beach Counties

by Whittel & Melton, LLC

According to reports released by the Florida Department of Law Enforcement on Wednesday, crime in Broward and Palm Beach counties took a plunge in 2013 and stayed in line with the state’s total decrease in criminal offenses.

In its 2013 Annual Uniform Crime Report, the state agency concludes that criminal activity, ranging from rapes and murders to robberies and burglaries, have steadily dropped in Florida over the past five years.

The overall crime rate fell by about seven percent in Broward County. With that said, the report relays that there were 46 more forcible rapes in 2013 compared to 2012. The biggest category of crimes to drop was robberies, decreasing by about 13 percent.

In Palm Beach County, the overall crime rate plunged by about three percent in 2013. Conversely, there were nearly 100 more vehicle thefts than in 2012.

FDLE computed the same number of murders in 2012 and 2013 in both counties — 80 in Broward and 74 in Palm Beach.

When you are charged with a crime in Florida, the consequences can be devastating. Criminal charges have the ability to haunt you for the rest of your life, sometimes going as far as limiting your ability to find a job, own or rent a home and even maintain or build new relationships. Even if you do not serve any jail time, a criminal conviction can still negatively impact your life.

A criminal investigation can progress rather quickly. What you may think is nothing right now could lead to your arrest tomorrow. The sooner you involve a criminal lawyer with your charges, the better the outcome for you. A South Florida Criminal Defense Attorney at Whittel & Melton can thoroughly analyze every aspect of your case and begin evaluating possible defenses and strategies right away. From early on, we will look for ways to help you avoid a criminal conviction.

We handle all of the following types of criminal cases, including:

Sex offenses, including rape, child molestation, child pornography, prostitution, indecent exposure, child abuse and sexual assault
Drug crimes, including possession, sale, distribution, grow house and trafficking
Violent crimes, including kidnapping, burglary, assault, battery, robbery, domestic violence, murder, manslaughter and weapons charges
White Collar Crimes, such as Internet crimes, fraud, forgery, identity theft and RICO
Juvenile Offenses
DUI Charges, including DUI Manslaughter and DUI Serious Bodily Injury

Published on: March 27, 2014

Martin County Federal Crimes Defense Lawyer :: West Palm Woman Accused of Stealing 700 Identities

by Whittel & Melton, LLC

A West Palm Beach woman faces federal charges of identity theft and tax fraud after she allegedly stole personal information from more than 700 people.

The 39-year-old woman is accused of stealing personal information and storing it in a notebook that included names, dates of birth and Social Security numbers, according to the United States Attorney for the Southern District of Florida.

Investigators allege the woman may have used some of the names to get prescription drugs, according to federal court records.

The accused and two others were arrested in October 2012 for credit card fraud greater than $100 in Martin County. Police were notified after a shoplifting incident was reported at the Treasure Coast Mall.

Once detained, officers claim they uncovered notebooks filled with 726 names and Social Security numbers, most of which belonged to people in Boynton Beach and Delray Beach, 20 debit cards and an iPad, according to federal records.

According to IRS investigators, most of the names and account numbers the woman had in her possession were used to file fraudulent tax returns that sought tax refund payments to credit and debit cards.

The Martin County Sheriff’s Office referred the woman’s case to the IRS. Federal records indicate that the woman told federal investigators a man she knew had broken into a car on the day of her arrest, and stole credit cards and a gun.

The woman and the two men she was with are all convicted felons. According to Palm Beach County records, the woman pleaded guilty to felony battery in 2000 and 2004. She was also convicted of fraudulent use of a credit card in Palm Beach County in 2001.

She allegedly admitted to police that she and one of the men had broken into multiple cars and stolen credit cards. Police claim she told them she stole identification information to help others. She denied filing false tax returns.

However, investigators claim the woman filed false 2012 tax returns in early 2013 after her October 2012 arrest. Federal documents allege that the woman’s home contained additional names, information and letters from the IRS not addressed to her. Records indicate that the woman also had tax software on her computer with 2012 tax return information.

Investigators allege they found multiple returns that had been filed from the woman’s IP address.

The woman faces charges of unlawful possession of unauthorized access devices and five counts of aggravated identity theft. She faces 10 years in prison if convicted and is currently being held without bail.

If you have been charged with identity theft or any other related crimes, you must act fast and mount a hard-hitting, proactive defense. Make no mistake that the prosecution will be pushing hard for a conviction, and failing to address these charges early on could be the difference between a conviction and a successful outcome.

Due to the advances in technology and the Internet, identity theft has become a major criminal offense within the past few years. Often times these offenses cross state lines or are charged alongside with other serious criminal offenses, thus making them federal crimes. A Martin County Criminal Defense Attorney at Whittel & Melton knows the unique differences between state and federal criminal charges and can provide you with the strongest legal representation so that you can achieve an outcome that you can live with.