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What is a Fraud or Financial Crime and Do I Need an Attorney?


If you are under investigation or have been arrested for fraud or financial crime you may need to hire an experienced criminal defense attorney.

Fraud and financial crimes are a form of theft that occur when a person takes money or property with the intent to gain a benefit from it. Fraud and financial crimes usually involve some kind of deceit or the abuse of a position of trust.

Many fraud and financial crimes are state crimes that are prosecuted at the state level. However, some fraud and financial crimes involve state and federal violations and can be prosecuted at the federal level. Some fraud and financial crimes are federal crimes that are only prosecuted in federal court.

If you are being investigated for fraud or financial crime you may want an attorney with state and federal experience with you during questioning. If you have been charged with a fraud or financial crime you will need an attorney with state and federal experience in order to negociate with the government or take the case to trial if necessary. An experienced criminal defense lawyer can help you determine the best defense. Some of these fraud and financial crimes are:

  • Fraud, Conspiracy to Commit Fraud and Scheme to Defraud;
  • Employee Theft or Embezzlement;
  • Credit Card Fraud and Identity Theft;
  • Securities Fraud, Telemarketing Fraud, Investment Schemes, Ponzi Schemes;
  • Bank Fraud, Forgery, Mail Fraud, and Money Laundering;
  • Insurance Fraud, Staged Accidents, False Insurance Claims, and Arson;
  • Mortgage Fraud, False Information on Mortgage Documents;
  • Health Care Fraud, Fraudulent Billing, Medicare, and Medicaid Theft or Fraud.

Fraud, Conspiracy to Commit Fraud and Scheme to Defraud

Fraud is the use of deception for monetary gain and always includes a false statement, misrepresentation or deceitful conduct. The main elements of fraud are a misrepresentation with the knowledge that it is false, to a victim who relies on the misrepresentation and who suffers actual loss as a result. For example, it may be fraud if a land developer misrepresents real estate as waterfront property knowing that it is actually a swamp, and a victim purchases the property and suffers a loss.

Employee Theft or Embezzlement

The crime of embezzlement happens when a person has lawful possession of another person’s property, takes that property for his own, and has no intention of giving it back. For example, it may be theft or embezzlement if an employee who is authorized to pay the company’s bills writes a company check to buy themselves a new car without authorization.

Credit Card Fraud and Identity Theft

Credit card fraud is a form of identity theft that involves the unauthorized taking of someone’s credit card information for the purpose of charging purchases to the account or removing funds from it. Credit card fraud can be committed when a person fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else’s credit card or card information. For example, it may be credit card fraud and identity theft if someone opens a new account with stolen identification and makes purchases using the card.

Securities Fraud, Telemarketing Fraud, Investment Schemes, Ponzi Schemes

Securities fraud occurs when someone makes a false statement about a company or the value of its stock, and others make financial decisions based on false information. Telemarketing fraud is where someone calls the victim, makes a false statement, and the misrepresentation causes the victim to give money or sensitive information to the caller. A Ponzi scheme is an investment fraud that pays existing investors with funds collected from new investors. Organizers of this type of fraud promise to invest the money and generate high returns for investors. The organizers do not invest the money, they keep some of it for themselves and pay early investors with the rest.

Bank Fraud, Forgery, Mail Fraud, and Money Laundering

Bank fraud or mortgage fraud includes various illegal schemes involving some type of misrepresentation on banking or mortgage documents. Mail fraud is the use of the U.S. Postal Service or a private interstate carrier to commit a crime of deceit. Money laundering statutes make it a crime to transfer money derived from almost any criminal activity into seemingly legitimate channels, in an attempt to disguise the origin of the funds.

Insurance Fraud, Staged Accidents, False Insurance Claims, and Arson

Insurance fraud is any act committed to defraud an insurance company. This occurs when a claimant attempts to obtain some benefit they are not entitled to by staging an accident, filing a false claim, or committing arson.

Mortgage Fraud, False Information on Mortgage Documents

Mortgage fraud is an illegal scheme involving misrepresentation on mortgage documents when a home buyer, mortgage broker or real estate agent submits fake or false documents to obtain a loan.

Health Care Fraud, Fraudulent Billing, Medicare, and Medicaid Theft or Fraud

Health care fraud includes billing for services that were never rendered, billing for more expensive services or procedures than were actually provided or performed, performing medically unnecessary services solely for the purpose of generating insurance payments, misrepresenting non-covered treatments as medically necessary covered treatments for purposes of obtaining insurance payments, and falsifying a patient’s diagnosis to justify tests, surgeries or other procedures that aren’t medically necessary.

Should I Contact a Fraud and Financial Crime Defense Attorney?

If you are under investigation or have been arrested for fraud or financial crime it is important to speak with an experienced criminal defense lawyer. A criminal defense attorney can help level the playing field, protect your rights and see that you get a fair shake. Not every attorney has the qualifications and experience to handle a fraud or financial crimes case.

If you or a loved one need legal assistance with fraud or financial crimes case call Tampa Criminal Defense Attorney Daniel J. Fernandez of Fernandez & Hernandez at 813 229-5353.

Daniel J. Fernandez

Daniel J. Fernandez

Daniel J. Fernandez defends individuals charged with a misdemeanor and felony criminal offenses throughout the Tampa Bay area and the State of Florida. With more than 30 years of experience as a criminal defense attorney and hundreds of jury trials, Daniel earned tremendous accolades from judges, other lawyers, defendants, and even jurors. Daniel started his legal career as a state prosecutor and became the chief of the Narcotics division before opening his own law practice in 1985.

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Recent Reviews

Daniel J. Fernandez, Esq.
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Amy Brennan
Amy Brennan
19:49 13 Jan 20
Mr. Daniel Fernandez and his staff treated me like a family member from the moment I walked into his office. He and... his staff are knowledgeable, diligent, attentive, and effective. They immediately went to work and didn't stop until they obtained the absolute best results for my case. From the moment Danny became my attorney, I felt at ease and knew that I was being represented by the best there is. I'm eternally grateful for all he and his staff have done for me. He is a true professional and an amazing advocate for your legal more
Irene Meadows
Irene Meadows
21:56 11 Dec 19
If you need an attorney who is compassionate, knowledgeable and will be there every step of the way for you and your... family during a difficult and challenging time in your life, you have made the right decision with Daniel Fernandez and his staff. Mr. Daniel Fernandez and his staff treat you like a member of their family. My husband and I would highly recommend you contact the law office of Daniel J. Fernandez. You will be glad you more
A Google User
A Google User
14:27 11 Dec 19
Great Experience, attorney Daniel J Fernandez was extremely kind, and explained everything in great detail. The staff... at the office was excellent! Great experience would recommend the attorney to more
Luella Nelson
Luella Nelson
23:30 10 Dec 19
Attorney Daniel Fernandez My daughter was facing a few issues that was going to effect her for a very long time. I did... not know which direction to turn or what to do. I googled 5 star attorney's and Mr. Fernandez's name displayed. I called his office and spoke to his paralegal Austin. He was very kind, understanding and gave me peace of mind just by speaking to me. I then met Mr. Fernandez shortly thereafter. This Attorney is very kind, compassionate, understanding and truly cares about his clients. His proven results were simply phenomenal. He basically saved my daughter from going away for a very long time instead she is going to receive some medical treatment and soon released with a short period of supervision. Afterwards Mr. Fernandez sat down with me and explained the out come and also has a plan for her moving forward. I know that each situation is different however this attorney not only has proven results he cares and looks for cures for his clients. If your in need of an attorney for any situation I suggest that you call Attorney Daniel Fernandez. I assure you that you will not be disappointed. -----Original Message-----read more
Joe Blanco
Joe Blanco
01:48 07 Dec 19
Daniel Fernandez is by far the best criminal defense attorney in the Tampa Bay area. I have used Mr. Fernandez for... several years to help my son with several issues he has faced. He compassionate, informative, and reliable. If you are in need of a criminal defense lawyer I highly recommend you to hire Mr. Fernandezread more
Anjeanette Blanco
Anjeanette Blanco
22:37 06 Dec 19
Daniel J. Fernandez has been my lawyer for 25 years and he is amazing! He is always available when needed and goes... above beyond. His entire office staff is always friendly and helpful. I highly recommend Mr. more
Nicole Tarantelli
Nicole Tarantelli
17:36 02 Dec 19
I am so pleased with the experience I had with everyone in their office. The service was excellent! Everyone was kind... and patient. I mostly dealt with Austin. He did everything he said and always returned my calls the same day. I am incredibly grateful for all the hard work!read more
Cheryl Stinson
Cheryl Stinson
14:41 22 Nov 19
Daniel Fernandez represented us in a violation of probation in dade city'. He did a great job. Judge was going to... sentence my friend to one year in jail .Mr. Fernandez argued for 60 days and hot the court down to 70 days .thank you for your help Mr.Fernandezread more
gilbert Lozada
gilbert Lozada
18:23 01 Nov 19
Great work Mr. Daniel J Fernandez he is very knowledgeable as a defense attorney I will Highly recommended his services... to anyone.Thank youread more
stephanie santiago
stephanie santiago
18:13 21 Oct 19
Im so pleased with Daniel Fernandez. He was able to get my husbands case to go better than what we thought it was.... Thank you so muchread more
Jose Rodriguez
Jose Rodriguez
13:39 25 Sep 19
I don't have enough words to describe how amazing the experience with attorney Fernandez was. I could not have asked... for better services. Attorney Fernandez was very professional throughout the legal process which resulted in a positive outcome. Thank you again attorney Fernandez for giving my family and me peace of more
Genesis Padilla
Genesis Padilla
04:22 12 Sep 19
Mr. Fernandez was absolutely amazing with our family’s case. Very genuine and intelligent. Austin was a pleasure to... work with as well. We had a great experience overall, we were blown away by what he was able to accomplish so more
Alex Gomez
Alex Gomez
15:13 14 Aug 19
I'm very satisfied with the services provided from Mr. Daniel J Fernandez. I was in a bad situation and contacted his... firm. They were very professional and informative. They're very knowledgeable in the law and great at what they do. I would recommend them to everyone I know without hesitation. Mr. Fernandez and his firm are the real deal. Once again thank more
D Serano
D Serano
01:21 18 Jul 19
Daniel Fernandez is an amazing lawyer! I have used a few times for a family member and I highly recommend! He knows... his stuff, hes aggressive, a fighter, not afraid to try any case that comes his way!! He is honest and let’s you know what to expect from the moment you hire and until the case in closed!read more
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