Local South Florida Attorney Office
Former Lead Attorney in the Broward County, Florida. Public Defenders Office
Former Lead Attorney in the specialized Domestic Violence Court in Florida.
Practicing Law for over 17 years in South Florida.
Admitted to practice in: All Florida & Tennessee State Courts
Member of the Florida & Tennessee Bar
Broward County Bar & American Trial Lawyers Association
Florida & Tennessee Association's of Criminal Defense Lawyers
Quick Links For Federal Law
Bank Fraud, Robbery Etc. || Custom Violations || Federal Drug Charges || Federal Forfeiture || Federal Grand Jury
Federal Property Offenses || Federal Health Care || Internet Fraud || White Collar Crime
Bank Robbery - Bank Fraud - Ebezzlement & More - Federal Criminal Defense
Title 18, Section 2113(a) of U.S. Code, describes Federal bank robbery as the following: "Whoever, by force and violence, or by intimidation, takes, or attempts to take, from the person or presence of another, or obtains or attempts to obtain by extortion any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association shall be fined under this title or imprisoned not more than twenty years, or both."
Like bank robbery, bank fraud is a crime for which the guilty party can be penalized with very harsh consequences.
Assuming a false identity
Bribery
Deceiving the bank
Check fraud
Forging signatures on checks
ATM fraud
Counterfeit checks
Embezzlement
Making a false statement for personal gain
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Custom Violations - Federal Criminal Defense
If you or your company has been charged with a U.S. customs violation, such as customs fraud, you should hire an experienced Attorney immediately. You, and perhaps your company or corporation, are facing extremely serious legal consequences if convicted of this Federal crime. You may have to pay a large monetary fine and/or serve a long prison sentence.
Title 18, Chapter 27 of the U.S. Code explains the crimes and criminal procedures involved with customs violations. U.S. Code Title 18, Chapter 27, Section 545, states that: Whoever knowingly and willfully, with intent to defraud the United States, smuggles, or clandestinely introduces or attempts to smuggle or clandestinely introduce into the United States any merchandise which should have been invoiced, or makes out or passes, or attempts to pass, through the customhouse any false, forged, or fraudulent invoice, or other document or paper;shall be fined under this title or imprisoned not more than five years, or both.
The following are a few examples of customs offenses:
Covering up or destroying proof of goods that have been imported into the U.S.
Exporting stolen vehicles or airplanes
Filing false claims for the payment of exported goods
Fraudulently affixing or removing a customs seal to items or goods
Importing stolen vehicles or airplanes
Smuggling goods into the U.S. or other countries
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Federal Drug Charges - Federal Criminal Defense
Are you charged with large-scale drug possession, drug trafficking, possession with intent to distribute, and conspiracy to import drugs. You need your Lawyer to ensure that the government agents follow all constitutional requirements in any search of your property, including canine (K-9) searches. The quantity and purpose of drug possession, such as possession for sale rather than possession for use, often determines the range of punishment. Our drug charges could include:
Club Drugs - MDMA (ecstasy), LSD, and GHB (date rape drug)
Cocaine and crack cocaine
Conspiracy
Drug cultivation and manufacturing
Drug trafficking, transportation, and importation
Heroin possession and sales
Marijuana possession and sales
Methamphetamine manufacturing and sales
Possession of chemicals for drug manufacturing
Possession with intent to deliver and drugs sales
False or forged prescriptions
Police sting operations
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Federal Forfeiture - Federal Criminal Defense
Under Federal Criminal Law, Asset forfeiture functions as a tax or penalty upon you when property becomes involved with alleged criminal activity. The government is legally entitled to seize such property under a mere suspicion of a connection to misconduct. Qualified counsel can assist by significantly improving the probability of recovering some or all of the value of the property seized.
There are numerous narcotics and non-narcotics federal criminal violations which permit asset forfeiture. Narcotics and money laundering charges are the most common bases to seize and forfeit your assets. However, there are other statutes that permit forfeiture. Mail and wire fraud that affects a financial institution, various environmental/hazardous waste violations, certain motor vehicle violations such as altering or removing a vehicle identification number, motor fuel excise tax violations, and many others are all federal predicates for civil and criminal forfeiture proceedings.
The federal government may bring two types of asset forfeiture proceedings - civil or criminal. There are also administrative forfeiture actions.
Federal civil forfeiture proceedings are actions brought directly against particular types of properties, such a parcels of real estate, boats, airplanes, stores, factories, inventory or any type of real or personal property. The actions are entitled "The United States of America v. One Parcel of Real Property Located at..." or a similar name. In general, to prevail in such an action, the government must show probable cause that the property facilitated, or was purchased by you with the proceeds of, specified unlawful activity. For you to prevail against the government, you, the owner of the property, or a claimant, must contest the government's showing of probable cause.
Administrative forfeiture proceedings are a type of civil forfeiture initiated and conducted by law enforcement agencies. Until an administrative forfeiture is contested, and sent to a U.S. Attorney for prosecution, the law enforcement agencies have great autonomy in handling administrative forfeitures.
In criminal forfeiture proceedings forfeiture is sought as part of a criminal proceeding against a particular person. Thus, unlike a federal civil forfeiture action, the criminal forfeiture proceeding is directly connected to a pending criminal prosecution.
Under civil or criminal law, in an asset forfeiture procedure, a claimant must prove that either he or she is an "innocent owner" or that the property was not involved in criminal activity. Generally, a claimant holding a financial interest in property sought to be seized must show that he or she did not know of any criminal activity relating to the property or that if the claimant had such knowledge, that he or she took all reasonable steps to stop such illegal activity.
If the government is considering forfeiture of any of your assets or property, sound legal advice is important to protecting your rights.
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Federal Grand Jury
The grand jury subpoena is one of the most powerful tools of federal law enforcement. Without showing probable cause, reasonable suspicion, or any minimal evidentiary standard, the federal government can force you to answer questions under oath before grand jurors without an attorney being physically present.
Persons called to testify, or persons subject to grand jury subpoenas, generally fall into three categories: targets, subjects, and witnesses.
Targets are usually considered to be people against whom the prosecutors intend to bring criminal charges against at some point. Nobody wants to be a target.
Subjects are persons who may or may not become targets, but whose behavior falls within the scope of the grand jury's investigation.
Witnesses have no potential personal responsibility for acts of interest to a grand jury. However, they may have information which the prosecutor believes the grand jury needs to indict a target.
Because prosecutors have such discretion in conducting grand jury investigations, and deciding whom to charge, attorneys for persons called to testify before the grand jury or whose conduct is subject to investigation by a grand jury, need to learn as much as they can about the incidents in question and to confer with prosecutors regarding the evidence in a case. Sometimes, witnesses called to testify should assert the right not to answer questions. Other times, witnesses may, after consultation with counsel, decide to testify. Sound advice on possible options, investigation of the pertinent facts, consideration of legal avenues to quash or limit the scope of subpoenas and consultation with prosecutors is the key to effective representation before the grand jury.
Whether you have been subpoenaed as a target, subject or a witness to participate in a grand jury proceeding, it is important to have an experienced attorney to provide effective legal counsel and protect your rights.
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Federal Property Offense
In the U.S., any crime that occurs on Federal land is a Federal crime, and the accused may be charged with committing a felony offense. Depending upon the circumstances, the State may also be able to prosecute the defendant. This means that the defendant has the possibility of being tried at both the State level and the Federal level.
The Fifth Amendment states that an individual may not be prosecuted for the same crime twice, which is referred to as double jeopardy. A case in which a defendant is tried at the State and Federal level for a crime committed on Federal land is not considered double jeopardy.
Listed below are crimes that, if they take place on Federal property, are considered Federal offenses:
Aircraft theft
Arson
Burglary
Drug violations
Drunk driving
Environmental crime
Property theft
Robbery of a post office
Selling or intent of selling obscene materials
Trespassing
Vehicle theft
Violating Federal intellectual property laws
Watercraft theft
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Federal Health Care
As the health care situation grows and worsens, more lawsuits are being filed against health care providers. Meanwhile, laws pertaining to such lawsuits are constantly changing. Any health care provider accused of fraud must hire defense attorneys or risk losing their business and possibly their liberty.
Medicare fraud
Medicaid fraud
Health insurance fraud
Medical billing fraud
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Internet Fraud
Internet fraud is a crime that takes place on a computer through message boards, chat rooms, emails, and a variety of other places on the Internet. The penalty for violating Internet fraud laws may include a monetary fine and a prison term of up to twenty years.
The following are some examples of Internet fraud and Internet crimes:
Computer hacking
Conducting illegal monetary transactions
Copyright theft
Cyberstalking
Destroying computer information
Distributing and spreading a computer virus
Fraudulently obtaining computer data
Identity theft
Illegal money making plots
Illegally obtaining confidential national security data
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White Collar Crime
Many citizens make bad judgments because they have access to large amounts of money that is not their own. Financial pressures due to high credit card debt, hospital bills, or a gambling addition, for example, can result in an arrest for a white collar crime, such as embezzlement, property theft, wire fraud, or mail fraud.
Dependent upon the circumstances, this could be the time where your Lawyer should seek an pre-indictment settlement of the case for you if you agree to pay restitution. If you are an business, contractor, and other professional accused of any of the following listed crimes you need the help of an experienced attorney immediately:
Business fraud
Accounting fraud
Bank fraud
Forgery
Insider trading
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Were you arrested for a Federal Crime?
I would like to speak with you!
I'll gladly talk with you over the phone or in person for free. I'll help you understand what decisions you face -- what could happen if your case goes to trial -- and what I can do to defend you and protect your rights.
Call Jeff at 954-768-0988 | Toll Free 1-800-403-2056
Law Office of Jeffrey N. Ivashuk, P.A. - Florida Attorney
727 N.E. 3rd Avenue, Suite 201
Fort Lauderdale, FL 33304
Phone 954-768-0988 | Toll Free 1-800-403-2056
Contact me today!
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