South Florida Criminal Attorneys Blog

Facing federal criminal charges can feel overwhelming. These cases move quickly, the government has extensive resources, and the potential penalties are serious. Understanding how an experienced attorney builds a defense can make a major difference in both your confidence and your outcome.

Challenging the Evidence

A strong defense often begins with reviewing how the evidence was obtained. Federal agents must follow strict procedures when conducting searches, wiretaps, or seizing digital information. If your rights were violated at any point, such as through an unlawful search or an improperly executed warrant, your attorney can argue to have that evidence excluded. In some cases, this can lead to reduced or dismissed charges.

Money laundering is a serious federal crime with life-altering consequences. In Florida, where the state’s financial and real estate industries are major players, federal authorities often take an aggressive stance on these cases. Being accused of attempting to disguise the source of funds, whether through shell companies, layered transactions, or even everyday banking activity, can trigger an investigation that quickly escalates to federal court.

The penalties are steep. A conviction for money laundering under federal law can carry up to 20 years in prison and fines reaching $500,000 or more, depending on the amount of money involved. Beyond prison time and financial penalties, a conviction can also mean forfeiture of assets, loss of professional licenses, and long-term damage to your reputation and career.

Florida residents facing these charges may also encounter overlapping state and federal investigations. Federal prosecutors in the Southern District of Florida, for example, are known for working closely with agencies like the IRS, FBI, and DEA. This means that even a single allegation of suspicious financial activity can draw attention from multiple government bodies, making the stakes incredibly high.

In federal criminal trials, expert witnesses often play a pivotal role in shaping the outcome of a case. Their testimony can clarify complex scientific, technical, or professional issues for the judge and jury, helping them understand key elements that go beyond common knowledge.

In Florida and across the U.S., federal cases follow the Federal Rules of Evidence, which govern how and when expert testimony can be used. Experts are typically called upon in areas such as forensic science, digital evidence, medical evaluations, financial crimes, and mental health assessments. For example, in a federal fraud case, a forensic accountant might testify about irregularities in financial records. In a drug trafficking case, a DEA agent could explain the logistics and patterns associated with organized distribution.

To be admitted in court, expert testimony must meet certain standards, most notably the Daubert standard, which is used in federal courts and in Florida. This standard ensures that the expert’s methods are scientifically valid and have been properly applied to the facts of the case. The judge acts as a “gatekeeper,” deciding whether the expert’s opinion is reliable and relevant.

Facing federal conspiracy charges can be an incredibly stressful and confusing experience. These charges are serious and can lead to substantial prison time—even if the underlying crime was never carried out. Understanding what conspiracy means under federal law, and how a skilled defense attorney can help, is essential if you or someone you care about is under investigation or indictment.

What Is a Federal Conspiracy Charge?

A federal conspiracy charge is based on two key elements: an agreement between two or more people to commit a federal crime, and at least one overt act taken in furtherance of that agreement. The crime itself doesn’t need to occur for charges to be filed. Simply being involved in the planning or taking a step—no matter how small—can be enough for a federal case.

The Racketeer Influenced and Corrupt Organizations (RICO) Act has long been one of the most formidable tools in the federal government’s arsenal against organized crime. While initially created to target the Mafia, RICO’s scope has broadened, enabling prosecutors to pursue cases involving fraud, drug trafficking, human trafficking, and corruption. As a criminal defense attorney with extensive experience in RICO cases, Michael B. Cohen has seen firsthand how these charges are pursued—and the impact they can have on the accused.

RICO charges are not limited to traditional organized crime; they can encompass any group operating as an “enterprise” that engages in a pattern of racketeering activity. This activity could include a range of offenses, from money laundering to wire fraud, with prosecutors needing to prove at least two predicate offenses within ten years. This broad application makes RICO a highly complex legal challenge.

Florida, with its unique position as an economic and cultural hub, often becomes the focal point for RICO cases. From South Florida’s history with drug cartels to the modern dismantling of fraudulent Medicare and Medicaid operations, the state has seen a wide variety of RICO prosecutions. These cases frequently involve sweeping allegations and hefty penalties, which can be overwhelming for those charged.