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Mr. Serafini handles a limited number of cases at any given time so that he may provide the personal service to each client.
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Representation before the Securities and Exchange Commission
The SEC has subpoena power. The SEC has a large and active Enforcement Division. This division investigates possible violations of the federal securities laws. The SEC has authority to bring civil enforcement actions against persons and entities for violation of the securities laws. Sanctions include monetary penalties, injunctions, cease and desist orders, and exclusion from regulated industries and professions.
The SEC has subpoena power. The enforcement staff attorneys and investigators take sworn testimony from witnesses in their investigations. As with other types of fraud, to prove securities fraud the SEC must either obtain the cooperation of someone involved to provide incriminating evidence or build its case circumstantially.
Mr. Serafini has significant experience handling SEC investigations as an SEC enforcement attorney and supervisor and as an attorney in private practice representing clients before the SEC in enforcement actions.
Representation before Self-Regulatory Organizations (SRO)
Regulated industries such as the securities industry have SRO’s. In the securities industry NASDAQ and the New York Stock Exchange are examples. These bodies have enforcement authority over persons or entities that they regulate. Sanctions by an SRO can have significant detrimental consequences for regulated businesses and professionals. Experience in navigating SRO investigations and actions is essential to obtain the best results.
Representation before Government Investigating Agencies
Enforcement defense is the representation of clients before agencies charged with civil enforcement. Among the federal agencies are the Securities and Exchange Commission, the Commodities Futures Trading Commission, the Federal Trade Commission, and the Inspector General for Health and Human Services. State agencies include the departments of health, the state attorneys general, and state banking authorities. Mr. Serafini’s experience with a wide variety of government investigative bodies provides the basis for obtaining the best results possible for clients confronted by government investigating agencies conducting civil enforcement inquiries.
Securities Arbitration
Securities arbitrations arise when investors find that their brokers and financial advisors have violated recognized norms in the handling of their accounts. Such behavior amounts to fraud. Some of the common grounds for securities arbitration claims are the following: breach of fiduciary duty to client, churning, misrepresentations/omissions, overconcentration, suitability, and
unauthorized trading.
Mr. Serafini has handled many cases involving these issues. For these matters he charges on a contingency basis.
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White collar crime is the term applied to criminal and civil wrongdoing in financial contexts. It is non-violent crime and is motivated by a desire for illegal monetary gains. White collar crime can be prosecuted under both federal and state statutes although federal prosecution predominates.
White collar criminal practice differs greatly from standard criminal practice. For instance, in most criminal cases there will be issues of identification and questions about what actions occurred. In the typical white collar case neither of these issues usually exists. In a white collar case often there is no dispute about what occurred and who was involved. Very often the issue is the intent of the person under investigation or charged.
The government must prove intent for a conviction. Intent is most often proved through circumstances and inference. Someone accused of a white collar crime in Fort Lauderdale must have defense attorney / counsel experienced in this unique area of law who is able to understand how the government builds its case and is able to counter the government’s arguments.
For the best South Florida’s White Collar Crimes Lawyer / Attorney, contact Serafini Law Office Today.
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Racketeering Influenced and Corrupt Organizations is a federal statute designed to combat corrupt entities or organizations. RICO is based on the concept that any entity or association, whether legal or illegal, may function as a racketeering enterprise by its actions. Thus, the statute is broad enough that legitimate businesses and their executives may fall within it.
RICO actions may be either criminal prosecutions or civil actions.
Most states have statutes patterned on the federal RICO statute. These are usually termed “enterprise corruption” rather than RICO. In some states the prosecution does not have to prove as many elements as in the corresponding federal statute.
Mr. Serafini has extensive RICO experience as a Senior Litigator in the DOJ Organized Crime Strike Force. He understands how the government builds these cases and where weaknesses may exist.
Connect with the best South Florida RICO / Racketeering Criminal Defense Lawyer / Attorney Today!
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- Miami RICO / Racketeering Criminal Defense Lawyer / Attorney
- Fort Lauderdale RICO / Racketeering Criminal Defense Lawyer / Attorney
- Boca Raton RICO / Racketeering Criminal DefenseLawyer / Attorney
- West Palm Beach RICO / Racketeering Criminal Defense Lawyer / Attorney
- Florida RICO / Racketeering Criminal Defense Lawyer / Attorney
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Money laundering is a crime usually charged by the federal government. It is the illegal movement of the proceeds of specific crimes listed in the law. While money laundering falls within the area of white collar crime, the government usually charges it in connection with the underlying crime. As a result, it is not uncommon to see it charged in the same indictment with a non-white collar crime.
This is a complex area of law. One confronted with an investigation or prosecution must retain highly qualified counsel. Mr. Serafini has significant experience both prosecuting and defending money laundering cases within Fort Lauderdale and Southern Florida.
Connect with the best South Florida’s Money Laundering Lawyer / Attorney Today!
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- Miami Money Laundering Lawyer / Attorney
- Fort Lauderdale Money Laundering Lawyer / Attorney
- Boca Raton Money Laundering Lawyer / Attorney
- West Palm Beach Money Laundering Lawyer / Attorney
- Florida Money Laundering Lawyer / Attorney
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Asset forfeiture typically refers to the confiscation of assets resulting from or used in connection with a criminal offense. Under federal law there are three means of asset forfeiture: criminal forfeiture, civil forfeiture, and administrative forfeiture. In criminal forfeiture the forfeiture claim is part of the indictment and the jury is asked to find forfeiture.
In civil forfeiture the government brings an action against the property itself with the requirement on any claimant to assert rightful ownership. Finally, administrative forfeiture is confiscation by action of an agency. If someone files a claim for the property in an administrative forfeiture proceeding, the government may convert the forfeiture to either criminal or civil.
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- Miami Asset Forfeiture Lawyer / Attorney
- Fort Lauderdale Asset Forfeiture Lawyer / Attorney
- Boca Raton Asset Forfeiture Lawyer / Attorney
- West Palm Beach Asset Forfeiture Lawyer / Attorney
- Florida Asset Forfeiture Lawyer / Attorney
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The term “fraud” includes many types of theft or attempted theft through deceptive practices. Numerous criminal statutes address fraud. It is a main component of white collar criminal enforcement. Beyond the criminal ramifications of fraud, there is a vast amount of civil fraud enforcement. Government agencies with non-criminal enforcement authority have the power to investigate and bring civil fraud actions.
Unlike a criminal fraud prosecution that results in a prison sentence, civil enforcement results in non-prison sanctions such as monetary penalties and exclusion from certain industries or occupations.
The most common statutes for the criminal prosecution of fraud by the federal government are mail fraud, wire fraud, bank fraud, and securities fraud.
Mr. Serafini has a wealth of experience handling both criminal and civil fraud cases.
For the Best South Florida Fraud Lawyer / Attorney , connect with Serafini Law Office Today.
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- Miami Fraud Lawyer / Attorney
- Fort Lauderdale Fraud Lawyer / Attorney
- Boca Raton Fraud Lawyer / Attorney
- West Palm Beach Fraud Lawyer / Attorney
- Florida Fraud Lawyer / Attorney
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The grand jury is a formal investigative body impaneled by a court to investigate possible criminal activity and bring formal charges against an accused through an indictment. Grand jury proceedings are secret. Additionally, grand juries have the power to subpoena witnesses and documents.
The U.S. Constitution provides the right to be charged by an indictment for any felony prosecuted by the federal government. Most states allow prosecution of felonies and other crimes without action by a grand jury. These states limit grand juries to the investigation of complex or extensive criminal activity.
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- Miami Grand Jury Practice Lawyer / Attorney
- Fort Lauderdale Grand Jury Practice Lawyer / Attorney
- Boca Raton Grand Jury Practice Lawyer / Attorney
- West Palm Beach Grand Jury Practice Lawyer / Attorney
- Florida Grand Jury Practice Lawyer / Attorney
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Healthcare fraud is an area of extensive federal and state enforcement. The practice area involves investigations into the conduct of healthcare providers and their billing practices. Healthcare fraud actions can be either criminal prosecutions or civil enforcement actions. The frauds prosecuted in federal court often impact public health programs such as Medicare, Tricare, and Medicaid. However, some actions arise from the alleged defrauding of private health insurers.
Healthcare fraud can present itself in many ways. Some of the more common charges include paying kickbacks for patient referrals, upcoding on billing submissions, and billing for services not rendered.
Mr. Serafini has prosecuted some of the nation’s most significant healthcare cases. Additionally, he has represented numerous healthcare clients in private practice.
We Also Serve the Following Cities/Counties:
- Miami Healthcare Fraud Lawyer / Attorney
- Fort Lauderdale Healthcare Fraud Lawyer / Attorney
- Boca Raton Healthcare Fraud Lawyer / Attorney
- West Palm Beach Healthcare Fraud Lawyer / Attorney
- Florida Healthcare Fraud Lawyer / Attorney
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Mortgage fraud and bank fraud typically result from submitting inaccurate financial information on bank forms to obtain funds from the institution.
The type of activity involved may range from an individual providing false information on his or her loan application to an organized scheme involving financial institution insiders who receive kickbacks for knowingly authorizing fraudulent loan documents.
We Also Serve the Following Cities/Counties:
- Hollywood Florida Mortgage and Bank Fraud Lawyer & Attorney
- Boca Raton Mortgage and Bank Fraud Lawyer & Attorney
- Pompano Beach Mortgage and Bank Fraud Lawyer & Attorney
- Hialeah Fort Mortgage and Bank Fraud Lawyer & Attorney
- Sunrise Florida Mortgage and Bank Fraud Lawyer & Attorney
- West Palm Beach Mortgage and Bank Fraud Lawyer & Attorney
- South Florida Mortgage and Bank Fraud Lawyer & Attorney
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Immigration fraud is the fraudulent attempt to obtain legal immigration status for an alien who is not entitled to legal status. Federal enforcement of immigration fraud involves cases against organized groups who provide this illegal service to persons who are not eligible for permanent legal resident status.
These cases often involve a significant amount of documentary evidence, the use of undercover agents, and electronically recorded evidence.
We Also Serve the Following Cities/Counties:
- Miami Immigration Fraud Lawyer / Attorney
- Fort Lauderdale Immigration Fraud Lawyer / Attorney
- Boca Raton Immigration Fraud Lawyer / Attorney
- West Palm Beach Immigration Fraud Lawyer / Attorney
- Florida Immigration Fraud Lawyer / Attorney
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Counterfeiting is the manufacture and passing of fake currency. It may also refer to the fraudulent manufacture and/or sale of goods purporting to be of a quality or from a designer or manufacturer who would receive a higher price on the market than would the counterfeit goods. Watches, clothing, and other types of jewelry are often the objects of counterfeiters.
Mr. Serafini has represented both criminal defendants accused of counterfeiting and large corporations who have been victims of product counterfeiting.
We Also Serve the Following Cities/Counties:
- Miami Counterfeiting Lawyer / Attorney
- Fort Lauderdale Counterfeiting Lawyer / Attorney
- Boca Raton Counterfeiting Lawyer / Attorney
- West Palm Beach Counterfeiting Lawyer / Attorney
- Florida Counterfeiting Lawyer / Attorney
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Securities fraud is the transaction in securities based on the knowing falsification or lack of disclosure of pertinent facts about the securities transacted. This type of fraud includes insider trading, price manipulation, accounting irregularities, and fraudulent sales practices. The federal government can charge this type of crime under various statutes such as securities fraud, wire fraud, and/or mail fraud.
The Securities and Exchange Commission investigates and brings civil enforcement actions involving allegations of securities fraud. In some instances, the SEC works closely with the Department of Justice. In other cases the SEC investigates independently. Both offices can bring actions. The Department of Justice charges criminal conduct while the SEC brings civil enforcement actions.
States also have criminal and civil securities enforcement provisions. The aggressiveness with which the states enforce their securities provisions varies greatly.
Mr. Serafini specialized in this area of fraud while serving with the United States Securities and Exchange Commission.
We Also Serve the Following Cities/Counties:
- Miami Securities Fraud Lawyer / Attorney
- Fort Lauderdale Securities Fraud Lawyer / Attorney
- Boca Raton Securities Fraud Lawyer / Attorney
- West Palm Beach Securities Fraud Lawyer / Attorney
- Florida Securities Fraud Lawyer / Attorney
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Conspiracy is an agreement involving two or more persons to commit an illegal act or to perform a legal act unlawfully. Under federal law the general conspiracy provision has a maximum sentence of five years imprisonment. However, there are many conspiracy provisions particular to certain categories of crime (i.e., drugs, fraud) in which the penalty provisions are the same as those for substantive crimes. States also have conspiracy provisions. In most states the penalties for conspiracy are lower than for the substantive criminal offenses.
The law of evidence involved in proving conspiracy has many of nuances. This can result in a person being charged as part of a conspiracy for crimes about which he might not have knowledge. A person charged with conspiracy needs the aid of an attorney very experienced in both the substantive area of criminal law and representing individuals charged with conspiracy.
Mr. Serafini has a thorough understanding of conspiracy law and the means for attacking conspiracy claims.
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- Miami Conspiracy Lawyer / Attorney
- Fort Lauderdale Conspiracy Lawyer / Attorney
- Boca Raton Conspiracy Lawyer / Attorney
- West Palm Beach Conspiracy Lawyer / Attorney
- Florida Conspiracy Lawyer / Attorney
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Art Fraud involves the passing of inexpensive artistic copies as original works of art. They are relatively rare. These cases involve the use of experts in art and art valuation. Because of the infrequent prosecution, there are relatively few defense attorneys experienced in the defense of these cases.
Mr. Serafini has defended art fraud cases and understands the issues in both criminal and civil contexts.
We Also Serve the Following Cities/Counties:
- Miami Art Fraud Lawyer / Attorney
- Fort Lauderdale Art Fraud Lawyer / Attorney
- Boca Raton Art Fraud Lawyer / Attorney
- West Palm Beach Art Fraud Lawyer / Attorney
- Florida Art Fraud Lawyer / Attorney
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ID fraud is the use of someone else’s identification information for fraudulent purposes. The theft of the identification information may lead to check fraud, credit card fraud, internet fraud, or fraud against government agencies.
This is becoming an increasingly popular area of prosecution by the federal government.
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- Miami Identification Fraud Theft Lawyer / Attorney
- Fort Lauderdale Identification Fraud Theft Lawyer / Attorney
- Boca Raton Identification Fraud Theft Lawyer / Attorney
- West Palm Beach Identification Fraud Theft Lawyer / Attorney
- Florida Identification Fraud Theft Lawyer / Attorney
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Computer fraud is the hacking of business or personal computer systems to steal money or information or to cause harm to the system and the owner of the system.
Also encompassed within computer crime is the use of computers to commit another type of crime such as wire fraud, mail fraud, identity theft or gaming offenses.
We Also Serve the Following Cities/Counties:
- Miami Computer Crime Lawyer / Attorney
- Fort Lauderdale Computer Crime Lawyer / Attorney
- Boca Raton Computer Crime Lawyer / Attorney
- West Palm Beach Computer Crime Lawyer / Attorney
- Florida Computer Crime Lawyer / Attorney
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These types of offenses include embezzlement from a business entity or other types of crimes in which the business is either the victim of the crime or the perpetrator of the crime. In the latter situations the law enforcement authorities seek to identify the business professionals responsible for the criminal behavior.
The ramifications can be devastating for a business or financial institution that is under investigation.
Publicly traded companies may have to report the investigation in their periodic filings, thus, decimating the share prices. Banks may call the loans of businesses under investigation resulting in a corporate failure. Also, negative public perception may significantly harm a company.
Therefore, it is essential that businesses and their executives obtain experienced white collar criminal counsel as soon as possible to navigate both investigative and collateral issues.
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- Miami Business Financial Lawyer / Attorney
- Fort Lauderdale Business Financial Lawyer / Attorney
- Boca Raton Business Financial Lawyer / Attorney
- West Palm Beach (Practice Area) Lawyer / Attorney
- Florida Business Financial Lawyer / Attorney
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Internal investigations arise when business executives either receive allegations of corporate wrongdoing or learn of a pending government investigation. Internal investigations should be independent, conducted by counsel not associated with any decision in question and who has a significant background in conducting investigations.
The results of the internal investigation will help management to determine whether there is a legal issue within the corporation and, if so, how to handle it.
Mr. Serafini has conducted numerous internal investigations.
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- Miami Internal Investigations Lawyer / Attorney
- Fort Lauderdale Internal Investigations Lawyer / Attorney
- Boca Raton Internal Investigations Lawyer / Attorney
- West Palm Beach Internal Investigations Lawyer / Attorney
- Florida Internal Investigations Lawyer / Attorney
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The federal government has increased it prosecution of sophisticated organized drug distribution networks. These cases often have aspects of organized crime prosecutions. The federal government charges a large conspiracy involving all members of the distribution network. Often, there are court ordered wiretaps.
The issues in these cases usually involve the wiretaps and searches for drugs. Additionally, the amount of illicit drugs proved is a typical area of contention. There are rarely victim witnesses. The government presents the evidence through law enforcement agents who interpret the recorded conversations.
The government’s agents catalogue the references to drugs and the amounts and present this evidence as the amount of drugs the network conspired to distribute. Since the conversations often use code words for drugs and amounts, issues as to the proof in these areas arise.
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- Miami Criminal Defense Drug Crimes Lawyer / Attorney
- Fort Lauderdale Criminal Defense Drug Crimes Lawyer / Attorney
- Boca Raton Criminal Defense Drug Crimes Lawyer / Attorney
- West Palm Beach Criminal Defense Drug Crimes Lawyer / Attorney
- Florida Criminal Defense Drug Crimes Lawyer / Attorney
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All convicted defendants are entitled to appeal their convictions. Appeals in the federal system are to the U.S. Courts of Appeal. In Florida state court appeals are to the District Courts of Appeal. Appeals look at errs of law that prevent the trial from being fair to the defendant. Experienced counsel reviews a trial record and determines possible areas of successful appeal.
Appeals may also be taken in civil cases. However, there is no automatic right to appeal in the civil area.
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- Miami Appeals Lawyer / Attorney
- Fort Lauderdale Appeals Lawyer / Attorney
- Boca Raton Appeals Lawyer / Attorney
- West Palm Beach Appeals Lawyer / Attorney
- Florida Appeals Lawyer / Attorney
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State investigators frequently undertake significant and complex investigations and prosecutions. These are often pursued through the state attorney general or large district or state attorneys’ offices. When states undertake these investigations, the process is very similar to a large federal investigation. There is often a task force representing several state agencies. Frequently, the investigators will work with a grand jury specially impaneled for the investigation. Additionally, the investigators will have subpoena power to compel the production of evidence.
We Also Serve the Following Cities/Counties:
- Miami Complex State Court Crimes / Investigations Lawyer / Attorney
- Fort Lauderdale Complex State Court Crimes / Investigations Lawyer / Attorney
- Boca Raton Complex State Court Crimes / Investigations Lawyer / Attorney
- West Palm Beach Complex State Court Crimes / Investigations Lawyer / Attorney
- Florida Complex State Court Crimes / Investigations Lawyer / Attorney