White Collar Crime Prosecutions

Robert Mueller III is the Director of the FBI. He has 36,074 employees, 13,913 special agents, but he calls the shots. And if a shot across your client’s bow is going to come, he’s the man who brings the misery down on us. So if you advise clients, Boards of Directors, Legal Counsel, etc. on what’s coming down the road, no need to read tea leaves, just listen to The Man. And he has spoken.
Director Mueller spoke in Miami April 2, 2012 and today, almost one year later, I can say with certainty that his speech is the most important roadmap for White Collar Criminal defense lawyers to use in counseling our clients. Read his speech and you’ll see that the FBI and SEC and FINRA and most of the FCPA and Patriot Act prosecutions we’re dealing with over the last year were foreseeable. So if you advise corporate clients on white collar matters, if you assist clients in setting up internal controls, investigations and advisories, line up your caseload and re-read his April 2, 2012 speech. I’ll bet you an amount equal to your past year’s parking fees at U.S. Federal Detention Centers (visiting your in-custody clients), that the roadmap was published. As is said “govern yourself accordingly”.
And here is the list extracted from Director Mueller’s speech:
1. Money laundering
2. Health Care Fraud
3. Mortgage Fraud
Followed by….corporate and securities frauds and Foreign Corrupt Practices Act (FCPA) prosecutions, both civil and criminal.

Wikileaks Weveals Wongdoers

With apologies to Elmer Fudd and Disney we headline the news that Wikileaks founder Julian Asange announced on January 17th, 2011 that a former executive at a major Swiss Bank had turned over a computer disc containing 2000 names of prominent individuals who, allegedly, engaged in tax evasion through offshore banking. Money-laundering and other white-collar crimes, a specialty of the writer, usually involves wire fraud, money laundering, or tax avoidance. Money-laundering crimes involved the failure to disclose the source of funds or attempts to obscure the source of funds deposited into the US banking system. Rudolf Elmer, the former executive for the Swiss Bank reportedly ran a major Swiss Bank's operations in the Caribbean until his discharge in 2002. Initial reports indicate that names have not been revealed. However Wikileaks indicated that it will name names at a future date. Many of these white-collar crimes will be prosecuted in South Florida federal district courts where attorney Ralph Behr practices. South Florida criminal defense attorneys see many federal money laundering and wire fraud cases in our federal district courts. Stay tuned for further news as this story breaks.

Feds to Push for Arrests in South Florida for "Economic Crimes"

The chief law enforcement officer of the Federal Government (our protectors/masters in DC) Attorney General Eric Holder announced his marching orders: Arrest all those who commit “economic crimes”. In his speech to the National Sheriffs’ Association’s at their 2010 Winter Conference he set out on his warpath to end economic crimes. (He omitted to address bankers and stock brokers). In his speech he said the Feds plan ….”To give particular emphasis to initiatives aimed at tackling economic crime, international organized crime, youth violence and the exploitation of children. “South Florida criminal lawyers, like your host, have been inundated with mortgage fraud, credit card fraud and identify theft cases. In fact the Office of the Statewide Prosecutor has a staff working fulltime on prosecuting mortgage fraud cases.

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Criminal defense attorneys who are familiar with securities law prosecutions, and white collar crime are often certified Arbitrators for the National Association of Security Dealers (The NASD).

Knowing securities law is essential if a lawyer is defending someone for a white collar crime, money laundering or mortgage fraud arrest.

If you have been accused of a white collar crime or with a securities iviolation call Attorney Behr for a consultation.

The NASD is the agency that supervises and enforces securities laws affecting the NY Stock Exchange, Stock Brokerages firms, dealers, and "associated persons".


Money laundering for most of us is finding a $10 bill in the clothes dryer.

Forgetting to check your pockets when you put your jeans in the laundry is the precursor to clothes dryer joy.

Forgetting to check your pockets for the $10,000.00 in pocket-change you carry when you walk onto an airplane bound for the US can be the precursor to a federal prison term.

Go not lightly into this sad goodnight. Read this money laundering site from the US government.

Not knowing what federal crimes are contained in the Patriot Act and the Bank Secrecy Act is a quick one-two punch that lands many people in jail and then in prison.

If you are a stock broker, financial advisor, banker, businessman with overseas ventures or even purchasing gifts while abroad, you need to have more than a casual awareness of money laundering and money structuring statutes.

Fort Lauderdale and Miami, like New York and Los Angeles are what the Feds call Gateway ports. Florida criminal defense lawyers see more heightened surveillance and prosecutions coming from Fort Lauderdale, Miami, and South Florida than in years past.

The South Florida federal task force focusing on domestic security casts a dragnet that snares many innocents.

If you handle sums of money in excess of $10,000 for yourself, for others, family members or business associates get a mini education on money-laundering. Any criminal defense attorney who does federal court criminal defense can give you a quick overview in less than 10 minutes.

Understanding money laundering and white collar crimes, structuring and cash transaction reports and the alphabet soup of anti-money-laundering statutes is an education best undertaken with a few hours spent googling or consulting with a good criminal defense lawyer.

You don't want to learn about money-laundering statutes in a holding cell at a federal detention center near an airport. Better to learn about it in a criminal defense lawyer's office. There's no excuse for not knowing the law, information is inoculation.