Miami Real Estate Crime Turns on Value

In Miami Florida, Straw Buyers accused of being part of Real Estate Fraud are being offered significant prison terms in Federal Court by Assistant United States Attorneys. This is sending a message to people who have incorrectly believed that because they were on the fringe of a large crime that they would be treated lightly, “Don’t Count On It”! Hire an experienced Criminal Defense Attorney who can protect you, particularly in Federal Court.

Federal Sentencing Guidelines for Fraud cases turn entirely on the dollar amount of the crime in question. A good attorney will never blindly accept the value that the prosecutor attributes to the crime. Instead, this a number that can be effectively contested. Whether a particular suspect is attributed the entire value of the property, or just the amount of money that he is alleged to have earned from the crime is a subjective matter for argument and persuasion. Determining whether the value of the property is the present value, the value of the property at the time of the purported fraud, or the difference between the two is pivotal. Also at issue, is the question regarding the value of the loss or the potential loss. Winning these arguments, even in a losing case, can mean the difference in the number of years in prison a criminal defendant is sentenced.

What is important to know is that prosecutors are now coming after these crimes, and that even the individuals who were engaged on the fringe of the fraud are at risk for long prison sentences. So, even in a case that you feel you cannot defeat the criminal charges, the amount of prison time can be contested and reduced.