If you think the headlines about Washington going easy on crypto mean Florida is going easy too, you are dangerously wrong.

In 2025, the federal government made an unprecedented pivot. The SEC dropped roughly 89 cryptocurrency enforcement actions. The DOJ dissolved its dedicated crypto prosecution unit. The White House issued an executive order declaring the United States should be the “crypto capital of the world.”

Meanwhile, in Tallahassee and in courtrooms across South Florida, the State of Florida did the exact opposite. New laws. More seizures. Bigger prosecutions. Florida’s Cyber Fraud Enforcement Unit is actively seizing cryptocurrency from exchange accounts. A Miami-area man was charged in February 2026 in connection with an alleged $328 million crypto Ponzi scheme. And a new bill would require every virtual currency kiosk in the state to obtain a money transmitter license — or face felony charges.

This article explains exactly what changed, what Florida law says right now, and what a criminal defense attorney looks for when defending these cases.

What the Federal Government Actually Changed

On January 23, 2025, President Trump signed Executive Order 14178, “Strengthening American Leadership in Digital Financial Technology.” The order revoked Biden-era crypto frameworks, prohibited a central bank digital currency, and created a Presidential Working Group on Digital Asset Markets led by crypto czar David Sacks.

Then came the enforcement reversals — rapid, sweeping, and historic.

Florida Went the Other Direction: New Laws, More Seizures, Bigger Cases

While Washington was pulling back, Tallahassee was building new tools to go after crypto-related crimes harder. Here is what Florida did in 2025 and 2026.

HB 319: Virtual Currency Kiosk Regulation (2025)

Florida has over 3,100 crypto ATMs — the second-highest count in the nation. HB 319 expanded Chapter 560’s money services business regulations to cover virtual currency kiosk operators, requiring them to obtain a license from the Office of Financial Regulation, comply with transaction limits and consumer disclosure rules, and provide refund mechanisms. Operators already running before January 1, 2026 had 30 days to register. Operating without a license is a felony under Florida law.

Why does this matter for criminal defense? Because AARP Florida and FDLE issued a joint warning in February 2026 reporting $333 million in crypto ATM scam losses nationwide in 2025. Prosecutors are now armed with a licensing requirement that turns any unlicensed operator into a felon — even if the underlying transactions were legitimate.

HB 1039 / SB 1038: Florida Strategic Cryptocurrency Reserve (2026)

Filed in January 2026, these companion bills would authorize Florida’s Chief Financial Officer to purchase and hold cryptocurrency with an average market cap of at least $500 billion over the prior two years — effectively limiting the reserve to Bitcoin. Up to 10% of certain public funds could be allocated, though pension funds are explicitly excluded. The conditional effective date is July 1, 2026.

The defense implication: Florida is simultaneously embracing cryptocurrency as a state investment and prosecuting individuals who use it. That tension creates arguments about regulatory ambiguity that an experienced defense attorney can use.

Aggressive Crypto Forfeiture Actions

Florida’s Cyber Fraud Enforcement Unit, operating within the Attorney General’s Office of Statewide Prosecution, is actively seizing cryptocurrency from exchange accounts on platforms including Coinbase, Kraken, Binance, and LBank. They collaborate with FDLE and local sheriff’s offices using blockchain analytics tools like Chainalysis.

But these seizures are not bulletproof. In June 2025, a Wakulla County judge ordered a sheriff’s office to return over $500,000 in Bitcoin after finding the seizure procedures were improper. Defense attorneys are increasingly challenging the analytics methodology, the chain of custody for digital assets, and whether seized funds from a co-mingled exchange account actually belong to the defendant.

Florida Crypto Fraud Charges: The Statutes Prosecutors Use

Florida prosecutors have a powerful toolkit of state statutes that apply to cryptocurrency fraud. Understanding these is essential for anyone facing an investigation or charges.

The “Organized Fraud” Statute Is the Real Weapon: § 817.034, Fla. Stat.

Florida’s Communications Fraud Act criminalizes any systematic, ongoing scheme to defraud. Prosecutors love this statute for crypto cases because every single email, text message, social media post, or phone call promoting a fraudulent crypto project is a separate “communication” in furtherance of the scheme. That means hundreds of potential counts from a single investigation.

The 2024 amendments made this even more dangerous: schemes targeting individuals aged 65 or older, minors, or disabled persons are automatically reclassified one degree higher. A scheme to defraud a senior citizen out of $25,000 in a crypto scam jumps from a second-degree felony (15 years) to a first-degree felony (30 years).

Florida’s Money Laundering Act Explicitly Covers “Virtual Currency”: § 896.101, Fla. Stat.

In 2017, Florida amended § 896.101 to define “virtual currency” as a medium of exchange in electronic or digital format. This resolved the ambiguity that nearly derailed the prosecution in State v. Espinoza, where a trial court initially dismissed money laundering charges against a Bitcoin seller because Bitcoin did not fit the old statutory definitions. The Third District Court of Appeal reversed in 2019 and reinstated the charges.

The statute’s “should have known after reasonable inquiry” standard for transactions over $10,000 gives prosecutors broad leverage. This means you do not have to know the funds are illicit — if a reasonable person would have asked questions and you did not, you can be charged.

Recent Florida Crypto Prosecutions: Real Cases, Real Consequences

How a Criminal Defense Attorney Fights Crypto Fraud Charges in Florida

As a former prosecutor, I know how the State builds these cases. That means I know where the weaknesses are. Here are the defense strategies that matter in 2026.

Frequently Asked Questions: Crypto Fraud Charges in Florida

This week, video surfaced showing a Miami-Dade corrections officer repeatedly striking a handcuffed inmate inside an elevator at the Pre-Trial Detention Center. The officer swung on the restrained man multiple times. The inmate, Spencer Butler, was heard on body camera footage hours later yelling that he had been beaten.

The officer, Myth Louis-Jeune, was charged with misdemeanor battery. But here is the part that should concern every person sitting inside a Miami-Dade jail right now, and every family member waiting on the outside: the beating happened on March 1, 2023. Charges were not filed until January 30, 2026. Nearly three years passed before the State Attorney's Office acted.

And this was not an isolated incident. In a separate case at Dade Correctional Institution in Florida City, seven corrections officers were arrested and charged with battery on a detainee, tampering with physical evidence, failure to report use of force, and perjury — after investigators determined that two officers kicked and punched a handcuffed inmate named Christopher Castro in the face, head, and back while five other officers watched and said nothing.

I am not writing this post to attack corrections officers. The vast majority do a difficult, dangerous, and underpaid job with professionalism. But when an officer crosses the line — when force is used not to maintain order but to punish, to retaliate, or to send a message — Florida law is clear: that is a crime.

Under § 944.35, Florida Statutes, a corrections officer is only authorized to use physical force on an inmate when it is reasonably necessary for specific, limited purposes: self-defense, preventing escape, preventing property damage, or maintaining institutional order. Force used outside of those circumstances — particularly force used with malicious intent against a restrained person — is not "doing the job." It is battery.

In the Dade Correctional case, officers were charged under multiple provisions — battery, evidence tampering, perjury, and failure to report. The system held them accountable. But it only happened because investigators were able to piece together what occurred in an area with no surveillance cameras.

According to prosecutors, the delay in filing charges against Officer Louis-Jeune was because the officer's previous defense attorney requested additional time to investigate and present mitigation evidence and expert opinions. Three years of additional time.

Meanwhile, the officer remained employed. Records show he had already been suspended for a separate use-of-force/excessive force incident in November 2021 — two years before the elevator beating. He was eventually relieved of duty with pay after the charges were filed.

That disparity is why having an attorney who understands both sides of the system matters.

If you believe that someone you love has been subjected to excessive force or abuse inside a Miami-Dade correctional facility, there are steps you can take — but you need to act quickly:

Two separate incidents. Two separate facilities. Eight officers charged. Video evidence in one case, investigative evidence in the other. A pattern of officers believing they can use force without consequence — and in some cases, conspiring to hide it.

If you have a family member inside the Miami-Dade Pre-Trial Detention Center or Dade Correctional Institution right now, these are not abstract news stories. This is the environment your loved one is living in every day.

And if your family member is the one facing criminal charges — if they are the defendant, not the victim — they still have rights. Being accused of a crime does not strip away the right to be free from cruel and unusual punishment. The Eighth Amendment to the United States Constitution and Article I, Section 17 of the Florida Constitution both prohibit excessive force against incarcerated individuals. Being arrested does not make you less human. Being charged does not make you a punching bag.

I am a former prosecutor. I have worked inside the system. I have seen how cases are built, how evidence is handled, and how decisions are made about who gets charged and who does not. I chose to leave prosecution and dedicate my practice to criminal defense because I believe that everyone — including the person sitting in a jail cell right now reading charges they do not fully understand — deserves someone fighting for them.

These cases out of Miami-Dade are a reminder that the system is not always just. Officers with prior disciplinary histories remain on the job for years. Beatings of handcuffed people go uncharged for nearly three years. Fellow officers watch abuse happen and say nothing.

If you or someone you love is facing criminal charges in Miami-Dade County, you need an attorney who knows how the system works — and how it fails.

Your Child Was Just Arrested for a Threat They Never Made. AI Did This.

A classmate used artificial intelligence to fabricate a threatening image and fake text messages — and now your child is in handcuffs. This is not science fiction. It is happening in Florida schools right now. Here is what you need to know.

By Dennis Gonzalez Jr., Esq.  ·  Former Miami-Dade Assistant State Attorney  ·  Florida Bar  ·  (305) 209-0384

The Scenario No Parent Imagines — Until It Happens to Them

Marco's parents are calling lawyers before they have finished reading the arrest report. The charge: a second-degree felony under § 836.10, Florida Statutes — written or electronic threats to kill or conduct a mass shooting. Up to fifteen years in state prison. A permanent record. A destroyed future — for something their son did not do.

Now consider a second version of this nightmare.

These scenarios are not hypothetical in the sense that they are unlikely. They are composite descriptions of incidents that have already occurred. The technology to do this is free, available on any smartphone, and requires zero technical skill. What is happening next door — in Michigan, Pennsylvania, and Louisiana — is coming to South Florida, if it has not already arrived.

This Is Already Happening. We Have the Cases.

"The law has not caught up to the technology. In Florida, there is no statute specifically criminalizing the use of AI to create threatening content and frame another person. That gap is a danger — and a defense."

The Florida Criminal Charges: What They Actually Mean

Florida law does not require police to verify the authenticity of digital evidence before making an arrest. They need only probable cause — a reasonable belief that a crime was committed. An AI-generated image that looks real can supply that probable cause. The charges that follow are serious.

The critical wrinkle no one is talking about

The 2021 amendment to § 836.10 — passed directly because of a Florida court ruling that social media threats did not violate the old law — now includes a "procuring" provision. A student who creates a fake AI image and causes someone else to share it could be charged as the person who procured the transmission. The creator of the fake threat and the person falsely accused may both face felony charges under the same statute.

And unlike most felony charges, violations of §§ 790.163 and 790.164 carry mandatory adjudication — meaning even a judge cannot withhold the conviction. Florida's standard juvenile diversion programs are largely unavailable for second-degree felonies. The path through this requires aggressive legal defense from the very first day.

The Constitutional Defense: Why the Law Is on Your Side

Here is what most people — and many attorneys — do not understand about these cases. The United States Supreme Court gave defendants powerful ammunition in Counterman v. Colorado, 600 U.S. 66 (2023). The Court held that to prosecute someone for making a "true threat," the State must prove the defendant subjectively understood — at minimum, recklessly — that their communication would be viewed as threatening. Good faith mistakes, pranks, and content someone never created cannot satisfy this standard.

For the wrongly accused student: they had zero awareness of any communication, because they sent none. The State cannot establish recklessness against someone who played no role in creating the content. Florida's own appellate courts have applied this principle. In TRW v. State, 363 So. 3d 1081 (Fla. 4th DCA 2023), the court held the State must show the defendant communicated "with the knowledge that it would be viewed as a threat." No communication. No knowledge. No conviction.

For the student who created the fake content thinking it was a harmless prank: Counterman requires conscious disregard of a substantial risk. If a teenager genuinely did not understand that a fake AI image would trigger a school lockdown and police response, that subjective mental state is a legally cognizable defense — not an excuse, but a constitutional argument that must be investigated and raised by counsel who knows how to make it.

The Evidence Defense: What the AI Left Behind

AI-generated images are not forensically invisible. Every file tells a story — to those who know how to read it.

This is the defense that freed Kumayl Raza. A digital forensic expert examined the evidence, found the traces of fabrication, and traced the content back to its actual source. Without that expert — retained after his arrest — Raza might have taken a plea deal to a lesser charge just to end the nightmare.

What to Do in the Next 60 Minutes

One More Scenario — The One Nobody Talks About

Carlos is not a bad kid. He made a catastrophic miscalculation about what "funny" means when AI technology puts realistic-looking threatening content into anyone's hands. But Florida law does not currently have a specific AI-generated content exception. It does not distinguish between a prank and a genuine threat based on the medium. What it has is a second-degree felony statute, a mandatory adjudication provision for false reports causing school lockdowns, and a juvenile justice system with almost no diversion options for crimes of this severity.

Carlos needs a defense attorney who understands both the law and the technology — and who can argue, under Counterman v. Colorado, that a teenager who posted a dark joke did not "consciously disregard a substantial risk" that his content would be viewed as a genuine threat. That argument is available. But it must be made by someone who knows how to make it — and who moves on Day One.

This article is for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws change; consult a qualified Florida criminal defense attorney for advice specific to your situation. Dennis Gonzalez Jr. is licensed by the Florida Bar. Results are not guaranteed and depend on the specific facts of each case.

On March 3, 2026, Florida investigators announced the arrest of 12 more individuals connected to a years-long fraudulent insurance school operation in Virginia Gardens, near Miami International Airport. The case — involving the former D&R Academy — has now resulted in dozens of arrests since the investigation began in 2024.

If you or someone you know is facing fraud charges in South Florida, the time to act is now — not after your first court date. As a former Miami-Dade prosecutor, I know exactly how the State builds fraud cases, and I use that knowledge to defend you.

What Counts as Fraud Under Florida Law?

Florida prosecutes fraud aggressively under several statutes. The most commonly charged include:

Organized Scheme to Defraud (§ 817.034, Fla. Stat.) — This is the statute at the heart of the insurance school case. It covers any ongoing course of conduct intended to defraud others, whether through false representations, promises, or omissions. This is the charge prosecutors reach for when they can show a pattern — and it carries serious penalties.

Insurance Fraud (§ 817.234, Fla. Stat.) — Filing false or misleading insurance claims, staging accidents, or falsifying credentials to obtain insurance licenses. Florida's Department of Financial Services investigates these cases with dedicated fraud units.

Credit Card Fraud / Identity Theft (§ 817.568, Fla. Stat.) — Using another person's identifying information without consent. With South Florida's position as a hub for financial transactions, these charges are among the most frequently prosecuted in Miami-Dade.

Wire Fraud (18 U.S.C. § 1343) — When fraud involves interstate communications (phone, email, internet), federal prosecutors can and do step in. Federal fraud charges — often paired with conspiracy charges — carry significantly harsher penalties and mandatory sentencing guidelines.

Penalties for Fraud in Florida

The penalties depend on the amount involved and the nature of the scheme:

Note: Penalties may increase with prior convictions, involvement of elderly or vulnerable victims, or when the scheme crosses state lines into federal jurisdiction. Fraud cases frequently involve related charges such as money laundering or embezzlement, which carry additional penalties.

Why a Former Prosecutor Makes the Difference in Fraud Cases

Fraud cases are not like other criminal charges. They involve mountains of documents, financial records, digital evidence, and often the testimony of cooperating witnesses. The prosecution spends months — sometimes years — building these cases before making a single arrest.

As a former Miami-Dade prosecutor, I have sat on the other side of these cases. I know how fraud investigations are structured, how evidence is gathered, how cooperating witnesses are managed, and where the weaknesses in the State's case are most likely to be found. That insider knowledge is your strongest asset when facing fraud charges.

Fraud Charges and Immigration: A Critical Concern

For non-citizens, fraud charges carry consequences that extend far beyond the criminal courtroom. Under federal immigration law, crimes involving moral turpitude — which includes virtually all fraud offenses — can trigger deportation proceedings, denial of naturalization, or bars to re-entry into the United States.

If you are not a U.S. citizen and you are facing fraud charges, your criminal defense attorney must understand the immigration consequences of every plea, every disposition, and every sentencing outcome. A resolution that looks favorable in criminal court can be devastating in immigration court.

I work closely with immigration attorneys to ensure that my clients' criminal defense strategy accounts for immigration consequences from day one — not as an afterthought.

What to Do If You've Been Arrested for Fraud

The information in this blog post is intended for general educational purposes only and does not constitute legal advice. Every case is unique. If you are facing criminal charges, consult with a qualified attorney about your specific situation. Dennis Gonzalez Jr. is a licensed Florida attorney (Florida Bar No. [INSERT]). Prior results do not guarantee a similar outcome.