Federal Criminal Defense — Miami
When a Miami Real Estate Fraud Investigation Leads to Your Arrest: What You Need to Know Right NowBy Dennis Gonzalez Jr., Esq. — Former Prosecutor | Miami Criminal Defense Another headline. Another Miami developer indicted. Another $85 million fraud scheme splashed across every local news station in South Florida. If you work in Miami real estate — as a developer, investor, broker, title agent, accountant, sales associate, or consultant — you already know the story. Federal agents showed up. Charges were filed in the Southern District of Florida. And now everyone connected to the project is asking the same question: Am I next? That is not paranoia. That is pattern recognition. And if you are reading this because you have reason to believe you may be under investigation — or you have already been contacted by federal agents — the next 48 hours matter more than you think. Real Estate Fraud Cases Do Not Stop at the DeveloperHere is what most people outside the criminal justice system do not understand: when a major real estate fraud scheme collapses, the developer is usually just the first arrest. Not the last. Federal prosecutors in the Southern District of Florida have a well-established pattern. They build cases from the outside in. The indictment of the principal — the developer, the CEO, the managing partner — is the starting gun, not the finish line. What follows is a widening investigation that frequently sweeps in: ▸ CFOs, controllers, and bookkeepers who processed transactions or prepared financial documents ▸ Sales agents and brokers who marketed the investment to buyers ▸ Title agents and escrow officers who facilitated closings ▸ Attorneys and accountants who provided advice or prepared documents ▸ Consultants and contractors who received payments ▸ Family members who received assets, held property, or signed documents Many of these people had no idea they were participating in anything illegal. Some of them were doing their jobs exactly the way they always had. But federal wire fraud charges under 18 U.S.C. § 1343 do not require you to be the mastermind. They require the government to prove you knowingly participated in a scheme to defraud — and that you used electronic communications in furtherance of that scheme. That is an extraordinarily broad statute. And in the Southern District of Florida, it is the government's favorite tool. The Charges You Are Actually FacingWhen real estate fraud investigations produce criminal charges, the indictments in South Florida typically include some combination of these federal offenses: Wire Fraud — 18 U.S.C. § 1343UP TO 20 YEARS PER COUNT — OR 30 YEARS IF AFFECTING A FINANCIAL INSTITUTION Every email, every wire transfer, every electronic communication can be charged as a separate count. A single development project can produce dozens of wire fraud counts. In real estate fraud cases involving banks, the enhanced 30-year maximum almost always applies. Conspiracy to Commit Wire Fraud — 18 U.S.C. § 1349UP TO 20 YEARS The conspiracy charge does not require that you personally committed fraud. It requires that you agreed to participate in a plan that included fraud — even if your specific role seemed legitimate. Money Laundering — 18 U.S.C. § 1956 / § 1957UP TO 20 YEARS PER COUNT (§ 1956) | UP TO 10 YEARS (§ 1957) If funds from the alleged fraud passed through your accounts, your business, or transactions you facilitated, you face money laundering charges on top of the fraud charges. Under § 1957, simply spending more than $10,000 of tainted funds is a standalone federal crime. Bank Fraud — 18 U.S.C. § 1344UP TO 30 YEARS PER COUNT — THE HEAVIEST CHARGE Applies when the government alleges a financial institution was deceived to obtain financing. Every fraudulent loan application can be a separate count. Bank fraud carries the most severe maximum sentence in most real estate fraud indictments. Tax Evasion & Payroll Tax Fraud — 26 U.S.C. § 7201 / § 7202UP TO 5 YEARS PER COUNT Real estate fraud cases almost always include tax charges. Diverted funds that were not reported as income become tax evasion. Withheld payroll taxes that were not remitted to the IRS become separate criminal counts. The combined sentencing exposure in a typical real estate fraud indictment can exceed 100 years on paper. Even a "minor participant" in an $85 million fraud scheme faces years in federal prison if convicted. The Forfeiture Problem Nobody Talks AboutCriminal charges are only half the problem. The other half is forfeiture. When the government files a real estate fraud indictment, it simultaneously identifies assets for forfeiture — property, bank accounts, vehicles, jewelry, watches, anything of value that can be traced to the alleged scheme. In recent South Florida cases, the government has sought forfeiture of luxury watches, platinum rings, yachts, and waterfront homes. Civil forfeiture proceedings run parallel to the criminal case. The government can freeze your accounts and seize your property before you are convicted of anything. If you do not challenge the forfeiture immediately and aggressively, you can lose everything while your criminal case is still pending. This is why hiring a criminal defense attorney who understands both the criminal charges and the forfeiture process is critical. They are two separate battles being fought simultaneously — and losing the forfeiture battle can destroy your ability to fund your own defense. What to Do If Federal Agents Contact YouIf you are connected to a Miami real estate project that is now under investigation — or if FBI agents, IRS Criminal Investigation agents, or SEC investigators have contacted you — here is what you need to do immediately: 1. DO NOT TALK TO INVESTIGATORS WITHOUT AN ATTORNEY PRESENTThis is not optional. Federal agents are trained to obtain statements that can be used against you. Anything you say — even if you believe you are explaining your innocence — can be reframed in an indictment. Making a false statement to a federal agent is itself a crime under 18 U.S.C. § 1001, punishable by up to 5 years. 2. DO NOT DESTROY DOCUMENTS, DELETE EMAILS, OR MOVE MONEYObstruction of justice charges under 18 U.S.C. § 1519 carry up to 20 years. Destroying evidence after you are aware of an investigation is one of the fastest ways to turn a defensible case into an indefensible one. 3. HIRE A FEDERAL FRAUD DEFENSE ATTORNEY — TODAYThis is a specialized practice. You need someone who handles federal fraud cases in the Southern District of Florida, understands sentencing guidelines, and can evaluate whether pre-indictment intervention — presenting your case to prosecutors before charges are filed — is still viable. The best outcome may be preventing charges entirely. Not every investigation leads to an indictment. Pre-arrest intervention — where your attorney engages with prosecutors during the investigation phase to present mitigating evidence and demonstrate good faith — can sometimes result in no charges being filed. But this window closes once the grand jury returns an indictment. The Intent Defense in Real Estate Fraud CasesFederal fraud charges require the government to prove specific intent to defraud. That is a high bar — and it is where most real estate fraud defenses are built. In a complex real estate development, there are legitimate business reasons why funds move between accounts, why projections change, why timelines slip, and why investors do not receive the returns they expected. Failed businesses are not crimes. Bad investments are not fraud. Optimistic projections are not wire fraud. The line between aggressive business practices and criminal fraud is often razor-thin, and the government frequently overcharges. A skilled defense attorney challenges the government's theory of intent at every stage — from pre-indictment negotiations through trial — by demonstrating that your actions were consistent with legitimate business activity, good faith reliance on professional advice, or honest mistake. Why You Need an Attorney Now — Not After the IndictmentThe single most common mistake people make in federal fraud investigations is waiting. They hear about the lead defendant's arrest. They read the headlines. They tell themselves, "I did not do anything wrong, so I have nothing to worry about." Then, six months later, agents show up at their door with a superseding indictment that adds their name to the case. By that point, the window for pre-arrest intervention has closed. The government has already locked in its theory of your involvement. Your statements to coworkers, investors, and anyone else who cooperated with investigators are already in the file. If you have any reason to believe you are connected to a real estate project that is under investigation — even tangentially — the time to call a criminal defense attorney is now. Not tomorrow. Not after the next headline. Now. Former Prosecutor. Federal & State Defense.Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who defends clients facing federal and state fraud charges in the Southern District of Florida. His practice includes wire fraud, bank fraud, money laundering, tax fraud, and all charges arising from real estate fraud investigations. If you are under investigation or have been contacted by federal agents: Confidential consultations. Available 24/7. Hablamos español. Comments are closed.
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Dennis Gonzalez Jr.
Miami Criminal Defense Attorney Archives
March 2026
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