Real Estate Fraud Defense
Under investigation or arrested for real estate fraud in Miami?
Former prosecutor Dennis Gonzalez Jr. defends individuals facing federal and state fraud charges in the Southern District of Florida.
Confidential consultations. Available 24/7. Hablamos español.
Miami's Real Estate Boom Has a Criminal Side
South Florida's real estate market generates billions in investment every year. It also generates federal criminal investigations. When a development collapses, when investor funds are unaccounted for, when financial statements do not match reality — the FBI, IRS Criminal Investigation, and the U.S. Attorney for the Southern District of Florida get involved.
And the people who get charged are not always the developers. They are CFOs, accountants, brokers, title agents, sales associates, consultants, and family members who handled transactions the government now calls fraudulent.
Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who defends individuals charged with federal and state real estate fraud offenses. He understands how prosecutors build these cases — because he used to build them.
Federal Real Estate Fraud Charges Defended
Wire & Mail Fraud
18 U.S.C. § 1343 / § 1341 — Up to 20 years per count, or up to 30 years when affecting a financial institution. Every email, wire transfer, or mailed document in furtherance of the scheme can be charged as a separate count. This is the cornerstone charge in virtually every real estate fraud prosecution.
Bank Fraud
18 U.S.C. § 1344 — Up to 30 years per count. The heaviest charge in most real estate fraud indictments. Applies when the government alleges that a financial institution was deceived to obtain financing, credit lines, or loan approvals.
Money Laundering
18 U.S.C. § 1956 — Up to 20 years per count for concealment or promotional laundering. 18 U.S.C. § 1957 — Up to 10 years per count for monetary transactions exceeding $10,000 derived from a specified unlawful activity. When funds from the alleged fraud are transferred, deposited, or spent, the government adds laundering charges on top of the fraud.
Tax & Payroll Fraud
26 U.S.C. § 7201 / § 7202 — Up to 5 years per count. Diverted funds that were never reported as income become tax evasion charges. Withheld payroll taxes that were not remitted to the IRS become separate criminal counts.
Conspiracy
18 U.S.C. § 1349 / § 371 — Up to 20 years (§ 1349) or 5 years (§ 371). You do not have to personally commit fraud to be charged with conspiracy. If the government alleges you agreed to participate in a plan that included fraud, you face conspiracy charges even if your individual role appeared legitimate.
Florida State Charges
§ 817.034 / § 896.101, Fla. Stat. — Florida's organized scheme to defraud and state money laundering statutes carry up to 30 years. Some real estate fraud cases are prosecuted in state court rather than federal. Dennis handles both.
Who Gets Charged When a Real Estate Fraud Scheme Collapses
The developer or principal is usually arrested first. But federal prosecutors in the Southern District build outward from the center. Individuals who are frequently swept into these investigations include:
▸ Company officers, CFOs, and financial controllers
▸ Real estate brokers and sales agents
▸ Title agents and escrow officers
▸ Accountants and bookkeepers
▸ Attorneys who prepared documents used in the scheme
▸ Consultants and contractors who received payments
▸ Straw buyers and signatories on loan documents
▸ Family members who received or held assets
Many of these individuals had no criminal intent. Some were simply doing their jobs. But federal wire fraud and conspiracy charges are broad enough to sweep in anyone who touched a transaction the government later characterizes as fraudulent.
If you are connected to a real estate project that is now under investigation — in any capacity — you need a criminal defense attorney. Not a civil attorney. Not a real estate attorney. A criminal defense attorney who handles federal fraud cases.
How Dennis Gonzalez Jr. Defends Real Estate Fraud Cases
Pre-Indictment Intervention
The best outcome in a fraud case is often no charges at all. When investigators reach out — or when you learn an investigation exists — there is a window to present your side before a grand jury returns an indictment. Dennis engages with prosecutors during the investigation stage to present mitigating evidence, explain your role, and demonstrate good faith.
The Intent Defense
Fraud requires proof of specific intent to deceive. A failed business is not a crime. An optimistic projection is not wire fraud. Good faith reliance on professional advice — from lawyers, accountants, or consultants — is a complete defense. Dennis builds the intent defense from the first conversation and maintains it through trial.
Forfeiture Challenges
The government does not wait for a conviction to seize your property. Civil forfeiture runs parallel to the criminal case. Dennis files forfeiture challenges immediately to protect your assets — your home, your accounts, your business — from seizure before trial.
Sentencing & Restitution Mitigation
In federal fraud cases, the sentence is driven primarily by the loss amount under U.S. Sentencing Guidelines § 2B1.1. Dennis challenges the government's loss calculations aggressively — because the difference between a $1 million loss and a $10 million loss can mean the difference between probation and a decade in federal prison. He also negotiates restitution amounts and payment structures to prevent lifetime financial devastation.
Under Investigation? What to Do Right Now.
Do not speak to federal agents without an attorney present.
Making a false statement to a federal agent is a crime under 18 U.S.C. § 1001 — even if you are not under oath. Agents are trained to obtain statements that can later be used against you. Politely decline to answer questions and call a criminal defense attorney immediately.
Do not destroy documents, delete emails, or move assets.
Obstruction of justice carries up to 20 years. Destroying evidence after becoming aware of an investigation can turn a defensible case into an indefensible one.
Call a criminal defense attorney before you do anything else.
The difference between a pre-indictment resolution and a multi-count federal indictment is often the quality and timing of your defense attorney's intervention. Every day you wait is a day the government builds its case without opposition.
Call Now. Do Not Wait for the Indictment.
Former prosecutor. Federal and state fraud defense. Serving Miami-Dade, Broward, and the entire Southern District of Florida.
Confidential. Available 24/7.
Dennis Gonzalez Jr., P.A.
Former Miami-Dade Assistant State Attorney
Top 1% — National Association of Distinguished Counsel (Criminal Defense)
11401 SW 40 Street, Suite 250, Miami, FL 33165
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