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915 Miami Center
201 South Biscayne Blvd.
Miami, Florida 33131

 

Tel: 305.446.6116
Fax: 305.448.1782
E-mail: info@mjrosenlaw.com

Notice

Michael J. Rosen, PA., chooses not to list its clients' names on the website or elsewhere, as a statement of respect for their privacy, although these cases are often a matter of public record.

Areas of Practice

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Applies to actions that employ a scheme or artifice to defraud a financial institution, by means of false or fraudulent pretenses, to obtain moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of the financial institution, by means of false or fraudulent pretenses, representations, or promises.

With the advent of the computer/internet, the amount of available websites and online chat rooms has created a new and very dangerous area of the law. Dangerous because the ease of access and the length of potential punishment. This crime includes possessing, transmitting and creating of pornography with minors. Critical to the defense of this crime is in depth computer forensics. This firm has teamed up with the "best of the best" to refute these charges.

The crime of talking about committing a crime is rather unique to the United States. An agreement with another (not a federal agent), to commit a criminal act, is the crime of conspiracy.

Refers to a wide variety of crimes involving controlled substances. This includes possession, possession with intent to distribute, distribution, trafficking, transportation, cultivation and conspiracy to do any of the above.

Often referred to as "white-collar crime", includes a wide range of criminal offenses such as mail fraud, wire fraud, bank fraud, tax fraud, securities fraud, money laundering, and violations of the Foreign Corrupt Practices Act:

An anti-bribery statute that makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. Specifically, the anti-bribery provisions of the FCPA prohibit the willful use of interstate commerce corruptly in furtherance of "a bribe" to a foreign official to influence or induce the foreign official to do or omit doing an act in violation of his or her lawful duty, or to secure an improper business advantage.

Often involves the filing of false health care claims, Medicare fraud and kickbacks. Whistleblower claims and Corporate Compliance frequently play a role in healthcare fraud cases.

Occurs when the United States mail or wire services are used in furtherance of a criminal act. Each of the following elements must be established beyond a reasonable doubt in order to obtain a mail fraud conviction: (1) the defendant must engage in a scheme to defraud; (2) the scheme must involve material misstatements or omissions; (3) the scheme results, or would result upon completion, in the loss of money, property, or honest services; (4) interstate use of the U.S. mail and private carrier or wires (fax or phone) in furtherance of scheme to defraud.

Occurs with virtually any form of financial transaction involving funds associated with statutorily specified unlawful activity.

Occurs when both criminal and civil investigations are simultaneously in progress. The proceedings usually involve federal administrative agencies, such as the SEC or IRS. This requires extraordinary care in document production, witness interviews and close monitoring of both inquiries.

Known as RICO, this criminal statute (both State and Federal) covers a wide spectrum of criminal offenses. This underlying criminal conduct must be proven, as well as that the defendant engaged in, through or by a continuing related pattern of conduct and also mandates proof of an enterprise. As with all criminal offenses, these are essential elements which must be proven beyond a reasonable doubt to obtain a RICO conviction. RICO was first enacted to target organized crime; named after the movie star Caesar Enrico "Rico" Bandello, in the movie "Little Caesar". Today, RICO is used to prosecute, not just those affiliated with organized crime, but is widespread in its application (police department- Key West; insider trading- Milken; businesses- Mohawak-Industries; alien hiring, etc.).

Pertains to theft from or manipulation of the market, theft from securities accounts, stockholders misconduct and mail/wire fraud involving any publicly traded company that is governed by the rules and regulations of the Securities and Exchange Commission (SEC).

Violations pertaining to any criminal offenses referring or relating to the Internal Revenue Service. These offenses include, but are not limited to, failure to file tax returns, tax evasion, generally defined as using an illegal or improper means for the purpose of evading the payment of taxes, and filing tax returns which contain false statements.

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American Board of Criminal Lawyers
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