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Federal Criminal Defense

Federal Cybercrime Defense

Federal cybercrime charges under the Computer Fraud and Abuse Act carry up to 10–20 years per count. If the FBI has executed a search warrant or reached out to you, the investigation is already advanced. You need defense counsel who understands both the law and the technology.

Maximum Exposure
10 years per CFAA count (20 years if critical infrastructure); up to 20 years for wire fraud; mandatory 2 years consecutive for aggravated identity theft
Key Statutes
  • 18 U.S.C. § 1030 (Computer Fraud and Abuse Act)
  • 18 U.S.C. § 1343 (Wire Fraud)
  • 18 U.S.C. § 1028A (Aggravated Identity Theft)
  • 18 U.S.C. § 2511 (Wiretap Act)
  • 18 U.S.C. § 2701 (Stored Communications Act)
  • 18 U.S.C. § 1030(a)(5) (Ransomware / Damaging Protected Computers)

Federal Cybercrime: Why South Florida Is a Primary Target

The Southern District of Florida sits at the intersection of international finance, global telecommunications, and a massive concentration of financial institutions — making it one of the FBI Cyber Division's most active theaters for federal cybercrime prosecution.

Federal cybercrime cases in SDFL increasingly involve business email compromise, cryptocurrency theft and fraud, ransomware deployment, dark web transactions, and AI-assisted fraud operations. The DOJ Cybercrime Unit has dedicated resources specifically to the Southern District, and cooperation between the FBI Miami Field Office and international law enforcement partners has dramatically shortened investigation timelines.

If federal agents have contacted you, executed a search warrant, or if you know you are connected to an investigation — you are not dealing with a local matter. You are dealing with a federal apparatus that has been building its case before you knew it existed.

The Most Commonly Charged Federal Cybercrime Offenses

Computer Fraud and Abuse Act (18 U.S.C. § 1030) is the foundation of virtually every federal computer crime prosecution. Its scope is breathtaking — any unauthorized access to any internet-connected computer qualifies as a "protected computer." Courts have struggled to define the boundaries of "unauthorized access," and recent Supreme Court jurisprudence in Van Buren v. United States (2021) has narrowed — but not eliminated — the government's reach.

Wire fraud (18 U.S.C. § 1343) is stacked on top of CFAA charges whenever financial transactions are involved — which is nearly always. Wire fraud carries up to 20 years per count and is the preferred vehicle for BEC fraud, phishing schemes, and any cybercrime involving a financial institution.

Aggravated identity theft (18 U.S.C. § 1028A) adds a mandatory, non-waivable 2-year consecutive sentence on top of any underlying cybercrime conviction whenever stolen identity credentials were used. Federal prosecutors deploy this charge routinely in hacking and BEC cases to prevent plea bargaining from reducing total prison time.

Cryptocurrency and dark web offenses are an increasingly dominant category in SDFL prosecutions — ranging from Bitcoin mixing and darknet market transactions to NFT fraud and exchange manipulation.

How We Defend Federal Cybercrime Cases

Federal cybercrime defense requires an attorney who understands both the law and the technology. The government's digital forensic evidence is only as reliable as its chain of custody and methodology. We challenge both.

Digital forensics defense. Federal agents use commercial and proprietary tools to extract and interpret data from seized devices. These tools make errors. Metadata can be misread, deleted files misattributed, and IP logs misinterpreted. We retain independent digital forensics experts who can audit the government's methodology and identify errors in their evidence narrative.

CFAA authorization challenges. The critical question in many CFAA cases is whether access was truly "unauthorized." Employees accessing company systems, security researchers, and individuals operating under ambiguous IT permission structures have strong arguments that their access was authorized or exceeded only in technical, not legal, terms. Post-Van Buren, these arguments have increasing legal support.

Search and seizure challenges. Federal cybercrime search warrants are broad — sometimes overbroad. We evaluate every warrant for Fourth Amendment compliance, particularity requirements, and whether the government exceeded its authorization. Suppression of evidence obtained from overbroad digital searches has succeeded in multiple federal circuit courts.

Tracing attribution. In network intrusion cases, the government must prove you conducted the attack — not just that it came from your IP address, your account, or your device. IP addresses can be spoofed, accounts compromised, and devices shared. We scrutinize the technical attribution chain for every weakness.

Related Results

Southern District of New York (Foley Square) · 2010-2012
United States v. A.R
Internet Pharmacy Conspiracy
Result
Time Served, Supervised Release for 18 months
View all case results

Frequently Asked Questions

Facing Federal Cybercrime Charges?

Time is your most valuable asset in criminal defense. The earlier we get involved, the stronger your defense will be. Call Aaron M. Cohen 24 hours a day.