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Federal Criminal Defense

Federal Fraud and White-Collar Crime Defense

Most federal fraud prosecutions rest on a handful of statutes: wire fraud, mail fraud, bank fraud, conspiracy, and money laundering, charged in layers so that one business dispute becomes a dozen counts. These cases are won or lost on three questions: what the defendant intended, whether the alleged misstatement mattered to the person who relied on it, and how the loss is calculated, because loss drives the sentence.

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  • Aaron M. Cohen, more than 30 years of federal criminal defense. Executives, professionals, and business owners nationwide.
Federal Fraud and White-Collar Defense

The Federal Fraud Statutes, and What They Carry

ChargeStatuteMaximum prison term
Wire fraud18 U.S.C. § 134320 years; 30 if a financial institution is affected
Mail fraud18 U.S.C. § 134120 years; 30 if a financial institution is affected
Bank fraud18 U.S.C. § 134430 years
False statement to a lender18 U.S.C. § 101430 years
Securities fraud18 U.S.C. § 134825 years
Conspiracy to commit fraud18 U.S.C. § 1349Same as the underlying offense
Conspiracy to defraud the United States18 U.S.C. § 3715 years
Money laundering18 U.S.C. §§ 1956, 195720 years; 10 years
Bankruptcy fraud18 U.S.C. §§ 152, 1575 years
Aggravated identity theft18 U.S.C. § 1028AMandatory 2 years, consecutive
False statements to federal agents18 U.S.C. § 10015 years

Florida prosecutes the same conduct under its own law. An organized scheme to defraud of $50,000 or more is a first-degree felony under Fla. Stat. § 817.034, punishable by up to 30 years.

Statutory maximums are rarely the sentence. The sentencing guidelines, driven by the loss amount, usually decide it.

The Supreme Court Has Been Redrawing Federal Fraud

In Ciminelli v. United States (2023), the Supreme Court rejected the "right to control" theory, holding that depriving someone of information needed to make a discretionary economic decision is not by itself wire fraud; the scheme must target money or property. In Percoco v. United States (2023), the Court narrowed honest services fraud for private citizens. In Kousisis v. United States (2025), the Court went the other way, holding that a defendant who uses material misrepresentations to induce a transaction can be convicted of wire fraud even if the victim received what it paid for.

The result is a body of law where the government's theory matters as much as the facts. Indictments drafted before these decisions, and jury instructions that track old theories, are open to challenge.

Federal Fraud Cases We Defend

Where Federal Fraud Cases Are Won

  • Before indictment. The government decides whom to charge, with what, and in how many counts long before a grand jury votes. A written defense presentation, delivered at the right moment, can narrow or stop a case.
  • Intent and good faith. Fraud requires intent to deceive. Reliance on lawyers, accountants, and compliance staff, honest business optimism, and contract disputes are not crimes.
  • Materiality. A misstatement must be capable of influencing the decision it is aimed at. Many do not.
  • Loss, restitution, and forfeiture. These are three different numbers, calculated under different rules, and the government often treats them as one. Separating them can materially change both the sentence and the judgment.
  • Cooperation decisions. In multi-defendant cases, timing decides who gets credit. That decision has to be made with full information and early.
  • Sentencing. Most federal cases end at sentencing. We build mitigation from the first week of the case, not the last.

Who We Represent

Chief executives and corporate officers. Business owners and founders. CPAs, lawyers, and financial advisors. Loan officers, brokers, and title agents. Fund managers and sales agents. Employees caught in an investigation of their company. Organizations conducting internal investigations.

Federal Fraud Defense Nationwide

Federal fraud is prosecuted the same way in every district. AMC Defense Law represents clients in Florida, New York, New Jersey, North Carolina, Texas, California, and other federal districts, appearing pro hac vice where required.

Who Handles Your Case

Aaron M. Cohen has defended federal fraud and financial crime cases for more than 30 years. Our team includes a federal investigations consultant who is a former FBI Supervisory Special Agent and a Certified Public Accountant licensed in Ohio and Florida, with a career investigating money laundering and complex financial crime. When the government's case is built on bank records and spreadsheets, we can test its numbers the way an investigator would.

Frequently Asked Questions

Non-violent crimes involving deception for financial gain, most often prosecuted federally as wire fraud, mail fraud, bank fraud, securities fraud, money laundering, and conspiracy. Healthcare fraud, bankruptcy fraud, and pandemic loan fraud are common examples.

Under the federal sentencing guidelines, the offense level rises with the loss amount, the number of victims, and other factors. Judges must consider the guidelines but are not bound by them, and can vary based on the factors in 18 U.S.C. § 3553(a).

Yes. After Kousisis v. United States (2025), a scheme that uses material misrepresentations to induce a transaction can be wire fraud even without economic loss. The government must still prove intent and materiality, and loss still affects the sentence.

Generally five years. Bank fraud, and wire or mail fraud affecting a financial institution, carry ten years (18 U.S.C. § 3293).

Yes. Conspiracy requires an agreement to commit the offense and knowing participation. A defendant can be held responsible for the reasonably foreseeable conduct of co-conspirators, which is why role and knowledge are central to the defense.

It depends on the facts, the evidence, your role, and the alternatives. Cooperation can reduce a sentence substantially, but it has costs and risks. Do not make that decision, or have any conversation with investigators, without counsel.

Often, yes. Company counsel represents the company. If your interests may differ from the company's, you need independent counsel.

Yes. We represent clients in federal fraud investigations and prosecutions nationwide.

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Related Practice Areas

Federal Criminal Defense

Wire Fraud

Wire fraud under 18 U.S.C. § 1343 is one of the most frequently charged federal crimes, and one of the most flexible tools in a federal prosecutor's toolkit. Any scheme to defraud that uses a wire communication crosses into federal jurisdiction. The penalty is up to 20 years per count.

Federal Criminal Defense

Money Laundering

Federal money laundering charges under 18 U.S.C. § 1956 carry up to 20 years per count. When federal prosecutors target financial transactions in South Florida, you need defense counsel who knows exactly how they build these cases, and how to dismantle them.

Federal Criminal Defense

Mortgage & Bank Fraud

Federal bank fraud under 18 U.S.C. § 1344 carries 30 years per count, among the highest maximum penalties in white-collar federal law. Mortgage fraud schemes in South Florida frequently involve multiple properties, multiple counts, and loss calculations that drive guidelines ranges far beyond what prosecutors publicly state in charging documents.

Federal Criminal Defense

Ponzi & Securities Fraud

If the SEC has served a subpoena or the FBI has appeared at your office, the government already has your bank records, your investor list, and your marketing materials. Ponzi and investment fraud cases are built quietly and charged late. This page is for people and firms accused of running one. We defend the accused. We do not represent investors seeking to recover losses.

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Before the Government Decides, Make Your Case

Fraud investigations run for months before anyone is charged. The earlier the defense starts, the more of the outcome it can shape. Call now or request a confidential review.

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This page is attorney advertising and general information, not legal advice. Contacting AMC Defense Law does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Aaron M. Cohen, Esq., is responsible for the content of this page. AMC Defense Law, 1200 N. Federal Highway, Suite 300, Boca Raton, Florida 33432.

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