Orlando Cyber Crimes Attorney

Federal Cybercrime Enforcement Is More Aggressive and Sophisticated Than Ever

As the scale of internet crimes and associated losses continue to grow, federal law enforcement has made fighting cybercrime a priority. The Department of Justice now devotes more investigative resources to suspected cybercrime than ever before. Its Computer Crime and Intellectual Property Section helps develop federal cyber-enforcement strategy, assists federal prosecutors and agents, supports complex cyber investigations and provides guidance concerning the collection and use of electronic evidence.

The large alleged financial losses or suspicious digital activity the government’s investigations turn up, do not, however, automatically establish that a particular person committed a federal crime. Electronic evidence must still be connected to the defendant, the government must prove the required criminal intent, and prosecutors must establish every element of every charged offense beyond a reasonable doubt.

That is why having experienced federal defense counsel is essential. If you are being investigated by the federal government or have reason to believe you may be involved in a federal cybercrime investigation, it is crucial to have an experienced federal cybercrime attorney protecting your rights as early as possible.

Attorney David Haas is a former federal prosecutor who spent nearly 10 years as an Assistant United States Attorney and has firsthand experience investigating and prosecuting complex cybercrime, cryptocurrency, fraud and financial cases. He understands how federal agents build digital cases, how prosecutors evaluate evidence and charging decisions, and where weaknesses in the government’s case may exist. Today, he uses that experience to defend individuals facing serious federal investigations and charges.

Contact Haas Law at 407-755-7675 or complete our online contact form to discuss your situation and learn how we can begin protecting you NOW – before critical, life-changing decisions are made.

Cybercrimes Investigated and Charged by the Federal Government 

Computer systems and electronic communications routinely cross state and national boundaries, financial transactions frequently travel through interstate banking networks, and many federal statutes specifically regulate computers, electronic communications, financial institutions and interstate commerce. Consequently, conduct that begins with a laptop, cellphone, email account, online platform or cryptocurrency wallet may quickly become the subject of a federal criminal investigation involving the FBI, U.S. Secret Service, Homeland Security Investigations, IRS Criminal Investigation, U.S. Postal Inspection Service or other federal agencies.

Depending on the results of a federal cyber investigation, allegations may include:

• Computer Fraud and Abuse Act violations – 18 U.S.C. § 1030. The Computer Fraud and Abuse Act (CFAA) is the principal federal statute used to prosecute many forms of unauthorized computer access and computer-related misconduct. It covers several different offenses, including obtaining certain information through unauthorized access, accessing protected computers in furtherance of fraud, intentionally damaging protected computers and certain forms of computer-related extortion. The precise charge and potential punishment depend on the subsection involved and the facts of the case.
• Hacking and unauthorized access. Allegations may involve breaking into company networks, cloud accounts, email systems, databases or individual accounts, or exceeding permitted access to obtain protected information.
• Wire fraud – 18 U.S.C. § 1343. Many online fraud cases include federal wire fraud because emails, websites, electronic payments, text messages or other interstate electronic communications allegedly were used to further a fraudulent scheme. A standard violation of the federal wire fraud statute can carry up to 20 years in prison.
• Identity theft and aggravated identity theft. Cyber investigations involving stolen credentials, account takeovers, SIM swapping, personal identifying information or fraudulent accounts can lead to identity-theft charges under 18 U.S.C. § 1028.
• Phishing, business email compromise and account takeover schemes. Federal prosecutors may allege that fraudulent emails, text messages, websites or login pages were used to obtain passwords, financial information or access credentials. Federal law also separately addresses certain fraudulent activity involving electronic mail under 18 U.S.C. § 1037.
• Ransomware and cyber extortion. Allegations may involve malware, encryption of computer systems, threats to disclose confidential information, denial-of-service attacks or demands for cryptocurrency or other payment. Depending on the conduct alleged, prosecutors may rely on the CFAA as well as federal statutes governing interstate threats and extortion, including 18 U.S.C. § 875.
• Cryptocurrency fraud and money laundering. Cryptocurrency may become part of a cyber investigation when prosecutors allege that digital assets were stolen, obtained through fraud, transferred to conceal their source or moved through wallets, exchanges or other accounts to launder criminal proceeds. Depending on the circumstances, prosecutors may bring charges under the federal money-laundering statute, 18 U.S.C. § 1956, or for engaging in monetary transactions involving criminally derived property under 18 U.S.C. § 1957, in addition to wire fraud or other charges.
• Cyberstalking, online threats and harassment. Certain threatening or stalking conduct carried out through interstate electronic communications can trigger allegations involving federal statutes, including 18 U.S.C. § 875 and 18 U.S.C. § 2261A.
• Dark web and internet drug offenses. Federal authorities investigate alleged drug distribution through encrypted applications, cryptocurrency transactions and dark-web marketplaces. Depending on the alleged conduct, these cases may result in charges for distribution or possession with intent to distribute controlled substances under 21 U.S.C. § 841; conspiracy or attempt to commit a federal drug offense under 21 U.S.C. § 846; money laundering under 18 U.S.C. § 1956; engaging in monetary transactions involving criminally derived property under 18 U.S.C. § 1957; wire fraud; computer-related offenses; or other federal crimes.

Federal cybercrime cases are rarely as simple as a single alleged act resulting in a single charge. The same emails, online communications, financial transactions, computer activity or cryptocurrency transfers may be used by federal prosecutors to support multiple felony counts involving computer fraud, wire fraud, identity theft, conspiracy, money laundering or other federal offenses. Each additional charge can increase the complexity of the case and potentially increase your sentencing exposure. For that reason, anyone who is under investigation or has reason to believe a federal cyber investigation may involve them should seek help from an experienced federal criminal defense attorney as early as possible.

An experienced federal defense attorney who understands federal investigations, digital evidence and federal charging practices, can evaluate the government’s allegations, identify potential weaknesses in the evidence and begin developing a defense before critical decisions about charges are made. Call David Haas today at 407-755-7675 or fill in the “Tell Us What Happened” form on our website to get the federal defense experience and expertise you need.

Why Early Intervention by an Experienced Federal Defense Attorney Matters

Federal cyber investigations frequently begin long before you realize that a criminal case may be developing. Agents may obtain information from internet service providers, banks, cryptocurrency exchanges, social-media companies, cloud-storage providers, employers, online platforms and other third parties. They may execute search warrants for homes, offices, computers, mobile phones and online accounts, and they may use witness statements, undercover communications, confidential sources or statements you made before you fully understood you were a target of an investigation.

Investigators can also attempt to reconstruct activity using IP-address records, login histories, browser data, emails, text messages, location information, metadata, financial records and files recovered from electronic devices. They may attempt to use seemingly private digital activity as evidence of knowledge, motive or intent. In cryptocurrency cases, they may also use blockchain analysis, exchange records and financial data to attempt to trace transactions across wallets and platforms.

Simply put, the government may have accumulated months or even years of electronic evidence before notifying you that you’re being investigated. That is why what you do at the beginning of a federal cyber investigation can matter so much.

Talking to agents without counsel, deleting information, attempting to “clean up” accounts, contacting potential witnesses or trying to explain suspicious electronic activity on your own can make a difficult situation considerably worse. An experienced federal defense attorney can communicate with investigators and prosecutors on your behalf, determine whether you are considered a witness, subject or target, evaluate the government’s allegations and begin developing a strong defense strategy before decisions about indictment have been finalized.

Many people make the mistake of waiting until they have been arrested or indicted before hiring a federal criminal defense attorney. Unfortunately, by then, important opportunities could have been lost.

At the pre-indictment stage, an experienced federal defense attorney may be able to learn more about the nature of the government’s investigation, preserve favorable electronic evidence, prevent damaging communications with investigators, challenge assumptions regarding your role, and present information that prosecutors might not otherwise consider. In some cases, prosecution can then be avoided. If not, the work performed during the investigation can become the foundation for suppression motions, discovery analysis, negotiations, trial preparation and sentencing advocacy.

Don’t wait until it’s too late. Get the help you need to protect your rights and your future by calling David Haas today at 407-755-7675 or filling in the “Tell Us What Happened” form on our website.

Defending Against Federal Cybercrime Allegations

The enormous quantity of electronic evidence that can exist in a cyber case may make the government’s case appear overwhelming. Volume, however, is not the same thing as proof. Digital evidence must be interpreted in context. An IP address may identify an internet connection without conclusively identifying the person using it. A device may have multiple users. Credentials can be stolen. Accounts can be compromised. Files can be automatically synchronized across devices. Cryptocurrency may pass through numerous wallets or exchanges. Metadata, timestamps and account records may require technical interpretation.

Likewise, evidence that someone accessed a computer does not necessarily establish that the access was unauthorized or that the individual acted with the criminal intent required by the statute. There can be an important difference between accessing a computer without authorization, obtaining information that you were not authorized to access and improperly using information that you were otherwise permitted to obtain. An experienced federal cybercrime defense attorney will examine exactly what access was authorized, who granted it, what restrictions existed, what you knew about those restrictions and what the electronic evidence actually proves occurred.

Depending on the facts, potential defense issues may include:

• Whether the government can prove who actually performed the alleged activity;
• Whether computer or account access was actually unauthorized;
• Whether the defendant knowingly exceeded authorized access;
• Whether prosecutors can establish the required intent to defraud, damage a computer or commit another charged offense;
• Whether another person’s conduct has been incorrectly attributed to the defendant;
• Whether IP-address, device, login, metadata or other technical evidence reliably identifies the defendant;
• Whether electronic evidence was properly collected, preserved and interpreted;
• Whether search warrants or seizures complied with the Fourth Amendment;
• Whether alleged financial losses were actually caused by the defendant’s conduct;
• Whether the evidence proves knowing participation in an alleged conspiracy;
• Whether government witnesses or cooperating defendants are credible; and
• Whether statements attributed to the defendant were accurate, voluntary and obtained lawfully.

Attorney David Haas brings specific experience to complex cybercrime cases involving financial fraud, cryptocurrency and complex money flows. As a former federal prosecutor, he handled sophisticated white-collar investigations involving fraud, money laundering, financial crimes, cybercrime and cryptocurrency, giving him firsthand insight into how federal agents trace transactions, analyze digital records and build cases around alleged financial losses. He now uses that experience to challenge the government’s interpretation of electronic and financial evidence, identify weaknesses in its theory and develop defense strategies designed to protect clients facing serious federal cybercrime allegations.

The earlier Attorney David Haas becomes involved in your case, the greater the opportunity to preserve favorable evidence, address potentially damaging assumptions, communicate with investigators and prosecutors, and pursue strategies that may reduce the scope of the investigation or, when possible, help prevent charges from being filed at all. Contact Attorney David Haas today to get started on your defense strategy.

Federal Cyber Crime Penalties Can Be Severe

There is no single penalty for a federal cybercrime. The sentence depends on the specific statutes charged, your criminal history and your role in the crime, financial loss, number of victims, type of information involved, alleged sophistication of the conduct and numerous other factors.

Wire fraud, for example, ordinarily carries a statutory maximum of 20 years per count. Aggravated identity theft generally adds a mandatory two-year consecutive sentence when its requirements are satisfied. Other charges, including money laundering, conspiracy and additional fraud offenses, can further increase the potential exposure.

The statutory maximum for offenses tells only part of the sentencing story, however. In many federal cybercrime and financial fraud cases, the Federal Sentencing Guidelines play an important role in determining the advisory sentencing range. Factors such as the harm suffered by victims and whether a position of trust or special skill was allegedly used to facilitate the crime can significantly increase the advisory guideline range, even when you have little or no prior criminal history.

A conviction can also result in substantial fines, restitution, forfeiture of money and property, supervised release and restrictions affecting computer or internet use. Professionals and business owners can face licensing, employment and reputational consequences as well. For non-U.S. citizens, a federal conviction may also create serious immigration consequences.

Because potential sentencing exposure should be evaluated from the beginning of a cybercrime case to challenge unsupported loss calculations, enhancements and other allegations that could substantially increase the sentence, Haas Law takes a “Day One” approach to federal sentencing issues.  While we hope for the best possible outcome for each case, we are prepared to mitigate a sentence to be as low as possible.

Why Choose Former Federal Prosecutor David Haas for Your Cybercrime Defense Attorney?

Federal cybercrime cases require an unusual combination of federal criminal law experience, investigative knowledge, understanding of digital evidence and courtroom skill. Attorney David Haas brings that combination to his defense practice.

Before founding Haas Law, he served for nearly 10 years as an Assistant United States Attorney in the Middle District of Florida. As a federal prosecutor, he handled complex white-collar investigations involving bank fraud, mortgage fraud, tax fraud, healthcare fraud, money laundering, FOREX trading and Ponzi and investment schemes. He also gained significant experience handling cybercrime and cryptocurrency prosecutions, including cases involving controlled-substance trafficking through the internet and TOR-accessed markets and working with federal investigative agencies, including the FBI, IRS, DEA, U.S. Postal Inspection Service and U.S. Secret Service.

That experience and perspective can be particularly valuable in a cyber case. Haas understands how Assistant United States Attorneys evaluate federal investigations. He understands grand jury investigations, search warrants, electronic evidence, cooperating witnesses, plea negotiations and the Federal Sentencing Guidelines. He also understands how the government’s theory of a complex case develops and where weaknesses in that theory may be exposed.

Attorney Haas also has extensive federal court experience that he utilizes to successfully navigate the federal system, develop strong defense strategies and help every client achieve the best possible outcome.

If you are being investigated for a cybercrime or have already been charged with one, you need an experienced federal defense attorney protecting your rights and building a strategic defense. Call Haas Law at 407-755-7675 or complete our “Tell Us What Happened” form to get the help you need today.