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White-collar crime is a broad term for non-violent, financially motivated offenses that turn on documents and money rather than force — fraud, embezzlement, money laundering, tax offenses, bribery, and the like. The phrase was coined to describe crimes committed by people in business and the professions, but today it covers a sweeping range of conduct. What unites these offenses is not a particular industry or dollar figure; rather, they are built from records — emails, bank statements, ledgers, loan applications, billing data — and the central question is almost always intent. The same email can be evidence of a crime or evidence of ordinary business, and which one it becomes often depends entirely on the quality of the defense.
In South Florida, most serious white-collar cases are investigated and prosecuted by the federal government rather than the state. That distinction matters enormously. Federal prosecution means the United States Sentencing Guidelines, federal agents with years to build a case, grand-jury subpoena power, and the unlimited resources of the Department of Justice. It also means a federal courthouse — with its own pace, its own prosecutors, and its own culture. Facing that system with a lawyer who rarely practices in federal court is one of the most costly mistakes a person under investigation can make.
White-collar offenses generally fall into a handful of areas. There are the fraud offenses — wire fraud, bank fraud, mail fraud, healthcare fraud, securities fraud, and the pandemic-era PPP and SBA loan fraud cases the government is still actively charging. There are financial concealment offenses, chiefly money laundering and embezzlement, which are layered on top of an underlying fraud to increase exposure and access assets. There are tax offenses under Title 26, including evasion and filing false returns. There are offenses against the integrity of markets and institutions — insider trading, bribery, and public corruption. And there is RICO, which gathers a pattern of offenses committed through an “enterprise” into a single, sprawling case. Brian Kirlew defends against all types of white-collar offenses and has the expertise and track record to prove it.
Federal white-collar offenses are governed primarily by Titles 18 and 26 of the United States Code, and a conviction carries far-reaching consequences. It can mean the seizure of bank accounts, the forfeiture of a home or business, restitution that outlives any sentence, and the loss of the professional license on which a career depends. Because the conduct is complex and the consequences are this severe, the single most important early decision you make is who defends you — and when you bring them in.
White-collar cases are rarely the work of a single detective. They are built by federal agencies with forensic specialists, accountants, and data analysts — frequently working in task forces and often coordinating with civil regulators. Knowing which agency is involved tells an experienced lawyer a great deal about how the case will be built and where it can be challenged.
The FBI investigates the broadest range of white-collar conduct — fraud, public corruption, healthcare fraud, and complex financial schemes. IRS Criminal Investigation (IRS-CI) handles tax offenses and follows the money in nearly every significant fraud and money-laundering case; its special agents are accountants as well as investigators. The Department of Health and Human Services Office of Inspector General (HHS-OIG) drives Medicare and Medicaid fraud cases, frequently using billing data to identify outliers before any human ever reviews a file. The Small Business Administration Office of Inspector General (SBA-OIG) and pandemic-fraud task forces continue to pursue PPP and EIDL loan cases. The Securities and Exchange Commission (SEC) pursues securities fraud and insider trading cases, often in parallel civil proceedings alongside criminal cases. The Department of Labor, the U.S. Postal Inspection Service, the Secret Service, and Homeland Security Investigations round out the agencies that regularly appear in South Florida white collar matters.
Two features of this landscape matter for your defense. First, these investigations are quiet and long: agencies gather records and interview witnesses for months or years before making contact, which means by the time you learn of the case, much of it is already built. Second, parallel proceedings are common — a criminal investigation can run alongside an SEC enforcement action, an IRS audit, or a civil False Claims Act suit, and a misstep in one can devastate the others. Coordinating the response across all fronts is a core part of competent white-collar defense.
Not every criminal defense lawyer is equipped for a federal white-collar case, and not every lawyer who advertises white-collar experience has actually carried these cases through to the end. These matters reward specific, hard-won experience, and the wrong fit can quietly cost you the only thing that matters — the outcome. Here is what to look for and what to ask.
This is the single most important factor, and the one most often overlooked. The overwhelming majority of self-proclaimed white-collar lawyers have never tried a case to verdict. They resolve everything by plea because the government knows they will never go to trial — and a prosecutor who knows your lawyer will not try the case has little reason to offer a favorable deal. The credible possibility of trial is precisely what produces good resolutions short of trial. Ask any lawyer you are considering a direct question: how many cases have you personally tried to a jury? When was the last time you tried a case to a jury? If the honest answer is a handful or none, or a long time ago, you are negotiating from a position of weakness before you even start.
Federal court is a different world. It has its own rules of procedure and evidence, its own sentencing regime in the United States Sentencing Guidelines, and its own culture of practice that you only learn by being there. A lawyer who spends nearly all of his or her time in state court is learning federal practice on your case, at your expense. You want counsel who genuinely appears in federal court, knows the Assistant U.S. Attorneys and the judges, and understands how charging and sentencing decisions are actually made in that district
In a white-collar case, the most valuable work frequently happens before any charge is ever filed. A skilled lawyer can present exculpatory facts to the prosecutor, challenge the government’s theory of the case, negotiate your status from target to subject or witness, and — in the right circumstances — persuade the government to decline charges entirely. That pre-indictment window is the highest-leverage period in the entire matter, and once an indictment is returned, many of those options close for good. Choose a lawyer who knows how to work that window, not only the courtroom.
White-collar cases are won in the details The right lawyer does not just read the government’s spreadsheets; he tests them — with forensic accountants who can challenge the loss calculation that drives the sentence, investigators who can find the witnesses the government overlooked, and mitigation specialists who can tell the human story behind the records. A lawyer without access to those resources is bringing a knife to a forensic fight.
For a professional or a business owner, how a case is handled can matter almost as much as how it ends. Banking relationships, a professional license, and a reputation built over decades are all in play. You want a lawyer with the judgment to know when to fight loudly and when to resolve a matter quietly, protecting not just your liberty but your livelihood.
Finally, you want a lawyer who tells you the truth, returns your calls, and gives you a clear-eyed assessment of where you stand — not false comfort, and not a sales pitch. In a case this serious, candor is not a luxury. It is the foundation of every good decision you will make. You need a lawyer and legal team with open lines of communication.
There are many lawyers in Miami who say they handle white-collar and federal cases. Some are excellent. The overwhelming majority of them are not. The advertising looks identical on the outside, which is precisely why it is useless as a basis for choosing. So rather than tell you that I am “experienced” or that I will “fight” for you — language that means nothing because everyone uses it — let me tell you concretely what separates the work I do, and let you judge for yourself.
Board Certification by The Florida Bar is the highest level of recognition the Bar grants for competence and experience in a specific area of law. In criminal trial law, it is not given for time served. It requires a substantial number of contested jury trials as lead counsel, peer review from judges and opposing lawyers who have watched you work, a rigorous written examination, and a demonstrated record of ethical practice. Most criminal lawyers in Florida are not board-certified — in fact, fewer than 2% are. Only the best of the best qualify. In a white-collar case, where the government brings its full resources to bear and the evidence is dense and technical, that credential tells you something that matters: the Bar has examined and vouched for me as a specialist in the courtroom — the room where these cases are ultimately won or lost. I am among the top 2% of criminal defense lawyers in the State of Florida.
Most white-collar cases do not go to trial — they are the product of negotiation and, often, resolution before charges are ever filed. But the lawyer’s trial record matters enormously even in cases that never see a jury, and here is why: a federal prosecutor negotiates very differently with a defense lawyer who tries cases than with one who does not. The willingness — and the proven ability — to put the government to the test changes the calculus on the other side of the table. I have tried more than 65 cases to verdict, before a jury, many of them federal and white-collar cases. Prosecutors in this community know that, and they know I am a skilled litigator. It is leverage that exists before a single word of negotiation is spoken, and it is leverage that a lawyer who quietly pleads out every case simply does not have.
Volume, by itself, is not a virtue. But volume combined with attention teaches you the patterns. After more than 5,000 cases over nearly 20 years, I can usually tell within the first conversation where a case is likely to go, what the pressure points are, and which of the government’s apparent strengths are real and which are bluff. I have seen how particular agencies build their cases, how forensic and financial evidence is assembled and where it is vulnerable, how particular prosecutors value particular charges, and how particular judges run their courtrooms. I have worked with almost every Assistant United States Attorney at some point in my career. That institutional knowledge of the federal and South Florida systems is not something a lawyer can read about. It earns one case at a time.
When you retain my firm, you are retaining me. You are not handed off to an associate who just graduated from law school. I understand the temptation, in a frightening situation, to hire the biggest billboard or the cheapest lawyer. But a white-collar case is intimate and complex. It requires the lawyer to actually know your facts, your business, who you are, and what is genuinely at stake for you — and that only happens when the lawyer arguing your case is the lawyer who has lived with it from the beginning.
A defense is not a speech delivered at the end. It is a structure built from the beginning — engaging with prosecutors before charges are filed, preserving evidence before it disappears, identifying the motions that can suppress what the government most needs, retaining forensic accountants while the trail is fresh, and shaping the narrative the government and, if necessary, a jury will eventually hear. The cases that resolve well almost always do so because the groundwork was laid early. In white-collar matters, the most valuable opportunities often exist before an indictment — and by the time most people realize they are in trouble, weeks of opportunity have sometimes already passed. The single most common thing I wish clients had done differently is call sooner.
I was elected President of the Miami-Dade Chapter of the Florida Association of Criminal Defense Lawyers by my peers — the other defense lawyers in this county — and earlier in my career I received that organization’s Outstanding Young Lawyer Award. Reputation is not a vanity. I have served on the Board of Directors of the Miami-Dade Bar Association, am a member of the Wilkie D. Ferguson Bar Association, and frequently teach criminal defense to young aspiring lawyers. In a system where lawyers, prosecutors, and judges interact repeatedly over many years, credibility is currency. When I tell a prosecutor or a judge that a particular fact is true, or that my client will not accept a particular offer, it is believed — because I have spent years not saying things that turn out to be untrue. That credibility benefits the people I represent in ways that never appear on any invoice.
Call 866-797-0612 now. The earlier I am involved, the more I can do — sometimes before charges are ever filed.
Every case turns on its own facts, but the firm’s record in white-collar and federal fraud matters reflects a consistent approach: intervene early, prepare relentlessly, and fight for the best possible outcome.
The firm has represented clients who learned they were under federal investigation. Through early intervention with prosecutors — before any indictment — Brian persuaded the government not to bring charges at all.
A client charged in a federal Paycheck Protection Program loan and wire fraud case faced a sentencing guideline range of nearly four years in prison. The result was a sentence of four months.
A business owner facing federal charges was sentenced to probation — with no time in federal prison — despite a guideline range calling for 18 to 24 months.
Results depend on the specific facts and circumstances of each case. Past outcomes do not guarantee or predict a similar result in any future matter. These descriptions are provided for general information; the clients are not identified to protect their privacy.
These are the white-collar matters I defend most often. Each links to a dedicated page with deeper detail.
The federal government’s workhorse charge — nearly any fraud touching a bank, an email, or an interstate transfer can be charged as wire or bank fraud, each count carrying up to 20 (or 30) years. Learn more about our wire and bank fraud defense.
Medicare and Medicaid billing cases built by DOJ and HHS-OIG data analytics — where the line between an aggressive billing practice and a crime is often where the defense lives. Learn more about our healthcare fraud defense.
Charged on top of an underlying offense to multiply exposure and reach assets. Breaking the government’s tracing of funds is frequently the key to the whole case. Learn more about our money laundering defense.
EIDL and SBA pandemic-relief loan prosecutions remain a top federal enforcement priority years after the programs closed. Intent and good-faith reliance are the battlegrounds. Learn more about our SBA loan fraud defense.
Paycheck Protection Program cases the DOJ is still actively charging — where early intervention and a clear account of how funds were used can change everything. Learn more about our PPP loan fraud defense.
A statute designed to sweep an entire “enterprise” into a single case, exposing each defendant to the conduct of others. Among the most serious — and most defensible — federal charges. Learn more about our RICO defense.
Often paired with fraud counts and the brutal aggravated-identity-theft statute, which adds a mandatory two years consecutive to any other sentence. Learn more about our identity theft defense.
Allegations of diverting employer or client funds — document-heavy cases where the records, the access, and the intent are all contestable. Learn more about our embezzlement defense.
Every area below has its own page. If your charge is not listed here, call — the odds are I handle it.
Where a matter is filed in federal court, it also overlaps with the firm’s federal practice — see our federal white-collar and federal criminal defense pages.
People often assume that a criminal case is a criminal case. In white-collar matters, that assumption can be dangerous because federal prosecutions differ from state prosecutions in nearly every way that counts. In nearly every federal white-collar investigation, agents work quietly for months — sometimes years — before making contact. They use subpoenaed financial records, search warrants, surveillance, and cooperating witnesses. They frequently approach codefendants and coworkers first, offering leniency in exchange for testimony. By the time you are aware of the investigation, the government has often already decided how it wants the story to read.
The government also has effectively unlimited resources and enormous patience. A line prosecutor can devote a year to a single case and call on agents, forensic accountants, and data analysts to build it. Sometimes agents become so invested in an investigation that people who knew nothing about any wrongdoing are swept into a conspiracy on the theory that they should have known. That is why the single most important decision you can make is to retain experienced counsel the moment you suspect you may be a target — not after charges are filed.
Federal law also gives prosecutors powerful tools that magnify exposure. Conspiracy law reaches an agreement plus a single act in furtherance of it, which means a person on the edges of a scheme can be charged for the whole of it. The doctrine of relevant conduct allows a sentencing judge to consider losses and acts that were never even charged. Money laundering and aggravated identity theft counts can be stacked on top of a fraud to multiply the exposure and, in the case of aggravated identity theft, to add a mandatory consecutive prison term. And the United States Sentencing Guidelines turn the alleged dollar loss into the single largest driver of the sentence.
Finally, there is the trial penalty and the reality of federal conviction rates. The federal system resolves the overwhelming majority of its cases by plea, and defendants who go to trial and lose often face materially higher sentences than those who plead. That dynamic is exactly why trial capability matters so much even in cases that never reach a jury: a lawyer who can credibly try the case changes the negotiation, while a lawyer who cannot has little to offer but capitulation. With the help of skilled investigators and forensic accountants, the firm can often reduce a client’s exposure dramatically — and, in the right circumstances, prevent charges from ever being brought.
The hours and days after you learn of an investigation are decisive, and people instinctively do the things that hurt them most. If you take nothing else from this page, take this: the goal in the earliest stage is not to explain your way out of it. It is to avoid making the case worse while experienced counsel goes to work.
The single most protective step you can take is to retain experienced counsel the moment you suspect you are a subject or target. Everything else flows from that decision, and the earlier it is made, the more options remain open — including the possibility of preventing a charge altogether.
Once you are aware of an investigation, you have a duty to preserve records, and destroying, altering, or deleting documents, emails, or files is itself a serious federal crime — obstruction of justice — that can carry penalties worse than the conduct under investigation. Preserve everything and let your lawyer manage it.
You have the right to decline to answer questions and to have a lawyer present. Agents are trained interviewers building a case; the conversation is rarely as casual as it appears, and lying to a federal agent is a separate felony. Politely decline, ask for a card, and call your lawyer.
Reaching out to potential witnesses — even to “get the story straight” or simply to ask what is happening — can be charged as witness tampering or obstruction and will be portrayed as an indication of consciousness of guilt. Let your lawyer handle all communication about the matter.
Assume that anything you write can end up in the government’s hands. Do not discuss the investigation in texts, emails, or on social media, and do not vent to friends who could become witnesses. The only conversation fully protected is the one with your lawyer.
White-collar cases follow a path that looks very different from a street-crime arrest. Knowing the stages tends to lower the fear, because fear thrives on the unknown. Not every case touches every stage, but this is the map, from the first quiet investigation to a possible appeal.
It usually begins long before you know it. A regulator makes a referral, a bank files a suspicious activity report, a competitor or a disgruntled employee talks, or data analytics flags an unusual billing or transaction pattern. Agents then gather records by grand-jury subpoena, interview witnesses, and build a timeline. The most damaging evidence in many white-collar cases is created during this period — often by the target, who tries to be helpful, returns an agent’s call without a lawyer, or sends an explanatory email that the government later frames as a lie. What you do, and do not do, in this phase can decide the entire case.
You may first learn of the case through a grand-jury subpoena for documents, an unexpected visit from agents, the execution of a search warrant at your home or business, or a target letter informing you that the government believes you committed a crime. Each of these requires a careful, immediate, and strategic response by counsel. A subpoena has return dates and preservation obligations; a search warrant raises urgent questions about privilege and scope; a target letter signals that charging decisions are near. None of them should be answered alone.
The government sorts the people in an investigation into three categories: a witness has information but is not in jeopardy; a subject is someone whose conduct is within the scope of the investigation; and a target is someone the government expects to charge. Where you sit on that spectrum drives strategy entirely — and your status is not always fixed. Through the right advocacy, presenting facts and context the government has not considered, a skilled lawyer can sometimes move a client from target toward subject, or persuade the government that a charge is not warranted at all.
This is the most valuable window in a white-collar case, and the one that separates experienced federal defense from the rest. Before an indictment, counsel can meet with the prosecutor, present exculpatory evidence, challenge the government’s legal theory, raise weaknesses in the proof, and argue for a declination or a lesser resolution. Forensic accountants and investigators are often engaged at this stage to build that presentation. Once an indictment is returned, the dynamic shifts and many of these options close — which is why bringing counsel in early so often changes the outcome.
Most serious federal charges are brought by a grand jury, which hears only the prosecutor’s evidence, in secret, and decides whether there is probable cause to indict under a standard far lower than the one that governs a trial. The defense is not present and cannot cross-examine. The grand jury is also an investigative engine, used to compel documents and testimony. Understanding how it operates — and how to respond when you or your records are subpoenaed — is central to federal defense.
After an indictment, you are formally charged, you appear before a judge, you enter a plea (almost always not guilty at this stage), and the court sets the conditions of your release. In most white-collar cases, release is achievable and obtaining it on reasonable terms — without onerous conditions that disrupt your work and family — matters both practically and for the morale that sustains a long defense.
The government produces its evidence, which in a white-collar case can mean hundreds of thousands of pages of bank records, emails, loan files, billing data, and agent reports. This is where cases are genuinely won or lost. With forensic accountants and investigators, we reconstruct the financial picture the government has simplified, find the missing context, test the loss calculation, and identify the alternative explanation the government would rather you never see. Painstaking discovery work is the foundation of every strong white-collar defense.
Motions can suppress evidence obtained through an unlawful search or an overbroad subpoena, dismiss counts that are legally defective, compel the government to produce favorable evidence, and limit what the jury may hear at trial. In document-driven cases, these legal fights over what comes in — and what stays out — frequently shape the outcome more than anything that happens in front of the jury.
Most federal cases resolve by negotiation, but the quality of a resolution depends entirely on the strength of the position behind it. A prosecutor negotiates very differently with a lawyer who has dismantled the government’s evidence and is genuinely prepared to try the case than with one who is not. Good negotiation is not capitulation; it is leverage applied with judgment, often supported by a mitigation presentation that gives the prosecutor a reason to agree.
If a case does not resolve, it is tried — and it should be tried by a lawyer who actually tries cases. The government must prove every element of every charge beyond a reasonable doubt, to a unanimous jury; the defendant need prove nothing. White-collar trials are won through relentless cross-examination, command of the documents, and the ability to make a complex financial story clear and human to a jury of twelve. Many white-collar attorneys have never reached a verdict. Brian has built his entire career on it.
If there is a conviction, by plea or verdict, the United States Sentencing Guidelines drive the exposure. In fraud cases, the alleged loss amount is the single largest factor, with further adjustments for the number of victims, your role in the offense, the sophistication of the scheme, and acceptance of responsibility. The Guidelines are advisory, not mandatory, which means effective Guidelines litigation and a compelling mitigation presentation — the human context, the cooperation, the path forward — can change a federal sentence by years.
A conviction is not necessarily the end. Legal errors at trial or at sentencing can be challenged on direct appeal, and certain issues can be raised afterward through post-conviction motions — all on strict deadlines that begin to run immediately. If something went wrong, the time to act is short, and the right to appeal can be lost simply by waiting.
Because so many federal cases resolve in a plea agreement rather than an acquittal, understanding how federal sentencing works is not an afterthought — it is central to the defense from day one. Federal sentences are calculated under the United States Sentencing Guidelines, which assign an offense level and a criminal-history category that together produce an advisory range. In white-collar fraud cases, that calculation is dominated by one number: the loss amount.
The loss amount figure is where much of the real fight happens. The government tends to advance the largest defensible loss number because each threshold increases the offense level and the recommended prison term. The defense, working with forensic accountants, contests that figure — distinguishing intended loss from actual loss, crediting amounts repaid or legitimately earned, excluding losses outside the scheme, and challenging the methodology behind the government’s spreadsheet. A successful loss challenge can move a sentence dramatically, sometimes by years, before any other argument is made.
Other Guidelines factors then adjust the range: the number of victims, the use of sophisticated means, an abuse of a position of trust, a leadership role in the offense, and obstruction can all raise it, while acceptance of responsibility can lower it. Crucially, the doctrine of relevant conduct allows the judge to consider acts that were never charged or even acquitted, which is another reason the loss and conduct calculations must be fought carefully.
Since the Guidelines are advisory, the sentencing judge must also weigh the statutory sentencing factors — the nature of the offense, the defendant’s history and characteristics, and the need for a sentence sufficient but not greater than necessary. This is the space where mitigation lives. A thorough mitigation presentation — the defendant’s background, health, family obligations, charitable history, restitution efforts, and genuine path forward — can persuade a judge to vary below the Guidelines range. In the right case, the difference between an average sentencing presentation and an exceptional one is the difference between prison and probation.
A white collar conviction reaches far beyond a courtroom, and often beyond any prison term. Understanding the full scope is part of making good decisions about how hard to fight and when a resolution truly serves you.
White collar sentences are driven by the Guidelines, and in larger-loss cases the exposure can be substantial. Federal prison also means no parole — a federal sentence is served day for day, less limited good-time credit. Avoiding or reducing a prison term is frequently the central objective, achieved through the defense itself or through mitigation at sentencing.
Almost every federal sentence includes a term of supervised release that follows any prison time — a period of years under conditions set by the court, with the threat of return to prison for a violation. It is a real and lasting restriction that continues long after the sentence appears to be over.
Courts routinely order restitution to victims and impose fines that can reach into the millions. Restitution is mandatory in many fraud cases, survives long after a sentence is served, is enforceable against future earnings, and is generally not dischargeable in bankruptcy. It can shape the rest of your financial life.
The government can move to seize bank accounts, homes, vehicles, and business assets it alleges are connected to the offense — sometimes before any conviction, through pretrial restraint or seizure. Fighting forfeiture is often as important to a client as the criminal case itself, and it is a distinct legal battle with its own rules and deadlines.
Doctors, lawyers, accountants, financial professionals, and contractors can lose the licenses their livelihoods depend on — sometimes on the charge alone, before any conviction, through a licensing board’s separate process. A conviction can also trigger exclusion from Medicare and Medicaid or debarment from federal contracting. For licensed professionals, defending the case and protecting the license are inseparable.
For non-citizens, many fraud and money-laundering offenses are aggravated felonies or crimes involving moral turpitude that can result in deportation and bar naturalization or re-entry. Certain pleas that look favorable in the criminal case are devastating for immigration. These consequences must be analyzed before any plea, because the damage may be irreparable.
A federal felony conviction results in the loss of the right to possess a firearm and certain civil rights, including limits on serving on a jury or holding some public positions, with restoration difficult to obtain.
For a professional or business owner, the collateral damage can be the most lasting of all: lost banking relationships, terminated contracts, professional and personal reputation, and the viability of the business itself. This is precisely why discretion in how a case is handled — not only whether it is won — matters so much.
Being investigated or charged is not the same as being convicted, and white-collar cases — built on documents and turning on intent — offer more room for a skilled defense than most people assume. The right defense depends entirely on the facts, but these are among the approaches that most often make the difference.
Nearly every white-collar charge requires the government to prove that you acted knowingly and with intent to defraud — not that you made a mistake, held an honest but wrong belief, or simply got it wrong. A great deal of conduct that looks suspicious in hindsight was, at the time, an ordinary business judgment or an honest error. Demonstrating the absence of fraudulent intent is the heart of many white-collar defenses.
A person who relied in good faith on the advice of an accountant, attorney, or other professional — or on the apparent rules of a program like PPP or EIDL — generally lacks the criminal intent the statute requires. Good-faith reliance is a powerful and frequently overlooked defense in fraud and tax cases.
Conspiracy charges require proof of an actual agreement to commit a crime. Mere presence, association with the wrong people, or knowledge that others were doing something improper is not enough. Where a client genuinely withdrew from or never joined the alleged agreement, that can defeat or sharply limit a conspiracy charge.
Because loss drives the sentence, challenging the government’s loss figure is itself one of the most valuable defenses — distinguishing intended from actual loss, crediting legitimate value, and exposing flawed methodology. A successful loss challenge can transform the exposure even where guilt on some count is not seriously contested.
Evidence obtained through an unlawful search, an overbroad subpoena, or a violation of your rights can be suppressed. Charges that are legally defective, duplicative, or brought outside the statute of limitations can be dismissed. These motions can narrow a case dramatically or end it altogether.
The government must prove every element of every count beyond a reasonable doubt. In a complex paper case, that is a heavy burden — and where the proof of knowledge, intent, or a particular defendant’s role is thin, the right response is not to negotiate but to require the government to meet that burden in front of a jury.
A white-collar defense is not a single act; it is a campaign waged across the entire life of a case, from the first quiet sign of an investigation through trial, sentencing, and beyond. Here is how the firm approaches it.
From the first conversation, Brian opens and maintains lines of communication with the prosecutors and agents involved. That dialogue, handled by experienced counsel, can lead to a favorable resolution — or a declination — before any arrest is made or any charge is filed. The earlier the firm is engaged, the more of this high-leverage work is still possible.
When a case moves forward, preparation is everything. The firm scrutinizes the financial records, emails, and exhibits the government intends to use, and cross-examines its witnesses to expose the inconsistencies and assumptions the government would rather you never discover. In a paper case, mastery of the documents is the defense.
White-collar cases are won in the numbers, and the firm engages forensic accountants and financial experts to trace funds, test and rebut the government’s loss calculation, and reconstruct the financial picture accurately rather than in the simplified form the government prefers. For clients facing serious exposure, Brian builds a holistic defense, adding expert investigators and mitigation specialists to present the strongest possible case at every stage.
The firm uses pretrial motions to suppress unlawfully obtained evidence, dismiss defective counts, and limit the government’s proof — the kind of legal work that can narrow a sprawling case or end it before trial.
Where resolution serves the client, the firm negotiates from a position of genuine strength, backed by the credible willingness to try the case. And when a case must be tried, it is tried by a lawyer who has stood before more than 65 juries. Many white-collar attorneys have never tried a case to verdict; Brian has built his entire career on it, and prosecutors know it — leverage that exists before a single word of negotiation is spoken.
If a case reaches sentencing, the firm challenges the Guidelines calculation and presents a thorough mitigation case — the client’s background, contributions, and path forward — to seek a sentence well below the government’s recommendation. In federal court, the quality of the sentencing presentation can be the difference between prison and probation.
Under investigation or already charged? Call 866-797-0612 for a confidential consultation with Brian Kirlew.
These are the questions clients ask most often. The answers are general; every case turns on its own facts. Schedule a consultation for advice specific to your situation.
You may receive a grand-jury subpoena, a target letter, or a visit from federal agents; you may learn your bank records were subpoenaed, that associates have been questioned, or that a search warrant was executed. Often the first sign is subtle — a vendor mentions an agent called, or your bank freezes an account. If you suspect you are under investigation, take it seriously and call a lawyer before you do anything else. The earliest days are when counsel can do the most.
Not without a lawyer. An interview is rarely as informal as it sounds, and lying to a federal agent is itself a felony under 18 U.S.C. § 1001 — people are sometimes charged for the interview rather than the underlying conduct. You have the right to decline to answer and to have counsel present. A lawyer can find out your status and, if a conversation makes sense, arrange and prepare for it on your terms.
A target letter means the government believes you committed a federal crime and may seek an indictment. It is serious — but it usually means charges have not yet been filed, which is the most valuable moment in the case. Do not respond on your own and do not contact witnesses. Retain experienced federal counsel immediately so the pre-indictment window can be used.
A witness has information but is not in jeopardy; a subject is someone whose conduct is within the scope of the investigation; a target is someone the government expects to charge. Your status drives strategy, and it can sometimes be improved through the right advocacy before charges are decided.
Yes — and that is frequently the goal. Through early intervention, presenting exculpatory facts, and negotiating with prosecutors, it is sometimes possible to reduce the charges, narrow the exposure, or persuade the government to decline to bring a case at all. Once an indictment issues, those options shrink considerably.
A group of citizens that hears the prosecutor’s evidence in secret and decides whether there is probable cause to indict. The defense is not present, there is no cross-examination, and the standard is low. The grand jury is also used to compel documents and testimony through subpoenas. If you or your records are subpoenaed, involve counsel right away.
They can be either, but in South Florida most are federal — which means the Sentencing Guidelines, federal agencies, and far greater resources. Some conduct can be charged in either system, and which forum a case lands in significantly affects the exposure and the strategy. Federal cases require counsel who genuinely practices in federal court.
A framework that produces a recommended sentencing range based on the offense and the defendant’s history. In fraud cases, the loss amount, the number of victims, your role, and the sophistication of the scheme all move the range. The Guidelines are advisory but anchor most federal sentences, and skilled litigation over them — especially over the loss figure — can change a sentence by years.
Loss is the single biggest driver of a federal fraud sentence, so the government tends to advance the largest defensible number. The defense, with forensic accountants, contests it — separating intended from actual loss, crediting amounts repaid or legitimately earned, and challenging the methodology. Because each loss threshold raises the Guidelines range, winning the loss fight can reduce a sentence dramatically.
Not necessarily. Outcomes range from declination and probation to substantial prison terms, depending on the facts, the loss amount, the defense, and the strength of the mitigation. Avoiding or reducing incarceration is often the central objective, pursued through the defense itself and through sentencing advocacy.
Forfeiture lets the government seize assets it alleges are connected to the offense — bank accounts, homes, vehicles, business property — and it can begin before any conviction through pretrial restraint. Fighting forfeiture is often as important to a client as the criminal charge itself, and it is a distinct legal battle with its own rules and deadlines.
A court order to repay victims for their losses. It is mandatory in many fraud cases, can be very large, is enforceable against your future earnings, is generally not dischargeable in bankruptcy, and survives long after any sentence is completed.
Wire fraud (18 U.S.C. § 1343) covers a scheme to defraud using interstate wires — email, phone, banking transfers, the internet. Because almost any modern fraud touches a wire, prosecutors use it as a flexible, powerful charge, and each count can carry up to 20 years (30 where a financial institution is affected).
Bank fraud (18 U.S.C. § 1344) covers schemes to defraud a federally insured financial institution or to obtain its funds by false pretenses. It carries up to 30 years per count and a long statute of limitations, and it frequently appears alongside wire fraud in loan and check cases.
Both arise from pandemic-relief programs. PPP (Paycheck Protection Program) loans were forgivable loans for payroll; SBA EIDL loans were economic-injury disaster loans. Prosecutions allege misstatements on applications or misuse of funds. These remain an active federal enforcement priority years later, and intent and good-faith reliance on shifting program rules are usually the battlegrounds.
Conducting financial transactions to disguise the source of criminally derived proceeds (18 U.S.C. §§ 1956–1957). It is frequently charged on top of an underlying fraud to increase exposure and to reach assets. Breaking the government’s tracing of funds — showing that money came from legitimate sources — is often the key to the defense.
The Racketeer Influenced and Corrupt Organizations Act lets prosecutors charge a pattern of offenses committed through an “enter prise,” exposing each defendant to the conduct of others. It is among the most serious federal charges — and, properly defended, among the most contestable, because the government must prove both the enterprise and the pattern of racketeering activity.
Allegations of false or improper billing to Medicare, Medicaid, or private insurers — billing for services not rendered, upcoding, or medically unnecessary procedures. These cases are built on data analytics and audits, and the line between an aggressive billing practice and a crime — intent — is often exactly where the defense lives.
The alleged diversion of funds or property entrusted to you by an employer, client, or partner. These are document-heavy cases where access, the records, authorization, and intent are all contestable, and where a forensic review of the books frequently tells a very different story than the accusation.
Tax offenses under Title 26 include willfully evading taxes and filing false returns. The government must prove willfulness — a voluntary, intentional violation of a known legal duty — which makes good-faith mistakes and reliance on a preparer important defenses. IRS Criminal Investigation, whose agents are accountants, typically builds these cases.
Trading securities on the basis of material, non-public information in breach of a duty, or tipping someone who does. Securities fraud and insider-trading cases are often pursued by the SEC civilly and the DOJ criminally at the same time, which makes coordinated defense essential.
Yes. Federal conspiracy law reaches an agreement plus a single act in furtherance of it, and it can sweep in people on the edges of a scheme. Being charged with conspiracy does not mean the case against you is strong — the government still must prove you knowingly joined an agreement to commit a crime — but it must be defended carefully.
A proffer is a meeting where you give the government information under a limited-use agreement. It carries real risk as well as potential benefit, and what you say can sometimes be used against you in ways people do not expect. It should never be done without experienced counsel weighing whether, when, and how to proceed.
Sometimes cooperation is the right strategy and sometimes it is a serious mistake — it depends on your exposure, the strength of the case, the value of what you know, and the deal on offer. It is a decision to make only with a lawyer who has evaluated the whole picture, never on your own and never in a first meeting with agents.
White collar cases are won in the numbers. Forensic accountants help us trace funds, test and rebut the government’s loss calculation, surface alternative explanations, and translate complex financial records into a clear story a prosecutor, judge, or jury can follow.
Often months to years. The length is itself a reason to engage counsel early: the investigative period is precisely when the most can be done to shape — or prevent — a charge.
Most federal fraud offenses carry a five-year limitations period, but important categories are longer — bank fraud and offenses affecting a financial institution carry ten years, and certain cases are extended further. Whether the government charged in time is a real and sometimes case-ending defense worth examining closely.
The investment depends on the complexity and stage of the matter — a pre-indictment intervention and a multi-count federal trial are very different undertakings. I am transparent about the fee from the outset, and the real question is what an inadequate defense can cost you in freedom, career, and assets. I am glad to discuss the specifics of your situation.
Most resolve by negotiation, but you should never assume yours will, and you should never hire a lawyer who is not genuinely prepared to try it. The credible possibility of trial is what produces good resolutions short of trial.
Because prosecutors negotiate differently with a lawyer who tries cases. A defense lawyer who has reached more than 65 verdicts and has dismantled the government’s evidence before carries leverage that a lawyer who quietly pleads out every case simply does not have. That leverage benefits you whether or not your case ever reaches a jury.
It can — sometimes on the charge alone, before any conviction, through a licensing board’s separate proceeding. For doctors, lawyers, accountants, and other licensed professionals, defending the case and protecting the license have to be handled together from the start.
Significantly. Many fraud and money-laundering offenses are deportable and can bar naturalization or re-entry, and certain pleas that look favorable in the criminal case are devastating for immigration. The immigration consequences must be analyzed before any plea is entered.
That is a delicate question with real legal consequences — disclosures can waive privilege, create new witnesses, or trigger contractual obligations. Decide it with your lawyer before you speak to anyone, not after.
Stop discussing the matter with anyone but a lawyer, preserve — do not destroy — records, because destroying or altering documents is itself a serious federal crime, and call experienced federal counsel. Do not call the agent, do not contact witnesses, and do not try to explain your way out of it. The earliest steps are the ones that matter most.
Yes. Communications with a lawyer for the purpose of seeking legal advice are protected by the attorney-client privilege, and that protection applies to your initial consultation even if you do not ultimately retain the firm. You can speak candidly.
Agents executing a search warrant may seize items within its scope, but you are not required to answer their questions, and you should not. Ask for a copy of the warrant and the inventory, do not interfere, do not consent to anything beyond the warrant, and call your lawyer immediately. What is said and done during a search frequently becomes evidence.
Through conspiracy and aiding-and-abetting principles, the government can seek to hold you responsible for acts committed by others in furtherance of a shared agreement. That is a theory, not a certainty — the government still must prove you knowingly joined the agreement — and it is exactly the kind of overreach a strong defense is built to challenge.
It is not necessarily fatal, but it makes immediate counsel even more important. A lawyer can assess what was said, work to limit further damage, and build the defense around it. Do not have any further contact with agents before you have spoken to a lawyer.
No. Retaining counsel is the normal, expected response to a federal investigation, and prosecutors and agents understand that. What can make you look guilty is talking your way into a false statement, destroying records, or contacting witnesses — the very mistakes a lawyer is there to prevent.
Federal convictions generally cannot be expunged, which is one more reason the defense itself matters so much. In some situations, a charge that does not result in a conviction may be handled differently. Ask about your specific circumstances during a consultation.
“From the initial consultation and throughout the course of my situation, Brian displayed professionalism, prompt and straightforward communication. He does not sugar coat things and that’s what you need from an attorney. I can’t recommend him enough. If you want clear and concise communication from a law firm, look no further. Kateryn, his paralegal, works fast and communicates even faster. If you want to be represented by a knowledgeable attorney who effectively analyzes your situation and gives a no-BS assessment, he is your guy. My family and I thank you, Brian.”
“Mr. Kirlew stands out as one of the most empathetic and honest attorneys I have had the pleasure of knowing. He consistently goes above and beyond for his clients. His professionalism is unmatched — he is always on time, respectful, and fair. What sets him apart is his ability to navigate the complexities of government-related legal matters with integrity. His dedication to truly understanding his clients’ needs and fighting for them is remarkable. I highly recommend Mr. Kirlew to anyone seeking a principled and committed lawyer.”
“I want to thank The Kirlew Law Firm for everything they’ve done for me and my family. These guys are the best to have in your corner during these tough times.”
Attorney Advertising. These reviews are the actual experiences of individual clients, shared with their consent (first name and last initial), and a copy of each is retained on file. They are not a guarantee, warranty, or prediction of the outcome of any other matter; results depend on the specific facts of each case.
Miami sits at the center of the most active white-collar enforcement environments in the country. The Southern District of Florida — which is centered in Miami, but also includes Broward, Palm Beach, Monroe, Martin, and St. Lucie Counties — has long been a focus for federal prosecutions involving healthcare fraud, international money movement, securities and investment fraud, and, in recent years, pandemic-relief loan fraud. The region’s role as a hub for banking, international trade, healthcare, and real estate means financial investigations here are frequent, sophisticated, and aggressively pursued.
The Kirlew Law Firm defends clients throughout the State of Florida and nationwide for select cases, in both the federal and state systems, from its Miami office and its satellite office in Fort Lauderdale. Brian Kirlew appears in the federal courthouses of the Southern District and in state courts across the region, and he understands the local landscape — the prosecutors, the practices, and how these cases are built and resolved here. For clients in other federal districts, he has represented individuals in investigations and indictments across the country.
Whether you are a physician facing a healthcare-billing inquiry, a business owner under scrutiny over a PPP or EIDL loan, a professional caught in a fraud or money-laundering investigation, or a family trying to make sense of a target letter that just arrived in the mail, the firm offers experienced, discreet, and aggressive representation — and a free, confidential consultation to begin.
If you believe you are under investigation — or you have already been charged — the sooner you have experienced counsel on your side, the more options you have. The Kirlew Law Firm offers a free, confidential phone consultation to learn about your situation and explain how we can help. There is rarely a benefit to waiting, and often a real cost: evidence is most preservable, deadlines most reachable, and pre-charge options most open at the very beginning.
Call 866-797-0612 or contact us online to schedule your free, confidential consultation. The Kirlew Law Firm — 2103 Coral Way, Suite 401, Miami, FL 33145.
We’ll set up a phone consultation to get to know you and your circumstances.
The information on this page is provided for general educational purposes and does not constitute legal advice, nor does it create an attorney-client relationship. Every case is different, and the outcome of any matter depends on its specific facts and applicable law. Past results do not guarantee or predict a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
The information on this page is provided for general educational purposes and does not constitute legal advice, nor does it create an attorney-client relationship. Every case is different, and the outcome of any matter depends on its specific facts and applicable law. Past results do not guarantee or predict a similar outcome. The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
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