The Florida Communications Fraud Act includes a crime for the
organized scheme to defraud. This charge modernizes the Fraud Statutes
in Florida to incorporate changes in technology. The "Scheme to Defraud"
statute in Florida prohibits financial fraud through any technology
including the internet, mail, wire, the telephone or other types of
communication.
In many of these cases, a respected member of the community is accused. The accusation usually arises during the course of the individual's employment
In many of these cases, a respected member of the community is accused. The accusation usually arises during the course of the individual's employment. At the Sammis Law Firm, we have represented business owners and many long term employees charged with this serious white collar crime. Many of our clients have no prior record.
If you are charged with any scheme to defraud charge in Tampa, Hillsborough County, FL, then call an experienced criminal defense attorney at the Sammis Law Firm. We can help you fight these charges. Act quickly to preserve all avenues of attack.
Any offense for "scheme to defraud" is on a list of disqualifying offenses which are ineligible under Florida law to be sealed. Even if the court withholds adjudication and places you on probation for scheme to defraud, you will never be eligible to seal your criminal record.
The Elements of Scheme to Defraud
A scheme to defraud involves the following elements:
In many cases the theft of good or services takes place repeatedly over time. Instead of proving the individual theft offenses, the prosecutor usually has an easier time proving the overarching scheme to defraud. In these cases, if the case proceeds to trial then the prosecutor with the State Attorney's Office must also prove the aggregate value of the property fell within a certain range. Many of these case involve obtaining property from a employer or business associate.
Alternatively, each communication or offense can be charged separately, which can dramatically increase the bond amount, the score under the sentencing guidelines, and the potential maximum sentence.
(1) Legislative intent.—
In many of these cases, a respected member of the community is accused. The accusation usually arises during the course of the individual's employment
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Organized Scheme to Defraud in Tampa, FL
The Florida Communications Fraud Act includes a crime for the organized scheme to defraud. This charge modernizes the Fraud Statutes in Florida to incorporate changes in technology. The "Scheme to Defraud" statute in Florida prohibits financial fraud through any technology including the internet, mail, wire, the telephone or other types of communication.In many of these cases, a respected member of the community is accused. The accusation usually arises during the course of the individual's employment. At the Sammis Law Firm, we have represented business owners and many long term employees charged with this serious white collar crime. Many of our clients have no prior record.
If you are charged with any scheme to defraud charge in Tampa, Hillsborough County, FL, then call an experienced criminal defense attorney at the Sammis Law Firm. We can help you fight these charges. Act quickly to preserve all avenues of attack.
Sealing Your Record and Disqualifying Offenses
Scheme to defraud is a "crime of dishonesty" treated very seriously under Florida law, even for the misdemeanor version of the offense.Any offense for "scheme to defraud" is on a list of disqualifying offenses which are ineligible under Florida law to be sealed. Even if the court withholds adjudication and places you on probation for scheme to defraud, you will never be eligible to seal your criminal record.
The Elements of Scheme to Defraud
A scheme to defraud involves the following elements:- an ongoing and continuing series of acts;
- intended to defraud someone;
- by obtaining something of value;
- through fraudulent or false promises, representations, or by intentionally misrepresenting some future act.
Potential Punishment for Scheme to Defraud
The potential maximum punishment or penalty available under the Florida Organized Scheme to Defraud Statute depends on the amount of the loss:- Less than $20,000 is a third degree felony punishable by 5 years in Florida State Prison;
- $20,000 or more but less than $50,000 is a second degree felony punishable by 15 years in Florida State Prison; and
- $50,000 or more is a first degree felony punishable by 30 years in Florida State Prison.
- A scheme to defraud $300 or more is a third degree felony punishable by 5 years in Florida State Prison;
- A scheme to defraud less than $300 is a misdemeanor in the first degree, punishable by up to 12 months in the county jail and a $1,000 fine.
Each Communication or Taking Can be Charged Separately
Each communication or offense can be charged separately, which can dramatically increase the bond amount, the score under the sentencing guidelines, and the potential maximum sentence.In many cases the theft of good or services takes place repeatedly over time. Instead of proving the individual theft offenses, the prosecutor usually has an easier time proving the overarching scheme to defraud. In these cases, if the case proceeds to trial then the prosecutor with the State Attorney's Office must also prove the aggregate value of the property fell within a certain range. Many of these case involve obtaining property from a employer or business associate.
Alternatively, each communication or offense can be charged separately, which can dramatically increase the bond amount, the score under the sentencing guidelines, and the potential maximum sentence.
Legislative Intent for the Fraudulent Scheme Charge
Section 817.034 is titled the “Florida Communications Fraud Act.” The Florida Legislature specifically provided its intent in adopting the criminal statute:(1) Legislative intent.—
(a) The Legislature recognizes that
schemes to defraud have proliferated in the United States in recent
years and that many operators of schemes to defraud use communications
technology to solicit victims and thereby conceal their identities and
overcome a victim's normal resistance to sales pressure by delivering a
personalized sales message.
(b) It is the intent of the Legislature to
prevent the use of communications technology in furtherance of schemes
to defraud by consolidating former statutes concerning schemes to
defraud and organized fraud to permit prosecution of these crimes
utilizing the legal precedent available under federal mail and wire
fraud statutes.
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