Organized Fraud Defense Attorney in Miami

Under Florida Statute § 817.034, an alleged offender can face criminal charges if he or she engages in a scheme to defraud and obtains property or if he or she engages in a scheme to defraud and, in furtherance of that scheme, communicates with any person with intent to obtain property from that person. In the case of the latter offense, each act of communication can be charged as a separate offense.

The Florida Communications Fraud Act defines property as anything of value, including:

• Real property, including things growing on, affixed to, or found in land
• Tangible or intangible personal property, including rights, privileges, interests, and claims
• Services

Value is defined under the same statute as:

• The value of a trade secret that does not have a readily ascertainable market value is any reasonable value representing the damage to the owner, suffered by reason of losing an advantage over those who do not know of or use the trade secret
• The value of a written instrument that does not have a readily ascertainable market value, in the case of an instrument such as a check, draft, or promissory note, is the amount due or collectible or is, in the case of any other instrument which creates, releases, discharges, or otherwise affects any valuable legal right, privilege, or obligation, the greatest amount of economic loss that the owner of the instrument might reasonably suffer by virtue of the loss of the instrument
• The market value of the property at the time and place of the offense, or, if such cannot be satisfactorily ascertained, the cost of replacement of the property within a reasonable time after the offense

The values of separate properties obtained in one scheme to defraud—whether from the same person or from several persons—will be aggregated to determine the grade of the offense. If the value of property cannot be ascertained, the judge, jury, or other trier of fact can find the value to be not less than a certain amount. If a minimum value cannot be ascertained, then the value will be an amount less than $300.

Penalties for an Organized Fraud Conviction

When multiple properties are obtained in a single scheme to defraud, the values of the properties are aggregated in determining the grade of the offense.

Under Florida Statute § 817.034(4), organized fraud crimes are graded as follows:

• $50,000 or more: Felony of the first degree punishable by up to 30 years in prison and/or a fine of up to $10,000
• $20,000 or more, but less than $50,000: Felony of the second degree punishable by up to 15 years in prison and/or a fine of up to $10,000
• Less than $20,000, but $300 or more: Felony of the third degree punishable by up to five years in prison and/or a fine of up to $5,000
• Less than $300: Misdemeanor of the first degree punishable by one year in jail and/or a fine of up to $1,000

Alleged victims may also be entitled to restitution, and alleged offenders may have their assets seized under forfeiture laws in order to pay restitution. Organized fraud offenses that involved use of the United States Postal Service or electronic communications can also lead to federal charges for mail fraud or wire fraud.

Request a Free, Confidential Consultation Today

If you fear that you could be under investigation or you were already arrested in Florida for alleged scheme to defraud, you should not make any kind of statement to authorities without legal counsel. As a former Assistant State Attorney, Miami organized fraud defense attorney Evan Hoffman understands what to look for when investigating these cases, as well as the most effective ways to defend them.

Call (305) 928-1669 if your case is out of Miami, 954-737-3004 if your case is out of Broward County, now to meet with us during a free consultation. Serving clients in Miami and Fort Lauderdale.