Organized Scheme to Defraud
Along with the proliferation of the Internet have come new avenues for fraud. We have all seen the "spam" emails offering quick riches for some simple information. The Florida legislature responded in kind by consolidating many of their prior fraud statutes and updating them for the technology age.
The new statute makes punishable any scheme to defraud another individual through the mail, email, Internet, facsimile, telephone, etc. Whether money or property exchanged hands is not an essential element of the crime. Rather, the exchange of money is an aggravating factor which may result in a heightened sentence.
The punishment structure is as follows; if the property exchanged hands (all monetary figures are aggregate).
- In excess of $50,000; 1st degree felony
- In excess of $20,000 but less than $50,000; 2nd Degree Felony
- Less than $20,000; 3rd degree felony
If property did or did not exchange hands;
- More than $300; 3rd degree misdemeanor
- Less than $300; 1st degree misdemeanor
The State has significant leverage when prosecuting a fraud case since they may charge each communication separately.
Don't delay; let an experienced former prosecutor help protect your good name and reputation. Call today or contact us online for a free confidential consultation.
For additional information; see Florida Statues 817.034 Florida Communications Fraud Act
Case Results
Case #: 080XXXXXCF10A
Charges: Sexual Performance By A Child (AKA Possession of Child Pornography).
Result: : Probation to lesser charges, therefore, NO Sex Offender Designation and no prison.
Case #: F08XXXX
Charge: Attempted 2nd Degree Murder, Kidnapping, and Grand Theft.
Result: Case Dismissed
Case #: 2008CFXXXXXXXXXX
Charge: Online Solicitation (via Webcam).
Result: Client avoids prison, probation - 2 ½ years, guidelines were 21 months State prison up to 15 years.
