Organized Scheme to Defraud in Florida
Tampa Attorney for Scheme to Defraud
Under the Florida Communications Fraud Act, a criminal charge can be alleged for any organized scheme to defraud which 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 usually for an allegation that arose during the course of the individual's employment. At the Sammis Law Firm, we have represented business owners, and other educated and professional individuals charged with this serious white collar crime. Many of our clients have no prior record and never imagined they would be accused of a crime.
You Will be Ineligible to Seal Your Record for this Disqualifiying Offense
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
Hire the Best Attorney for Your Case to Begin Your Defense Today
Contact an experienced attorney for an organized scheme to defraud charge under Florida law for any case in Tampa or Plant City, Hillsborough County, Bartow, Polk County, New Port Richey or Dade City, Pasco County, Brooksville, Hernando County, Bradenton, Manatee County, or Sarasota County, FL.
The Elements of the Offense
A scheme to defraud involves 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:
- A scheme to defraud less than $20,000 is a third degree felony punishable by 5 years in Florida State Prison;
- A scheme to defraud more than $20,000 but less than $50,000 is a second degree felony punishable by 15 years in Florida State Prison; and
- A scheme to defraud more than $50,000 is a first degree felony punishable by 30 years in Florida State Prison.
If no property, money or anything else of value actually exchanged hands during the scheme to defraud then the charge is punishable depending on the amount the defendant intended to take:
- 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. Contact an attorney experienced in fighting organized scheme to defraud cases in Florida. Call 813-250-0500 to discuss the particular details of your case today.
Read the statute in its entirety - 817.034: Florida Communications Fraud Act