Organized Scheme to Defraud
In Florida, the crime of “scheme to defraud” involves proof of the following elements:
- an ongoing and continuing series of acts;
- intended to defraud someone;
- by obtaining something of value; and
- through fraudulent or false promises, representations, or by intentionally misrepresenting some future act.
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.
Attorneys for Scheme to Defraud Crimes in Tampa, FL
At 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.
Our main office is located in downtown Tampa, FL, just a few blocks from the courthouse. We also have a second office in New Port Richey in Pasco County. Our New Port Richey office is located across the street from the courthouse at the West Pasco Judicial Center.
From these two offices, we fight theft and property crime cases throughout the greater Tampa Bay area.
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.
Call (813) 250-0500.
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.
For this reason, if you plan on entering a plea, it is important to get the charges reduced to a less serious offense such as petit or grand theft, so that the record can eventually sealed.
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 loss of less than $20,000 is a third-degree felony
- punishable by 5 years in Florida State Prison
- Level 3 offense
- a loss of $20,000 or more but less than $50,000 is a second-degree felony
- punishable by 15 years in Florida State Prison
- Level 5 offense
- a loss of $50,000 or more is a first-degree felony
- punishable by 30 years in Florida State Prison
- Level 7 offense
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 including:
- 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 cases involve obtaining property from a employer or business associate.
Legislative Intent for the Fraudulent Scheme Charge
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.
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.
Jury Instruction for F.S. s. 817.034(4)(a)1, 2, 3
The jury instruction for organized fraud under Florida Statute Section 817.034(4)(a) can be found at 20.19. The instruction was adopted in 2012 and amended on December 5, 2013.
To prove the crime of Organized Fraud, the State must prove the following two elements beyond a reasonable doubt:
- The Defendant engaged in a scheme to defraud.
- The Defendant thereby obtained the property alleged in the information or charging document.
The jury instruction also provides special instructions for the degree of the charge: If you find the defendant guilty of Organized Fraud, you must also determine if the State has proved beyond a reasonable doubt whether:
- The aggregate value of the property obtained was $50,000 or more;
- The aggregate value of the property obtained was $20,000 or more but less than $50,000;
- The aggregate value of the property obtained was less than 20,000.
Definition for Organized Fraud Terms
In Florida, the term “scheme to defraud” is defined as a systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.
Under the statutory scheme, the term “obtain” means to temporarily or permanently deprive any person of the right to property or a benefit therefrom, or to appropriate the property to one’s own use or to the use of any other person not entitled thereto.
“Property” means anything of value, and includes:
- Real property, including things growing on, affixed to, or found in land;
- Tangible or intangible personal property, including rights, privileges, interests, and claims; and?
“Value” means value determined according to any of the following:
- 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.
- If the exact value cannot be determined, then the jury is told they should attempt to determine a minimum value.
- If the minimum value of the property cannot be determined, the jury is told they must find the value is less than $20,000.
If the property obtained is a written instrument or trade secret that does not have a readily ascertainable market value, then the trial court should give the definition of “value” in s. 817.034(3)(e) 1.b or 1.c.
“Willful” means intentional, purposeful, and with knowledge. Lesser included offenses of Organized Fraud under Florida Statute Section 817.034(4)(a)1, 2, 3 can include: grand theft or petit theft.
Scheme and Artifice to Defraud – Visit the website of the United States Department of Justice to find information about the scheme and artifice to defraud found in Chapter 942 of the criminal resource manual. The term “scheme to defraud” is not restricted by any common-law definition of false pretenses. Instead, the term signifies the deprivation of something of value by trick, chicane, or overreaching. Many of these cases involve act of embezzlement by appropriating money or goods entrusted to one’s own care by another.
Finding a Lawyer for a Scheme to Defraud in Florida
Our main office is located in Tampa in Hillsborough County, FL. Our second office is located in New Port Richey in Pasco County, FL. We represent clients in fraud cases throughout Hillsborough County and the surrounding areas throughout Tampa Bay.
Call (813) 250-0500 today.
This article was last updated by Jason D. Sammis on Thursday, March 21, 2019.