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In Florida, when individuals are accused of intentionally concealing or misrepresenting information in order to mislead or deceive, they can be charged under the state’s organized fraud statute. Organized fraud is considered a felony offense. If convicted, defendants face serious penalties, which makes it critical for those who have been accused of fraud to have a solid defense. To speak with an experienced white collar crime attorney about your own arrest or charges, please contact one of our Miami attorneys today to schedule a meeting.
Contact Jeffrey S. Weiner, P.A., today at 786 460-2937 to discuss your case.
What Is A Scheme To Defraud?
According to Florida law, a scheme to defraud involves a systematic and ongoing course of conduct with the intent to defraud someone or obtain property by false pretenses.
A variety of different practices fall under this broad definition, including:
- Phishing schemes, in which a sender impersonates a valid company to obtain information from the recipient
- Telemarketing, when the caller attempts to convince a person to buy something over the phone
- Spoofing, which is a form of market manipulation that involves convincing others to believe that there are large orders for future contracts in order to prompt them into making trades, which then artificially drives up prices
Although Florida law specifically prohibits using email, phones, or computers to perpetuate organized fraud, prosecutors are not required to prove that a defendant used one of these forms of communication. Instead, prosecutors only need to prove that the defendant engaged in a scheme to defraud someone else and obtained property as a result. This includes anything of value such as real property, tangible assets, intangible property such as rights and interests, and services.
Statutory Penalties
The severity of the penalties faced by a defendant who has been convicted of organized fraud depends on the value of the property involved. For example, if the value of the property or assets in question was below $20,000, the offense is considered a third-degree felony, which is punishable by up to 5 years in prison. If the amount exceeded $20,000 but was less than $50,000, the defendant faces second-degree felony charges, which could mean up to 15 years in prison. Finally, those who collected more than $50,000 can be charged with a first-degree felony, which is punishable by 30 years in prison. It’s also important to note that the value of all property obtained in one scheme will be added together to determine the grade of the offense, even if the sales were conducted by several people.
Those who are convicted of using communication to defraud another face five years in prison, as long as the property was valued at more than $300. Even if the assets were worth less than $300, a defendant could still be charged with a first-degree misdemeanor.
If you have been accused of participating in organized fraud, please contact our Miami criminal defense lawyers at 786 460-2937 to speak with an attorney who can evaluate your case.
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