Florida Scheme to Defraud - Orlando Criminal Lawyer

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Florida Scheme to Defraud Crimes

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Orange County Criminal Defense Lawyer - Scheme to Defraud:
Cases involving these offenses can have significant penalties. If you have been
arrested for a criminal offense involving a scheme to defraud, you should speak
with an experienced criminal defense attorney at your earliest opportunity to learn
about your rights and the defenses that may be available to you

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation

The following Florida Statute provides some information regarding one of the more common scheme to defraud
offenses in Florida:

Florida Statute 817.034 - Florida Communications Fraud Act.
(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.

(2) SHORT TITLE.—This section may be cited as the “Florida Communications Fraud Act.”

(3) DEFINITIONS.—As used in this section, the term:

(a) “Communicate” means to transmit or transfer or to cause another to transmit or transfer signs, signals, writing,
images, sounds, data, or intelligences of any nature in whole or in part by mail, or by wire, radio, electromagnetic,
photoelectronic, or photooptical system.

(b) “Obtain” means temporarily or permanently to 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.

(c) “Property” means anything of value, and includes:
1. Real property, including things growing on, affixed to, or found in land;
2. Tangible or intangible personal property, including rights, privileges, interests, and claims; and
3. Services.

(d) “Scheme to defraud” means 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.

(e) “Value” means value determined according to any of the following:
1.a. 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.

b. 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.

c. 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.

2. If the value of property cannot be ascertained, the trier of fact may find the value to be not less than a certain
amount; if no such minimum value can be ascertained, the value is an amount less than $300.

3. Amounts of value of separate properties obtained in one scheme to defraud, whether from the same person or
from several persons, shall be aggregated in determining the grade of the offense under paragraph (4)(a).

(4) OFFENSES.—

(a) Any person who engages in a scheme to defraud and obtains property thereby is guilty of organized fraud,
punishable as follows:

1. If the amount of property obtained has an aggregate value of $50,000 or more, the violator is guilty of a felony of
the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. If the amount of property obtained has an aggregate value of $20,000 or more, but less than $50,000, the violator
is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. If the amount of property obtained has an aggregate value of less than $20,000, the violator is guilty of a felony of
the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Any person who engages in a scheme to defraud and, in furtherance of that scheme, communicates with any
person with intent to obtain property from that person is guilty, for each such act of communication, of
communications fraud, punishable as follows:

1. If the value of property obtained or endeavored to be obtained by the communication is valued at $300 or more,
the violator is guilty of a third degree felony, punishable as set forth in s. 775.082, s. 775.083, or s. 775.084.

2. If the value of the property obtained or endeavored to be obtained by the communication is valued at less than
$300, the violator is guilty of a misdemeanor of the first degree, punishable as set forth in s. 775.082 or s. 775.083.
(c) Notwithstanding any contrary provisions of law, separate judgments and sentences for organized fraud under
paragraph (a) and for each offense of communications fraud under paragraph (b) may be imposed when all such
offenses involve the same scheme to defraud.

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For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.