Miami Organized Fraud Defense Attorney

Skilled Lawyer for Charges of Fraud and White Collar Crimes in Miami, FL

Multiple thefts that are otherwise small in nature may still add up to significant amounts. Under Florida state law, those who allegedly engage in schemes to defraud others of money, property, or other assets can be charged with the crime of organized fraud.

The state legislature passed the Florida Communications Fraud Act in response to the fact that these types of schemes have become more common in the United States in recent years, and many people use the internet or other types of communications technology to contact victims. They may also attempt to conceal their identities and use personalized messages to convince people to turn over their money or property. Criminal charges in these cases are typically based on the aggregate value of the property obtained or intended to be obtained, with some offenses being classified as felonies, which carry steep consequences that may include lengthy prison sentences and substantial fines.

If you were arrested or think that you might be under investigation in South Florida for involvement in an alleged organized scheme to defraud, do not make any kind of statement to authorities until you have legal counsel. The Hoffman Firm defends clients accused of white collar crimes in Miami and the surrounding areas of Broward County. Evan Hoffman is a skilled organized fraud defense attorney who understands how prosecutors handle these types of cases because of his previous experience as an Assistant State Attorney for the Broward County State Attorney's Office.

Call 305-249-0090 now or contact our firm online for a free consultation about how to proceed with your case.

Organized Fraud Charges in Florida

Under Florida Statute § 817.034, an alleged offender can face criminal charges if he or she engages in a scheme to defraud and obtains property or if he or she engages in a scheme to defraud and, in furtherance of that scheme, communicates with any person with intent to obtain property from that person. In the case of the latter offense, each act of communication can be charged as a separate offense.

The Florida Communications Fraud Act defines property as anything of value, including:

• Real property, including things affixed to, growing on, or found in land
• Tangible or intangible personal property, including rights, interests, privileges, and claims
• Services

Value is defined under the same statute as:

• When a trade secret does not have a readily ascertainable market value, its value will be 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
• When a written instrument does not have a market value that is readily ascertainable, its value may be the amount due or the highest amount of financial losses that the owner is likely to suffer because of the fraud.
• 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

The values of separate properties obtained in one scheme to defraud—whether from the same person or from several persons—will be aggregated to determine the penalties that may apply for the offense. If the value of property cannot be determined, the judge, jury, or other trier of fact can find the value to be at least a certain amount. If a minimum value cannot be ascertained, then the value will be an amount less than $300.

Penalties for an Organized Fraud Conviction

When multiple properties are obtained in a single scheme to defraud, the values of the properties are aggregated in order to determine the severity of the offense.

Under Florida Statute § 817.034(4), organized fraud crimes are categorized as follows:

• $50,000 or more: First-degree felony, which may be punishable by up to 30 years in prison and/or a fine of up to $10,000
• $20,000 to $50,000: Second-degree felony, which may be punishable by up to 15 years in prison and/or a fine of up to $10,000
• $300 to $20,000: Third-degree felony, which may be punishable by up to five years in prison and/or a fine of up to $5,000
• Less than $300: First-degree misdemeanor, which may be punishable by one year in jail and/or a fine of up to $1,000

Alleged victims may also be entitled to restitution, and alleged offenders may have their assets seized under forfeiture laws in order to pay restitution. Organized fraud offenses that allegedly involved the use of the United States Postal Service or electronic communications can also lead to federal charges for mail fraud or wire fraud.

Contact Our Miami, Florida Organized Fraud Lawyer

If you fear that you could be under investigation for fraud, or if you have already been arrested in Florida for an alleged scheme to defraud, you should not make any kind of statement to authorities without legal counsel. As a former Assistant State Attorney, Miami organized fraud defense attorney Evan Hoffman understands what to look for when investigating these cases, as well as the most effective ways to defend them. Contact our office at 305-249-0090 now to meet with us during a free consultation.