Fort Lauderdale, Florida Organized Fraud Lawyer

Attorney Defending Against Charges Related to Fraudulent Schemes in Fort Lauderdale

Of the various offenses grouped under the umbrella of white collar crimes, fraud is one of the most common charges people may face. In some cases, multiple acts of fraud could lead to charges of organized fraud, which is a serious criminal offense in Florida. People accused of these offenses may face significant penalties, including long-term imprisonment and substantial fines.

Under the Florida Communications Fraud Act, a person may be charged with organized fraud if they are suspected of engaging in a scheme to defraud others using any form of communication. These charges often involve allegations of deceitful or dishonest conduct across multiple interactions or transactions. Because of this, they can be complex to investigate and prosecute.

Defending against these charges will require the help of an attorney who has a strong understanding of the legal and financial factors involved in organized fraud and who has experience representing clients in criminal cases. At The Hoffman Firm, our lawyer can provide a strategic defense in cases involving complex financial allegations. He takes a thorough and aggressive approach to every case, working to defend against criminal convictions.

What Is Organized Fraud?

Organized fraud is defined under Florida Statutes § 817.034. Under this statute, a scheme to defraud may involve ongoing conduct and systematic actions meant to obtain money or property from one or more people through misrepresentations, false pretenses, or fraudulent promises. The law applies to fraudulent activity that involves the use of communication, including:

• Emails or text messages
• Telephone calls or voicemails
• Internet-based communications
• Written correspondence
• In-person conversations

Unlike isolated instances of fraud, organized fraud involves a pattern of behavior, such as repeated transactions or a series of misrepresentations directed at multiple victims.

Examples of Situations That Could Lead to Organized Fraud Charges

A person may be charged with organized fraud in various contexts involving financial transactions or the transfer of money or other assets. Common examples of organized fraud include:

• Operating a fraudulent business or investment scheme
• Selling fake products or services online through deceptive advertising
• Submitting multiple false claims to insurance companies or government benefit programs
• Using false identities or forged documents in multiple real estate transactions
• Engaging in phishing scams or other online fraud targeting multiple victims
• Misrepresenting credentials or qualifications in order to secure employment or contracts

Penalties for Organized Fraud

The penalties that may apply for a person who is convicted of organized fraud will be based on the total value of property obtained during the course of a fraudulent scheme:

• If the value is $50,000 or more, the offense is a first-degree felony, punishable by up to 30 years in prison.
• If the value is more than $20,000 but less than $50,000, it is a second-degree felony, punishable by up to 15 years in prison.
• If the value is less than $20,000, it is a third-degree felony, punishable by up to five years.

In addition to a prison sentence, a conviction may result in thousands of dollars in fines, the requirement to pay restitution to victims, probation, and the loss of a professional license. A person will have a permanent felony record, which could affect their ability to find employment in the future. Their trustworthiness may be called into question, limiting their opportunities to engage in successful transactions or business deals.

Defense Strategies for Organized Fraud Charges

Our lawyer can perform a careful analysis of an alleged scheme to defraud, the communications in question, and the intent behind a person's actions. He will develop a defense strategy that fits the facts and challenges the assumptions made by the prosecution. Some options for defense that may be available include:

• Lack of Intent to Defraud: If a person's conduct was based on a misunderstanding, mistake, or lack of knowledge, our attorney may argue that no criminal intent existed.
• Insufficient Evidence: In many organized fraud cases, the prosecution may rely on circumstantial evidence or guilt may be assumed based on a person's involvement in certain types of business practices. Our attorney can review financial records, communication logs, and transaction histories to determine whether the government can meet its burden of proof.
• No Actual Loss: If no property was actually obtained through an allegedly fraudulent scheme, or if the alleged victim did not suffer any financial loss, our lawyer may argue that a case should be dismissed.
• Illegal Search or Seizure: Fraud investigations may involve the seizure of computers, phones, and financial records. If law enforcement violated search and seizure laws when gathering evidence, our attorney may move to suppress this evidence and ensure that it cannot be used in a criminal case.
• Duress or Coercion: In some cases, a defendant may have participated in a fraudulent scheme under pressure or threats from another party. Our lawyer may present this issue as a mitigating factor or a defense against organized fraud charges.
• Overcharging or Misclassification: Prosecutors may bring organized fraud charges when the conduct should result in a lesser offense, such as a single instance of fraud. Our attorney can challenge the scope and nature of the alleged scheme to seek a reduction in charges when appropriate.

Contact Our Fort Lauderdale, FL Organized Fraud Attorney

A conviction for organized fraud can result in serious legal and financial consequences, but with experienced legal representation, you may be able to avoid the most severe outcomes. At The Hoffman Firm, our attorney can review your case and build a defense strategy designed to secure the best possible results for you. Contact our Fort Lauderdale organized fraud defense lawyer at 954-524-4474 and schedule a free consultation.