If you or a loved one has been arrested or is being investigated for Organized Fraud, it is critical to consult with an experienced Miami organized fraud attorney as soon as possible to ensure that your rights are protected. You need the counsel of an experienced lawyer to guide you through the process and maximize your chances of resolving your case with a favorable outcome.
What is Organized Fraud?
In order to prove the charge of Organized Fraud, the prosecutor has to prove two elements:
1. That the defendant engaged in a scheme to defraud.
2. That the defendant obtained property by using the scheme to defraud.
A “scheme to defraud” is technically 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” (the federal government can also prosecute a “scheme to defraud” as a federal crime, typically wire fraud.) In plain English, it basically means that a scheme to defraud is when the defendant is accused of intentionally misrepresenting something in order to get something of value from another person. In other words, fraud.
There are different levels in Organized Fraud just like there are degrees in theft. The maximum punishment someone faces, if they are convicted of organized fraud, depends on the value of the property obtained.
What is the Punishment for Organized Fraud?
The possible penalties for Organized Fraud are based on the combined value of the property that the person allegedly obtained via the Scheme to Defraud.
The greater the value, the greater the possible sentence:
- Organized Fraud of $50,000 or More is a First Degree Felony which means that it is punishable by up to thirty (30) years in state prison if convicted.
- Organized Fraud of $20,000 to $50,000 is a Second Degree Felony which means that it is punishable by up to fifteen (15) years in state prison if convicted.
- Organized Fraud of less than $20,000 is a Third Degree Felony which means that it is punishable by up to five (5) years in state prison if convicted.
Florida Communications Fraud Act – Florida’s organized fraud statute.
Jury Instructions for Organized Fraud – Jury instructions in Word format from the Florida Supreme Court.
Contact an Experienced Miami Organized Fraud Attorney
Over the years, we have represented hundreds of clients in a wide range of cases. There is a good chance that we have dealt with your type of case and have represented clients who shared similar needs and concerns that you may have. Feel free to browse through the results section of our site for a representative sample of some of our past cases, and the results we have achieved for our clients.
By taking the immediate action of hiring an experienced Organized Fraud attorney in Miami to defend yourself, you are minimizing the chances that an Organized Fraud charge will have lasting consequences for your career, personal life, and reputation. CALL US NOW for a CONFIDENTIAL CONSULTATION at securely encrypted intake form. The additional details you provide will greatly assist us in responding to your inquiry., or simply take a moment to fill out our
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