Organized Fraud, Communications Fraud, and Phishing
Generally, fraud in Miami is committed when a person deceives another to either cause them damage and/or for personal gain. The most common frauds involve money. Other types of criminal fraud cases include Mortgage Fraud, Bank Fraud, Marriage Fraud, Bankruptcy Fraud, Check Fraud, Credit Card Fraud, Insurance Fraud, Medicare Fraud, and Internet Fraud. Typically, prosecutors will charge those accused of fraud with mail fraud and/or wire fraud because most often, defendants use the U.S. Postal Service and/or telephone and/or Internet in order to facilitate their offenses.
Besides the above-mentioned examples of fraud, there is also Organized Fraud. This form of fraud is more harshly punished and is committed when an individual actually acquires property under a defrauding scheme.
Unlike Communications Fraud, there is no requirement with organized fraud that mail, telephone, or electronic communications occurred as part of the defraud scheme.
Communications fraud occurs when a person engages in a defraud scheme and communicates with another person by mail, telephone, or electronic means in order to fraudulently acquire property.
Phishing is a kind of fraud that is relatively recent. This act includes perpetrators who, under a false identity, create websites, send mails or emails or perform other tasks. Most frequently such people will submit payment requests, or make fake websites that appear legitimate to accept credit card transactions. Other than supplying the victim with an object or service, the perpetrator would be taking their financial details and money for their own use.
For a person in Florida to be deemed guilty of fraud, the prosecution must prove that the actions of the person included these elements:
- Awareness their argument was false
- A mistaken assertion of truth
- As a result, an injury to another
- The victim's fair confirmation of the statement the individual made
- An intent on the part of the defendant to deceive the victim
Lots of different cases exist where people are wrongly accused of fraud. Being charged with fraud will adversely affect the life and freedom of an individual. For this purpose, it is important for those accused of fraud to consult an experienced defense attorney to secure their legal rights as soon as possible.
There are multiple legal defenses in Florida that can be used to provide an argument against a conviction in court. Double jeopardy is among the most common and one of the first ones used in court. The majority of cases involving fraud concern different levels of the same offense. A single conviction can be imposed on a person accused of multiple theft and fraud crimes. It may be argued that the extra charges or fines would constitute double jeopardy and should, therefore, be dropped.
Another argument concerns the intention to defraud. Individuals convicted of fraud must have shown distinctly that their motive for their acts was in fact to defraud another individual. This is a typical argument regarding investment cases where victims suffer a major monetary loss. There is an argument to be made that the defendant was genuinely interested in assisting those involved but it did not go as expected.
Those accused of fraud will need to have by their side a qualified Florida fraud defense attorney willing to fight for justice. Individuals facing fraud charges may be required to pay millions of dollars in fines and, depending on the form of conviction, they may spend as many as 30 years in jail. Working with a Florida fraud defense attorney would insure that those convicted have the greatest odds of getting their charges dropped or reduced and they don't have to pay heavily for false convictions.
The general information provided above about fraud in Fort Lauderdale is meant for educational purposes only and is not a substitute for speaking directly with an attorney about the facts and circumstances of your case. Please call 954-500-0003 in Broward or 305-674-0003 in Miami to schedule a consultation with the Law Offices of Mark Eiglarsh.