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Fraud Schemes

Fraud is broadly understood to be an elaborate con, like a Ponzi scheme. But fraud can actually be much simpler than that, and it’s surprisingly common. If you or a loved one have been charged with fraud, contact the experienced legal team at Hanlon Law today to schedule a free consultation. 


What are Fraud Schemes?


Florida statute 817.034 defines schemes to defraud as a systematic, ongoing pattern of conduct in which you willfully defraud (or attempt to defraud) another person(s), or otherwise obtain (or attempt to obtain) their property under false pretenses. Generally speaking, this includes misleading said person(s) with false pretenses, and willfully misrepresenting future actions or behaviors. 


The inclusion of attempts means that the fraud scheme doesn’t actually have to be successful for you to be convicted under this statute. So, even if you don’t actually obtain any ill-gotten property, you can still go to jail. 


It’s also important to note the inclusion of “willfully.” This means that you can only be charged with fraud if you are found to have acted with the intention to commit fraud. So, for example, if you in good faith believed the property in question belonged to you, and any misleading or misrepresentations were committed under this inaccurate but genuine belief, then there was no actual intent to defraud. You may still face repercussions, but cannot be charged under this statute. 


Organized vs. Communications Fraud


Fraud is divided into two categories: organized fraud and communications fraud.


Organized fraud is defined as any successful attempt to fraudulently obtain property, be it physical, intellectual, or otherwise. Basically, a fraud scheme where you actually ended up obtaining someone else’s property under false pretenses. This kind of charge covers the entire fraud scheme, meaning you’ll only be charged with one count of organized fraud per scheme.


Communications fraud, on the other hand, is any attempt to defraud via mail, telephone, or electronic means (email, texting, instant messaging, etc). These attempts are charged individually, which means you will be charged with as many counts of communications fraud as communications discovered. So, for example, say you send four separate emails in relation to the fraud, make three separate phone calls, and also send eight text messages. This could lead to fifteen counts of communications fraud. 


What are the Legal Repercussions of Fraud Schemes?


The sentencing for fraud depends heavily on the value of the fraudulently-obtained property, as well as whether the fraud is classified as organized or communications.


Organized Fraud 


  • Less than $20,000 – third-degree felony (up to 5 years in prison, up to $5,000 fine)
  • Between $20,000 to $50,000 – second-degree felony (up to 15 years in prison, up to $10,000 fine)
  • Greater than $50,000 – first-degree felony (up to 30 years in prison, up to $10,00 fine)

Communications Fraud 


  • Less than $300 – first-degree misdemeanor (up to 1 year in jail, up to $500 fine)
  • Greater than $300 – third-degree felony (up to 5 years in prison, up to $5,000 fine)


How to Defend Against Fraud Charges


In order to secure a conviction, the prosecution must be able to prove beyond a reasonable doubt that you: 


  • Willfully attempted to obtain another person’s property
  • Used false or fraudulent pretenses, representations, promises, or other misrepresentations of a future act
  • Show a “systematic, ongoing” pattern of conduct


Possible defenses against these points include: 


  • You did not intend to commit fraud or otherwise acted in good faith
  • The property in question was not fraudulently obtained
  • There was no property obtained
  • The means by which the property was obtained do not constitute fraud
  • The incident cannot be charged as fraud as the offense has already been charged under another statute such as theft (double jeopardy).


Kissimmee Criminal Defense Lawyers 


Whether it’s a massive Ponzi scheme or something far tamer, the state of Florida takes every instance of fraud seriously. To avoid potentially life-altering consequences, it’s vital to seek legal counsel as soon as you suspect you may be under investigation for fraud. Will Hanlon with Hanlon Law has nearly two decades of experience in and out of the courtroom. We’ll advocate aggressively on your behalf at every opportunity to help you secure the best possible outcome. Don’t wait; contact Hanlon Law today to schedule a free consultation.

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