If you’ve been charged with a “scheme to defraud” in Florida, you’re likely feeling overwhelmed and unsure of what happens next. As a Tampa, FL theft lawyer who has received a 10.0 rating from Avvo can explain, these charges fall under the umbrella of white-collar crime but can carry serious criminal penalties, including prison time, fines, and a permanent criminal record. Whether you’re accused of writing fraudulent checks, using stolen credit cards, or manipulating business records, it’s crucial to understand your rights and legal options.
What Is A “Scheme To Defraud” In Florida?
Florida law defines “scheme to defraud” under the Florida Communications Fraud Act (Fla. Stat. § 817.034). It refers to a systematic, ongoing plan to commit fraud with the intent to obtain property or services from one or more persons.
This charge is often associated with deceptive business practices, false advertising, fake charitable solicitations, or any situation where someone is accused of misrepresenting the truth for financial gain.
There are generally two main types of charges:
- Organized Scheme to Defraud (OSD): Involves multiple acts with the intent to defraud.
- Communicating with Intent to Defraud: Involves specific fraudulent communications (emails, texts, phone calls, letters).
Penalties For Scheme To Defraud
Penalties vary based on the value of the property or services allegedly obtained:
- Less than $20,000: Third-degree felony
– Up to 5 years in prison and a $5,000 fine - $20,000–$49,999: Second-degree felony
– Up to 15 years in prison and a $10,000 fine - $50,000 or more: First-degree felony
– Up to 30 years in prison and a $10,000 fine
In addition to incarceration and fines, a conviction can lead to:
- Restitution to victims
- A permanent felony record
- Damage to professional licenses and future employment
What Must The State Prove?
To convict you of a scheme to defraud, prosecutors must show:
- A systematic course of conduct
- Intent to defraud one or more persons
- That you obtained (or tried to obtain) property or services through false pretenses
Intent is key. The prosecution must prove that you acted knowingly and with fraudulent purpose — not just that a mistake was made or someone felt deceived.
Common Defenses To Scheme To Defraud Charges
Every case is different, but some defenses for scheme to defraud we may use include:
- Lack Of Intent: If you didn’t knowingly act to deceive, you may not be guilty of fraud.
- Misunderstanding Or Mistake: Honest billing or administrative errors can often be mistaken for fraudulent acts.
- Insufficient Evidence: If the state can’t prove each element of the crime beyond a reasonable doubt, the case may be dismissed or reduced.
- Entrapment: If law enforcement coerced you into committing a crime you otherwise wouldn’t have committed.
Early intervention by an experienced defense attorney can make a critical difference — whether that means negotiating for reduced charges, challenging the evidence, or taking the case to trial.
Don’t Wait To Protect Your Rights
If you’ve been arrested or are under investigation for a scheme to defraud in Florida, the time to act is now. These charges are complex, and the sooner you involve a defense attorney, the better your chances of a successful outcome as they will help defend you against a scheme to defraud charge.
Call Stechschulte Nell today to schedule a confidential consultation with one of our attorneys who has been rated by Super Lawyers. We’ll review your case, explain your options, and fight for the best possible result.
