Accused of a Senior-Scam Fraud in Florida? What an "Organized Scheme" Charge Means
This week, NBC 6 South Florida and other outlets reported that a New York flight attendant was arrested as she arrived at Miami International Airport on a Flagler County warrant. Officials say the case involves a sweepstakes-style scam against a 75-year-old Palm Coast woman, with losses of about $25,310, according to NBC 6. The case is pending, and an arrest is only an accusation. We are not going to talk about her. We are going to talk about a question readers ask when they see a story like this: what does "organized scheme to defraud" actually mean, and why do the numbers matter so much?
An arrest can follow you through an airport
An open warrant can lead to an arrest when you travel, including when you land at a Miami airport. If you learn a warrant exists, the safest move is to call a lawyer before you travel, so surrender and bond can be arranged on your terms.
What Florida's organized-fraud statute says
Florida's Communications Fraud Act says a person who "engages in a scheme to defraud and obtains property thereby commits organized fraud." The penalty depends on the total value obtained:
- $50,000 or more: a first-degree felony.
- $20,000 or more, but less than $50,000: a second-degree felony.
- Less than $20,000: a third-degree felony.
Fla. Stat. § 817.034(4)(a). The value is counted in the aggregate, so many small transactions can be added together into one larger charge. That is why the exact dollar figure, and what can actually be proved, is often the first thing a defense lawyer examines.
Theft and identity charges can be stacked
Prosecutors often charge several offenses from the same events, such as grand theft and misuse of personal identification information. Each charge has its own elements. The State has to prove every element, including intent, beyond a reasonable doubt. Intent is where many fraud cases are won or lost: a person who was a messenger, a user of someone else's account, or simply mistaken is not the same as a person who planned a scheme.
When it goes federal
Scams that use phones, texts, or the internet across state or national lines can also draw federal attention. The federal wire fraud statute reaches anyone who "transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce" writings or sounds to carry out a scheme to defraud, and it provides for imprisonment of "not more than 20 years." 18 U.S.C. § 1343. Whether a case is brought in state court or in federal court in the Southern District of Florida changes the rules, the timeline, and the stakes.
What to do if you are under investigation
- Do not explain yourself to investigators without a lawyer. Honest explanations are often misread.
- Do not delete texts, bank records, or accounts. Deleting can create a worse problem than the one you started with.
- Do not contact the person who made the complaint.
- Write down who, when, and how money moved, and bring it to your lawyer, not to the police.
- If there may be a warrant, call before you travel.
How we can help
Dennis Gonzalez is a former Miami-Dade prosecutor who defends fraud and theft charges in state and federal court. Every case is different, and nothing here guarantees any result.
Call (305) 209-0384. We answer 24/7. Read more on our criminal defense page, and see what is happening in local courts on our Courthouse page.