Organized Scheme to Defraud Defense in Miami

Because the charge is built on patterns and dollar totals, the way the State adds up the numbers can decide whether you face a third-degree felony or a first-degree felony. If you are under investigation, or you were just arrested, the time to start fighting the numbers is now.

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What the Law Says

The charge comes from Florida's Communications Fraud Act, s. 817.034 of the Florida Statutes. It defines a scheme to defraud 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 statute creates two main crimes:

• Organized fraud. Engaging in a scheme to defraud and obtaining property through it.
• Communications fraud. Engaging in a scheme to defraud and, to further it, communicating with someone (by mail, phone, text, email, internet, or other electronic means) with intent to obtain property from that person. Each communication can be a separate charge.

Penalties Under Florida Law

Organized fraud is graded by the total value of property 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.

Communications fraud is graded by the value obtained or attempted by each communication:

• $300 or more: a third-degree felony.
• Less than $300: a first-degree misdemeanor.

Other rules that raise the stakes:

• Adding it up. The value of separate properties obtained in one scheme, from one person or from many, is added together to set the degree of organized fraud.
• Older, young, or disabled victims. If the offense is against a person 65 or older, a minor, or a person with a mental or physical disability as defined by law, the charge is raised one level. A first-degree felony becomes a life felony.
• Stacked sentences. The statute allows separate judgments and sentences for organized fraud and for each act of communications fraud in the same scheme.
• Time limit. A criminal case under this section may be started within 5 years after the cause of action accrues. That period can be extended, by no more than 1 year, while the person is continuously out of Florida or has no reasonably findable home or work in the state.

What the degrees mean. Under Florida's general penalty statutes, the maximums are: first-degree misdemeanor, up to 1 year; third-degree felony, up to 5 years; second-degree felony, up to 15 years; first-degree felony, up to 30 years. Fines can be up to $5,000 for a third-degree felony and $10,000 for a first or second-degree felony, or a higher amount equal to double the gain to the offender or double the loss to the victim. These are maximums, not what every case gets. Restitution is also a central issue in almost every fraud case.

Where These Cases Are Won or Lost

• Intent. The State must prove intent to defraud. A business that failed, a deal that went bad, or a promise that could not be kept is not automatically fraud. The line between a broken contract and a crime is often the whole case.
• Systematic and ongoing. The statute requires a systematic, ongoing course of conduct, not a single act.
• The numbers. Prosecutors often start with the biggest total they can claim. We test what was actually obtained, what was legitimate, what was counted twice, and what the State can really prove. Lowering the provable amount can lower the degree of the charge.
• Your role. In multi-person cases, the person who signed the checks, the person who answered the phones, and the person who designed the plan are not the same. We separate your conduct from everyone else's.
• Cooperators. Co-defendants who are trying to help themselves often point at someone else. Their stories get tested.

What to Do If an Investigator Calls

1. Be polite. Say little. Get the name, agency, and phone number.
2. Do not give a statement. You can say you want to speak with your lawyer first.
3. Do not delete, change, or move records, texts, emails, or files. That can create a new charge.
4. Do not contact the other people involved to get your stories straight.
5. Gather your own records: contracts, invoices, bank statements, and communications that show what really happened.
6. If someone is in custody, see Bond & Nebbia Hearings. If there is a warrant, see Self-Surrender.
7. Call us. We can speak with the investigator for you.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

What is the difference between organized fraud and communications fraud?

Organized fraud is engaging in a scheme to defraud and obtaining property through it, graded by the total value. Communications fraud is communicating with someone to further the scheme, with intent to obtain property, and each communication can be a separate charge.

Why does the dollar amount matter so much?

It sets the degree. Under $20,000 is a third-degree felony; $20,000 or more but under $50,000 is a second-degree felony; $50,000 or more is a first-degree felony. Amounts from one scheme are added together.

My business failed. Is that fraud?

Not by itself. The State must prove a systematic, ongoing course of conduct with intent to defraud. A failed business or a broken promise is not automatically a crime.

The alleged victims are elderly. Does that change anything?

Yes. If the offense is against a person 65 or older, the charge is raised one level.

How long can the State wait to charge me?

Generally 5 years after the cause of action accrues, with a possible extension of no more than 1 year while a person is continuously out of Florida or has no reasonably findable home or work here.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.