Organized Fraud

Any person who engages in a scheme to defraud and obtains property from the scheme is guilty of organized fraud. Though referred to as organized fraud, this offense is set forth in the Florida Communications Fraud Act. Nevertheless, the State is not required to prove that the defendant "communicated" as part of a scheme to defraud charged pursuant to the organized fraud section of the Act. A "scheme to defraud" means 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.

Organized fraud includes the following elements:

• (1) Engaging in or furthering a systematic, ongoing course of conduct;

• (2) With intent to defraud or intent to obtain property by false or fraudulent pretenses, representations, or promises, or willful misrepresentations of a future act; and

• (3) Resulting in temporarily or permanently depriving any person of the right to property or a benefit there from or appropriating the property to one's own use or to the use of another person not entitled thereto.

Whether a defendant is engaged in an ongoing scheme or course of conduct is a question for the jury in organized fraud prosecution.

If the amount of property unlawfully obtained through organized fraud has an aggregate value of $50,000 or more, the offense is a felony of the first degree, punishable by up to 30 years in prison. If the amount of property obtained has an aggregate value of $20,000 or more but less than $50,000, the offense is a felony of the second degree, punishable by up to 15 years in prison. If the amount of property obtained has an aggregate value of less than $20,000, the offense is a felony of the third degree, punishable by up to five years in prison.

Common fraudulent practices declared to be criminal offenses, include:

• Making a false statement relating to financial condition, assets, or liabilities to obtain money or property by credit

• Obtaining refunds by fraud

• Misleading solicitation of payments

• Obtaining property by a fraudulent promise to furnish inside information

• Selling used goods as new

• Fraudulently obtaining goods or services from a health care provider

• False charges for repairs and parts

• Fraudulently obtaining food, lodging, or other accommodations

• Certain sales of used motor vehicle goods as new or original

As a prosecutor in the economic crimes unit, Erick Cruz was responsible for the prosecution of organized fraud crimes.  During his time as a prosecutor Erick Cruz was trained on the law related to organized fraud crimes and learned the different investigative techniques used by police to gather evidence.  With this experience, Erick has successfully defended clients accused of organized fraud in various degrees.  Oftentimes, through persuasion, diligent investigation and skillful defense, he has obtained dismissal of organized fraud cases, reduced charges and reduced sentences.  Also, with Erick’s advice and counsel, he can preserve your ability to seal and expunge your case.    

Call Erick to discuss your case with him and find out how to get your organized fraud case dismissed or charges and sentence reduced and arrest record sealed or expunged.