White collar crimes in Florida can carry severe penalties, especially involving deception for financial gain. One such crime, known under state law as an organized scheme to defraud, applies to people who intentionally mislead others to gain money, property, or personal information. This offense is increasingly common due to the rise of digital communication, and law enforcement has intensified efforts to pursue and prosecute these cases. The consequences can be severe if you’ve been charged with fraud in Tampa, and your next steps matter.
What Is an Organized Scheme to Defraud?
Florida law defines an organized scheme to defraud as a coordinated, ongoing plan to deceive individuals and illegally obtain their property or assets. Unlike isolated fraud incidents, this charge applies to patterns of fraudulent behavior that are repeated or sustained over time.
According to Florida Statutes Section 817.034, a person commits this crime when they engage in a systematic, ongoing course of conduct intending to defraud one or more persons.
How Organized Fraud is Committed
While traditional fraud involved paper trails and in-person deception, modern schemes often rely on electronic communication. Prosecutors frequently cite digital tools like:
- Email phishing schemes that impersonate banks or government agencies
- Fake websites that collect personal or financial information
- Telemarketing scams that request money under pretenses
- Social media impersonation or investment fraud
In many cases, suspects use fake identities or businesses to build victim trust. Over time, they collect sensitive data or persuade individuals to send money. These tactics fall squarely within the definition of an organized scheme to defraud.
Legal Penalties for Organized Scheme to Defraud in Florida
The penalties for this crime depend on the value of the property or money obtained:
- Less than $300: This is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine.
- $300 to $19,999: This is a third-degree felony, carrying up to 5 years in prison and a $5,000 fine.
- $20,000 to $49,999: A second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
- $50,000 or more: A first-degree felony with penalties of up to 30 years in prison and a $10,000 fine.
Restitution is often required, meaning the defendant may be ordered to repay victims. In addition, federal charges such as mail fraud or wire fraud may apply if the scheme crosses state lines or uses mail or wire communications.
How Prosecutors Build a Case
Prosecutors need to show that the accused engaged in a consistent pattern of fraudulent behavior. Evidence might include:
- Emails, text messages, or call logs
- Testimony from victims
- Bank records or financial statements
- IP addresses and other digital traces
Defendants sometimes unknowingly participate in fraud. For example, someone may be recruited to process payments or manage communication for what they believe is a legitimate business. If you’ve been accused, do not assume guilt—speak with an attorney immediately.
If you were arrested or charged with organized fraud in Tampa, contact the Matassini Law Firm immediately. Early legal advice can make a difference in your outcome.
Defenses to an Organized Scheme to Defraud Charge
Several defenses may apply depending on your situation. Common strategies include:
- Lack of intent: The state must prove intent to defraud; misunderstanding or error may be a defense.
- Insufficient evidence: Prosecutors need to show a clear pattern of behavior. One-off incidents may not qualify as a scheme.
- Mistaken identity: Digital fraud often involves stolen identities or accounts hacked without the user’s knowledge.
Each case is unique, and building a strong defense requires experience with Florida’s criminal statutes. The attorneys at the Matassini Law Firm handle fraud cases across the Tampa area and are prepared to review your situation in detail.
Why These Charges Require Immediate Attention
White collar crimes like organized fraud may not involve violence, but the penalties can be just as life-altering. A felony conviction can affect your employment, housing, and civil rights. If you believe you are under investigation or have already been charged, delay can harm your case.
Contact the Matassini Law Firm today or call 813-680-3004 to speak with a Tampa criminal defense attorney who understands how these cases work and what’s at stake for you.
FAQ: Organized Scheme to Defraud in Florida
What qualifies as an organized scheme to defraud in Florida?
A pattern of fraudulent behavior intended to obtain money or property under pretenses, typically using electronic communication.
Is organized fraud a felony or a misdemeanor?
It depends on the amount obtained. A misdemeanor under $300 is a felony, but anything more can be charged as a felony with severe penalties.
Can I be charged if I didn’t know a scheme was fraudulent?
Possibly. Intent is required, but prosecutors may try to prove knowledge based on your actions or communications.
Are these charges handled in state or federal court?
They are usually handled in Florida state court, but federal charges may apply if the fraud involved interstate communications.
How can a lawyer help if I’ve been charged?
A criminal defense lawyer can review the charges, challenge the evidence, and work to reduce or dismiss the charges where possible.
Get Legal Help Now if You’re Facing Fraud Charges
Organized schemes to defraud are serious charges under Florida law, with penalties that range from jail time to long-term prison sentences. Don’t wait to take action if you’ve been arrested or believe you’re under investigation. Let the Matassini Law Firm review the facts and provide the representation you deserve. Call 813-680-3004 today to protect your future.