Types of Fraud Charges in Florida

Crimen falsi is Latin for “crime of dishonesty.” A conviction for fraud, Florida Statute 817.034, is unique because it is seen as a reflection of a person’s honesty. Fighting these charges often involves going through bank statements, business records, recorded surveillance, and phone records.

Below is a list of common fraud charges:

Welfare fraud

  • Florida Statute 414.39
  • There are several ways to commit welfare fraud when applying for aid or benefits from state or federal programs. Typical cases involve: failing to disclose material facts, failing to report a change in circumstances, altering or forging food stamps or Medicaid cards, and receiving unauthorized payments.

Fraudulent use or possession of personal identification information

  • Florida Statute 817.568
  • This is the willful and unauthorized use or possession with intent to use the personal identification information of another without their consent.

Organized fraud/Scheme to defraud

  • Florida Statute 817.034
  • Involves obtaining property through an ongoing, systematic course of conduct with the intent to defraud one or more people.

Forgery and Uttering

  • Florida Statute 831.01 & 831.02
  • Forgery is the falsifying of a document with the intent to defraud another person. Uttering is the passing of such a document knowing it to be forged and with the intent to defraud. Although the facts may arise from a single event, Forgery and Uttering are crimes independent of each other.

Worthless checks

  • Florida Statute 832.05(2)(a)
  • This is essentially passing a bad check. This act becomes criminal if the payor knows there are insufficient funds in the account, and they know there is no arrangement with the bank to pay the amount in question.

Fraudulent use of a credit card

  • Florida Statute 817.61
  • This occurs when a person uses a credit card with the intent to defraud to obtain goods or services. These cases generally involve credit cards that are stolen or forged.

Fraud Defenses

The most common defenses for fraud are:

  • Authorization/Consent
  • Knowledge: whether knowing and intentional
  • Identity

As a felony prosecutor, Attorney Brandon Gans handled many white-collar crime and fraud cases. He understands the nature of these offenses and the body of potential evidence. Attorney Brandon Gans uses that knowledge to find deficiencies in the prosecution’s case when defending these types of charges.

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My husband was on probation for failure to return rental property in another county, while he caught on another case in Orange County for 2 resisting arrest without violence, battery on a leo, and defrauding an innkeeper. Mr. Gans from the moment that I spoke with over the phone and in person was always professional, courteous, and most of all very compassionate. He consulted with me and my husband regarding all our options and the best route to go. Mr. Gans was able to get the remainder of the probation sentence dismissed completely dismissed and as far as the new charges were dismissed with time served… Without a doubt Gans Law is truly amazing and the best in town! Thank you Mr Gans.