Melbourne Fraud Crime Defense Lawyer
Common Fraud Crimes
Whether a fraud case is prosecuted in state or federal court, the prosecution must prove certain key elements pertaining to the actions. Fraud crimes can be misdemeanors or felonies, depending on the type of crime and circumstances. While a misdemeanor is less serious, the goal should be to avoid any criminal record.
Some of the most common fraud charges include:
- Obtaining property by false personation
- Making false statements to obtain property or credit
- Making false reports by officers of banks
- False report of commission of a crime
- Misleading and false advertisements
- Criminal use of personal identification
- Insurance fraud
- Tax fraud
- Public Assistance
- Sale of used items as new
The prosecution must prove that the individual had knowledge that their statement was not true, the false statement was of material fact, and another person suffered injury as a result. In addition, the defendant’s intention must have been to dupe the victim.
At Funk, Szachacz & Diamond, our Melbourne fraud crimes lawyers have represented many clients in fraud cases, including some high profile cases. Call today for the defense you need: (321) 360-4446!
Fraud Penalties
The penalties for conviction on fraud crimes widely vary depending on the type of fraud and whether the charge is a felony or misdemeanor. Some of the possible consequences include large fines, repayment of money gained through fraudulent activity, and jail or prison sentences.
In some situations, the consequences can be far-reaching and affect your future employment prospects. For example, an individual may lose a professional license or be prohibited from employment in certain professions after a fraud conviction.
Public Assistance Fraud Penalties in Florida
Public assistance fraud refers to reporting false information to the government in order to receive certain benefits. Examples of this crime include reporting a lower income or claiming more dependents than one actually has in order to gain tax benefits or government aid. This crime often takes the form of "welfare fraud."
- If $200 or less was received fraudulently within a 12-month period, the crime is charged as a misdemeanor and can carry a penalty of up to 1 year in jail or probation and a $1,000 fine.
- If more than $200, but less than $20,000, was received fraudulently, the crime becomes a felony and is punishable by a maximum of 5 years in jail and a $10,000 maximum fine.
- The penalties increase as the amount of money involved increases. For example, if more than $100,000 was received fraudulently, a convicted person might face up to 30 years in prison.
Understanding the Different Types of Fraud
Fraud can take many forms, and understanding the various types can empower you to protect yourself and your loved ones. At Funk, Szachacz & Diamond, we specialize in a wide range of fraud cases, and we are here to help you navigate the complexities of each. Here are some common types of fraud you should be aware of:
- Identity Theft: This occurs when someone unlawfully obtains and uses your personal information, typically for financial gain. It's crucial to monitor your accounts and report any suspicious activity immediately.
- Credit Card Fraud: This type of fraud involves unauthorized use of your credit card information, often leading to significant financial loss. Regularly checking your statements can help you catch fraudulent charges early.
- Investment Fraud: Scammers may present fake investment opportunities that promise high returns with little risk. Always conduct thorough research and consult with a financial advisor before making investment decisions.
- Insurance Fraud: This can involve filing false claims or inflating damages to receive undeserved payouts. It not only affects the insurer but can also lead to legal consequences for the perpetrator.
- Online Scams: With the rise of digital transactions, online scams have become increasingly common. Be skeptical of unsolicited emails or messages asking for personal information or money.
By educating yourself about these fraud types, you can take proactive steps to safeguard your assets and well-being. If you suspect you have been a victim of fraud, contact Funk, Szachacz & Diamond for a consultation. Our experienced legal team is ready to assist you in recovering losses and holding perpetrators accountable.
Is Fraud a Federal Crime?
When an individual is accused of committing interstate fraud, federal fraud charges may result. Some common fraud cases prosecuted in federal court include mail fraud and wire transfers. If convicted, you could be sentenced to incarceration in federal prison. Our fraud crimes attorneys in Melbourne have experience in the federal court system and federal trials.
Organized Fraud Convictions
Anyone convicted with organized fraud will be charged with a felony. However, they may also be hit with a federal crime charge based on the incident. The consequences of these can be steep, including fines up to a million dollars as well as 30 years in jail. Those who are victims of the fraud may also seek financial remedies.
If you are facing fraud charges in state or federal court, call (321) 360-4446 for the legal advice you need.