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Melbourne Fraud Crime Defense Lawyer

Common Fraud Crimeshandcuffs

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.

    Commonly Asked Questions

    What should I do if I am accused of fraud?

    If you are accused of fraud, it is crucial to remain calm and seek legal advice immediately. Do not make any statements to law enforcement without a lawyer present, as anything you say can be used against you.

    Can I represent myself in a fraud case?

    While it is legally possible to represent yourself in a fraud case, it is highly discouraged. Fraud law is complex, and having an experienced attorney can significantly impact the outcome of your case.

    What are the long-term consequences of a fraud conviction?

    A fraud conviction can lead to long-term consequences such as difficulty finding employment, loss of professional licenses, and damage to your reputation. It may also affect your ability to obtain loans or housing.

    How can I prove my innocence in a fraud case?

    To prove your innocence, you may need to provide evidence that demonstrates your lack of intent to commit fraud or that you did not engage in the alleged actions. This can include documentation, witness testimony, and expert opinions.

    What is the difference between state and federal fraud charges?

    State fraud charges are typically related to crimes that occur within a single state, while federal fraud charges involve violations of federal laws or crimes that cross state lines. Federal charges often carry more severe penalties.

    Are there any diversion programs for first-time fraud offenders?

    In some cases, first-time offenders may be eligible for diversion programs, which can allow them to avoid a criminal record upon successful completion of certain requirements. It's important to consult with a legal professional to explore available options.

    Our Case Results

    From murder charges to alleged fraud, our case successes speak for themselves. Our clients themselves testify to the premium care that our firm holds as a standard for all of our cases.
    • Dismissed A prominent European inventor, Mr. R. was accused of corporate espionage. He was arrested and formally charged with Theft of Trade Secrets, Conspiracy to Commit First Degree Grand Theft, Grant Theft over $100,000.00 and Organized Trafficking of Stolen Property. After hotly-contested pre-trial litigation, the Government conceded and dismissed all charges. Corporate Espionage White Collar/ Fraud
    • Dismissed A popular teacher, Mr. J. was arrested and charged with Organized Fraud and 8 additional felonies of Fraud. After a year-long investigation and consultation with experts, the attorneys demanded a speedy trial. Consequently, the Government dismissed all 9 counts against Mr. J. Organized Fraud and 8 additional felonies of Fraud. White Collar/ Fraud
    • Dismissed A well-respected Arizona business man, Mr. F. was the target of a Federal investigation involving bribery and bid rigging for jet parts in the U.S. Navy. The attorneys successfully thwarted any indictment and further criminal prosecution. Bribery and Bid Rigging for Jet Parts in the U.S. Navy White Collar/ Fraud
    • Dismissed A prominent cardiologist, Dr. S. was accused of Insurance Fraud. Funk, Szachacz & Diamond was asked to join her defense team. After agreeing to represent Dr. S., the firm successfully facilitated a resolution resulting in no criminal convictions for Dr. S. Insurance Fraud White Collar/ Fraud
    • Dismissed Mr. G. was the target of a massive investigation by the Office of the Statewide Prosecution. The Government was alleging a 15 county fraud throughout Florida as a result of three devastating hurricanes. The Brevard County Sheriff’s Office assigned an Agent to work full-time to investigate Mr. G. After the firm took the unusual step of calling the Agent and the Assistant Statewide Prosecutor as witnesses in a pre-trial hearing and after demanding a speedy trial, the Government abandoned its prosecution on the morning of trial thereby completely exonerating Mr. G. 15 County Fraud Throughout Florida White Collar/ Fraud
    • Dismissed A prominent home builder, Mr. J. was arrested and formally charged by the Office of the State Attorney with 1st degree Organized Fraud, Felony False Statement and 2nd degree Felony Misapplication of Funds. After the firm conducted a massive 3.5 year pre-trial investigation and amid an ABC News exposé on Mr. J., the Government dismissed all counts. 1st Degree Organized Fraud, Felony False Statement and 2nd Degree Felony Misapplication of Funds. White Collar/ Fraud
    • Acquitted Mr. Q. was arrested and formally charged with 5 counts of Sexual Battery and 1 count of False Imprisonment. After the lawyers conducted an extensive investigation, Mr. Q. demanded to have his day in court. After a jury trial, Mr. Q. was acquitted of all Sexual Battery counts as well as the False Imprisonment count. 5 Counts of Sexual Battery and 1 Count of False Imprisonment. White Collar/ Fraud
    • Dismissed A U.S. Postal Worker, Ms. S. was the target of a Federal Fraud investigation. After providing handwriting exemplars and the firm conducting pre-trial investigation, the firm successfully thwarted any prosecution. Federal Fraud Investigation White Collar/ Fraud
    • Dismissed Mr. C was a CPA charged by the United States with multiple counts of felony fraud against the I.R.S. and facing numerous years in Federal prison. Attorneys successfully defended Mr. C. resulting in no incarceration. Multiple Counts of Felony Fraud Against the I.R.S White Collar/ Fraud
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    • American Inns of Court
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    • World Justice Project
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    Contact Us Today

    Entrust your case to a proven and esteemed defense team.
    1. All of our attorneys are certified by the Florida State Bar, making them the only all certified team in the state.
    2. We do not cut corners. Every case is handled with the utmost integrity and complete honesty.
    3. From NASA employees to school teachers, our team has an undeniable track record of success.
    4. We take your case seriously and personally. You deserve diligent representation.
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