Navigating Organized Scheme to Defraud Charges in Coral Gables

Being accused of an organized scheme to defraud can be an incredibly stressful and frightening experience. These charges carry serious penalties, and having an experienced defense attorney on your side is crucial. As Coral Gables fraud defense lawyers, we have extensive experience representing clients facing allegations of complex financial crimes.

In this article, we’ll provide an overview of organized scheme to defraud laws in Florida, typical defenses, and why working with a local Coral Gables attorney can give you the best chance at a favorable outcome.

What is an Organized Scheme to Defraud in Florida?

Florida statute 817.034 defines an organized scheme to defraud as when someone “engages in a scheme to defraud” and obtains property valued over $50,000. This offense is a first-degree felony, punishable by up to 30 years in prison and $10,000 in fines.

Prosecutors typically pursue these charges when there is evidence of an elaborate, systematic attempt to illegally obtain money or property. Some examples include investment fraud, certain types of identity theft, mortgage fraud, and insurance fraud scams.

Unlike a crime committed in the heat of the moment, an organized scheme to defraud requires advanced planning and coordination over an extended period. Prosecutors will attempt to prove the suspect intentionally developed a fraudulent operation to steal funds or assets.

How is this Different from a Ponzi Scheme?

While they are similar white collar crimes, there are some key differences between a Ponzi scheme and an organized scheme to defraud under Florida law.

A Ponzi scheme involves paying existing investors with funds collected from new investors, instead of actual profits from a legitimate business operation. This fraudulent system eventually collapses when the flow of new investments stops.

An organized scheme to defraud is a more general offense that can apply to Ponzi schemes, but also many other types of calculated, systematic fraud. The unifying factor is there is evidence showing the suspect specifically developed a plan to illegally obtain money or property through deception.

What are Some Typical Defenses to This Charge?

Fighting accusations of an organized scheme to defraud often requires nuanced legal defenses tailored to the specific facts of the case. But some common defenses we frequently employ include:

• Lack of criminal intent – These charges require prosecutors to establish you had an intent to defraud. We can argue there is insufficient evidence you purposefully developed a scheme with illegal aims, versus simply making poor financial or business decisions.
• Lack of direct involvement – With complex fraud organizations, it is not uncommon for suspects to claim they were unaware of illicit activity or they played a minor role without criminal intent. We can advocate you did not actively or knowingly participate.
• Statute of limitations – In Florida financial crime cases, prosecutors generally must file charges within 5 years. We scrutinize the timing of the alleged offenses and whether the window to prosecute has expired.
• Violation of rights – We carefully examine the investigation for constitutional violations that could result in evidence being suppressed or the case dismissed. This includes issues with search warrants, interrogations, wiretaps, and arrests.
• Insufficient evidence – Successfully fighting these allegations requires closely analyzing the documentation, financial records, witness testimony, and other evidence. We aggressively exploit any holes or inconsistencies to undermine the prosecution’s case.

Proving a complex scheme with multiple victims over an extended timeframe is challenging. An adept defense focused on reasonable doubt regarding your intent or direct actions can beat the charges at trial.

Why Coral Gables White Collar Crime Lawyers are Essential

Facing accusations of orchestrating an elaborate fraud scheme is extremely unnerving. The financial penalties and reputation damage alone can destroy careers and stability, even without a criminal conviction.

For the best chance at preserving your future, engage an experienced legal team intimately familiar with South Florida courts, judges, and prosecutors. As veteran Coral Gables white collar crime attorneys, we offer in-depth understanding of how these cases are handled locally across Miami-Dade County.

An organized scheme to defraud conviction also triggers forfeiture proceedings allowing the state to seize assets. We fight to protect your property and money from civil seizures or criminal fines that could leave you bankrupt. Our backgrounds in complex financial crime, tracing illicit funds, and asset recovery inform strong strategies.

Being indicted for allegedly victimizing community members you know and interact with daily also cannot be underestimated. We appear regularly in Coral Gables and understand the unwritten local dynamics that influence the justice system. We leverage our regional ties and track record dealing with local detectives, forensics analysts, and prosecutors to gain advantages for you.

Breaking Down a Recent Local Organized Fraud Case

To better understand how an organized scheme to defraud case unfolds in South Florida, let’s examine a recent example:

In 2021, federal authorities arrested a Coral Gables nurse practitioner named Rodney Moret for allegedly orchestrating an interstate scam targeting senior citizens. Investigators claim Moret and his co-conspirators contacted victims posing as concerned relatives needing emergency financial assistance.

• The victims were convinced to rapidly wire funds or ship cash to addresses tied to Moret.
• In total, the scheme is accused of defrauding victims of over $1 million from across 10 states.
• Following his arrest, Moret faced charges of conspiring to commit mail and wire fraud plus aggravated identity theft.
• As a licensed medical professional with no prior arrests, Moret retained legal counsel to actively dispute the allegations and charges.

Had Moret approached our team immediately, we would have focused on intervening before indictments by contacting detectives and prosecutors. We would argue Moret had no direct role and likely no knowledge of illicit acts perpetrated by others using addresses with some tie to him.

We would also highlight his sterling professional and community reputation built over many years in Coral Gables. And we would prepare to trace the flow of funds to show he did not personally benefit or intentionally facilitate a conspiracy.

Now facing a federal trial, our defense would center on inconsistencies in the evidence regarding his intent and actions. With no direct victims or recordings of him actively participating, we could undermine the prosecution’s version of events.

Overall, Moret’s case highlights the importance of retaining skilled white collar crime counsel early when facing accusations of orchestrating an organized scheme to defraud. Leveraging local experience and connections while evidence is still fresh can make or break the outcome.

Trust Coral Gables White Collar Crime Defense Attorneys

Allegations of fraud can utterly devastate your finances, freedom, and reputation. For the best chance at minimizing damages, you need an assertive, resourceful defense team on your side from the start.

Our Coral Gables white collar criminal defense attorneys offer sharp legal minds, intimate local familiarity, and a stellar track record even against extensive prosecution evidence. If you believe you are under investigation or could be arrested for an organized scheme to defraud soon, contact us immediately for emergency representation.

We provide free case assessments, so you understand where you stand and how to navigate the charges strategically. Rely on our Coral Gables fraud defense lawyers to protect your future. Reach out online or call 24/7 to get started.