Navigating Organized Scheme to Defraud Charges in Kendall – A Lawyer’s Perspective

Organized scheme to defraud charges are on the rise in Kendall, Florida. As a criminal defense lawyer practicing in the area, I have seen an uptick in these types of white collar cases over the past few years. In this article, I want to provide some background on organized scheme to defraud laws, typical scenarios these charges arise from, and potential defenses to explore if you find yourself accused.

What is an Organized Scheme to Defraud?

In Florida, an organized scheme to defraud is defined by Section 817.034 of the Florida Statutes. This law makes it illegal to engage in a systematic, ongoing course of conduct with the intent to defraud one or more persons or entities, or obtain property from them by false or fraudulent pretenses, representations, or promises.

Some examples of organized schemes to defraud include:

• Mortgage fraud schemes – Falsely inflating home values or income to obtain larger mortgage loans.
• Embezzlement schemes – Stealing money from a business, nonprofit, homeowners association etc. over time.
• Investment frauds – Using false information to convince victims to invest then pocketing the money.
• Identity theft rings – Stealing personal information to open fraudulent accounts.
• Staged accident rings – Organizing fake car crashes to file fraudulent injury claims.

As you can see, an organized scheme to defraud is a broad category that covers systematic fraudulent activities targeting property or money. The “organized” component refers to the ongoing, coordinated effort behind the frauds.

Recent Organized Scheme Cases in Kendall

I want to highlight two recent organized scheme to defraud cases out of Kendall that illustrate some typical scenarios these charges arise from.

In November 2022, the former president of a Kendall homeowners association was arrested on charges of racketeering, organized scheme to defraud, money laundering and grand theft. According to allegations, she misused association funds and resources to target rivals within the community. This is an unfortunately common example of embezzlement within a homeowners association or condominium board.

Another case from 2008 involved a Kendall lawyer criminally charged for participating in a mortgage fraud scheme. Many real estate professionals were involved in inflating property values during the housing bubble years last decade. Mortgage fraud continues to be a major source of organized scheme prosecutions in South Florida.

Building a Strong Defense to Organized Scheme Charges

Fighting accusations of an organized scheme to defraud present numerous challenges. These cases often involve complex financial transactions and spans of time. However, an experienced white collar criminal defense lawyer can carefully examine the prosecution’s evidence and build an effective defense.

Here are some potential defenses we may explore:

Lack of criminal intent – For any fraud charge, the state must prove you knowingly participated with intent to defraud. Evidence showing a lack of intent or knowledge of illegal activities can defeat charges.

Statute of limitations – For a felony organized scheme, prosecution must begin within 5 years. Reviewing dates can reveal charges filed too late.

Entrapment – If law enforcement induced you to commit fraud crimes you otherwise wouldn’t have, an entrapment defense may apply.

Improper police conduct – Exploring how the investigation was conducted can potentially lead to evidence getting thrown out on constitutional grounds.

The best defense strategy depends on the specific facts and evidence in your case. Through a detailed assessment of the prosecution’s case and background investigation of our own, an experienced lawyer can piece together the appropriate defense.

Take an Organized Scheme Charge Seriously

I want to emphasize that organized scheme to defraud cases aren’t simply about correcting paperwork or paying back money. These are serious felony criminal charges that carry substantial penalties in Florida of:

• Up to 30 years in prison.
• Restitution to victims.
• Fines up to $10,000.

The complex investigations behind these cases also come with drastic consequences beyond potential jail time. Homes, bank accounts, businesses and assets may be seized or frozen. Professional licenses can be revoked or suspended. And you may be barred from certain industries or types of work.

If you are under investigation or have been arrested for organized scheme charges, I strongly encourage consulting with a criminal defense lawyer as early in the process as possible. An experienced attorney can engage with investigators and prosecutors to protect your rights and try to resolve the case favorably before charges are even filed.

Why Choose Us For Your Organized Scheme Defense?

As a boutique, client-focused criminal defense firm practicing in Kendall for over 15 years, I want to emphasize five key reasons to choose us to defend your organized scheme charges:

1. Exclusively handling state and federal criminal defense cases – Staying dedicated to one area of law makes us highly-skilled specialists.
2. Decades of experience achieving successful results in complex fraud cases – We have taken on hundreds of white collar cases over the years with proven strategies.
3. Building strong attorney-client relationships – We take the time to understand you, your motivations, and build a defense around your story.
4. Meticulously investigating to exploit flaws in the prosecution’s case – We dig deep leaving no stone unturned looking for weaknesses to attack.
5. Aggressively defending your rights and future – Rather than quickly advising clients to take plea deals, we fight hard to achieve the best possible outcome.

If you or a loved one are facing organized scheme to defraud charges in Miami-Dade County, schedule a free case review right away. An open and honest discussion of your charges allows me to assess your defense options and build an effective strategy. Together we will get through this difficult time.