When a state investigator’s report becomes the foundation for felony charges against multiple defendants across six counties, the stakes could not be higher. Our clients, who were involved in roofing work in the aftermath of Hurricane Ian, faced more than two dozen charges across Hillsborough, Manatee, Sarasota, Pasco, Hernando, and Volusia counties. Ultimately, the cases came down to one critical question: Were the charges built on facts, or on something far less reliable?
At The Wiseman Law Firm, we took on these cases with the same aggressive, detail-driven approach that has defined Attorney Simon Wiseman’s more than a quarter-century of criminal defense experience. A former Orange County prosecutor who has tried over a hundred jury and non-jury trials, Attorney Wiseman knows how prosecutors build their cases and, more importantly, how to dismantle them. Through the deposition process, a troubling pattern emerged: homeowners identified as alleged victims refuted key findings in the investigation one by one.
Understanding the Charges
The allegations our clients faced were serious on paper. Under Florida Statute 817.234, filing false and fraudulent insurance claims is a felony offense that can carry significant prison time.
Across multiple counties, our clients faced charges including acting as an unlicensed public adjuster, unlicensed contracting, fraudulent use of personal identification, uttering a forged instrument, a scheme to defraud, and failure to secure workers’ compensation coverage.
Each county filed its cases independently, meaning our clients were simultaneously navigating overlapping prosecutions in different jurisdictions. The sheer breadth of the allegations was part of what made these cases so demanding to defend.
What the Depositions Revealed
The turning point in the defense came through methodical discovery work. Attorney Wiseman deposed the investigator whose reports had initiated the prosecutions, as well as the homeowners who were identified as alleged victims.
What those depositions revealed was striking: the homeowners contradicted core factual claims made in the investigative affidavits.
In one instance, a homeowner confirmed that one of our clients had not gone onto the roof to inspect it, had not discussed any inspection findings with the homeowner, and had done nothing other than ask whether the homeowner wanted a free inspection. This directly undermined foundational claims in the investigation.
These cases are part of a broader pattern drawing statewide scrutiny, with outlets like the Business Observer reporting on concerns about how these insurance fraud investigations are conducted in Florida. Additionally, several of Mr. Wiseman’s clients filed Federal civil claims against DFS and the lead DFS investigator for violations of their Constitutional rights.
The Outcomes Across All Six Counties
The results of our defense work were comprehensive. Every case against our clients was dismissed:
- Hillsborough County: False and Fraudulent Insurance Claims, Acting as a Public Adjuster, and Unlicensed Contracting During a State of Emergency — Dismissed.
- Manatee County: False and Fraudulent Insurance Claims, Acting as a Public Adjuster, Fraudulent Use of Personal Identification, Uttering a Forged Instrument, and Unlicensed Contracting During a State of Emergency — Dismissed
- Sarasota County: False and Fraudulent Insurance Claims, Scheme to Defraud, Unlicensed Contracting, Failure to Secure Workers’ Compensation, and Acting as a Public Adjuster — Dismissed
- Pasco County: False and Fraudulent Insurance Claims and Unlicensed Contracting — Dismissed
- Hernando County: False and Fraudulent Insurance Claims (2 counts), Acting as a Public Adjuster (2 counts), and Unlicensed Contracting — Dismissed.
- Volusia County: False and Fraudulent Insurance Claims, Acting as a Public Adjuster, and Unlicensed Contracting — Dismissed.
Prosecutors across multiple counties independently concluded they could not sustain the charges. This is what a thorough, fact-driven defense looks like.
What These Cases Illustrate About Criminal Defense
Multi-jurisdictional cases involving white collar crime allegations are among the most complex in criminal law. Prosecutors in different counties may be relying on the same underlying investigative report without fully examining its foundation.
When that foundation is flawed, the entire prosecution can collapse, but only if the defense does the work to expose it. Our approach in cases like these is rooted in one principle: leave no tone unturned. We depose investigators and witnesses, we subpoena every available piece of evidence; and we scrutinize every allegation in every arrest affidavit to find out the truth. These cases demonstrate what is possible when defense attorneys refuse to accept law enforcement and the prosecution’s version of events at face value.
Why Civil Litigation Experience Made the Difference
Defending these cases required more than criminal trial skill. It required a deep understanding of how insurance companies operate, since the entire prosecution stemmed from allegations of insurance fraud tied to storm-damage claims.
Attorney Wiseman brought a rare dual perspective to these cases. In addition to over two decades defending criminal charges, he has spent more than 21 years as a personal injury trial lawyer. This career began while he worked for insurance companies before he switched sides. That background includes numerous multi-million dollar jury verdicts against insurance companies and their insureds, which included two cases he won after two hard-fought appeals to the Florida Supreme Court.
This civil litigation experience directly shaped the defense strategy. Understanding how insurance investigations are built, how adjusters evaluate claims, and how depositions can unravel a flawed factual record gave Attorney Wiseman the tools to challenge the state’s case from angles a purely criminal-focused defense might miss. Knowing both sides of the insurance world, prosecution and civil litigation, proved to be a decisive advantage in dismantling the charges across all six counties.
Contact The Wiseman Law Firm if You Are Facing Similar Charges
Facing insurance fraud allegations, whether in a single county or across multiple jurisdictions in the State of Florida, requires a lawyer who understands how these investigations are built and how they can fall apart. Attorney Simon Wiseman’s background as a former state prosecutor and civil personal injury and first-party lawyer gives him an insider’s understanding of what the State of Florida needs to prove and what happens when the evidence does not hold up.
If you or someone you know is facing charges related to insurance fraud, unlicensed contracting, or related allegations, do not wait. Visit our case results to see our track record, and contact our office today to discuss your defense.