Few criminal charges carry as much weight as those involving fraud. When the State of Florida alleges an organized scheme to defraud, prosecutors are not describing a single bad decision or a misunderstanding. They are accusing someone of planning and carrying out a deliberate, ongoing course of conduct designed to take property from others through pure deception. If you are facing this type of accusation, the consequences could reshape your entire future.
At The Wiseman Law Firm, we defend clients in Orlando and throughout Central Florida against serious fraud charges every day. Attorney Simon Wiseman is a former state prosecutor in Orange County who has tried over a hundred jury and non-jury trials. He now uses his firsthand knowledge of how the prosecution builds its case to mount aggressive, detail-driven defenses for people accused of organized fraud and related offenses.
How Florida Law Defines Organized Fraud
Under Florida Statute 817.034, also known as the Florida Communications Fraud Act, organized fraud occurs when a person engages in a scheme to defraud and actually obtains property as a result. The statute defines a scheme to defraud as a systematic, ongoing course of conduct carried out with the intent to swindle one or more people or to obtain their property through false pretenses, fraudulent representations, or willful misrepresentations of a future act.
What Makes This Different From Other Theft Offenses?
What separates organized fraud from standard theft crimes is the requirement of an ongoing pattern. A single act of dishonesty may be prosecuted as grand theft or petit theft, however, organized fraud charges require the prosecution to prove a deliberate, repeated scheme rather than an isolated incident. The values of separate properties obtained through one scheme, whether from one victim or many, are combined to determine the severity of the charge assigned.
Penalties Based on the Value of Property Obtained
Organized fraud is a felony at every level under Florida law. The penalties escalate based on the total aggregate value of property taken during the course of the scheme. The three tiers of organized fraud are as follows:
- Property valued at less than $20,000 is a third-degree felony punishable by up to five years in prison, five years of probation, and a fine of up to $5,000.
- Property valued at $20,000 or more but less than $50,000 is a second-degree felony punishable by up to 15 years in prison, 15 years of probation, and fines up to $10,000.
- Property valued at $50,000 or more is a first-degree felony punishable by up to 30 years in prison and fines up to $10,000.
These penalties apply specifically to organized fraud. A separate but related charge, communications fraud, applies when a person uses mail, phone, electronic, or other communication technology to further the scheme. Each individual act of communication may be charged as its own separate offense, meaning that a single scheme could result in dozens of individual counts.
Defenses Against Organized Fraud Charges
Challenging the “Scheme” Element
Since organized fraud requires proof of a systematic, ongoing course of conduct, one of the most effective lines of defense involves challenging whether the alleged behavior actually qualifies as a scheme as defined by the law. Isolated transactions, good-faith business disputes, and honest mistakes in commercial dealings do not meet this legal definition. If the prosecution cannot prove the defendant acted with the intent to defraud, the charge may not hold.
Disputing the Value of Property
The penalties for organized fraud hinge on the aggregate value of property obtained. In many cases, the prosecution inflates or miscalculates property values by including items the defendant never actually received or by relying on speculative estimates rather than verifiable market values. An experienced criminal defense lawyer may be able to challenge the valuation methodology and potentially reduce the severity of your charges.
Constitutional and Procedural Defenses
Like all criminal cases, organized fraud prosecutions must follow proper legal procedures. Evidence obtained through unlawful searches, coerced statements, or violations of due process may be subject to suppression. If the prosecution’s case depends on evidence collected improperly, a strong defense can make a big difference in the outcome.
Contact The Wiseman Law Firm Today
Organized fraud charges under Florida Statute 817.034 can carry decades of prison time and financial penalties compounding with every additional count. Attorney Simon Wiseman brings more than 26 years of trial-tested experience as both a former prosecutor and a criminal defense lawyer, giving our clients the advantage of knowing how the other side thinks, prepares, and prosecutes these types of cases.
If you are under investigation or have already been charged with organized fraud in Orlando or Central Florida, the time to act is now. Reach out to our team today to discuss the details of your case and explore every available defense option.