After being accused of fraud, you may worry about the consequences you could face — both legally and personally. The good news is that fraud charges don’t automatically lead to a conviction. There are various defenses, from proving lack of intent to showing insufficient evidence, that can be used to challenge the accusations and help you avoid severe penalties.
As fraud schemes become increasingly more sophisticated, the defenses used to combat these charges must evolve as well. If you were arrested for fraud, working with an attorney who stays current on fraud laws and defense strategies is critical. With over two decades of experience, The Wiseman Law Firm has successfully defended clients using strategic, tailored defenses. Attorney Simon Wiseman’s deep understanding of criminal law, combined with insights gained from former prosecutorial experience, allows him to identify potential weaknesses in the prosecution’s case and develop a robust defense.
What Is Considered Fraud in Florida?
In Florida, fraud is generally defined as a deliberate deception or misrepresentation made for personal gain or to damage another individual.
Types of Fraud
Fraud can occur in many contexts, including:
- Financial Fraud: Individuals or entities deceiving others for financial benefit, such as through investment fraud, credit card fraud, and insurance fraud.
- Real Estate Fraud: Misrepresentations in real estate transactions, such as falsifying property disclosures, forging signatures, or misrepresenting the value of a property.
- Healthcare Fraud: Healthcare providers engaging in deceptive practices to obtain unauthorized benefits, such as billing for services not rendered or providing unnecessary medical treatments.
- Insurance Fraud: Insurance agents, companies, adjusters, or holders knowingly committing deception to gain something of value they are not entitled to, such as lying on an application, faking an accident, premium diversion, and fee churning.
- Public Assistance Fraud: Individuals who illegally use the welfare system to receive public assistance benefits when they are not entitled to them by withholding information, selling benefits for money, failing to notify circumstance changes, and other fraudulent means.
- Consumer Fraud: Deceptive marketing practices, false advertising, and scams aimed at misleading consumers.
Common examples of fraud include Ponzi schemes, identity theft, and check fraud.
Elements of Fraud
For a claim of fraud to be valid in Florida, it generally must include the following elements:
- Misrepresentation: A false statement or omission of a material fact.
- Knowledge of Falsity: The person making the statement must know it is false or act with reckless disregard for its truth.
- Intent to Deceive: The false representation must be made with the intent to deceive the victim.
- Justifiable Reliance: The victim must have reasonably relied on the misrepresentation.
- Damages: The victim must suffer damages as a direct result of the fraud.
Fraud is considered a serious offense in Florida, with penalties that may include criminal charges and civil lawsuits.
Common Defenses Against Fraud
From contractual disclaimers to procedural arguments, there are various strategies a criminal defense attorney can employ to combat fraud allegations. Some of the most common strategies used include the following:
Lack of Intent
One of the primary defenses against fraud is proving a lack of intent. For a fraud conviction, the prosecution must demonstrate that you intentionally deceived someone to gain something unlawfully.
If the misrepresentation was accidental or due to a simple mistake and not an intentional deceit, it may negate the intent element required for a fraud conviction. Additionally, demonstrating that you genuinely believed the information you provided was true can also help establish that there was no intent to commit fraud.
Lack of Reliance
Fraud charges often require proving the victim relied on the false information provided. If you can show the victim did not rely on your statements or actions when making their decision, it can undermine the fraud claim.
If the victim independently verified the information or made their decision based on other sources, proving lack of reliance can be effective. Demonstrating that the victim did not suffer any actual harm or loss as a result of the alleged fraud can also weaken the case.
Honest Mistake or Misunderstanding
In some cases, fraud charges stem from honest mistakes or misunderstandings rather than criminal intent. If you can prove the situation resulted from a genuine error or lack of understanding rather than deceit, it may be possible to counter the fraud charges.
Providing documentation or evidence that supports your honest mistake or misunderstanding can strengthen this defense. Evidence of communication that shows a lack of intent to deceive can also be useful.
Entrapment
Entrapment occurs when law enforcement officials coerce or induce someone to commit a crime they would not have committed otherwise. If you can show you were pushed or manipulated into committing fraud by authorities, this can be a valid defense.
This defense requires demonstrating that law enforcement used excessive pressure or inducements to get you to commit the fraud can support an entrapment defense. Proving you were reluctant or unwilling to participate in the fraud can also help establish entrapment.
Insufficient Evidence
In many cases, the prosecution’s case may be based on insufficient evidence. If the evidence presented does not meet the legal standards required for a fraud conviction, this can be an effective defense.
Challenging the credibility and strength of the prosecution’s evidence can weaken their case. If major witnesses are unavailable or their testimony is unreliable, this can also impact the prosecution’s ability to prove fraud.
Fight Fraud Charges with an Experienced Orlando Criminal Defense Attorney
At The Wiseman Law Firm, we know facing fraud charges can be overwhelming. However, just because you’re accused of fraud doesn’t mean you will be convicted. With over two decades of legal experience and the insight gained as a former prosecutor, Attorney Simon Wiseman may be able to craft a strategic defense to protect your rights. Fraud allegations require a deliberate intent to deceive, and a defense focused on proving a lack of intent, reliance, or simply an honest mistake can undermine the prosecution’s case.
If you’ve been accused of fraud in Florida, it’s crucial to work with an attorney who understands the complexities of fraud cases and can challenge the evidence against you. At The Wiseman Law Firm, we prioritize thorough preparation and will investigate every angle of your case to build a robust defense. To discuss how we may be able to help you, call (407) 420-4647 or fill out our contact form.
