Orlando Fraud Defense Attorneys
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Fraud is a Deceptive Tactic Used Against a Victim to Gain Something of Value
Fraud is commonly committed through dishonest acts, deceptive tactics and misrepresentation that the victim reasonably believed to be true.
Common Types Of Fraud
There are various types of fraud, all that carry different penalties. In some cases, persons can face restitution or even serving jail time depending on the circumstances. There are civil fraud cases and criminal fraud cases. The burden of proof for conviction for each one is different with criminal being a little bit more difficult to prove.
This type of fraud usually involves hacking, phishing, and identity theft in order to con an individual out of their money or assets. It typically involves stealing key personal information that can then be used to gain access to their valuables or as a form of blackmail in quest of getting something in return from them.
This involves the use of someone else’s credit or debit card by retaining their information through deceptive tactics. A person committing the fraud usually gets the information of the victim and creates a counterfeit version of the card to use as normal.
Involves stealing the identity of another person by using their personal information like social security numbers to open credit cards, or other valuable assets. Some people also steal the identity of another to commit crimes.
Typically commit a crime of tax evasion when they misrepresent the value of their assets to avoid paying certain taxes that they would otherwise have to pay. This can be like failing to pay taxes or filing false tax returns or understating income and assets.
Providing falsified information to an insurance company to gain an added benefit that they may not have been able to receive otherwise. This can also include carrying out staged actions in quest of attaining unwarranted returns from the insurance company.
Additionally, an insurance company can carry out fraud by denying benefits that they are aware are rightfully due to be paid.
Elements Needed to Prove a Fraud Charge
In the state of Floria, for individuals to be convicted of a fraud offense there must be 5 key elements that are established. The prosecution must be able to prove “beyond a reasonable doubt” that the defendant committed the fraudulent act.
1
Falsified statement was made about a fact
2
The individual that made the false statement knows that it was false
3
A victim was harmed because of the falsified statement
4
The victim had reason to trust the false statement that was made by the defendant
5
The defendant possessed the intent to deceive the victim
Penalties for Fraud
For criminal cases, fraud convictions are typically deemed as felony crimes but state laws depending on the type of fraud may classify it as a misdemeanor. These cases can result in prison sentences, fines, probation, or a combination of all 3 penalties. The severity of the penalty depends on the type of fraud, the number of victims and the value of the gains received from the fraudulent act.