Fraud appears almost everywhere, from internet scams to banking to securities. Fraud can be a civil matter or a crime. And if it is charged as a crime, although it is a wobbler offense, it is usually charged as a felony in Florida.
There are many defenses our seasoned criminal lawyers can use to defend you. What you need to consider is the impact on your life if you are convicted. You will lose your rights to own a firearm and vote. Many people struggle to find a job, housing, a loan, including federal student loans, and there may be a social stigma. If you are charged or believe charges are coming, call a Dr. Phillips fraud lawyer now to fight for your future.
A person commits fraud by concealing information that should be revealed, lying, or duping someone else for their own benefit. The breadth of a fraud charge includes a wide array of punishments, including paying back the victim or a long stretch in prison. Prosecutors do not just point the finger at you and close the case, they must prove certain elements are true, including:
Our Dr. Phillips attorneys look for loopholes in the elements of fraud. For instance, the person making a false claim must know if is false; and if you believe it to be true, we can try to convince a jury to render a judgment in your favor.
Fraud comes in many forms. Insurance fraud can encompass automobiles, homeowners, healthcare, and unemployment. Insurance fraud involves receiving payouts that are not owed, such as valuing the damage to an auto after an accident at much higher than the actual damage.
Homeowners’ claims have been especially turbulent in Florida, with homeowners claiming damage after hurricanes and storms that exceeds actual damage, or colluding with roofers and other contractors for payouts that are for unnecessary work. Healthcare insurance fraud usually involves providers who bill Medicare and other insurers for services not rendered, while unemployment insurance fraud involves employees falsifying job search records after they have been terminated.
Financial fraud entails falsifying checks, using another’s credit card without authorization, and forging someone’s name on loan or other documents. Securities fraud is a federal crime and includes selling securities under false pretenses. When a forged check or any financial fraud is perpetrated through the mail, phone lines, or internet, federal mail fraud charges may be levied.
Real estate fraud can include submitting false documents to obtain a mortgage, including using a straw man with good credit as the borrower, and charging renters for services never rendered.
One of the most egregious fraud crimes occurs when the elderly are scammed out of their savings. The scams often involve home repairs in which the elderly person pays up front or scare tactics in which they are made to believe a loved one desperately needs money.
An arrest is not the end and does not signify guilt. You have a right to be represented and that a competent defense is presented on your behalf. Many factors matter, such as your age, your previous criminal record, and if there are holes in the prosecution’s story. Criminal charges must be proved beyond a reasonable doubt, a high bar to cross.
Our Dr. Phillips attorneys explore all fraud defenses to exonerate you. These can include that you did not possess the intent to defraud, the police violated your rights or entrapped you into something you otherwise would never have done, or you are the victim of mistaken identity. Our clients receive our full attention and overwhelmingly benefit from our help. We can help you, too.
If you are facing a first-time fraud charge, we understand the range of emotions you are experiencing. Do not speak to the police until you speak with a knowledgeable attorney.
Fraud charges are not convictions, and we have numerous avenues to challenge and defend you to avoid or reduce a conviction. If you are looking for the best chance for an acquittal or a not-guilty verdict, look no further than a Dr. Phillips fraud lawyer for help.
The Umansky Law Firm Criminal Defense & Injury Attorneys
