Scheme to Defraud

Scheme to defraud Florida cases focus on an alleged, ongoing plan to obtain money or property through false or misleading representations. These prosecutions are often built on emails, texts, bank records, device data, and witness statements and may be paired with theft, forgery, money laundering, or computer crimes.

What Does the State Have to Prove for a Scheme to Defraud in Florida?

• A “scheme to defraud”—a systematic, ongoing course of conduct intended to defraud one or more persons;
• By false pretenses or representations—statements or acts that mislead or conceal material facts;
• With intent to obtain money, property, or other benefit.

Communications fraud concerns each transmission (email, text, call, filing) used to further the scheme. The law treats a scheme (overall plan) and individual communications as separate ways to charge conduct. See §817.034.

Penalties for Scheme to Defraud in Florida (§817.034)

The degree of a scheme to defraud or communications fraud charge generally turns on the value the State attributes to the alleged loss or benefit. As alleged value increases, the charge level and sentencing exposure increase. Collateral issues can include restitution, civil suits, forfeiture, and professional-license implications. Review the thresholds in §817.034.

Defenses to a Scheme to Defraud Charge

• Loss Amount Challenges: scrutinize calculations, duplicates, incidental or speculative numbers, and offsetting value;
• Intent / Good-Faith: show legitimate business judgment, contractual disputes, or accounting error rather than criminal intent;
• Search & Seizure: test subpoena and warrant scope, particularity, device imaging, and privilege filters;
• Statements: evaluate agent interviews and whether any Miranda or voluntariness issues exist;
• Elements: challenge materiality, reliance, “scheme” continuity, or identity of sender/recipient for communications;
• Venue / Joinder: fight overbroad charging decisions and improper consolidation of separate acts.

What to Do if You’re Contacted in a Scheme to Defraud Florida Investigation

• Do not meet or provide a statement without a lawyer present.
• Preserve emails, messages, and records—do not delete anything.
• Bring any subpoenas, letters (target/subject/witness), or warrant papers to your consult.

Related Florida Fraud and Financial Crime Topics

• Federal Crimes Defense
• Civil Asset Forfeiture
• Record Sealing / Expungement
• Probation Violation

Where We Help

We represent clients throughout Central Florida, including Orange, Osceola, Seminole, Lake, and Brevard counties.

Next Step: If you received a call, letter, or subpoena—or were contacted by agents—speak with a lawyer before you speak with anyone else. Call 407-214-3837 or contact us for a confidential consultation.

Scheme to Defraud Florida — FAQs

Is “scheme to defraud” the same as theft?
Not exactly. Theft focuses on obtaining or using property; scheme to defraud targets an ongoing plan to get value by false representations. Prosecutors may charge both, but they have different elements.

Do emails or texts count as “communications” under the law?
Yes. Emails, texts, calls, filings, and similar transmissions can be “communications” used to further a scheme. Each transmission can carry legal significance. See §817.034.

Will my charge be a misdemeanor or felony?
It depends on the alleged value and how the State charges the conduct. Under the statute, higher alleged values increase the degree and potential penalties. Review §817.034 and talk with counsel about the specifics.