Scheme to Defraud in Florida: Elements, Proof & Defenses | Fighter Law

Facing a scheme to defraud charge in Florida? You’re not alone. This statute is broadly written and frequently used in cases that involve multiple transactions, online communications, or alleged false promises. Below, we explain what “scheme to defraud” means, how prosecutors try to prove it, and the defenses that can change a case outcome.

What is a scheme to defraud in Florida?

Florida’s Communications Fraud Act (Fla. Stat. §817.034) targets an ongoing course of conduct intended to defraud one or more people. The statute allows charges whether or not the plan succeeds. Penalties often depend on the total value involved and the number of victims.

Because “scheme to defraud” is flexible, it’s sometimes filed alongside identity theft, uttering a forged instrument, or money laundering, depending on the facts.

How prosecutors try to prove a scheme to defraud

Investigators focus on a pattern—repeated acts suggesting a plan to obtain money or property. Common evidence includes:

• Bank and business records, payment app histories, and ledger entries;
• Emails, texts, social media DMs, website funnels, or call logs;
• Device forensics (IP addresses, metadata, cloud backups);
• Victim statements, cooperating witnesses, and undercover recordings;
• Business registrations, invoices, contracts, and marketing materials.

State agencies may coordinate with federal partners (FBI, FinCEN, IRS-CI) when amounts are high or communications cross state lines. See background resources at the FBI and the DOJ Criminal Fraud Section.

Penalties and collateral consequences

Penalties vary by aggregated amount and charge type, and may include prison, probation, fines, restitution, and court-ordered financial disclosures. Collateral fallout can include professional licensing, employment, and immigration issues. Early pretrial motions (suppression, dismissal, severance) can narrow the case and reduce exposure.

Winning defenses to a Florida scheme to defraud charge

• No intent to defraud: The State must prove knowing, willful intent. Business disputes, delays, or failed performance are not the same as criminal fraud.
• Identity or attribution issues: Who sent the messages or controlled the accounts? Device sharing, spoofing, or compromised credentials can undermine attribution.
• Search & seizure problems: Overbroad warrants, cloud data grabs, or defective subpoenas can lead to suppression of key evidence.
• Value and aggregation challenges: Disputes over “loss amount,” charge stacking, or combining transactions can change felony levels.
• Evidentiary reliability: Hearsay layers, unreliable accounting, or incomplete chain of custody can weaken the State’s narrative.
• Negotiated outcomes: Restitution, charge reductions, withholds, or diversion—especially for first-time offenders.

What to do if you’re under investigation

If you receive a call from an investigator, a target letter, or a subpoena: stop, and speak with counsel first. What you say—and how you handle devices, accounts, or documents—can shape your entire case. Our team can coordinate safe document production, direct communications with the State, and early presentations that head off overcharging.

See our Florida Scheme to Defraud Defense page

Related pages:
White-Collar Crime Defense •
Criminal Defense •
Orlando Criminal Defense Attorney •
Pretrial Motions

FAQ: Scheme to Defraud in Florida

Is a single message enough for a scheme to defraud charge?

Yes—communications fraud can be charged for a single call, text, or email made in furtherance of a scheme. But proof of an ongoing plan is still required.

Will paying restitution make the case go away?

Restitution helps negotiations but doesn’t automatically end a case. It can support reduced charges or alternatives to conviction.

Can my devices be searched without a warrant?

Investigators usually seek warrants for phones, computers, or cloud accounts. Overbroad or defective warrants can be challenged in suppression motions.