Plantation Fraud Crimes Attorney
Broward County Fraud Crimes Attorney
Nearly 100 different offenses are listed in Chapter 817, the section of Florida law dealing with false pretenses and fraud. The hallmark of a fraud offense is the commission of a crime through deception rather than force. At the heart of every fraud prosecution is the requirement of proving that the defendant intentionally misled another person for unlawful purposes. Since it is not really possible to “prove” another person’s state of mind without a confession or the defendant’s own statements, the intent to defraud is usually shown by circumstantial evidence. An experienced criminal defense attorney knows how to argue against the admission of irrelevant or prejudicial evidence, and how to defend against the prosecution’s case and its interpretation of the evidence.
Fraud charges are usually brought under detailed statutes that specifically address the particular alleged fraud at issue. These statutes are usually very lengthy and complicated, containing highly technical and confusing language; even scholars and other experts often disagree over what type of conduct amounts to a violation of the law! Each statute sets out the elements needed to prove a violation of the law, so each different type of fraud will have its own set of defenses and strategies needed to defend against a prosecution. Criminal defense attorney Carl Lida is experienced in defending against a wide variety of fraud charges in Florida state and federal court, including all of the following:
Stock fraud may include the fraudulent issue of a stock certificate, issuing stock beyond the authorized amount, or false entries and statements made by investment companies offering stocks or securities for sale.
The elements needed to prove mortgage fraud are that a person:
- with the intent to defraud,
- made a material misstatement, misrepresentation or omission during the residential mortgage lending process (solicitation, application, origination, negotiation, closing, funding)
- with the intent that the misrepresentation be relied on.
There are therefore many ways to challenge a prosecution for mortgage fraud: Was there intent to defraud? Was there a misstatement? Was it made knowingly? Was it material? Was it intended to be relied on? In addition, the mortgage fraud statute provides certain exceptions, so that omissions on a loan application regarding employment, income or assets for a loan that does not require that information are not considered material. Also, the law provides a safe harbor for information which was lawfully disclosed under federal disclosure laws and regulations.
Mortgage fraud is a third degree felony, but if the loan value exceeds $100,000, it can be charged as a second degree felony.
Healthcare fraud is a second degree misdemeanor in Florida and involves fraudulently obtaining goods or services from a health care provider. In order to be guilty of health care fraud, one must willfully and with intent to defraud, obtain or attempt to obtain goods or services from a health care provider. Actions which could be evidence of the intent to defraud include giving a false or fictitious name or address, or assigning invalid insurance to a health care provider. This could of course be done by mistake and would not then be healthcare fraud.
Medicare fraud occurs when Medicare is billed for services or supplies that were never delivered, or when a person uses someone else’s Medicare card to get medical care, supplies or equipment. Medicare fraud could therefore be committed by a healthcare provider, supplier, or individual. Companies also commit Medicare fraud when they offer a drug plan that has not been approved by Medicare, or when they use false information to mislead a person into joining a Medicare plan.
Medicare is run by the federal government and provides health care services to individuals over a certain age. Medicare fraud is investigated by the Office of Inspector General at the U.S. Department of Health & Human Services. Medicaid, on the other hand, is run by the state government and is provided to individuals based on financial need. The Medicaid Fraud Control Unit in Florida is run by the state Attorney General’s office.
Get Help for Your Fraud Charges from an Experienced Plantation Fraud Crimes Attorney
If you have been charged with any type of fraud in Florida state or federal court in Fort Lauderdale or Miami and surrounding areas, call Carl H. Lida at (954) 472-5001, or contact us online. We offer a no-cost, confidential consultation to learn about your case and let you know how we may be able to help you.