Fraud Defense Attorney in Jacksonville

A Defense Team With 125+ Years of Combined Legal Experience

Fraud allegations often turn on what a person knew and intended when a transaction, statement, record, or electronic communication was created or used. An inaccurate document or disputed transaction does not by itself establish criminal fraud.

You may first learn about an investigation when investigators contact you, a subpoena is served, a search warrant is executed, or charges are filed. Before providing substantive statements or responding to document demands, legal guidance can help you understand the request, preserve relevant information, and determine what steps require immediate attention.

At Owenby Law, P.A., we defend clients accused of fraud and related financial offenses in Florida state and federal matters. Our attorneys examine the alleged scheme, the source and context of the evidence, and what prosecutors claim the accused knew or intended.

Fraud Charges We Defend

Fraud is not one single offense under Florida or federal law. The charge depends on the conduct alleged, the property or benefit involved, the information used, the alleged intent, and the statutes prosecutors believe apply.

Our broader white-collar criminal defense practice includes matters involving:

• Organized fraud: Alleged ongoing schemes involving false representations, promises, transactions, or other conduct intended to obtain property.
• Communications fraud: Alleged communications made in furtherance of a scheme to defraud.
• Identity-related fraud: Alleged fraudulent use of another person's identifying information or possession of identifying information under circumstances prohibited by Florida law.
• Forgery and embezzlement: Allegations involving altered documents, unauthorized signatures, or misappropriated funds.
• Health care and Medicare fraud: Alleged false claims, improper billing, or misuse of health care program funds.
• Wire and mail fraud: Federal allegations involving schemes carried out through qualifying electronic communications, mail, or private carriers.
• Other financial offenses: Depending on the circumstances, investigations may also involve securities fraud, money laundering, tax fraud, or tax evasion.

Some conduct may overlap with theft charges, but fraud cases often require a different analysis of intent, communications, financial records, and representations.

Intent Is Often Central to a Fraud Case

A bad business decision, accounting error, disputed transaction, or inaccurate document does not automatically prove a criminal scheme.

Depending on the charge, prosecutors may need evidence that the accused acted knowingly, willfully, fraudulently, or with a specific intent recognized by the applicable statute.

Potential defense issues can include:

• Lack of fraudulent intent
• Insufficient evidence
• Mistaken identity
• Lack of knowledge about a false statement or unauthorized transaction
• Coercion or duress when supported by the facts
• Unlawfully obtained evidence
• Disputes about who created, authorized, received, or controlled a record or account

We review the evidence in context rather than treating one document, message, or transaction as conclusive.

How We Review Financial & Digital Evidence

Fraud investigations can involve a large volume of records.

Relevant evidence may include:

• Emails and text messages
• Contracts and applications
• Invoices and billing records
• Bank and credit-card records
• Accounting data
• Corporate documents
• Tax records
• Electronic account activity
• Witness statements
• Search-warrant materials
• Digital devices and stored data

We examine who created a record, when it was created, what information was available at the time, and whether the evidence supports the intent alleged by prosecutors.

The review can also include how digital or physical evidence was obtained, preserved, transferred, and documented.

When allegations overlap with computer or account activity, our experience with cybercrime allegations can also help identify issues involving digital evidence and unauthorized access.

Florida Organized Fraud & Communications Fraud

Florida Statutes section 817.034, known as the Florida Communications Fraud Act, addresses both organized fraud and communications fraud.

The statute defines a scheme to defraud as a systematic, ongoing course of conduct undertaken with intent to defraud or to obtain property through specified false or fraudulent means.

Organized Fraud

The current statutory grading generally provides:

• Less than $20,000: Third-degree felony
• $20,000 to less than $50,000: Second-degree felony
• $50,000 or more: First-degree felony

For organized fraud, amounts of property allegedly obtained through separate acts within one scheme may be aggregated when determining the degree of the offense.

Communications Fraud

Communications fraud involves an alleged communication made in furtherance of a scheme to defraud with intent to obtain property.

The current statute generally classifies:

• Property valued below $300: First-degree misdemeanor
• Property valued at $300 or more: Third-degree felony

Additional statutory provisions can affect grading in particular circumstances. The actual charge must be evaluated from the statute, charging document, alleged value, and facts of the case.

Identity Theft & Personal Identification Information

Florida law contains more than one offense involving another person's identifying information.

Under section 817.568, a person may face felony allegations for willfully and without authorization fraudulently using, or possessing with intent to fraudulently use, another person's personal identification information.

The statutory definition is broad and can include names, government identification numbers, financial account information, access devices, biometric data, electronic identifiers, and medical records.

Higher offense levels and mandatory minimum prison terms can apply in certain cases based on the alleged financial benefit or injury, number of people involved, and other statutory circumstances. The statute also contains enhanced provisions involving specified victims, including certain older adults, disabled adults, veterans, first responders, public servants, and government employees.

Florida also has a separate statute, section 817.5685, addressing knowing or intentional unauthorized possession of another person's personal identification information. Because possession and fraudulent use can be charged under different provisions, the precise allegation matters.