Schemes to Defraud in Florida
What is Scheme to Defraud in Florida?
A scheme to defraud is a continuous and systematic fraudulent activity with the intent to defraud or obtain property from one or more persons. In general the fraudulent activity may involve making false promises, representations, or willful misrepresentations of a future act.
In Florida, Schemes to Defraud can be classified as Organized Fraud and Communications Fraud.
Schemes to Defraud - Penalties Under Florida Law
The penalties for committing the crime of Scheme to Defraud increase based upon the value of the property and the classification of the Fraud, as follows:
- Penalties for Organized Fraud are based on the total value of property actually obtained during a Scheme to Defraud.
- Organized Fraud of $50,000 or more is a first degree felony and involves property taken that has an aggregate value of $50,000 or more and is punishable by up to 30 years in prison, up to 30 years of probation and up to $10,000 in fines.
- Organized Fraud in an aggregate between $20,000 to $50,000 is a second degree felony and punishable by up to 15 years in prison, up to 15 years of probation and up to $10,000 in fines.
- Organized Fraud in an aggregate amount less than $20,000 is a third degree felony and punishable by up to 5 years in prison, up to 5 years of probation, and up to $5,000 in fines.
- The penalties for Communications Fraud are based upon the number of communications. This means one can be charged with multiple counts for one ongoing scheme to defraud.
- Communications Fraud of $300 or more occurs if the value of property obtained or attempted to be obtained through a fraudulent communication is valued at $300 or more. Communication fraud of $300 or more is third degree felony punishable by up to 5 years in prison, up to 5 years of probation, and up to $5,000 in fines.
- Communications Fraud of Less than $300 occurs if the value of property obtained or attempted to be obtained through a fraudulent communication is valued at less than $300. It is a first degree misdemeanor punishable by up to 1 year in jail, up to one year of probation, and up to $500 in fines.














