What is the Penalty for Wire or Mail Fraud?

Andrew Stine — Wed, 10 Aug 2011 14:24:14 GMT

Fraud is a criminal act and form of intentional deception perpetrated for gaining profit or personal gain. There are several different kinds of fraud and so Florida legislature has responded with a new act. The Florida Communications Fraud Act is a consolidation of former fraud statutes that considers it to be a crime to defraud another individual through mail, internet, fax, phone, or any form of communication.

Florida Fraud in Boston

According to the Associated Press, four Florida men have been indicted in Boston in a $3 million scheme in which they used application packages nearly identical to a free federal application to scam struggling homeowners out of hundreds of dollars at a time.

The men arrested were 42-year-old Christopher Godfrey of Delray Beach, 40-year-old Dennis Fischer of Highland Beach, 51-year-old Vernell Burris Jr. of Boynton Beach and 34-year-old Brian Kelly of Boca Raton.

According to the Associated Press, “The indictment alleged their company, Home Owners Protection Economics Inc., (HOPE), virtually guaranteed clients a federally-funded home loan modification and charged thousands of customers a $400 to $900 upfront fee.”

The indictment also alleged that many of the applications were denied. The men face charges including nine counts each of wire and mail fraud.

Florida Communications Fraud Act

According to Florida Statute 817.034, any person who engages in a scheme to defraud and obtains property thereby (property meaning anything of value) is guilty of organized fraud. If the amount of property obtained has an aggregate value of $50,000 or more, the defendant is guilty of a first-degree felony. A first-degree felony can result in up to 30 years in prison and a $10,000 fine plus restitution.

Fraud Criminal Defense

If you have been accused of scheming to defraud or of committing any type of fraud, whether it’s mail fraud, mortgage fraud, or wire fraud, you are still entitled to a fair trial. A criminal defense lawyer will conduct his own investigation into your case and will aggressively fight to protect your rights during your case. A criminal defense lawyer will most likely advise you to pay restitution which usually results in the prosecution backing down so your sentence will be mitigated significantly.

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Why You Need to Carefully Choose Your Criminal Defense Lawyer

Andrew Stine — Wed, 11 May 2011 14:47:16 GMT

If you are faced with criminal charges, make sure you have a criminal defense lawyer you can trust. In the case of a major mortgage-fraud trial of a former Plantation police officer and his brother, defense attorney Michael D. Walsh has apparently abandoned his defendant.

A runaway criminal defense lawyer?

According to the Palm Beach Post, a federal judge Tuesday issued an arrest warrant for defense attorney Walsh after he failed to show up for the start of the trial. He was supposed to represent Joseph Guaracino, the main defendant in the case, in Fort Lauderdale federal court on Monday. He also failed to show up for a “show case” hearing Tuesday morning on why he should not be held in contempt of court for failing to appear.

The mortgage-fraud trial is the second phase of a case involving a group of current and former law enforcement officers, mortgage brokers, title processors, and lawyers all charged with conspiring to defraud banks by falsifying loan applications and other documents to purchase dozens of investment properties during the real estate boom, according to the Palm Beach Post.

At the end of the first trial in April, a Fort Lauderdale federal jury acquitted four current and former law enforcement officers, including an FBI agent, but convicted two other former police officers. Guaracino allegedly led the group. Now, his representation by Walsh in the second trial is highly questionable and the uncertainty could delay the second trial.

Walsh also faces a misdemeanor assault charge in Miami-Dade Circuit Court. He was scheduled for a hearing on that matter in the domestic violence division Tuesday morning but did not appear for that, either. He was charged March 26 with misdemeanor battery for allegedly shoving his estranged wife and dragging her by her hair during an argument at her home in Coral Gables.

Walsh, a well-known defense attorney in South Florida, has been involved in a number of high-profile cases in recent years. Clearly his efforts in the current mortgage-fraud case need to be re-evaluated.

Criminal defense

If you are facing criminal charges, it is absolutely necessary to employ the services of a criminal defense lawyer. However, make sure the lawyer you choose is someone you can trust. Your criminal defense lawyer should be willing and able to put forth all possible effort to help you defend your case. He or she is responsible for the way you appear in court so make sure you consult an experienced criminal defense lawyer who won’t abandon you in your time of need.

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