Eric J. Dirga, P.A.

A Florida Lawyer

Criminal Record Expungements, Criminal and Civil Traffic Cases, Suspended Driver's Licenses

733 West Colonial Drive, Orlando 32801 - (407) 841-5555

Fraud; Fraudulent Practices Defense

Fraudulent practices encompasses many types of activities. These are listed in chapter 817 of the Florida statutes. The basic premise involves a person making a false statement, writing, or impersonation in order to obtain property without true payment or prerequisites. The defense usually focuses on the allegation of the false act. That addresses the fraud element. Fraud, however, typically involves the additional crime of theft. It is for this reason that fraud must be taken seriously.

We have defended these cases before...

I practice strictly criminal law. I have been doing so since 1995. My staff and I will vigorously defend your case and keep you informed of all new developments regarding your case. We do not rest until your case has been resolved and we do not avoid trials. I practice criminal trial law and criminal appellate law. I know the law and the defenses that apply to your case.

The many faces of criminal fraud in Florida...

Florida law does not specify a single fraud section (law). Each fraud prohibition is specified, for example, s. 817.02 of the Florida statutes points out that a person who obtains property intended for another who he or she impersonates shall be punished under the larceny (theft) statutes. The list is long and rather than trying to explain each I have listed below many of them.

Fraudulent Practices as defined under Florida Law

  • 817.021 - False information to obtain a seaport security card.

  • 817.025 - Home or private business invasion by false personation.

  • 817.03 - Making false statement to obtain property or credit.

  • 817.034 - Florida Communication Fraud Act.

  • 817.037 - Fraudulent refunds.

  • 817.05 - False statements to merchants as to financial condition.

  • 817.06 - Misleading advertisements prohibited.

  • 817.15 - Making false entries, etc., on books of corporation.

  • 817.17 - Wrongful use of city name.

  • 817.23 - Making false affidavit to defraud insurer.

  • 817.2361 - False or fraudulent proof of motor vehicle insurance.

  • 817.29 - Cheating.

Those above are not all of the fraud offenses found in Florida law. The list above are some of the crimes that are on the books. I go into more detail on a few more common forms of fraud below.

Failure to Return Hired Vehicle - a criminal offense

Section 817.52 of the Florida statutes prohibits the practice of renting a car for a specified period and willfully refusing to return it when it is due. Many people think of this as a contract issue - it is not. This is a Third Degree Felony punishable by up to 5 years in prison. The situation that typically happens is that one person will rent the vehicle and then let another person use the vehicle. This alone can be construed to be a crime if the intent was to rent it for a driver unknown to the rental company. The driver is told by the renter to return the car to the rental company by a certain date and the driver never does. All of a sudden the renter is being arrested.

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