The 2023 Florida Statutes (including Special Session C)
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. . . State , 945 So.2d 1203, 1207 (Fla. 2006) (enumerating elements necessary to prove violation of § 817.034 . . .
. . . believe each of the Appellees had engaged in a scheme to defraud in violation of Florida Statute § 817.034 . . . to charge Peters with one count of an Organized Scheme to Defraud in violation of Florida Statute § 817.034 . . . Stat. § 817.034(4)(a). "Property" is defined as "anything of value." Fla. Stat. § 817.034(3)(c). . . . Stat. § 817.034(3)(d). . . . Stat. § 817.034(3). . . .
. . . Cooks was charged with engaging in a scheme to defraud in violation of section 817.034(4)(a), Florida . . . the offense of committing a scheme to defraud, also known as "organized fraud," proscribed by section 817.034 . . . As demonstrated by the case law, a conviction for violating section 817.034(4)(a) requires proof of more . . .
. . . (2)(a); Count 2: organized fraud ($50,000 or more), a first degree felony, in violation of section 817.034 . . . was adjudicated guilty of both grand theft under section 812.014 and organized fraud under section 817.034 . . . Section 817.034(4)(c) does not expressly authorize separate judgments and sentences for organized fraud . . . (4)(a) and "communications fraud" under section 817.034(4)(b). . . . Section 817.034(4)(b) provides: "Any person who engages in a scheme to defraud and, in furtherance of . . .
. . . found the government proved by a preponderance of the evidence that Ricardo violated Florida Statute § 817.034 . . . Stat. § 817.034(4)(a)(3) a “person who engages in a scheme to defraud and obtains property” under $20,000 . . .
. . . . § 817.034 (Count 1), one count of grand theft of $100,000 or more, in violation of Fla. . . .
. . . Florida Statutes; b. making false entries in the books of a corporation (KEL) in violation of sections 817.034 . . . [An] organized scheme to defraud charge ... involves section 817.034(4)(a) 1., Florida Statutes (2003 . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034 . . .
. . . Turner violated section 817.034(4)(a)(3) by obtaining property from the victim valued at less than $20,000 . . .
. . . The organized scheme to defraud charge in Count III involves section 817.034(4)(a)l., Florida Statutes . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034 . . . and wire fraud is equally applicable to the state crime of organized scheme to defraud under section 817.034 . . . The term “scheme to defraud” used in section 817.034 is plucked from federal mail and wire fraud cases . . . To prove conspiracy under section 817.034(4)(a)l., the State may show that the defendant knew the overall . . .
. . . 840 individual predicate acts comprised of: an organized scheme to defraud (in violation of section 817.034 . . .
. . . was adopted in 1981 and amended in September 2005 [911 So.2d 766] and 2013. 4482019 ORGANIZED FRAUD 817.034 . . . Lesser Included Offenses ORGANIZED FRAUD — 817.034(4)(a)l, 2, 3 CATEGORY ONE CATEGORY TWO FLA, STAT. . . .
. . . . § 817.034(4)(a). . . .
. . . Office (“the Sheriff’), appeals his convictions for organized scheme to defraud in violation of section 817.034 . . . determined that the alleged pattern of conduct did not constitute a criminal violation under section 817.034 . . . Section 817.034(4)(a)(3) provides: Any person who engages in a scheme to defraud and obtains property . . . Section 817.034(3)(c) defines property as "anydiing of value, and includes: 1. . . .
. . . Dent, appeals her conviction for engaging in an organized scheme to defraud, in violation of section 817.034 . . . Section 817.034 is titled the “Florida Communications Fraud Act.” . . . the wire and mail fraud statutes, whose interpretations are to govern the interpretation of section 817.034 . . . Therefore, no violation of section 817.034 occurred. . . .
. . . See §§ 881.09; 881.08; 817.034(4) & 777.04; 322.212(1), Fla. Stat. (2011). . . .
. . . organized scheme to defraud the United States Government of $50,000 or more, in violation of section 817.034 . . .
. . . See § 817.034(4)(b)l, Fla. Stat. (2005). . . . .
. . . the State charged Brooks with one count of organized fraud of $50,000 or more in violation of section 817.034 . . .
. . . 5.1 Comment This instruction was adopted in 1981 and amended in 1985 and 2011. 14,8 ORGANIZED FRAUD 817.034 . . . Lesser Included Offenses ORGANIZED FRAUD 817.034(4)(a)l, 2, 3 Fla. Stat. . . .
. . . . § 817.034(4)(a)(l), Fla. Stat. (2003). . . . .
. . . co-defendant were charged by amended information with committing organized fraud, in violation of section 817.034 . . .
. . . See § 817.034, Fla. Stat. . . . (grand theft), with § 817.034(4)(b), Fla. Stat. (communications fraud). . . . or in part by mail, or by wire, radio, electromagnetic, photoelectronic, or photo optical system.” § 817.034 . . .
. . . . § 817.034; and common law theories of fraud and conspiracy to defraud. . . . Stat. § 817.034(4)(a) (requiring a scheme to defraud). . . .
. . . co-defendant were charged by amended information with committing organized fraud, in violation of section 817.034 . . .
. . . The appellant appeals from a twelve year sentence for organized fraud under Section 817.034(4)(a)(l), . . .
. . . her month long use of the stolen debit card constitutes an “organized fraud” within the meaning of § 817.034 . . . The evidence thus constitutes a prima facie case of violating § 817.034(3). . . . defraud” is defined as an "ongoing course of conduct with intent to defraud one or more persons _" § 817.034 . . .
. . . . § 817.034(4)(a)(l). . . .
. . . . § 817.034, and Mrs. . . .
. . . See § 817.034(3)(d), Fla. Stat.; § 817.034(4)(a)(l), Fla. Stat. . . .
. . . Varnum with one umbrella count of organized fraud under the Florida Communications Fraud Act, section 817.034 . . .
. . . his conviction after a jury trial of a scheme to defraud less than $20,000 in violation of section 817.034 . . . Section 817.034(4)(a)3 provides that “[a]ny person who engages in a scheme to defraud and obtains property . . . Section 817.034(3)(c)2 defines “property” as “anything of value,” including “rights, privileges, interests . . . Under section 817.034(3)(d), “scheme to defraud” means “a systematic, ongoing course of conduct with . . . performing them, so that he “willful[ly] misrepresented a future act” within the meaning of section 817.034 . . .
. . . . § 817.034 “Florida Communications Fraud Act” [Count IX] , Common Law Fraud [Count X], Negligent Misrepresentation . . .
. . . with MICHELE HUARTE, did unlawfully and feloniously engage in a scheme to defraud as defined by s. 817.034 . . . and/or THEIR OWNERS and/or PRINCIPALS and/or SHAREHOLDERS, as owner or custodian, in violation of s. 817.034 . . . with MICHELE HUARTE, did unlawfully and feloniously engage in a scheme to defraud as defined by s. 817.034 . . . and/or THEIR OWNERS and/or PRINCIPALS and/or SHAREHOLDERS, as owner or custodian, in violation of s. 817.034 . . .
. . . . § 817.034(4)(a) and (b). . . .
. . . Appellant was charged with a violation of section 817.034(4)(a)l., Florida Statutes (2003), which makes . . . The notion that section 817.034(4)(a) requires a defendant to have made a communication has previously . . . prove that a defendant ‘communicated’ as a part of a scheme to defraud charged pursuant to section 817.034 . . . We hold that communication is not required to sustain a conviction under section 817.034(4)(a), Florida . . .
. . . count of scheming to defraud and obtaining property in an amount of $50,000 or more pursuant to section 817.034 . . . In the criminal action at issue here, Peterson was charged with scheming to defraud under section 817.034 . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034 . . . who actually obtains property as a result of the scheme in an aggregate amount of $50,000 or more. § 817.034 . . .
. . . Donovan, 572 So.2d at 526 (citing § 817.034(4)(a), Fla. Stat.). . . .
. . . '•Scheme to defraud (one count) — aggregate value of $50,000 or more, section 817.034(4)(a)(l), a first-degree . . . an aggregate value of $50,000 or more, the violator is guilty of a felony of the first degree.... § 817.034 . . .
. . . scheming to defraud and obtaining property in an amount of $50,000 or more in violation of section 817.034 . . .
. . . Donovan, 572 So.2d at 526 (summarizing sections 817.034(4)(a), 817.034(3)(b), 817.034(3)(c), and 817.034 . . .
. . . (2), a first-degree felony (count one); scheming to defraud and obtaining property thereby, section 817.034 . . .
. . . refunds and obtaining property thereby between February 13 and May 17, 2003, in violation of section 817.034 . . . See §§ 812.014(2)(c) & 817.034(4)(a)3., Fla. Stat. (2003). . . .
. . . . § 817.034(4)(a)l„ Fla. Stat. (2005). . . . .
. . . Pizzo with organized fraud in violation of section 817.034(4)(a), Florida Statutes (1997), which provides . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.” § 817.034 . . . requirement that the defendant actually communicate as part of the scheme to defraud under section 817.034 . . .
. . . The crime of scheme to defraud is defined in section 817.034(3)(d), Florida Statutes (1999): [A] systematic . . . of “organized fraud” occurs where a person “engages in a scheme to defraud and obtains property.” § 817.034 . . . thousand dollars but less than fifty thousand dollars, organized fraud is a second degree felony. § 817.034 . . .
. . . (4)(a) and 817.034(4)(b), (2) false affidavit perjury in violation of Florida Statutes § 322.33, perjury . . . criminal activity are organized fraud and communications fraud in violation of Florida Statutes §§ 817.034 . . . (4)(a) and 817.034(4)(b), and mail and wire fraud in violation of 18 U.S.C. § 1343. . . . organized and communications fraud claims, which allege state law violations (see Florida Statute § 817.034 . . . (Corrigenda at Exh. 5 ¶¶ 23, 25, 28, alleging violations of Fla Stats. §§ 817.034(4)(a) and (b), 837.02 . . .
. . . See § 817.034(4)(b)(l), Fla. Stat. (1999). .See § 817.034(4)(a)(3), Fla. Stat. (1999). . . .
. . . Moore, 820 So.2d 901, 902 (Fla.2002) (holding a scheme to defraud in violation of section 817.034(4)( . . . Section 817.034(4)(a)(l), Fla. Stat. (1999). . . . .
. . . .” § 817.034(4)(b), Fla. Stat. (2001). . . . .” § 817.034(l)(b), Fla. Stat. (2001). . . . See § 817.034(3)(d), Fla. Stat. (1999). . . .
. . . obtaining $50,000 or more by organized fraud in violation of the Florida Communications Fraud Act, section 817.034 . . . Under section 817.034(4)(a)l., Florida Statutes (1993), any “person who engages in a scheme to defraud . . . conspirators engaged damaged Escambia County in an amount exceeding $50,000, in violation of section 817.034 . . . evidence that Escambia County was defrauded in an amount exceeding $50,000, in violation of section 817.034 . . .
. . . Young is serving a prison sentence for a first-degree felony violation of section 817.034(4)(a)l, Florida . . . In January 1997, Young pled guilty to first-degree scheme to defraud in violation of section 817.034( . . . Moreover, because a scheme to defraud ' in violation of section 817.034(4)(a)1 is a true continuing offense . . . 1238 (Fla. 4th DCA 2000), that the crime of scheme to defraud/organized fraud in violation of section 817.034 . . .
. . . use of communications technology in furtherance of schemes to defraud. 757 So.2d at 1238 (quoting § 817.034 . . .
. . . . §§ 775.15(2)(a), 817.034(4), Fla. Stat. (1991). As mentioned earlier, Mr. . . .
. . . Section 817.034(4)(a), Florida Statutes (1995), provides that, “Any person who engages in a scheme to . . . Section 817.034(3)(d) defines a “scheme to defraud” as “a systematic, ongoing course of conduct with . . . Stat. § 817.034(4) (1995). . . . .
. . . See § 817.034(4), Fla. Stat. (1997). . . .
. . . . § 817.034(4)(a)(3), Fla. Stat. .§ 817.234(l)(a), Fla. Stat. . . . .
. . . The State charged appellant with violation of section 817.034(4)(a)l, Florida Statutes (1997),' the Florida . . . of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, § 817.034 . . . and are sufficient to support a conviction for organized scheme to defraud, as provided in section 817.034 . . . dismiss, and we reverse his conviction and sentence for first degree organized fraud under section 817.034 . . .
. . . challenges his adjudication of guilt following his guilty plea to a charge that he violated section 817.034 . . .
. . . . § 817.034(4), Fla. Stat. (1993). . . .
. . . The state charged Summerlot by information with: 1) organized fraud in violation of section 817.034(4 . . . The state acknowledged that Summerlot did not “communicate” as defined in section 817.034(3)(a) in his . . . With respect to the organized fraud count, the court found: In light of the title of section 817.034 . . . section 817.034(4)(b). . . . (4)(a) or 817.034(4)(b). . . .
. . . Andrews (hereinafter “Andrews”), was charged with a scheme to defraud pursuant to section 817.034(4)( . . .
. . . racketeering under section 895.03(3), Florida Statutes, and of seven counts of organized fraud under sections 817.034 . . .
. . . Cawal, which are as follows: (1) Count I — violation of Florida’s Communications Fraud Act, section 817.034 . . .
. . . appeals a third degree felony conviction for violation of the Florida Communications Fraud Act, section 817.034 . . .
. . . .” § 817.034, Fla.Stat. (1987). . . . Pursuant to section 817.034(4)(a), “[a]ny person who engages in a scheme to defraud and obtains property . . . According to section 817.034(4)(b), Florida Statutes (1987), “[a]ny person who engages in a scheme to . . . Stat. ■ (1987)). § 817.034(4)(b)l, Fla.Stat. (1987). . . . Moreover, according to section 817.034(3)(a), “ ‘[ejommunicate’ means to transmit or transfer or to cause . . .
. . . . § 817.034(4)(a)l„ Fla.Stat. (1991). . § 812.014(2)(a)(b)(c), Fla.Stat. (1991). . . . .
. . . sections 812.014(1), (2)(b) and (c), Florida Statutes, organized scheme to defraud in violation of section 817.034 . . . fraudulent pretenses, representations, or promises or willful misrepresentations of a false act. § 817.034 . . .
. . . the twelve-year sentence imposed upon the defendant for the third-degree felony of organized fraud [§ 817.034 . . .
. . . . § 817.034(4)(a)(3), Fla.Stat. (1989). . §§ 812.014(1), 812.014(2)(c)(1), Fla.Stat. . . .
. . . . § 817.034(4)(a)3, Florida Statutes (1991). . . . .
. . . State, 592 So.2d 292 (Fla. 2d DCA 1991), is misplaced, as both Donovan and Cherry concern section 817.034 . . .
. . . of engaging in racketeering activity; § 895.03(4), one count of conspiracy to commit racketeering; § 817.034 . . .
. . . Section 817.034, the “Florida Communications Fraud Act,” defines “scheme to defraud” as “a systematic . . .
. . . 812.014(2)(c), Fla.Stat. (1987) 5 years’ imprisonment on each count Three Counts of Organized Fraud § 817.034 . . . Section 817.034(4)(a), Florida Statutes (1987), reads: Any person who engages in a scheme to defraud . . . Section 817.034(3)(d) defines “scheme to defraud” as “a systematic, ongoing course of conduct with the . . . Section 817.034(3)(c) de- , fines “property” as “anything of value,” and section 817.034(3)(b) defines . . . And, since organized fraud under section 817.034(4)(a) would require the defendant “obtain[s] property . . .
. . . opinion from a Florida appellate court touching upon the Florida Communications Fraud Act (Act), § 817.034 . . . Section 817.034(l)(b), Florida Statutes, describes the legislature’s intent in enacting the Act and prescribes . . . A “scheme to defraud” as that phrase is used in the foregoing section is defined in section 817.034(3 . . . [from each of them] in the amount of $300 or more, contrary to Chapter 817.034(4)(b)(l).” . . . Section 817.034(3)(c)(2) and (3) contain a like reference. . . .
. . . . § 817.034(4)(a)2, Fla.Stat. (1989). . § 812.019(1), Fla.Stat. (1989). . See Freeman v. . . .
. . . 817.11, Fla.Stat. (1989) (“Obtaining property by fraudulent promise to furnish inside information”); § 817.034 . . .
. . . adjudicated guilty of organized fraud and the unlawful operation of boiler rooms in violation of sections 817.034 . . .
. . . The appellant was convicted and sentenced as follows: Organized fraud, section 817.034(3), (4) Florida . . . that the statute which defines and prescribes punishments for the offense of organized fraud, section 817.034 . . . Section 817.034(4)(a), Florida Statutes (1987), provides that, “Any person who engages in a scheme to . . . Subsection 817.034(3)(d) defines a “scheme to defraud” as “a systematic, ongoing course of conduct with . . . According to subsection 817.034(3)(c), “property” means anything of value, and under subsection 817.034 . . .
. . . for Criminal Practices Act, § 772.102, Fla.Stat. (1987), theft, Florida Communications Fraud Act, § 817.034 . . .