Fraud and Bribery Charges in Florida: State and Federal Cases Explained
Fraud and bribery allegations can come from many directions: a business dispute, an insurance claim, a government contract, or a tip to investigators. These cases often involve detailed financial records and lengthy investigations, and depending on the facts, they can be charged in Florida state court, federal court, or both.
This post explains in general terms how fraud and bribery cases are generally handled under Florida law and in the federal system, at the time of this writing. Every case is different and laws change, so the best way to get answers about a specific situation is to call Attorney Ron Frey for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739.
The Laws Involved
In Florida, many fraud cases are generally charged under Section 817.034, Florida Statutes, the Florida Communications Fraud Act, which addresses organized schemes to defraud and communications used to carry them out. Bribery of public servants is generally addressed under Section 838.015, Florida Statutes. In the federal system, these cases are typically charged under 18 U.S.C. § 1341 (mail fraud), 18 U.S.C. § 1343 (wire fraud), 18 U.S.C. § 1344 (bank fraud), and 18 U.S.C. § 1347 (health care fraud), while bribery is typically addressed under 18 U.S.C. § 201 (bribery of public officials and witnesses) and 18 U.S.C. § 666 (theft or bribery concerning programs receiving federal funds). As always, laws are subject to change and revision, so contact Attorney Ron Frey to discuss the details of your case and the current status of the law.
How Florida Generally Treats Fraud and Bribery
Florida law covers many kinds of fraud, including schemes to defraud, insurance fraud, credit card and identity-related fraud, and fraud against government programs. Many of these cases are generally charged under Florida’s law against organized schemes to defraud, where the value of what was allegedly obtained often affects how serious the charge is.
Bribery under Florida law generally involves offering, giving, requesting, or accepting something of value to influence the official actions of a public servant. Related charges can include unlawful compensation and other offenses involving public officials or contracts. These cases often turn on intent, so what the people involved understood at the time can matter a great deal.
When Fraud or Bribery Becomes a Federal Case
Many fraud cases are prosecuted federally, generally when the alleged scheme used the mail, interstate wires, email, or the internet, or when it involved a bank, a federal program such as Medicare or a federal loan program, or a federal agency. Federal prosecutors often bring charges such as wire fraud, mail fraud, health care fraud, or conspiracy. Federal bribery charges generally involve public officials or programs that receive federal funds.
These cases are often investigated for months or even years by agencies such as the FBI or an agency’s inspector general before anyone is charged. In Tampa, federal cases are handled in the Middle District of Florida. The same conduct can sometimes be charged in state court, federal court, or both. Our page on federal offenses explains more.
How Fraud and Bribery Investigations Often Start
These investigations often begin with an audit, a complaint from a business partner or customer, a whistleblower, or a referral from a bank or government agency. Investigators may quietly gather bank records, emails, and contracts long before contacting anyone. In some cases, the first sign of trouble is a call from a detective, a target letter, a grand jury subpoena, or a search warrant.
Attorney Ron Frey generally advises that anyone contacted by investigators in a fraud or bribery matter speak with an attorney before making any statements or turning over documents. An attorney can often learn more about the investigation and help protect the person’s rights from the start.
What a Fraud or Bribery Defense Generally Looks At
Every case turns on its own facts. In general, a defense may look at whether the person actually intended to deceive anyone, whether the financial records are accurate and complete, whether the case reflects a business or contract dispute rather than a crime, and how the evidence was gathered. In bribery cases, the difference between a lawful payment or gift and an unlawful one can come down to intent and context.
Attorney Ron Frey has over 20 years of experience defending people in both Florida state court and federal court. He also brings a strong financial background to these cases. He earned a Bachelor of Science in Business Administration, with a major in finance, and a Bachelor of Science in Economics from John Carroll University, which helps him understand the financial records and transactions at the center of many fraud cases.
Facing Fraud or Bribery Allegations in Tampa? Call Attorney Ron Frey.
If you’ve been accused of fraud or bribery, contacted by investigators, or received a subpoena or target letter, it’s important to get legal advice early. Attorney Ron Frey represents people facing Florida state and federal charges in Tampa, Hillsborough County, Pinellas County, and the Middle District of Florida. Call for a free and confidential consultation at (813) 775-2276 or toll-free at (844) 766-3739. You can also read about embezzlement charges in Florida or learn more about our white collar and financial crimes defense.
This post is general information at the time of this writing and is not legal advice. Laws change often, so contact an attorney about your specific situation.