By Albert Kelley

The fraud statute is perhaps one of the longest sections in the criminal law with 95 subparts. The reason is that fraud by its nature is a broad subject. So much so that the statute fails to even define the word.  Black’s Law Dictionary defines fraud as “some deceitful practice or willful device, resorted to with intent to deprive another of his right, or in some manner to do him an injury. As distinguished from negligence, it is always positive, intentional.” So basically, it is any form of a lie or falsehood used to obtain something or harm someone. The reason it is such a broad statute is that there are so many ways a person can be deceitful, it is difficult to cover them all succinctly.  However, although there are numerous subparts to the statute, most of the subparts are quite brief. 

Generally, a fraud is punished as if it were theft.  The level of the crime is based upon the amount of the amount taken. So now let us look at what activities the statute addresses.

The statute starts with one of the more common types of fraud- impersonating another person.  If a person receives property by acting as another person, it is a form of theft. The damages for this include not just the cost of the item stolen, but also any expenses that the victim may have incurred fixing their credit or satisfying any debts caused by the fraud, including attorney and accountant fees.  The court also has the authority to correct any public records that may affect the victim, such as a falsely issued judgment.

The next area is one of extreme importance to national security.  It specifies that it is a third-degree felony to obtain a seaport security identification card by providing false information.  These cards are required for those persons working in cargo and restricted areas of our nation’s ports. 

As important as the seaport security is, our individual protection is more important. Gaining access to a person’s home or private business by impersonating another, with the intent to commit a felony, is a second-degree felony.   In other words, if a person uses a false identification to get into a home in order to plan a burglary, the entry alone is punishable.

Most frauds do not involve impersonation of another, but general falsehoods.  For an example, providing any false information relating to your financial position in order to obtain credit or to purchase property is a first-degree misdemeanor. 

Protection against identity theft can be a difficult matter.  How does a credit company know who is the true person and who is the thief? If I notify a bank or credit company that my identity has been stolen, how do they know that I am not the person tying to steal another person’s identity? Financial institutions have an obligation to protect our information. So, the law has specified how financial companies address these issues.  Businesses are required in cases of identity theft to provide the credit application and business transactions to the victim and the police. Before the business releases any information, they must have proof positive of the requesting person’s identity. This can be done through a government issued identity card, some personal identifying information provided by the person, such as social security numbers, etc.  The business must also have evidence of the theft. This can be provided by a police report or an affidavit signed by the victim.  

Al Kelley is a Florida business law attorney located in Key West and previously taught business law, personnel law and labor law at St. Leo University.  He is also the author of four law books: (“Basics of Business Law” “Basics of Florida’s Small Claims Court”, “Basics of Florida’s Landlord/Tenant Law” and “Basics of Starting a Florida Business” (Absolutely Amazing e-Books)). This article is being offered as a public service and is not intended to provide specific legal advice.  If you have any questions about legal issues, you should confer with a licensed Florida attorney.

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