Business Law 101 / Miscellaneous Fraudulent Practices I

By Albert Kelley

As mentioned in a previous column, the Fraud Statute has 95 subparts.  This leads to a number of specific circumstances that are classified as crimes.  For some the specifics are very specific.

It is illegal to receive something or value in order enter into a contract to be a seaman or sponger on a ship and then not show up to work by the time the ship sails (1^st degree misdemeanor).

It is illegal to obtain anything of value by claiming to have inside information, whether you have the information or not (3^rd degree felony).

It is illegal to obtain a consignment to sell produce grown in Florida by misrepresenting the current market price (1^st degree misdemeanor).

It is illegal for an agent of a company to make a false entry in the corporate book regarding the issuance of stock (3^rd degree felony)

It is illegal to file a false document or a document with a false statement with the Department of State (3^rd degree felony).

It is illegal for the agent of a bank to falsify records of the bank or submit false information to the Office of Financial Regulation (3^rd degree felony).

It is illegal for a manufacturer to place on an item or its packaging the name of a city or county other than the one where the item was manufactured 2^nd degree misdemeanor).

It is illegal to transfer or issue stock or membership in an LLC to someone not entitled to receive it (3^rd degree felony).

It is illegal for a corporation to issue more stock than the amount authorized by the State of Florida (3^rd degree felony).

It is illegal for the owner of a ship to issue a false invoice or bill of lading or a false affidavit to defraud the ship’s insurer (2^nd degree felony).

It is illegal to set fire to any building or personal property which is insured against loss or fire (3^rd degree felony).

It is illegal to remove or alter the serial number on personal property (1^st degree misdemeanor).

It is illegal to give false information about a motor vehicle when applying for car insurance or to give someone a false proof of insurance (3^rd degree felony).

It is illegal to alter or deface the brand on an animal or to falsely brand an unbranded animal (3^rd degree felony).

It is illegal to gain anything of value by sleight of hand, a claim of fortunetelling, or any false game, such as three card monte (based on the amount taken).

It is illegal to wear the badge of the American Legion, the  Military Order of the Loyal Legion of the United States, or of the Military Order of Foreign Wars of the United States, or of the Patrons of Husbandry, or the Benevolent and Protective Order of Elks of the United States of America, or of the Woodmen of the World, or of any society or organization that has existed in Florida for  at least 5 years (2^nd degree misdemeanor).

It is illegal to claim to be a member of any benevolent, fraternal, social, humane, or charitable organization, or wear an emblem identical or similar to such organization if not actually a member (1^st degree misdemeanor).

It is illegal to wear the uniform of any branch of the United States military while soliciting charitable contributions if the person is not a member of such branch or a veteran of that branch (excepting theatrical performances) (3^rd degree felony).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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