How Defrauding Elderly Citizens can Result in Criminal Charges

March 19, 2024 Don Pumphrey, Jr. Criminal Defense, Theft/Property Crimes Social Share

The state of Florida is home to a huge population of senior citizens. While they may aim to spend their remaining years basking in the Sunshine State’s sun, they can unfortunately become victimized by potential fraud schemes. There are thousands of complaints to the FBI each year about alleged financial scams against elderly people.

When a person is accused of committing financial fraud against a person considered “elderly,” what are the legal consequences? This blog post will provide a recent elder fraud case out of Leon and Wakulla County, along with the different charges a person can face for allegedly defrauding a person 65 years of age or older.

Example Case from Leon and Wakulla County

Leon County Sheriff’s Office (LCSO) combined efforts with the Wakulla County Sheriff’s Office (WCSO) to arrest an individual suspected of defrauding elderly citizens. According to the LCSO press release, the 48-year-old owner of Tallahassee Mobile RV Repair was scamming people to pay him for RV repairs.

There were eleven (11) individuals who claimed they fell victim to a scam by the repairman. The victims, ranging in age and including several over the ages of 65, said they discovered that none of the repairs had been completed on their RVs, and that the owner failed to refund their money upon request.

The Leon County Financial Crimes detectives apprehended the suspect on February 15^th on the following charges:

• Two counts of Theft from a Person Over 65;
• Two counts of Grand Theft between $750 and less than $5,000; and
• Four counts Organized Scheme to Defraud over $300 but less than $5,000.

The following day on February 16^th, WCSO’s Criminal Investigations Division secured seven arrest warrants for the suspect, resulting in him being charged with seven counts of grand theft over $750 but less than $5,000. The suspect was arrested and transferred to the custody of the Wakulla County deputies on February 19^th to face the charges in their jurisdiction.

2022 FBI Elder Fraud Report

According to the FBI’s annual Elder Fraud Report, Florida ranked the second highest state for elder fraud victims in 2022 with 8,480 reported cases. Out of the reported cases, Florida also ranked the second highest for the total monetary loss during 2022, with an estimated $328,114,489. Additional statistics from the report are listed below:

• The FBI reported 88,262 fraud complaints by victims over 60;
• There was an estimated $3.1 billion in losses from elder fraud;
• There was an 84% increase in financial losses from 2021 to 2022;
• The estimated average dollar loss per victim in 2022 was $35,101; and
• There were more than 5,000 elder victims who reported losing more than $100,000 from elder fraud.

Out of all the distinct types of fraud methods used against elder citizens, the two most common were tech support and non-payment/non-delivery.

Non-payment is defined as a scenario where goods or services are shipped but the payment is never rendered.

Non-delivery is when the payment has been sent, but the goods or services are either never received, or are of lesser quality.

In the case details provided above, it would be an example of a non-delivery scam against elderly citizens. The FBI had 7,985 reported incidents of non-payment or non-delivery fraud cases against elderly people.

To find out more about the most common fraud schemes, refer to our blog post here.

Crimes Against Elderly Victims

Taking advantage of elderly citizens in the state of Florida can result in harsh consequences. Depending on what type of fraudulent act you’ve been accused of or how much money you’ve allegedly defrauded out of a person 65+, you could be sentenced to a lengthy period in prison, plus be required to pay fines and restitution back to the victim. Examples of criminal charges and their resulting penalties for financially victimizing elderly people include the following:

• Theft from a Person 65+ – Under Florida Statute Section 812.0145, a person who is convicted of a theft offense of more than $1,000 from a victim 65-years-old or older must be sentenced to pay restitution to the victim and perform up to 500 hours of community service. In addition to these terms, the statute-specific fines and penalties for a person convicted of a theft offense against an elderly person must be reclassified as follows:
  • Funds, assets, or property involved in the alleged theft are valued at $300 or more but less than $10,000 – Reclassified as a third-degree felony.
  • Funds, assets, or property involved in the alleged theft are valued at $10,000 or more but less than $50,000 – Reclassified as a second-degree felony.
  • Funds, assets, or property involved in the alleged theft are valued at $50,000 or more – Reclassified as a first-degree felony.
• Exploitation of an Elderly Person or Disabled Adult – Under Florida Statute Section 825.103, a person who knowingly obtains or uses, or attempts to obtain or use, an elderly person’s assets, funds, or property with the intent to deprive the elderly person of such use or benefit, either temporarily or permanently. For a person to be charged with this offense, it means they are either a person who:
  • Stands in a position of trust and confidence with the elderly person or disabled adult; or
  • Has a business relationship with the elderly person or disabled adult.

The penalties for this offense are also dependent on the value of finances allegedly exploited:

• • Funds, assets, or property involved in the alleged exploitation are valued less than $10,000 – Third-degree felony
  • Funds, assets, or property involved in the alleged theft are valued at $10,000 or more but less than $50,000 – Second-degree felony and
  • Funds, assets, or property involved in the alleged theft are valued over $50,000 – First-degree felony
• Scheme to Defraud – Under Florida Statute Section 817.034, a person who engages in a systematic, ongoing course of conduct with the intent to defraud one or more persons, or with the intent to obtain property by false or fraudulent pretenses, representations, or misrepresentations of a future act. In other words, a person who has planned an ongoing scheme against an elderly person can be charged with this offense. The penalties are based on the value of the alleged scheme:
  • Amount of property obtained has an aggregate value of less than $20,000 – Third-degree felony
  • Amount of property obtained has an aggregate value of $20,000 or more, but less than $50,000 – Second-degree felony
  • Amount of property obtained has an aggregate value of $50,000 or more – First-degree felony

Additionally, any person engaged in a scheme to defraud and communicates with another person with the intent to obtain property from that person can be charged with communication fraud, punishable as follows:

• Value of property obtained or endeavored to be obtained by the communication is valued less than $300 – First-degree misdemeanor
• Value of property obtained or endeavored to be obtained by the communication is valued at $300 or more – Third-degree felony

Important: Each instance of communication with the intent to commit a fraud scheme can be charged as a separate offense.

The penalties for each level of offense are laid out below:

• First-degree misdemeanor: Up to $1,000 in fines and up to one year in jail;
• Third-degree felony: Up to $5,000 in fines and up to five years in prison;
• Second-degree felony: Up to $10,000 in fines and up to 15 years in prison;
• First-degree felony: Up to $10,000 in fines and up to 30 years in prison.

Have you been accused of any of the crimes listed above? If you’re facing criminal prosecution for an offense in Northern Florida, contact the Panhandle defense attorneys with Pumphrey Law. Keep in mind that violent crimes against elderly persons, such as assault or battery, will have enhanced penalties. Make sure you hire strong legal counsel if you are being accused of any crime against a person 65+.

Contact a Florida Panhandle Defense Attorney

Getting accused of a crime should not be taken lightly. If there is an alleged victim involved, and that victim happens to be a person over the age of 65, you should consider hiring legal counsel. The State prosecutor can fight for the toughest of penalties if your case results in a conviction. To protect yourself and your future, hire a criminal defense attorney.

The lawyers with Pumphrey Law Firm have spent years representing those across the Florida Panhandle in need of legal defense. We can review your case details during a free consultation to establish any potential defense strategies we can use to fight off a conviction. Contact our office today at (850) 681-7777 or fill out our online form.

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