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Florida White Collar Crime Questions & Answers
4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Mar 19, 2025

The basic answer is Yes. The more precise answer would be dependent on the scoresheet as calculated by the State Attorney's office. Different Judges and Jurisdictions may differ some, but I find it difficult to believe that such a high number of charges would not result in some jail/prison... View More

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4 Answers | Asked in Criminal Law and White Collar Crime for Florida on
Q: Facing 141 felony counts for theft; is jail time likely?

My friend is facing 141 felony counts of scheme to defraud for stealing around $28,000 from work, grand theft, and use of a 2-way communication device in Florida. He has no prior record but was charged with possession of cannabis and attempted escape afterward. He is represented by a public... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 19, 2025

Yes, he’s looking at jail or prison time. Actually, his maximum exposure exceeds 500 years. If he’s innocent, he could go to trial for the theft charges. But the escape and marijuana charges are likely not directly related to the thefts. Hence, he could get off the theft charges and still have... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Erik A. Perez
Erik A. Perez
answered on Mar 10, 2025

It may, Florida Rule of Civil Procedure 1.530 allows for a new trial based on newly discovered evidence if it was discovered after the trial and could not have been discovered before the trial by the exercise of due diligence. However, you need to move quickly. The time limit for filing a motion... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

To add to my prior answer to this inquiry, I just noticed that you put "white collar crime" as one of your inquiry categories, but I had assumed you were talking about a civil case, not criminal - and I see that another lawyer assumed that as well. Everything I stated in my prior answer... View More

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3 Answers | Asked in Appeals / Appellate Law, White Collar Crime and Contracts for Florida on
Q: Can forgery lead to case dismissal or affect a retrial in Florida?

I was involved in a legal case in Florida concerning a forged endorsement by an unauthorized employee on a promissory note. Despite the forgery, the court's decision was against us. I have new evidence and am looking to request a retrial. Could the presence of a forgery be grounds to dismiss... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 10, 2025

Your inquiry is a bit vague because you say that DESPITE the forgery, the court decision was against you, then say you have new evidence, not indicating whether that evidence is connected to proving the forgery, beyond the proof of the forgery you already presented. In any event, your first issue... View More

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3 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

James L. Arrasmith
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answered on Feb 25, 2024

If your case was dismissed without prejudice, you generally have the opportunity to refile it. A dismissal without prejudice means the court has closed the case, but your right to bring the matter before the court again is not barred. This is distinct from a dismissal with prejudice, which would... View More

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3 Answers | Asked in Civil Rights and White Collar Crime for Florida on
Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?

My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2024

I agree with Mr. Arrasmith. A dismissal without prejudice is NOT a "permanent" dismissal in the sense of being permanently barred from re-filing your case, unless the statute of limitations period has already expired. Also, in the event your claim would be permanently barred due to... View More

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1 Answer | Asked in Criminal Law and White Collar Crime for Florida on
Q: Good morning. MY QUESTION: I was charged with “Grand theft (more than $750 but less than $2500.00”. Continues below

First time ever being arrested. Was given 18months probation with adjudication with probation. I’m all completed with probation. Completed classes and all financial obligations. Went to court and was released off probation. When looking up my DC# I’m still on there with charges stating the... View More

Leonard Louis Cagan
Leonard Louis Cagan
answered on Feb 1, 2024

If you entered a plea to this case and was placed on probation "with adjudication", the information will never be removed from your record. If you entered into some type of diversion, you may be able to seek expungement or sealing if the case was dismissed. If the "dismissal"... View More

1 Answer | Asked in Federal Crimes, White Collar Crime and Criminal Law for Florida on
Q: Can John face legal consequences under 18 USC 956 if recorded murder plans are sent to the US embassy?

I am concerned about a situation involving a friend, John, who has dual citizenship with the USA and another country. John discussed plans to kill someone in the other country (who is not a US citizen) with his friend Chris, who resides there. Chris has been blackmailing John for money, claiming he... View More

James L. Arrasmith
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answered on Apr 13, 2025

Under 18 USC 956, which addresses the offense of conspiring to kill someone in a foreign country, John could face legal consequences if it is found that he made plans or attempts to carry out such an act. Even though the victim is not a U.S. citizen, the law covers U.S. citizens who plan or... View More

1 Answer | Asked in White Collar Crime, Civil Litigation, Consumer Law and Criminal Law for Florida on
Q: Suspecting ABA therapist of forging signatures for fraudulent billing.

I suspect my son's ABA therapist has been falsifying my signature to claim fraudulent payments for services not rendered. The discrepancies between the therapist's reported visit times and my records suggest billing for times she wasn't present. For example, she claimed a three-hour... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s essential to take immediate action if you suspect fraud, especially if it involves your child’s therapy. First, gather all your evidence, such as records of the discrepancies, any written communications with the therapist and the therapy company, and documents showing the actual times of... View More

2 Answers | Asked in Criminal Law, Cannabis & Marijuana Law and White Collar Crime for Florida on
Q: Probability of jail time for multiple felony charges and recent arrest.

I have been charged with one count of grand theft for property valued between $20,000 and $50,000, one count of using a two-way communication device to facilitate a crime, and one count of fraud-swindling to obtain property between $20,000 and $50,000 (141 counts in total). After these charges,... View More

Michael Celso Gonzalez
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answered on Mar 26, 2025

Without knowing more, I would have to say that your criminal punishment code score sheet is going to put you in the category of mandatory jail time. You should request a copy of your score sheet so you see where you score. If you are represented, this is something that your attorney should be able... View More

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1 Answer | Asked in Criminal Law, Social Security, Estate Planning and White Collar Crime for Florida on
Q: How to challenge a fraudulent power of attorney in Florida involving forgery and dementia?

I discovered on December 8, 2024, that my stepdaughters forged my husband’s signature to secure power of attorney. My husband suffers from dementia and is unable to appoint a new power of attorney. They have since altered his Social Security benefits, making themselves the payees and removing my... View More

James L. Arrasmith
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answered on Mar 16, 2025

To challenge a fraudulent power of attorney in Florida involving forgery and dementia, you must first file a petition in the probate or circuit court in the county where your husband resides. Clearly outline the forgery allegations and include the supporting documentation you possess, such as... View More

1 Answer | Asked in Criminal Law, Collections, Federal Crimes and White Collar Crime for Florida on
Q: Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife...

Can the Federal DOJ's Financial Litigation Unit (FLU) go after property and bank accounts belonging solely to my wife...in order to collect on a federal restitution order issued solely against me? The reason I ask is because I received a collection notice letter from the FLU. Included with the... View More

Solomon L. Wisenberg
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answered on Oct 28, 2023

It depends on all of the specific facts of your situation. Generally speaking, DOJ cannot reach a spouse's separate property unless the property constitutes the proceeds of your crime or was obtained with the proceeds of your crime.

1 Answer | Asked in White Collar Crime for Florida on
Q: Today my judgment expired and my restitutions is over 20 years I have not received any information from the courts
T. Augustus Claus
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answered on Jul 11, 2023

If your restitution period has ended and you have not received any information from the courts, it is advisable to follow up with the court clerk's office or probation department to clarify the status of your case and obtain necessary documentation.

1 Answer | Asked in White Collar Crime for Florida on
Q: What charges can be found on a hotel employee who's pocketing the cash he takes and gives them the room free?
Stephen Arnold Black
Stephen Arnold Black
answered on Aug 18, 2022

If you have the evidence then contact the police and make a police report.

1 Answer | Asked in White Collar Crime, Consumer Law, Contracts and Personal Injury for Florida on
Q: I need to prosecute a case following under Title 16 - Crimes and Offenses, GA Code § 16-5-101

I am B.T.G, R.Ph. I have been a licensed Georgia Pharmacist for 32 Years. I and my son are disabled; he with a mental health issue. I arrived to Statesboro, Georgia on June 16, 2022, and lost a contract already under execution in order to assist and advise my 22 year old son on site at Georgia... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2022

What, if anything, does any of this have to do with Florida law?

2 Answers | Asked in Employment Law, Business Law and White Collar Crime for Florida on
Q: Unjust Enrichment-gave up 50% of pay for share of incremental purchase price but then owners refused to pay.

As CFO of a business being sold, the owners of this business requested I take a 50% pay cut in return for splitting the incremental purchase price savings (about $1M) directly tied to my salary reduction. There is clear evidence of how my salary reduction contributed to $1M additional purchase... View More

Jane Kim
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answered on Mar 8, 2022

You can't be an employee at will and have an employment agreement.

Further, you may have several claims but obviously you need a consultation with a lawyer to understand your facts, review documents and advise accordingly.

Good luck.

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1 Answer | Asked in Criminal Law, Federal Crimes and White Collar Crime for Florida on
Q: Where do I file a legal and/or criminal complaint if parties are in different states?

I wanted to look into filing a complaint against against some people for possible crimes, such as hacking my company's website and blackmail over the computer/text. I live in FL, they live in CA, and these incidents took place while they were in NY and CA. Can I file claims and complaints with... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 15, 2021

You do not "file" criminal complaints; a prosecuting attorney for one of the several jurisdictions involved would do that. You would contact the governmental agency (such as a district attorney or state attorney in California, New York, or Florida; the FBI or Justice Department for the... View More

1 Answer | Asked in Contracts, Real Estate Law, Intellectual Property and White Collar Crime for Florida on
Q: Can someone please help me? I am being framed.

Both my brand new Inspiron and my really old hand-me-down HP have been exchanged at the CPU part, the base. I know there is an FBI investigation, now they can't find anything so they're setting me up to fail because I found accidentally SEC stuff relative to assets (A Huge Number of... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 15, 2021

IMO, you should have learned better before this happened. So learn it now: Seeking attention in the manner you have recently done sets off many alarms in many places you have never heard of.

The next thing you need to learn is that competent successful Florida lawyers will probably not...
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2 Answers | Asked in Legal Malpractice, Contracts, Identity Theft and White Collar Crime for Florida on
Q: USING A HYPHENATED NAME ON A NOTARIZED DOCUMENT: THE NAME CHANGE GAME - TRICKERY TO AVOID LEGAL LIABILITY

Someone has been financially gaining by using a different name on documentation which has been notarized (as required to be valid and binding) but, the name does not match the legal name or initial on the FL ID. For example: the person's name is "Tom Smith Jones" (First, Middle and... View More

Charles M.  Baron
Charles M. Baron
answered on Aug 7, 2020

To answer that question, a review of all relevant documents and communications would be required because notarization is not normally needed to create an enforceable contract. So the issue is whether the faulty notarization makes a difference, as opposed it being irrelevant because of having a... View More

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