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Articles Posted in Fraud

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Florida Court Examines How to Determine if a Sentence is Reasonable

A conviction for federal bank fraud and identity theft carries severe consequences, including imprisonment, restitution, and long-term supervised release. When such cases reach the appellate level, the focus turns to whether the trial court properly weighed the statutory sentencing factors under 18 U.S.C. § 3553(a) and whether the resulting sentence…

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Florida Court Explains Grounds for Sentencing Reduction

Federal courts treat fraud offenses with heightened scrutiny, especially when they involve extensive identity theft, exploitation of government programs, and multi-jurisdictional activity. Individuals convicted of such offenses often pursue sentence reductions under newly enacted sentencing amendments or seek compassionate release based on post-conviction conduct or personal circumstances. However, these requests…

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Florida Court Analyzes Tolling of the Statute of Limitations in Fraud Case

The federal government staunchly prosecutes fraud crimes. However, they must do so within the statute of limitations, which is a crucial safeguard against indefinite legal jeopardy. The statute of limitations may be tolled in some cases, though, as discussed in a recent Florida federal court fraud case. If you are…

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Florida Court Explains How it Determines if a Criminal Sentence if Unreasonable

Florida courts do not regard fraud schemes as victimless crimes; as such, they often deliver lengthy sentences to people found guilty of fraud offenses. Such sentences will typically be upheld unless a defendant can demonstrate that they are either substantively or procedurally unreasonable. In a recent fraud case, a Florida…

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Florida Court Discusses Grounds for Compassionate Release of Inmates

COVID-19 ravaged prisons throughout Florida and the country, ultimately costing many people their lives. In light of that fact, the Florida courts have granted some inmates compassionate release. The mere fact that a person may contract COVID-19 is not adequate grounds for granting such relief, though, as discussed in a…

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Florida Man’s Sentence Reversed After Hillsborough County Trial Court Interrupts His Statements at the Sentencing Hearing

The Florida District Court of Appeal, Second District released an opinion on November 8, 2017, that addressed the due process rights available to a criminal defendant at a sentencing hearing. In the case, the defendant appealed the trial court’s decision to revoke his probation and impose a 40-month sentence. The…

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