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Fraudulent Use of or Possession with Intent to Fraudulently Use Personal Identification Information Concerning a Deceased Individual or Dissolved Business Entity



Understanding Fraudulent Use of Personal Identification of the Deceased or Dissolved Entities

An introduction to the crime of Fraudulent Use or Possession with Intent to Fraudulently Use Personal Identification Information Concerning a Deceased Individual or Dissolved Business Entity, focusing on the legal definition, affected parties, and the basic elements required to establish this offense under Florida law.

What does “willfully” mean in the context of this crime? “Willfully” means intentionally, knowingly, and purposely.

Key Elements of the Crime

Exploration of the statutory requirements and definitions, including “willful” and “fraudulent” use or possession of personal identification information as per § 817.568(8), Fla. Stat.

  • Willful and Fraudulent Use: The act must be done intentionally with the purpose of deceiving or cheating.
  • Possession with Intent: Simply possessing the information with the intention to use it fraudulently meets the criteria for this crime.
  • Victim Status: The personal identification information must belong to a deceased individual or a dissolved business entity at the time of the offense.

Under Florida law, the misuse of personal identification information can lead to significant legal consequences. The penalties increase based on the pecuniary gain or the number of victims involved. This crime can range from a Third Degree Felony for less significant offenses to a First Degree Felony for more severe cases involving larger sums of money or greater numbers of victims.

If you find yourself facing charges related to the fraudulent use or possession of personal identification information, it’s crucial to seek experienced legal counsel. At Leppard Law, our Orlando Fraud Defense Attorneys are well-versed in the complexities of fraud cases and are dedicated to providing a robust defense for our clients. Contact us today at 407-476-4111 for a consultation and let our expertise work for you.

Understanding Fraudulent Use of Personal Identification

Remember, being accused of a crime does not automatically mean you will be convicted. With the right legal team, you can fight the charges against you. Our Florida Credit Card Fraud Defense Lawyers understand the stress and uncertainty you may be experiencing and are here to guide you through every step of the legal process.

Don’t let a misunderstanding or a momentary lapse in judgment define your future. Reach out to Leppard Law today, and take the first step towards protecting your rights and securing your future.

Penalties for Misusing Identification of Deceased Individuals or Dissolved Entities

The fraudulent use or possession of personal identification information concerning deceased individuals or dissolved business entities is a serious offense in Florida, carrying severe penalties. This crime targets some of the most vulnerable aspects of our society and legal system, exploiting the identities of those who can no longer protect themselves or entities that no longer exist to conduct oversight. Understanding the gradation of charges and the corresponding penalties is crucial for anyone facing these allegations.

Identity Theft Penalties

Severity of Charges and Mandatory Sentences

The severity of charges and the mandatory sentences associated with the fraudulent use of personal identification information hinge on several factors, including the pecuniary gain from the fraudulent activity and the number of victims involved. Florida Statute 817.568 outlines the gradation of charges as follows:

  • Third Degree Felony: This charge applies when the pecuniary benefit is less than $5,000, or there are 10 or fewer victims. It is punishable by up to five years in prison, five years of probation, and a $5,000 fine.
  • Second Degree Felony: If the pecuniary benefit ranges from $5,000 to $50,000, or there are 10 to 20 victims, the charge escalates to a second-degree felony, carrying a mandatory minimum sentence of three years in prison and up to 15 years in prison, along with a $10,000 fine.
  • First Degree Felony: For pecuniary benefits of $50,000 to $100,000 or 20 to 30 victims, the crime is classified as a first-degree felony, punishable by a mandatory minimum of five years, up to 30 years in prison, and a $10,000 fine.
  • Enhanced First Degree Felony: The most severe penalty applies when the pecuniary benefit exceeds $100,000 or there are more than 30 victims. This level of offense includes a mandatory minimum sentence of 10 years in prison, with the possibility of up to 30 years in prison, and a $10,000 fine.

These penalties underscore the gravity with which Florida law treats the fraudulent use of personal identification information. The state’s commitment to protecting its citizens from identity theft and fraud is evident in the stringent penalties imposed on those who violate these laws.

At Leppard Law: Fraud Defense Attorneys, we understand the complexities of defending against charges of identity theft and fraud. Our team is well-versed in the nuances of Florida law and is prepared to mount a vigorous defense on your behalf. If you or someone you know is facing such charges, do not hesitate to contact us at 407-476-4111 for a consultation. Our expertise and dedication can make a significant difference in the outcome of your case.

Remember, an accusation is not a conviction. With the right legal representation, it is possible to challenge the evidence against you, negotiate for reduced charges, or even secure a dismissal of the case. Let the experienced attorneys at Leppard Law guide you through this challenging time and work towards the best possible resolution for your situation.

Common Examples and Real-Life Implications

When it comes to the fraudulent use of personal identification information of deceased individuals or dissolved entities, the scenarios are as varied as they are damaging. Imagine someone using a deceased person’s social security number to apply for credit cards, or a dissolved company’s financial information being exploited to secure loans. These actions not only constitute a grave violation of privacy but also lead to significant financial and emotional distress for the families or stakeholders involved.

What exactly constitutes the fraudulent use of personal identification? It involves any unauthorized use of another’s personal details to commit fraud or theft, often leaving lasting impacts on victims and their families.

  • Identity Theft: Using a deceased person’s identity to open new credit accounts, claim tax refunds, or make unauthorized purchases.
  • Financial Fraud: Exploiting a dissolved entity’s credentials to apply for loans or lines of credit, diverting funds unlawfully.
  • Medical Identity Theft: Using someone’s personal information to receive medical care, potentially altering the victim’s medical records and leading to life-threatening situations.

Impact on Victims and Their Families

The repercussions of these fraudulent activities extend far beyond financial loss. Families of deceased individuals often experience emotional turmoil upon discovering their loved one’s identity has been compromised. It can take years to rectify the damage done to credit reports and financial standings, during which time the victims’ families may face undue stress and anxiety.

For stakeholders of dissolved entities, the discovery of fraud can lead to significant legal and financial complications, potentially tarnishing personal reputations and professional relationships. The process of addressing such fraud involves navigating complex legal channels, often requiring the expertise of seasoned Florida corporate fraud defense lawyers.

If you find yourself grappling with the aftermath of such fraudulent activities, it’s crucial to seek professional legal assistance. At Leppard Law, our Orlando fraud crimes defense lawyer team is well-equipped to provide the guidance and representation needed to navigate these challenging circumstances. Don’t let the actions of fraudsters define your future or that of your loved ones. Contact us at 407-476-4111 for a consultation and let us help you reclaim your peace of mind and financial integrity.


Being accused of fraudulently using or possessing personal identification information of a deceased individual or dissolved entity is a serious matter in Florida. However, several legal defenses can be employed to challenge such charges effectively. Understanding these defenses is crucial for anyone facing allegations of this nature.

What constitutes a strong defense against charges of fraudulent use of personal identification? Strategies may include proving lack of intent, authorization, or mistaken identity.

At Leppard Law, we specialize in crafting robust defense strategies tailored to the unique circumstances of each case. Here’s a closer look at some common defenses:

  • Lack of Intent: Demonstrating that the accused did not have the requisite intent to commit fraud can be a potent defense. Fraudulent use of personal identification requires a willful and intentional act. If it can be shown that any misuse was accidental or without fraudulent intent, this can significantly weaken the prosecution’s case.
  • Authorization or Consent: If the accused had permission from the rightful owner or their legal representative to use the personal identification information, this could serve as a complete defense to the charges. This is particularly relevant in cases where the deceased had given prior consent or in situations involving dissolved entities where a representative had authorized the use of the information.
  • Mistaken Identity: In some cases, the accused may be a victim of mistaken identity. Providing evidence that the accused was not the person who committed the alleged fraud can lead to the charges being dropped.

Authorization and consent are particularly nuanced defenses that require a deep understanding of Florida law. For instance, if an individual had explicit permission to use the personal identification information of a deceased person before their death, or if there was implied consent in the case of business entities, these facts can be pivotal in forming a defense.

It is important to note that the burden of proof lies with the prosecution to establish beyond a reasonable doubt that the defendant committed the offense without authorization. Our experienced Florida corporate fraud defense lawyers are adept at navigating these complex legal waters, ensuring that every possible avenue of defense is explored.

At Leppard Law, we understand the stress and uncertainty that come with facing criminal charges. Our Orlando fraud crimes defense lawyer team is committed to providing a personalized and vigorous defense for each of our clients. If you or a loved one is facing charges related to the fraudulent use or possession of personal identification information, it’s essential to act quickly to protect your rights and future.

Contact us today at 407-476-4141 for a consultation. Let us put our expertise to work for you, helping to navigate the complexities of the legal system and striving for the best possible outcome in your case.

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Infographic depicting the words Fraudulent Use of or Possession with Intent to Fraudulently Use Personal Identification Information Concerning a Deceased Individual or Dissolved Business Entity

What is considered fraudulent use of personal identification?

Fraudulent use of personal identification involves using or possessing someone else’s personal identification information without their consent, for any unlawful purpose. This includes information of deceased individuals or dissolved business entities. Examples include using a deceased person’s social security number or a dissolved entity’s business identification for financial gain.

What are the penalties for fraudulent use of personal identification in Florida?

The penalties for fraudulent use of personal identification in Florida vary based on the severity of the offense. They can range from third-degree felonies for less severe cases to first-degree felonies for cases involving larger amounts of pecuniary gain or more victims. Penalties may include fines, imprisonment, and mandatory minimum sentences.

How can one defend against charges of fraudulent use of personal identification?

  • Lack of intent: Showing the accused did not intend to commit fraud.
  • Authorization: Proving the accused had permission to use the information.
  • Mistaken identity: Demonstrating the wrong person has been accused.

Each case requires a tailored defense strategy, often necessitating the expertise of a skilled Orlando fraud crimes defense lawyer.

What is the impact of fraudulent use of personal identification on victims?

The impact on victims of fraudulent use of personal identification can be devastating, including financial loss, credit damage, emotional distress, and a long recovery process. It can affect individuals, families of deceased persons, and stakeholders of dissolved entities, underscoring the importance of legal intervention and protection.

Exploring related legal fields is essential for a comprehensive defense strategy. Below are additional areas we serve in Florida, ensuring a full spectrum of legal support.

Orlando Fraud Defense Attorneys EIDL Fraud Defense Lawyers
False Statements to Obtain Unemployment Benefits Workers’ Compensation Fraud
Orlando Medicaid Fraud Defense Lawyers Filing False Documents for Real or Personal Property
Paycheck Protection Program (PPP) Fraud Fraudulent ID for Employment
Health Care Fraud in Florida PIP Fraud Cases in Florida
Insurance Fraud Defense Mortgage Fraud Defense in Florida
Florida Welfare Fraud Defense Lawyers The Federal Crime of Tax Evasion
Fraudulent Use of Credit Cards Florida Credit Card Fraud Defense Lawyers

List of Top-Rated Fraudulent Use of or Possession with Intent to Fraudulently Use Personal Identification Information Concerning a Deceased Individual or Dissolved Business Entity Attorneys Serving Florida

Choosing the appropriate legal representation is crucial when pursuing a claim. A seasoned, committed attorney ensures you’re equipped to make informed choices at each phase of the process.

  • John Vallillo: John Vallillo is renowned for his tenacity and attention to detail, offering personalized and effective legal representation for charges.
  • Joe Easton: Joe Easton specializes in challenging evidence and negotiating favorable outcomes, with a deep commitment to justice for defense.
  • Joel Leppard: Joel Leppard brings strategic thinking and skilled negotiation to cases, achieving numerous dismissals and reduced charges for his clients.

Read Our Reviews from our Fraud Clients in Florida

At the forefront of our Fraud practice is a deep-seated commitment to client satisfaction. Each case is handled with utmost care, as echoed in the appreciative feedback from those we represent.



Infographic depicting the words Fraudulent Use of or Possession with Intent to Fraudulently Use Personal Identification Information Concerning a Deceased Individual or Dissolved Business Entity

Ready to Defend Your Rights? Contact Leppard Law Today

When facing allegations as serious as Fraudulent Use of or Possession with Intent to Fraudulently Use Personal Identification Information Concerning a Deceased Individual or Dissolved Business Entity, you need a law firm that treats you with the respect, dedication, and the personalized attention you deserve. At Leppard Law, we stand by the principle that you’re not just another case number; you’re a valued member of our community in need of staunch legal defense.

Our team, led by the highly acclaimed Joel Leppard and his dedicated staff, brings a wealth of experience, a proven track record of success, and a compassionate approach to each case. We understand the complexities of fraud charges and are prepared to navigate the intricate legal system to protect your rights and fight for your freedom.

Why Choose Leppard Law?

  • Personalized Legal Strategy: We tailor our defense strategy to the specifics of your case, ensuring the most effective approach is taken.
  • Experienced Defense Team: With over 60 years of combined experience, our team has successfully defended thousands of Floridians, securing countless dismissals and charge reductions.
  • Client-Centered Approach: Your voice matters. We prioritize clear, consistent communication, ensuring you’re informed and empowered at every step.
  • Technology-Driven Efficiency: Leveraging the latest in legal technology, we offer streamlined, efficient legal services without sacrificing the personal touch.

Don’t let the weight of criminal charges bear down on you without the fierce, compassionate defense you deserve. Leppard Law is here to stand with you, fight for you, and work tirelessly to achieve the best possible outcome for your case.

For a free consultation and to learn more about how we can assist you, call us today at 407-476-4111. Experience the difference of having a dedicated advocate in your corner.

Leppard Law: Where your defense is our mission.

Legally Reviewed by Joe Easton

Expert Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s over 60 years of combined criminal defense expertise. Joe Easton, renowned for his extensive experience and strategic prowess in DUI and criminal defense, doesn’t just offer legal representation; he ensures your case is championed with dedication and expertise. His approach intertwines tenacity in the courtroom with personalized client care, turning legal challenges into triumphs.

Learn More About Joe Easton