Florida/Georgia Personal Injury & Workers Compensation

...002); (3-55) Medicaid provider fraud, in violation of section 409.920(2)(a), Florida Statutes (2002); (56-129) split-fee patient brokering, in violation of section 817.505(1)(b), Florida Statutes (2002); and (130) white collar crime, in violation of section 775.0844, Florida Statutes (2002)....

...rges (counts one and two) of the information, which are based on violations of chapter 817, Florida Statutes. B. White Collar Crime The defendants raised similar challenges to count 130 in the information, which charged the defendants with violating section 775.0844, the White Collar Crime Victim Protection Act. The defendants argued that section 817.505 was not a proper predicate upon which to base the white collar crime charge. The trial court again agreed and dismissed this count. Section 775.0844(2), Florida Statutes (2002), provides: Due to the frequency with which victims, particularly elderly victims, are deceived and cheated by criminals who commit nonviolent frauds and swindles, frequently through the use of the Internet...

...frequently causing the loss of substantial amounts of property, it is the intent of the Legislature to enhance the sanctions imposed for nonviolent frauds and swindles, protect the public's property, and assist in prosecuting white collar criminals. Section 775.0844(3)(a)(4) provides that white collar crime means the commission or conspiracy to commit any felony offense specified in "[c]hapter 817, relating to fraudulent practices." *781 The Fifth District affirmed the trial court's dismissal of...

...Counts 56-129 charged various defendants with patient brokering by engaging in a split-fee arrangement in violation of section 817.505, Florida Statutes. Count 130 charged all defendants with violating the White Collar Crime Victim Protection Act, section 775.0844, Florida Statutes....

...denied, 634 So.2d 627 (Fla.1994) (lewdness and assignation were not predicates to support RICO prosecution for committing crime "relating to prostitution"). White Collar Crime In count 130, the defendants were charged with violating Florida's White Collar Crime Victim Protection Act, section 775.0844, by committing at least two white collar crimes, including patient brokering in violation of section 817.505. Section 775.0844(3) provides in part as follows: 775.0844....

NORTHCUTT, Judge. Michael Craun entered an open plea to one count of aggravated white collar crime, a first-degree felony, see § 775.0844(4), (5)(c), Fla....

...a new judge). Affirmed in part, reversed in part, and remanded for resentencing. VILLANTI and MORRIS, JJ., Concur. . Our record does not contain the scoresheet itself, but no one disputes this number. We note that a first-degree felony charged under section 775.0844 is a level nine felony under the Criminal Punishment Code....

...CIKLIN, J., dissents with opinion, in which TAYLOR, LEVINE, CONNER, and KLINGENSMITH, JJ„ concur. . People v. Collins, 239 Mich.App. 125 , 607 N.W.2d 760 (1999). . The public policy favoring restitution is also apparent in the White Collar Crime Victim Protection Act, section 775.0844, Florida Statutes (2010). Section 775.0844(8) provides that a person convicted of an "aggravated white collar crime” must "pay restitution to each victim of the crime, regardless of whether the victim is named in the information or indictment.” Restitution is required to be made a condition of "any probation granted” to a defendant and probation continues "for up to 10 years or until full restitution is made to the victim, whichever occurs earlier.” § 775.0844(8)(a), Fla....

...es which are predicate offenses for aggravated white collar crime. 1 Drawing from cases interpreting the Racketeer Influenced and Corrupt Or *913 ganizations Act (RICO) and continuing criminal enterprise, we find that a defendant can be convicted of section 775.0844, Florida Statutes (2005), aggravated white collar crime, as well as the predicate offenses, without violating double jeopardy....

...The Case and Conviction Headley and her co-defendant, Phillip Davis, were involved in the theft of grant money that was meant to fund the Miami-Dade Resident College (MDRC). Each was subsequently charged with one count of scheme to defraud $50,000 or more; one count of aggravated white collar crime, a violation of section 775.0844, Florida Statutes (2005); 2 two counts of grand theft of more than $20,000 but less than $100,000; one count of grand theft of more than $300 but less than $5,000; and twenty-five counts of money laundering of more than $300 but less than $20,000....

...he predicate offenses. 3 The State argues that aggravated white collar crime is similar to the continuing criminal enterprise (CCE) statute analyzed in Garrett v. United States, 471 U.S. 773 , 105 S.Ct. 2407 , 85 L.Ed.2d 764 (1985), and as with CCE, section 775.0844 was enacted by the legislature to enhance punishment....

...y constructed, and both were enacted to allow for prosecution of the major offense as well as the predicate offenses. Both statutes establish an offense in which it is implicit that the defendant has committed a number of predicate offenses. Compare § 775.0844(3)-(4), with *915 § 895.02....

...State, 531 So.2d 364, 365 (Fla. 1st DCA 1988). The legislative intent in adopting the white collar crime statute was to “enhance sanctions imputed for nonviolent frauds and swindles, protect the public’s property, and assist in prosecuting white collar criminals.” § 775.0844(2). As with RICO, the white collar crime statute was geared toward prosecuting those individuals who engage in a pattern of committing felony offenses involving fraud and deceit. See § 775.0844(4) (defining “aggravated white collar crime”); see also Carroll v....

...2407 , 85 L.Ed.2d 764 (recognizing that the legislature intended CCE to be a separate offense and to permit prosecution for predicate offenses as well as CCE, and concluding that convictions for both does not violate double jeopardy). As with CCE, the legislative intent in establishing section 775.0844 was to create a separate and distinct offense, see State v....

...gravated white collar crime and the underlying predicate offenses, and we affirm the circuit court conviction and sentence. . Headley raised three other arguments as well. We have carefully considered these points but find them to be without merit. .Section 775.0844 provides: (3) As used in this section, "white collar crime” means: (a)The commission of, or a conspiracy to commit, any felony offense specified in: 1....

...In August 2009, after DOR’s civil collection efforts proved unsuccessful, the State charged Levitan with ten counts of grand theft, one count for each month that he failed to remit the sales tax collected by the business. The information was subsequently amended to include one count of aggravated white collar crime under section 775.0844, Florida Statutes (2007), 1 with the grand thefts serving as the predicate offenses for this charge....

...ey v. State, 90 So.3d 912 (Fla. 3d DCA 2012). 4 In that case, the court held that a defendant could be convicted of both aggravated white collar crime and the predicate offenses without violating double jeopardy because the language and structure of section 775.0844 reflect a clear statement of legislative intent to authorize separate punishments. Id. at 913 . The court explained: [Section 775.0844] and the Florida RICO Act are similarly constructed, and both were enacted to allow for prosecution of the major offense as well as the predicate offenses. Both statutes establish an offense in which it is implicit that the defendant has committed a number of predicate offenses. Compare § 775.0844(3)-(4), with § 895.02....

...State, 531 So.2d 364, 365 (Fla. 1st DCA 1988). The legislative intent in adopting the white collar crime statute was to “enhance sanctions imputed for nonviolent frauds and swindles, protect the public’s property, and assist in prosecuting white collar criminals.” § 775.0844(2). As with RICO, the white collar crime statute was geared toward prosecuting those individuals who engage in a pattern of committing felony offenses involving fraud and deceit. See § 775.0844(4) (defining “aggravated white collar crime”); see also Carroll v....

...2407 , 85 L.Ed.2d 764 [(1985) ] (recognizing that the legislature intended CCE to be a separate offense and to permit prosecution for predicate offenses as well as CCE, and concluding that convictions for both does not violate double jeopardy). As with CCE, the legislative intent in establishing section 775.0844 was to create a separate and distinct offense, see State v....

...Accordingly, we reverse the order granting a JOA on the ten grand theft counts and remand for the trial court to enter judgment and sentence on those counts. Levitan’s judgment and sentence is otherwise affirmed. AFFIRMED in part; REVERSED in part; REMANDED with directions. ROWE and MAKAR, JJ., Concur. . Section 775.0844 provides: (2) Due to the frequency with which victims, particularly elderly victims, are deceived and cheated by criminals who commit nonviolent frauds and swindles, frequently through the use of the Internet and other electronic tec...

...owing admission of a surveillance video. We affirm as to all issues raised and write solely to address defendant’s claim concerning the deficiency in the information. Count I of the information charged aggravated white collar crime in violation of section 775.0844, Florida Statutes (2010)....

...he ATM machines were compromised. Money was removed from thirty-one accounts, with the loss to Citibank totaling more than $44,000 plus the cost of closing and re-opening the accounts. . The White Collar Crime Victim Protection Act, Florida Statutes section 775.0844, addresses “white collar crime,” which includes....

...a variety of offenses by which victims “are deceived and cheated by criminals who commit nonviolent frauds and swindles, frequently through the use of the Internet and other electronic technology *1030 and frequently causing the loss of substantial amounts of property.” § 775.0844(2), Fla....

...1.01; or (c) Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions, and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. § 775.0844(4)-(5), Fla....

...mmission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents; which crimes victimized, and by which crimes Mihai Arnauta obtained or attempted to obtain $50,000.00 or more, contrary to Florida Statute 775.0844(5)....

...nce filed on the authority of rule 3.800(c), Florida Rules of Criminal Procedure. We grant the petition, quash the order denying modification, and remand for further proceedings. Levitan was convicted of aggravated white collar crime, a violation of section 775.0844, Florida Statutes, for the failure to remit sales taxes while working as the general manager of Finnegan’s Wake Irish Pub in Pensacola....

...adlocked on a verdict. Trial on the remaining counts was reset for February 16, 2010. On January 15, 2010, however, the State filed a third amended information, which charged Appellees with one count of aggravated white-collar crime, in violation of section 775.0844, Florida Statutes (2005), a first-degree felony (count one), and eleven counts of defrauding a financial institution....

...We find no error in the dismissal of counts two through eight and count twelve. These counts alleged new crimes and are barred by the statute of limitations. We reverse, however, the dismissal as to count one, which charged Appellees with first-degree aggravated white-collar crime, in violation of section 775.0844, Florida Statutes (2006)....

...elderly persons, as defined in section 825.101(5), (b) twenty or more persons, as defined in section 1.01, or (c) the State of Florida, any state agency, any of the state's political subdivisions, or any agency of the state's political subdivisions. § 775.0844(5), Fla....