State of Florida Restitution Check Fraud

Disclaimer

The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.

A victim reported that she discovered the defendant, her former step mother, fraudulently obtained multiple restitution checks issued to the victim, and deposited them into her personal account. The victim had just learned that she was to receive restitution checks from the State of Florida – Department of Corrections (DOC) when she discovered a check in her name in the defendant’s possession.  

The defendant, posing as the victim’s guardian, contacted the DOC, and requested that the checks be mailed to her address. The victim stated that the amount taken was $6012.60 and included five checks (of unequal amounts).  

Bank officials confirmed that the defendant had deposited the checks in question into an account that had both her and the victim’s names. The defendant then transferred the funds into an account which was solely in the defendant’s name.  

The victim stated that she had no knowledge of the first account, she never received any proceeds from the checks, and that she was no longer living with the defendant when the checks were mailed or deposited. A warrant was issued for the defendant’s arrest, and the defendant was later arrested and charged with Grand Theft. 

After retaining Meldon Law, the defendant was allowed to participate in the deferred prosecution program. This program specifies certain requirements that, if satisfied, allow the case to be delayed for a period of twelve months. At that time the State Attorney’s Office makes a determination whether to pursue the case further. Often, the state drops the charges completely. 

The defendant satisfied the requirements of the deferred prosecution program and the State Attorney’s Office dropped all charges against the defendant in this case.