Law Office of Paul J. Donnelly, P.A.

Miami is experiencing a new criminal law fraud scam in which phony debt collectors are sending fake bills to residents for unpaid tolls. A group called “Toll Enforcement, LLC” has sent out notices by mail all over South Florida demanding immediate payment of outstanding tolls. The notices threaten various penalties for failing to pay including fees, suspension of your driver’s license, and even booting your car. The Florida Department of Transportation warns drivers not to reply to the sender or to pay these bills.

Scamming SunPass and Toll-by-Plate Users

By spoofing (or fraudulently copying) bills that come from official toll road operators, this fraudulent group is allegedly targeting drivers who use SunPass or the Toll-by-Plate programs. Legitimate notices about unpaid tolls and toll violations are issued by FDOT directly. The notices are printed on official state stationery listing the date, time, and location of the toll violation as well as a photo of the vehicle passing through a toll plaza. Similarly, Toll-by-Plate users are charged monthly for tolls according to their license plate.

Pretending to be the government is not a new idea for scammers looking for easy money. Scammers frequently pretend to be major Federal agencies such as the Internal Revenue Service or the Social Security Administration. The fraudsters will demand personal information from the victims, which can then be used to make fraudulent purchases, or force the victims to pay “fines” for fake bills.

The Many Forms of Fraud

In Florida, there are dozens of crimes that fit within the overarching theme of “fraud.” For instance, there is the fraud known as “false personation” in which the perpetrator impersonates another person in order to obtain property. Alternatively, it is a different crime to make false statements through the mail. In the case of the Toll Enforcement, LLC matter, whoever is responsible for the mailings may face charges under the Florida Communications Fraud Act. Under that law, it is unlawful to:

1. Engage in a scheme of fraud (an on-going systematic attempt to defraud someone)
2. communicate (by mail or electronically), 3. with a person, 4. with the intent to obtain property (either tangible property like furniture or intangible property like a check). Alternatively, one can also be found guilty if the defendant:
1. Engages in a scheme of fraud, and 2. obtains property of another as a result.

Under the law, one can be found guilty either for soliciting fraudulent offers in writing with criminal intent, or by planning to commit fraud and somehow obtaining property as a result of the plan.

Concerns About Criminal Fraud Charges

If you or someone you know if facing criminal fraud charges in Miami, you will need the assistance of a criminal lawyer to navigate the complexities of Florida fraud statutes as well as federal fraud laws. To confront such serious charges, which can result in significant criminal penalties including fines and jail time, you must choose a knowledgeable Miami criminal attorney. Contact the Law Office of Paul J. Donnelly for criminal law advice.