Tampa Criminal Lawyer Blog
Following the disbursing of loans during the pandemic, the government began to crack down on people who they alleged fraudulently obtained COVID relief. As with all criminal cases, the prosecution must prove each element of a crime in COVID loan theft cases, and if they cannot, the defendant should not be convicted. In a recent Florida ruling, the court discussed the elements of identity theft, ultimately determining the defendant should have been acquitted. If you are charged with a theft offense, it is advisable to confer with a Tampa theft crime defense attorney to determine what steps you can take to protect your rights.
History of the Case
It is alleged that the defendant was charged in a superseding indictment with nine counts of wire fraud and five counts of aggravated identity theft. The government alleged that the defendant engaged in a scheme to defraud the Small Business Administration and lenders administering the Paycheck Protection Program and Economic Injury Disaster Loan Program by submitting false and fraudulent loan applications on behalf of three entities. The defendant also allegedly forged signatures on documents supporting these applications.
It is reported that the defendant proceeded to a jury trial on all fourteen counts, and the jury returned a verdict of guilty on six counts: four counts of wire fraud and two counts of aggravated identity theft. The jury acquitted the defendant on the remaining eight counts. Subsequently, the defendant filed a motion for judgment of acquittal and a motion for a new trial, challenging the guilty verdicts on the grounds of insufficient evidence and legal errors.
Grounds for Vacating an Identify Theft Conviction
Upon review, the court granted the defendant’s motion in part and denied it in part. The court agreed with the defendant’s assertion that the basis of his conviction for aggravated identity theft was not a misrepresentation of the alleged victim’s identity. Instead, the crux of the offense was a misrepresentation of the nature of his businesses and whether they could obtain the relief in question. As such, the court found that there was insufficient evidence to sustain the defendant’s issue as to those counts and ruled in the defendant’s favor as to that issue.
Conversely, however, the court discussed the defendant’s argument for acquittal on the wire fraud counts, namely that he did not need to demonstrate that the banks from which he obtained the loans suffered actual harm. The court upheld his conviction on those counts on other grounds, though, namely that banks can be victims, without resolving his arguments.
The court also denied the defendant’s motion for a new trial and partially granted the provisional motion for release pending appeal, which authorized the defendant to self-surrender to the Bureau of Prisons at the time of sentencing.
Meet with a Seasoned Tampa Criminal Defense Lawyer
People charged with theft crimes often worry that the odds are stacked against them, but in many instances, the prosecution lacks the evidence needed to sustain a conviction. If you are accused of unlawfully diverting someone else’s property, it is advisable to meet with an attorney as soon as possible. The seasoned Tampa theft crime defense lawyers at Hanlon Law can assess your case and help you determine what defenses you may be able to set forth. You can reach out to Hanlon Law using our online form or by calling 813-228-7095 to set up a meeting.