During a criminal trial, the jury or judge will typically assess whether the evidence, when assessed in conjunction with current statutory and case law, is sufficient to establish the defendant’s guilt. If, after a defendant is convicted, it becomes evident that there is new evidence or an intervening change in law, the defendant may be eligible for a new trial. In a recent opinion delivered in a fraud case, a Florida court discussed what evidence is needed to demonstrate that a new trial is warranted. If you are charged with a fraud offense, it is wise to speak to a Tampa fraud defense attorney to determine your options for seeking a favorable outcome.
Factual and Procedural Setting
It is reported that the defendant stood trial for six charges related to a fraud scheme involving clearing vehicle titles of liens from financial institutions and other lienholders. The scheme included false and fraudulent towing and storage liens, false claims of vehicle sales at public auctions, and the submission of fabricated documents to Florida tax collector offices.
Allegedly, after a four-day trial, the jury found the defendant guilty on four of the counts against him, one of which was aggravated identity theft. The jury instruction for this count, which both the defendant and the government proposed and to which the defendant did not object, required the government to prove that the means of identification was possessed “during and in relation to” the crime alleged in the indictment. The defendant subsequently sought a new trial on the aggravated identity theft count. Continue Reading ›