St. Petersburg Criminal Lawyer Blog
The federal government staunchly prosecutes fraud crimes. However, they must do so within the statute of limitations, which is a crucial safeguard against indefinite legal jeopardy. The statute of limitations may be tolled in some cases, though, as discussed in a recent Florida federal court fraud case. If you are facing federal fraud charges, it is in your best interest to speak to an experienced St. Petersburg fraud crime defense attorney about what you can do to protect your rights.
Facts and Procedure of the Case
It is alleged that the defendant conspired to commit access device fraud and engaged in aggravated identity theft by using stolen Social Security numbers to apply for government benefits. Reportedly, these fraudulent activities occurred between 2014 and 2015. Under federal law, the statute of limitations for such offenses is generally five years, meaning the government needed to bring charges by June 2020.
It is reported that during the COVID-19 pandemic, grand jury sessions in Florida were suspended in early 2020, preventing prosecutors from obtaining a timely indictment. Instead, the government allegedly filed an information against the defendant in May 2020, just before the statute of limitations expired. However, the defendant had not waived the right to an indictment, which is required for prosecution based on an information alone.
It is alleged that once grand jury proceedings resumed, the government obtained an indictment in January 2021, charging the defendant with the same offenses set forth in the earlier information. The defendant moved to dismiss the indictment as untimely, arguing that the information, filed without a waiver of indictment, did not toll the statute of limitations and that the indictment, secured after the expiration of the limitations period, was invalid.
Tolling of the Statute of Limitations in Federal Fraud Cases
On appeal, the court examined whether the filing of an information absent a waiver of indictment effectively tolled the statute of limitations under federal law. The court noted that under the applicable law, a prosecution must be initiated within five years of the alleged offense unless an indictment is found or an information is instituted within that period.
The court concluded that the filing of the information, even without a waiver of indictment, was sufficient to toll the statute of limitations. The court reasoned that the statutory language does not require that the government obtain a waiver of indictment to toll the limitations period, only that an information be instituted within the prescribed timeframe. The court cited precedent establishing that the filing of an information marks the formal initiation of legal proceedings, regardless of whether prosecution can proceed without an indictment.
Further, the court held that the subsequent indictment related back to the timely-filed information because it did not broaden or substantially amend the original charges. In doing so, the court rejected the defendant’s argument that he was deprived of notice, emphasizing that the information provided adequate formal notice of the charges, satisfying due process requirements.
Ultimately, the court affirmed the defendant’s conviction and sentence, upholding the government’s use of an information to toll the statute of limitations and validating the later indictment as timely.
Speak to a Capable St. Petersburg Fraud Crime Defense Attorney
If you are facing federal fraud or identity theft charges, it is critical to speak to an attorney about how you can challenge the charges against you. The capable St. Peterburg fraud crime defense attorneys at Hanlon Law are committed to protecting the rights of the accused. You can reach us at 727-289-0222 or via our online form to schedule a consultation and discuss your legal options.