Legal Question in Criminal Law in Florida

I have a question regarding fraudulent misrepresentation of a person involving the purchase of goods.

For obvious reasons, I will refer to the two persons involved as Person A (offender) and Person B (victim).

Person A lives in Texas, while Person B lives in Florida. The two people know each other from the past, and are not currently in a 'good' or 'talking' relationship.

Person A purchases an eye exam, as well as glasses from an eye-wear store. Person A then has the bill sent to Person B, and walks away with said glasses/eye exam without paying. The reasoning for the merchandise being sold without receiving payment is currently unknown to Person B.

It is believed without doubt that Person A misrepresented Person B as being a legitimate buyer of the goods. Person B was never contacted by Person A regarding this purchase, and never agreed to have any such bills sent to him/her for any reason what so ever.

1) What are the ramifications of Person A's actions?

2) Are there criminal consequences?

3) Are there common-law remedies?

4) If consequences are present, or remedies for damages available, how might jurisdiction be decided?

Thank you!


Asked on 3/28/10, 9:40 am

2 Answers from Attorneys
Richard Stoffels Stoffels Law Group

A committed the crime of theft, and can and should go to jail or be punished to the maximum extent of the law, including paying restitution.

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Answered on 4/02/10, 9:49 am
Craig Epifanio Craig Epifanio, P.A.

It sounds as if person A committed a theft and/or a fraud crime, probably a felony. However, who the victim is, is a little less clear. For example, did the eye doctor not charge for a reason other than fraud? If person B is not out anything, then they wouldn't get restitution but the eye doctor might. It really depends on the specific facts and whether you are the victim or the offender, you should talk to an attorney in person and give them more details so they can better advise you.

I would also add, as far as jurisdiction, the case would be prosecuted where the crime took place, which sounds like where person A purchased the glasses and exam in Texas.

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Answered on 4/04/10, 11:49 am


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