Scheme to Defraud in the Second Degree

What the prosecutor must prove

• The accused engaged in a scheme constituting a systematic ongoing course of conduct.
• The intent was to defraud more than one person or obtain property from more than one person by false pretenses.
• Property was obtained from one or more of them.

Defenses that commonly apply

• A business dispute or failed venture is not fraud.
• No intent to defraud at the outset.
• The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
• Challenging identification, witness credibility, and the reliability of statements to police.
• Suppression of evidence or statements obtained in violation of constitutional rights.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000 or up to twice the gain.

Every case turns on its own facts. The information on this page is general, not legal advice.