Statue of Limitations Felony Third Degree

[flaceo]

What is the name of your state? Florida
A person I know has been charged in the State of Florida with the sell of Unregistered Non Exempt Securities. (517.01) (Class 3 Felony) This person pleaded out in 2006 for the same offense. The state has now brought another case with the same charges. My question is as follows: Does the Statue of Limitations apply to the second case. The offense took place in 2003 and is past the three year limitation for a class 3 felony in Florida. The first case was with a different "victim". No double jeopardy. But the new case exceeds the 3 years. My understanding of the law is each investor was a separate offense. But all are now pasted the 3 years. The first was not.

Now out on bond for the second case, next court day October 29th.

 

[FlyingRon]

Yes, the statute of limitations is 3 years, but there are several things that may play against him. First you have to fix the date of the offense. Note that the statute applies not only to actual sales but to offer to sale, so if he was continuing in his ongoing scam relationship with his victims, he may indeed have continued to commit the crime past the date of the last transaction. The Florida statute allows the time to start at the end of the activity, so if there was an ongoing criminal activity, all the offenses related to that activity can be brought as long as the DAY AFTER IT ENDS is in the SOL window.

Second, the time applies only to when prosecution is commenced, i.e., a summons or warrant is issue don the crime.

Third, the time is "tolled" (i..e, put on hold) when the offender is out of the state.

 

[flaceo]

Statue of Limitations

Thanks for the reply. Clarification please. There were 15 people involved all around the same date. Does the 3 year statue start the first procecution or with each new charge?Most will never come forward because they do not feel are a victim. This was a clerical error, but we understand that does not matter.

Recap of events
12/05 First Charged with Sale Non Registered Securities
Theft
Fraud
07/07 Charges dropped on Theft and Fraud Plead gulity to Sale of Non Registered Security

10/07 New charge of sale of Non Registered Security

Did the statue of limitation begin with the first procecution or with each new charge?

 

[FlyingRon]

When did the offenses occur?
Were all the victims mentioned in the first round of charges (even if dismised)?

It's impossible to tell from the limitted info here. Felonies are nothing to screw around with, what does this con man's lawyer say?

The SOL time limit applies only to the beginning of the prosecution, which includes just having the warrant issued or the arrest taking place. After that, if you want to argue that the prosecution is taking too long, you have to seek other avenues.

 

[flaceo]

Statue of Limitations

Thanks again for the info.
All the offenses occured on or around Jan - April 2003. All his companies were registered with the state of Florida, however the stock was not done properly.

The state brought charges in Dec of 2005 only on one count, with only one victim.
He is currently on probation for that count. Now another victim has come forward and he has been charged only with one count of Sale of Non Registered Securities again. (Different Victim)

The second case will diffently be within the 3 year period because the first prosecution began in DEC 05. Question was did the Statue of Limitation begin in DEC of 05 or does it start with each new charge? Trying to help a friend determine a solution for this mess. He paid a law firm $35,000 to do the paper work but they now say he should have consulted a Securities Lawyer. So no criminal intent was there, but still no defense!!

His problem now is the first case caused the collased of the company and money for a defense is now a major issue. The first case cost him $40,000 to defend.

 

[FlyingRon]

You confuse me. If this is a totally new charge, the Dec 05 prosecution doesn't matter.

The SOL starts with the OFFENSE not the prosecution.
The SOL ends with either the passage of time or the commencement of proseucution on the charge you are trying to limit.
The SOL is tolled (i..e, put on hold) while the defendant is out of the state or otherwise ducking enforcement.

I'm not up on Florida criminal procedure to know how to fix the date of offense on securities fraud. However, the filing of the complaint by the new victim is probably the only part that needs to be within the three years.

Am I to understand that your con artist friend was actually a principal in the company whose securities we're talking about here?