Frank A. Rubino, ESQ.

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Florida mortgage fraud case surpasses statute of limitations

According to recent reports, a female agent of the Florida Department of Law Enforcement (FDLE) obtained a divorce in 2009 from her husband, a police officer. She was later accused of mortgage fraud by allegedly signing bank papers in 2010 as though she were still married to the man she had divorced. The woman is no longer able to be tried for the alleged offenses.

In 2014, the woman was reportedly suspended with pay from her law enforcement position in relation to the case. However, in a recent update, an assistant state attorney is said to have informed an inspector with the FDLE that the statute of limitations has expired on both charges against the woman. She was being accused of mortgage fraud and perjury.

The attorney filed a statement indicating that no basis for a criminal trial exists due to the limitation periods being exceeded. The criminal case against the woman has now been closed. A spokesperson for the FDLE issued a statement saying that an internal investigation into the matters of this case remains ongoing at this time.

The time limit for a criminal charge of mortgage fraud in the state of Florida is three years. Someone accused of this or other criminal activity has the right to seek the professional advice and guidance of an experienced defense attorney. Cases of this nature can be complex and complicated, and it is typically helpful to seek clarification on the issues as a person prepares to face any charges against him or her in court. While this woman has now successfully avoided prosecution for the alleged offenses, the result of the pending FDLE investigation remains to be seen.

Source: keysnet.com, "FDLE agent won't face mortgage fraud charge; Internal investigation still ongoing", Anthony Cave, June 10, 2015

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