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Not every broken contract is a crime, but some disputes can cross that line. In the business world, contracts form the backbone of professional relationships. Most of the time, when something goes wrong, it’s handled as a civil matter. But if there’s suspicion that one party intentionally lied to gain an advantage, criminal fraud may come into play.
If you’re dealing with a contract dispute and wondering whether you’re looking at a legal disagreement or something more serious, you’re not alone. At Van Elswyk Law, we help clients across Florida understand the difference and protect themselves on both sides of the law.
Civil vs. Criminal: Understanding the Line
Civil cases and criminal charges involve very different stakes, processes, and consequences.
A civil breach of contract occurs when one party fails to fulfill their obligations as outlined in the agreement. Maybe a service wasn’t delivered, or a payment was late. These are usually resolved through lawsuits, settlements, or mediation.
Criminal fraud, on the other hand, involves deception. The state must show that someone intentionally misled another party for personal or financial gain.
Think of it this way: missing a delivery is usually a civil dispute. However, pretending to sell something just to collect payment without ever intending to deliver it can lead to criminal charges.
The Role of Intent in Criminal Fraud Charges
Intent is key when it comes to fraud. Prosecutors can’t just say someone broke a contract—they have to prove that person meant to deceive.
This often involves showing that:
- A false statement was made
- The person knew it was false
- Someone else relied on it
- That reliance led to harm or loss
Sometimes, intent is inferred from actions. For example, if someone accepted payment, failed to deliver, and then disappeared without contact, prosecutors might argue that they never intended to follow through.
But in real life, things aren’t always that clear. Deals fall apart for all kinds of reasons, and assumptions don’t always match reality.
Common Business Scenarios That Raise Red Flags
There are certain situations in which criminal accusations arise more frequently. These include:
- Advertising services or credentials that don’t exist
- Taking deposits for work that’s never scheduled
- Falsifying invoices or using fake signatures
- Repeatedly breaching contracts across multiple clients
Of course, honest business owners can also find themselves accused in these situations, especially when misunderstandings escalate or a client feels misled. That’s why it’s important to be prepared with clear evidence that supports your side of the story.
Defending Against Fraud Allegations: The Good Faith Defense
One of the strongest defenses to a fraud charge is showing that you acted in good faith. That means you genuinely believed you were fulfilling the terms of the agreement, even if the other party disagreed.
Maybe the contract’s wording was unclear. Maybe delays happened because of supply chain issues, illness, or miscommunication. These things happen, and they don’t make you a criminal.
We help clients present evidence that supports their intent, such as:
- Reasonable attempts to deliver on promises
- Clear communication with the other party
- Steps taken to fix problems when they arose
It’s not about proving the contract went perfectly—it’s about showing that you weren’t trying to cheat anyone.
Protecting Your Business: Documentation Matters
The best way to protect your business, both before and after trouble arises, is to maintain accurate records. Strong documentation helps prove your intentions and supports your version of events.
Some helpful practices include:
- Using written contracts with clear deliverables and timelines
- Confirming changes or agreements in writing (email is fine)
- Keeping receipts, invoices, and payment logs
- Tracking performance or project milestones
Not only does this help prevent disputes, but if things escalate, it gives your attorney the tools to defend you effectively.
Why Early Legal Help Can Make a Difference
If you’ve been accused of business fraud or are worried you might be, don’t wait. Allegations can spiral quickly, and early legal support can help you avoid criminal charges or resolve the issue before it grows.
We know how Florida prosecutors build these cases, and we know how to push back when accusations are based on speculation rather than fact. Whether you’re being investigated, facing a civil lawsuit, or simply want to anticipate a potential issue, we’ll help you understand your options and protect your rights.
If You’re Facing Allegations, Don’t Go It Alone
A contract dispute doesn’t mean you’ve committed a crime. But when accusations are made, it’s easy to feel overwhelmed. At Van Elswyk Law, we can help you tell your side of the story clearly, confidently, and with the support you deserve.
Let’s protect your reputation, your business, and your future. Call us today to schedule a confidential consultation.