Business Fraud and Misrepresentation Attorneys

Representing companies and business owners who were induced into a deal by a statement that was not true, and defending those accused of it, in Florida and in Washington, D.C., Massachusetts, and New York.

9.4Alexander Rodriguez
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9.4Alexander Rodriguez
Alexander RodriguezReviewsout of 10 reviews
Rated by Super Lawyers


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Business fraud is a false statement, a concealed fact, or a scheme that induces a company or an owner to sign, pay, invest, or sell. It shows up in acquisitions where the books were not what they seemed, in partnerships where a co-owner’s dealings were hidden, in vendor relationships built on false credentials, and in transactions where the money simply went somewhere else. Industria Business Lawyers represents businesses on both sides of fraud claims: the party that was deceived and the party accused of deceiving.

This page explains the forms business fraud takes, the Florida statutes that provide remedies beyond the common law, the four-year deadline that applies, how a fraud case is proved, and what to bring to the first call. Every statute cited was read on the Florida Legislature’s site on 16 September 2026. Fraud claims governed by the law of Washington, D.C., Massachusetts, or New York are handled through attorneys admitted in those jurisdictions.

Every matter is assessed on its own facts. Fraud is a serious allegation and IBL does not plead it without evidence, which is also why a fraud claim that is properly prepared carries weight.

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Business Fraud Claims We Handle

Fraud in a business setting takes a small number of recurring forms. Each is proved with documents, and each carries its own remedy.

A contract, an investment, or a sale entered into because of a statement that was false when made, or a fact the other side had a duty to disclose and did not. The remedy may be damages or rescission, which unwinds the deal. An action founded on fraud must be brought within four years under section 95.11(3)(i), Florida Statutes, and an action to rescind a contract within four years under section 95.11(3)(k).

Under section 501.204, Florida Statutes, unfair methods of competition, unconscionable acts, and unfair or deceptive acts or practices in trade or commerce are unlawful. Under section 501.211, a person who suffered a loss from a violation may recover actual damages plus attorney fees and costs as provided in section 501.2105, and may seek a declaration and an injunction. This statute reaches conduct that falls short of common-law fraud.

A co-owner who diverted business, hid compensation, or misstated the company’s finances to the other owners. These claims combine fraud with breach of fiduciary duty and are covered further on IBL’s partnership dispute and shareholder dispute pages.

Financial statements that overstated revenue, liabilities that were not disclosed, customers who did not exist. The purchase agreement’s representations, warranties, and indemnities usually decide these claims, alongside the fraud statutes.

A debtor who moves assets out of reach before a creditor can collect. Under section 726.105, Florida Statutes, a transfer made with actual intent to hinder, delay, or defraud a creditor, or without reasonably equivalent value when the debtor was left with unreasonably small assets, is fraudulent as to the creditor and can be unwound.

Fraud is often pleaded to gain leverage in an ordinary contract dispute. IBL defends companies and owners accused of fraud, holds the claimant to the particularity and proof the law requires, and uses section 57.105, Florida Statutes, where a fraud claim has no support in fact or law.

How Fraud Is Proved, and by When

Fraud claims are won or lost on documents and dates.

What must be shown. A false statement of material fact or a concealed fact the other side had a duty to disclose; knowledge that it was false, or reckless disregard; an intention that the other side rely on it; reliance; and loss. Each element is proved with the documents: the statement itself, what the speaker knew when it was made, and what the deceived party did because of it. A fraud claim that is specific about all five is a claim a court can decide.

The deadline. Under section 95.11(3)(i), Florida Statutes, an action founded on fraud must be brought within four years. Rescission carries the same period under section 95.11(3)(k). The period generally runs from when the fraud was or should have been discovered, so the date the deceived party learned what had happened is one of the first facts IBL fixes.

The remedies. Damages for the loss the fraud caused. Rescission, which restores the parties to their prior positions. Under section 501.211, actual damages plus attorney fees and costs for deceptive trade practices. Under section 726.105 and the sections that follow it, the unwinding of a fraudulent transfer. Injunctions where assets are about to move.

The cost-shifting statutes. Section 768.79 allows either side to serve an offer of judgment; a party that rejects it and does worse at trial by the statutory margin pays the other side’s fees and costs from the date of the offer. Section 57.105 allows fees against a party and its lawyer for a claim or defence with no support in fact or law. Section 44.102 requires a court to refer a civil action for damages to mediation on a party’s request.

The forum. A fraud claim in Florida is heard in circuit court under section 26.012 when the amount in controversy exceeds $50,000, and in county court under section 34.01 when it does not, unless the parties’ contract requires arbitration.

Next question: How is a judgment collected in Florida?

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How We Work a Business Fraud Claim

Document Review +

The statements at issue, the agreement, the financial records, and the correspondence, read against what the speaker knew when the statement was made.

Written Assessment +

Whether the facts support fraud, deceptive trade practices, breach of contract, or all three; the forum; the deadline; the remedy that fits; and whether the other side can pay.

Preservation and Injunction +

Where assets are moving, a preservation demand and, if needed, a request for an injunction or a fraudulent transfer claim under section 726.105.

Demand +

A written demand that sets out the false statement, the loss, and the remedy sought. Fraud demands are drafted with care, because an unsupported accusation creates its own liability.

Filing or Defence +

A complaint that pleads each element with the particularity the rules require, or, when IBL is defending, a motion that holds the claimant to that standard.

Discovery and Mediation +

The speaker’s records and communications, the financial records behind the statements, and depositions. Mediation with the damages evidence in hand.

Trial, Judgment, and Collection +

Cases that do not settle are tried; a judgment is enforced through post-judgment discovery, garnishment, liens, and, where assets were moved, the unwinding of the transfer.

FAQ

Breach of contract is a failure to do what was promised. Fraud is a false statement or a concealed fact that induced the deal in the first place. The same facts can support both, and the remedies differ: fraud can support rescission and, in some cases, damages a contract claim cannot reach.

Section 501.211, Florida Statutes, gives a remedy to anyone aggrieved by a violation, and businesses bring these claims. Whether the conduct meets the statute’s definition is assessed from the facts.

Not necessarily. Under section 726.105, Florida Statutes, a transfer made to hinder, delay, or defraud a creditor can be unwound, and the assets reached. Speed matters, which is why preservation is the first step.

Do not respond to the accusation directly. Preserve everything, send the papers to counsel the day they arrive, and let the claimant be held to the particularity and proof the law requires. Fraud is pleaded for leverage far more often than it is proved.

Court fees are public and set by the clerk. Under section 501.2105 the prevailing party in a deceptive trade practices case may recover reasonable attorney fees. How an engagement with IBL is structured depends on the matter. Contact the firm to discuss your situation.

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Talk to a Business Fraud Attorney

Offices in Miami, Washington, D.C., and New York. Call (202) 860-1210 or send the documents and a short description of what happened through the form. Every matter is reviewed on its own facts.

This page provides general information about business fraud claims and does not constitute legal advice. Reading it does not create an attorney-client relationship. Last reviewed 16 September 2026. Florida statutes cited: sections 26.012, 34.01, 44.102, 57.105, 95.11, 501.204, 501.211, 501.2105, 726.105, and 768.79, Florida Statutes (2025).