Someone Took Your Money. The Police Report Is Where It Starts, Not Where It Ends.

By Dominic L. Scheer, Esq., Florida Bar No. 1022250 · Reviewed by Dominic L. Scheer, Esq. · Last updated September 28, 2026

Here is what usually happens after someone discovers a large theft or fraud. They call the police. An officer takes a report. Weeks pass. Someone eventually explains that the detective's caseload is long, that the prosecutor decides whether to file, and that even if the person is convicted, restitution is ordered at the end, paid in installments, if the defendant has anything left. Meanwhile the money is moving. By the time the criminal case gets to the point where anyone is talking about your losses, the house has been transferred to a cousin and the accounts are empty. That is why the civil case exists, and why it has to start now, not after.

Should I call the police or a lawyer first?

Both, and in that order if the theft is recent, because a prompt report matters for the criminal case and for insurance. Then call a lawyer the same week. The criminal case belongs to the state; you are the victim and a witness, not a party, and you do not control whether charges are filed, what they are, or whether the case is pleaded down. The civil case belongs to you. You decide whether to file it, what to ask for, and whether to settle. Running both, with a lawyer who understands how each affects the other, is how victims actually recover money rather than just seeing someone punished.

How do the criminal case and the civil case work together?

Carefully. The two cases share facts, and things said in one show up in the other. What we do on the criminal side: help you organize the evidence so a detective can use it (bank records, contracts, communications, a clear timeline and loss calculation), identify the right agency (local police, sheriff, a state attorney's economic crimes unit, or a federal agency, depending on what happened), make sure the report is complete, and stay in contact with the detective and the prosecutor so you are not learning about hearings from the newspaper. We help you make a victim impact statement and ask for a restitution order that reflects your real losses, and we make sure a plea deal is not negotiated over your head without anyone knowing what you are owed.

What we do on the civil side, at the same time: send the demands Florida requires before certain claims can be filed, file suit, take the discovery the police cannot, trace where the money went, and ask the court for the remedies that stop the bleeding. A criminal conviction, if one comes, can make parts of the civil case much easier to prove. But we do not wait for it.

One line we will not cross: a lawyer in Florida may not present or threaten criminal charges to gain an advantage in a civil matter. So we do not send letters that say "pay or we go to the police," and you should not either. You report the crime because it is a crime. You pursue the civil claim because you are owed money. The two run in parallel, and each stands on its own.

What can I actually recover?

• Three times your losses in theft cases. Florida's civil theft statute lets a victim who proves theft by a heightened standard recover triple the actual damages plus attorney's fees. The catch is procedural: you must first serve a specific written demand for the treble amount, and the other side has a statutory window to pay and be released. Get the demand wrong and the treble claim fails. This is the single most common mistake we see in cases that come to us after someone tried to handle it alone.
• Triple damages for a pattern of criminal conduct. Florida's civil version of the racketeering law reaches organized or repeated schemes and also carries treble damages and fees.
• Unwinding transfers. When the person who took the money has moved assets to a spouse, a relative, or a new company to keep them away from you, Florida's fraudulent transfer law lets a court void the transfer, attach the asset, enjoin further transfers, and appoint a receiver. Speed matters here more than anywhere else.
• Fraud, breach of fiduciary duty, breach of contract, unjust enrichment, conversion. The ordinary civil claims, which do not require the criminal-level proof and which are often where the judgment actually comes from.
• Worthless checks carry their own treble damage remedy after a written demand.
• Consumer and business deception claims under Florida's unfair trade practices law, with fees to the prevailing party.
• Restitution in the criminal case, which a Florida court is generally required to order for the victim's loss, and which we make sure is calculated correctly and includes everything it should.

The statutes behind each of these, with links to the official text, are in our explainer on Florida's civil remedies for fraud and theft. To see how the triple-damages math and the collection questions apply to your own numbers, try the fraud and theft recovery estimator.

What does a high-dollar fraud case look like in practice?

An example, with the details changed. A business owner discovers that a partner has been diverting customer payments to an account only the partner controls, over about two years, to the tune of several hundred thousand dollars. Within the first two weeks: the evidence is organized into a timeline and a loss schedule; a report is made to the economic crimes unit with that package attached; a civil theft demand goes out by the method the statute requires; a lawsuit is filed for civil theft, breach of fiduciary duty and an accounting; and a motion is filed asking the court to freeze the partner's accounts and prohibit the transfer of a property the partner bought during the same period. The detective now has a case file instead of a complaint form. The court has a reason to act before the money is gone. And the partner, who expected a police report to sit in a drawer, is answering a lawsuit and a subpoena for bank records in the same month. Whether the state files charges is the state's call. Whether you get a judgment is yours.

Before we meet

Preserve everything. Do not delete messages, do not confront the person in writing, do not "fix" the books. Gather the bank statements and contracts, write a plain timeline, and make the police report. Then bring all of it to us. A statement given to a detective, or a demand letter written in anger, becomes evidence in the civil case whether you meant it to or not, and the treble damage demand has to be done exactly right the first time. These are cases where the other side will fight, the money has usually moved, and the person may be a partner with rights of their own in the business. That is work for a lawyer who runs the whole matter from the first week. Below a certain size, a lawsuit costs more than it recovers, and we will tell you that at the first meeting rather than take the fee.

Who are the people who bring these cases?

• Business owners defrauded by a partner, officer, bookkeeper or employee.
• Homeowners and businesses whose contractor took a deposit and did not perform, or took draws for work never done. See also construction disputes.
• Investors in a deal, a fund, a "business opportunity" or a real estate venture that turned out not to exist as described.
• Buyers and sellers of vessels, aircraft, vehicles and equipment who paid and did not receive, or delivered and were not paid.
• Families whose elderly relative was exploited by a caregiver, an advisor, or a new "friend."
• Companies whose vendor invoiced for goods never shipped or services never performed.

How do you charge for this?

Litigation is billed hourly with a written budget you approve before we start, and we tell you at the first meeting whether the likely recovery justifies the cost, which it does not always. On strong cases with a collectible defendant we consider contingency or hybrid arrangements. Where a statute awards attorney's fees, the demand and the complaint ask for them. See how our fees work and the overview of what comes after your case.

Frequently Asked Questions

Someone stole money from my business. Should I call the police or a lawyer?

Both. Make the police report promptly, then call a lawyer the same week. The criminal case belongs to the state and you do not control it. The civil case belongs to you, and it is the one that usually recovers money. Running both at once, with a lawyer who understands how each affects the other, is the right approach for a large loss.

Can I get triple damages for theft in Florida?

In many cases, yes. Florida's civil theft statute allows a victim who proves theft by a heightened standard to recover three times actual damages plus attorney's fees, but only after serving a specific written demand and waiting the statutory period. Doing the demand wrong is the most common way the treble claim fails.

Can I use the threat of criminal charges to get my money back?

No, and neither can your lawyer. Florida's rules prohibit a lawyer from presenting or threatening criminal charges to gain an advantage in a civil matter. You report a crime because it is a crime. You pursue the civil claim because you are owed money. The two run in parallel and each stands on its own.

The person who took my money has already moved it. Is it gone?

Not necessarily. Florida's fraudulent transfer law lets a court void a transfer made to keep assets away from a creditor, attach the asset, prohibit further transfers and appoint a receiver. The sooner the civil case is filed, the more there is left to reach.

Will the criminal case get my money back?

Sometimes, partly. A Florida court is generally required to order restitution to the victim on conviction, but restitution is paid over time, depends on the defendant having assets, and is only as accurate as the loss figure presented. We make sure it is presented correctly, and we pursue the civil judgment so you are not depending on it.

Do you handle cases where the fraud was against an elderly relative?

Yes. Exploitation of an elderly or vulnerable adult has its own civil remedies in Florida, including the treble damage claim, and often involves undoing deeds, account changes and powers of attorney obtained by the exploiter.

How do you charge for fraud cases?

Hourly with a written budget approved in advance, with an honest assessment at the first meeting of whether the likely recovery justifies the cost. On strong cases with a collectible defendant we consider contingency or hybrid arrangements. Where a statute awards attorney's fees, we ask for them.