Another Monday Morning
It was another Monday morning at Flagler County (Florida) Sheriff's Office Criminal Investigation Division. On the first day of the workweek, investigators reviewed crimes committed over the weekend and responded to a plethora of police reports and messages from citizens and deputies.
I'd always taken an interest in patterns of behavior. In more than three decades as an investigator, I noticed that fraud and theft schemes were on the rise — not only nationally but also in Flagler County. Some of that was a difficult economy. Some of it was the availability of prime victims. And some of it was the unfortunate truth that fraud has a higher chance of getting away than crimes of violence.
Investigative Philosophy
I think I look at fraud differently than many other law-enforcement investigators. A forcible robbery would upset me — but defrauding someone out of $10,000 in a hurricane-shutters scheme could cause severe financial injury that lasts a lifetime. That difference in perspective drove my attention to potential schemes that some classify as civil rather than criminal.
First "Shutter Bug" Fraud Victim
In 2006, Mary, a 76-year-old citizen, came to my desk with a problem. She had purchased shutters from a Florida franchisee of Roll-Away Shutters through a salesman named John and an owner, Daniel Quinn, more than 18 months earlier. They took a 50 percent deposit — but the State of Florida only allows 10 percent down unless work is completed within a designated time.
I asked questions to determine whether this was civil or criminal. During the initial interview, I learned that Mary had:
- Called Quinn more than 30 times in the previous year. - Written numerous certified letters requesting either job completion or an immediate refund. - Some letters were accepted by the business; others came back stamped undeliverable.
Phone records and certified-mail documentation provided forensic evidence supporting her testimony.
Distinguishing Civil From Criminal
At the initial investigation stage, I established this was not merely a civil matter but potentially criminal. Distinguishing a civil complaint from a prosecutable criminal complaint involves identifying whether:
1. The complainant made and documented reasonable efforts to resolve the matter. 2. The contractor made reasonable efforts to resolve the issue and return deposits, funds, or property.
For 18 months, Mary had $2,500 less in her bank account and no hurricane shutters. That's a clear indication of potential criminal fraud — not a simple business dispute. The case grew from there.