Arrested as the Courier in a Senior Cash-Pickup Scam? Florida Charges, Sentencing Levels, and Defenses

The people who run senior cash-pickup scams work from call centers, usually overseas. The person Florida police arrest is the one at the door. When a courier is detained at the curb, the arrest affidavit tends to list three felonies: organized fraud, exploitation of an elderly person, and theft from a person 65 or older. Each has its own elements, its own offense level, and its own weak points.

When a courier is detained at the curb, the arrest affidavit tends to list three felonies: organized fraud, exploitation of an elderly person, and theft from a person 65 or older.

Key Takeaways

• Florida prosecutors usually charge cash-pickup couriers under § 817.034 for organized fraud, § 825.103 for elder exploitation, and § 812.0145 for theft from a senior.
• Since 2024, § 817.034(4)(c) raises organized fraud and communications fraud one degree when the person targeted is 65 or older.
• Elder exploitation under § 825.103(3)(b) ranks at Level 7, and that count standing alone sets a 21-month minimum prison sentence in Florida.
• Whether the courier knew the pickup was part of a fraud is usually the central issue, and the State carries that burden of proof.
• In the Southern and Middle Districts of Florida, the same conduct can support federal wire fraud charges under 18 U.S.C. § 1343.

How the Cash-Pickup Scam Works, According to the FBI

In January 2024, the FBI's Internet Crime Complaint Center warned that scammers posing as tech support companies, banks, and government agencies were sending couriers to seniors' homes to collect cash, with more than $55 million in losses over eight months. A June 2026 FBI warning added that the courier model now runs through cryptocurrency investment, grandparent, and law enforcement impersonation scams too.

A pop-up or text claims an account problem. Callers take over, often with remote access to the senior's computer, and persuade the senior to withdraw cash to keep it safe.

The sequence rarely changes. A pop-up or text claims an account problem. Callers take over, often with remote access to the senior's computer, and persuade the senior to withdraw cash to keep it safe. Then a courier arrives, sometimes with a passcode to prove he is legitimate. The FBI counted more than 201,000 complaints from people 60 and older in 2025, with more than $7.7 billion lost, and the same courier role turns up in grandparent scam charges and government impersonation cases.

Why the Courier Is the One Who Gets Charged

The organizers are rarely within reach of a Florida courtroom. The courier is. Many arrests happen at the handoff, after a bank teller or relative alerts police and officers wait inside the home.

Some couriers know exactly what they are collecting. Others answer a job posting or a gig-style delivery offer and are told little about the money. At arrest, prosecutors treat both the same. The evidence of what the courier knew is what separates them, and it often decides whether the case ends in prison. The State builds that evidence from phone extractions, messaging apps, location data, payment records, body camera video, and the courier's own statements. When a phone ties one courier to several pickups, prosecutors aggregate the amounts, and money mule charges can follow if the cash moved onward.

The Florida Charges and What Each One Requires

Organized fraud and communications fraud. Under section 817.034, Florida Statutes, organized fraud requires a scheme to defraud in which the defendant "obtains property thereby." It is a first-degree felony at $50,000 or more, second degree from $20,000 to $50,000, and third degree below that. Communications fraud under subsection (4)(b) reaches each communication made to obtain property, a third-degree felony at $300 or more. A 2024 amendment, subsection (4)(c), raises both one degree when the person targeted is 65 or older, so a second-degree organized fraud count carries up to 30 years.

Exploitation of an elderly person. Section 825.103 is narrower than its name. Most subsections require a position of trust, a business relationship, or proof the defendant knew or should have known the older person lacked capacity to consent. A courier who never met the senior rarely fits the first two. The State must also prove an "elderly person" under section 825.101(4): someone 60 or older whose ability to protect himself or herself is impaired by the infirmities of aging. Age alone does not meet that definition.

Theft from a person 65 or older. Section 812.0145 raises theft to a second-degree felony from $10,000 to $50,000, and first degree above that, when the defendant knew or had reason to believe the owner was 65 or older. When no cash changes hands, the State charges an attempt under section 777.04, which generally drops one degree and one offense level.

Each charge has its own elements, its own offense level, and its own weak points.

What These Charges Score Under Florida's Sentencing Code

Section 921.0022 ranks each offense from Level 1 to 10, and section 921.0024 converts levels into points. At 44 points or fewer, the lowest permissible sentence is a non-prison sanction. Above 44, it is the total minus 28, reduced by 25 percent, in months of state prison.

Under Florida Rule of Criminal Procedure 3.704, a reclassification does not make an offense unlisted, so an age-enhanced organized fraud count keeps its Level 5 ranking. Standing alone, it scores 28 points, below the prison threshold. A Level 7 exploitation count standing alone scores 56 points, a 21-month minimum.

Federal Exposure for Couriers

The same conduct can become a federal case in the Southern and Middle Districts of Florida, charged as wire fraud under 18 U.S.C. § 1343 or conspiracy under § 1349, each carrying up to 20 years. If the scheme ran through telemarketing or email and targeted people over 55, 18 U.S.C. § 2326 adds up to 10 more years, so telemarketing fraud charges against a courier can outweigh the cash involved. A federal wire fraud attorney and the state defense lawyer should work from the same file. Our March post on elder fraud schemes and our post on money mules and § 1956 cover the federal side.

If the scheme ran through telemarketing or email and targeted people over 55, 18 U.S.C. § 2326 adds up to 10 more years.

Early Mistakes That Become the State's Evidence

• Explaining yourself. A statement after Miranda warnings is still a statement, and every inconsistency becomes evidence of knowledge. Ask for a lawyer and stop. Our post on FBI agents at your door explains why.
• Using the jail phone. Jail calls are recorded, and so are texts to whoever arranged the pickup.
• Deleting messages. Destroying records during a pending investigation can be charged as tampering under section 918.13, a third-degree felony.
• Assuming no money means no case. An attempt or a communications fraud count needs no completed handoff.
• Ignoring the federal side. If agents call about other pickups or a letter arrives from the U.S. Attorney's Office, a federal target letter attorney should respond before you say anything.

Where the Defense Begins

• Knowledge. How was the courier recruited, what was he told, how was he paid, and what does his phone show? Sometimes the answers support an unwitting-courier defense. Sometimes they do not, and the work becomes limiting exposure. Counsel needs to know which before the prosecutor does.
• Elements. Organized fraud requires property obtained. Exploitation requires trust, a business relationship, or incapacity, plus a statutory "elderly person." Where undisputed facts fall short, a sworn motion to dismiss under Rule 3.190(d)(2) is available, subject to the State's traverse. We covered the October 2026 change to that rule in October.
• The scoresheet. Which counts survive negotiation matters more than the maximums. Under section 775.082(10), a non-forcible third-degree felony scoring 22 points or fewer requires a non-prison sanction absent written findings of danger, and section 921.0026(2)(j) supports a downward departure motion for an unsophisticated, isolated offense followed by remorse.
• Cooperation. Couriers sometimes know who recruited them. Whether that helps depends on its value and its risks, and the decision should never be made in an interview room without counsel.

Why the First Weeks Matter

For a defendant in custody, Florida Rule of Criminal Procedure 3.134 generally requires the State to file formal charges within 30 days of arrest. The arrest affidavit reflects an officer's choices; the information reflects the prosecutor's. Counsel can engage the prosecutor before filing and decide which issues to raise now and which to hold for motions. If federal agents are involved, the best chance to avoid indictment comes before a grand jury hears the case.

Common Questions

Facing Elder Fraud Charges in Florida?

If you or a family member has been arrested as a courier, contacted by detectives about a cash pickup, or told that federal agents want to talk, get advice before making any statement. AMC Defense Law handles state fraud cases and federal investigation defense from Boca Raton, in Florida and nationwide. If you need an elder fraud defense attorney, a white collar defense attorney, or a Palm Beach County criminal defense attorney, contact the firm for a confidential consultation.

AMC Defense Law handles state fraud cases and federal investigation defense from Boca Raton, in Florida and nationwide.

Request a confidential consultation.

If you or your loved ones have been arrested or contacted by investigators, call Aaron M. Cohen, 24 hours a day to get help.

About the author. Aaron M. Cohen is the founder and principal attorney of AMC Defense Law, a criminal defense firm in Boca Raton, Florida, with more than 30 years of experience in state and federal courts. He is admitted to practice in Florida, New York, New Jersey, and the District of Columbia, and before the United States District Courts for the Southern and Middle Districts of Florida, the Southern, Eastern, and Western Districts of New York, the District of New Jersey, and the Northern District of Texas. He appears pro hac vice in other federal districts nationwide. The firm represents clients in federal investigations and prosecutions involving healthcare fraud, Anti-Kickback Statute matters, DME and telemedicine fraud, peptide and compounded-drug enforcement, controlled-substance and drug conspiracy cases, financial crimes, and complex federal litigation, in Florida and nationwide.

This article is for general informational purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. Every case turns on its own facts, and the law described here may change. Past results do not guarantee a similar outcome. If you need advice about a specific situation, consult a qualified attorney.