“It’s Dishonest, But Is It a Crime?”: Why Stealing an Opportunity isn’t Always Theft

By: John Guidry

Fraud is everywhere, depending on how you define the term.

• The Insurance Con: We pay insurance companies thousands to help us. But make one claim, and they fight you tooth and nail or drop you entirely.
• The Reality: It’s a scam, sure. But it’s not illegal.

This brings me to today’s discussion: good old-fashioned Scheming to Defraud.

A “Scheme to Defraud” is essentially a Grand Theft case, defined as a course of conduct with intent to obtain property by false pretenses.

• The Key Word: Property.If you cheat someone out of something that isn’t technically “property,” have you committed a crime?

Did you get arrested for “gaming the system” at work?

Breaking company policy isn’t always a felony. Call John today at (407) 423-1117.

The Case: Dent v. State (The Overtime Scheme)

In the case of Dent v. State, 108 So. 3d 718 (Fla. 4th DCA 2013), Dent was a deputy with the Palm Beach County Sheriff’s Office.

• The Scheme: The Sheriff’s Office used a computer system to distribute overtime assignments. Dent manipulated the system to grab way more than her fair share of shifts.
• The Victim: Other deputies complained that they lost the opportunity to sign up for overtime and earn extra pay.
• The Charge: Dent was convicted of Organized Scheme to Defraud.

The Appeal:

Criminal defense attorneys came to the rescue (we love defending law enforcement, frankly).

Dent’s attorney argued a simple but brilliant point:

The State failed to prove she obtained “Property.” All she obtained was the opportunity to work. Opportunities are not property.

The Ruling: Opportunity $\neq$ Property

Did every Ivy League judge and prosecutor miss this vital language? Yes.

The Appeals Court overturned Dent’s conviction.

• The Definition: “Property” generally implies exclusivity and transferability (like real estate, money, or cars).
• The Logic: The “opportunity to sign up for overtime” is not a physical thing you can hold, sell, or possess. You cannot steal a “chance” to work.“While Dent’s manipulation… may be grounds for discipline or termination, she did not obtain ‘property’ within the meaning of the statute.”

The Lesson:

Not everything wrong in this world is a crime. Dent broke the rules, but she didn’t break the law she was charged with. Always read the statute carefully.

John’s 2026 Update: The “Bot” Crackdown & Computer Crimes

Note: In 2013, Dent walked free because the statute was narrow. In 2026, prosecutors use a different playbook.

1. The “Gig Economy” Bot Trap

The modern version of Dent involves people using “Grabber Bots” to secure Instacart batches or Amazon Flex blocks.

• The 2026 Law: Prosecutors no longer charge this as “Scheme to Defraud” (because of Dent). Instead, they charge it under F.S. 815.06 (Offenses Against Computer Users).
• The Crime: It is a felony to “access a computer system without authorization” or “exceed authorization.” By using a bot to manipulate the scheduling system, you are committing a computer crime, even if the “opportunity to work” isn’t property.

2. Intangible Property (Crypto/NFTs)

In Dent, the court said property needs “hallmarks” like physical existence.

• The 2026 Update: Florida courts now recognize Cryptocurrency, NFTs, and In-Game Assets as “Property.” If you trick someone out of their digital loot, that is a Scheme to Defraud, because unlike an overtime shift, crypto is transferable and has market value.

3. “Theft of Services” vs. Opportunity

If Dent had tricked the Sheriff into paying her for hours she didn’t work, that would be Theft (obtaining money).

• The Nuance: Because she actually worked the shifts, she only stole the “chance.” In 2026, employee handbooks are written to define “Scheduling Priority” as a contractual asset to try and close this loophole, but the Dent defense still works in many “Policy Violation” cases.

Don’t Let HR Write the Charges

Just because your boss is mad doesn’t mean you are a criminal. If you are facing charges for violating a workplace policy, we need to determine if you actually stole “property” or just broke a rule.

Call me at (407) 423-1117. Let’s define the terms.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.