What Is Considered Fraud in Arizona?
Fraud charges can be brought against you in both criminal and civil court. It is also possible that the fraud can be criminally charged in Federal court. The key difference between civil and criminal fraud is the intent. In the criminal context, the State must prove that the scheme or artifice to defraud was intended to defraud. This means that there must have been an intent to mislead another for the benefit of the wrongdoer.
Arizona Revised Statutes (A.R.S.) 13-2310 defines this crime as:
Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
It is important to note that Arizona law specifically notates that reliance on the part of the aggrieved “shall not” be a necessary element (A.R.S. 13-2310). This means even if the aggrieved party did not rely on the material misrepresentation, you can still be found guilty of the charge.
Types of Fraud Charges & Investigations in Arizona
Under Arizona law, fraud is not limited to one specific area. If there is an intentional misrepresentation for another’s financial benefit, fraud charges can be filed. Some common types of Phoenix fraud investigations are:
Medicare Fraud: this is one of the most common types of fraud that comes in the form of:
- Billing for services that were not provided;
- Performing unnecessary tests;
- Unbundled billing to bill for additional procedures.
Mail Fraud: this type of fraud occurs when any scheme to defraud another individual of money or property when such scheme involves using the mail.
Government Benefits Fraud: when an individual misrepresents their status in order to obtain government benefits. Most often, these benefits are food stamps and welfare or unemployment benefits.
Bank Fraud: this type of fraud can take multiple forms including, but not limited to:
- Money laundering;
- Check kiting;
- Obtaining fraudulent loans;
- Check forgery.
Identity Theft and Fraud: this type of fraud occurs when an individual obtains another’s personal identifying information (PII), including financial information, for financial gain.
Tax Fraud: this is when one claims personal expenses as business expenses. One commits tax fraud when they:
- Claim deductions that you are unqualified for;
- Under report income;
- Falsify income;
- Hide assets;
- Claim false expenses.
Call a Gilbert Fraud Attorney for a Consultation Today
If you have been arrested for fraud call the Law Offices of Brandon White at (602) 237-6772 for a complimentary consultation today!
Consequences & Punishments for Arizona Fraudulent Schemes
Being charged with Fraudulent Schemes is not something to be taken lightly. In Arizona, there are six classes of felonies. Class 1 felonies in Arizona are reserved only for only first and second degree murder.
Fraudulent schemes is a Class 2 felony. This is the most serious class of felony that is non-murder related. The potential consequences for this offense are:
- Up to 12.5 years in the department of corrections;
- 7 years supervised probation;
- If the benefit conferred onto the offender has a value of $100,000 or more, probation is statutorily prohibited and you will be sentenced to prison.
The potential time of incarceration increases significantly if you have any prior felony convictions.
Possible Defences to Fraud Charges in Gilbert, AZ
As with each case, we will diligently review all the evidence the State has against you. This includes all police reports, surveillance and video footage, any and all warrants obtained against you, and any constitutional violations that may have occurred in the investigation.
With the way the statute is written, below are the primary areas we attack in a fraudulent schemes case:
- Lack of knowledge: We will analyze the case to see if there even was a fraudulent scheme or any deception to obtain a fraudulent benefit;
- Lack of Intent: Was there an actual intent to mislead another or was there simply a misunderstanding?
- Lack of a fraudulent benefit obtained.
We are firm believers in that there is no “one size fits all” defense for these types of cases, or any case. Fraudulent schemes felony cases are very complex and detailed. After our review of all the facts and evidence, that is when we will determine the best defense strategy for your particular case.
How Our Phoenix Fraud Attorney Can Help with Your Case?
In addition to our Firm being founded by a Former State Police Officer, All of our criminal division attorneys are former prosecutors. We have a wealth of experience in criminal law and have the tools and experience needed to vigorously and aggressively defend you from all charges.
Schedule a Consultation with Fraud Attorneys in Phoenix, AZ
Call (602) 237-6772 for a complimentary consultation today!
Why Choose Brandon White Law Firm for Your Criminal Case in Gilbert?
With the Law Offices of Brandon White you are not just hiring an attorney. You are hiring an experienced criminal defense legal team.
- Our entire staff, made up of experienced attorneys, paralegals and legal assistants will be with you each step of the way;
- We will help guide you through the criminal justice process;
- We have handled thousands of cases, ranging from traffic to homicide to white collar crimes. We know what we are doing and have the experience to back it up;
- A long history of successful outcomes, especially in white collar crime cases;
- We will answer all questions and stay in constant communication with you regarding your case. You will not feel alone and uninformed.
Our Phoenix Criminal Defense Attorneys
Managing Partner and Firm Owner Brandon White. Attorney Brandon is a former Department of Public Safety (DPS) Officer. While he was with DPS, Attorney Brandon investigated several crimes ranging from simple traffic to violent offenses.
Associate Criminal Attorney Nicholas Spare. Attorney Nick is a former Pima County Attorney and used to prosecute multiple white collar crimes during his time in Pima County. Attorney Nick has extensive experience in drug and violent crimes as well.
Associate Criminal Attorney Angelee Van Horn. Attorney Angelee brings over two decades of legal experience to the firm. She has experience in both prosecution and defense. She has experience in all types of cases, including white collar crime.
Associate Criminal Attorney Chris Richman. Attorney Chris is a former Albuquerque prosecutor and has handled multiple white collar crimes. Attorney Chris also has significant experience in DWI, drug, and violent crimes.
Regular Phoenix DUI or DWI
A regular DUI is considered driving with a BAC of 0.08-0.14% or driving with a controlled substance in your bloodstream.
- Undergoing a substance abuse screening assessment;
- Completing substance abuse treatment program;
- Serving 10 consecutive days in jail and payin g jail costs;
- An additional 9 days in jail will be suspended if the substance abuse program is completed;
- $250 fine plus any surcharge;
- $500 State Prison Construction and $500 State General Fund payments.