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Theft Crimes

What are Fraudulent Schemes in Arizona?

In the Phoenix area or anywhere else in the state of Arizona, as per A.R.S. §13-2310, the crime of fraudulent schemes is committed when an individual creates a scheme or artifice to defraud, which involves the attempt to defraud knowingly and when they receive a benefit as a result. A scheme or artifice to defraud means that a person intended to gain an unfair benefit or that another person was deprived of the right of honest services. For a defendant to be convicted of this crime, it is not necessary that the individual who was defrauded actually relied on said fraud.

Here is a short video where David Cantor explains Fraudulent Schemes in Arizona:

Punishment for Fraudulent Schemes Conviction

If you are convicted of a first offense fraudulent scheme, it is considered a class 2 felony. The punishment for such a conviction includes probation with zero days to up to one year in jail or a prison sentence ranging anywhere from three to 12.5 years. With one prior conviction, the prison only term ranges from four and one half to 23.25 years of incarceration. If the individual has two prior convictions, the prison sentence can range anywhere from 10.5 to 35 years of time served.

If the monetary amount the individual received is $100,000 or greater, they would not receive probation and the punishment of prison is instituted. However, a skilled defense attorney would strive to get you the minimum sentence instead of the maximum.

Defenses to Fraudulent Schemes in Arizona

There are several different tactics a skilled defense attorney can take toward defending an individual who is charged with the crime of fraudulent schemes in Arizona. Generally speaking, the key to a successful defense involves the lawyer showing that the defendant never meant to defraud anyone and did not knowingly do so. To accomplish this, the attorney must present evidence that shows that the individual never created a scheme or artifice to obtain a benefit in a fraudulent manner from another person. In addition, it has to be proven that any benefit the defendant did receive was either through the consent of the so called victim or via mutual understanding between the two individuals. A third option is to prove that the defendant never actually received any benefit. Many times, a person may be accused of fraudulent schemes by a dishonest employer. For example, a person may be informed that they can pay for personal expenses with company checks as a bonus and that the employer can write it off on taxes. However, when or if the employment relationship sours or there are tax issues, the employer turns around and accuses the employee of embezzlement.

Other possible defenses include violation of Miranda rights where an individual was not read their rights when arrested, denial of right to counsel, meaning the individual asked to speak to an attorney but was not granted that right, that the police coerced them to falsely confess and forensic flaws during the investigation.

If you have been suspected of Fraudulent Schemes in Arizona and would like to speak with an attorney, please give us a call at (602) 307-0808 to schedule a free consultation. If you would like, you can also send us an email and we’ll contact you back as soon as possible. We look forward to hearing from you soon.


Unlawful Means of Transportation/Theft of Means of Transportation

People contact my office and say, “what is the difference between unlawful use of means of transportation and theft of means of transportation?”  Theft of means of Transportation is when you are intentionally depriving someone of their car/stealing a car to sell or to keep.  Unlawful use of means is when you borrowed a car without permission.  For example, joy riding or borrowing a roommate’s car and going to Vegas with it for a week; something of that nature.  Unlawful use of means of transportation is far less serious than theft of means of transportation but if you have been charged with either of these, contact us immediately.  We have been very successful at getting a reduction of these charges or getting them dismissed all together.  Give us a call if this applies to you at (602) 307-0808 for a Free Initial Consultation.


RICO Attorney David Michael Cantor on What to Do if You’re Charged with RICO or Racketeering

If you have been charged with RICO or Racketeering, you’re going to require a skilled RICO attorney. Below is a video about Fraudulent Scheme, a relative topic to RICO.

The main defense to Illegally Controlling or Illegally Conducting an Enterprise/Racketeering (RICO) is “Lack of Knowledge”. This occurs when a person is merely an employee of a business, or a non-involved partner who is basically “duped” into managing a business whose proceeds are the result of an illegal activity. This is very similar to the defenses used in Money Laundering, however, it may also involve a person selling land or investment contracts which they do not realize are actually unregistered securities. In addition, a person may well believe all of the materials that have been placed in an advertising brochure without realizing that there are misstatements and fraud involved.

Click here to learn more about possible defenses and/or punishment for a RICO or Racketeering.

 


What to Do if You’re Charged with Burglary

If you have been charged with Burglary, you’re going to require a skilled Arizona Theft Lawyer.

The most often seen defense to Burglary is “Lack of Intent”. This defense is accomplished by demonstrating that although a person may have been in a place where they did not have permission, they were not there with the intent to commit a felony. This shifts the serious charge of Burglary down to the less serious charge of Trespass. Another defense is demonstrating “Mistake of Fact”. This sometimes occurs when a person has been drinking, or they are unfamiliar with an area, and they accidentally walk into the wrong apartment or household. Another defense is demonstrating that the Defendant was merely on another person’s property in order to seek permission to use the telephone or garner some other type of assistance, but the owner of the property called the police before the Defendant had a chance to explain himself. It is important to interview all witnesses involved and produce documentation of the Defendant’s good character in order to demonstrate that the case does not warrant being charged as a Burglary.

There are multiple categories of theft that Burglary can be associated with.


What to do if You’re Charged with Theft in Arizona

If you have been charged with Theft, you’re going to require a skilled Arizona Theft Attorney.

One of the most often seen defenses to Theft is “Consent”. This will occur when two (2) people have an agreement or an understanding regarding the use of a piece of property, money, or a credit card. Then when the relationship goes bad, one person may simply accuse the Defendant of some type of “Theft”. This is often seen in situations involving roommates, boyfriends and girlfriends, spouses and business partners. Other times “Consent” is seen where one person loans another person money and they are told “pay me back by the 15th, or I will hold on to your motorcycle until you pay me”. The other person then states “no problem”, and when they cannot pay the person back, they are then surprised to see that their motorcycle has actually been taken as collateral. It is important to interview all people who may have been witnesses to the “Consent” in order to demonstrate to the Prosecutor that this is not a true theft.

Theft can carry steep charges that range from simple fines to years of prison time! Visit our website to learn more about possible defenses and/or punishment for a Theft charge.


What to Do if You Are Charged with Robbery

If you have been charged with Standard, Aggravated or Armed Robbery, you’re going to require a skilled Arizona Defense Lawyer.

Most commonly, defenses for Robbery will involve the fact that the Defendant knows the alleged victim. Usually these charges will arise in domestic disputes (either between significant others or roommates) where one party gets in an argument and then attempts to take what they perceive to be their own property with them. It will be important to show that the person who is taking the property (such as a car, a stereo or some other household item) is actually entitled to that property. In a “community property state”, such as Arizona, both spouses have equal right to take any of the household property. This will be a very important defense in order to defend Robbery charges (especially when an ongoing divorce proceeding in involved).

Click here to learn more about possible defenses and/or punishment for a Standard, Aggravated or Armed Robbery.

David Michael Cantor is a skilled Arizona Defense Lawyer, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its Arizona Defense Lawyers are listed in Martindale-Hubbell’s Bar Register of Preeminent Attorneys®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Defense Lawyers know the system well. For a free initial consultation, call us at 1-888-822-6867, or contact Arizona Defense Lawyer David Cantor.


Fraud Lawyer Gets 61 Felony Charges Reduced to One Felony Charge

Scottsdale, AZ. April 21, 2010 – Fraud Lawyer David Michael Cantor’s Office was able to get 61 felony charges, ranging from Fraud Schemes to Participation in a Criminal Syndicate, reduced to a plea of a simple charge of Class 6 Undesignated Felony of Possession of a Forgery Device.

Fraud Lawyer Cantor’s associate was representing Ms. Dye, who was employed at a tax return preparation business which her step father owned, in the case of the State of Arizona v. Dye. Dye had been directed by her stepfather to prepare numerous tax returns and to sign the documents with his name and a social security number that did not belong to either her or her stepfather. This resulted in over $1,000,000 of tax losses to the State and Federal Government. Dye was ultimately charged with 61 felony counts and was potentially exposed to over 200 years in prison.

“DM Cantor worked hard to provide evidence to the Assistant Attorney General that Ms. Dye was unwittingly dragged into this scheme,” said Fraud Lawyer David Michael Cantor. “As a result our office was able to get 61 felony charges reduced to just one and we were able to keep Ms. Dye from being sentenced to any jail time.”

Fraud Lawyer Cantor’s associate presented evidence to the Arizona Assistant Attorney General that Dye was unwittingly pulled into the scheme, and ultimately resolved the case with a plea of a Class 6 Undesignated Felony of Possession of a Forgery Device. Dye received six months of supervised probation, with the charge being designated as a Misdemeanor upon completion of probation, and was able to avoid serving any jail time.


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