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White Collar 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.


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 Criminal Fraud

If you have been charged with criminal fraud, theft, racketeering, money laundering, robbery, forgery, extortion, false reporting, shoplifting or other white collar crimes, you’re going to require a skilled Arizona criminal attorney.

Many times people are accused of Fraud by dishonest business partners or employers. Sometimes the Defendant has been told that they can pay personal expenses with company checks as a sort of “bonus” that the employer can then write off as a taxable event (i.e., “Lack of Knowledge” and “Lack of Intent”). When the relationship goes bad, the employer then simply accuses the employee of some sort of “Embezzlement”. Also, business deals may fall apart and an accuser can simply claim that they were misinformed or that key elements were omitted (i.e., “material omissions”) which caused them a loss. It is important to have all elements of the case analyzed thoroughly.

Click to learn more about possible defenses and/or punishment for criminal fraud.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). David Michael Cantor is a Fraud Attorney in Arizona and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 602-307-0808, or contact Arizona Criminal Attorney David Michael Cantor.


The Advantage of a White Collar Attorney in Arizona

Ask any white collar attorney in Arizona. Ever since the Enron Scandal, prosecutors have become more sensitive to white collar crimes and have begun to prosecute them more vehemently. While your average district attorney may not prosecute cases as complex and far reaching as the Enron debacle, even straight forward white collar cases can present defense challenges for the white collar attorney.

While public defenders and private defense firms may cover a broad spectrum of crimes, the experience of a white collar attorney is dramatically different from that of any other. The defense counsel are often overwhelmed by the amount of paperwork a prosecutor can produce, especially if the counsel typically deals with narcotics, violent crime or other criminal specialties. Ideally, it’s best to go with a white collar attorney who knows the ins and outs of white collar criminal cases and can handle the sheer amount of paperwork that’s involved.

A lack of statutory and case law guidance on white collar crimes issues in regards to discovery matters  presents considerable challenges to both prosecutor and white collar attorney alike. Researching federal cases law relating to white collar criminal discovery gives judges guidance at the state level. While state case law if preferable, a white collar attorney has the opportunity to educate the judiciary on discovery issues unique to white collar crime, as the judiciary may be willing to incorporate federal case law in their decisions, particularly that requiring prosecutors to disclose the documents they intend to use during trial.

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How a Good White Collar Lawyer in Arizona Can Leverage “Puffery”

The recent economic roller coaster face experienced by many corporations around the world has resulted in an unprecedented numbers of people in need of a white collar lawyer in Arizona. As the director of the FBI confirmed last fall, 24 large financial institutions have been investigated for some type of alleged fraud. Whether or not these investigations will result in a filing of charges, it is clear that the current financial crisis will bring about a wave of violations and civil suits alleging violations of the Security Exchange Act of 1934 based on purported material misstatements about a public company’s performance. These companies will soon become the clients of a white collar lawyer.

While these new cases may be bigger and have a higher profile than cases in the past, the legal issues are no different than those faced by any case involving a white collar lawyer. Most of the current cases center themselves around classic securities fraud. So while they may be bigger and more extensive, they involve the same basic issues as any other white collar crime.

A white collar defense lawyer in Arizona is likely to argue that the alleged statements were in fact not material, and therefore cannot form the basis of a legal liability. What counts as a material statement? Statements are considered material when there is a substantial likelihood that a reasonable shareholder would consider the matter relevant enough to affect his or her vote. (more…)


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