Need a Fraud Lawyer in Arizona? Contact the Law Offices of David Michael Cantor if you have been charged with Fraudulent Schemes.
Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-2310 “Fraudulent Schemes” occurs when a person knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions, and this is done pursuant to a scheme or artifice. It is not necessary that the person defrauded actually relied on the fraud. In addition, a “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.
Possible Punishment for Fraudulent Schemes
A first offense Fraudulent Schemes is a class two (2) felony which includes a range of punishment from probation with zero (0) days in jail up to one (1) year in jail; or prison of three (3) years to twelve and one half (12.5) of incarceration. If the amount of benefit received by the Defendant is valued at $100,000.00 or more, then probation is not available and the only range of punishment is three (3) years to twelve and one half (12.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is from four and one half (4.5) years to twenty-three and one quarter (23.25) years of incarceration. If the Defendant has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.
Possible Defenses for Fraudulent Schemes
Many times people are accused of Fraudulent Schemes 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. This includes interviewing any other parties to the transaction (or co-workers) who could serve as material witnesses on your behalf. In certain cases, our White Collar Crime Lawyers in Arizona are able to work out a “Civil Disposition” which serves as a settlement of all claims. Many times the Prosecutor will then withdraw the prosecution, or plead it to a much lower charge which involves no jail time. In addition, we can often intercept cases while they are currently under investigation and prevent the Prosecutor from filing any charges at all. These are what are known as “Precharge/ Investigation Stage Cases.”
The “Common Defenses” for Fraudulent Schemes, which a Fraudulent Schemes Lawyer may apply in any criminal case are numerous and diverse. One of most common defenses we encounter is a “Miranda rights Violation”. In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “Voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, “Denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their Attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis/”cloning hard drive” procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Fraudulent Schemes Lawyer to defend you who has knowledge of both the specific defenses and the common defenses involved in a Fraudulent Schemes case.
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It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Fraud Lawyer 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 the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Fraud Lawyers in Arizona know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
Contact The Law Offices of David Michael Cantor and speak to a Fraud Lawyer in Arizona. We will assist you with your Fraudulent Schemes case.
