What is a “Fraud Scheme”? Arizona Criminal Law
The crime of “fraudulent scheme” under Arizona law is committed when a person creates a scheme or artifice “to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions[.]”A.R.S. §13-2310.
A fraud scheme is when a person intended to gain an unfair advantage by using false pretenses, fraudulent representations, or purposefully omissions of material fact. For a defendant to be convicted under Arizona’s fraudulent scheme law, it is not necessary that the party defrauded actually relied on the fraudulent information or material omission.
Criminal Penalties for Fraudulent Schemes in Arizona
The Arizona statute that defines fraud schemes makes it a class 2 felony. A.R.S. §13-2310. If convicted, and it is a first offense, the penalties can include a prison sentence of 3 years to 12.5 years. If a person has prior convictions then the penalties imposed are likely to be harsher.
In instances where the fraudulent scheme resulted in a benefit of $100,000 or more, a convicted defendant cannot be sentenced with probation only. He or she is “not eligible for suspension of sentence, probation, pardon, or released from confinement” until the sentence imposed by the court has been served. A.R.S. §13-2310(C).
Defend Against Fraudulent Scheme Criminal Charges
An experienced White Collar Criminal Defense Attorney can help you mount a strong legal defense to ensure the best possible outcome in your case. At Ashley D. Adams, PLC we will strive to dismantle the case against you, to get you cleared of all charges or at least to get you a reduced sentence.
Our firm will thoroughly investigate the case against you and leverage evidence we gather to defend you. Perhaps allegations have been made unfairly against you and you did not create a fraud scheme to gain an unfair advantage. There may be evidence to demonstrate that any benefit received was the result of a mutually agreed upon exchange that did not involve material misrepresentations or omissions. In some situations a person who simply made a bad investment attempts to place blame on a defendant by claiming they were misled about the profitability of a business deal.
If you are facing charges of fraudulent schemes in Arizona we urge you to contact us right away for a consultation. The sooner we begin our investigation, the sooner we can implement all available legal strategies to defend you.
As a former fraud prosecutor with the United States Attorney’s Office, Ashley D. Adams understands the government’s tactics and knows how to establish the best possible defense for your case. Given her prior work, she also has a longstanding and positive relationship with the U.S. Attorney’s Office, the Attorney General’s Office, and the Department of Justice. Put Ashley D. Adam’s experience to work for you.
Contact us or call now (480) 219-1366 for a case evaluation.
The attorneys at Ashley D. Adams, PLC handle state criminal cases throughout Arizona including the cities of Phoenix, Scottsdale, Glendale, Mesa, Tempe, Ahwatukee, Maricopa, Gilbert, Peoria, Surprise, Goodyear, Litchfield Park, Avondale, Chandler, Casa Grande, Florence, Queen Creek, Deer Valley, North Pinal and Sun City as well as those living in and around Maricopa County, Pinal County, Pima County, Yuma County and Yavapai County.
The attorneys at Ashley D. Adams, PLC handle federal criminal cases throughout the United States, including Arizona, Oklahoma, Utah, and California.