What is An Affirmative Defense? Arizona Criminal Law

An affirmative defense is a defense in which the defendant argues that he or she is not criminally culpable even if the defendant committed the alleged criminal acts. When responding to the prosecution's criminal charges, the defendant would assert an affirmative defense and introduce evidence,...

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What is an Illegal Kickback?

A kickback is a payment made with the intent of influencing an action or gaining something in return. What is an Illegal Kickback? An illegal kickback refers to "a misappropriation of funds that enriches a person of power or influence who uses the power or influence to...

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How Are Shell Companies Used in Fraud Schemes?

A shell company is a business entity that has no significant assets, no ongoing business activities, offers no products or services, and typically has no employees and no physical presence other than a mailing address. Shell companies may be formed for the purpose of carrying...

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Securities Fraud in Arizona

The Arizona Corporation Commission (ACC) is the government agency tasked with "protecting Arizona citizens by enforcing an ethical securities marketplace." The Mission of the ACC's Security Division states: "The Securities Division strives to preserve the integrity of the financial marketplace through investigative actions as well...

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What is Theft of Trade Secrets?

A trade secret can be generally understood as a secret technique or device used by a company in the manufacturing of its products. Specifically, the Uniform Trade Secrets Act defines a "trade secret" as: "information, including a formula, pattern, compilation, program, device, method, technique, or process,...

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Price Gouging is a White Collar Crime

"Price gouging" refers to sellers who raise the price of goods, services, or commodities, to an unreasonable or unfair level – particularly during an emergency or after a natural disaster. No Federal Price Gouging Laws Currently there are no federal laws that directly address price gouging, though...

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