Phoenix Fraudulent Schemes Defense Attorney

Fraudulent Schemes and Artifices (A.R.S. § 13-2310) Explained

Many make the mistake of believing that Fraudulent Schemes Artifices charges are less serious than other crimes because they don’t involve violence or injury to others.  In fact, these types of crimes are some of the highest-level felony offenses in Arizona.

Under Arizona law, pursuant to A.R.S. § 13-2310 it is illegal to:

• Pursuant to a scheme or artifice to defraud, knowingly obtain any benefit by means of false or fraudulent pretenses, representations, promises or material omissions.

Put simply, the laws for fraudulent schemes in Arizona state that it is unlawful for anyone to gain any money, property, or other benefit by means of fraud.

Consequences for Fraudulent Schemes and Artifices

Under Arizona law, pursuant to A.R.S. § 13-2310, if convicted of Fraudulent Schemes and Artifices, you are:

• Guilty of a class 2 felony.

A class 2 felony is punishable by:

• Three to Twelve and a Half years in prison;
• Up to $150,000 fine plus surcharges;
• Seven years of probation.

For any offense that involves over $100,000 in money or property value, prison is mandatory.

Statutes commonly charged alongside A.R.S. § 13-2310

Fraudulent schemes charges in Arizona rarely come alone. Prosecutors routinely stack multiple charges when financial fraud is alleged, each carrying independent penalties. The Phoenix fraudulent schemes defense attorneys at Feldman Royle Ahl defend all of the following companion charges:

A.R.S. § 13-2310(A) — Fraudulent schemes and artifices. The primary charge. A Class 2 felony requiring proof of a scheme, knowing participation, and obtaining a benefit through false pretenses or material omissions.

A.R.S. § 13-2311 — Fraudulent schemes and practices; wilful concealment. A related statute covering fraud involving state agencies and political subdivisions. Unlike § 13-2310, this statute is a Class 5 felony and applies specifically when someone falsifies, conceals, or covers up a material fact in any matter related to government business. It is frequently charged alongside § 13-2310 when the alleged fraud touches a government contract, benefit program, or agency.

A.R.S. § 13-2312 — Illegal control of an enterprise. Arizona’s state racketeering analog. When a pattern of fraud is alleged across multiple transactions or victims, prosecutors often add this charge on top of § 13-2310. A knowing violation is a Class 3 felony carrying 2 to 8.75 years in prison, separate from the Class 2 felony exposure under § 13-2310.

A.R.S. § 13-2314 — Racketeering civil remedies by the state. When the Attorney General determines that racketeering activity has occurred, including through a pattern of fraudulent schemes, the state may pursue civil remedies, including disgorgement of proceeds. This can run parallel to criminal prosecution under § 13-2310.

A.R.S. § 13-2317 — Money laundering. Prosecutors frequently add money laundering charges when financial transactions are alleged to have been used to conceal or move proceeds of a fraudulent scheme. See our Phoenix money laundering defense page.

A.R.S. § 13-1003 and § 13-1004 — Conspiracy and facilitation. When multiple people are involved, prosecutors frequently charge every participant, including those who played minor roles, under the conspiracy or facilitation statutes.

If you are facing any combination of the above charges, contact Feldman Royle Ahl at (602) 899-8000. The more charges stacked, the more critical it is to have an attorney who understands how to attack each count individually and how they interact at sentencing.

Penalties for Fraudulent Schemes and Artifices in Phoenix, AZ

1. Collateral Consequences

In addition to any penalties you may face from the courts after an Arizona Fraudulent Schemes Artifices charge, there are other penalties that many people face. Arizona Fraudulent Schemes Artifices charges have substantial collateral consequences because they are known as a “crime involving moral turpitude (CIMT).” This legal categorization means that the crime is generally considered depraved or immoral. A conviction for a CIMT offense can have consequences even greater than those some suffer through the criminal court system. Other penalties for theft pursuant to a collateral theory include:

2. Professional Licenses

Doctors, lawyers, accountants, those licensed to sell securities, insurance and annuities will have to report any conviction of a theft crime. Some licenses even require that the professional report having been charged with the crime, even if the crime is later dismissed. Because the crime is a CIMT, many professionals are required to report to licensing boards, charges and convictions for crimes that constitute legally immoral behavior.

3. Immigration

As discussed above, Fraudulent Schemes Artifices crimes carry a CIMT distinction and create problems in immigration. It may be a deportable offense depending on the applicant, the time frame and the exact crime for which you are found guilty.

4. Employment Background Checks

Many major corporations, including major retailers, won’t even let you operate a cash register if you’ve been convicted of a Fraudulent Schemes Artifices crime.

5. Security Clearance

Government clearance needed for certain government positions as well as employers that contract work with the state and federal agencies generally require a crime-free background.

6. DPS Fingerprint Clearance Card

A Fraudulent Schemes Artifices conviction can result in the suspension of your DPS fingerprint card. However, a good cause exception may be available.

7. Housing and Loans

Many lenders are unwilling to lend to those convicted of certain fraud crimes. A conviction for felony Fraudulent Schemes Artifices will normally have to be reported on a mortgage application, student loan affidavit and all Small Business Association loans which will normally result in denial of the application for the prescribed period.

If prosecutors believe financial transactions were designed to disguise the source of funds, the case may expand into a Phoenix money laundering defense matter as well.

If you are facing any of the above issues, it is essential to act decisively and seek expert legal counsel immediately. Our Phoenix defense lawyers for fraud schemes will launch a thorough investigation, scrutinize every piece of evidence for weaknesses, and develop a strategic defense tailored to the specifics of your case, whether it involves wire fraud, bank fraud, tax fraud, or healthcare fraud. Our goal is to protect your future by tirelessly working to get the charges reduced, dismissed, or to secure a favorable verdict at trial.

Defenses to Fraudulent Schemes and Artifices

There are many ways to defend a charge of Fraudulent Schemes and Artifices. 

Examples of Defenses to Fraudulent Schemes – 

1. It can be shown that there was never any fraud; it was simply a legitimate business deal that went bad. 
2. Or, the alleged victim may have consented to give the money of their own will and is only now claiming fraud because of other circumstances that have arisen. 

Whatever the defense, it is important to have an experienced and trusted Fraud scheme lawyer specializing in such cases in Phoenix, Arizona to investigate all aspects of the government’s case and not just accept the first plea deal that is offered. 

Defenses to Fraud Scheme Cases – 

• Interviewing the government’s witnesses, 
• Hiring financial accounting experts, and 
• Making sure the government follows the myriad rules they are required to adhere to, but often cut corners on.

Common Types of Arizona Fraudulent Schemes, Artifices, Offenses

Arizona Fraudulent Schemes and Artifices cases can take many different forms. The most common forms include:

1. Construction Fraud

This includes disputes over what a customer thinks should have been done versus what the contract says.

2. Insurance Fraud

Insurance companies often try and dispute what benefits they think their insureds are entitled to.

3. Employment Fraud

This occurs when employers accuse employees of stealing from them over a course of time.

4. General Fraud

A customer accuses someone of lying about products and services that they offer in order to scheme people out of money.

How to Hire a Fraud Schemes Defense Lawyer in Arizona?

As experienced fraud scheme attorneys in Phoenix, Arizona, we represent individuals charged with Fraudulent Schemes and Artifices throughout Arizona. Our lawyers understand the different circumstances and defenses associated with each case. While many people charged with Fraudulent Schemes and Artifices believe they will be convicted simply by virtue of the large amount of documentation against them, they forget that the government must prove things like intent to steal beyond a reasonable doubt, something that can be very difficult to do.

Why Choose Us as Your Fraudulent Defense Lawyers?

• Our Fraudulent defense lawyers carefully examine the details of your case, protect your rights, and clarify the legal process. 
• We work to build a robust defense, which might involve showing legitimate explanations for financial activities that may have been misunderstood or challenging the evidence presented by the prosecution. 
• Our goal is to achieve the best possible outcome for you, aiming to prevent or reduce significant penalties like prison time and substantial fines, and to safeguard your reputation and future.

At Feldman Royle Ahl, our Arizona fraudulent schemes defense attorneys have successfully defended those charged with Fraudulent Schemes and Artifices in plea negotiations and at trial. Consult our defense lawyers at no cost and in confidence to learn how your charges can be dismissed, reduced, or amended.

Fraud cases that involve stacked state charges, federal charges, or both are won or lost on strategy, not just facts. Here’s what sets our defense apart.

• We’ve prosecuted these cases, not just defended them. The attorneys at Feldman Royle Ahl have worked financial crime cases from the state’s side, including alongside the FBI, IRS, and DEA on investigations. That experience means we know how prosecutors build a fraud case, which counts are negotiable, and where the evidence is weakest, because we’ve built those cases ourselves.
• We handle state and federal court simultaneously. When a fraudulent schemes case under A.R.S. § 13-2310 draws federal attention under the wire, mail, or bank fraud statutes, you need one defense team coordinating both fronts, not two separate lawyers working from two separate playbooks. We represent clients in Maricopa County Superior Court and the U.S. District Court for the District of Arizona at the same time, so nothing falls through the gap between systems.
• We attack every count individually. Prosecutors stack charges- racketeering, money laundering, conspiracy, facilitation- alongside the primary fraud count, because more charges mean more leverage in plea negotiations. We take the opposite approach: breaking down each count separately to find its individual weaknesses, rather than treating the indictment as one inseparable block.
• We start before charges are filed. Many fraud cases begin as investigations, not arrests. Getting counsel involved early, before you make a statement or hand over documents, often determines whether charges are filed at all.

If you’re facing fraudulent schemes charges, federal fraud charges, or both, contact Feldman Royle Ahl at (602) 899-8000 for a free, confidential consultation.