Fraudulent Schemes and Illegal Enterprise Crimes

Fraudulent Schemes and Illegal Enterprise Crimes in Arizona have serious consequences. If convicted you could face lengthy probation, large fines, jail or depending on the type of charge and person’s criminal history, even prison. The attorneys and staff at the AZ Defenders have over 100 years of combined legal experience. Our Phoenix criminal defense attorneys include former state, county, and city prosecutors who have successfully represented hundreds of people accused of various Fraudulent Schemes and Illegal Enterprise Crimes.

Fraudulent Schemes and Artifices

Many different crimes can be considered a fraudulent scheme in the United States. Some of these crimes include business fraud, identity theft, credit card fraud, selling counterfeit drugs, and more, according to information from the FBI.

In Arizona, any person who knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a Class 2 Felony.

A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.

The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment (13-1801(B): In determining the classification of the offense, the state may aggregate in the indictment or information amounts taken in thefts committed pursuant to one scheme or course of conduct, whether the amounts were taken from one or several persons).

As used in this section, “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.

Fraudulent Schemes and Practices; Willful Concealment

(Per Arizona Revised Statute § 13-2311)

This is a Class 5 Felony offense.

Notwithstanding any provision of the law to the contrary, in any matter related to the business conducted by any department or agency of this state or any political subdivision thereof, any person who, pursuant to a scheme or artifice to defraud or deceive, knowingly falsifies, conceals or covers up a material fact by any trick, scheme or device or makes or uses any false writing or document knowing such writing or document contains any false, fictitious or fraudulent statement or entry is guilty of a Class 5 Felony.

For the purposes of this section, “agency” includes a public agency as defined by section 38-502, paragraph 6.

Illegal Control of an Enterprise; Illegally Conducting an Enterprise

(Per Arizona Revised Statute § 13-2312)

  1. A person commits illegal control of an enterprise if such person, through racketeering or its proceeds, acquires or maintains, by investment or otherwise, control of any enterprise.
  2. A person commits illegally conducting an enterprise if such person is employed by or associated with any enterprise and conducts such enterprise’s affairs through racketeering or participates directly or indirectly in the conduct of any enterprise that the person knows is being conducted through racketeering.
  3. A person violates this section if he hires, engages or uses a minor for any conduct preparatory to or in the completion of any offense in this section.
  4. A knowing violation of subsection A or B of this section is a Class 3 Felony. A knowing violation of subsection C of this section is a Class 2 Felony.

Defenses to Fraudulent Schemes and Illegal Enterprise Crimes

(Per Arizona Revised Statute § 13-2310 through 13-2312)

The attorneys at the AZ Defenders pride themselves in finding any and all weaknesses to the prosecution’s case and utilizing the absolute best possible legal defenses to each and every one of our clients’ charges to ensure them the absolute best outcome. Over the years, our attorneys have successfully utilized the following defenses to Fraudulent Schemes and Illegal Enterprise Crimes (Per Arizona Revised Statute § 13-2310 through 13-2312):

  • No proof of intent or the applicable requisite mental state to be found guilty.
  • Suppression of evidence due to fourth, fifth, and/or sixth amendment violations by the government (including illegal searches, illegally forced confessions, right-to-counsel violations, and Miranda violations).
  • Restitution agreements, where our attorney can negotiate a reduction of the charges in exchange for the payment of restitution funds.

Contact AZ Defenders Today

Fraudulent Schemes and Illegal Enterprise charges can result in catastrophic consequences for your professional life, reputation, and business. You need an experienced lawyer on your side that will aggressively fight for your rights, both in and out of the courtroom. If you have been accused of any of these crimes, contact our Phoenix defense attorneys at AZ Defenders for a free case evaluation.

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