Phoenix Fraud Lawyer

Q: What is Considered Fraud?

Fraud is a crime involving intentional deception to achieve unlawful gain, often through false statements, concealment, or other fraudulent schemes. It is considered a felony and is categorized as a white-collar crime due to its non-violent nature and typical involvement in business or financial settings. Common types of fraud include identity theft, credit card fraud, check fraud, and securities fraud, all of which aim to unlawfully acquire property or money.

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Experienced Fraud Defense Attorney in Phoenix, AZ

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If you are facing a fraud charge in Phoenix or any of the surrounding Central AZ areas, having a skilled Phoenix fraud lawyer on your side can be the difference between your freedom and decades behind bars. Fortunately, the skilled criminal attorneys here at Belén Law Firm aggressively defend clients against numerous types of fraud cases. With extensive experience and a deep understanding of Arizona law and the justice system as a whole, our Phoenix attorneys provide a strong defense for those falsely accused and other various circumstances.

Don’t leave your future to chance— contact Belén Law Firm at (602) 715-0908 or reach out online today to ensure your rights are protected and the best possible result is achieved.

What is Considered Fraud?

Fraud is a crime involving intentional deception to achieve unlawful gain, often through false statements, concealment, or other fraudulent schemes. It is considered a felony and is categorized as a white-collar crime due to its non-violent nature and typical involvement in business or financial settings. Common types of fraud include identity theft, credit card fraud, check fraud, and securities fraud, all of which aim to unlawfully acquire property or money.

If you are accused of fraud, a Phoenix white-collar crime attorney can provide the necessary legal guidance and defense strategies to protect your rights. An experienced attorney understands the challenges of fraud cases and can challenge evidence, negotiate with prosecutors, and aim for reduced charges or dismissal.

ARS 13-2310

Arizona Revised Statute § 13-2310 defines and addresses the crime of fraudulent schemes and artifices. Under this law, it is illegal for any person to knowingly obtain any benefit using a scheme or artifice to defraud or by false or fraudulent pretenses, representations, promises, or material omissions. This statute covers a wide range of deceptive practices aimed at unlawfully gaining financial or other benefits.

Violating ARS § 13-2310 is a serious offense, classified as a class 2 felony, and can result in severe penalties, including substantial fines and imprisonment.

Common Types of Fraud Charges

There are a number of deceptive practices that may be used to illegally obtain financial gain. Common examples include identity theft, credit card fraud, insurance fraud, tax evasion, and securities fraud. Investigations into these crimes often reveal intricate schemes with significant amounts of money involved.

Specific types of fraud, such as money laundering, insider trading, and forgery, are particularly serious due to their sophisticated nature and the substantial financial impact they can have on victims and the economy.

Tax Fraud

Tax fraud, or tax evasion, is the illegal act of deliberately falsifying information on tax returns to avoid paying the correct amount of taxes owed. This crime involves knowingly underreporting income, inflating deductions, or hiding money in offshore accounts to deceive the government.

Tax fraud cases are often prosecuted in federal court, and the person found guilty can face significant penalties, including hefty fines and long terms of imprisonment.

Mail Fraud

Mail fraud involves using the U.S. postal system with the intent to defraud others of money or property. This crime includes consciously sending false information or misleading communications through the mail to deceive recipients.

Because of the involvement of a federal government agency, mail fraud is also considered a federal offense that can include harsh legal penalties. If you’ve been charged with mail fraud or any other federal crime, federal criminal defense attorney Belén Olmedo Guerra is equipped to help you fight these serious charges.

Insurance Fraud

A person commits insurance fraud when they intentionally deceive an insurance company to obtain unauthorized benefits or payouts. This can include acts of misrepresentation, such as exaggerating claims, staging accidents, or providing false information during the application process.

Individuals committing insurance fraud aim to secure money or services they are not entitled to, which can lead to severe legal and financial consequences. To be convicted of insurance fraud, however, the person must have done so with full knowledge of their deceitful actions.

Wire Fraud

Wire fraud is a type of cyber crime that involves deceiving others for financial gain using electronic communications, such as phone calls, emails, or the Internet. This offense requires the use of interstate or international wires to execute the fraudulent scheme, which also makes it a serious federal crime that can result in substantial fines and lengthy prison sentences.

Medicaid Fraud

Medicaid fraud is similar to insurance fraud in that it requires individuals or healthcare providers to knowingly deceive the Medicaid program in order to receive unauthorized benefits.

Individuals might commit this type of fraud by providing false information on applications to qualify for benefits they are not eligible for. Healthcare providers can commit Medicaid fraud by submitting false claims for services not provided, overbilling for services, or billing for unnecessary treatments.

Bank Fraud

Committing bank fraud involves executing a scheme to obtain money, assets, or other property under the control of a bank through false pretenses or representations. This crime can include activities such as check fraud, mortgage loan fraud, or phishing schemes.

Healthcare Fraud

Healthcare fraud occurs when healthcare providers or individuals knowingly execute schemes to deceive healthcare programs to obtain illicit financial gains.

Healthcare providers can commit fraud by billing for services not provided, falsifying patient diagnoses to justify unnecessary treatments, or accepting kickbacks for patient referrals. Individuals can commit healthcare fraud by using someone else’s insurance information, providing false information on applications, or selling prescription medications obtained through deceitful means.

Securities Fraud

Securities fraud implies deceptive practices in the stock or commodities markets to manipulate investors and gain unfair advantages. This can include actions such as insider trading, misrepresenting a company’s financial health, or engaging in Ponzi schemes.

Credit Card Fraud

Committing credit card fraud involves the unauthorized use of someone else’s credit card information to acquire money, goods, or services. This can include activities such as stealing physical credit cards, skimming card information, or using phishing schemes to acquire card details.

Corporate Fraud

Corporate fraud refers to illegal activities attempted by an individual or company to deceive or manipulate financial statements, reports, or transactions for personal or corporate gain. This may involve falsifying records, embezzling funds, insider trading, or misrepresenting a company’s financial health to investors, regulators, or the public.

Is Fraud Charged at the State or Federal Level?

Fraud can be charged at both the state and federal levels, depending on the nature and scope of the offense.

Government agencies, including state and federal bodies, will conduct thorough investigations to gather evidence of fraudulent activities. These investigations involve collaboration with lawyers and legal experts to ensure that all aspects of the case are carefully examined.

A prosecutor, representing either state or federal interests, then presents the evidence in court to establish the occurrence of fraud. The specific jurisdiction often depends on factors such as the amount of money involved, the number of victims, and whether the fraudulent activities crossed state lines.

What are the Penalties for Fraud in Arizona?

Being arrested for fraud in Arizona is a serious matter, with significant penalties at stake. Under ARS § 13-2310, those who devise schemes to defraud or obtain benefits through false pretenses, representations, or promises can face harsh criminal penalties, including hefty fines, restitution, and imprisonment.

The crime of fraud is often charged as a Class 2 felony in Arizona, with potential prison sentences of up to 12.5 years for first-time offenders. If the accused has historical priors, the sentence range can increase significantly.

Aside from the immediate criminal penalties, a conviction for fraud can follow you around for the rest of your life, affecting both personal and professional endeavors. Given the severity of these consequences, having a skilled Phoenix criminal defense lawyer by your side is of the utmost importance. An experienced legal professional can mount an aggressive defense on your behalf, challenging the evidence the state may have against you and protecting your legal rights throughout the process.

Why You Need an Experienced Criminal Fraud Lawyer

We understand that facing fraud charges can be overwhelming, especially with the potential for severe consequences hanging over your head. In these situations, obtaining legal help from an experienced criminal fraud lawyer is essential.

A knowledgeable attorney can thoroughly investigate the charges, identify weaknesses in the prosecution’s case, and develop a strong defense strategy tailored to your specific circumstances. Their services are crucial in defending against false accusations, negotiating with prosecutors for reduced charges, or exploring alternative sentencing options.

When you equip yourself with skilled legal representation, you have the best chance at achieving a successful outcome in your case.

Call the Phoenix Fraud Attorneys at Belén Law Firm For a Free Consultation Today

If you are facing criminal charges in Maricopa County, Arizona or the surrounding regions, protecting your rights with a strong defense is essential. Our Phoenix fraud attorneys at Belén Law Firm are dedicated to fighting for you and ensuring the best results for your case.

We are happy to provide potential clients with a free case evaluation to discuss their unique situation and explore their legal options. To set up your free consultation today, call (602) 715-0908 or contact us online and take the first steps toward protecting your future.

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