Understanding ARS Fraudulent Schemes: ARS 13-2310
Facing fraudulent schemes charges in Arizona can be overwhelming. The legal system can feel complex and intimidating. Lawyer Listed provides clear information on the specifics of the charge and the potential penalties, helping you navigate each step of the process.
This guide provides an in-depth examination of the Arizona fraudulent schemes law, offering detailed explanations of key legal terminology, sentencing frameworks, and the broader implications of the charge.
Remember, this information is for educational purposes only and is not a substitute for legal advice from an experienced Arizona white collar crimes attorney. If you are charged with fraudulent schemes, let Lawyer Listed match you with your ideal white collar crimes lawyer as soon as possible.
What Is Fraudulent Schemes in Arizona?
Arizona law defines fraudulent schemes as knowingly obtaining any benefit through a scheme or artifice designed to defraud someone else. A fraudulent scheme involves using false pretenses, misleading representations, broken promises, or material omissions to gain something of value. This Arizona white collar crime law covers situations where someone dishonestly obtains property or deprives another person of services they are entitled to receive.
Elements of Fraudulent Schemes
The crime of fraudulent schemes and artifices requires the State to prove each of the following elements beyond a reasonable doubt:
- Knowledge: You acted knowingly.
- False conduct: You used false or fraudulent pretenses, representations, promises, or material omissions.
- Scheme or artifice: You acted pursuant to a scheme or artifice (plan, device, or trick) to defraud.
- Intent: You intended the scheme or artifice to mislead another person to gain a benefit.
- Benefit: You obtained a benefit as a result of the scheme or artifice.
One important aspect of this law is that the victim’s reliance on the fraud is not an element of the crime. In other words, prosecutors are not required to prove that the victim believed your false statements or that they made decisions based on your deception.
Key Concepts of Fraudulent Schemes
General Terms
- Intentionally / With intent to: Acting with the objective of causing a specific result or engaging in particular conduct. In plain terms, you meant to do it.
- Knowingly: You are aware of your actions or the circumstances that make up the offense. It does not require that you know your conduct is illegal; you just need to be conscious of what you are doing or the situation you are in.
Terms of Fraudulent Schemes
- Scheme: A plan.
- Artifice: An evil or artful strategy.
- Benefit: Anything of current or future value.
- False or fraudulent pretense: The unauthorized use of an access device or the use of an access device to exceed authorized access.
Common Fraudulent Schemes
Arizona fraudulent schemes come in many forms. Common examples of conduct that prosecutors charge as fraudulent schemes include:
- Investment or Ponzi Schemes:
- How it works: A person convinces others to invest in a business or opportunity by making false promises of high returns, hiding risks, or misrepresenting how funds will be used.
- Why it qualifies: The “scheme” is the structured plan to deceive investors. The “benefit” is the money collected. Even if investors never actually lose money, the act of knowingly soliciting funds through false pretenses is enough.
- Example: Promising guaranteed profits from a fake tech startup, then using new investors’ money to pay earlier investors.
- Credit Card or Identity Theft:
- How it works: Using someone’s personal information or credit card without authorization to obtain goods, services, or cash advances.
- Why it qualifies: The scheme is the ongoing use of stolen or fabricated identity details. The benefit is the money or property obtained.
- Example: Opening credit accounts in another person’s name or using stolen card numbers to make purchases.
- Welfare or Public Benefits Fraud:
- How it works: Misrepresenting income, household size, or eligibility information to receive government benefits like food stamps, unemployment, or housing assistance.
- Why it qualifies: The scheme is the deliberate misrepresentation to a government agency. The benefit is the financial assistance or services obtained.
- Example: Failing to report employment income while continuing to collect unemployment benefits.
- Real Estate or Mortgage Fraud:
- How it works: Misleading buyers, lenders, or sellers in property transactions such as falsifying loan applications, inflating property values, or selling property without clear title.
- Why it qualifies: The scheme is the structured deception in the real estate process. The benefit is money from loans, sales, or commissions obtained through false information.
- Example: Submitting fake income documents to qualify for a mortgage or selling property you do not legally own.
Each of these acts falls under the broad umbrella of Arizona fraudulent schemes. While this is not an exhaustive list, it does demonstrate the expansive scope of ARS 13-2310.
Arizona Statute of Limitations for Fraudulent Schemes
The statute of limitations is the deadline for prosecutors to file criminal charges after an alleged offense. As a felony offense, prosecutors have up to seven years from the date of the alleged offense to bring fraudulent schemes charges.
Sentencing for Fraudulent schemes
The penalties for fraudulent schemes in Arizona are substantial and can have long‑lasting consequences, with sentences varying significantly based on your prior criminal history and the circumstances surrounding the crime. Understanding these potential consequences is essential to making informed decisions about your defense strategy.
The following table provides an overview of the potential sentences for fraudulent schemes:
| Offense | Charge | Prison | Probation (max) |
|---|---|---|---|
| Fraudulent schemes | Class 2 felony | 3 – 12.5 years | 7 years |
Frequently Asked Questions (FAQs)
Don’t worry if this seems overwhelming; Lawyer Listed has already done the work for you and is ready to match you with an elite lawyer tailored to your needs and your case.
Key Takeaways:
- Definition: ARS 13-2310 defines fraudulent schemes as knowingly obtaining any benefit through deception. This includes using false pretenses, misleading representations, broken promises, or material omissions. The law is intentionally broad and covers a wide range of conduct that involves dishonesty for personal gain.
- Elements of fraudulent schemes: The State must prove beyond a reasonable doubt that: 1) you acted knowingly; 2) you used lies, false promises, or omitted important facts; 3) you carried out a plan or scheme designed to cheat someone; 4) you intended to mislead to gain a benefit; and 5) you actually obtained a benefit.
- Sentencing:
- Fraudulent schemes is classified as a Class 2 felony with a potential prison sentence ranging from 3 to 12.5 years and/or up to 7 years of probation.
- If convicted of fraudulent schemes involving $100,000 or more, or the manufacture, sale, or marketing of opioids, you must serve the full prison term with no probation, suspension, pardon, or early release.
- Statute of limitations: The statute of limitations for fraudulent schemes is seven years from the date of the offense.
Next Steps:
Fraudulent schemes in Arizona is a serious criminal allegation with consequences that can affect the rest of your life. Outcomes depend on many factors. Lawyer Listed meets you where you are and helps you understand the law and your rights.
If you’re facing ARS fraudulent schemes charges, engaging a skilled white collar crimes attorney is important to protect your rights and manage the process. Don’t try navigating the legal system alone; match with your ideal lawyer at LawyerListed.com and get an experienced criminal defense attorney on your side right away.