Business and Commercial Fraud Crimes in AZ


BUSINESS AND COMMERCIAL FRAUD Crimes Castillo Law Phoenix AZBusiness and Commercial Fraud related crimes are heavily prosecuted here in Arizona. If you are arrested and/or charged with one of the following please contact us as soon as possible as you will need a skilled and experienced criminal defense attorney to defend your rights. Ms. Castillo is a Certified Criminal Law Specialist whom has successfully defended countless people accused of the following crimes. Our Managing Attorney Jonathan Goebel is a former Assistant Attorney General whom prosecuted White Collar Fraud and Political Corruption for the Arizona Attorney General’s Office. His inside knowledge can be the key to success in your case.

Various Business and Commercial Fraud Crimes in AZ:

Fraudulent schemes and artifices (ARS § 13-2310):

Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.
Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
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.
This statute makes the proceeding a Class 2 Felony offense which can be punishable by jail and/or prison time depending on the person’s criminal history.

Fraudulent schemes and practices; wilful concealment (ARS § 13-2311):

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.
This statute makes the proceeding a Class 5 Felony offense which can be punishable by jail and/or prison time depending on the person’s criminal history.

Illegal control of an enterprise; illegally conducting an enterprise (ARS § 13-2312):

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.
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.
A person violates this section if he hires, engages or uses a minor for any conduct preparatory to or in completion of any offense in this section.
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 and section 13-709.02, subsection B applies to the sentence imposed. A conviction for this offense can be punishable by jail and/or prison time depending on the person’s criminal history.

Deceptive business practices (ARS § 13-2202):

A person commits deceptive business practices if in the course of engaging in a business, occupation or profession such person recklessly:

  1. Uses or possesses for use a false weight or measure or any other device for falsely determining or recording any quality or quantity; or
  2. Sells, offers or exposes for sale or delivers less than the represented quantity of any commodity or service; or
  3. Takes or attempts to take more than the represented quantity of any goods or service when as buyer such person furnishes the weight or measure; or
  4. Sells, offers or exposes for sale adulterated goods or services; or
  5. Sells, offers or exposes for sale mislabeled goods or services.

Deceptive business practices is a class 1 misdemeanor. A conviction for this offense can be punishable by jail time depending on the person’s criminal history.

False advertising (ARS § 13-2203):

A person commits false advertising if, in connection with the promotion of the sale of property or services, such person recklessly causes to be made or makes a false or misleading statement in any advertisement.
False advertising is a class 1 misdemeanor. A conviction for this offense can be punishable by jail time depending on the person’s criminal history.

Defrauding secured creditors (ARS § 13-2204):

A person commits defrauding secured creditors if the person knowingly destroys, removes, conceals, encumbers, converts, sells, obtains, transfers, controls or otherwise deals with property subject to a security interest with the intent to hinder or prevent the enforcement of that interest. Defrauding secured creditors is a class 6 felony. A conviction for this offense can be punishable by jail and/or prison time depending on the person’s criminal history.

Defrauding judgment creditors; (ARS § 13-2205):

A person commits defrauding judgment creditors if such person secretes, assigns, conveys or otherwise disposes of his property with the intent to defraud a judgment creditor or to prevent that property from being subjected to payment of a judgment.
Defrauding judgment creditors is a class 6 felony. A conviction for this offense can be punishable by jail and/or prison time depending on the person’s criminal history.

Fraud in insolvency (ARS § 13-2206):

A person commits fraud in insolvency if, when proceedings have been or are about to be instituted for the appointment of a trustee, receiver or other person entitled to administer property for the benefit of creditors or when any other assignment, composition or liquidation for the benefit of creditors has been or is about to be made, such person:

  1. Destroys, removes, conceals, encumbers, transfers or otherwise harms or reduces the value of the property with intent to defeat or obstruct the operation of any law relating to the administration of property for the benefit of creditors; or
  2. Knowingly falsifies any writing or record relating to the property; or
  3. Knowingly misrepresents or refuses to disclose to a receiver or other person entitled to administer property for the benefit of creditors the existence, amount or location of the property or any other information which he could be legally required to furnish to such administration; or
  4. Obtains any substantial part of or interest in the debtor’s estate with intent to defraud any creditor.

Fraud in insolvency is a class 6 felony. A conviction for this offense can be punishable by jail and/or prison time depending on the person’s criminal history.

Receiving deposits in an insolvent financial institution (ARS § 13-2207):

A person commits receiving deposits in an insolvent financial institution if, as an officer, manager or other person participating in the direction of a financial institution, such person receives or permits the receipt of a deposit, premium payment or investment in the institution in excess of the amount insured by the federal deposit insurance corporation, the federal savings and loan insurance corporation or the national credit union administration knowing that the institution is insolvent.
It is a defense to prosecution under this section that the person making the deposit, premium payment or investment was fully informed of the financial condition of the institution.
Receiving deposits in an insolvent financial institution is a class 5 felony. A conviction for this offense can be punishable by jail and/or prison time depending on the person’s criminal history.

Usury (ARS § 13-2208):

A person commits usury by knowingly engaging in or directly or indirectly providing financing for the business of making loans at a higher rate of interest or consideration than authorized by law.
Usury is a class 1 misdemeanor. A conviction for this offense can be punishable by jail time depending on the person’s criminal history.

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