Fraudulent Schemes FAQS

Fraudulent schemes is a crime punishing those who obtain any benefit by successfully engaging in any type of scam involving false or fraudulent statements, representations, promises or material omissions.

While A.R.S. § 13-2310 criminalizes fraudulent schemes and artifices, the Arizona Revised Statutes does not provide a definition of what constitutes a fraudulent scheme or artifice. However, as an experienced theft crimes attorney, we’ve seen individuals charged with this crime for participating in the following acts:

• Identity theft,
• Credit card fraud,
• Printing counterfeit money,
• Wire fraud,
• Debt-elimination schemes,
• Welfare fraud,
• Selling counterfeit goods,
• Bank fraud, and
• Mortgage fraud.

Of course, Arizona law has separate laws for some of these offenses. Thus, in essence, fraudulent schemes is a broadly-phrased, catch-all crime prosecutors use when a defendant’s conduct doesn’t fall under another criminal offense.

Yes, A.R.S. 13-2310 subsection (E) specifically mentions that the crime applies to those situations in which someone deprives a person of the intangible right of honest services. For example, you could be charged with fraudulent schemes if you promise to pay a contractor to perform work on your home with no intention of ever paying them.

Fraudulent schemes is a class 2 felony in Arizona. And under A.R.S. 13-702, a class 2 felony conviction carries a presumptive sentence of five years in jail if this is your first felony conviction. However, depending on the presence of any mitigating or aggravating factors, a sentence of anywhere between 3 to 12.5 years in jail is possible. If you have a prior felony conviction, however, the sentencing range increases substantially to 4.5 to 23 years in jail.

Additionally, if the value of the benefit you received was $100,000 or more, you will not be eligible for a suspended sentence, probation, pardon or any other form of release until you’ve served the entire sentence. And when it comes to the value of the benefit obtained through a fraudulent scheme, prosecutors are able to add amounts obtained from multiple victims together

If you were recently arrested and charged with fraudulent schemes and artifices or any other financial crime, reviewing these fraudulent schemes FAQs may provide you with some peace of mind, but it is imperative that you contact an experienced Phoenix criminal defense attorney as soon as possible. At the Law Office of James E. Novak, we take pride in standing up for the rights and freedoms of good people who find themselves in bad situations. We recognize that the line between legal and illegal is a blurry one, and we have seen countless cases where an honest person ends up in hot water over a few misunderstandings. We’re passionate about our work, and we look forward to meeting with you to discuss what we can do to help you put your arrest behind you. To learn more, and to schedule a free consultation today, call (480) 413-1499 or connect with us through our online contact form.