Fraudulent Schemes FAQS

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.

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