Arizona White Collar Crime Defense Attorney

For example, the Association of Certified Fraud Examiners (ACFE) published its 2024 Report to the Nations about a common form of white-collar crime – employee fraud and embezzlement perpetrated by people against their companies. Among U.S. and Canadian companies that suffered losses caused by fraud in 2023, ACFE found that only 16% recovered all losses, while 59% recovered nothing. Employees who committed internal fraud against employers stole an average of $61,000, but those in executive roles stole an average of $300,000 through fraudulent schemes. 

Multiple offenses in Arizona fall under the white-collar crime category. The penalties vary based on the offense’s severity and the loss amount. Here is some information about common white-collar crimes in Arizona that may be prosecuted under state law: 

• Embezzlement, ARS 13-1802 – Embezzlement occurs when an individual misappropriates funds entrusted to them, which often occurs in the workplace through various schemes or within public agencies by officials. Employees or government officials might divert funds for personal use through financial record manipulation, the creation of fraudulent records, and other schemes. Embezzlement often involves the theft of tens of thousands of dollars. The embezzlement of more than $25,000 in Arizona is a Class 2 felony.
• Theft by Extortion, ARS 13-1804 – A person commits extortion when they use threats or coercion to obtain property or money. Arizona considers theft by extortion a form of theft that can be a white-collar offense when committed by those in positions of authority. Theft by extortion as a non-violent, white-collar crime is a Class 4 felony in Arizona.
• Misappropriation of Charter School Monies, ARS 13-1818 – While not as common as some other white-collar offenses in Arizona, misappropriation of charter school money can be charged when a public official misappropriates funds earmarked for use by charter schools. Misappropriation of charter school money is a Class 4 felony unless the amount is more than $25,000, which makes it a Class 2 felony.
• Theft of Trade Secrets, ARS 13-1820 – You can be charged with theft of trade secrets in Arizona if you transit, take, convey, exhibit, use, alter, destroy, or conceal a company’s trade secrets, which include formulas, patterns, information, programs, compilations, and other secrets that a company owns and have independent monetary value. Theft of trade secrets is a Class 5 felony.
• Forgery, ARS 13-2002 – A person can be charged with forgery when they alter, create or otherwise use a fraudulent document to commit fraud. This might include falsifying another person’s signature on contracts, checks, or identification documents. This crime is prosecuted as a Class 4 felony.
• Identity Theft, ARS 13-2008 – You can be charged with identity theft if you illegally use someone else’s personal identifying information (PII) or financial information without consent for financial gain. Identity theft is prosecuted as a Class 4 felony in Arizona.
• Credit Card Theft, ARS 13-2102 – Credit card theft involves stealing the credit card information of another individual and using it to make purchases without consent. It can also be charged when an individual steals credit card information and sells it to others. This offense is a Class 5 felony.
• Bankruptcy Fraud, ARS 13-2206 – Bankruptcy fraud or fraud in insolvency involves providing false information to the bankruptcy court or taking steps to conceal property to prevent its inclusion in the bankruptcy estate. It is prosecuted as a Class 6 felony in Arizona but is commonly prosecuted in federal court under federal criminal laws.
• Fraudulent Schemes, ARS 13-2310 – Fraudulent schemes involve plans to defraud others for financial gain and include things like insurance fraud, Medicare fraud, Medicaid fraud, AHCCCS fraud, and SNAP fraud in Arizona. Fraud schemes range in size, complexity, and the number of defrauded victims. A conviction of fraud schemes in Arizona is a Class 2 felony.
• Money Laundering, ARS 13-2317 – Money laundering can be charged if you conceal the origins of ill-gotten money through a series of complex transactions to make the funds appear legitimate. This offense can be charged in the first, second, or third degree. First-degree money laundering is a Class 2 felony, second-degree money laundering is a Class 3 felony, and third-degree money laundering is a Class 6 felony. In many cases, money laundering will be prosecuted in federal court as well.
• Bribery of a Public Official, ARS 13-2602 – You can be charged with bribery of a public official if you corruptly offer a benefit to a public official in exchange for their vote or influence over a public matter to benefit you or your company. A conviction of this offense is a Class 4 felony.

White-collar penalties vary based on the severity of the offense. As seen above, white-collar offenders can be charged from Class 6 to Class 2 felonies in Arizona. A few white-collar crimes in the state might be charged as Class 1 misdemeanors, but that is less common. 

To understand the potential penalties, refer to the table below for convictions at different severity levels: 

It’s important to note that those convicted will likely be ordered to pay criminal restitution for any illegal gains, which can be tens of thousands of dollars based on the total amount taken. Offenders might also have their property seized and forfeit it to the government, be ordered to serve probation following incarceration, and other penalties. 

Sentences can also be aggravated for more serious offenses, which adds more time to the maximum presumptive sentence at each level. Finally, those with prior offenses will face significantly longer sentences.

Many white-collar crimes can be prosecuted in both state and federal court. In general, the federal government will have jurisdiction if the offense occurred across state lines (including crimes committed online), involved a federal agency, occurred on federal land, or violated a federal criminal statute and was particularly severe. 

Factors that may lead to federal prosecution include: 

•   Crimes involving interstate commerce.
•   Offenses occurring on federal property.
•   Violations of federal statutes.
•   Significant amounts of money or numerous victims across state lines.

 State prosecutors will pursue prosecution of offenses committed within the state that violated Arizona law. In some cases, both the state and federal governments may prosecute white-collar crimes.

An experienced white collar defense attorney at Guardian Law Group will carefully review the evidence to identify areas of weakness in the prosecution’s case and the best defensive strategies to take. White-collar crimes are sometimes called “big paper” cases because of the sheer volume of documents the government might use to prosecute the defendant. 

Some common defenses that might be used to defend against a white-collar crime include:

 Negotiating with the prosecutor to try to prevent charges (might be available in cases in which the defendant learns they are under investigation but haven’t yet been charged) in exchange for private restitution.

• Proving the defendant’s lack of intent since many white-collar crimes require the prosecutor to prove specific intent to commit the offense.
• Raising entrapment by investigators or law enforcement officials as a defense.
• Unconstitutional searches and seizures.
• Coercive questioning during interrogations.
• Failure to properly Mirandize the defendant before a custodial interrogation.
• Demonstrating the charges are beyond the statute of limitations for the offense.
• Showing the wrong person was charged.

 Your high-profile defense attorney at Guardian Law Group will explain the best defense strategies available and help you weigh your legal options when you are being investigated for or have been charged with a white-collar crime.

We understand that this is a stressful time filled with uncertainty about your future. It’s important to remember that you don’t have to face this battle alone. We’re here to offer not just legal expertise but also support and reassurance when you need it most.

If you are facing white-collar criminal charges or have learned you are the subject of an investigation for this type of offense, you should contact a white collar defense attorney at Guardian Law Group immediately.

Attorney Christian Lueders knows how intimidating the legal system can be. With his background as a former felony prosecutor, he has the experience and insight to build a strong defense on your behalf. Christian and our dedicated team will take the time to listen to your story, answer your questions, and develop a personalized strategy aimed at achieving the best possible outcome. We’re committed to protecting your rights and fighting tirelessly for your freedom.

You deserve an advocate who believes in you and is prepared to stand by your side every step of the way. Let us help ease your burden and guide you through this challenging time. Reach out to Guardian Law Group today for a confidential consultation. Together, we’ll work toward securing your future and giving you peace of mind.