Fraudulent Schemes Under ARS 13-2310 in Arizona

According to this Arizona Revised Statute, an individual is guilty of a Class 2 felony if they knowingly obtain any benefit by means of false or fraudulent pretenses, representations, promises, or material omissions.

Elements of Fraudulent Schemes

For the state of Arizona to prove a fraudulent scheme under § 13-2310, the following must be demonstrated:

• Intent to Defraud: The individual knowingly participated in a scheme or artifice to deprive another person of their property or right of honest services.
• False Representations: The defendant used false or fraudulent pretenses or promises to achieve their goals.
• Benefit Obtained: The accused received a tangible or intangible benefit as a result of the fraudulent activity.

Promises or Material Omissions

Fraudulent schemes often include material omissions or promises, which are deceptive by nature. For example, a scam involving falsified financial documents can be used to manipulate victims into trusting the offender.

Examples of Fraudulent Schemes

The law applies broadly to various forms of deceit, including:

• Identity Theft: Using personal information to gain financial benefits fraudulently.
• Insurance Fraud: Falsifying claims to receive payouts.
• Real Estate Fraud: Misrepresenting property details for financial gain.
• Scams Involving False Pretenses: Utilizing deceptive methods to coerce victims into providing money or assets.

These examples show how fraudulent schemes in Arizona often involve complex financial operations but can also include straightforward deceptive practices.

Fraudulent schemes are classified as a Class 2 felony, one of the most serious crimes under Arizona law. The penalties imposed by the court depend on factors like the amount of money involved, the number of victims, and whether aggravating factors are present.

Sentencing Guidelines

• Prison Time:
• First-time offenders face a potential sentence of 3 to 12.5 years in prison.
• For repeat offenders, the sentence may increase significantly under Arizona’s guidelines.
• Fines and Restitution: Offenders may be ordered to repay victims for financial losses.
• Probation or Jail Time: In certain cases, probation may be granted, but this is rare for serious offenses.

Under ARS 13-2310, a person guilty of a Class 2 felony may not be eligible for suspension of sentence, pardon, or release from confinement until the court-imposed sentence has been served.

Impact of Multiple Victims

If fraudulent schemes affect multiple victims or involve large amounts of money, the court may impose harsher penalties. Cases involving electronic communications, such as wire fraud, can also lead to state and federal charges.

Intent is a crucial element of fraudulent scheme charges. According to ARS 13-2310, the prosecution must prove that the defendant knowingly obtained a benefit by means of false or fraudulent representations.

How Intent is Proven

• False or Fraudulent Pretenses: Evidence such as falsified documents or misleading statements.
• Electronic Communications: Emails, text messages, or other records showing deliberate deception.
• Witness Testimony: Statements from victims or co-conspirators.

If intent cannot be established, the defendant may argue they were unaware of the fraudulent nature of the actions, providing grounds for defense.

Facing charges for fraudulent schemes and artifices can be overwhelming. However, a skilled defense lawyer can build a case to reduce or dismiss charges.

Common Defenses

1. Lack of Knowledge: The defendant did not knowingly participate in the scheme or artifice to defraud.
2. Insufficient Evidence: The prosecution lacks clear proof connecting the accused to the fraudulent activity.
3. Coercion: The defendant was coerced into participating in the scheme by another party.
4. Mistaken Identity: Someone else committed the crime, but the defendant was wrongfully accused.

Plea Negotiations

In some cases, plea negotiations may result in reduced charges or alternative sentencing, such as probation.

The severity of penalties for fraudulent schemes can increase if aggravating factors are present. Courts consider certain elements that make the crime more egregious when determining sentences.

Common Aggravating Factors

1. Multiple Victims: Cases involving multiple victims are viewed as more severe and can lead to harsher penalties.
2. High Financial Loss: Schemes resulting in losses exceeding $100,000 often result in enhanced sentencing.
3. Targeting Vulnerable Individuals: Defrauding the elderly, minors, or those with disabilities may result in additional penalties.
4. Use of Electronic Communications: Crimes involving email, social media, or other digital platforms may be charged as federal offenses in addition to state charges.
5. Repeat Offenders: Individuals with prior convictions face longer sentences and fewer options for probation or sentence reduction.

Understanding these factors can help defendants and their legal teams anticipate potential sentencing outcomes and build stronger defense strategies.

If you are charged with fraudulent schemes, securing legal representation as early as possible is key to protecting your rights and building a strong defense.

How a Defense Attorney Can Help

• Investigating the Case: A skilled attorney will thoroughly review the evidence to identify weaknesses in the prosecution’s case, such as lack of intent or insufficient proof of false or fraudulent pretenses.
• Negotiating Pleas: Early involvement allows the defense lawyer to explore plea negotiations, potentially reducing the severity of charges.
• Protecting Your Rights: An attorney ensures that you are treated fairly during investigations and court proceedings, preventing coercion or violations of due process.