Arizona Fraud Lawyer

Fraud charges in Arizona encompass a wide range of deceptive conduct designed to obtain money, property, or other benefits. The most serious fraud statute is a Class 2 Felony regardless of the amount involved, carrying potential prison sentences up to 12.5 years. Arizona also prosecutes identity theft, credit card fraud, check fraud, and numerous other fraud-related offenses, each with specific elements and penalties. Because of these penalties you need an Arizona Fraud Lawyer in your corner.

Attorney Josh represents clients in many areas throughout Arizona.

Fraudulent Schemes and Artifices (ARS § 13-2310)

Arizona’s primary fraud statute makes it illegal to:

“Pursuant to a scheme or artifice to defraud, knowingly obtain any benefit by means of false or fraudulent pretenses, representations, promises or material omissions.”

Key Elements

1. Scheme or artifice to defraud — A plan or pattern of deceptive conduct
2. Knowingly — Aware of the deceptive nature
3. Obtain benefit — Money, property, services, or other advantage
4. False or fraudulent — Misrepresentation, false promise, or material omission

Classification and Penalties

Class 2 Felony — Regardless of amount

This is one of Arizona’s most serious property crimes—felony classification doesn’t depend on dollar amount.

Identity Theft (ARS § 13-2008)

Taking or using another person’s personal identifying information without consent, with intent to obtain or use for any unlawful purpose.

Personal Identifying Information Includes

• Social Security numbers
• Driver’s license numbers
• Bank account numbers
• Credit card numbers
• Dates of birth
• Biometric data
• Digital signatures

Classifications

Penalties

Class 4 Felony: 1.5 – 3.75 years (first offense)
Class 3 Felony: 2.5 – 8.75 years (first offense)

Credit Card Fraud (ARS § 13-2105)

Fraudulent Use of Credit Card

Using a credit card obtained or retained in violation of law, or using a card the person knows is forged, expired, or revoked.

Classification: Class 5 Felony (6 months – 2.5 years)

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Possession of Machinery for Credit Card Crimes (ARS § 13-2109)

Possessing equipment designed to encode or produce credit cards with intent to defraud.

Classification: Class 5 Felony

Receipt of Proceeds from Credit Card Fraud (ARS § 13-2108)

Receiving money or property obtained through credit card fraud knowing it was fraudulently obtained.

Check Fraud

Issuing Bad Check (ARS § 13-1807)

Issuing a check knowing there are insufficient funds.

Elements

• Issued check for payment of money
• Knew at time of issuance funds were insufficient
• Intent to defraud

Presumption of Knowledge

Knowledge of insufficient funds is presumed if:

• Issuer had no account with the bank
• Payment was refused for insufficient funds AND issuer failed to pay within 12 days of notice

Insurance Fraud (ARS § 20-463)

Making false statements or concealing information in connection with insurance claims or applications.

Types of Insurance Fraud

• False claims for losses that didn’t occur
• Inflated claims
• Staged accidents
• False information on applications
• Healthcare billing fraud

Classification: Class 5 Felony (6 months – 2.5 years)

Securities Fraud (ARS § 44-1991)

Making false statements or omitting material facts in connection with securities sales.

Prohibited Conduct

• False statements about securities
• Omitting material information
• Ponzi schemes
• Investment fraud

Classification: Class 3 Felony (2.5 – 8.75 years)

Computer Fraud (ARS § 13-2316)

Using computer systems to commit fraud or theft.

Covered Conduct

• Accessing computers to commit fraud
• Altering data to commit fraud
• Unauthorized access to obtain information for fraud

Classification: Varies from Class 3 Misdemeanor to Class 3 Felony depending on conduct and amount

Theft by Extortion (ARS § 13-1804)

Obtaining property through threats.

Types of Threats

• Physical injury
• Property damage
• Exposing secrets
• Accusing of crime
• Taking or withholding official action

Classification: Class 4 Felony (1.5 – 3.75 years)

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Common Fraud Scenarios

Business Fraud

• Partner disputes involving misappropriation
• Contract fraud
• Billing schemes
• Vendor fraud

Real Estate Fraud

• Mortgage fraud
• Title fraud
• Rental scams
• Investment property fraud

Healthcare Fraud

• False billing
• Unnecessary services
• AHCCCS (Arizona Medicaid) fraud
• Prescription fraud

Employment Fraud

• Embezzlement
• Expense reimbursement fraud
• Payroll fraud
• Time theft schemes

Consumer Fraud

• Advance fee schemes
• Contractor fraud
• Investment scams
• Romance scams

Defense Strategies

Lack of Intent to Defraud

Fraud requires knowing deception with intent to defraud:

• Good faith belief statements were true
• No intent to deceive
• Mistake of fact

No Material Misrepresentation

The statement must be material—significant enough to influence the victim’s decision:

• Statement was accurate
• Omission wasn’t material
• Victim wasn’t actually deceived

Authorization

For identity theft and credit card fraud:

• Had permission to use account
• Reasonable belief of authorization
• Acting within scope of authority

Insufficient Evidence

Fraud cases often rely on circumstantial evidence:

• No direct evidence of knowledge
• Alternative explanations exist
• Witness credibility issues

Statute of Limitations

For most felony fraud: 7 years from commission or discovery.

Collateral Consequences

Professional Licensing

Fraud convictions typically result in denial or revocation of:

• Real estate licenses
• Financial/accounting licenses
• Healthcare licenses
• Insurance licenses
• Legal licenses

Employment

Fraud is a “crime of dishonesty” affecting:

• Any position involving trust
• Financial responsibility positions
• Government employment
• Bonded positions

Immigration

Fraud is generally a crime involving moral turpitude (CIMT) with serious immigration consequences:

• Deportation
• Inadmissibility
• Denial of naturalization

Civil Liability

Criminal prosecution doesn’t prevent:

• Civil lawsuits by victims
• Restitution orders
• Asset seizure and forfeiture

Frequently Asked Questions We Receive When Serving As An Arizona Fraud Lawyer