Mesa Fraud Lawyer

Fraud charges encompass a wide range of deceptive conduct designed to obtain money, property, or other benefits through misrepresentation. Arizona’s primary fraud statute—Fraudulent Schemes and Artifices (ARS § 13-2310)—is a Class 2 Felony regardless of the amount involved, carrying potential prison sentences up to 12.5 years. Mesa’s substantial business community, residential areas, and retail environment generate fraud cases including identity theft, check fraud, credit card fraud, insurance fraud, and business-related fraud allegations.

Attorney Josh Lopez represents clients throughout Mesa facing fraud allegations.

→ For comprehensive Arizona fraud law information, see: Arizona Fraud Laws

Fraudulent Schemes and Artifices (ARS § 13-2310)

Arizona’s primary and most serious fraud statute prohibits:

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

Elements the Prosecution Must Prove

1. Scheme or artifice to defraud — A plan or pattern of deceptive conduct
2. Knowingly — Awareness of the deceptive nature of the conduct
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 dollar amount involved

This is one of Arizona’s most serious property crimes. Unlike theft, the felony classification does not depend on the dollar amount—even small-value fraud is a Class 2 Felony.

Prior Felony Enhancement

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 and debit card numbers
• Dates of birth
• Biometric data
• Digital signatures and passwords

Classifications Based on Victim Count

Check Fraud (ARS § 13-1807)

Issuing a check knowing there are insufficient funds to cover it.

Classifications by Amount

Elements

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

Presumption of Knowledge

Knowledge of insufficient funds is presumed if:

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

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Credit Card Fraud (ARS § 13-2105)

Using a credit card obtained or retained illegally, or using a card known to be forged, expired, or revoked.

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

Related Credit Card Offenses

Insurance Fraud (ARS § 20-463)

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

Types of Insurance Fraud

• Filing false claims for losses that didn’t occur
• Inflating legitimate claims
• Staging accidents or incidents
• Providing false information on insurance applications
• Healthcare billing fraud

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

Common Fraud Scenarios in Mesa

Business Fraud

Mesa’s commercial environment generates fraud allegations involving:

• Partner disputes with misappropriation claims
• Contract fraud allegations
• Billing and invoicing schemes
• Vendor fraud
• Employee embezzlement

Identity Theft

Identity theft in Mesa neighborhoods often involves:

• Mail theft from residential mailboxes
• Data breach exploitation
• Employment-related identity fraud
• Tax refund identity theft
• Medical identity theft for insurance purposes

Real Estate and Rental Fraud

Mesa’s active housing market generates:

• Mortgage fraud allegations
• Rental scams (fake landlords)
• Title fraud schemes
• Investment property fraud

Consumer Fraud

• Advance fee schemes
• Contractor and home improvement fraud
• Investment scams
• Online marketplace fraud

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Defense Strategies

Lack of Intent to Defraud

Fraud requires knowing deception with intent to defraud:

• Good faith belief that statements were true
• No intent to deceive the victim
• Mistake of fact about circumstances
• Legitimate business dispute rather than criminal fraud

No Material Misrepresentation

The misrepresentation must be material—significant enough to affect the victim’s decision:

• Statement was actually accurate
• Omission wasn’t material to the transaction
• Victim wasn’t actually deceived
• Victim didn’t rely on the misrepresentation

Authorization

For identity theft and credit card fraud charges:

• Had permission to use account or information
• Reasonable belief of authorization
• Acting within scope of employment or agency authority

Insufficient Evidence

Fraud cases often rely on circumstantial evidence:

• No direct evidence of fraudulent knowledge
• Alternative innocent explanations exist
• Witness credibility issues
• Document authenticity questions

Constitutional Violations

• Illegal search leading to evidence discovery
• Miranda violations during questioning
• Improper interrogation techniques
• Fourth Amendment violations

Collateral Consequences

Crime of Dishonesty

Fraud is a “crime involving moral turpitude” with severe long-term consequences far beyond the criminal sentence:

Employment:

• Automatic disqualification from financial positions
• Background check failures
• Loss of positions involving trust or fiduciary responsibility
• Government employment bars
• Security clearance denial or revocation

Professional Licensing:

• Denial of new professional licenses
• Revocation of existing licenses
• Affects: legal, accounting, financial services, real estate, healthcare, insurance, education

Immigration:

• Deportation (removal) proceedings
• Inadmissibility to United States
• Denial of naturalization
• Visa revocation

Civil Liability

Criminal prosecution doesn’t prevent:

• Civil lawsuits by victims
• Restitution orders (often substantial)
• Asset seizure and forfeiture
• Regulatory penalties

Mesa Courts

Mesa Municipal Court

Location: 225 E. Main Street, Mesa, AZ 85201

Handles limited misdemeanor fraud-related offenses arising in Mesa, including some bad check cases under $100.

Southeast Regional Superior Court

Location: 222 E. Javelina Avenue, Mesa, AZ 85210

Handles felony fraud charges including Fraudulent Schemes, identity theft, felony check fraud, and credit card fraud.

Frequently Asked Questions