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Fraudulent Schemes (A.R.S. §13-2310)

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Fraudulent Schemes (A.R.S. §13-2310)

By DM Cantor, a Top-Ranking Criminal Defense firm in Arizona for the last 6 years in a row by Ranking Arizona Magazine!  (2020, 2021, 2022, 2023, 2024, 2025)

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DM Cantor, Best Criminal Defense, DUI and Sex Crimes Lawyer in Arizona

DM Cantor’s Board Certified Criminal Law Specialists (Left to Right) Managing Partner, Christine Whalin; Founding Partner, David Michael Cantor

Over 165 Complete Criminal Jury Trial Acquittals (i.e., Not Guilty on All Charges).  The most in Arizona history by a single law firm!

Plus an additional 400+ Theft / Fraud Crimes Pre-Indictment “Turn-Downs,” Dismissals, and Charge Reduction Theft / Fraud Crimes Victories!

Beware of Theft / Fraud Crimes Crimes Defense “Pretenders”:  Any law firm or Attorney can have DM Cantor’s Phoenix Theft / Fraud Crimes Attorney and Theft / Fraud Crimes Lawyer website information re-written by artificial intelligence (AI), and then they can post it online as their own “knowledge base.”  But they cannot falsely list our Jury Trial Complete Acquittals, or Board Certifications as their own.  Also, many Attorneys claim that they “Specialize” in defending Theft / Fraud Crimes charges or Criminal Defense, but only a “Board-Certified Criminal Law Specialist” is allowed by the State Bar of Arizona to use this title as their own, per the Arizona Board of Legal Specialization.

Board Certified Criminal Law Specialization

Board Certified Specialists | Top Phoenix Sex Conduct Lawyer

As of the start of 2025, the State Bar of Arizona Board of Legal Specialization listed only 62 Criminal Law Specialists in the entire State.  Of these 62, only 41 are located in Maricopa County and are allowed to handle private cases.  DM Cantor has 2 Board-Certified Criminal Law Specialists, no other law firm in Arizona has more.  When defending Fraudulent Schemes Crimes Allegations, it is critical to have as many Board-Certified Criminal Law Specialists on your Legal Team as is possible.

The Specialization process is so rigorous that only 34 current Criminal Law Specialists were Certified since the turn of the Century!  In addition, all Specialists must be approved for Re-Certification every 5 years.  At DM Cantor, our 2 Board Certified Criminal Law Specialists have conducted Jury Trials on countless Fraudulent Schemes Crimes cases.

Every Major Felony Fraudulent Schemes Crimes case defended by DM Cantor includes at least 1 Board Certified Criminal Law Specialist on the legal team who is directly handling or supervising the Defense.

We wouldn’t have it any other way.

What are Fraudulent Schemes in Arizona?

Whether in the Phoenix area, or anywhere in Arizona, per ARS 13-2310, “Fraudulent Schemes” occurs when a person creates a scheme or artifice to defraud, and knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions. A “scheme or artifice” to defraud includes a scheme to deprive a person of the intangible right of honest services. To be convicted, it is not necessary that the person who is defrauded actually relied on the fraud.

Need a Fraud Lawyer in Arizona? Contact DM Cantor if you have been charged with Fraudulent Schemes. Call 602-307-0808 or fill out our secure free initial consultation form

Possible Punishment for Fraudulent Schemes

Conviction on a first-offense Fraudulent Schemes charge is a class two (2) felony , carrying punishment of the following:

  • Probation with zero (0) days in jail up to one (1) year in jail, or prison of three (3) years to twelve and one half (12.5) years of incarceration.
  • If the person has one (1) allegeable historical prior conviction, then the “prison only” range is four and one half (4.5) years to twenty-three and one quarter (23.25) years in prison.
  • If the person has two (2) allegeable historical prior convictions, then the “prison only” range is ten and one half (10.5) to thirty-five (35) years of incarceration.

If the amount of benefit received by the defendant is valued at $100,000.00 or more, then probation is not available and the “prison only” range must be served. However, we would still argue for the minimum prison sentence as opposed to the maximum; your case is not hopeless.


Possible Defenses for Fraudulent Schemes

The key to successfully defending a Fraudulent Schemes charge is showing that the defendant did not “knowingly” defraud anyone. This can be accomplished by presenting evidence that the defendant never created any scheme or artifice to obtain some fraudulent benefit from another person. Any benefit received by the defendant was either through the consent of the alleged “victim” (not based on any fraud on the part of the defendant), on a mutual misunderstanding between both of the parties, or alternatively, that there was no benefit to the defendant.

In many circumstances, people are accused of Fraudulent Schemes by dishonest employers. Sometimes the defendant (employee) has been told that they can pay personal expenses with company checks as a sort of “bonus” that the employer can then write off as a taxable event. When the employment relationship goes bad, or if there are any IRS tax problems, the employer then accuses the employee of some sort of embezzlement, claiming that the employer never gave the employee permission.

Another typical circumstance is between business partners. When business deals fall apart, or one partner realizes that he may have made a bad business investment and may lose a lot of money, he might claim that the defendant misinformed him as to important aspects of the business deal, or that key elements of the business deal were omitted from negotiations, fraudulently inducing him to invest his money.

In order to present a strong defense, it is important to have all aspects of the case investigated thoroughly. One of the most important things to do in a Fraudulent Schemes case it to interview the alleged “victim” and to identify any inconsistencies in their side of the story. Additionally, it is important to find and interview any other witnesses to the transaction (for example, co-workers) who could serve as material witnesses on behalf of the defendant.

In certain cases, our White Collar Crime lawyers in Arizona are able to negotiate a “Civil Disposition” which serves as a settlement of all claims, and the prosecutor usually will either withdraw the criminal prosecution or plead it to a much lower charge involving no jail or prison time. In addition, we can often intercept cases while they are currently under investigation and prevent the prosecutor from filing any charges at all. These are known as “Pre-charge/ Investigation Stage” cases.


Additional Defenses and Your Rights

Additionally, because our law firm fights convictions from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard.

If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues.

Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding computer analysis/cloning hard drive procedures; forensic financial accounting reviews; etc.

Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Fraudulent Schemes lawyer to defend you, who has knowledge of all the possible defenses to assert in your case.

The Best Phoenix Fraudulent Schemes Law Team in Arizona

How do you know who has the best Fraudulent Schemes Legal Defense Firm in Arizona?  You begin by looking at the team’s experience.  David Michael Cantor is a former Prosecutor, and a highly experienced Fraudulent Schemes in Arizona Attorney who became a member of the Arizona State Bar in 1989.  David then began his Arizona legal practice as an Assistant City Prosecutor for the City of Phoenix.  Considered as one of the Top Fraudulent Schemes Crime Defense Lawyers in Arizona, he then founded his own Criminal Defense firm and Arizona Fraudulent Schemes Crime Defense Team, DM Cantor.

David is a highly-skilled Fraudulent Schemes Defense Lawyer who knows the Fraudulent Schemes laws backward and forward, and he will vigorously fight the Arizona State Attorney General or County Prosecutor on your behalf. Phoenix Fraudulent Schemes Lawyer, and Criminal Defense Attorney David Cantor, wrote this webpage in order to give you an Arizona Fraudulent Schemes Crimes overview as to how the DM Cantor Phoenix Fraudulent Schemes Crimes Attorney Defense Team can prove your Innocence if you have been Falsely Accused of Fraudulent Schemes. So whether you have a single Fraudulent Schemes charge, or multiple charges, contact DM Cantor today!

In addition to Phoenix area experience, you next look to the Fraudulent Schemes Defense Lawyer’s Results and Certifications.  In addition to David Cantor being a Board-Certified Criminal Law Specialist, his partner (Christine Whalin) is also a Certified Criminal Law Specialists as well.  No other Arizona Criminal Defense Firm has as many Complete Jury Trial Acquittals as DM Cantor.  Click on the link below to see Questions to Ask when Interviewing a Fraudulent Schemes Attorney to represent you in your Court case.

Beware: Be very cautious of visiting with a Criminal Law Firm who has you meet with a Non-Attorney Salesperson, rather than a Licensed Attorney.  They will then try to sell their “legal services,” even though they are not allowed by the State Bar of Arizona to give legal advice.  DM Cantor always has you meet with one of the Partners and Certified Criminal Law Specialists in our office when consulting us regarding a Fraudulent Schemes charge.

Click here… if you have not been charged with Fraudulent Schemes yet, but the police are in the “pre-charge investigation stage” of your case.

Top Unlawful Flight from Police Lawyer

We are an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Fraudulent Schemes lawyer in Arizona, and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Fraudulent Schemes Lawyers in Arizona know the system well.

 The Collateral Consequences Of An Fraudulent Schemes Conviction

The effects of a Fraudulent Schemes conviction can be devastating.  Even if a person is to receive Probation with no Jail, or a small Jail or Prison sentence, after they are released there will be lifelong effects on the Defendant.  This can involve Lifetime Probation; job restrictions; apartment/dormitory restrictions or prohibitions; Professional Licenses being Revoked; loss or severe restriction of internet privileges; etc. Check the link below for information regarding what Collateral Consequences you or a loved one might be facing.

Click to see Comprehensive List and Explanation of Collateral Consequences regarding a Fraudulent Schemes Conviction

Mitigation

When it comes to “Mitigation” regarding a charge of Fraudulent Schemes Crimes, it is important to start that process right away.  Not only can this help us with potentially convincing a Prosecutor to not file charges in the first place, but it may reduce the level of charges that they ultimately file.  In addition, if there is a conviction later, this can be used to help reduce any type of Sentence if there is a “Range.”  The Mitigating Factors which are considered by both the Prosecutor and the Courts includes Statutory and Non-Statutory elements.

Many items that we routinely include in our Mitigation Packages include Psychosexual Risk Evaluations; Polygraphs; Neuro-Psychological Evaluations; Counseling records; substance abuse Treatment and/or Rehabilitation; and a complete history of a person’s background.  This can include Individualized Education Plans (IEPs), medical records, Counseling records, etc.  Lastly. we often include what’s known as a “Proportionality Review/Sentencing Disparity” analysis in which we can show the Prosecutor and Court that similarly-situated Defendants received low Sentences.  Click the link below to see a more detailed list of both Statutory and Non-Statutory Mitigating Factors.

Click here to see Helpful Mitigation Information

Work with a DM Cantor Phoenix Fraudulent Schemes Defense Lawyer Today For a Free Consultation

For a free consultation and free case evaluation with one of our Phoenix Fraudulent Schemes Crimes Lawyers and Criminal Defense Lawyers, call our  24 hour Phoenix Fraudulent Schemes Crimes Defense Lawyers Hotline  at  602-307-0808  , or click here for a free consultation on any criminal cases. Our aggressive Fraudulent Schemes Crimes Lawyers always offer free consultations for an initial visit with our Phoenix Fraudulent Schemes Crimes Defense Attorneys. We are often considered to be the “best Fraudulent Schemes Crimes Defense Lawyer”.

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