Fraud

Have You Been Charged With Fraud?

Fraudulent Schemes and Artifices

            A person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions will be charged with fraudulent schemes and artifices, a violation of A.R.S. § 13-2310. It is not necessary that anyone actually relied on the fraud for someone to be found guilty for this crime. Fraudulent schemes and artifices is a class 2 felony and punishable anywhere from probation with no prison time up to 12.5 years imprisonment. A person with a history of felony convictions can face up to 35 years imprisonment.

Fraudulent schemes and artifices can arise in many different circumstances and can be very complex situations. A person facing this charge is facing the most serious felony. It is of the upmost importance to find an attorney skilled at handling these complex cases, as a first time felony offender is facing up to 12.5 years imprisonment.

Theodore Agnick is skilled and experienced in defending the rights of those accused of criminal charges. He has experience fighting against every type of fraud and will defend your case from every angle. Theodore Agnick is seasoned in the policy and procedures of police investigation and knows where to look for flaws and errors.

Credit Card Fraud

            Credit card fraud involves the use another person’s credit card in order to obtain anything of value, without consent of the cardholder. This includes attempting to use a credit card that forged, expired, cancelled, or revoked. These are violations of A.R.S. § 13-2105.

The act alone of using or attempting to use a credit card fraudulently is a class 1 misdemeanor, punishable by probation with no prison time up to 6 months imprisonment. If anything of value is obtained by the fraudulent use of a credit card the punishment increases. A total value obtained of $250 to $999, is a class 6 felony and punishable by probation with no prison time up to 2 years imprisonment. A total value obtained of $1000 or more, is a class 5 felony and punishable by probation with no prison time up to 2.5 years imprisonment.

It is also credit card fraud to sell a credit card with the intent to defraud or obtain a credit card for payment of a debt with the intent to defraud. This is a violation of A.R.S. § 13-2102. Selling or obtaining a credit card with the intent to defraud is a class 5 felony, punishable by probation with no prison time up to 2.5 years imprisonment.

            Credit card fraud is a serious crime where a person can face a felony conviction and up to 2 and ½ years in prison. A person who has a history of felony convictions can face up to 7 and ½ years imprisonment. It is very important to hire a skilled attorney to fight against these charges.

Mortgage Fraud

            Mortgage fraud involves a person knowingly making any deliberate misstatement, misrepresentation or material omission during the mortgage lending process that is relied on by a mortgage lender, borrower or other party to the mortgage lending process. This is a violation of A.R.S. § 13-2320. Mortgage fraud is a class 4 felony, punishable by probation with no prison time up to 3.75 years imprisonment.

There are various schemes which involve and amount to mortgage fraud. One example is when the home buyer or investor offers to purchase a home for more the than the asking price of the home with the intention of getting a loan for the larger amount. Then, the home buyer pays the seller the asking price and pockets the difference between the asking price and the higher offered price. If a person commits mortgage fraud as part of a pattern of mortgage fraud, involving two or more residential properties, it is a class 2 felony. This is punishable by probation with no prison time up to 12.5 years imprisonment.

Mortgage fraud is very broadly defined and can include many innocent parties. The punishment for mortgage fraud is very serious, as a person faces a felony conviction and up to 12.5 years imprisonment. A person with a history of felony convictions can face up to 35 years imprisonment. The importance of hiring a skilled attorney when faced with these charges is extremely important.

Business and Commercial Fraud

This is a broad area of fraud and covers categories such as deceptive business practices, false advertising, defrauding secured or judgment creditors and committing fraud during bankruptcy. Deceptive business practices includes using a false weight or measure to falsely determine or record any quality or quantity, selling or delivering less than the represented quantity of any commodity or service, selling adulterated goods or services, or selling mislabeled goods or services. These are all violations of A.R.S. §13-2202 and are a class 1 misdemeanor. Deceptive business practice convictions are punishable by probation with no prison time up to 6 months imprisonment.

It is false advertising to make a false or misleading statement in any advertisement or to recklessly cause a false statement to be made. False advertising is a violation of A.R.S. §13-2203 and is a class 1 misdemeanor. False advertising is punishable by probation with no prison time up to 6 months imprisonment.

Defrauding a secured or judgment creditor are some of the most serious business and commercial fraud charges. Defrauding a secured creditor involves a person who intends to hinder or prevent a creditor’s enforcement of its security interest. Defrauding a secured creditor is a violation of A.R.S. §13-2204. Defrauding a judgment creditor involves a person who intends to fraudulently prevent their property from being used as payment of a judgment.   Defrauding a judgment creditor is a violation of A.R.S. §13-2205. Both of these crimes are class 6 felonies and punishable by probation with no prison time up to 2 years imprisonment.

Fraud in bankruptcy proceedings involves destroying, transferring, or concealing your assets or making false statements with the intent to hide assets from the bankruptcy trustee. This is a violation of A.R.S. §13-2206. Fraud in bankruptcy is a class 6 felony and punishable by probation with no prison time up to 2 years imprisonment.

Business and commercial fraud charges can be very serious as you may be facing a felony conviction. This will not only impact you personally, but can also impact any business you are involved with. If facing a charge of business or commercial fraud it is extremely important to speak with a skilled attorney as soon as possible.

 

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