Tucson White Collar Crime Fraud Attorney
“White collar” crimes refer to a group of crimes that are generally committed within the context of a corporate environment. Although there exist a multitude of white collar crimes, the common element in white collar crimes is the allegation that a person wrongfully received some amount of financial gain, and another person suffered a monitor loss because of that gain. Elias Damianakos is an experienced Tucson white collar crime fraud attorney, and former felony fraud prosecutor in Arizona. Call us for a free consultation.
Most if not all white collar offenses in Arizona are felonies, and carry substantial fines, prison time, restitution, forfeiture, and the stigma of a fraud conviction. Many people’s good reputation is affected by fraud type charges, and a person’s re-employment in their related industry may be forever impacted.
Tucson White Collar Crimes and Tucson Fraud Crimes
Many of the offenses that make up white collar crime involve some allegation of “fraud”. An umbrella fraud statute in Arizona is Fraud, Scheme, Artiface, under A.R.S. § 13-2310, a class 2 felony, which provides:
A. Any 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 is guilty of a class 2 felony.
B. Reliance on the part of any person shall not be a necessary element of the offense described in subsection A of this section.
C. A person who is convicted of a violation of this section that involved a benefit with a value of one hundred thousand dollars or more is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted.
D. The state shall apply the aggregation prescribed by section 13-1801, subsection B to violations of this section in determining the applicable punishment.
E. As used in this section, “scheme or artifice to defraud” includes a scheme or artifice to deprive a person of the intangible right of honest services.
Some of the common offenses that fall under white collar crime include:
- Healthcare Fraud – A.R.S. § 13-3713, 18 U.S.C. § 1347
- Fraud in Insolvency – A.R.S. § 13-2206
- Deceptive Business Practices – A.R.S. § 13-2202
- Forgery – A.R.S. § 13-2002
- Bribery – A.R.S. § 13-2602, A.R.S. § 13-2605, A.R.S. § 13-2309
- Mail Fraud – 18 U.S.C. § 1341
- Money Laundering – A.R.S. § 13-2317, 18 U.S.C. § 1956
- Extortion – A.R.S. § 13-1804
- Securities Fraud – 18 U.S.C. § 1348
- Embezzlement – A.R.S. § 13-1802
- Mortgage Fraud / Wire Fraud – A.R.S. § 13- 2320 / 18 U.S.C. § 1343
- Credit Card Fraud – A.R.S. § 13-2105
- Tax Fraud – 26 U.S.C. § 7201
- Loan Fraud – 18 U.S.C. § 1014
- Benefits Fraud – 31 U.S.C. § 3729
- Bankruptcy Fraud – 18 U.S.C. § 157
- Insurance Fraud – A.R.S. § 20-463
- Bank Fraud – 18 U.S.C. § 1344
White Collar Crimes Defenses
White collar prosecutions can involve very lengthy investigations, substantial paperwork such as bank records and other financial or legal documents, and many times necessitate the need for experts such as forensic document examiners, accountants, financial auditors, or other experts in the field depending on the type of prosecution.
Importance of an Experienced Tucson White Collar Crime Fraud Attorney
A successful defense to a white collar cases such as fraud always includes a vigorous defense investigation into the nature and practices of the specific industry involved, and a thorough review and analysis of the financial documents involved. Some of the common defense theories in white collar cases involve showing:
- consent by all parties
- lack of knowledge of fraud
- lack of fraudulent intent
- lack of “kickbacks” or other monetary benefit
- legal challenges to evidence such as business records or bank records
- flawed investigations, including flawed financial forensic examinations
- constitutional challenges to evidence collected
As a former felony fraud prosecutor, and as an experienced Tucson white collar crime fraud attorney, I have experience in representing clients accused of white collar crimes, at both the state and federal level. If you have been accused of any kind of white collar crime, contact our office to discuss your case.
