White-Collar Crimes

White Collar Crimes

Our Phoenix, Arizona criminal defense attorneys can help you if you have been or accused of or questioned in connection with a White Collar Crime. Common types of White Collar Crimes include theft, fraud, and fraudulent schemes and artifices. 

Theft of a Credit Card

Theft of a Credit Card is very common in Arizona and occurs when a person uses someone else’s credit card without their permission or obtains a credit card for the purpose of securing a debt.  Theft of a Credit Card is a Class 5 Felony.

Fraudulent Schemes and Artifices

A Fraudulent Schemes charge occurs when a person obtains a benefit by means of false or fraudulent pretenses, representations, promises or material omissions.  Probation could be available for a first offense but this depends on whether the alleged scheme occurs over a period of time and the amount of the loss alleged by the State.

Bribery

In Arizona, there are two types of Bribery.

The Arizona Criminal Code classifies Bribery as Bribery of a Public Servant when one confers a benefit upon a government employee with the intent to influence that public servant's vote or judgment. The public servant can also be charged with Bribery if he in fact solicits, accepts or agrees to accept the benefit.  Bribery of a Public Servant is a Class 4 Felony.

In the private sphere, one commits Commercial Bribery if a person confers a benefit on another person's employee with the intent that such benefit will influence the conduct of the employee in relation to the employer's commercial affairs and the conduct causes economic loss to the employer. If this occurs and the employee accepts the benefit, the employee may also be charged with Commercial Bribery. Commercial Bribery ranges from a Class 5 Felony to a Class 1 Misdemeanor, depending on the value of the benefit conferred.

Issuing Bad Checks

The crime of Issuing Bad Checks occurs when a person issues or passes a check knowing that sufficient funds do not exist to cover the value of the check. It is presumed the defendant has knowledge of insufficient funds if:

• The account the check was written from was closed at the time the check was issued or passed, or
• Once notified the check was not honored upon presentation, the defendant failed to pay the holder the full amount due on the check within 12 days after receiving notice of that refusal.

There are many defenses provided by the law if you are charged with Issuing a Bad Check.   Defense include, but are not limited to:

• A postdated check and sufficient funds are available on the postdate; or
• If the lack of sufficient funds was due to an adjustment to the person’s account by the credit institution without notice to that person.

Issuing a Bad Check is a Class 6 Felony if the amount of the check is five thousand dollars ($5,000) or more and the person fails to pay the full amount of the check plus interest within sixty (60) days of receiving notice of insufficient funds. 

Money Laundering

Money Laundering most often occurs when a person acquires or maintains an interest in, transacts, transports, receives or conceals the proceeds of a criminal offense or racketeering. Money Laundering can be a Class 6 or 3 Felony, and can increase to a Class 2 Felony under certain circumstances. The penalties of Money Laundering can include forfeiture of funds and forfeiture of substitute assets in an amount up to three (3) times the amount laundered.

Extortion

If a person seeks to obtain property of another person by threatening physical injury to property or person, threatening to falsely accuse someone of a crime or threatening to expose a secret, a person could be charged with the crime of Theft by Extortion.  Theft by Extortion is usually a Class 4 Felony but can be charged as a Class 2 Felony if the defendant causes physical injury to the victim with a deadly weapon or dangerous instrument.

Perjury

A person will be charged with Perjury if he or she makes a false sworn statement in regards to a material issue believing it to be false, or if he or she makes a false unsworn declaration, certificate, verification or statement that the person subscribes to be true under the penalty of Perjury when he or she believes it to be false.  In Arizona, Perjury is classified a Class 4 Felony.

Computer Tampering

Computer tampering occurs when a person intentionally accesses, alters, damages or destroys any computer, system or network with the purpose to defraud or deceive, devise or scheme, or to control property or services by means of false pretenses, representations or promises. A defendant may be charged with computer tampering by knowingly deleting computer programs or data or introducing a contaminant (such as a virus) into a computer system. A defendant may be charged under § 13-2316 for recklessly using a computer or system for a scheme directed to another person to threaten or terrorize that person.

Computer tampering ranges from a Class 6 up to a Class 3 Felony.

Racketeering

Racketeering occurs when an individual illegally controls or conducts an enterprise.  Racketeering is generally a Class 3 Felony. Upon conviction of a Racketeering offense, the Superior Court may, in addition to any criminal sentence, impose civil remedies, including payment of treble damages or ordering the person convicted to divest him/herself of any interest resulting from the enterprise.