ARIZONA THEFT / WHITE COLLAR CRIME


Theft and white collar crimes are serious charges. The range of potential punishments can vary greatly, depending on the nature of the charges set forth. Not only does the prosecution have to prove all the required elements of the charge, but the defendant also has to make sure that he or she is represented by an attorney who knows the proper defenses for each individual case.

Crimes of theft can range from obtaining by false pretense, larceny, burglary, theft of property, or embezzlement. Generally speaking, it is unlawful for anyone to steal, take or carry away the personal property of another.

White-collar crimes typically refer to a type of financial, corporate, or economic crime often committed by employees or professionals using deception, as opposed to violent crimes that involve force. Most people who think of white collar crime think of stock market and business fraud cases. However, white collar crime involves a wide variety of criminal offenses.

Unlike many criminal offenses, often individuals involved in white collar crime know they are under investigation prior to being charged. The time to hire a white collar criminal defense attorney is the moment you believe you may be under investigation.

SPECIFIC ARIZONA WHITE COLLAR OFFENSES

Below is an overview of several major white collar statutes. However the statutes surrounding these crimes are generally much more complex than the simplified information contained in these summaries. If you have been accused of any of these crimes, it is imperative that you contact a criminal defense attorney as soon as possible.

Bribery A.R.S. §§ 13-2601, et. seq.

A person commits "bribery of a public servant" when they give any public servant a bribe with the intent to influence a vote, opinion, judgment, exercise of discretion or other action in their official capacity. Bribery of a public servant is a class 4 felony.

A person commits "commercial bribery" when they give an employee a bribe with the intent to corruptly influence the employee's conduct to the financial detriment of the employee's company. If an employee accepts such a bribe, he or she also commits commercial bribery. Commercial bribery is a class 1 misdemeanor if the bribe is less than $100, a class 6 felony if the bribe is $100 - $1000, and a class 5 felony if the bribe is more than $1000. A class 1 misdemeanor is punishable by up to 6 months in jail, a class 6 felony by up to 2 years in prison, and a class 5 felony by up to 2.5 years in prison.

Embezzlement, Theft, and Larceny A.R.S. § 13-1802

In Arizona, embezzlement, theft, and larceny are all charged as the crime of "theft." A person commits theft when that person knowingly:
  1. Controls the property of another with the intent to deprive them of the property,
  2. Converts services or property of another, when the service or property is entrusted to the defendant for only a limited term of use,
  3. Obtains property or services from another by misrepresentation,
  4. Comes into control of lost property under circumstances that provide a way to discovery the identity of the true owner, and the person does not make a reasonable effort to notify the true owner,
  5. Controls the property belonging to someone else knowing that the property was stolen, or
  6. Obtains paid services without paying for them.
A conviction of theft carries the following penalties:

Value Classification Sentence
$25,000+ Class 2 felony Up to 12.5 years prison
$4,000 - $24,999 Class 3 felony Up to 8.75 years prison
$3,000 - $3,999 Class 4 felony Up to 3.75 years prison
$2,000 - $2,999 Class 5 felony Up to 2.5 years prison
$1,000 - $1,999 Class 6 felony Up to 2 years prison
Less than $1,000 Class 1 misdemeanor Up to 6 months jail


In addition, if the theft meets definition 1 or 3 above and the value of the property is $100,000 or more, the defendant is ineligible for probation or parole.

Extortion A.R.S. § 13-1804

"Extortion" is a type of theft involving taking property or services through the use of a threat. A person commits extortion when they knowingly obtain or try to obtain something by threatening to:
  1. Cause physical injury to anyone by means of a deadly weapon,
  2. Cause physical injury to anyone by any other means,
  3. Cause damage to property,
  4. Engage in other conduct constituting a crime,
  5. Accuse anyone of a crime or bring criminal charges against anyone,
  6. Expose a secret that will subject anyone to hatred, contempt, or ridicule, or to impair their credit or business,
  7. Take or withhold action as a public servant or cause a public servant to take or withhold action, or
  8. Cause anyone to part with any property.
Extortion by threat of physical injury by deadly weapon or instrument (definition 1 above) is a class 2 felony, and carries a sentence of up to 12.5 years in prison. Any other kind of extortion is a class 4 felony, and carries a sentence of up to 3.75 years in prison.

Forgery A.R.S. § 13-2002

A person commits "forgery" if, with the intention of defrauding someone, they: 1) falsely make, complete, or alter a written instrument, 2) knowingly possess a forged written instrument, or 3) offer a forged instrument or one that contains false information. Intent to defraud can be implied if the person possesses five or more forged instruments. Forgery is a class 4 felony, and a conviction carries a sentence of up to 3.75 years in prison.

Fraud Schemes A.R.S. § 13-2310

A person commits a "fraudulent scheme" if, through the use of a scheme, they knowingly obtain any benefit by using false pretenses, representations, promises, or materials omissions. Committing a fraudulent scheme is a class 2 felony and a conviction carries a sentence of up to 12.5 years in prison.

The fraudulent scheme statute covers most types of fraud, but some specific kinds of fraud also have their own statutes. For example, mail fraud is also a federal offense covered by 18 U.S.C. § 1341. Thus, a mail fraud scheme could lead to a conviction in both federal and state courts. Additionally, some specific types of fraud have their own statute in Arizona. For example, health care fraud is covered by A.R.S. § 13-3713. However, a scheme to commit health care fraud could lead to a conviction under both the health care fraud statute and the fraudulent scheme statute. Deciphering the fraud statutes is an extremely complex process and as with any other crime, you should immediately contact a criminal defense attorney if you have been accused of committing fraud.

Money Laundering A.R.S. § 13-2317

"Money laundering" means concealing the source of illegally obtained money. In Arizona, money laundering is divided into three crimes: money laundering in the first, second, and third degree.

The crime of "money laundering in the third degree" involves conduct that illegally avoids compliance with the Arizona regulations and licensing procedures for transmitting money. Essentially, bribing a money transmitter to avoid complying with these regulations, or accepting a bribe to avoid complying with these regulations, constitutes money laundering in the third degree. Money laundering in the third degree is a class 6 felony, and a conviction carries a sentence of up to 2 years.

The crime of "money laundering in the second degree" involves a large variety of conduct. In short, a person commits money laundering in the second degree by: 1) being involved in money for the purposes of racketeering, 2) being involved with false documents for the purposes of transmitting money, or 3) intentionally violating Arizona's regulations and licensing procedures for transmitting money. Money laundering in the second degree is a serious crime, classified as a class 3 felony. A conviction carries a sentence of up to 8.75 years in prison.

The crime of "money laundering in the first degree" involves either: 1) being in charge of a money laundering operation, or 2) money laundering for the purposes of facilitating terrorism or murder. Money laundering in the first degree is a very serious crime, classified as a class 2 felony. A conviction carries a sentence of up to 12.5 years in prison.

Perjury (and related crimes) A.R.S. §§ 13-2701, et. seq.

The crime of "perjury" is much more serious than many people realize. Under A.R.S. § 13-2702, perjury is a class 4 felony, and a conviction could lead to a sentence of up to 3.75 years in prison. A person commits perjury by lying under oath about an issue material to a case. A person also commits perjury by lying about a material issue while not under oath if the statement is given under penalty of perjury (in an affidavit, for example).

If a person lies under oath about an issue that is not material to a case, they commit the crime of "false swearing" under A.R.S. § 13-2703. False swearing is a class 6 felony, and a conviction carries a sentence of up to 2 years in prison.

If a person lies to an official in connection with an official proceeding about an issue that is material to a case while not under oath or penalty of perjury, they commit "unsworn falsification" under A.R.S. § 13-2704. Unsworn falsification is a class 6 felony, and a conviction carries a sentence of up to 2 years in prison. A person also commits "unsworn falsification" if they lie about a material issue while not under oath or penalty of perjury to an official in connection with an application for a benefit or license; this type of unsworn falsification is treated as a misdemeanor.

Organized Crime / Racketeering A.R.S. §§ 13-2301, et. seq.

The term "racketeering" is broadly defined in Arizona's criminal statutes. In short, racketeering means committing one of the crimes listed in A.R.S. § 13-2301(D) for financial gain. The listed crimes are those generally associated with organized crime, such as homicide, robbery, kidnapping, forgery, bribery, and the like. Sections 2312 through 2315 of the statutes provide lengthy descriptions of sanctions for racketeering, including both criminal penalties and financial sanctions. For example, under A.R.S. § 13-2314(A), the state may file for triple damages and attorney fees against a defendant on behalf of a person injured by racketeering (either physically or financially injured).

The organized crime statutes also list a number of other offenses, including "making extortionate extensions of credit," "possession of altered property," "trafficking in stolen property," "participating in a criminal syndicate," "bribery of participants in professional sports," "fraudulent schemes" (see above), "illegal control of an enterprise," "computer fraud," "and money laundering" (see above).

Many of these crimes also violate the federal RICO statutes. See 18 U.S.C. § 1961, et. seq. Accordingly, if you have been accused of any of these crimes, you could also be indicted in federal court. Due to the complexity of the matters involved, if you are under investigation for this type of crime, you should immediately speak with an experienced criminal defense attorney.

Tax Evasion 26 U.S.C. § 7201

Under the federal criminal code, tax evasion is defined as attempting to evade or defeat the payment of any federal tax. Tax evasion is a federal felony, and a conviction carries a maximum sentence of 5 years in federal prison and a maximum fine of $100,000 ($500,000 if the defendant is a company).

Conclusion

Defendants accused of theft or white collar offenses can often successfully challenge these charges by a showing of factual innocence or absence of intent. In other words, individuals or corporations accused of white collar crimes may have benefited from the alleged activities, but did not intend to commit crimes. Some cases of white collar crime are better addressed outside of a courtroom, through plea bargaining or other negotiation before charges are filed. White collar crimes are serious offenses, but an attorney experienced in defending allegations of white collar crime can help you determine the best course of action if you are facing criminal charges.

If you have been accused of any white collar crime, you should immediately contact an experienced criminal defense attorney. The Gillespie Law Firm, P.C. has years of experience in defending clients charged with alleged theft/white collar offenses in the state of Arizona. The firm can handle all of the aspects of your case, including pre-trial investigation, witness interviews, legal research, defense identification, grand jury and motion practice, plea negotiations, and, if necessary, full litigation at trial and on appeal. We will strongly advocate your case at all times, yet do so in a discrete manner, as we recognize that your reputation and your future are at stake. If you chose to retain our law firm, we will provide the highest level of criminal defense representation available.


 
© Copyright 2003-2009, Craig C. Gillespie, All Rights Reserved Worldwide major credit cards accepted
Web Site Design by: Mike Rebel Design
  
Site Map  ::  Map and Directions  ::  Arizona Criminal Attorney  ::  Arizona DUI Attorney  ::  Legal Disclaimer  ::  Privacy Policy