Fraudulent Schemes Defense Lawyers
Charged with or being investigated for fraudulent schemes and artifices (A.R.S. § 13-2310)? This is a Class 2 felony, regardless of the dollar amount, the same tier as many violent crimes. Prosecutors must prove you acted with intent to defraud, and these cases are often won during the investigation, before charges are ever filed. Do not speak to investigators or hand over documents before you talk to a defense lawyer.
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What Is Fraudulent Schemes and Artifices in Arizona?
Quick answer: Fraudulent schemes and artifices under A.R.S. § 13-2310 is Arizona’s broad, catch-all fraud statute. It makes it a crime to knowingly obtain any benefit by means of false or fraudulent pretenses, representations, promises, or material omissions, pursuant to a scheme to defraud. It is a Class 2 felony regardless of the amount involved, putting it on the same sentencing tier as serious violent offenses. The case turns on intent, the State must prove you acted knowingly to deceive, not that you made a mistake or a bad business decision, and these cases are frequently won before an indictment by getting counsel involved early.
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Former Prosecutors · Law Enforcement · Public Defenders
When you call Tamou Law Group, you reach a firm that handles criminal defense exclusively, with serious experience defending fraudulent schemes and other white-collar cases across Arizona. Our team includes former prosecutors and law enforcement officers, so we know exactly how the State builds these cases, and where they fall apart.
At many large firms, the name on the building is a marketing figurehead, you rarely get them on the phone and your case goes to a junior associate. When you hire Tamou Law Group, your case is handled by a full team of attorneys, not associates, including Michael Tamou.
On This Page
- What Is Fraudulent Schemes and Artifices in Arizona?
- Is fraud a felony in Arizona?
- How much prison time can you get for fraudulent schemes in Arizona?
- What does the State have to prove in an Arizona fraud case?
- Will I have to pay restitution for fraud in Arizona?
- Can a fraudulent schemes charge be reduced or dismissed?
- Will a fraud conviction affect my professional license or immigration status?
- How Value Sets the Theft & Fraud Charge
- Penalties & Sentencing
- Defenses That Work
- Our Defense Team
- FAQs
If you’ve been charged with fraudulent schemes in Arizona, you probably have urgent questions about what you’re facing and what comes next. Here are straight answers to the questions people ask most, with a plain-English breakdown of the law under A.R.S. § 13-2310, the penalties, and the defenses that matter most.
Is fraud a felony in Arizona?
Yes. Fraudulent schemes and artifices under A.R.S. § 13-2310 is a Class 2 felony regardless of the dollar amount involved, putting it on the same sentencing tier as many violent offenses. It is one of the most serious non-violent charges in the state, which is exactly why getting a defense lawyer involved early matters so much.
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- National Trial Lawyers Top 100
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- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix white collar lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
How much prison time can you get for fraudulent schemes in Arizona?
As a Class 2 felony, a first-offense fraudulent schemes conviction carries a presumptive term of about 5 years, with a range of roughly 3 to 12.5 years, and prior convictions push the exposure far higher. That said, for a first-time case full restitution paired with strong mitigation can often result in probation instead of prison.
What does the State have to prove in an Arizona fraud case?
The State must prove you knowingly obtained a benefit through false or fraudulent pretenses, representations, promises, or material omissions, as part of a scheme to defraud. The central, and most contested, element is intent — a mistake, an accounting error, or a good-faith business decision is not a crime.
Will I have to pay restitution for fraud in Arizona?
If you are convicted, yes — Arizona courts order full restitution of the alleged loss. Used strategically, a credible restitution plan paired with mitigation can move a first-time case from prison to probation, and sometimes support a reduction in charges, so establishing the true loss amount is both a sentencing and a charging defense.
Can a fraudulent schemes charge be reduced or dismissed?
Often, yes. Many of these cases are really civil business or contract disputes, and showing the absence of intent to defraud can defeat the charge or reduce a Class 2 felony to a misdemeanor. These cases are also frequently won before an indictment, when counsel can present a forensic-accounting rebuttal to the prosecutor.
Will a fraud conviction affect my professional license or immigration status?
Very likely. A fraud felony can trigger discipline or revocation for CPAs, real estate agents, securities professionals, healthcare providers, and attorneys, and it carries serious immigration consequences for non-citizens. Protecting your license and your record is often as important as avoiding jail, and is part of how we approach every case.
How Value Sets the Theft & Fraud Charge
Fraudulent schemes itself is a Class 2 felony at any amount, but the theft counts charged alongside it are graded by value. Establishing the true loss is a core defense goal.
| Value Involved | Offense Level | Felony Class | First-Offense Range* |
|---|---|---|---|
| Under $1,000 | Misdemeanor | Class 1 Misd. | Up to 6 months jail |
| $1,000 – $2,000 | Felony | Class 6 | 4 mo – 2 years |
| $2,000 – $3,000 | Felony | Class 5 | 6 mo – 2.5 years |
| $3,000 – $4,000 | Felony | Class 4 | 1 – 3.75 years |
| $4,000 – $25,000 | Felony | Class 3 | 2 – 8.75 years |
| $25,000 or more | Felony | Class 2 | 3 – 12.5 years |
*Ranges are for a first offense and vary with priors and aggravators. Note: fraudulent schemes (A.R.S. § 13-2310) is a Class 2 felony regardless of amount.
What the State Must Prove for Fraudulent Schemes
To convict you of Fraudulent Schemes under A.R.S. § 13-2310, the prosecutor must prove every one of these elements beyond a reasonable doubt. If even one fails, the charge fails.
- 1A scheme or artifice to defraud. A plan or course of conduct intended to deceive, not a single innocent mistake or a routine business deal.
- 2Knowingly. You acted with knowledge and intent to defraud, the central, and most contested, element of the charge.
- 3Obtained a benefit. You actually obtained money, property, or some advantage as a result.
- 4By means of false or fraudulent pretenses, representations, promises, or material omissions. The benefit was obtained through deception, not a legitimate transaction or a good-faith dispute.
Examples of Conduct Charged as Fraudulent Schemes
- Inflating invoices or billing a client or insurer for work never performed
- Running an investment, Ponzi, or ‘guaranteed return’ scheme
- Submitting false insurance, mortgage, or loan applications
- Embezzling funds from an employer and concealing the loss
- Using false statements to obtain credit, benefits, grants, or property
What Sentence Could You Actually Face?
Fraudulent schemes is a Class 2 felony, the second-most-serious class in Arizona. Penalties range from probation with restitution to over a decade in prison, driven by priors, loss amount, and aggravators.
Probation
First Offense, Restitution
Class 2
Presumptive Term
Class 2
With Priors
⚠ Restitution Can Be the Whole Case
In fraud cases, Arizona courts order full restitution of the alleged loss. Used strategically, a credible restitution plan, paired with mitigation, can move a first-time case from prison to probation, and sometimes support a reduction in charges. Establishing the true loss amount is therefore both a sentencing and a charging defense.
How We Fight Arizona Fraudulent Schemes Cases
Every case has weak points. These are the defenses we look at first.
Attacking Intent & the Theory
Lack of Criminal Intent. Fraud requires a knowing intent to deceive. A mistake, an accounting error, or a good-faith belief you were entitled to act defeats the charge.
A Civil Dispute, Not a Crime. Many “fraud” cases are really contract or business disputes that belong in civil court, not a criminal indictment.
Authorization & Good Faith. Where you had real or apparent authority, or reasonably relied on accountants or counsel, there is no intent to defraud.
No Benefit Obtained. If the State cannot prove you actually obtained a benefit by deception, a core element of fraudulent schemes is missing.
Attacking the Evidence
Forensic-Accounting Errors. The State’s spreadsheets are frequently wrong. Our experts re-trace the money and expose double-counting, missing context, and bad assumptions.
Unlawful Search & Seizure. Records, devices, and accounts obtained through an overbroad warrant or without proper process can be suppressed.
Insufficient or Circumstantial Proof. Fraud cases are often built entirely on inference. We hold the State to proof beyond a reasonable doubt on every element.
Statute of Limitations. Older transactions may fall outside the seven-year limitations period for fraud and cannot be charged.
The Experts We Bring to the Table
The State builds financial-crime cases with investigators, forensic auditors, and data analysts. We answer with the same caliber of specialists.
Forensic Accountants
Following the Money
Independently trace transactions, audit the State’s spreadsheets, and expose double-counting, missing context, and innocent explanations.
Certified Fraud Examiners
Intent & Scheme Analysis
Evaluate whether the conduct actually fits the charge or is an ordinary business dispute, and where the intent evidence falls short.
Computer Forensics Experts
Devices & Accounts
Examine the digital evidence, emails, logins, and IP data, and challenge whether it really proves who acted.
Financial & Data Analysts
Records & Patterns
Reconstruct the financial record from bank and accounting data and test the assumptions behind the State’s loss calculations.
Tax & Regulatory Experts
Compliance & Reporting
Explain industry practice, reporting rules, and tax treatment that the State has mischaracterized as a crime.
Valuation & Restitution Experts
Loss & Restitution
Establish the true loss amount, often far lower than alleged, which drives both the felony class and any restitution.
Recent Fraudulent Schemes Defense Results
Every case is unique and results depend on the facts, but these examples reflect how our firm handles fraudulent schemes cases across Arizona.
Fraudulent Schemes Investigation
No Charges Filed
By engaging the prosecutor early and presenting a forensic-accounting rebuttal, we showed the dispute was civil, not criminal, and no charges were ever filed.
Alleged Billing Fraud
Charges Dismissed
We established that every invoice reflected authorized work; without proof of intent to defraud, the State dismissed the case.
Mortgage-Fraud Allegation
Reduced to Misdemeanor
Good-faith reliance on a broker and lender defeated the scheme theory, reducing a Class 2 felony to a misdemeanor.
Six-Figure Fraud & Theft
Probation, No Prison
Full restitution and a detailed mitigation package resolved a Class 2 case to a probation grant, with no prison.
Investment-Scheme Investigation
No Charges Filed
We showed the investors received accurate disclosures and the losses were market-driven; the investigation closed with no charges.
Loan-Application Fraud
Charges Dismissed
Suppression of an overbroad records seizure gutted the State’s proof, and the fraud count was dismissed.
What Clients Say About Tamou Law
Real Google reviews from clients we have defended across Phoenix and Maricopa County. Every review is from a criminal defense client, never padded with non-legal work.
Clients reach us searching for the best fraud lawyer in Phoenix, a fraudulent schemes defense attorney, or help with an A.R.S. 13-2310 charge or investigation. Our Phoenix criminal defense lawyers and Scottsdale criminal defense attorneys defend fraudulent schemes and other white-collar cases across Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, Glendale, Peoria, and all of Maricopa County, from offices in both cities. This page is part of our Arizona white collar crimes practice. Call 623-321-4699 or contact our team for a free, confidential consultation, 24/7.
Arizona Fraudulent Schemes FAQs
Quick answers to the questions we hear most about fraudulent schemes charges, penalties, and defenses in Arizona.
Is fraud a felony in Arizona?
Yes. Fraudulent schemes and artifices under A.R.S. 13-2310 is a Class 2 felony, regardless of the dollar amount, making it one of the most serious non-violent charges in Arizona, on the same tier as many violent crimes.
What does the State have to prove in an Arizona fraud case?
The State must prove you knowingly obtained a benefit by means of false or fraudulent pretenses, representations, promises, or material omissions, as part of a scheme to defraud. The key element, and the most common defense, is criminal intent.
What is the difference between A.R.S. 13-2310 and 13-2311?
13-2310 (fraudulent schemes and artifices) is the broad, Class 2 felony fraud statute. 13-2311 (fraudulent schemes and practices) targets fraud against the State or a government program and is a Class 5 felony. Prosecutors sometimes charge both.
I got a target letter for a fraud investigation. What should I do?
A target letter means you are under investigation. Do not call the investigator back, do not destroy anything, and do not turn over documents. Contact a defense lawyer immediately, the pre-indictment stage is where these cases are most often won.
Can you go to jail for fraud in Arizona?
Often, yes. For first-time cases, full restitution paired with a strong mitigation package can result in probation rather than prison, and sometimes a reduced charge. Establishing the true loss amount is central to that outcome.
Is a business dispute the same as criminal fraud?
No. Criminal fraud requires a knowing intent to deceive. Many cases the State calls fraud are really contract or business disputes that belong in civil court, and showing that distinction can defeat the criminal charge.
What is the statute of limitations for fraud in Arizona?
Most felony fraud charges, including fraudulent schemes, carry a seven-year statute of limitations under A.R.S. 13-107. Transactions older than that generally cannot be charged, which can be a complete defense to older allegations.
Will a fraud conviction affect my professional license?
Very likely. A fraud conviction can trigger discipline or revocation for CPAs, real estate agents, securities professionals, healthcare providers, and attorneys. Protecting your license is often as important as the criminal case itself.
Can fraud be charged federally in Arizona?
Yes. Larger, interstate, or banking- and securities-related conduct can be charged federally as wire fraud or mail fraud, instead of or in addition to state charges. We assess the exposure on both fronts from the start.
How long do fraud investigations take?
Often months, sometimes more than a year. Investigators quietly gather bank records, emails, and forensic accounting before any charge. That long window is exactly why early defense involvement is so valuable.
Who is the best fraud lawyer in Phoenix?
At many large firms the name on the door is a marketing figurehead and your case goes to a rotating associate. At Tamou Law Group your defense is handled by a full team of experienced attorneys, not associates, including founding attorney Michael Tamou. Call 623-321-4699, 24/7.
Key Takeaways
- Fraudulent schemes (A.R.S. § 13-2310) is a Class 2 felony, regardless of the dollar amount involved, one of Arizona’s most serious non-violent charges.
- It is a catch-all fraud statute: prosecutors use it for everything from billing fraud and Ponzi schemes to mortgage, insurance, and loan fraud.
- The case hinges on intent, the State must prove you knowingly schemed to defraud, not that a deal went bad or a mistake was made.
- A related charge, fraudulent schemes and practices (A.R.S. § 13-2311), covers fraud against the State or a government program and is a Class 5 felony.
- A target letter, grand jury subpoena, or document request means you are under investigation, the most winnable stage, before charges are filed.
- Restitution and early, credible mitigation can keep many first-time fraud cases out of prison.
- Your case is handled by a full team of attorneys, not associates, including Michael Tamou, available 24/7 at 623-321-4699.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.