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Scottsdale White Collar Crimes Lawyer | Fraud & Theft

Scottsdale White Collar Crimes Lawyer | Fraud & Theft

Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

5.0 · Criminal Defense

Fraud, forgery, embezzlement, and identity-theft charges in Scottsdale are document-and-intent cases won long before trial. Here’s how we defend them.

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Michael Tamou, Arizona criminal defense attorney

Michael Tamou

Founding Attorney · Criminal Defense

★★★★★ 5.0 · Criminal Defense

Written and legally reviewed by Michael Tamou, Founding Attorney of Tamou Law Group, PLLC.

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Recognized By

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What Is a White Collar Crime in Scottsdale?

A Scottsdale white collar crimes lawyer defends financially motivated felonies — fraud, embezzlement, forgery, identity theft, and money laundering. In Arizona these are almost always felonies prosecuted in Maricopa County Superior Court, and a fraudulent scheme under ARS 13-2310 is a class 2 felony. Early defense counsel is critical before you speak with investigators.

“White collar crime” is not a single charge you will find in the Arizona Revised Statutes. It is a category — a shorthand for financially motivated, non-violent offenses that turn on documents, money movement, and what someone intended when they signed, transferred, or represented something. In an affluent Scottsdale business and finance community, that covers a lot of ground: an investment deal that collapsed, a bookkeeper accused of skimming, a real-estate transaction the state calls a fraud, a credit card used without authorization, a business account the government labels a laundering conduit.

What these cases share is stakes and complexity. Most are felonies, most are prosecuted by the Maricopa County Attorney’s Office in Superior Court (some by federal prosecutors), and nearly all rest on a long, document-heavy investigation that was underway before you knew about it. This page is the hub for how Tamou Law Group defends them — if you are facing a specific charge, start with our Scottsdale criminal defense overview and Scottsdale theft crimes guide.

A white collar crime is a non-violent offense committed for financial gain through deception, concealment, or breach of trust. Unlike a street crime, there is usually no eyewitness and no physical altercation — the evidence is bank records, emails, contracts, ledgers, and spreadsheets. The government’s theory is almost always the same at its core: that you obtained money or property you were not entitled to, and that you did so knowingly, with intent to defraud.

In practice, the Scottsdale cases we see cluster into a handful of categories: fraud (investment, mortgage, insurance, securities, and general schemes), embezzlement and theft by an employee or fiduciary, forgery of instruments and signatures, identity theft and its aggravated form, credit card fraud, and money laundering that layers on top of an underlying financial crime. Each maps to a specific statute with its own elements and felony class — which is why the label matters far less than the code section actually charged.

The Key Arizona White Collar Statutes

These are the Arizona Revised Statutes that drive most Scottsdale white collar prosecutions. Every one below is a felony in its ordinary form, and each links to the official statute at azleg.gov so you can read the elements yourself.

  • Fraudulent schemes and artifices — A.R.S. 13-2310. Arizona’s flagship fraud statute. Knowingly obtaining any benefit by means of false or fraudulent pretenses, representations, promises, or material omissions. It is a class 2 felony, and notably the statute says the victim’s reliance is not a required element.
  • Theft (including embezzlement) — A.R.S. 13-1802. Covers converting property entrusted to you — the classic employee or fiduciary embezzlement fact pattern. The felony class rises with the dollar value taken.
  • Forgery — A.R.S. 13-2002. Falsely making, completing, or altering a written instrument, or knowingly possessing or passing a forged instrument, with intent to defraud. A class 4 felony in the standard case.
  • Taking the identity of another — A.R.S. 13-2008. Using another person’s or entity’s identifying information without consent to commit an unlawful act or cause loss. A class 4 felony.
  • Aggravated taking of identity — A.R.S. 13-2009. The elevated form — three or more victims, economic loss of $1,000 or more, or identity used to obtain employment. A class 3 felony.
  • Money laundering — A.R.S. 13-2317. Moving, concealing, or making available the proceeds of racketeering or unlawful activity. Graded by degree: first degree is a class 2 felony, second degree a class 3 felony, and third degree a class 6 felony.
  • Fraudulent use of a credit card — A.R.S. 13-2105. Using a stolen, forged, or unauthorized card. It becomes a class 6 felony at $250 or more, and a class 5 felony at $1,000 or more, in any consecutive six-month period.

Charges, Felony Classes & Penalties

The single most important number in any white collar case is the felony class, because that class — combined with your criminal history and any aggravating or mitigating factors — sets the sentencing range. The table below summarizes how Arizona grades the core offenses. Notice that dollar value drives theft, and that a fraudulent scheme is a class 2 felony regardless of amount.

Arizona White Collar Felony Classes

A.R.S. 13-2310 · 13-1802 · 13-2002 · 13-2008 · 13-2009 · 13-2317

Fraudulent schemes & artificesObtaining benefit by fraud — any amount
Class:Class 2 Felony
Statute:ARS 13-2310
Theft / embezzlementGraded by value taken
Class:Class 2 to Class 6 Felony
Statute:ARS 13-1802 — $25,000+ is class 2; under $1,000 a class 1 misdemeanor
Money laundering — first degreeOrganizing or financing the operation
Class:Class 2 Felony
Statute:ARS 13-2317 (2nd degree class 3, 3rd degree class 6)
Aggravated identity theft3+ victims, $1,000+ loss, or employment
Class:Class 3 Felony
Statute:ARS 13-2009
Forgery · Identity theftStandard, single-instrument case
Class:Class 4 Felony
Statute:ARS 13-2002 · 13-2008
Fraudulent use of a credit cardPer consecutive six-month period
Class:Class 6 or Class 5 Felony
Statute:ARS 13-2105 — class 6 at $250+, class 5 at $1,000+
Felony classes are set by statute; the actual prison range depends on your criminal history and aggravating or mitigating factors. Fraudulent schemes and money laundering involving $100,000 or more carry mandatory-prison enhancements under ARS 13-2310 and 13-2317. Do not assume a range from the class alone — ask a lawyer about your exposure.

Why Scottsdale Sees These Cases

Scottsdale’s economy is exactly the environment where white collar allegations arise. It is a hub of finance, real estate, private investment, medical and professional practices, and closely held businesses — and where there is money and trust, there are disputes that the state can recast as crimes. Three patterns come up again and again in our Scottsdale caseload.

Real-estate and investment fraud allegations

Scottsdale’s real-estate and private-capital markets generate deals with big numbers and lots of paperwork. When a development stalls, an investment underperforms, or a partner feels misled, the disappointed party often goes to law enforcement, and a business dispute becomes a fraudulent-schemes investigation under ARS 13-2310. The line between an aggressive but lawful deal and a criminal misrepresentation is exactly what these cases fight over.

Employee and fiduciary embezzlement

Bookkeepers, office managers, controllers, and business partners hold the keys to company accounts. An internal audit or a forensic accountant’s report showing unexplained transfers frequently triggers a theft or fraudulent-schemes referral. Because embezzlement is charged under the theft statute, the alleged dollar amount — often built by adding up months of transactions — can push the case into the most serious felony classes.

Professionals and businesses with something to lose

For a licensed professional or business owner, the criminal case is only half the danger. A charge can trigger licensing board action, civil suits, and reputational fallout in a tight Scottsdale community. That is why the defense strategy has to account for far more than the courtroom — and why early, quiet intervention matters so much.

State Court, Superior Court, or Federal?

Most Scottsdale white collar cases are felonies filed by the Maricopa County Attorney’s Office and heard in Maricopa County Superior Court, not in a city court. That distinction matters: felony fraud, embezzlement, forgery, and money laundering are beyond the jurisdiction of the Scottsdale City Court, which handles misdemeanors and initial matters. If you want to understand the lower court’s limited role and how a case begins, see our guides on the Scottsdale City Court and what happens after a Scottsdale arrest.

Some financial crimes are charged federally instead — wire fraud, mail fraud, bank fraud, federal money laundering, and tax offenses land in the U.S. District Court for the District of Arizona. Whether a case goes state or federal usually turns on who investigated it (local detectives vs. the FBI, IRS-CI, or Secret Service), whether interstate wires or the mail were used, and the scale of the alleged loss. The defense approach differs in each forum, so identifying the venue early is one of the first things we do. For the firm’s broader financial-crime resources, see our Phoenix white collar crime practice information.

What the Investigation Looks Like

White collar investigations are long and document-driven, and that changes everything about how you should respond. Where a street crime is investigated in hours, a fraud or embezzlement case is often built over many months — through bank subpoenas, business records, forensic accounting, email and device extractions, and interviews of employees, partners, and “witnesses” who may themselves be targets. By the time you are aware of it, the government may already have a warehouse of documents.

You usually get a signal before an arrest: a grand jury subpoena, a target or witness letter, a detective’s request to “come in and talk,” an auditor’s pointed questions, or a search warrant. Each is a moment where the case can be shaped — for better or worse. The most damaging mistakes happen in this window: producing documents without reviewing them for privilege, answering questions to seem cooperative, sending an “explanation” email, or — catastrophically — deleting or altering records, which can add an obstruction charge on top of everything else.

⚠️ Warning: Never delete emails, files, texts, or accounting records once you suspect an investigation — and never “tidy up” the books. Destroying or altering evidence can turn a defensible case into a certain one and add separate felony charges. Preserve everything, say nothing, and let your attorney control what is produced.

How Prosecutors Prove Intent to Defraud

Almost every white collar statute requires that you acted knowingly and with intent to defraud. That intent is the battleground, because the underlying acts — signing a document, moving money, sending an invoice — are often undisputed and even routine business conduct. The fight is over what they meant.

Prosecutors rarely have a confession, so they build intent from circumstantial evidence: the timing of transfers, patterns across transactions, inconsistencies between representations and internal records, personal financial pressure, concealment, and — most powerfully — the defendant’s own statements to investigators or in emails. That is why what you say and produce early is so decisive: a single “I know how it looks” message can become the state’s Exhibit 1. Every one of these inferences is contestable, and defeating the intent element is often the whole case.

Defenses to White Collar Charges

Because these cases turn on intent and interpretation rather than a violent act, they present distinct defenses that simply do not exist in most criminal matters. The right combination depends on the statute and the facts, but these are the ones that decide Scottsdale white collar cases.

Lack of intent to defraud

The most important defense in the category. If the government cannot prove you acted knowingly and with intent to deceive, a fraud, forgery, or identity-theft charge fails. A failed deal, an optimistic projection that did not pan out, a genuine business loss, or an honest disagreement is not fraud. Establishing a good-faith business purpose for the conduct directly negates the element the state most needs.

Good faith and authorization

Many embezzlement and credit-card cases collapse on authorization. If you had actual or reasonably believed authority to spend, transfer, or use the funds or account — an owner’s draw, a compensation arrangement, a course of dealing the company had accepted for years — then the “theft” was authorized conduct, not a crime. Good-faith reliance on an accountant, attorney, or the company’s own practices is closely related and powerful.

Accounting and valuation disputes

Because felony classes and loss enhancements are driven by dollar amounts, the number itself is a defense. The state’s loss figure is often an aggregate assembled by an investigator, and it can double-count, include legitimate transactions, ignore offsets and repayments, or misvalue property. A defense forensic accountant who drives the true figure below a threshold can reduce the felony class — sometimes dramatically.

Challenging the paper trail

These cases are only as strong as the documents behind them. We test authentication and chain of custody, who actually authored or authorized each record, whether digital metadata supports the state’s timeline, and whether the records were gathered lawfully. Gaps, ambiguities, and unreliable business records can undermine the government’s narrative or support suppression.

Restitution and civil resolution

Where exposure is real, resolving the financial harm changes the conversation. Arranging restitution, or resolving the underlying dispute civilly, can support a reduced charge, a non-prison resolution, or in the right case a declination — particularly for a first-time offender with an otherwise clean record. Restitution is leverage in negotiation, not an admission of guilt, and it must be structured carefully with counsel.

Key takeaway: Arizona white collar charges are almost always felonies — a fraudulent scheme under ARS 13-2310 is a class 2 felony — and they are built over months from documents and money movement. They also turn on intent and dollar amounts, both of which are contestable. The earlier a lawyer is involved, before you talk or hand over records, the more of the case can still be shaped.
Our Defense Team

The Experts We Bring to White Collar Cases

A financial-crime case is won on numbers, documents, and money movement — so we build a team around those questions. These are the specialists we bring in to dismantle the state’s paper trail and its loss figure.

Forensic Accountants

The Loss Figure

Rebuild the transactions from the source records, expose double-counting and ignored offsets or repayments, and drive the true loss below the thresholds that set the felony class and mandatory-prison enhancements.

Digital Forensics Examiners

Emails, Devices & Metadata

Analyze phone and computer extractions, email headers, and file metadata the state calls proof of intent — challenging authorship, dates, deletion claims, and whether the records were collected lawfully.

Search & Subpoena Analysts

How Records Were Obtained

Scrutinize how the government seized business records, devices, and accounts — warrant scope, subpoena overreach, and privilege — to suppress evidence that was gathered unlawfully.

Handwriting & Document Examiners

Forgery & Authentication

Test signatures, alterations, and questioned documents at the heart of a forgery charge — and challenge whether the state can actually authenticate the instruments it relies on.

Valuation & Real-Estate Experts

What the Deal Was Worth

Establish the real value behind an investment or real-estate transaction to counter the “fraud” narrative — showing a legitimate business basis, not a scheme to defraud.

Mitigation Specialists

Character & Resolution

Build the restitution plan and character record — clean history, community standing, treatment where relevant — that supports a reduced charge, diversion, or a non-prison resolution.

How Tamou Law Group Defends White Collar Cases

The work starts the moment you suspect an investigation — ideally before any charge is filed. We step between you and investigators so nothing you say or produce becomes evidence, respond to subpoenas on your terms with privilege protected, and get in front of the prosecutor while the case is still being shaped. In white collar matters, the pre-charge window is often where the case is truly won: a declination, a reduced charge, or a favorable framing of the loss figure is far easier to secure before an indictment than after.

From there we attack the two things the state needs most — intent and the dollar amount. We put our forensic accountants against the government’s loss figure, test every document for authorship and authenticity, challenge how records were seized, and build the good-faith and authorization story the paper trail actually supports. Our team includes former prosecutors, law enforcement officers, and public defenders who have handled financial cases from every side. Call 623-321-4699 for a confidential consultation, or start with our Scottsdale criminal defense and Scottsdale theft crimes guides.

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Common Questions

Frequently Asked Questions

Is white collar crime a felony in Arizona?

Almost always. Fraud, embezzlement, forgery, identity theft, and money laundering are charged as felonies in Arizona. A fraudulent scheme under ARS 13-2310 is a class 2 felony — among the most serious classes. Only low-value theft under $1,000 is a class 1 misdemeanor. Most Scottsdale cases are felonies in Superior Court.

What is the most common white collar charge in Scottsdale?

Fraudulent schemes and artifices under ARS 13-2310 and theft or embezzlement under ARS 13-1802 are the most common. Scottsdale’s finance, real-estate, and small-business economy produces investment-fraud allegations and employee-embezzlement cases, which often carry forgery, identity-theft, or money-laundering counts alongside them.

What is the penalty for fraud in Arizona?

A fraudulent scheme under ARS 13-2310 is a class 2 felony regardless of the amount involved. The prison range depends on your criminal history and aggravating or mitigating factors, and schemes involving $100,000 or more carry a mandatory-prison enhancement with no probation or early release until the sentence is served.

Will a white collar case be charged in state or federal court?

Most Scottsdale white collar cases are filed by the Maricopa County Attorney in Superior Court. A case may go federal — wire fraud, bank fraud, or federal money laundering — when it involves interstate wires or mail, federal agencies like the FBI or IRS, or a very large loss. Identifying the forum early shapes the whole defense.

The police want to talk to me about a financial matter. Should I?

No. Politely decline and call a lawyer first. In white collar cases the state usually lacks a confession and builds intent from your own statements. An interview meant to “clear things up” often becomes the strongest evidence against you. Say nothing and let your attorney handle all communication with investigators.

I got a grand jury subpoena for business records. What do I do?

Do not produce anything yet, and do not alter or delete records. A subpoena means an investigation is active, and how you respond can protect or damage you. A lawyer reviews the documents for privilege, negotiates the scope, and controls what is produced. Destroying records can add a separate obstruction charge.

Can restitution make a white collar charge go away?

Restitution does not automatically dismiss a case, but resolving the financial harm is powerful leverage. It can support a reduced charge, diversion, or a non-prison resolution — especially for a first-time offender. Restitution is a negotiating tool, not an admission of guilt, and it must be structured carefully with your attorney.

How long do white collar investigations take?

Months, and sometimes over a year. Because these cases are built from subpoenaed bank and business records, forensic accounting, and device extractions, the investigation is usually well underway before you are aware of it. That long timeline is also an opportunity — early defense counsel can influence charging decisions before an indictment is filed.

What defenses work against an embezzlement charge?

Authorization and good faith are central — if you had actual or reasonably believed authority to use the funds, it was not theft. Lack of intent, accounting and valuation disputes that shrink the loss figure below a felony threshold, and challenges to the reliability of the business records all commonly defeat or reduce embezzlement charges under ARS 13-1802.

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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.