White-Collar Crime in Arizona - What You Need to Know

Despite the harsh penalties and serious charges faced by perpetrators, financial fraud and white-collar crimes continue to rise. In the United States alone, white-collar crimes cost the country about $300 billion each year, and they are investigated just as strictly.

But what about Arizona?

Arizona courts are very strict about white-collar crimes. While this may be good for the public, it can get tricky for the parties involved. Often, employees are unaware they’re involved in something illegal.

But there’s no need to panic. If you’re involved in a similar situation, then there are ways to get help. In this article, we’ve collected information on all things related to white-collar crime in Arizona.

Let’s jump right in!

What Is Considered a White-Collar Crime in Arizona?

The state of Arizona defines all non-violent activities that break the law as white-collar crimes. Most white-collar crimes that are illegal under federal law are also illegal under Arizona state law.

Common white collar crimes include corporate fraud, insider trading, money laundering, identity theft, bribery, forgery, and manipulating financial data or accounting software for monetary gain.

While non-violent, white-collar crimes violate both state and federal law. Hence, they are prosecuted at both levels depending on the seriousness of the crime.

Types of White-Collar Crimes in Arizona

Here are some of the white-collar crimes in Arizona that you should be aware of.

• Bank fraud
• Bankruptcy fraud
• Bribery
• Copyright infringement
• Corporate fraud
• Counterfeit cash or financial documents
• Credit card fraud
• Cybercrime
• Embezzlement
• Extortion
• Forgery
• Healthcare fraud
• Identity fraud
• Insurance fraud
• Money laundering
• Mortgage fraud
• Ponzi schemes
• Racketeering
• Securities fraud
• Stock violations
• Tax fraud
• Welfare fraud

And more.

As technology develops, society advances, and the scope for white-collar crimes widens. It can be challenging to keep up with the crimes being committed across different industries in Arizona.

Investigation of Arizona White-Collar Crime

White-collar crime investigations are usually undertaken by the following agencies.

• Internal Revenue Service (IRS)
• Federal Bureau of Investigation (FBI)
• Securities and Exchange Commission (SEC)
• National Association of Securities Dealers (NASD)

If you’re charged on the state level, the case will be investigated by the following authorities within the Arizona government:

• Bank authorities
• Financial regulators
• Tax authorities

When a person is charged with a white-collar crime, their superiors are likely working with the authorities to conduct the investigation. This is because the higher-ups in a company are expected to have more information and access to sensitive data.

Who Are the Suspects of White-Collar Crimes?

Since the nature of white-collar crime is unlike any other, the investigation process is complex and drawn out. The suspects are also different based on the criminal activity.

Here’s an example: If the crime is categorized as corporate fraud, then the company’s financial department may come under scrutiny. All high and low-level team members may be interrogated during the investigation process. By definition, all of the employees are suspects of the crime.

How to Build a Defense Strategy?

1. Speak With an Arizona Criminal Defense Lawyer

If you’re facing charges for committing a white-collar crime in Arizona, you must speak with a criminal defense attorney as soon as possible. Make sure to avoid speaking to anyone else, such as coworkers or employers, until you talk to an attorney. Remember that anything you speak about may be used against you.

An attorney will go through the details of the charges, evidence against you, and your side of the story. Depending on all this information, they will advise you on the best course to take moving forward. Only an attorney can truly understand the details of your situation and help you negotiate a plea bargain.

According to the US Constitution, you are guaranteed these rights if you’re charged with a white-collar crime:

• The right to remain silent
• The right to have an attorney present

Note: Don’t delete or shred any files or papers, as this can also be used against you later.

2. Discuss Defense Strategies to Use

Under certain circumstances, your attorney may advise you to use the following defense strategies. Note that they can only be used once you admit to having committed the crime.

Lack of Intent

In some cases, the defendant isn’t aware they’re doing something illegal, yet engage in it due to their employer’s instructions. The attorney can pursue a defense proving lack of intent.

Incapacity

Incapacity proves that the defendant did commit the crime but didn’t have the physical or mental capacity to understand that what they did was illegal.

Intoxication

This is a defense strategy that makes a case if the defendant was intoxicated when committing the crime. Due to the effects of alcohol, the defendant did not have complete control over their actions. This gives the defendant some relief.

Insufficient Evidence

If there is insufficient evidence against the defendant that can’t convict them of the crime, the attorney can use it as a defense.

Entrapment

Entrapment can be used as a defense strategy when the defendant was induced to commit the crime.

Unlike a few other states, entrapment is a legal defense in Arizona. However, the defendant has to first admit to the crime. The defendant must also prove that the following are true:

• That law enforcement officers or agents initiated the idea of committing an offense
• That the defendant was induced into committing the crime
• That the defendant wasn’t predisposed to commit the crime without induction

Non-Fraudulent Statement or Misrepresentation

The defense of misrepresentation is used when the defendant is accused of making a false statement to affect the accusing party’s decision. Such defenses can be challenged by the defendant proving that their statements weren’t fraudulent.

Victim Strategy

By proving that a group of people was involved in committing the crime, the defendant can reduce the amount of restitution. In some instances, the charges against the defendant may also be dropped.

Trial Process for White-Collar Crimes in Arizona

If a plea bargain is not reached, the case will be turned over to the local court. The investigation and discovery process is initiated to prepare all parties for the trial.

Once the trial begins, your attorney will have to defend your case according to the evidence presented by the prosecution.

Penalties for White-Collar Crimes in Arizona

The type of crime and its severity will determine the penalty faced by those convicted. In Arizona, the penalties might also be decided based on how they are classified by the Arizona Statutes.

Other factors that may influence the penalty include:

• Prior convictions of the defendant
• Amount of money involved in the case
• Age of the victims
• Number of people that were defrauded
• The mental condition of those defrauded

Most white-collar crimes in Arizona are classified as felony offenses. Therefore, those convicted of a white-collar crime could be charged a hefty fine, serve time in prison, perform community service, and more. Those convicted of misdemeanor white-collar crimes often have to serve time.

In some cases, white-collar criminals are instructed by the state to pay a restitution fine to the victim. This is a payment to compensate for the losses the victim has suffered due to the defendant’s actions.

Consequences

Being convicted of a white-collar crime means you’re guilty of committing fraud. Due to this indelible mark on your criminal record, no employer might want to hire you in the future.

If you are convicted of a white-collar crime, then your future opportunities will be seriously affected. You might end up spending time in jail. If you do not have to serve time, you may not be able to find employment.

In Conclusion

That’s all you need to know about white-collar crime in Arizona and how the investigation, trial, and sentencing will follow.

We hope this Information can help you prepare for an effective defense against a white-collar criminal charge in Arizona.

Call the Mesa Criminal Lawyer criminal law team at at (480) 568-3999 to get expert-level legal help with your case.