How Do I Find a Fraud Defense Attorney?
If you have been charged with fraud by the State of Arizona or the United States government, the ramifications are enormous. The stigma alone of being charged with a crime, especially one with the connotations that fraud brings, can impact your job, your livelihood, your family and your future. Even being investigated for a crime such as fraud is something we all wish we never have to deal with.
If you are faced with a charge, indictment or investigation concerning fraud, you need an experienced criminal defense attorney at your side from beginning to end. Remember that many fraud investigations involve a government “net” that often catches innocent people in its web, and that you are innocent until proven guilty. At the Law Office of David A. Black, we know how to deal with investigations and charges of fraud, and we are eager to be your advocate and your guide throughout this fear-provoking process.
The crime of fraud includes a myriad of allegations covering numerous types of transactions. Generally, the essential elements of fraud are (1) a knowing misrepresentation (including a material omission) (2) by which a person obtains a benefit. It is not necessary that the benefit be in money, and the crime may or may not include a requirement that someone rely upon the misrepresentation or omission. Under Arizona law, for example, A.R.S. 13-2310 defines fraud in simple terms, stating that anyone who perpetrates a scheme to defraud, or who knowingly obtains any benefit through the use of false or fraudulent pretenses, promises or material omissions, is guilty of fraud, a class 2 felony.
Types of Fraud Cases and Investigations
The range of fraud charges that may be brought on the state or federal level is substantial. In addition to a simple fraud case involving only a couple of individuals, with no government connection, they include, among others:
- Medicare Fraud. Usually requires a knowing false statement or a misrepresentation that is material to one’s entitlement to or payment under the Medicare program.
- Mail Fraud. Any scheme to defraud another of money or property, when the scheme involves the use of the mails. This crime specifically requires the intent to defraud,
- Tax Fraud. This often consists of a willful and intentional falsification of information on a tax return in order to limit the amount of a person’s or a business’ tax liability. It may involve underreporting of income or overstating deductions.
- Fraudulently obtaining government benefits, such as food stamps, welfare or unemployment benefits.
- Securities Fraud. There are many classifications of securities fraud. They include, among other crimes, violations of the various Federal securities statues, violation of state Blue Sky laws, internet fraud relating to securities, insider trading, accounting fraud, and Ponzi schemes.
- Bank Fraud. The range of bank fraud charges includes money laundering, check kiting, obtaining fraudulent loans, and check forgery, among others.
- Mortgage Fraud. Crimes involving mortgage fraud include falsely inflating one’s income and/or assets on a mortgage application, and inflating an appraisal to increase the amount of a mortgage loan.
Each of these crimes has different elements, and each requires different proofs by the government. You need legal representation by an attorney who has the knowledge, experience and drive to cut through the paper and present your options to you in a clear and understandable manner; someone who will be your guide and your advocate as you seek the best possible result in your case.
Phoenix Fraud Defense Lawyer
Defending a fraud charge can be a complicated process, one in which you need an experienced Phoenix attorney who will put all the necessary effort into your defense. At the Law Office of David A. Black, we specialize in criminal defense matters. Mr. Black, a former prosecutor, has the experience and dedication necessary to provide you with an aggressive and intelligent defense to a charge of fraud. Call (480) 280-8028 today for a free consultation.
If you are accused of fraud while in the state of Arizona, you need to contact a Phoenix fraud attorney today by dialing (480) 280-8028.