Hi I’m David Cantor with the Law Offices of
David Michael Cantor and today what i’m going to be talking about is Fraudulent
Schemes and Artifices, sometimes just call
Fraud Schemes. In Arizona, a person be charged with fraud schemes
if they knowingly obtain a benefit through a scheme or artifice, by
means of falsities or material omissions and this includes
honest services fraud that means you get paid and you basically stolen somebody’s money you’ve
lied to them or you’ve left out the fact. The punishment for true fraud
schemes can be probation with anywhere from zero days in jail up to a year in jail or prison in
three-and-a-half to twelve point five years now if the fraud
involves a benefit that was received by a hundred thousand
dollars or more, by statute there can be no probation. That means it has to be three to twelve
point five years in prison. Very serious charge, now the defense’s 1 there was no fraud, no fraud at all, that
means no this is legitimate and there was just a change
in the market somebody lost money the others at the alleged victim
consented to the deal which didn’t work out they knew the risk
consented and there was no material omission also there’s mutual misunderstanding two
people are talking about two different things and somebody feels like well I was
defrauded all many times we see the defense where an
employee was set up by an employer or their partner what
does this mean told hey instead to be paying you this
may have to pay payroll taxes use a company check write
a check for your own car every month we’ll do it out of the company funds
and that’ll be part of your benefits package and then when things go
wrong the employer will claim I didn’t give permission for those
checks to be written when in reality they did give permission or partner will say, I never told my partner he could take
money out when in fact he did say go ahead take out some money use it for that
they’ll be part of your compensation now many times we resolve these types of
cases with a civil settlement that means we get in there and negotiate an
amount of money with the payment plan we can then go to the detectives and say
wait a second don’t charge this person we’ve resolved this, it’s really a civil
case, or even after the charge were saying to the prosecution this is not a true
crime this is the civil case in fact we have a civil release and the
alleged victim has been compensated they no longer wish to seek no aid in
prosecution still up to the state whether they
dismiss but it goes a long way we’ve had lots of success on these types of
cases, you can go to our website check out our victory section now if this situation applies to you, a family
member or loved one either give us a call or go to our
website at DMCantor.com contact us and we’ll set you for free
initial consultation and we’ll see what we can do for you.