The term “white collar crime” is thought to have been coined in 1939. It can refer to any of an extensive range of frauds committed by professionals, particularly in business and government. The primary distinguishing attribute of white collar crimes is that they do not involve violence. Instead, perpetrators of white collar crimes use tricks and lies to accomplish their goals.
White collar crimes can be motivated by any of the following:
White collar crime includes a broad scope of criminal activities in various categories. Let's discuss a few of the most prevalent kinds of white collar crime.
Corporate fraud is one of the FBI’s top priorities. Many of these cases involve accounting schemes meant to trick investors, auditors, and analysts about a corporation or other business entity’s actual financial situation. For example, the company's share price can be artificially inflated by manipulating economic data provided to potential investors.
Corporate fraud white collar criminal activities include:
Money laundering is a process that allows someone to conceal or disguise money obtained through criminal activities, making it seem to originate from a legitimate source. While there are various money laundering methods, they all have the same goal: turning “dirty” money from criminal enterprises into “clean” money that is no longer associated with its illegal origins.
Money laundering is typically associated with crimes that involve financial gain or require significant funding, such as:
In the 1946 case SEC v. W.J. Howey Co., the Supreme Court of the United States defined securities as any type of investment where "a person invests his money in a common enterprise and is led to expect profits solely from the efforts of the promoter or a third party." Common types of securities include stocks, bonds, and credit default swaps.
On the other hand, commodities are investments where buyers agree to purchase goods before they actually exist. The investor will pay a set price, and then the goods will be delivered much later when (ideally) the goods will be worth much more. Metals, grains, and oil are frequently-traded commodities.
As investing in securities and commodities has become more prevalent, so have white collar fraud schemes. Common white collar crimes involving securities and commodities include:
International, national, or regional schemes related to organized crime or involving complicated investigations are usually be handled by the Federal Bureau of Investigations (FBI) and prosecuted by the federal government.
White collar crimes are often prosecuted in federal court because they frequently involve interstate transactions. When criminal activities cross state lines, the federal government has jurisdiction over the offense and is allowed to prosecute. Since federal agencies often have more resources than state or county prosecutor’s offices, it is easier for the federal government to pursue these complicated cases.
However, Arizona state laws also criminalize many white collar offenses. In its various forms, fraud is commonly prosecuted in state court instead of the federal court when all of the criminal activity occurred within the state. In Arizona, fraud crimes are charged under Arizona Revised Statutes Title 13 Section 2310, Fraudulent Schemes and Artifices.
In Arizona, the fraudulent schemes and artifices statute is comprehensive in scope and encompasses a wide variety of white collar crimes.
The statute states that:
“Any person who, pursuant to a scheme or artifice to defraud, knowingly obtains any benefit by means of false or fraudulent pretenses, representations, promises or material omissions is guilty of a class 2 felony.”
“Scheme or artifice to defraud" is defined as “a scheme or artifice to deprive a person of the intangible right of honest services,” which is not all that helpful if you don’t know already know what a “scheme” or “artifice” is. According to Merriam-Webster, a "scheme" is "a plan or program of action, especially a crafty or secret one," and an "artifice" is a "trick" or a "false or insincere behavior."
So, in other words, the fraudulent schemes and artifices statute covers any white collar crime where someone intentionally misleads another person to gain some material benefit as part of a plan. We usually just refer to these sorts of crimes as "fraud.”
The word "fraud" is used to describe a broad range of crimes. Fraud can be perpetrated in different sectors, but it usually involves financial deals, real estate sales and purchases, investments, and liability claims.
Common types of fraud that can be prosecuted under Arizona’s fraudulent schemes and artifices statute include:
Some fraudulent schemes are more commonly referred to as “scams,” and frequently target the elderly. Scams also often involve the use of the internet or email.
Common types of scams in Arizona include:
For more information about each of these offenses, visit the FBI’s list of common scams and crimes.
The fraudulent schemes and artifices statute makes fraud a Class 2 felony offense, with potential penalties ranging from probation to 12.5 years in prison. People with a criminal history can face more severe charges and harsher penalties.
Other factors that may influence sentencing include:
Suppose you've been arrested for a while collar crime in Arizona. In that case, whether it is fraud or another offense, you should consult with an experienced criminal defense attorney as soon as possible. A skilled criminal lawyer will be able to review your situation’s facts and circumstances to determine which defenses are available to you and present your case in the best possible light.
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