Category: White Collar Crimes

7 Frequently Asked Questions About Criminal Seizure and Asset Forfeiture

Asset forfeiture occurs when the government claims someone has profited from criminal activity.  The government will then attempt to seize the proceeds of that criminal conduct.  However, law enforcement often seizes money and property well beyond what the law allows.  Common scenarios include a person who was not involved in a crime yet has their property taken; or when there…

The Growing Number of Arizona Telemarketing Fraud Cases

According to the United States Department of Justice “Telemarketing Fraud” is: 

any scheme to defraud in which the persons carrying out the scheme use[s] the telephone as their primary means of communicating with prospective victims and trying to persuade them to send money to the scheme. 

Arizona has a unique history with the telemarketing industry. Many of the…

What is the Crime of Burglary in Arizona?

Burglary is defined as entering onto the property of another with the intent to commit any theft or any felony thereon.  In Arizona, there are three separate degrees of burglary.

As defined in A.R.S. 13-1506, a person commits a third degree burglary by “entering or remaining unlawfully in or on a nonresidential structure or in a fenced commercial or residential…

What is the Amount of Prison an Arizona Criminal Conviction Requires?

Arizona criminal convictions can result in many different penalties.  Some convictions require mandatory prison.  Some convictions may result in merely a term of probation.  While other convictions can result in both a term of probation and a term of jail.  Above is a partial copy of the Arizona Supreme Court’s Sentencing chart that shows the general sentencing ranges for a criminal…

What is the Crime of Fraudulent Schemes in Arizona?

The crime of Fraudulent Schemes is codified in A.R.S. Section 13-2310.  This crime requires proof that a person:

• Pursuant to a scheme or artifice to defraud;
• Knowingly obtains;
• Any benefit by means of false or fraudulent pretenses, representations, promises or material omissions

A person convicted of Fraudulent Schemes is guilty of a class 2 felony.  Furthermore, reliance…

When Gerry Spence Speaks – I Listen!

It is undisputed that Gerry Spence is one of, if not the, best trial attorneys on planet earth.  I don’t care what he is talking about, I am listening.

Mr. Spence represented a man named Brandon Mayfield. Mayfield, an American Lawyer, was accused of being connected with the deadly train bombing in Madrid, Spain. As it turns out, he was…

Why Defend A Criminal?

All criminal defense attorneys are asked the above question.  However, the answer will surely not be the same for every attorney.  Below noted criminal defense attorney Thomas Mesereau discusses the subject.  The next time I am asked the question “why do you defend criminals” I will simply adopt his answer.  Here it is:

I Posted My Bail – So Why Won’t They Let Me Out of Jail?

So you posted your bond, you are ready to be released…ready to go home, but you are told the government will not let you go free until you have a Nebbia hearing.  In frustration, you ask “what is a Nebbia hearing?” 

What is a Nebbia hearing?

A Nebbia hearing, named after the case of U.S. v. Nebbia, 357 F.2d 303 (C.A.N.Y.…

What is Forgery in Arizona?

A person commits forgery in Arizona if, with intent to defraud, the person:

• Falsely makes, completes or alters a written instrument; or
• Knowingly possesses a forged instrument; or
• Offers or presents, whether accepted or not, a forged instrument or one that contains false information.

In addition, the possession of five or more forged instruments may give rise to…

Resources for Arizona Theft Crimes

Below is a list of resources that provide useful information regarding theft crimes.

• Federal Trade Commission: The U.S. Government’s central Web site for information about identity theft includes government reports and Congressional testimony, law enforcement updates, consumer alerts, and links to other sites with helpful information.
• U.S. Secret Service Financial Crimes Division: The Secret Service investigates crimes associated with financial

…