hi i'm david cantor with the law offices ofdavid michael cantor and today what i'm going to be talking about is fraudulentschemes and artifices, sometimes just callfraud schemes. in arizona, a person be charged with fraud schemesif they knowingly obtain a benefit through a scheme or artifice, bymeans of falsities or material omissions and this includeshonest services fraud that means you get paid and you basically stolen somebody's money you'velied to them or you've left out the fact. the punishment for true fraudschemes can be probation with anywhere
from zero days in jail up to a year in jail or prison inthree-and-a-half to twelve point five years now if the fraudinvolves a benefit that was received by a hundred thousanddollars or more, by statute there can be no probation. that means it has to be three to twelvepoint five years in prison. very serious charge, now the defense's 1 there was no fraud, no fraud at all, thatmeans no this is legitimate and there was just a changein the market somebody lost money
the others at the alleged victimconsented to the deal which didn't work out they knew the riskconsented and there was no material omission also there's mutual misunderstanding twopeople are talking about two different things and somebody feels like well i wasdefrauded all many times we see the defense where anemployee was set up by an employer or their partner whatdoes this mean told hey instead to be paying you thismay have to pay
payroll taxes use a company check writea check for your own car every month we'll do it out of the company fundsand that'll be part of your benefits package and then when things gowrong the employer will claim i didn't give permission for thosechecks to be written when in reality they did give permission or partner will say, i never told my partner he could takemoney out when in fact he did say go ahead take out some money use it for thatthey'll be part of your compensation now many times we resolve these types ofcases with a civil settlement
that means we get in there and negotiate anamount of money with the payment plan we can then go to the detectives and saywait a second don't charge this person we've resolved this, it's really a civilcase, or even after the charge were saying to the prosecution this is not a truecrime this is the civil case in fact we have a civil release and thealleged victim has been compensated they no longer wish to seek no aid inprosecution still up to the state whether theydismiss but it goes a long way we've had lots of success on these types ofcases, you can go to our website
check out our victory section
car hire kos,now if this situation applies to you, a familymember or loved one either give us a call or go to ourwebsite at dmcantor.com contact us and we'll set you for freeinitial consultation and we'll see what we can do for you.
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