Fraud and White Collar Crimes

Note: The law office of Michael Terribile offers the following information as a general description of acts that Arizona laws are designed to address. This list does not include every act that would violate the laws of Arizona, but is provided as a sampling of those acts. The descriptions are not intended as legal definitions of the crimes. Additionally, laws differ from state to state. Contact Mr. Terribile, an experienced criminal defense lawyer, to address any questions about acts that could be prosecuted as criminal offenses.

Theft of a credit card or obtaining a credit card by fraudulent means is the act of being in control of someone else’s credit card without that person’s permission, or selling or giving that card to another person with the intent that it be used to commit a fraud.

Forgery of a credit card is the act of altering a credit card or making a false credit card with the intent to defraud; or signing a credit card receipt using the name on the card with the intent to defraud.

Fraudulent use of a credit card is the act of using a credit card or credit card number which the user has no authority to use, with the intent to defraud.

Trafficking in stolen property is the act of buying/selling, distributing/receiving, possessing/dispensing, stolen property [or directing, managing, organizing or otherwise taking part in such activity].

Participating in or assisting a criminal syndicate is the act of managing, directing, organizing, supervising, or financing a criminal organization with the intent of furthering the criminal objectives of that organization; or encouraging others to engage in violence or intimidation to further the objectives of the organization; or providing advice to the organization for that purpose; or encouraging a public servant to do or not do something in violation of that public servant’s official duty; or involving a minor in any activity described above.

Fraudulent schemes and artifices is the act of obtaining any benefit through the use of a scheme or a “con” to defraud.

Illegal control of an enterprise is the act of acquiring an interest in an enterprise [Think money making operation.] through an act or acts of racketeering [Think any of a long list of crimes including homicide, robbery, kidnapping, forgery, bribery, gambling, extortion].

Illegally conducting an enterprise is the act of working for, or associating with, and conducting affairs on behalf of an illegal enterprise.

Computer tampering is the act of accessing, altering, or destroying a computer or computer system or network with the intent to defraud. This crime also can be committed by disrupting a computer system or network, or by using a computer to torment or terrorize another person.

Money laundering is the act of knowingly having an interest or taking part in any transaction that involves the proceeds of a criminal offense, and doing so with the intent to conceal or disguise the true nature of the transaction. [Think source or ownership.] Among many other ways, this crime also can be committed by making a false statement or representation in certain kinds of documents.

Smuggling is the act of illegally getting humans beings into the country for a profit.

Residential mortgage fraud is the act of deliberately making, or helping someone to make, a false representation, or omitting or helping someone to omit a material fact, during the mortgage lending process. This crime can be committed by filing, or having someone else file, a residential mortgage loan document that contains such misrepresentations or omissions.

Participating in or assisting a criminal street gang is the act of directing, supervising, organizing or financing a criminal street gang with the intention of promoting the criminal objectives of that gang. This crime can be committed by encouraging or inciting others to engage in violence or intimidation to promote the criminal objectives of that gang.

Assisting a criminal street gang is the act of participating in the commission of any felony for the benefit of or at the direction of a criminal street gang.

Escape is the act of escaping or attempting to escape from a lawful custody.

Promoting prison contraband is the act of taking a prohibited object or substance into a jail or prison, or unto the grounds of a jail or prison. This crime can be committed by possessing such prohibited object or substance while in jail or prison.

Failure to appear is the act of failing to appear in court in connection with any criminal charge.

Resisting arrest is the act of preventing or attempting to prevent a peace officer, acting under his/her official authority, from effecting an arrest, by using or threatening to use physical force.

Hindering prosecution is the act of assisting another person in avoiding arrest, prosecution or conviction.

Bribery of a public servant or party servant is the act of influencing or trying to influence, with a corrupt intent, a public servant or party officer, in the exercise of their official duties, by way of promising or actually bestowing a benefit to or upon that person.

This crime can be committed by a public servant or party official who solicits, or agrees to accept, any benefit with understanding that the official exercise of his/her duties will be influenced.

Promotion of gambling is the act of conducting, organizing, managing, directing or financing gambling, except for amusement, regulated or social gambling.

Benefiting from gambling is the act of obtaining a benefit from gambling, except for amusement, regulated or social gambling.

Betting and wagering is the act of accepting or recording any bets for a fee; or selling wagering pools. [Think bookie.]

Possession of a gambling device is the act of possessing, transporting or distributing any object known to be used in or for illegal gambling.

Possession of gambling records is the act of any tangible or intangible method of recording information connected to illegal gambling. [Think written records, notes, computer data.]